TERMS & CONDITIONS OF SERVICE
Effective Date: September 2022
Website: http://kmxlaser.ca
Welcome to KMxLaser. By placing an order with us, engaging our services, or using our website, you acknowledge that you have read, understood, and agreed to be bound by the following Terms and Conditions.
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1. Services
KMxLaser provides custom laser cutting, laser engraving, and design services in accordance with the specifications submitted by the customer through email, order forms, or other written communications. All services are performed to the best of KMxLaser’s professional ability, subject to the limitations and terms set forth herein.
2. Quotes and Orders
All quotes issued by KMxLaser are valid for a period of thirty (30) days from the date of issuance. Once this period has expired, a new quote may be required, which may be subject to revised pricing and adjusted timelines. An order shall be deemed accepted only upon receipt of written confirmation from the customer and full payment of the invoice issued by KMxLaser. All custom orders are final and, once production has commenced, may not be altered, modified, or cancelled under any circumstances.
3. Payment Terms
Full payment is required before any design or production work begins. Accepted payment methods include cash, etransfer, credit card, and PayPal. Payments made by credit card or PayPal are subject to a three percent (3%) processing fee. All pricing is stated in Canadian dollars (CAD) and is subject to all applicable taxes.
4. Production and Turnaround
Turnaround times vary depending on the complexity of each project. Standard seasonal turnaround times are communicated on our website through a rolling banner, and a more precise timeline will be provided once all required project details have been received. Rush orders may be accepted at our discretion and are subject to an additional fee of twenty-five to fifty percent (25%–50%), not including weekends or statutory holidays. KMxLaser will not be held liable for delays caused by third-party suppliers, shipping carriers, or unforeseen events beyond our reasonable control.
5. Shipping and Delivery
Customers are solely responsible for providing complete and accurate shipping and delivery information at the time of order. Once an order has been transferred to the courier, it is deemed fulfilled by KMxLaser and cannot be cancelled. Any requests for rerouting, redelivery, or modifications must be made directly with the courier by the customer. Shipping fees are calculated at checkout or otherwise agreed to in writing prior to dispatch. KMxLaser shall not be held liable for any loss, damage, delay, or failure of delivery that occurs while an order is in transit. Customers who wish to insure their shipment against such risks may purchase shipping insurance at an additional cost, which must be arranged prior to shipment.
6. Artwork and Designs
Customers represent and warrant that they have secured all necessary rights, licenses, and permissions for any artwork, logos, or designs submitted to KMxLaser for production. By submitting such materials, customers affirm that their use does not infringe upon the intellectual property rights of any third party. KMxLaser reserves the right, in its sole discretion, to refuse any project that may infringe upon intellectual property rights or that contains content deemed unlawful, offensive, or otherwise inappropriate. Unless expressly agreed otherwise in writing, and unless a copyright transfer fee has been paid in full, all original artwork, designs, and creative works developed by KMxLaser remain the sole and exclusive property of KMxLaser. KMxLaser retains the right to reproduce, reuse, and publicly display completed works, including for the purposes of portfolio presentation, marketing, and promotional activities.
7. Returns and Refunds
All sales are final. Due to the personalized and custom nature of KMxLaser’s products, returns, exchanges, or refunds are not permitted once an order has entered production. If a product is defective due to an error on the part of KMxLaser, the customer must notify KMxLaser in writing within forty eight (48) hours of delivery, providing photographic evidence of the defect. Upon verification, KMxLaser may, at its sole discretion, repair, replace, or issue a partial or full refund for the defective product. Claims submitted after the stated period will not be considered.
8. Intellectual Property
All designs, concepts, artwork, digital files, and related materials created by KMxLaser remain the sole and exclusive property of KMxLaser unless otherwise agreed to in writing. Customers are granted a limited, non-transferable license to use the final product for its intended personal or business purpose. Customers may not reproduce, distribute, modify, or use any KMxLaser designs, files, or branding for commercial purposes without prior written consent. KMxLaser reserves the right to display and promote completed works, including photographs, digital images, or samples, for marketing, portfolio, and promotional purposes unless expressly prohibited in writing by the customer prior to order placement.
9. Limitation of Liability
To the fullest extent permitted by law, KMxLaser shall not be liable for any indirect, incidental, special, or consequential damages arising from the use of its products or services. In no event shall KMxLaser’s total liability exceed the amount paid by the customer for the specific order in dispute. Customers assume full responsibility for the suitability of the products for their intended use, and KMxLaser makes no guarantees or warranties, whether express or implied, beyond those expressly stated in writing.
10. Governing Law
These Terms & Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario and the applicable laws of Canada. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in Ontario. By placing an order with KMxLaser, customers agree to submit to the jurisdiction of these courts and waive any objections to such venue.
11. Amendments and Updates
KMxLaser reserves the right to amend, update, or revise these Terms & Conditions at any time without prior notice. Any changes will take effect immediately upon being posted on the KMxLaser website, and it is the customer’s responsibility to review the Terms and Conditions periodically for updates. Continued use of KMxLaser’s services or placement of new orders after any amendments constitutes acceptance of the revised Terms & Conditions.
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Privacy and Data Protection
KMxLaser respects your privacy and is committed to protecting your personal information. Any personal details provided to us, including but not limited to names, addresses, contact information, artwork files, and payment details, will be collected, stored, and used solely for the purpose of fulfilling your order, processing payments, and providing customer support. We do not sell, rent, or share customer information with third parties, except as necessary to complete payment processing, shipping, or as required by law.
When paying by credit card, PayPal, or other electronic methods, your information is securely processed through trusted third-party payment processors. KMxLaser does not store full credit card details on its systems. By using our services, you consent to the collection and use of your information as outlined in this Privacy and Data Protection clause.