Terms & Conditions

INTRODUCTION
1. Application of these Terms and Conditions

These Terms and Conditions are incorporated into any contract between Kwik Kopy Australia Pty Limited ACN 002 218 822 (Kwik Kopy) and/or any companies, affiliates, licensors, and licensees/franchisees (the Kwik Kopy Entities) and you (the Customer) for the supply of Goods and/or services by Kwik Kopy and/or the Kwik Kopy Entities to the Customer. By submitting an Order or otherwise making a purchase via this Website, the Customer acknowledges and accepts these Terms and Conditions.

Interpretation

In these Terms and Conditions:

“Additional Work” includes all work undertaken by Kwik Kopy or the Kwik Kopy Entities as a consequence of the Customer’s variation, alteration or modification of its instructions in relation to the Order;
“Business Day” means a day on which banks are open for general banking business in the State or Territory in which Kwik Kopy or the Kwik Kopy Entities ’s premises are located;
“Estimate” means the estimate referred to in sub-clause 2.2(b)(as amended in accordance with clause 2.4);
“Freight Costs and Charge” includes all costs and expenses incurred by Kwik Kopy or the Kwik Kopy Entities in removing the Goods from its premises, whether by way of actual or attempted delivery to the Customer or otherwise
“Goods” means all goods produced by Kwik Kopy or the Kwik Kopy Entities under an Order;
“GST” means Goods and Services Tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth);
“Interest Rate” means a rate 2% higher than the Cash Target Rate as fixed by the Reserve Bank of Australia;
“Order” means the printing, design or installation work required to be done in order to fulfil the Customer’s instructions or a request to purchase Products and Services;
“Preliminary Work” means any and all work performed by Kwik Kopy or the Kwik Kopy Entities at the Customer’s express or implied request, the performance of which work was necessary to enable the Order to be commenced and which work was not within the reasonable contemplation of Kwik Kopy or the Kwik Kopy Entities at the time when Kwik Kopy or the Kwik Kopy Entities supplied the Estimate;
“Printer’s Charge” refers in each case to the standard or usual fee charged by Kwik Kopy or the Kwik Kopy Entities from time to time in respect of the Order;
“Products” means any article or substance that is manufactured or refined for sale on the Website.
“Service” means any activity provided by Kwik Kopy or the Kwik Kopy Entities to customers or users. Including but not limited to goods, digital products, software, subscriptions, memberships, access to platforms or websites, support, maintenance, repairs, consultations, and any other assistance or benefit provided by Kwik Kopy and/or the Kwik Kopy Entities.
“Website” means https://www.kwikkopy.com.au/.
“Quote” means the quote described in clause 2.1.

General

In these Terms and Conditions, unless the context otherwise requires:

the singular includes the plural and vice versa;
a reference to a clause is a reference to a clause of these Terms and Conditions;
a reference to a party to these Terms and Conditions or any other document or arrangement includes that party’s executors, administrators, successors and permitted assigns;
where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;
a reference to a period of time (including, without limitation, a year, a quarter, a month and a day) is to a calendar period.

Headings

In these Terms and Conditions, headings are for convenient reference only and do not affect interpretation.

Business Day

If the day on which any act, matter or thing is to be done under this agreement is not a Business Day, that act, matter or thing:

if it involves a payment other than a payment which is due on demand, must be done on the preceding Business Day; and
in all other cases, may be done on the next Business Day.

QUOTES FOR PRINTING JOBS
1. Kwik Kopy or the Kwik Kopy Entities to supply quote

Kwik Kopy or the Kwik Kopy Entities may if, requested by the Customer, give the Customer a quote specifying:

the work required to be done in order to fulfil the Customer’s instructions; and
an estimate of Kwik Kopy or the Kwik Kopy Entities ’s charge for the performance of such work,
(Quote).

Acceptance by Customer

Where Kwik Kopy or the Kwik Kopy Entities has given the Customer a Quote:

Kwik Kopy or the Kwik Kopy Entities need not commence work until the Quote has been accepted by the Customer.
The Customer may accept the Quote by instructing (orally or in writing) Kwik Kopy or the Kwik Kopy Entities to commence work.
Acceptance by the Customer of the Quote, whether express or implied, will constitute acceptance by the Customer of these Terms and Conditions.

Quote evidence of instructions

If the Quote is accepted by the Customer, the subject of the Quote (the work) shall be carried out and the Customer shall pay for the work in accordance with the Quote and these Terms and Conditions.

Kwik Kopy or Kwik Kopy Entities may revise Estimate

Kwik Kopy or the Kwik Kopy Entities may amend the Estimate before the Order has been completed to take into account any rise or fall in the cost of performing the Order and Kwik Kopy or the Kwik Kopy Entities shall notify the Customer of such amendment as soon as practicable thereafter. Upon Kwik Kopy or the Kwik Kopy Entities giving the Customer notification of such amendment such amended estimate shall be deemed to be the Estimate for the purposes of these Terms and Conditions.

Kwik Kopy or Kwik Kopy Entities may refuse Order
1. Subject to law, Kwik Kopy or Kwik Kopy Entities reserve the right to accept or refuse an Order. If payment for an Order has already been made by the Customer and Kwik Kopy or the Kwik Kopy Entities elects to refuse the Order, Kwik Kopy or the Kwik Kopy Entities will refund the Order in its entirety.
2. Kwik Kopy or Kwik Kopy Entities may also refuse an Order if Kwik Kopy or the Kwik Kopy Entities deem the subject content of an Order to be inappropriate, offensive, rude, abusive in nature (including but not limited to containing racist, pornographic, illegal or discriminative material).

CHARGES
1. Invoice

Subject to clause 7.3, when the Order has been completed, Kwik Kopy or the Kwik Kopy Entities will issue an invoice to the Customer for the amount of the Estimate or, if no Estimate was made, for an amount representing Kwik Kopy or the Kwik Kopy Entities’ Charge for the work done in filling the Order, and for any of the other charges specified in clause 3.2.

Additional Charges

In addition to the amount of the Estimate, or where no Estimate was given, in addition to the amount representing Kwik Kopy or the Kwik Kopy Entities’ Charge for the work done, Kwik Kopy or the Kwik Kopy Entities may charge to the Customer:

fees for any preliminary work performed at the Customer’s request;
fees for additional work required to be done as a result of the Customer changing his, her or its instructions;
fees for having to work from poor copy;
fees for work which involves tables or foreign language and which was not notified to Kwik Kopy or the Kwik Kopy Entities before the Quote was prepared;
fees for additional work required to be done as a result of author’s corrections, including repagination or reformatting;
fees and other charges for work required to be done urgently, including any overtime costs;
fees for handling or storing material or equipment supplied by the Customer for the purposes of the Order;
fees for changing or correcting, in order to ensure that the Goods are properly produced, any dyes, knives , artwork or any document including computer files supplied for the purposes of the Order by the Customer;
freight costs and charges;
other charges, fees or disbursements referred to in these Terms and Conditions and not specified in this clause.

DELIVERY
Notification

If the Customer has elected to collect the Goods from Kwik Kopy’s or the Kwik Kopy Entities’ premises, Kwik Kopy or the Kwik Kopy Entities shall notify the Customer when the Goods are ready for collection.

Collection

If the Customer has elected to collect the Goods from Kwik Kopy’s or the Kwik Kopy Entities’ premises, the Customer must collect the Goods from Kwik Kopy or the Kwik Kopy Entities’ premises upon being notified by Kwik Kopy or the Kwik Kopy Entities that the Goods are ready for collection during ordinary business hours.

Shipping

1. Kwik Kopy or the Kwik Kopy Entities will use its best endeavours to deliver the correct quantity ordered, however the Customer acknowledges that quantities are considered estimates only and a condition upon a margin of a five percent (5%) being allowed for overs or shortages, which shall be charged or deducted as appropriate.
2. Custom printed Goods have various shipping times based on the type of Good and the value of the Order which will be communicated to the Customer after Kwik Kopy or the Kwik Kopy Entities have received sign off of your artwork.
3. In most circumstances, production begins the first working day after the Customer has submitted the Order. Please note that there is a cut off time of 12for approving artwork to allow for production to commence the following day. The cut off time will vary depending on whether Kwik Kopy or a Kwik Kopy Entity fulfils the Order. Kwik Kopy or the Kwik Kopy Entity will advise the relevant cut off time prior to the Customer submitting the Order. All risk of loss or damage to the Goods passes to the Customer when the Goods are despatched. However, please note that Kwik Kopy nor the Kwik Kopy Entities make no guarantees in relation to shipping and the above timelines are subject to change, in particular in a force majeure event including but not limited to a natural disaster or pandemic.

RETURN & REFUND POLICY

1. It is the intention of Kwik Kopy and the Kwik Kopy Entities to provide Customers with Goods which meet the specifications stated on the Website as well as Customer’s expectations. From time to time, Kwik Kopy and the Kwik Kopy Entities may vary the Products and Services offered on the Website to meet and adapt to trends, supply constraints and/or customer expectations.
2. To enable Kwik Kopy and the Kwik Kopy Entities to provide Goods which meet the Customer’s expectations, the Customer is required to provide accurate and complete requests. This includes but is not limited to providing any documentation and information which is required by Kwik Kopy and the Kwik Kopy Entities. For the avoidance of any doubt, neither Kwik Kopy or the Kwik Kopy Entities will be held liable, and the Customer will not receive a refund or return for any error or omission in the Customer’s request, or the information provided.
3. By submitting an Order, the Customer acknowledges and agrees that all Goods are custom printed with an artwork which is pre-approved by the Customer. As such, the Customer must choose and check the artwork carefully. Refunds will not be provided for any custom artworks. If there is a fault or mistake in the custom artwork, please contact the Kwik Kopy or the Kwik Kopy Entities (as applicable) and provide evidence that the customer artwork does not match the job as produced. If it is found that there is a fault or mistake, the custom artwork will be reprinted and provided to you by Kwik Kopy or the Kwik Kopy Entities.
4. In addition, the Customer acknowledges and agrees that colours appear differently upon computer screens and printed in catalogues or promotional materials. As such, the colour chosen by the Customer may appear differently on the Goods. Further, for printed Goods, the colour of the Goods may also be impacted by the printer used, as well as the materials used in the Goods. Accordingly, Kwik Kopy or the Kwik Kopy Entities cannot guarantee an exact match of colours or characteristics of the Goods between what is ordered by the Customer and what is ultimately received.
5. Kwik Kopy or the Kwik Kopy Entities may specify minimum requirements related to the quality of images the Customer may upload to the Website for an Order. The Customer acknowledges that adherence to such requirements improve the quality of the overall Product. Kwik Kopy or the Kwik Kopy Entities:
  1. are not responsible for Orders that are defective where the Customer has not adhered to the minimum requirements published by Kwik Kopy or the Kwik Kopy Entities; and
  2. may refuse to complete the Order; or
  3. may charge the Customer additional fees for having to manually enhance the quality of any images uploaded to the Website as part of an Order.
6. If it is essential that a Pantone (PMS) colour appears accurately on the Goods, it is the Customer’s responsibility to advise Kwik Kopy or the Kwik Kopy Entities prior to the approval of the Order. If the Customer notifies Kwik Kopy or the Kwik Kopy Entities prior to approval of the Order, Kwik Kopy and/or the Kwik Kopy Entities will take steps to achieve the closest possible colour match.
1. Rejection and Refund
  1. Subject to clause 9, the Customer may only reject the Goods if they do not comply with the Customer’s instructions or if the Goods are defective. If the Customer wishes to reject the Goods, the Customer must notify Kwik Kopy or the Kwik Kopy Entities of the rejection:
    1. if Kwik Kopy or the Kwik Kopy Entities agrees to deliver the Goods to the Customer’s premises –within 7 days of delivery (or such other time as is mutually agreed);
    2. otherwise – within 7 days of notification that the Goods are ready for collection (or such other time as is mutually agreed).
  2. In such an event, Kwik Kopy’s and/or the Kwik Kopy Entities’ liability will be limited to the cost of repairing or replacing the Goods. Kwik Kopy and the Kwik Kopy Entities will not be liable for any associated costs incurred by the Customer as a result of a warranty claim. This includes, but is not limited to, the cost of installing the or removing printed materials that is the subject of the warranty claim. It is essential that all Goods are carefully inspected at time of receipt and approved or rejected by the Customer prior to the Customer’s usage of the Goods.
  3. Kwik Kopy and the Kwik Kopy Entities reserve the right to decide if the Customer is eligible for a full or partial refund, at their absolute and sole discretion.
  4. Refunds are not offered for custom printed Goods.
  5. This Refund Policy does not affect the Customer’s rights under the Australian Consumer Law, and the Customer has consumer guarantees that cannot be limited by Kwik Kopy or the Kwik Kopy Entities. If your Goods are not of an acceptable quality, are not fit for purpose or are different from their description or sample, then the Customer may be eligible for a full refund.
  6. The Customer acknowledges and agrees that it is their sole responsibility to obtain any necessary approvals from building management, landlords, or relevant authorities prior to the installation of any Products or Services provided by Kwik Kopy or Kwik Kopy Entities. Kwik Kopy or Kwik Kopy Entities shall not be liable for any delays, damages, or losses arising from the failure of the customer to obtain such approvals and or clearances.
2. Risk

The risk in the Goods passes to the Customer:

if Kwik Kopy or the Kwik Kopy Entities delivers the Goods to the Customer’s premises – at the time of delivery;
otherwise – at the time Kwik Kopy or the Kwik Kopy Entities notifies the Customer that the Goods are ready for collection.
If the Customer is entitled to reject the Goods and rejects the Goods in accordance with these Terms and Conditions, risk reverts to Kwik Kopy or the Kwik Kopy Entities at the time the Customer notifies Kwik Kopy or the Kwik Kopy Entities that the Goods are rejected.

PAYMENT & PRICE
1. Time for payment

Payment must be made at the time of submitting the Order (unless otherwise specified).

Method of payment

Payment for the Order is to be made by the Customer by cash, cheque, credit card, EFT Transfers or any other form of payment as agreed by Kwik Kopy or the Kwik Kopy Entities and the Customer.

Interest

Kwik Kopy or the Kwik Kopy Entities may charge interest at the Interest Rate on amounts not paid within the time specified in clause 7.1.

Advance and progress payments
1. Kwik Kopy or the Kwik Kopy Entities may issue an invoice for the amount of the Estimate before commencing the Order where Kwik Kopy or the Kwik Kopy Entities has not previously carried out work for the Customer or where Kwik Kopy or the Kwik Kopy Entities considers it otherwise prudent to do so;
2. Kwik Kopy or the Kwik Kopy Entities may, in the event that Kwik Kopy or the Kwik Kopy Entities is of the view that completing the Order will take more than a month, at any time before the Order is completed, issue one or more invoices for a proportion of the amount of the Estimate (the proportion to be at Kwik Kopy’s or the Kwik Kopy Entities’ discretion) and require that proportion of the Estimate to be paid in advance of any further work being done.
3. If the Order is suspended for more than 30 days at the request of the Customer or as a result of something for which the Customer is responsible, Kwik Kopy or the Kwik Kopy Entities may issue an invoice for a particular sum (to be specified by Kwik Kopy or the Kwik Kopy Entities ) for the work already done and for other costs incurred by Kwik Kopy or the Kwik Kopy Entities (such as storage costs).
4. While Kwik Kopy and/or the Kwik Kopy Entities try and ensure that all prices on the Website are accurate, errors may occur. If Kwik Kopy and/or the Kwik Kopy Entities discover an error in the price of Goods and/or Products the Customer has ordered, Kwik Kopy and/or the Kwik Kopy Entities have the right to cancel the Order and will inform the Customer as soon as possible. Kwik Kopy and/or the Kwik Kopy Entities will and give the Customer the option of reconfirming the Order at the correct price or canceling it. If Kwik Kopy and/or the Kwik Kopy Entities are unable to contact the Customer, Kwik Kopy and/or the Kwik Kopy Entities will treat the Order as cancelled. If the Customer cancels and the Customer has already paid for the Order, the Customer will receive a full refund.
GST

All prices are inclusive of GST unless otherwise specified.

Prices displayed on the Website are current at the time of submitting the Order but may change at any time and are subject to availability. Prices and availability of Goods and/or Products are subject to change without notice. Where permitted, we reserve the right to limit sales, including the right to prohibit sales to re-sellers.
Further to the above, the prices of a particular Goods and/or Products may be based upon work specified in Quotes and/or proposals and/or further instructions provided by the Customer. The labour costs specified in any Quotes and/or proposals are either charged on an hourly rate or a project basis.
Customers acknowledge and agree that the prices indicated on the Website are applicable only to online Orders and may differ from prices offered for in-Centre purchases.
Customers acknowledge and agree that Kwik Kopy Entities may be independently operated by franchisees, and as such, prices for the same product or service may vary when purchased in-Centre. This variation is due to inherent differences in processes and operations between in-Centre and online transactions.
The price the Customer pay will be clearly indicated as the Customer progresses through its Order and a final total will be displayed at the completion of the Customer’s Order. Prices paid by Customers for online Orders from a specific Centre may differ from the recommended retail price.
Generally, all purchases made on the Website will be paid by a credit card, Visa, Master Card, American Express or PayPal. The price of the purchase will automatically be withdrawn. In some circumstances, the Customer may be invoiced for the purchase made on the Website. This invoice must be paid by the specified due date on the invoice.
If an invoice is not paid by the due date, Kwik Kopy and/or the Kwik Kopy Entities may cease any further work on the engaged project until all outstanding invoices have been paid.
Kwik Kopy and/or the Kwik Kopy Entities may, at their sole discretion, charge interest amounts on outstanding invoices. The interest will be charged at the Interest Rate on a daily basis from the payment due date.
The Customer may be liable for any and all costs, expenses or losses incurred by Kwik Kopy and/or the Kwik Kopy Entities as a result of the Customer’s failure to make payment.
All prices are in the Australian Dollar.

NON-PAYMENT
1. Damages

The Customer must pay to Kwik Kopy or the Kwik Kopy Entities any costs, expenses or losses incurred by Kwik Kopy or the Kwik Kopy Entities as a result of the Customer’s failure to pay to Kwik Kopy or the Kwik Kopy Entities all sums outstanding from the Customer to Kwik Kopy or the Kwik Kopy Entities (including, without limiting the generality of the obligation set out in this clause, any debt collection and legal costs).

Retention of title
1. Until the Customer has paid all amounts outstanding in relation to
  the Goods and any other goods supplied by Kwik Kopy or the Kwik Kopy Entities to the Customer, title and property in the Goods shall not pass from Kwik Kopy or the Kwik Kopy Entities to the Customer.
2. If the Goods are in the Customer’s possession, the Customer shall hold the Goods as trustee for Kwik Kopy or the Kwik Kopy Entities and must store the Goods so that they are clearly identifiable as the property of Kwik Kopy or the Kwik Kopy Entities.
3. Kwik Kopy or the Kwik Kopy Entities may call for and recover possession of the Goods (for which purposes Kwik Kopy or the Kwik Kopy Entities ’s employees or agents may enter the Customer’s premises and take possession of the Goods without liability to the Customer) and the Customer must deliver the Goods to Kwik Kopy or the Kwik Kopy Entities if so directed by Kwik Kopy or the Kwik Kopy Entities
4. The Customer may, in the ordinary course of the Customer’s
  business, sell the Goods to a third party but:
  (i) the proceeds of sale to the third party shall be held by the Customer as trustee for Kwik Kopy or the Kwik Kopy Entities and the Customer shall account to Kwik Kopy or the Kwik Kopy Entities for those sums; and
5. If Kwik Kopy or the Kwik Kopy Entities requires, the Customer shall assign to Kwik Kopy or the Kwik Kopy Entities the Customer’s claim against the third party and shall execute all documents necessary to effect that assignment.
General lien

Kwik Kopy or the Kwik Kopy Entities shall, in respect of all sums owed by the Customer to Kwik Kopy or the Kwik Kopy Entities hereunder, have a general lien on all property of the Customer in Kwik Kopy or the Kwik Kopy Entities ’s possession and may, after 14 days’ notice to the Customer, sell that property and apply the proceeds (net of any sale costs) in satisfaction of all or any part of the sums owed. In the event that any of the Customer’s property held by Kwik Kopy or the Kwik Kopy Entities as aforesaid enjoys copyright protection in favour of the Customer, the Customer hereby grants to Kwik Kopy or the Kwik Kopy Entities a licence to exercise the rights conferred on Kwik Kopy or the Kwik Kopy Entities under this clause.

LIABILITY
1. Proofs

If Kwik Kopy or the Kwik Kopy Entities submits to the Customer a proof of the Goods, Kwik Kopy or the Kwik Kopy Entities will not be responsible for any errors in the Goods which appeared in the proof and which were not corrected by the Customer before the Order was completed.

Non-excludable Rights

The parties acknowledge that, under applicable State and Commonwealth law, certain conditions and warranties may be implied in these Terms and Conditions and there are rights and remedies conferred on the Customer in relation to the provision of the Goods or of services which cannot be excluded, restricted or modified by agreement (“Non-excludable Rights”).

Disclaimer of Liability

Kwik Kopy or the Kwik Kopy Entities disclaim all conditions and warranties expressed or implied, and all rights and remedies conferred on the Customer, by statute, the common law, equity, trade, custom or usage or otherwise and all those conditions and warranties and all those rights and remedies are excluded other than any Non-excludable Rights. To the extent permitted by law, the liability of Kwik Kopy or the Kwik Kopy Entities for a breach of a Non-excludable Right is limited, at Kwik Kopy or the Kwik Kopy Entities’ option, to the supplying of the Goods and/or any services again or payment of the cost of having the Goods and/or any services supplied again.

Indirect losses

Notwithstanding any other provision of these Terms and Conditions, Kwik Kopy or the Kwik Kopy Entities is in no circumstance (whatever the cause) liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate the Customer for:

any increased costs or expenses;
any loss of profit, revenue, business, contracts or anticipated savings;
any loss or expense resulting from a claim by a third party; or
any special, indirect or consequential loss or damage of any nature whatsoever caused by Kwik Kopy’s or the Kwik Kopy Entities’ failure to complete or delay in completing the Order or to deliver the Goods.

Electronic data

Without limiting the generality of the foregoing clauses, Kwik Kopy or the Kwik Kopy Entities will not be liable to the Customer for loss, however caused, of any data stored on media supplied by the Customer to Kwik Kopy or the Kwik Kopy Entities.

Customer’s property

Subject to clause 9.5, Kwik Kopy or the Kwik Kopy Entities will not be liable for the damage, loss or destruction of any property of the Customer in Kwik Kopy’s or the Kwik Kopy Entities’ possession unless the loss or damage is due to the failure of Kwik Kopy or the Kwik Kopy Entities to exercise due care and skill in handling or storing the property.

Force Majeure

Kwik Kopy or the Kwik Kopy Entities will have no liability to the Customer in relation to any loss, damage or expense caused by Kwik Kopy’s or the Kwik Kopy Entities’ failure to complete the Order or to deliver the Goods as a result of fire, flood, tempest, earthquake, riot, civil disturbance, theft, crime, strike, lockout, breakdown, war, the inability of Kwik Kopy’s or the Kwik Kopy Entities’ normal suppliers to supply necessary materials or any other matter beyond Kwik Kopy’s or the Kwik Kopy Entities’ control.

GENERAL MATTERS
1. Periodicals

If the contract between Kwik Kopy or the Kwik Kopy Entities and the Customer relates to more than one issue of a periodical:

Each issue will, for the purposes of these Terms and Conditions, be considered to be one Order.
Subject to sub-clause 10.1(c), a party may not terminate a contract to which these Terms and Conditions apply unless:
1. in the case of periodicals published weekly or more frequently, that party has given 4 weeks’ notice of that party’s intention to terminate the contract;
2. in the case of periodicals published fortnightly or more frequently (but less frequently than weekly), that party has given 8 weeks’ notice of that party’s intention to terminate the contract;
3. in the case of periodicals published less frequently than fortnightly, that party has given 13 weeks’ notice of that party’s intention to terminate the contract.
Notwithstanding sub-clause 10.1(b), Kwik Kopy or the Kwik Kopy Entities may terminate the contract at any time if the Customer is in breach of any provision of these Terms and Conditions relating to payment.

Alterations to style etc

If, before the Quote is prepared, the Customer does not give Kwik Kopy or the Kwik Kopy Entities specific instructions in relation to style, type or layout:

Kwik Kopy or the Kwik Kopy Entities may use any style, type and layout which, in Kwik Kopy’s or the Kwik Kopy Entities’ opinion, is appropriate; and
Kwik Kopy or the Kwik Kopy Entities may charge an additional amount for any additional work required to be done (including the production of additional proofs) as a result of the Customer subsequently altering the style, type or layout used by Kwik Kopy or the Kwik Kopy Entities.

Overset

The Customer must pay for overset matter (being matter produced on the Customer’s instructions but not used in a publication for which it was intended). The Customer may instruct Kwik Kopy or the Kwik Kopy Entities to retain overset matter for future issues of the publication or to discard the overset matter.

Outside work

If Kwik Kopy or the Kwik Kopy Entities has to obtain goods (including typefaces, film, plates, ornaments or artwork) and/or services not normally stocked or supplied by Kwik Kopy or the Kwik Kopy Entities from a third party in order to carry out the Customer’s instructions:

Kwik Kopy or the Kwik Kopy Entities will not be liable for any breach of these Terms and Conditions if that breach is a result of or is connected with the supply by the third party of such goods and/or services.
Kwik Kopy or the Kwik Kopy Entities acquires such goods and/or services as agent for the Customer and not as principal and will have no liability to the Customer in relation to the supply of those goods and/or services. Any claim by the Customer in relation to the supply of those goods and/or services must be made directly against the third party.
The Customer must pay for such goods and/or services.
Property in any such goods obtained from a third party and incorporated into the Goods passes to Kwik Kopy or the Kwik Kopy Entities at the time of incorporation.

Material supplied by Customer

If Kwik Kopy or the Kwik Kopy Entities and the Customer agree that the Customer is responsible for supplying materials or equipment for the purposes of the Order:

The Customer must supply sufficient quantities of materials to allow for spoilage, such quantity to be specified by Kwik Kopy or the Kwik Kopy Entities.
Kwik Kopy or the Kwik Kopy Entities will not normally count or check the materials and if requested by the Customer to do so, may charge for counting or checking.
Kwik Kopy or the Kwik Kopy Entities will not be responsible for any defects in the Goods which are caused by defects in or the unsuitability of materials or equipment supplied by the Customer.
Property in any materials supplied by the Customer and incorporated into the Goods passes to Kwik Kopy or the Kwik Kopy Entities at the time of incorporation.

Property left with printer

If the Customer leaves property in Kwik Kopy’s or the Kwik Kopy Entities’ possession without specific instructions as to what is to be done with it, Kwik Kopy or the Kwik Kopy Entities may, 12 months after gaining possession of the property, dispose of or sell the property and retain any proceeds of sale as compensation for holding and handling the property.

Responsibility to insure

Kwik Kopy or the Kwik Kopy Entities has no obligation to insure any property of the Customer in Kwik Kopy or the Kwik Kopy Entities ’s possession. The Customer must pay the cost of any insurance arranged by Kwik Kopy or the Kwik Kopy Entities at the request of the Customer.

Ancillary materials

Unless Kwik Kopy or the Kwik Kopy Entities and Customer agree otherwise, drawings, sketches, paintings, photographs, designs, models, stencils, universal serial busses (USBs), external hard drives,or other media (including data stored on cloud-based software) or data and other material produced by Kwik Kopy or the Kwik Kopy Entities in the course of or in preparation for performing the Order (whether or not in fact used for the purposes of performing the Order) are the property of Kwik Kopy or the Kwik Kopy Entities.

Copyright in all artistic and literary works authored by Kwik Kopy or the Kwik Kopy Entities shall be the property of Kwik Kopy or the Kwik Kopy Entities.

The Customer:
1. warrants that the Customer has copyright in or a licence to authorise Kwik Kopy or the Kwik Kopy Entities to reproduce, all artistic and literary works supplied by the Customer to Kwik Kopy or the Kwik Kopy Entities for the purposes of the Order and the Customer hereby expressly authorises Kwik Kopy or the Kwik Kopy Entities to reproduce all and any of such works for the purposes aforesaid;
2. hereby indemnifies and agrees to keep indemnified Kwik Kopy or the Kwik Kopy Entities against all liability, losses or expenses incurred by Kwik Kopy or the Kwik Kopy Entities in relation to or in any way directly or indirectly connected with any breach of copyright or of any rights in relation to copyright in such literary and artistic works supplied as aforesaid; and
3. The Customer is hereby granted a non-exclusive licence to use the copyright in any literary and/or artistic works authored by Kwik Kopy or the Kwik Kopy Entities for the purposes of the Order. However, the exercise of such licence shall be conditional upon Kwik Kopy or the Kwik Kopy Entities having received all monies due to Kwik Kopy or the Kwik Kopy Entities under these Terms and Conditions.

Licensed Images
1. Customers must ensure that any images uploaded to the Website in connection to procuring an Order have been:
  1. legally obtained (via licence or otherwise) by the Customer;
  2. authorised for use by the Customer from the relevant copyright owner; and
  3. paid for (if applicable) by the Customer,

either through a stock photo supplier or directly from the copyright owner.

Prior to undertaking any Orders, Kwik Kopy or the Kwik Kopy Entities:
1. may request for the Customer to demonstrate it has obtained licenses for all images to be used in relation to an Order; and
2. may request for the Customer to demonstrate it has the appropriate licenses for the specific use of each image, such as for commercial or editorial purposes.
Kwik Kopy or the Kwik Kopy Entities may:
1. refuse any Orders which use images that a Customer is unable to demonstrate it holds the necessary licenses for, including those found through online searches or copied from o other sources; and
2. assume that any image is a matter of copyright and seek confirmation that the Customer has sought consent from the copyright owner or licensor of the image before using it.
In the event that a Customer does not have the necessary licenses for any images and/or Kwik Kopy or the Kwik Kopy Entity cannot reasonably ascertain that the Customer has sought the relevant consent from the licensor of the image or copyright owner, Kwik Kopy or the Kwik Kopy Entity may inform the Customer that it is unable to fulfil the Customer’s Order.

Ideas

The Customer must keep confidential and not use any ideas communicated by Kwik Kopy or the Kwik Kopy Entities to the Customer without Kwik Kopy’s or the Kwik Kopy Entities’ written consent.

Electronic Data

All universal serial busses (USBs), external hard drives or other media (including cloud based software) (other than media supplied by the Customer) used by Kwik Kopy or the Kwik Kopy Entities to store data for the purposes of completing the Order are the property of Kwik Kopy or the Kwik Kopy Entities. The Customer cannot require Kwik Kopy or the Kwik Kopy Entities to supply to the Customer any data so stored. In the event that Kwik Kopy or the Kwik Kopy Entities does supply any data so stored or created Kwik Kopy or the Kwik Kopy Entities may charge for supplying such data to the Customer.

Storage of electronic data

Kwik Kopy or the Kwik Kopy Entities will not be responsible for storing any data on universal serial busses (USBs), external hard drives or other media (including cloud-based software) when the Order has been completed. If Kwik Kopy or the Kwik Kopy Entities agrees to store such data, Kwik Kopy or the Kwik Kopy Entities may charge for doing so.

No Waiver

A power or right is not waived solely because the party entitled to exercise that power or right does not do so. A single exercise of a power or right will not preclude any other or further exercise of that power or right or of any other power or right. A power or right may only be waived in writing, signed by the party to be bound by the waiver.

Severability

Any provision in these Terms and Conditions which is invalid or unenforceable in any jurisdiction must be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable. If that provision cannot be read down then it is capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.

Governing law and jurisdiction

Subject to Law, these Terms and Conditions are governed by the law in force in the State or Territory in which Kwik Kopy’s premises is located and the parties submit to the non-exclusive jurisdiction of the courts of that State or Territory and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms and Conditions.

Modification of Terms and Conditions

These Terms and Conditions may be subject to change or modification at Kwik Kopy’s discretion. Customers will be notified of any updates to these Terms and Conditions via the Website or via other communication channels.

GOODS AND SERVICES TAX
1. All amounts are GST inclusive amounts

Unless otherwise stated, all amounts expressed or described in these Terms and Conditions are GST inclusive amounts.

Out of pocket expenses are GST inclusive

All out of pocket expenses referred to in these Terms and Conditions are GST inclusive out of pocket expenses.

Printer to assist Customer

Kwik Kopy or the Kwik Kopy Entities will do all things reasonably available to it to assist the Customer to claim on a timely basis any input tax credits (if any) the Customer may be entitled to claim for any acquisition of goods and services from Kwik Kopy or the Kwik Kopy Entities. This includes Kwik Kopy or the Kwik Kopy Entities maintaining its registered status for GST purposes, and issuing tax invoices for supplies made under these Terms and Conditions on a timely basis as reasonably requested by the Customer.

PERSONAL PROPERTY SECURITIES ACT

1. Security Interest

The Customer acknowledges and agrees that:

these Terms and Conditions give rise to a security interest and constitute a security agreement for the purposes of the Personal Property Securities Act 2009; and
the security interest is taken in all Goods previously supplied by Kwik Kopy or the Kwik Kopy Entities to the Customer (if any) and all Goods that will be supplied in the future by Kwik Kopy or the Kwik Kopy Entities to the Customer during the continuance of the parties’ relationship.

Undertaking

The Customer undertakes to:

sign any further documents and/or provide any further information, such information to be complete, accurate and up-to-date in all respects, which Kwik Kopy or the Kwik Kopy Entities may reasonably require to register a financing statement on the Personal Property Securities Register;
reimburse Kwik Kopy or the Kwik Kopy Entities for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register;
give Kwik Kopy or the Kwik Kopy Entities not less than 14 days’ prior written notice of any proposed change in the Customer’s name and/or any other change in the Customer’s details.

Verification Statement

The Customer waives any rights to receive notice of any verification statement issued under the Personal Properties Securities Act.

Data Collection

Kwik Kopy collects personal information from Customers during interactions driven by them via the Website, hard copy forms and telephone or in-person meetings so that Kwik Kopy can provide them with the requested product or service. The information may also be used with Customers inferred or express consent for marketing and promotional purposes.

The information collected includes Customer name, company name, address and contact details and will not be disclosed to any third parties without the Customer’s knowledge or consent unless those third parties are acting as Kwik Kopy’s agents. If the Customer does not provide this information Kwik Kopy may be unable to process the Customer’s request.

Kwik Kopy aims to maintain the highest level of security across its own servers and Kwik Kopy only works with reputable third-party providers who also maintain a high level of security with personal information collected and stored.

Please view Kwik Kopy’s Privacy Policy for full details and guidelines on how to obtain access to any personal information Kwik Kopy holds, or on how to make a complaint in regards to a breach of privacy. www.kwikkopy.com.au/privacy

Terms & Conditions

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