Terms of Use and Service

Welcome to the Kaizink website and services. These Terms of Use and Service ("Terms") govern your access to and use of the Kaizink website, online ordering tools, products, and services.

By accessing our website, submitting an order, creating an account, uploading artwork, or otherwise using our services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use the website or services.

These Terms may be updated from time to time. Any updated Terms will become effective when posted on the website. Your continued use of the website or services after an update constitutes your acceptance of the revised Terms.

1. Services

Kaizink provides custom apparel decoration and related services, which may include:

Screen printing;
Embroidery;
Custom apparel and promotional products;
Artwork preparation and production;
Customization of products offered through the website;
Online ordering and account services;
Digital proofs and artwork approval;
Fulfillment and shipping of completed orders; and
Other products or services made available from time to time.

Product availability, decoration methods, pricing, minimum quantities, production times, and other service details may vary.

2. Eligibility

You must be legally capable of entering into a binding agreement to place an order with Kaizink.

If you are under the age of 18, you may use the website and purchase products or services only with the involvement and permission of a parent or legal guardian who agrees to these Terms on your behalf.

Kaizink does not knowingly accept orders from children under the age of 13.

3. Definitions

For purposes of these Terms:

"Customer," "User," "you," or "your" means the person or entity accessing the website or purchasing products or services from Kaizink.

"Artwork" means any logo, graphic, photograph, illustration, text, design, image, trademark, or other creative material submitted by or on behalf of the Customer.

"Products" means garments, apparel, promotional products, blanks, or other physical products purchased from Kaizink.

"Services" means decoration, customization, artwork preparation, fulfillment, shipping, and other services provided by Kaizink.

"Order" means a request submitted by a Customer to purchase Products and/or Services.

4. Customer Responsibilities

4.1 Accurate Information

You are responsible for providing accurate and complete information when placing an Order, including:

Your name and contact information;
Billing and shipping information;
Product styles, sizes, colors, and quantities;
Artwork and decoration specifications;
Delivery requirements; and
Any other information reasonably necessary to complete your Order.

Kaizink is not responsible for delays, additional costs, or errors resulting from inaccurate, incomplete, or outdated information supplied by the Customer.

4.2 Customer-Supplied Artwork

You represent and warrant that you own, have permission to use, or are otherwise legally authorized to reproduce all Artwork submitted to Kaizink.

By submitting Artwork, you authorize Kaizink to reproduce, modify as reasonably necessary for production, digitize, separate, print, embroider, or otherwise use the Artwork solely for the purpose of providing the requested Services and fulfilling your Order.

You are solely responsible for obtaining all necessary permissions, licenses, and releases relating to Artwork that you submit.

Kaizink is not responsible for determining whether Customer-supplied Artwork infringes the intellectual property, privacy, publicity, trademark, copyright, or other rights of another person or entity.

Kaizink reserves the right to refuse to reproduce any Artwork that it reasonably believes may violate these Terms or applicable law.

4.3 Customer-Approved Artwork

Where Kaizink provides a proof, mockup, or other representation of the proposed finished Product, the Customer is responsible for carefully reviewing the proof before approving production.

Once a proof has been approved, the Customer is responsible for errors that were visible in the approved proof, including errors in:

Spelling;
Names or numbers;
Artwork;
Colors;
Placement;
Sizing;
Garment selection;
Quantities; or
Other production specifications.

Production will generally proceed based on the approved specifications.

5. Artwork and Production Standards

5.1 Screen Printing

Screen printing is a physical production process and may involve minor variations in ink coverage, registration, texture, and appearance.

The appearance of colors may vary depending on the garment color, fabric composition, ink type, lighting, screen settings, and other production factors.

For these reasons, colors displayed on a computer, phone, or other screen may not exactly match the finished printed Product.

5.2 Embroidery

Embroidery is subject to the characteristics and limitations of the embroidery process.

Small details, fine lines, small text, gradients, and other elements may require modification to produce an acceptable embroidered result.

Embroidery may also involve minor variations in thread appearance, stitch density, placement, and registration.

Where necessary, Kaizink may make reasonable technical adjustments to Artwork to ensure that it can be properly embroidered.

5.3 Production Tolerances

Custom decoration is a manufacturing process. Minor variations in placement, size, color, stitching, print coverage, or other production characteristics may occur.

Reasonable production tolerances are not considered defects.

Where an Order contains multiple Products, minor differences between individual Products may occur due to the nature of the manufacturing and decoration processes.

6. Orders and Pricing

6.1 Order Acceptance

Submitting an Order does not necessarily mean that Kaizink has accepted the Order.

Kaizink reserves the right to decline or cancel an Order for any lawful reason, including:

Product availability;
Pricing or listing errors;
Artwork concerns;
Production limitations;
Suspected fraud;
Payment issues;
Customer conduct; or
Other circumstances that prevent Kaizink from reasonably fulfilling the Order.

If an Order is cancelled after payment has been received, Kaizink will generally refund amounts paid for the cancelled portion of the Order, subject to any applicable cancellation or production charges.

6.2 Pricing

Prices are subject to change without notice.

The price applicable to an Order is the price presented to the Customer at the time the Order is submitted and accepted, unless otherwise agreed in writing.

Additional charges may apply for services or circumstances including, but not limited to:

Artwork cleanup or preparation;
Embroidery digitization;
Rush production;
Special packaging;
Special handling;
Changes requested after production has begun;
Additional shipping or delivery requirements.

6.3 Payment

Orders must be paid according to the payment terms presented at the time of purchase or otherwise agreed in writing.

Kaizink may delay production until required payment has been received.

For approved commercial accounts or customers receiving invoiced terms, payment is due according to the agreed invoice terms. Late or unpaid balances may result in suspension of future Orders or Services.

7. Order Changes and Cancellations

Because custom Products are produced specifically for the Customer, Orders may not be cancelled, changed, or refunded after production has begun except at Kaizink's discretion.

Requests to change or cancel an Order must be submitted as soon as possible.

Once artwork preparation, digitization, screen preparation, cutting, printing, embroidery, or other production work has begun, the Customer may be responsible for costs already incurred.

Changes requested after an Order has been approved may result in additional charges and may affect the estimated completion date.

8. Product Availability and Substitutions

Kaizink makes reasonable efforts to maintain accurate product availability information. However, inventory supplied by manufacturers and distributors can change without notice.

If a selected Product becomes unavailable, Kaizink may contact the Customer regarding available alternatives.

No substitution will be made where the substitution would materially change the Order unless the Customer agrees to the substitution.

If an acceptable replacement cannot be found, Kaizink may cancel the affected portion of the Order and refund amounts paid for that portion.

9. Production and Delivery Times

Estimated production and delivery dates are only estimates until Kaizink expressly guarantees a date in writing.

Production times may be affected by:

Product availability;
Artwork approval;
Customer-requested changes;
Payment delays;
Supplier delays;
Equipment failure;
Shipping delays;
Weather;
Carrier delays;
Holidays;
High production volume; or
Other circumstances outside Kaizink's reasonable control.

Customers requiring Products by a specific date should communicate the deadline before placing the Order and should obtain written confirmation that the requested date can be accommodated.

10. Shipping and Delivery

Unless otherwise agreed, shipping and delivery are provided through third-party carriers.

Once an Order has been transferred to the carrier, Kaizink is not responsible for carrier delays, loss, theft, or damage occurring after transfer to the carrier, except to the extent otherwise required by applicable law.

Customers should inspect shipments promptly upon delivery.

If a shipment appears damaged, the Customer should document the damage and contact Kaizink as soon as reasonably possible.

11. Returns, Defects, and Claims

Because custom Products are made specifically for the Customer, custom-decorated Products generally cannot be returned simply because the Customer changes their mind, selects the wrong size, or no longer wants the Products.

If you believe an Order contains a manufacturing defect, decoration defect, incorrect product, incorrect quantity, or other error attributable to Kaizink, you must notify Kaizink promptly after receiving the Order.

Claims should include:

Order information;
A description of the issue; and
Photographs or other documentation reasonably requested by Kaizink.

If Kaizink determines that an Order was incorrectly produced or contains a qualifying defect attributable to Kaizink, Kaizink may, at its discretion and as permitted by applicable law, repair, replace, reproduce, or refund the affected Products or Services.

Minor variations inherent in screen printing, embroidery, garment manufacturing, or normal production tolerances do not constitute defects.

12. Customer-Supplied Garments and Products

If Kaizink agrees to decorate garments or Products supplied by the Customer, the Customer acknowledges that custom decoration carries an inherent risk of damage, misprint, staining, hoop marks, needle marks, scorching, or other damage to the supplied Products.

The Customer is responsible for providing an appropriate quantity and type of Products suitable for the requested decoration.

Kaizink is not responsible for defects, damage, discoloration, shrinkage, fabric irregularities, or other characteristics that existed in Customer-supplied Products before decoration.

13. Intellectual Property

13.1 Customer-Owned Artwork

Except for rights expressly granted under these Terms, the Customer retains ownership of intellectual property rights in original Artwork supplied by the Customer.

The Customer grants Kaizink a limited license to use the Artwork as reasonably necessary to provide the Services, fulfill Orders, communicate with the Customer, and maintain records relating to the Order.

13.2 Kaizink Intellectual Property

All rights in the Kaizink website, branding, logos, photographs, graphics, written content, original artwork, software, designs, processes, and other materials created or owned by Kaizink remain the property of Kaizink or its respective licensors.

You may not reproduce, modify, distribute, sell, or commercially exploit such materials without prior written permission.

13.3 Portfolio and Promotional Use

Unless otherwise agreed in writing, Kaizink may photograph or otherwise display completed Products for portfolio, promotional, advertising, social media, website, and similar business purposes.

Where Customer-owned trademarks, logos, or other proprietary Artwork are included, Kaizink will use such materials only in connection with the promotion or documentation of work performed by Kaizink, unless otherwise agreed.

A Customer may request in writing that a particular Order or project not be used for promotional purposes.

14. Prohibited Uses

You may not use the website or Services to submit, produce, or distribute material that:

Infringes another person's copyright, trademark, patent, trade secret, publicity, privacy, or other rights;
Is unlawful, fraudulent, defamatory, threatening, or harassing;
Contains sexually explicit material where prohibited by applicable law;
Exploits or sexualizes minors;
Promotes unlawful activity;
Contains malicious software or code;
Attempts to interfere with the operation or security of the website;
Impersonates another person or entity;
Uses another person's account without authorization;
Attempts to gain unauthorized access to accounts, systems, or data;
Uses automated systems to improperly access or copy the website;
Places an unreasonable load on the website or related systems; or
Otherwise violates applicable law or these Terms.

Kaizink reserves the right to refuse an Order or suspend or terminate access to the website or Services where Kaizink reasonably believes that a Customer has violated these Terms or applicable law.

15. User Accounts and Security

If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activity conducted through your account.

You agree to:

Provide accurate account information;
Maintain the security of your password;
Notify Kaizink promptly of unauthorized access or suspected account compromise; and
Log out of your account when appropriate.

Kaizink is not responsible for losses resulting from your failure to maintain the security of your account, except to the extent otherwise required by law.

16. Website Availability

Kaizink makes reasonable efforts to maintain the availability of its website and online services but does not guarantee that the website will always be available, uninterrupted, secure, or error-free.

The website may occasionally be unavailable due to maintenance, updates, technical problems, third-party services, internet connectivity, or circumstances beyond Kaizink's reasonable control.

Kaizink may modify, suspend, or discontinue any portion of the website or online Services at any time.

17. Privacy

Kaizink may collect and use personal information in connection with providing Products and Services, processing Orders, communicating with Customers, processing payments, providing customer support, and operating the website.

Personal information will be handled in accordance with Kaizink's Privacy Policy and applicable law.

18. Third-Party Services and Links

The website may contain links to or integrate with third-party websites, payment processors, shipping providers, manufacturers, or other services.

Kaizink is not responsible for the content, availability, policies, security, or practices of third-party websites or services.

Your use of third-party services may be subject to separate terms and privacy policies established by those third parties.

19. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the website and Services are provided on an "as is" and "as available" basis.

Kaizink does not guarantee that:

The website will operate without interruption or error;
The website will meet every Customer's particular requirements;
Product availability information will always be accurate or current;
Colors displayed on electronic devices will exactly match physical Products;
Estimated production or delivery dates will always be met; or
Third-party services, carriers, manufacturers, or suppliers will perform without interruption or error.

Nothing in these Terms excludes any warranty, right, or protection that cannot lawfully be excluded under applicable law.

20. Limitation of Liability

To the maximum extent permitted by applicable law, Kaizink will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost business opportunities, loss of goodwill, or business interruption arising from or related to the use of the website, Products, or Services.

To the maximum extent permitted by applicable law, Kaizink's total liability arising from a particular Order or Service will not exceed the amount actually paid by the Customer to Kaizink for the Products or Services giving rise to the claim.

Nothing in these Terms limits liability that cannot legally be limited or excluded under applicable law.

21. Customer Indemnification

You agree to defend, indemnify, and hold harmless Kaizink, its owners, employees, contractors, agents, and service providers from claims, damages, liabilities, losses, costs, and reasonable attorneys' fees arising from or related to:

Artwork or other content supplied by you;
Your violation of another person's intellectual property, privacy, publicity, or other rights;
Your violation of applicable law;
Your breach of these Terms; or
Your misuse of the website or Services.

22. Termination and Suspension

Kaizink may suspend or terminate your account or access to the website or Services if you violate these Terms, fail to make required payments, engage in fraudulent or unlawful activity, or otherwise misuse the website or Services.

Termination does not eliminate obligations that arose before termination, including payment obligations and obligations relating to intellectual property, indemnification, limitations of liability, and disputes.

You may stop using the website and Services at any time.

23. Force Majeure

Kaizink will not be responsible for delays or failures caused by circumstances beyond its reasonable control, including natural disasters, severe weather, fire, flood, labor disputes, supplier disruptions, transportation interruptions, governmental actions, power outages, internet or telecommunications failures, equipment failures, acts of war, terrorism, epidemics, or other events beyond Kaizink's reasonable control.

24. Changes to These Terms

Kaizink may update these Terms from time to time.

Updated Terms become effective when posted on the website unless otherwise stated.

Your continued use of the website or Services after the effective date of revised Terms constitutes acceptance of the revised Terms.

If you do not agree to revised Terms, you must stop using the website and Services.

25. Severability

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.

26. No Waiver

A failure by Kaizink to enforce any provision of these Terms does not constitute a waiver of its right to enforce that provision in the future.

27. Assignment

You may not transfer or assign your rights or obligations under these Terms without the prior written consent of Kaizink.

Kaizink may transfer or assign these Terms, in whole or in part, in connection with a merger, acquisition, sale of assets, corporate reorganization, or other business transaction.

28. Governing Law and Disputes

These Terms will be governed by the laws of the State of [STATE], without regard to its conflict-of-law principles.

To the extent permitted by applicable law, any dispute arising from or relating to these Terms, an Order, or the Services will be brought in the state or federal courts located in [COUNTY], [STATE], and the parties consent to the jurisdiction of those courts.

Nothing in this section prevents either party from seeking any remedy or protection that cannot legally be waived or restricted.

29. Entire Agreement

These Terms, together with any applicable Order confirmation, quotation, invoice, written agreement, Privacy Policy, and other terms expressly incorporated by reference, constitute the entire agreement between the Customer and Kaizink regarding the use of the website and Services.

If there is a conflict between these Terms and a separate written agreement signed by both parties, the signed written agreement will control to the extent of the conflict.

30. Contact

Questions regarding these Terms, an Order, or the Services may be directed to Kaizink through the contact information provided on the website.