Terms of Service

Clayton Kappaz

Prepress and Production Data Services

Last Updated: January 13, 2025

1. Acceptance of Terms

By requesting, receiving, or using the services provided by Clayton Kappaz (“we”, “our”, “service provider”), you (“client”, “customer”) fully agree to these Terms of Service.

The use of delivered files constitutes automatic acceptance of these terms. If you do not agree, do not use the services or the files provided.

2. Nature of Service

We provide digital services for:

Order and data processing
Production file generation for industrial and UV flatbed printing
Final file preparation based on supplied data

What we DO NOT provide:

Physical printing
Materials, inks, or substrates
Machine operation
Independent validation of content, spelling, dimensions, or colors
Data auditing or artwork review

Our service follows the model: data input → processing → file output.

Files are generated exclusively based on data, artwork, and specifications provided by the client.

3. Client Responsibilities

The client is solely responsible for:

Input data: spreadsheets, CSVs, order lists, personalization fields
Content: artwork, text, logos, codes, images, photos
Technical specifications: dimensions, colors, ICC profiles, jigs, bleeds, margins
Review and approval: validating files before any printing
Production decision: determining when files go into physical production

Any printing performed without prior validation is done entirely at the client’s own risk.

4. File Delivery

Processed files are made available via:

Dropbox, Google Drive, WeTransfer, or similar platforms
Email (for smaller files)
Other platforms previously agreed upon

Important:

Delivery is considered complete when files are made available in the shared link/folder
It is the client’s responsibility to access and download the files
We do not guarantee permanent availability of files on sharing platforms
We recommend immediate download after delivery notification

5. Proofs, Mockups, and Approval

Mockups, digital proofs, previews, and visualizations provided are visual references only.

They DO NOT guarantee:

Color accuracy in physical printing
Precision of cutting, finishing, or registration
Exact alignment on specific substrates
Final scale or proportions on the physical product
Behavior of UV, solvent, or latex inks

Approval process:

By using the files for printing, the client declares that they have reviewed and approved them
If formal approval is desired before production, it must be explicitly requested and written confirmation must be awaited
Absence of client feedback within 48 hours after receiving files will be considered tacit approval of the files for purposes of content, production, and deadlines

6. Error Handling — Correct, Not Compensate

If an error is caused directly by our processing (and not by the data/artwork provided), our sole obligation is:

✓ To correct and resend the affected files at no additional cost

We are NOT responsible for:

Products already printed
Materials, inks, or substrates used
Printing or finishing labor
Production or delivery delays
Commercial losses, lost profits, or indirect damages
End customer complaints

This limitation applies even if the error originated in the processed files.

Error reporting deadline:
Errors must be reported within 72 hours of receiving the files. After this period, the files are considered accepted and approved.

7. Third-Party Platforms

We may use third-party tools for management, communication, and delivery:

Trello, Asana, Monday (project management)
Dropbox, Google Drive, WeTransfer (file sharing)
ShipStation, Order Desk (order data)
Email, WhatsApp (communication)

Important to understand:

These platforms are not part of the contracted service
They are not controlled or operated by us
We have no control over the availability, speed, or integrity of these platforms
We only process data and files that we effectively receive and can access

Messages, comments, and conversations on platforms do not replace:

Final production files
CSVs or data spreadsheets
Briefs or formal technical specifications

8. Payment, Taxes, and Invoicing

Values and billing:

Amounts due will be charged according to the invoice issued by the service provider, in the currency indicated therein
Payment may be made by international bank transfer (IBAN/SWIFT), PayPal, or other previously agreed method

Fees and charges:

All bank fees, charges, currency conversion costs, and payment fees are the sole responsibility of the client
The invoice amount must be paid in full, without deductions

Taxes and duties:

The client is responsible for any taxes, withholdings, VAT, GST, sales tax, or duties required in their country of origin
Such amounts may not be deducted from amounts due to the service provider
The service provider will be responsible only for taxes required by Brazilian law on amounts received

Default:

Payment delays may result in service suspension
Jobs in progress may be withheld until regularization
Overdue amounts are subject to interest and adjustment according to Brazilian law

9. Delivery Deadlines

Deadlines are estimated based on:

Order volume
Data complexity
Availability of complete artwork and specifications

Stated deadlines are estimates, not guarantees.

Deadlines begin only after receipt of:

All necessary data
Finalized and approved artwork
Complete technical specifications
Payment confirmation (when applicable)

Delays caused by incomplete data, pending artwork, or changed specifications are not our responsibility.

10. Copyright, Trademarks, and Content

The client declares and warrants that they:

Possess all rights, licenses, and authorizations for any artwork, trademark, character, logo, image, text, or content submitted
Have authorization for commercial use of all provided elements
Are not violating third-party rights

The client is solely responsible for:

Copyright violations
Improper use of registered trademarks
Third-party intellectual property infringements
Legal claims related to content

11. Intellectual Property of the System

The final files delivered belong to the client and may be used freely.

However, the client DOES NOT acquire rights to:

Workflows and automations
Batching structures and organization
Production layouts and templates
Table Maps and data structures
Scripts, code, or operational methods
Proprietary know-how and processes

It is expressly prohibited to:

Use our methods to develop similar services
Train third parties using our processes
Outsource or resell services based on our workflows
Reverse engineer our systems

12. Confidentiality

Data, artwork, client information, and production specifications are treated as confidential and used exclusively for execution of the contracted service.

We do not share, sell, or disclose client information to third parties, except when necessary for service execution (e.g., sending via sharing platform).

13. Data Retention and Deletion

Working files:

We maintain copies of processed files for up to 90 days after delivery
After this period, files may be deleted without prior notice
Client must make their own backup of received files

Personal data:

Contact data and commercial information are maintained while there is an active business relationship
Client may request deletion of personal data at any time

Deletion request:

Must be made in writing (email)
Will be processed within 30 days
Does not affect data necessary for legal or tax obligations

14. Limitation of Liability

Our total liability, under any circumstances, shall not exceed the amount actually paid by the client for the specific job that originated the problem.

In cases of monthly or recurring services, the limit will be the monthly fee for the month in question.

We are not responsible for:

Lost profits or loss of revenue
End customer complaints
Production or printing failures
Indirect, incidental, or consequential damages
Data loss caused by third-party platforms
Delays caused by external factors

This limitation applies even in cases of:

Negligence, except in case of proven willful misconduct
Processing error
Delivery delay

15. Indemnification

The client agrees to indemnify, defend, and hold harmless Clayton Kappaz from any claim, loss, damage, cost, or expense (including attorney fees) arising from:

Data, artwork, or content provided by the client
Violation of third-party rights
Complaints from the client’s end customers
Improper use of provided files
Violation of these Terms of Service

16. Termination and Cancellation

Either party may terminate the business relationship at any time, upon written notice.

In case of termination:

Pending payment amounts remain due
Files already delivered remain the property of the client
Jobs in progress will be completed or cancelled as agreed
Refund of amounts already paid only if service has not been started

Jobs in progress:

Jobs not completed at the time of termination will be charged proportionally to the work performed
Client may request delivery of partial work completed

17. Applicable Law and Jurisdiction

These Terms of Service are governed by the laws of the Federative Republic of Brazil.

The jurisdiction of São Paulo – SP is elected to resolve any disputes arising from these terms, with express waiver of any other, however privileged it may be.

18. Entire Agreement

This document constitutes the complete agreement between the parties and supersedes all prior understandings, agreements, representations, and negotiations, whether oral or written.

Any modification of these terms must be made in writing and agreed upon by both parties.

19. Severability

If any provision of these terms is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.

20. Contact

Clayton Kappaz
Email: clayton@ecommerceprintprep.com
Website: ecommerceprintprep.com

For questions, clarifications, or requests related to these Terms of Service, please contact us through the channels above.

By using our services, you confirm that you have read, understood, and agree to these Terms of Service.