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Terms and Conditions

 KrakenPrint LLC Terms and Conditions

These terms and conditions govern the agreement between KrakenPrint LLC (“Kraken”) and the person submitting (“You” or “Your”) work to be printed by Kraken (“Work”). Kraken and You agree that terms altering these terms and conditions must be in writing and agreed by both parties. Kraken and You agree the contents herein are material parts of the printing contract between Kraken and You.

Quotations


Kraken will honor the product price and shipping fees documented on quotations for a period of 30 calendar days from the date indicated on the quotation for the party and Work named, provided all specifications remain identical to the quotation provided. In the event You wish to make changes, You agree all previous quotations will be rendered void. Kraken reserves the right to provide a new quotation with current rates, including pricing on aspects not directly affected by changes requested by You, after the 30 calendar day period. Kraken and You agree quotations are considered confidential communication between You and Kraken and may not be shared with any third parties or published in any form.

Client Communication


Once an order has been placed, You agree to respond to all Kraken telephone calls, email messages, or other communications by the next business day. You acknowledge failing to provide timely responses to inquiries may significantly delay the production process and delivery window. You agree Kraken is not responsible for delays from Your untimely response to Kraken communication. You hold harmless Kraken for Your response being lost, damaged, misdirected, or messages inadvertently flagged as “spam” or junk.

If Kraken does not receive any replies or communication from the customer for 14 or more calendar days, Kraken shall, at its sole discretion, consider Work abandoned by You, and You agree all funds received by Kraken will be forfeited by You. You agree Kraken may, at its sole discretion, decide whether to resume the order or not upon Your request.

Payment


Kraken will accept payments made by personal or business check, bank transfer, and Stripe. You will make payment so it is received at the time of placing an order. You agree payment must be deposited in Kraken accounts before Kraken starts production. On larger balances, over $7,500, Kraken reserves the right to ask for a specific method of payment by You.

File Storage


You hold harmless Kraken for maintaining backup copies of Work. You agree Kraken is not responsible for providing customers with analogue, digital, or print copies of Your submitted files of or related to Work. You hold harmless Kraken for the damage, corruption, or loss of any analogue, digital, or print copies of Your submitted files of or related to Work.

By submitting digital files, electronically or rendered onto physical medium, to Kraken, You represent and warrant that digital files are virus free, do not contain any malicious code or functionality, and all files are related to Your Work and are required to print
W ork.

Prepress & Graphics Services


Kraken will provide prepress services at their discretion at no additional costs to customers. Prepress services may include file reviews, file color conversions to the CMYK color profile, the addition of origin statement, and final layout for production of the Work. Kraken is not responsible for customer’s creative decisions, typographic and layout errors, non-standard specification choices, and color matching unless a spot color is used. While our team will do its best to catch any potential problems with a Work, Kraken does not guarantee that every issue will be found or corrected. You agree to hold Kraken harmless for any error in the Work not corrected by Kraken in providing prepress services.

Kraken does offer graphic services to customers who need changes in design, typography, layout, and color corrections for a fee. You agree the types and terms of such services are outside the scope of this agreement, and will contact Kraken if You wish to be quoted for these services.

Proofs


Kraken provides customers with “soft proofs”. These are electronic PDF files that show the content, final layout of the project, trim and other information of the Work for the customer’s review and approval. These proofs are only an approximation of the final printed appearance of the Work. You agree and acknowledge there are a variety of variables that cannot be controlled by Kraken, which could include but is not limited to hardware and software settings, which constitutes a soft proof as an inaccurate representation of final produced product.

Hardcopy press proofs are available for an additional fee and carry with them additional terms and conditions regarding production time delays and approval processes. Fees for these proofs will need to be quoted on a per project basis.

To avoid possible errors, Kraken respectfully asks that customers proofread and check the Work for errors in content and design prior to submitting them for printing with Kraken. You agree if You exceed two preflight cycles due to changes or mistakes initiated by You in the Work, Kraken has a right to place Work in a lower priority queue that will be processed after other projects. Customers should be aware that changes in

Work will result in a delay of a production. If proofing exceeds a period of 30 days as a result of customer’s repeated changes to Work, Kraken reserves the right to recalculate printing and shipping prices. Kraken agrees You will not be penalized if there is a proof error on Kraken’s part.

Approvals


By providing Your Kraken representative with a written or email approval of the soft proof, You consent that You are providing the equivalent of an electronic signature indicating Your approval of the proof. You agree changes after receipt of approval may result in additional fees depending on the where Work is in production, at the sole discretion of Kraken.

Production

Schedules, Kraken will begin the production process once You approve soft proofs of Work and requested payment has cleared. Kraken reserves sole rights in determining what, if any, requested payment is needed before production.


Standard industry materials, equipment, and practices will be used in the production of all orders, and work will be done in workman like fashion. Kraken reserves the right to change materials, equipment, and practices used in the production process as long as final product does not materially differ from the final, accepted soft proof.

Color Matching


Kraken does not guarantee color matching unless a spot color is requested before Your approval of the soft copy. You agree and acknowledge files submitted in the RGB color profile will automatically be converted to the CMYK color profile for printing, and hold Kraken harmless for any color shift that occurs during this conversion. You agree and acknowledge color accuracy is affected by a lot of variables, monitor color calibration being number one. For tips on how to improve the color accuracy of Your project, please contact Kraken for more information.

Shipments


Kraken is not responsible for incorrect shipping addresses provided by You. In the event that an order needs to be reshipped, redelivered, or rerouted due to an incorrect address, additional charges will be incurred by You. Kraken does not guarantee order delivery dates. Customers are given a delivery window as an estimate only. You agree and acknowledge orders may arrive before, within, or after the dates given and may be subject to delay due to a variety of reasons, including but not limited to weather, labor fluctuations, market conditions, government inspections, or other delays. Kraken estimates a delivery window is based off of proof approval date and not initial order date.

In the event that an order has been returned to Kraken after the maximum of three delivery attempts, You agree You are still be responsible for the full cost of the order,

plus any redelivery fees. If items arrived damaged due to shipping, please contact Kraken as soon as possible. You agree to assist Kraken in providing documentation of damaged goods of Work for us to file applicable claims with our carriers.

Samples


Kraken reserves the right to print additional copies of a customer’s project at cost, without notice or compensation to customer, and use those copies as samples to be shared with potential or existing customers, including in public forums. You grant Kraken a limited, perpetual, royalty-free license to any copyrights and trademarks of Work and Your personal and company name with no rights of assignment or sub-license for this purpose, and for this purpose only. Kraken may, at its sole discretion, modify a customer’s project for this purpose, and for this purpose only. Kraken’s samples will not be for retail sale, but You agree to hold Kraken harmless for any sale or trade that may occur if samples are out side of Kraken’s exclusive possession. You agree and grant license to Kraken to use photographs or other graphical representations of Work as produced directly or indirectly by Kraken as examples to potential or current customers, including in public forums.

If You do not wish to have a particular project used as a sample or example, or You do not wish for Your name or organization’s name to appear on customer lists, You must provide written notice to Kraken at the time of order.

Country of Origin


International and national laws require Work be printed with the country of origin on them (“Notice”). If the Notice is not included in the customer provided files, KrakenPrint LLC will add a Notice such as “Printed in [COUNTRY]” at its sole election of place and size. If You supply a location, size, or other requirement for Notice that does not comply with international law, Kraken reserves the right, to adjust, move or add the statement without additional approval from You.

Notice should be conspicuous. Kraken recommends using a type size no less than 8 points, and a text color that contrasts to the background. Ideal locations for Notice would be a copyright or credits page. A Notice can also be placed on an outer box or folder, if such is employed by Work.

Non-Infringement


You represent and warrant that You are the owner of all rights in Work, or that You are authorized licensee of all intellectual property in Work. Kraken reserves the right to not proceed with printing Work it considers, at its sole discretion, to be libelous, scandalous, offensive, or obscene at any point in the order process.

Returns/Refunds

Kraken will issue a refund, if You cancel Your order before the start of production, less

Kraken’s calculation of work preparing the Work for press at $40.00 per hour plus any expenses incurred. If the final Work differs from the approved soft proof, Kraken will attempt to rectify the situation in a timely matter. Reprinted product for damaged or incorrect final Work may be expedited at Kraken’s discretion and expense. Kraken reserves the right to recover any misprinted product through its suppliers and insurance. Kraken will not refund orders that You refuse for delivery.

In the event that a portion of Work arrives damaged, Kraken at its sole discretion may issue a pro-rated refund for the number of damaged items or reprint and ship additional copies equal to the number of damaged items. You agree Kraken reserves the right at its sole discretion to opt to issue a prorated refund rather than reprinting an order. You agree Kraken reserves the right to request documentation to Kraken’s sole satisfaction of any or all damage as a condition of refund or reprinting. Kraken may request You to return refunded items at Kraken’s expense. Kraken is not responsible for any loss or damage that are a result from Your failure to accept delivery.