Terms of Service

Effective as of: April 20, 2024

Welcome to Kaz Graphic Design!

The following terms and conditions (the “Terms of Service”) govern your use of www.kazgraphics.com (the “Website”) and the procurement of products and services offered thereby. This Website is owned and operated by Kaz Graphic Design (“we”, “us”, “our”), a Sole Proprietorship registered in Canada. By using this Website, the user (“you”, “your”, “they”, “their”) indicates they have read, accepted and understood these Terms of Service in whole and agree to abide by them at all times.

Definitions

1. In these Terms of Service:
   
   client means a user that has procured the products or services of Kaz Graphic Design;
   
   content means any audio, video, graphic, text, font, logo, trademark, symbol, document, digital file, and any other material or media that can be interpreted as intellectual property;
   
   Kaz Graphic Design is a trade name of the Sole Proprietorship, registered in Canada, that owns and operates the Website;
   
   product(s) means any content created by Kaz Graphic Design for general distribution or in service to a client;
   
   service(s) means the services offered by Kaz Graphic Design, especially, the creation and licensing of intellectual property and production of content;
   
   third-party means a person other than Kaz Graphic Design or the user of the Website;
   
   user means any person that uses the Website or otherwise renders the services of Kaz Graphic Design;
   
   Website means www.kazgraphics.com.
   
   All other words and terminology that appear in these Terms of Service are to be interpreted in their common American-English senses.

Intellectual Property

2. All content published and made available on the Website is the property of Kaz Graphic Design, unless otherwise stated, and cannot be used or retained without express permission. This includes but is not limited to graphics, images, text, logos, documents, downloadable files and any media or material that contributes to the composition of our Website. Any content or trademark that is not the property of Kaz Graphic Design is used with permission or under license and remains the property of its respective owner.

Graphic Design Services

3. All content created by Kaz Graphic Design in service to a client is the exclusive property of its respective client, whereas Kaz Graphic Design is hired as a contractor for the creation and development of such property. If by operation of law Kaz Graphic Design incurs a right or interest in part or all of any content relevant to the creation of a client’s product, Kaz Graphic Design assigns such interest to its respective client without limitation, subject to paragraph 14 (Returns & Refunds) of these Terms of Service. Kaz Graphic Design reserves the right to decline or cancel any service requests for any reason whatsoever.

Third-Party Intellectual Property

4. In the event that any service rendered by a client incorporates typeface (fonts) or imagery that requires a commercial license to reproduce, distribute or display, we shall provide express notice to the client that one or more third-party contents have been incorporated into the product whereas the client must purchase the necessary license(s) for the incorporated third-party content from the respective rights-holder(s). Such notice will include information sufficient for the client to identify which licenses are necessary and who to contact to purchase the necessary license(s). So long as Kaz Graphic Design has provided notice to the client of the incorporation of third-party content as described above, the client assumes all responsibility for any consequences as a result of the client’s failure to purchase one or more licenses for any third-party content incorporated into a product.

Limitation of Liability

5. Except where prohibited by law, by using this Website or procuring any services offered by us you indemnify and hold harmless Kaz Graphic Design and our principals, directors, officers, agents, contractors, members, employees, subsidiaries, and affiliates from any and all actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Website or your violation of these Terms of Service.

Prohibited Activities

6. The user shall not access or use the Website for any purpose other than that for which the Website is made available to the user. Furthermore, the user agrees to refrain from the following:

1. Make any unauthorized use of the Website;

2. Retrieve data or content for the purposes of creating or compiling a database or directory;

3. Circumvent, disable, or otherwise interfere with security-related features on the Website;

4. Engage in unauthorized framing or linking of the Website;

5. Trick, defraud, or mislead Kaz Graphic Design or other users;

6. Interfere with, disrupt, or create an undue burden on the Website or Kaz Graphic Design’s networks or servers;

7. Use the Website in an effort to compete with Kaz Graphic Design;

8. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website;

9. Bypass any measures on the Website designed to prevent or restrict access to the Website or any portion thereof;

10. Harass, annoy, intimidate, slander, defame or threaten any of Kaz Graphic Design’s employees, independent contractors, or agents providing services through the Website;

11. Delete the copyright or other rights notice from any content;

12. Copy or adapt the Website’s software or content;

13. Upload, transmit, or attempt to do so, any virus, trojan horse, or other malicious code or material including anything that interferes with any party’s use of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations, or maintenance of the Website;

14. Upload or transmit, or attempt to do so, any material that acts as a passive or active information collection or transmission mechanism;

15. Disparage, tarnish, or otherwise harm Kaz Graphic Design; and

16. Use the Website in a manner inconsistent with any applicable laws, statutes or regulations.

Changes & Amendments

7. Kaz Graphic Design reserves the right to amend these Terms of Service from time to time so as to maintain compliance with applicable laws and to reflect any changes to the way we operate our Website and the way we expect users to behave when using our Website. It is your responsibility to review these Terms of Service with each use of the Website. Any amendments to these Terms of Service are effective the date they are posted, whereas the user agrees to accept and comply with such changes to continue their use of the Website.

Electronic Communications, Transactions and Signatures

8. By using this Website or services, you hereby consent to receive electronic communications from Kaz Graphic Design and agree that all agreements, notices, disclosures and other communications sent via email or published on the Website satisfy any legal requirement that such communication be in writing. You further agree to the use of electronic signatures, contracts, orders and other records, as well as the electronic delivery of invoices, notices, policies and records of transactions initiated or completed by Kaz Graphic Design. You agree to waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of physical records or to payments or the granting of credits by any means other than electronic.

Billing & Payments

9. You agree to receive invoices for services rendered by email. We use Stripe™ and other third-party services to issue your invoice and collect payment. An invoice issued by us is due immediately upon delivery. Services rendered shall commence upon full payment of an outstanding invoice. Kaz Graphic Design is not obligated to commence or complete a service that has not been settled in full. Kaz Graphic Design reserves the right to cancel an outstanding invoice, issued by us, for any reason whatsoever.

Privacy Policy & Data Collection

10. We collect and store Website user data for statistical, marketing, and regulatory purposes. By using this website, you accept and agree to the terms set out in our Privacy Policy. To request a copy of any data we may have on you, please see below on how to contact us. Kaz Graphic Design shall hold no liability to the user for any loss or corruption of any data collected whereas the user hereby waives any right of action against Kaz Graphic Design from any such loss or corruption.

Applicable Law

11. These Terms of Service are governed by the laws of Canada and the Province of Alberta.

Dispute Resolution

12. In the event that the user or Kaz Graphic Design brings forth a legal claim regarding the Website, products or services offered by Kaz Graphic Design the parties agree that the venue of litigation shall be the Alberta Court of King’s Bench at Calgary, Alberta, Canada, whereas the user waives the right to request forum non conveniens. Kaz Graphic Design reserves the right to restrict , deny or disable the use of, as well as take legal action against any user of this Website for breach of one or more of these Terms of Service.

Force Majeure

13. Kaz Graphic Design shall not be deemed in breach of these Terms of Service if we are unable to complete a service or any portion thereof by reason of force majeure, including but not limited to natural disaster (fire, earthquake, flood, hurricane, or other severe weather, etc.), severe civil dispute or disturbance, internet or telecommunication interruptions, act of war, terrorism, death, illness or incapacity of an executive or employee, or any other event beyond Kaz Graphic Design’s control. Upon occurrence of any force majeure event, if reasonably possible, Kaz Graphic Design shall notify the client of any delay or inability to perform a service and any proposed resolution, if applicable, to such matter.

Returns & Refunds

14. Due to the nature of the products and services offered by Kaz Graphic Design, refunds shall not be issued for any services that have commenced nor for any products distributed. In the event that a refund request is approved, at the sole discretion of Kaz Graphic Design, all rights to any relevant content created by Kaz Graphic Design in service to that client reverts to Kaz Graphic Design, whereas such client is prohibited from the use, copy, distribution or sale of said property without express permission from Kaz Graphic Design.

Miscellaneous

15. These Terms of Service and any policies posted on the Website or regarding the Website constitute the entire agreement and understanding between the user and Kaz Graphic Design. A failure to enforce any right or provision of these Terms of Service is not to be construed as a waiver of such right or provision.

16. If at any time any of the provisions set forth in these Terms of Service are found to be inconsistent or invalid under applicable laws, such provision(s) will be deemed void and shall be removed from these Terms of Service. In such case, all other provisions shall not be affected by such removal and shall continue to remain valid and enforceable.

17. Nothing within these Terms of Service, the Privacy Policy or on the Website shall be construed to constitute the forming of a joint venture, partnership, employment or agency relationship between the user and Kaz Graphic Design.

Contact

18. For any questions or concerns regarding our Website, products or services, please contact Kaz Graphic Design by email: [email protected].