Quotation: A quotation not accepted within 30 days may be changed.
Order: Acceptance of orders is subject to credit approval and contingencies such as fire, water, strikes, theft, vandalism, acts of God, and other causes beyond the provider's (Klingstedt Brothers Company) control. Canceled orders require compensation for incurred costs and related obligations.
Experimental Work: Experimental or preliminary work performed at customer's request will be charged to the customer at the provider's current rates. This work cannot be used without the provider' s written consent.
Creative Work: Sketches, copy, dummies and all other creative work developed or furnished by the provider are the provider's exclusive property. The provider must give written approval for all use of this work and for any derivation of ideas from it.
Accuracy of Specifications: Quotations are based on the accuracy of the specifications provided. The provider can requote a job at time of submission if copy, film, tapes, disks, or other input materials do not conform to the information on which the original quotation was based.
Preparatory Materials: Artwork, type, plates, negatives, positives, tapes, disks, and all other items used in the production of an order and supplied by the provider remain the provider's exclusive property.
Electronic Manuscript or Image: It is the customer's responsibility to maintain a copy of an original file which it supplies. The provider is not responsible for accidental damage to media supplied by the customer or for the accuracy of furnished input or final input. Until digital input can be evaluated by the provider, no claims or promises are made about the provider's ability to work with jobs submitted in digital format, and no liability is assumed for problems that may arise. Any additional translating, editing, or programming needed to utilize customer-supplied files will be charged at prevailing rates.
Alterations/Corrections: Customer alterations include all work performed in addition to the original specifications. All such work will be charged at the provider's current rates.
Prepress Proofs: The provider will submit prepress proofs for the customer's review and approval on request or at the provider's option. Corrections will be returned to the provider on a "master set" marked "OK," "OK With Corrections" or "Revised Proof Required" and signed by the customer. Until the master set is received, no additional work will be performed. The provider will not be responsible for undetected production errors if:
- proofs are not required by the customer;
- the work is printed per the customer's OK;
- requests for changes are communicated orally.
Press Proofs: Press proofs will not be furnished unless they have been required in writing in the provider's quotation. A press sheet can be submitted for the customer's approval as long as the customer is present at the press during make-ready. Any press time lost or alterations/corrections made because of the customer's delay or change of mind will be charged at the provider's current rates.
Color Proofing: Because of differences in equipment, paper, inks, and other conditions between color proofing and production pressroom operations, a reasonable variation in color between color proofs and the completed job is to be expected. When variation of this kind occurs, it will be considered acceptable performance.
Errors in Production: Product errors which are found following completion of the product, or at any time during production, that are the fault of the customer will be corrected at the customer's expense. Errors which are made by the provider will be corrected at the provider's expense, except when a prepress or press proof has been seen and approved by the customer. In this case, both parties will share the replacement cost equally.
Over-runs or Under-runs: Over-runs or under-runs will not exceed 10 percent of the quantity ordered. The provider will bill for actual quantity delivered within this tolerance. If the customer requires a guaranteed quantity, the percentage of tolerance must be stated at the time of quotation.
Customer's Property: The provider will only maintain fire and extended coverage on property belonging to the customer while the property is in the provider's possession. The provider's liability for this property will not exceed the amount recoverable from the insurance. Additional insurance coverage may be obtained if it is requested in writing, and if the premium is paid to the provider .
Delivery: Unless otherwise specified, the price quoted is for a single shipment, without storage, F.O.B. provider' s point of manufacture. Proposals are based on continuous and uninterrupted delivery of the complete order. If the specifications state otherwise, the provider will charge accordingly at current rates. Charges for delivery of materials and supplies from the customer to the provider, or from the customer's supplier to the provider, are not included in quotations unless specified. 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, which ever occurs first.
Production Schedules: Production schedules will be established and followed by both the customer and the provider. There will be no liability or penalty for delays due to state of war, riot, civil disorder, fire, strikes, accidents, action of government or civil authority, acts of God, or other causes beyond the control of the provider. In such cases, schedules will be extended by an amount of time equal to delay incurred.
Customer-Furnished Materials: Materials furnished by customers or their suppliers are verified by delivery tickets. The provider bears no responsibility for discrepancies between delivery tickets and actual counts. Customer-supplied paper must be delivered according to specifications furnished by the provider. These specifications will include correct weight, thickness, pick resistance, and other technical requirements. Artwork, film, color separations, special dies, tapes, disks, or other materials furnished by the customer must be usable by the provider without alteration or repair. Items not meeting this requirement will be repaired by the customer, or by the provider at the provider's current rates. The provider is not responsible for any errors in copy provided by the customer.
Outside Purchases: Unless otherwise agreed in writing, all outside purchases as requested or authorized by the customer, are chargeable.
Terms/Claims/Liens: Payment for customers with approved credit is net cash 30 calendar days from date of invoice. Claims for defects, damages or shortages must be made by the customer no later than 30 calendar days after delivery, unless other terms have been applied. If no such claim is made, the provider and the customer will understand that the job has been accepted. By accepting the job, the customer acknowledges that the provider's performance has fully satisfied all terms, conditions, and specifications. The provider's liability will be limited to the quoted selling price of defective goods, without additional charge for special or consequential damages. As security for payment of any sum due under the terms of an agreement, the provider has the right to hold and place a lien on all customer property in the provider's possession. This right applies even if credit has been extended, notes have been accepted, trade acceptances have been made, or payment has been guaranteed. If payment is not made, the customer is liable for all collection costs incurred.
The provider retains the right to discontinue any ongoing services at any time due to an outstanding account balance. The current standard for discontinuing service is 90 days from the invoice date if the balance is not paid in full.
Liability: Disclaimer of Express Warranties: The provider warrants that the work is as described in the purchase order. The customer understands that all sketches, copy, dummies, and preparatory work shown to the customer are intended only to illustrate the general type and quality of the work. They are not intended to represent the actual work performed. Disclaimer of Implied Warranties: The provider warrants only that the work will conform to the description contained in the purchase order. The provider's maximum liability, whether by negligence, contract, or otherwise, will not exceed the return of the amount invoiced for the work in dispute. Under no circumstances will the provider be liable for specific, inpidual, or consequential damages.
Indemnification: The customer agrees to protect the provider from economic loss and any other harmful consequences that could arise in connection with the work. This means that the customer will hold the provider harmless and save, indemnify, and otherwise defend him/her 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 customer 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 the provider 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 customer 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 customer will, at the customer's sole expense, promptly and thoroughly defend the provider in all legal actions on these grounds as long as the provider promptly notifies the customer of the legal action and gives the customer reasonable time to undertake and conduct a defense. The provider reserves the right to use his or her sole discretion in refusing to print anything he or she deems illegal, libelous, scandalous, improper or infringing upon copyright law.
Storage: The provider will retain intermediate materials until the related end product has been accepted by the customer. If requested by the customer, intermediate materials will be stored for an additional period for additional charge. The provider is not liable for any loss or damage to stored material beyond what is recoverable by the provider's fire and extended insurance coverage.
Taxes: All amounts due for taxes and assessments will be added to the customer's invoice and are the responsibility of the customer. No tax exemption will be granted unless the customer's "Exemption Certificate" (or other official proof of exemption) is on file or accompanies the purchase order. If, after the customer has paid the invoice, it is determined that more tax is due, then the customer must promptly remit the required taxes to the taxing authority, or immediately reimburse the provider for any additional taxes paid.
Telecommunications: Unless otherwise agreed, the customer will pay for all transmission charges. The provider is not responsible for any errors, omissions, or extra costs resulting from faults in the transmission.
Web Design Practices
Order Process: All web design projects are created on live servers. Any associated costs specific to hosting and domain name registration are to be paid at the placement of a web design order. The Klingstedt Brothers Co. (the provider) reserves the right to request a 50% down-payment of any design fees. Once the host is established, design will begin. Under-construction websites will be accessible via a private link provided to the customer for proofing purposes. This link may be shared with third-parties that the customer deems appropriate; however, it may not be used for public display.
Once the design of the website is completed to the customer’s satisfaction, The provider will bill the remaining balance. Once the customer’s account is paid-in-full, the site will be made publicly available, and submitted to search engines.
Creative Work: Design hours are included in all packages based off averages for similar projects. Upon review of customer content, more hours may be required. If this is the case, the customer will be notified that additional charges will apply. The provider defines a “page” as a webpage including up to two images and/or two screens of textual copy. If content is provided which exceeds these limits, additional charges may apply.
Errors in Production: Product errors which are found following completion of the product, or at any time during production, that are the fault of the customer will be corrected at the customer's expense. Errors which are made by the provider will be corrected at the provider's expense, except when a proof has been seen and approved by the customer. In this case, both parties will share the replacement cost equally.
Technical Support: The provider is not liable for damages done to the website by the customer or third-parties. Customers with hosting plans provided by The Klingstedt Brothers Co. have access to 24/7 hosting support at no charge. Design support is offered by our office during standard business hours. Technical support is billed at the provider’s standard hourly rate unless the customer is covered by the “Errors in Production” clause.
Third-Party Software: Our services may include installation and general maintenance (set-up and upgrading) of third-party software, templates and/or extensions. We are not responsible for technical support of third-party software. Please contact the software developer for support. We may be contracted to contact third-parties on behalf of the customer. The customer will be responsible for service charges or any other associated fees.
Site Ownership: Websites created by the provider become the property of the customer if the customer’s account is paid-in-full. The customer may cancel or move the website to another provider at any time. No discounts or refunds will be provided for unused hosting time. Domain names owned by the provider on behalf of a customer will be transferred upon requests, if the customer’s account is paid-in-full.