TERMS and CONDITIONS
Before purchasing service on our web site, please read this section thoroughly. Kangaroo Printing and Marketing Service hereby known as “KPMS” or “the Company” or “our Company” or “we” provides its service to you, subject to the following Terms and Conditions of service. By utilizing the services on this site, you agree to be bound by these terms and conditions and for use of any new company services, web site features or enhancements utilized by you that are not specifically mentioned in this section are nonetheless bound by these same terms and conditions.
I. Indemnification of KPMS
As a result of any legal claim or demand against KPMS due to service completed by KPMS and ordered by you, you agree to indemnify and hold KPMS, and its officers, , agents, subsidiaries, affiliates, subcontractors, employees, successors or assigns harmless from any and all such claims or demands, including attorneys' fees, made by any third party due to or arising out of information, electronic files or any other materials you submit, post to or transmit through our company email or web site, your use of our service, your violation of the Terms and Conditions, or your violation of the rights of a third party.
II. Color Matching Policy
Although KPMS print output will always match or exceed industry standards for quality printing, KPMS also follows industry standards by making no guarantee to exact color matching in accordance to CMYK industry standards for pleasing color. We will not be held responsible for the natural shifts in color shades associated with the CMYK printing process used throughout the industry. KPMS reserves the right to determine the closeness of a color match. KPMS gives no guarantee to a color match as it appears on a computer monitor as these devises generate color using RGB color output and the calibration of monitors vary. KPMS is not responsible for any color variance associated with converting submitted artwork from RGB color mode to CMYK mode used in commercial press printing.
PDF PROOFS: KPMS will email you once your pdf proof is ready for viewing. You can download your proof via your Client Account Manager located by clicking on “Client Area” under Account located on the home page of this site. KPMS will not be held responsible for any errors in written or graphical content (spelling, grammar, typesetting, graphics placement, etc. regardless of who designed the artwork) once a proof has been approved for printing. It is your sole responsibility to ensure the content and placement of all design elements is correct. ***THIS IS NOT A COLOR PROOF***
COLOR PROOFS: Color proofs must be requested and will be sent to you via FedEx or UPS. We will pay shipping. Once you review the proof, you must contact us by going to “Contact Us” on this web site (verbal approvals via phone or any other source of communication will not constitute a response to a proof) and write us with your name, company name, job number, artwork/job description and the FedEx or UPS tracking number for the proof delivery with the words “This proof is approved for print” or “This proof is rejected”. Rejected proofs must include reasons and remedies you wish for us to apply. You must request another proof in the email if needed. KPMS offers one color proof at no charge for each job. All additional proofs will cost $10 plus shipping at your expense.
NOTE: The color proof process will delay the turnaround time. Turnaround time begins once all proofs have been properly approved.
CUSTOMER SUPPLIED PROOFS: At times customers have supplied proofs printed from an inkjet or laser printer. KPMS makes no guarantee that the finished prints will color match the supplied proof.
Any changes, alterations or corrections KPMS makes to your files will be charged at our current rates.
IV.Print Ready Artwork
Print ready artwork is defined in the section called Guidelines for Print Ready Artwork. To avoid delays in turnaround and/or additional fees for KPMS to correct improperly formatted artwork it is to your benefit to read this section or contact us and we will assist you with any questions you may have. Any additional time utilized to correct artwork to make it print ready will be subject to our standard computer/design fees.
V.Refunds and Reprints
Our policy on refunds or reprints is strictly enforced. All claims for refund or reprint must be made no later than 48 hours from the arrival of the shipment. Contact must be made by email or phone only. Claims made via USPS mail service will not be honored. If product is deemed defective due to the fault of KPMS, one of the following resolutions will be offered:
A. At KPMS’ discretion, we will reprint the job in part or whole at no charge to the customer with the same production and delivery terms extending from the time of resolution. This involves shipping (within 5 days of shipment arrival at your expense) to KPMS a predetermined sample of the defective prints for initial review. Once reviewed, KPMS reserves the right to determine the quantity to reprint. KPMS will pay all shipping costs for reprints.
B. A refund will be issued once it is determined that KPMS was at fault for the defective prints. This involves shipping (within 5 days of shipment arrival at your expense) to KPMS a predetermined sample of the defective prints for initial review. Once determined that the samples are defective you have 10 days to return all prints shipped to you (at your expense). KPMS reserves the right to further inspect the entire shipment. Once determined the defect is the fault of KPMS we will issue a full refund including shipping costs.
If the prints are found to be defective due to customer error, a refund will not be authorized. However, KPMS does understand mistakes happen and will offer to reprint any job defective due to customer error at a discount from standard pricing.
Customer errors include typos, erroneous grammar, incorrect file submission in accordance with our specifications in Guidelines for Print Ready Artwork, duplicate orders, misunderstandings of turnaround time, disregard for cutting and folding tolerances within stated limits on the website, undeliverable packages/3rd delivery attempts and orders returned without prior written claim per policy above. Other errors that customers are responsible for include blank cards, incorrect borders, error in orientation, crop marks, incorrect folding orientation, hard to read text and images, missing logos, mini images, images that are not full bleed, colors that are out of gamut, designs that are outside of our stated safe zone and pixilated (fuzzy/hard to read) files.
Acts of God-events beyond our control
KPMS does not refund, cancel orders or issue credit if the service failure is caused, in whole or in part, by acts of God, weather conditions, environmental or dangerous goods incidents, perils of the air, public enemies, public authorities acting with actual or apparent authority, acts or omissions of customs officials, authority of law, quarantine, riots, strikes, work stoppages or slowdowns, or other labor disputes or disturbances, civil commotions or hazards incident to a state of war, local or national disruptions in ground or air transportation networks or systems due to events beyond our control, disruption or failure of communication and information systems, disruption or failure of utilities, or other circumstances beyond our control.
Damage from Shipping / Lost Deliveries
KPMS is not responsible for lost deliveries, delays in shipping, or damage incurred during shipping. Title for finished work passes to the customer upon delivery to the carrier at shipping point or upon mailing of invoices for the finished work or its segments, whichever comes first. Refunds or reprints do not apply.
VI.Order Cancellation Policy
Cancellation requests should be done by phone, however you may also go through the Contact Us page on the web site. We will gladly cancel your order under one of these two conditions:
1.You have not yet approved your proof or
2.You have approved your proof and the artwork has not been plated.
You are responsible to pay any design fees incurred up to the point of cancellation.
Cancellations will not be honored once the plating process is complete. Payment received will not be refunded.
Turnaround begins once all proofs (pdf and/or color) are approved by you for printing. For any proof approved after 1pm EST, turnaround will commence the following business day. Business days include Monday – Friday only. Saturday, Sunday, and holidays do not count for turnaround. Any job that has not had a proof approved will be placed on hold. See section VIII for design fees incurred.
KPMS works hard every day to maintain high standards of service, however sometimes events happen beyond our control. Turnaround times are always the target completion time for your order but they are not a guarantee. We ask that you understand sometimes equipment fails, weather delays shipments, or illness leaves us short-handed. We can guarantee that we always do our best to follow through on our turnaround times and prompt delivery.
VIII. Design Fees
Once you commission KPMS to begin artwork design (as assumed through the artwork selection option of the ordering process and/or the electronic delivery of layout information, graphics, logos and other content to be incorporated into the artwork) you are hereby responsible to pay any design fees incurred up to the point of either a) KPMS email notification of proof ready for review or b) notification by you that you would like to cancel your order. (see section VI Order Cancellation Policy)
IX. Terms of Payment
All orders must be prepaid. We accept VISA, Master Card, American Express, and Discover credit cards. You may also mail us a check to 14359 Miramar Pkwy Suite 190 Miramar Fla. 33027. Orders paid by check must be placed by phone (954-447-3409). Your job will be placed on hold until your check clears our bank. We do not accept orders on COD terms. We do offer credit terms once a predetermined threshold of business volume has been exceeded.
You agree that KPMS’ sole warranty is to provide products that meet industry standards of quality and are free of material defects in workmanship. KPMS will not be held accountable for any indirect direct, consequential, or minor damages, including but limited to loss of profits. You agree that no information, written or oral, received from KPMS constitutes any warranty of any kind not expressly stated in these terms and conditions and that this warranty supersede any other warranties of fitness for particular use and merchantability.
KPMS will generally deliver exact quantities ordered. However it is a common industry occurrence that quantities delivered can be a few more or less than actual ordered. Those quantities in excess are called overruns and the amount shorted is called underruns. KPMS will not charge for any overruns. In the event of significant underruns, KPMS will bill for the amount delivered. The accepted allowance for the industry is ±10%. It is always a good idea to order 10% more than what you actually need.
XII. File Storage
KPMS makes no guarantee that it will store your electronic files for any amount of time after your order has shipped. You agree that KPMS has no liability for the deletion or failure to store any electronic data, documents, or artwork submitted to us by you. We strongly suggest you keep backup files of your work.
XIII. Printing on Finished Products
If you need a printed product that will allow for additional, after-production printing it is your responsibility to inform us of your needs via email through Contact Us on the web site and we will discuss your options. Never at any time will KPMS accept responsibility for the inability to print on shipped goods.
XIV. Intellectual Property Policy
KPMS expressly discourages the use of any design elements such as logos, service marks, trademarks or copyright materials on printed product that is not owned by you or legally licensed to you for the specific use on your print order. KPMS reserves the right to refuse any order that we feel may infringe on a third party’s intellectual property rights. By accepting these terms and conditions you hereby guarantee legal ownership and title of any or all design elements considered protected by any intellectual property laws and indemnify and hold KPMS harmless from any claim made by a third party arising from content submitted by you.
XV. Sales Tax
You are responsible to pay all applicable sales tax. No sales tax exemption will be honored without a valid tax exempt certificate.
KPMS does not share any collected information from its clients with any other third party. Any information gathered is used for the sole purpose of processing your order.