By proceeding with an order, client is forming a legally binding contract with Menus Plus Graphics by Kim (MPGBK), for products and services, and agrees to be bound by the following Terms and Conditions.
CANCELLATION OF JOB: All orders are placed once proof approval is received. Orders cancelled by the client after receipt and acceptance of order will be subject to compensation of incurred costs and related obligations, and any other cancellation charges computed by MPGBK, but not to exceed the original value of the order.
PROOFING, PRINT QUALITY & FILES: MPGBK will reproduce color from digital files as closely as possible, but may not exactly match color and density due to limitations in the proofing and printing process. A reasonable variation in color between original materials, proofs and the completed order, will be considered acceptable print quality. Client must provide high resolution images suited to the offset printing process. MPGBK is not liable for images printing poorly due to the Client providing low resolution images.
OVER OR UNDER-RUNS: While every attempt will be made to print as close to exact quantities ordered, the nature of custom manufacturing is such that we must reserve the right to ship a variance of 10% over or under the quantities ordered, unless otherwise specified. MPGBK will bill for actual quantity delivered within this tolerance if it is less than ordered amount.
ERRORS AND OMISSIONS: MPGBK is not responsible for errors and omissions approved by the Client. The client is solely responsible for errors missed during the proofing process of either artwork supplied by the client or artwork created by MPGBK. While MPGBK does assist by trying to proofread, MPGBK does not charge for this service and is not responsible for proofreading.
INDEMNIFICATION: Under no circumstances will MPGBK be liable for specific, individual, or consequential damages. The client agrees to protect MPGBK from economic loss and any other harmful consequences that could arise in connection with the work. This means that the client will hold MPGBK harmless and save, indemnify, and otherwise defend them against claims, demands, actions, and proceedings on any and all grounds. This will apply regardless of responsibility for negligence.
COPYRIGHTS: The customer also warrants that the subject matter to be printed is not copyrighted by a third party. The customer also recognizes that because subject matter does not have to bear a copyright notice in order to be protected by copyright law, absence of such notice does not necessarily assure a right to reproduce. The client further warrants that no copyright notice has been removed from any material used in preparing the subject matter for reproduction. To support these warranties, the customer agrees to indemnify and hold MPGBK harmless for all liability, damages, and attorney fees that may be incurred in any legal action connected with copyright infringement involving the work produced or provided.
PERSONAL OR ECONOMIC RIGHTS: The client also warrants that the work does not contain anything that is libelous or scandalous, or anything that threatens anyone's right to privacy or other personal or economic rights. The client will, at the client's sole expense, promptly and thoroughly defend MPGBK in all legal actions on these grounds.
DELIVERY AND SHIPPING: All turnaround times are approximate and although MPGBK will make every effort to meet all deadlines, MPGBK will not be liable for any costs or damages resulting from deliveries made later than expected to the Client.
TERMS OF SALE: In the event of non-payments that lead to dispute and/or litigation, the Client agrees to pay all legal and collection fees incurred by MPGBK.