The following Terms and Conditions of Design and/or Print Services ("Service") apply to all products and services provided by Print Media Temple Sdn. Bhd. ("Print Media Temple") or ("PMT") provides to PMT's customers ("Customer") and Customer's customers or vendors worldwide. This Agreement is made between Customer and PMT whenever the Services is requested or subscribed. Agreement will be maintained independently of any other agreement between Customer and PMT may have, regardless of any service agreements or arrangements.
Quotation and Services Acceptance
PMT quotation has 60 days validity from the date stated on the quotation. Customer may send PMT an official Purchase Order or an email acknowledging the acceptance of the Service.
Once PMT receives the official Purchase Order or an email acknowledging the acceptance of the Service, a non-refundable deposit of 50% of the quoted fee will become immediately due and invoice will be emailed to Customer immediately. Customer agrees to process and make payment accordingly upon receipt of invoice. Outstanding balances are due immediately before the Service (such as finalised approved artwork delivery to Customer) and/or before the printing production work starts. Customer agrees to process and make payment accordingly upon receipt of invoice.
a. PMT accepts several payment methods including Credit Card, bank transfer, online bank payment, and credit invoices under certain circumstances. When choosing a payment method, customer agree that:
Customer have the relevant authority to use the payment method;
- Have sufficient funds or credit facilities in place, and;
- PMT will provide with further instructions or terms that customer must follow and agree to before using the chosen payment method.
b. PMT reserves the right to request and obtain validation of customer’s payment method before processing the payment. If the transaction is rejected, the associated order may be cancelled.
c. For Malaysian Customer : Payment by Online Bank Transfer, Cash, Cheque or Pre-pay.
For International Customer (Outside Malaysia) : Payment by credit card.
d. The order will only be processed upon the payment is clear. Customer must email the transaction receipt as proof of payment to PMT via email@example.com
e. Prices on the Website are stated in Malaysian Ringgit and are inclusive of whenever it applies. Customer are responsible for any other applicable taxes or custom duties that may be incurred.
Promotion, Discount, or Wrongly Displayed Prices
PMT reserves the right to cancel or reject coupons or promotional prices at any time without providing any reason. In the event of a genuine error, PMT reserves the right to cancel orders placed with incorrect prices (for example if there is a typographical or technical error resulting in incorrect prices being displayed on the Website or elsewhere).
Delivery Terms & Conditions
1. Delivery Address
a. The order will be delivered to the provided shipping address as soon as it is ready.
b. Shipping address must be provided when submitting enquiry.
c. Customer may only change the shipping address in special cases and in consultation with PMT, depending on the state of production.
d. PMT will ensure that the order is delivered to the provided address. If the provided address is incorrect or out of date, PMT is not responsible for any costs incurred in delivering the order.
e. Some delivery services may call before delivery, and only deliver if details can be confirmed. Please provide a number that is monitored outside of business hours to ensure timely delivery. Failure to do so could result in delays.
2. Delivery Method
a. PMT reserves the right to decide which method of transport and service provider to use along with the appropriate delivery service.
b. PMT will decide if the order is to be shipped in one package or separate instalments. In the unlikely event that an instalment is delayed, customer agree that this is not grounds to return any other instalment.
3. Delivery Fee
a. Charges on delivery is based on destination, size & weight.
b. Delivery fee includes packaging and delivery charges but excludes shipping insurance. Any changes requested by customer after the order confirmation may incur additional costs (such as for proof prints).
4. Lead Time Not Substantial to Contract
PMT will do its best to ensure delivery within the promised delivery window. However, PMT will not be liable for any loss or expenses arising from any delay.
5. Acceptance & Proof of Delivery
a. Customer must agree to inspect the received products and services on delivery confirming that they are free from any apparent defects or damage.
b. If notice that the products and services defeated, customer must specifically note the damages and send a signed version immediately to PMT within 7 days of delivery.
c. PMT will not consider any complaints about defeated or damaged goods after 7 days have passed after delivery.
d. Customer agree to not refuse delivery based on a short or delayed delivery of an instalment.
6. Recalculation of Delivery Date
a. Some factors outside of PMT’s control may delay shipping date. It is possible to prevent most of these issues by being responsive to queries by PMT or the delivery company. Therefore, PMT will provide updated delivery reminders and changes to customer via email or SMS.
b. Common actions that lead to a delay in receiving goods:
- Late submission of documents relating to your payment method (e.g. confirmation of bank transfer);
- Re-submitting artwork after the artwork deadline has expired;
- Submitting artwork which is faulty and needs to be corrected;
- Late approval or non-approval of proof prints or online proofs;
- False, inaccurate, out of date, or incomplete delivery address or other required information.
c. PMT will not be held accountable for any costs relating to these above-mentioned actions.
Source / Design Artwork
Service delivery does not cover the release of copyright artwork / design file(s) or data, including but not limited to ".ai", ".psd", ".eps". Artwork for printing purposes will be released upon the signing off of the Service. Artwork for printing purposes has all its layers flatten or merged. Should Customer require the Source Artwork File(s), please kindly raise enquiries via firstname.lastname@example.org
PMT Customer Service will prepare a quotation for the purchase of Source Artwork File(s). The fonts associated with the artworks are licensed fonts. Therefore, Customer agrees to obtain or purchase the fonts from respective owners directly.
PMT checks most of the artwork files before delivery to Customer or sending for printing, however, Customer agrees to bear full responsibility for the accuracy of the artwork / design files. PMT encourages the Customer to proofread all files carefully before signing off the artwork / design files for delivery or printing purposes.
Trademarks and Copyrights
Material supplied by Customers include, but are not limited to text, images, artworks, creative, videos, audio in any file types, forms or medium. By supplying PMT the material, Customer acknowledges that they hold the appropriate copyrights and/or trademarks and/or Customer has legal rights and/or permission to utilise such material in this context. Customer also grants PMT permission to use this material freely in pursuit of the Service. Customer agrees to fully indemnify and hold PMT free from any or all claims resulting from copyright or trademark infringement issues on the material supplied.
Designs, concepts and the material PMT produces excluding the material supply by Customer will remain the property of PMT and/or its suppliers.
Design Alterations and Amendments
Customer acknowledges that there will be 3 rounds of free amendments available for each artwork bound to the Service. Customer agrees that changes required over and above estimated work or required to be carried out after the acceptance of the draft design/artwork will incur separate charges.
PMT Print Services
PMT stands behind the quality of our products and services. If a Customer is not satisfied with our Service, please contact Customer Service by phone at +60 3 7931 6866 within 14 days from the date you receive it or the date it was scheduled to arrive.
PMT is committed to Customer satisfaction. We do everything possible to delivery highest quality Service. However, there are certain circumstances that are beyond PMT control. Please note that PMT cannot be responsible for:
· Spelling, punctuation, or grammatical errors made by the Customer.
· Inferior quality or low-resolution of images provided by Customer.
· Design errors or colour selection errors introduced by Customer in the artwork file creation process.
· Errors in user-selected options such as product type, size, finishing options, or quantity.
· Incorrect file dimensions, image orientation, or file submission in accordance with PMT specifications.
· Damage to the products arising after delivery to Customer.
· Incorrect file layout for folding, scoring, hole drilling, die cutting or other custom services.
· " Incorrect shipping address, undeliverable packages after 3rd delivery attempt, or other errors accidentally made by Customer.
Once the artwork and print job has been approved by Customer and sent to Printing Production via the Website, email or verbal instruction, no changes are allowed to the artwork files.
Rights of Refusal
PMT, reserves the right at its sole discretion to refuse or terminate within 30 days from receipt of Customer payment for Service. PMT agrees to refund applicable fee to Customer. In such event, Customer agrees that PMT shall not be liable for any damage, loss or liability of whatsoever nature arising from PMT refusal to provide Service to Customer.
Service Modification & Termination
Customer may request for the Service modification (such as add-ons, amendments or customisation of Services) or Service Termination. However, there are guidelines and procedures for such transactions and requests. In order to ensure safe and smooth transactions, Customer agrees to the Service modification and termination procedures stated below.
· Service Modification Request
Customer may contact the PMT representative serving their account via registered email address or account identification. Service Modification Request is considered as Design Alterations and Amendments.
· Services Termination
Customer may contact PMT customer service by phone (Monday - Friday, 9:00 am - 6:00 pm). To ensure that cancellations are legitimate, Customer will post PMT an Official Termination Notice latest within 14 days upon telephone cancellation. The Official Termination Notice must be signed and acknowledged by Customer. Customer will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of fees due must be paid within 30 days.
Disclaimer of Warranties
CUSTOMER AGREES THAT PMT'S SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. PMT SPECIFICALLY AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM PMT THROUGH OUR SERVICES CREATE ANY WARRANTY, UNLESS OTHERWISE SPECIFICALLY AND EXPRESSLY STATED HEREIN. IN NO EVENT SHALL PMT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF THE ADVICE IS PROVIDED BY CUSTOMER, WHETHER ORAL OR WRITTEN, OF THE POSSIBILITY OF THE POTENTIAL LOSSES OR DAMAGES. IN ANY EVENT OF SERVICE INTERRUPTIONS FOR ANY REASON, PMT SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE SERVICES FEES PAID BY CUSTOMERS TO PMT.
Customer agrees to release, defend, indemnify and holds PMT harmless, its owners, partners, directors, officers, employees, agents, licensors, vendors or suppliers and any third party, individual or entity that provide direct or indirect of any services to PMT from and against any and/or all claims, obligations, losses, liabilities, cost, expenses including reasonable attorneys' fees and expenses, relating to or arising from or due to
· Any intellectual property or other proprietary right of any person or entity.
· A violation of any of our operating rules or policies relating to the Service.
· Any material or information submitted to PMT for the Service and publication, including but not limited to, any misrepresentation in your application (if applicable).
· Third party, including customers of Customer in liability claims for products or services sold by Customer to Customer's customers and any other transactions between Customer and third party. Any ideas, material or information submitted by Customer for publications.
PMT shall not be liable to Customer or any other person or entity for any failure of performance under this policy or agreement if such failure is due to causes including, but not limited to any kind of strikes, terrorism activities, vandalism, fires, acts of God, third party provider outages, power crisis shortages, or other causes beyond PMT's control, as defined by the industry standard practices, or other similar occurrences; any law, regulation, direction, action or request of the Malaysian Government or court orders or of any government (including states or local governmental departments, agencies, commission, corporation or any one or more of said governments).
Liability of Customer
Customer agrees that in any event of mistakes, omissions, errors or defects in transmission or handling which caused either directly or indirectly due to Customer omission or by the use of software or hardware provided by Customer which are integrated to PMT's facilities, shall not impose any liability upon PMT. Customer agrees to pay PMT any reasonable costs, expenses, damages fees or penalties incurred by PMT as a result thereof.
PMT and Customer have a common understanding of the importance of keeping the provisions (including proposals and quotations) from the public, competitors or any other third party that may gain benefit from such knowledge unless required by law to divulge such information to regulatory authorities or unless required in connection with enforcing that party's rights hereunder.
Should Service provided by PMT to Customer be taxed by any governmental entity of any country, with taxing authority, Customer agrees that PMT may pass the direct amount of such tax on to Customer. Customer shall ensure the timely payments are made accordingly.
Any party failure to insist on compliance or enforcement of any provision of this agreement shall not be construed as waiver of any provision or right in future and affect its validity or enforceability.
Representation & Warranties
Customer warrant, represent, and covenant to PMT that:
· Customers are at least eighteen (18) years of age or are a duly organised and validly existing entity.
· Customer possesses the legal right and ability to enter into this Agreement.
· Customer will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines.
· Customer will be financially responsible for the use of Customer account.
· Customer has verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, Customer content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted.
· Customer content and/or any software that Customer install or provide does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.
Customer agrees, during the period of this Agreement and/or policies, that PMT, in our sole discretion, may:
· Revise the terms and conditions of this Agreement and/or policies.
· Change the Service provided under this Agreement and/or policies.
Any such revision or change will be binding and effective when the revised Agreement and/or policies or change to the Service is posted on PMT website ("www.printmediatemple.com "), or immediately on notification to Customer by e-mail or postal mail. Customer agrees to review PMT website, including the Agreement and/or policies, periodically to be aware of any such revisions. Customer agrees that, by continuing to use PMT Service or Customer continued use of Service shall constitute Customer acceptance of this Agreement with the new modifications.
Any notices in regard to this Agreement may be sent by email via email@example.com or by mailed by registered mails to:
PRINT MEDIA TEMPLE SDN BHD
16B 3rd Floor Jalan 14/20 Section 14,
46100 Petaling Jaya Selangor DE Malaysia.