KopiKats - Terms & Conditions
1. KopiKats - Each KopiKats outlet is owned and operated by Devonica LLC.
2. Price Variation - Price estimates are based on KopiKats's current costs of production and, unless otherwise agreed, are subject to amendment on, or at any time after, acceptance where such amendment is required in order to meet any rise or fall in such costs.
3. Tax - KopiKats reserves the right to charge the amount of any sales tax payable whether or not included on the estimate or invoice.
4. Preliminary Work - All work carried out, whether experimentally or otherwise, at customer's request shall be chargeable.
5. Copy - Where any additional work of whatever nature is necessary as a result of copy supplied by a customer not being clear and/or legible, KopiKats shall be entitled to make additional charges on a time and materials basis to cover such additional work.
6. Proofs - Proofs of all work may be submitted for customer's approval and KopiKats shall incur no liability for any errors not corrected by the customer in proofs so submitted. Additional charges shall be made for any additional proofs that are required as a result of alterations required by the customer. When style, type or layout is left to KopiKats's discretion, any subsequent changes to such style, type or layout required by the customer shall be subject to additional charges on a time and materials basis.
7. Copyright - (a) Unless negotiated and agreed in writing, the copyright of general artwork, commissioned artwork and illustrations and anything else whatsoever prepared, developed or created by KopiKats shall vest in and belong to KopiKats. KopiKats may use any artwork or printing produced by itself for the purposes of promoting itself and/or DEVONICA LLC. The customer shall be responsible for obtaining all necessary authorities and consents to reproduce pictures, artwork, photographs, copyright text and/or any other reproducible materials ('Materials') prior to instructing KopiKats to reproduce the same. The customer shall indemnify and hold KopiKats and its agents and representatives harmless against all claims, demands, actions, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of any claim (including but not limited to the defense of such claim) that the reproduction of the Materials by KopiKats infringes the intellectual property or other rights of any third party or misuses the confidential information of a third party.
(b) All design, text, illustrations, graphics, photographs, diagrams, drawings, logos and the selection and arrangement thereof, and all source code and all other material content of any website owned, controlled or operated by DEVONICA LLC, the Website, DEVONICA LLC's Buying Guide and Devonica LLC's Marketing Collateral are as between DEVONICA LLC, the customer and KopiKats, the intellectual property of DEVONICA LLC or its content providers and all intellectual property rights (including all copyright) arising out of or connected with such content shall belong to DEVONICA LLC. No reproduction of any part is allowed without written permission from DEVONICA LLC.
8. Company Imprint - Unless otherwise specifically requested in writing any work may carry the DEVONICA LLC imprint which will be positioned at KopiKats's sole discretion.
9. Delivery & Payment - Turnaround is measured in business days defined as those days on which the federal banks in the United States are open for normal business ('Business Days'). For orders guaranteed to be ready within a certain time period ('Guaranteed Turnaround Service'), delivery (as more particularly described in paragraph 9(b) below) will be made no later than 10 pm on the last Business Day of the agreed upon time period (the 'Guaranteed Period'). Should KopiKats fail to deliver within the Guaranteed Period (see also paragraph 10 Variations in quantity), a credit will be issued up to the value of the order in question redeemable against future orders within 6 months of the issue date (the 'Credit'). The customer will still be obliged to pay in full for the order in respect of which delivery was late, including any of the sums charged specifically for the provision of the Guaranteed Turnaround Service (the 'Premium Charges'). Where the late delivery is the result of the action or inaction of a third party, such as a carrier, KopiKats, at their absolute discretion, may elect to extend the Guaranteed Period by one Business Day and the customer shall not be awarded a Credit during this time. In addition:
(a) Guaranteed Turnaround Services rely on the customer not delaying the progress of the order in any way, which delays include but are not limited to the customer not returning proofs by the time specified by KopiKats or failing to make payment by the time such payment is due (each, a 'Customer Delay'). In the event of a Customer Delay, the customer shall not be awarded a Credit and the customer shall still be obliged to pay the Premium Charges, but KopiKats shall not be bound to deliver within the Guaranteed Period.
(b) Delivery of work by KopiKats shall be deemed to take place upon pickup of the work by the customer, where the customer is obliged to pick up the work, or actual delivery, where KopiKats is obliged to deliver the work to the customer. Where the customer is obliged to pick up the work, customer's failure to pick up the work on the day which KopiKats is contractually obliged to have it ready for pickup shall be deemed a Customer Delay. Where KopiKats is obliged to deliver the work to the customer and the customer provides KopiKats with incomplete or incorrect delivery information or is not available to accept delivery, and provided that KopiKats has used reasonable efforts to deliver the work to the customer, such a failed delivery shall be deemed as a Customer Delay.
(c) Unless otherwise specified, the price quoted is for pickup of the work from KopiKats. A charge may be made to cover any extra costs involved for delivery to a different address.
(d) Should expedited delivery be agreed upon, KopiKats shall be entitled to make additional charges on a time and materials basis to cover any overtime or any other additional costs involved, including without limitation, the cost of couriers or special delivery.
(e) Should work be suspended at the request of or delayed through any fault of the customer for a period of 30 days or more, KopiKats shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.
(f) Risk of loss or damage to work completed by KopiKats shall pass to the customer on delivery. Notwithstanding delivery and the passing of risk in the work to the customer, ownership of and title to the work shall not pass to the customer and shall be retained by KopiKats until KopiKats has received payment in full in respect of the work.
(g) In the unlikely event that KopiKats deems it necessary to re-print work, the Guaranteed Period shall recommence from the time of KopiKats's confirmation to the customer of its agreement to reprint the work.
10. Variations in Quantity - Every effort will be made to deliver the correct quantity ordered. However some variation is inherent in the print process and it is understood and accepted as reasonable that minor variations are immaterial and that KopiKats shall have no liability in respect of such variations.
11. Claims - Notice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to KopiKats and the carrier within three days of delivery (or, in the case of non-delivery within 28 days of shipment of the goods) and any claim in respect thereof must be made in writing to KopiKats and the carrier within seven days of delivery (or, in the case of non-delivery, within 42 days of shipment). All other claims must be made in writing to KopiKats within 28 days of delivery. KopiKats shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves that (i) it was not possible to comply with the requirements and (ii) notice (where required) was given and the claim made as soon as reasonably possible.
12. Liability - KopiKats gives no warranties or guarantees and makes no representations as to the merchantability or fitness for a particular purpose of any completed work which is the subject of a customer's order and all other warranties, conditions, guarantees or representations, whether express or implied, oral or in writing, except as expressly stated in these terms and conditions are hereby excluded. KopiKats shall not be liable for any loss arising from delay in transit not caused by KopiKats. Further, KopiKats shall not be liable for any indirect, special or consequential damages, loss of profits, economic loss, loss of goodwill or loss of anticipated savings or loss of data. The total aggregate liability of KopiKats in respect of any and all causes of action arising out of or in connection with the customer's order and KopiKats's performance of services pursuant to such order whether for breach of contract, strict liability, tort (including, without limitation, negligence), misrepresentation or otherwise shall, subject to the provisions of paragraph 10, be limited to the sums paid to KopiKats by the customer in respect of the order pursuant to which liability has arisen. Nothing in these terms and conditions shall be construed so as to limit or exclude liability which cannot, pursuant to applicable law, be excluded or limited including for death or personal injury or liability in respect of fraud or fraudulent misrepresentation.
13. Standing Material - (a) Metal and other materials owned by and used by DEVONICA LLC in the production of plates, film-setting, negatives, positives and the like shall remain the exclusive property of DEVONICA LLC. Such items when supplied by the customer shall remain the customer's property.
(b) Lithographic, together work or other materials supplied by the customer may be effaced or destroyed immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, KopiKats shall be entitled to make additional charges.
14. Customer's Property - (a) The customer's property and all property supplied to KopiKats by or on behalf of the customer shall while it is in the possession of KopiKats or in transit to or from the customer be deemed to be at customer's risk unless otherwise agreed and the customer should insure such property accordingly.
(b) Where a customer fails to pick up work within 20 Business Days from notification to the customer of completion of the work, KopiKats shall be entitled, at its discretion, to either store the work until actual delivery or pickup is made and charge the customer for the costs (including insurance) of storage or to destroy such work (provided that the customer shall nevertheless remain liable for payment in respect of the relevant order).
15. Materials Supplied by the Customer - (a) KopiKats may reject any paper, plates or other materials supplied or specified by the customer which it considers to be unsuitable. Additional costs incurred if customer provided materials are found to be unsuitable during production may be charged back to the customer.
(b) KopiKats shall have no liability for any work being of less than satisfactory quality as a result of defects in or the unsuitability of materials supplied or specified by the customer.
(c) Customer shall provide an adequate amount of customer supplied materials to cover normal spoilage. KopiKats shall have no liability for any shortfall in the quantity of any order to the extent that such shortfall arises as a result of the insufficient supply of customer supplied materials.
16. Credit Terms and Payment - KopiKats shall charge interest on the overdue amount of any invoice at the rate of 1.5% per month and an administration fee in the amount of $50 on any customer check returned to KopiKats for any reasons. In addition, the customer shall be responsible for any other costs relating to any collection of payment.
17. Insolvency - If the customer ceases to pay its debts in the ordinary course of business or cannot pay its debts as they become due or files a voluntary petition for bankruptcy protection or an assignment for benefit of creditors or is the subject of an involuntary bankruptcy petition, then in any such event, KopiKats without prejudice to other remedies shall (i) have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to KopiKats, and (ii) in respect of all unpaid debts due from the customer have a general lien on all goods and property in KopiKats's possession (whether worked on or not) and shall be entitled on the expiration of 14 days' notice to dispose of such goods or property in such manner and at such price as KopiKats deems commercially reasonable and to apply the proceeds towards such debts.
18. Illegal Matter - KopiKats shall not be required to print any matter which in its opinion is or may be of an illegal or libelous nature or an infringement of the proprietary or other rights or any third party. Without prejudice to paragraph 7 above, the customer shall indemnify and hold KopiKats harmless against all claims, demands, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of the work it is required to produce pursuant to a customer order being or alleged to be defamatory.
19. Periodical Publications - Save in respect of a material breach and/or in the event that a claim arises under any indemnity set out above, a contract for the printing of a periodical publication may not be terminated by either party unless 13 weeks' notice in writing is given in the case of periodicals produced monthly or more frequently or 26 weeks' notice in writing is given in the case of other periodicals. Notice may be given at any time but wherever possible should be given after completion of work on any one issue. Notwithstanding the foregoing, KopiKats may terminate any such contract without such notice in the event of a material breach by customer, a claim arises under any indemnity provided for herein or the customer fails to pay any amount due to KopiKats and such amount remains unpaid for a period of 7 or more days from its due date.
20. Full-Color Printing - All reasonable efforts shall be made to obtain the best possible color reproduction on customer's work. Customer understands that variation is inherent in the print process and therefore acknowledges and agrees that KopiKats shall not be required to produce an exact match in color or texture between the customer's photograph, transparency, proof, electronic graphic file, previously printed matter (whether printed by KopiKats or other party) or any other materials supplied by the customer and the customer's order.
21. Data Protection - By placing an order with KopiKats, the customer consents to KopiKats disclosing customer information including the details of any order and contact information to DEVONICA LLC for accounting and marketing purposes. All customer information will be maintained and used by DEVONICA LLC even after the customer's trading relationship with KopiKats has terminated. Customer consents to the use of all such customer information by KopiKats and DEVONICA LLC and may use the customer's personal information at its discretion in its marketing and advertising efforts.
22. Force Majeure - KopiKats shall not be deemed in default hereunder where such default is based on a delay in performance as a result of war, insurrection, strikes, lockouts, riots, floods, earthquakes, fires, casualty, acts of God, acts of public enemy, epidemic, quarantine restrictions, freight embargo, lack of transportation, government restrictions of priority, litigation, severe weather, inability to procure required materials and other acts or failures beyond the control of KopiKats. During the continuance of any such event the customer may by written notice to KopiKats elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
23. Amendments - These terms and conditions may be amended from time to time. The latest version of these terms and conditions may be accessed via the Website.
24. Governing Law - This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Florida without regard to its conflict of laws rules.
KopiKat's Email Policy
E-mail communication is intended for the addressee only, is private and confidential, and is subject to the applicable terms and conditions. Access to e-mail by anyone else is unauthorised and should not be read if delivered in error.
If you are not the intended recipient of e-mail and have received it in error, please notify us via our website or call us, and then delete it from your mailbox.
1. We collect information to process your order, guide and enhance your online experience, supply you with information in which you have expressed an interest.
2. When you log in we collect name and address, telephone, email address, user name and password — This provides us with default details for your order processing and sets up security — so viewing of your account details, designs and order history is password protected.
3. To help you choose the right product and design to suit your purpose/business we ask you to make selections and choices — Only the design details are collected if you choose to save or order.
4. When you order we allocate you a customer number, capture order details, invoicing address, shipping address and credit card details to process and fulfill your order. Invoicing address and shipping address are retained so you do not have to enter them again. Order details are retained so you can view your order history.
5. When you enter credit card details you are in communication over a secure link direct merchant system. They retain details of the credit card transaction. You must enter the details for each purchase for security reasons.
6. To assist you with your promotions and marketing and tailor our service to your needs we may ask you for feedback, about your business and any information you may require — supply of this information is optional and not mandatory. All this data will be stored so we can effectively meet your needs.
Access to your account data is password protected. Credit card details are processed by a secure server.
KopiKat's Refund Policy
Refunds - orders are made to your specification and/or personalised by you, consequently you may not cancel the order once you have placed it and no refunds can be offered. In the unlikely event that an item doesn't meet our published specification, a refund may only be given at the sole discretion of KopiKats. Please refer to our Terms & Conditions.