Mojoprint — printing & design services
Terms & Conditions
- Price variation – Estimates are based on the current costs of production and, unless otherwise agreed, are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs.
- Tax – The sales tax of 5% is included in the printing price, yet will be added separately to any design or artworking expenses incurred as part of the customer's order.
- Preliminary work – All work carried out, whether experimentally or otherwise, at the customer's request shall be charged.
- Proofs – Proofs of all work may be submitted for the customer's approval, either digitally by email or as hard-copy print-outs and Mojoprint shall incur no liability for any errors not corrected by the customer in proofs so submitted, even whereby Mojoprint has created the data at the customer's request. No claims can be accepted after the job has gone to press (see Claims and returns below). Customer's alterations and additional proofs necessitated thereby shall be charged extra.
- Copyright – Unless negotiated and agreed in writing, the copyright of General Artwork, Commissioned Artwork and Illustrations belong to Mojoprint. Mojoprint may use any artwork or printing produced by itself for the purposes of promoting itself. The customer shall be responsible for obtaining all necessary authority to reproduce pictures, artwork, photographs, etc. The customer will indemnify Mojoprint and his agents from any claim arising thereof.
- Artwork release – Working design files or print-ready artwork files as commissioned by the customer remain the copyright and property of Mojoprint. For an additional release fee however, calculated at 50% of the original design fee, said artwork may be released upon request.
- Delivery and payment – Deliveries are carried out by a third party carrier, Sagawa Kyubin unless customer specifies collection or free local delivery (refer to the document Delivery and Payments for further details). The delivery charge shall be added to the order and is calculated based on the number and size of packages required to fulfill the order. A cash-on-delivery surcharge is included in the delivery price but customers wishing to pay by Credit/debit card will be subject to an additional 5% service charge. Mojoprint accepts payments for its services through the convenient Sagawa Kyubin e-Collect cash-on-delivery service payable by cash or credit/debit card and also through bank transfer. Bank transfers must be verified before delivery can take place.
- Claims and returns – In the event that the customer be unsatisfied with their order or believe to have received the wrong order, Mojoprint will reprint said order free of charge providing the claim is proven to be the result of our printing mistake or error. Should the order fail to print as a result of poorly prepared data however, we cannot be held responsible and any reprinting must be borne in full by the customer. Any claims must be made in writing within one week of receipt of your order and the entire delivery returned to us for inspection.
We regret that claims cannot be accepted under the following circumstances:
- More than one week has passed since receipt of goods
- A factual error, typo or other design flaw is discovered in the printed matter, regardless if Mojoprint created the data (see Proofs above)
- The returned order is incomplete or has been partly used/distributed
- If the order appears to have minor printing defects deemed unavoidable and/or non-critical (see full color printing below), is soiled or shows other signs of usage
- The order was damaged in transit
- Variations in quantity – Every endeavour 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 not material to the contract. In order to maintain low prices by avoiding frivolous claims, no claim will be accepted in lieu of said immaterial shortage.
- Liability – Mojoprint shall not be liable for any loss to the customer arising from delay in transit not caused by Mojoprint.
- Insolvency – If the customer ceases to pay his debts in the ordinary course of business or cannot pay his debts as they become due or being a company is deemed to be unable to pay its debts or has a winding–up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him, Mojoprint 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 him, and (ii) in respect of all unpaid debts due from the customer have a general lien on all goods and property in his 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 he thinks fit and to apply the proceeds towards such debts.
- Illegal matter – (a) Mojoprint shall not be required to print any matter which in their opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights or any third party. (b) Mojoprint shall be indemnified by the customer in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design of or any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.
- Periodical publications – 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. Nevertheless Mojoprint may terminate any such contract forthwith should any sum due thereunder remain unpaid.
- Full color printing – Every effort will be made to obtain the best possible color reproduction of client data but because of the nature of the processes involved, Mojoprint shall not be required to guarantee an exact match in color or texture between the customer’s photograph, transparency, proof or electronic graphic file and the printed article. Micro pin-holes and other minor defects may also occur from time to time and a judgement as to whether the defect is considered critical or not shall be made by Mojoprint in the event of any claim resulting from it.
- Force majeure – Mojoprint shall be under no liability if he shall be unable to carry out any provision of the contract for any reason beyond their control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the customer may by written notice to Mojoprint elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
- Law – These conditions and all other express terms of the contract shall be governed and construed in accordance with Japanese Law.
- Consequential loss – Mojoprint accepts no liability whatsoever for consequential or third party losses, resulting in a delay in delivery howsoever caused.