Terms and Conditions
Last Modified: April 25, 2019
1. Acceptance of Terms
Welcome and thank you for your interest in Knam Media, operated by Knam Media Group LLC (hereinafter referred to as “the Company,” “Knam Media,” “We,” “Us,” or “Our”). The Company is the operator of websites located at www.wrapscar.com, www.knammedia.com, and www.walldecals.nyc (collectively referred to as the “Website” or “Site”). By accessing our Website or by otherwise using any Services provided by the Company, you agree to be bound by the following Terms and Conditions.
This Agreement is a legally binding contract between you (“You,” “Your,” “Customer” or “User”) and the Company regarding your use of the Website and Services offered by the Company. PLEASE CAREFULLY READ THE TERMS BEFORE PROCEEDING TO USE THE SERVICES OFFERED BY THE COMPANY. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE WEBSITE AND SERVICES.
2. Additional Terms
The Company reserves the right to offer Services that may require you to agree to additional terms and conditions than those stated hereunder. By proceeding to use such Services, you expressly agree to abide by such additional terms.
Our Services are not designed for Users who are under the age of eighteen (18) years or those who are considered a minor in their current State of residence. If you are under eighteen (18) years of age or considered a minor in your current State of residence, you may not use our Service. Where you enter into this Agreement on behalf of an entity or another party, you represent to the Company that you have the authority and capacity to act on behalf of that entity and to bind the former to this Agreement.
You also agree that you will use the Service only as permitted by applicable law and regulations.
Unless expressly stated otherwise, any reference to the following words in this Agreement will hold the meaning as defined hereunder:
“Customer” – refers to a User who places an order for one or more Services offered by the Company.
“Product” or “Material” – refers to the materials used by the Company to deliver its Services (vinyl, laminate, banner and other similar materials) to the Customers.
“User” – refers to all Website visitors as well as Customers.
“Service” – refers to Large Format Printing and Installation of Vinyl Car Wrap, Window, Wall and Door Decals provided by the Company as described in article 5 below.
5. The Service
The Company provides large format printing and installation services for vinyl car wraps, window, wall and door decals (“Services”). Customers can choose their own materials, depending on their unique needs/duration of the project and either provide their own design to be printed and installed by the Company or work with one of our designers to create a custom graphic for your project.
Design Services for Car Wraps
If the Customer requests the Company to design a custom graphic for their car wrap, the Customer will be required to provide our designer with a concept (basic ideas of what you would like the graphic to look like); and, accurate information about the make, model and size of the vehicle on which the Car Wrap will be installed.
Please note, we will only start the design work after receipt of the full deposit amount as specified in our quotation. Upon receipt of the deposit amount, our designer will create suitable graphics and print a visual image for the Customer’s review and final approval.
It is solely the Customer’s responsibility to carefully review the visual image provided by the Company to ensure that the graphic matches the Customer’s vehicle and there are no material differences that may impact the installation at a later stage. Once the Customer accepts and approves the graphic designed by the Company, the Customer will be responsible for payment of full remaining amount quoted.
Large Format Printing Services
If your graphics are print ready and you simply wish to use our large format printing services, we will gladly print a graphic of any size for you. Please note that the Customers will be solely responsible for ensuring the graphics supplied by the Customer to the Company is in the correct format and ready for final printing. Customers are solely responsible for the purchase of any copyrights and model releases in images that they use in their graphics and for ensuring that all images are in high resolution as required for large format printing.
We do not review the graphics provided by Customers, and we will not be responsible for any loss, damage or costs incurred by the Customer due to any inaccuracies in vehicle dimensions, colors, typographical or other similar design-related errors.
If you require the Company to assist you with any design aspects prior to printing, please request a quote for our Services by contacting us at firstname.lastname@example.org.
Installation and Removal
Installation and removal of Vinyl Car Wraps, Window, Wall and Door Decals should be done by a professional installer to ensure proper application/removal to reduce the risk of damage to your vehicle or other surface where vinyl is installed.
● Car Wrap and Decals
Vinyl car wraps and decals are applied directly over the paint of the vehicle. It is solely the Customer’s responsibility to ensure the vehicle is thoroughly washed and the vehicle surface is in good condition before the vinyl wrap is applied. If our installer is of the view that the vehicle is not in a sufficiently clean condition for the installation of car wrap, we will contact you to inform you of the costs of cleaning the vehicle before proceeding with the installation. You understand that vinyl may not stick if the surface paint is in poor condition and you accept full responsibility for any risks associated with the application of vinyl to your vehicle. You hereby expressly release the Company of all liability for any damages, costs or losses arising from or associated with the application of vinyl wrap on your vehicle.
Unless expressly agreed otherwise with the Customer, it is solely the Customer’s responsibility to bring the vehicle to our business premises for installation.
You understand and accept that the application of vinyl on the a vehicle may not be an exact match with the visual print created by a designer and there is a possibility of minor differences which are considered acceptable according to our industry standards. Although vinyl car wraps offer a cost-effective way to increase exposure, there may be limitations with the material itself which are no reflection on an installer’s abilities and our Services and you release the Company of all liability arising from your dissatisfaction with the material if it is not our fault.
Please note that it is solely the Customer’s responsibility to familiarize themselves with their applicable local laws to ensure that the vehicle is wrapped in compliance with local laws. We will be happy to advise our Customers on what is acceptable, but Customer will be solely responsible for their final decision and compliance with the laws.
● Window, Wall and Door Decals
Vinyl Window, Wall and Door Decals are applied by preparing the surface area by vigorously cleaning it with a suitable cleaning agent such as alcohol. The professional installer then strategically places the vinyl on the wall and window to avoid any bubbles or marks on the surface. We will advise you on how long you should let the vinyl sit and dry so that no new air marks are introduced. Please note the longevity of the Vinyl depends on various factors, to learn more contact us at email@example.com.
● Removal of Vinyl Car Wrap, Window, Wall and Door Decals
Neither the Company nor its employees or subcontractors will be held liable for any damage to the underlying paintwork of the vehicle or other surfaces during any vinyl removal job performed by us. Your decision to remove any existing vinyl is entirely at your sole risk. Vinyl is designed to be used only once, and you cannot reuse the vinyl once it has been removed from a surface.
6. Product Warranties
All products sold by Knam Media are covered by manufacturer’s warranty. If you wish to learn more about the product warranty for your selected product, please send us an email at firstname.lastname@example.org with the word “Product Warranty” in the subject line.
7. Installation Warranty
Vinyl wrap installation warranty for ‘new cars’
We offer a one-year vinyl wrap installation warranty for “new cars” only. For this Agreement, a “new car” refers to a vehicle that is purchased by the Customer in its original manufactured condition from a retailer less than 24 months before the date of vinyl car wrap installation and such vehicle been driven less than 20 thousand miles since the date of purchase.
Vinyl wrap installation warranty for window, wall and door decals
We offer a one-year vinyl wrap installation warranty for all window, wall and door decals.
What is covered in the installation warranty?
The installation warranty is only available for vinyl wraps installed by the Company, and that fully cover the vehicles, windows, walls or doors. We do not offer installation warranties for any cut to shape decals installed by us.
Vinyl Wrap installation warranty covers any bubbles, fading and peeling of vinyl on new car wraps and window, wall or door decals. It entitles the Customer the right to free repairs within the one year warranty period. The warranty period begins at the date of completion of installation and expires on the same date the following year.
All installation related issues must be reported to the Company via email at email@example.com within one-week from the time the issue first arose and before the expiration of the one year warranty period. Please note, all claims after the expiry of the warranty period will be disregarded.
What is not covered in the warranty?
Any damage to the vinyl covered under warranty as a result of any action or omission of the Customer or any other person (including failure to follow the day to day care instructions) is not covered by product or installation warranty. Any vehicle with vinyl wrap should be gently hand washed using only suitable cleaning agents to reduce the risk of any damage. Please avoid car washes as they can damage the integrity of the car wrap. All windows, walls, and doors with vinyl should be cleaned carefully with approved cleaning agents only. If you need any advice on caring for your vinyl installed by us, please contact us at firstname.lastname@example.org.
Termination of Warranty
The Company reserves the right to terminate or withdraw the installation warranty if we or our authorized representative, in our sole discretion determine that there has been a misuse of warranty or exploitation by the Customer.
Repairs after Expiration of Warranty
If you wish to request a repair after the expiry of the one year warranty period, you can contact us at email@example.com with a detailed description of the issue. We may need you to bring the vehicle to our premises for us to inspect the vinyl car wrap. In the case of any window, wall or door decals, we might have to send our authorized representative to visit the site to assess the work before we will offer you a quote for repairs if needed.
Unless expressly agreed otherwise in email correspondence or written service agreement with the Customer, all quotes are valid for 60 calendar days. All quotations are based on information provided by the Customer. It is solely the Customer’s responsibility to provide accurate and complete information to the Company. The Company reserves the right to withdraw or amend a quote if the information provided by the Customer was inaccurate or in the event of any change in Customer requirements after the quotation is provided.
9. Payment, Cancellation and Refund Policy
● Payment Policy
This payment policy applies to all Customers who are not a party to any Vendor Agreement with the Company. We currently accept payments through all major credit cards, debit cards, checks, wire transfers, and ACH services.
Please note that should you wish to pay by credit card, there will be a 3% processing fees for invoices equal to or more than $300. Where such fees are applicable, we will disclose the processing fees you and only enable the credit card payment option with your express consent either by email or over a phone call.
● Orders less than USD 1000
All service orders that are less than one thousand USD, excluding NY State Sales Tax or credit card fees applicable, are payable in full prior to the start of the project.
● Orders greater than USD 1000
All service orders that are more than one thousand USD, excluding NY State Sales Tax and credit card fees (if applicable), require a 50% deposit payment prior to the commencement of the project. The balance is payable by the Customer within five (5) calendar days upon receipt of the invoice.
● Interest on Overdue Payments
Any amount not paid by the Customer within seven business days of the invoice shall bear a monthly interest at a prime rate which shall be added to the invoiced amount daily on a pro rata basis until the date of actual payment.
● Cancellations and Refunds
Order Cancellations by Customer and Refunds
Customers may cancel their order without incurring any liability prior to the start of the project. All cancellation requests received after the commencement of the project will incur payment for the work that has been completed by the Company at the time of receipt of cancellation request.
Please note that we do not accept cancellations after completion of the project nor offer any refunds. If there are any errors in the final deliverables that are caused by any fault on the part of the Company or its employees, we will gladly re-deliver the service and rectify the error for no additional cost to the Customer. However, the Company or its employees will not be held responsible for any errors arising as a result of Customer’s failure to carefully review any work before approving it.
Any projects that require rework as a consequence of Customer’s action or omission during the project will incur additional costs that are not included in the initial quote provided by the Company at the start of the project. Customer understands and accepts that each project is unique and we rely on the Customer to carefully review and approve any prints prior to printing and installation. Only instructions and requests delivered by the Customer in writing via email to firstname.lastname@example.org will be considered binding.
All cancellation requests must be sent in writing to email@example.com. A cancellation will only be effective with the written consent of the Company.
Order Cancellations by Company
The Company may terminate this Agreement if it has a reason to believe that:
- The Customer is in breach of any provision of this Agreement; or
- The Customer will not be able to meet its financial obligations towards the Company under this Agreement.
The Company reserves the right to withhold delivery of products and installation under this Agreement until such time that we have evidence to believe that the Customer has the ability to fulfill its obligations towards the Company under this Agreement. Please note that any termination or cancellation of this Agreement by the Company will not affect the rights and remedies available to the Company under this Agreement or release the Customer of its payment obligations towards the Company.
10. Breach of Contract
Either party may terminate this Agreement upon material breach of any terms of this agreement by the other by giving the breaching party at least thirty (30) days’ prior notice, except that such notice will not result in termination if the breaching party rectifies the breach before the thirty (30) days notice period elapses.
11. Service Delivery/Installation Timeline
All service delivery/installation dates are estimates only and the Company shall not be liable for any loss or damage suffered by the Customer as a result of delays for reasons beyond the control of the Company including but not limited to delays arising as a result of Customer’s failure to fulfil its obligations as stated in this Agreement, extreme weather conditions, strikes, protests or any other force majeure event. The Customer acknowledges that the Company retains all title in products until the Customer makes full and final payment as invoiced by the Company.
12. Intellectual Property
Company’s Intellectual Property
Excluding customer’s intellectual property, all content made available by the Company through the Website including without limitation, the text, graphics, logos, trademarks, audio or video (“Company Content”) are owned by and/or licensed to the Company and subject to trademark, copyright and other intellectual property laws and conventions. You understand that the Company, and its licensors reserve ownership and copyright in their respective intellectual property published on the Website. Unless expressly stated otherwise, you agree not to reproduce any Company Content without the express written consent of the Company and its Licensors.
Please note, any concepts, designs or patterns developed by the Company during the course of the project which is not selected by the Customer will be the sole and exclusive property of the Company. The Customer hereby expressly waives any right to claim current and/or future compensation from the use of such intellectual property by the Company or any third-party who has been authorized by the Company.
Customer’s Intellectual Property
Any logos, designs or trademarks that are developed by the Company upon Customer request and which are part of the final approved graphics, will form part of Customer’s intellectual property after the completion of the order and receipt of full payment. It is solely the Customer’s responsibility to protect this Intellectual Property by taking appropriate measures such as registering any designs or marks with the USPTO.
13. Marketing Release
The Customer grants the Company the right to record a video or take photographs of the project before, during and after installation for Company’s self-promotion and marketing purposes. The Customer hereby waives any right to claim compensation from the Company for any photographs and videos taken by the Company of the project and their use on Company’s website, in any business proposals, brochures or any other marketing purposes in any media.
If the Customer wishes to record video or take photographs of the project during the installation, the Customer must obtain the prior written consent of the Company before publishing or sharing any images or videos on any platform.
14. Disclaimer and Limitation of Liability
The Website and Service are provided to you on an “AS-IS” and “AS AVAILABLE” basis and the Company expressly disclaims all warranties of any kind, expressed or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement and satisfactory quality. The Company disclaims all warranties that the Website/Service will be uninterrupted, error-free or secure; that any defects will be corrected; or any specific results from the use of the Website/Service.
The Company assumes no liability for:
- errors, omissions, or inaccuracies in any Content on the Website; or
- any loss or damage of any kind incurred as a result of your use of the Service, whether based on contract, tort, or any other legal theory.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE HELD LIABLE FOR ANY LOSS OF REVENUE, LOSS OF OPPORTUNITY OR LOSS OF ANTICIPATED SAVINGS OR FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, ARISING FROM OR ASSOCIATED WITH THE USE OF THE SERVICES. IF YOU ARE DISSATISFIED WITH THE SERVICE OR ANY PROVISION OF THIS AGREEMENT, YOUR SOLE REMEDY IS TO CEASE THE USE OF THE SERVICE.
IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY ARISING OUT OF OR LINKED TO THIS AGREEMENT SHALL EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY FOR THE SERVICE THAT GAVE RISE TO THE DISPUTE.
You agree to release, defend, indemnify, and hold harmless the Company, its founders, affiliates, subsidiaries, shareholders and employees against any claims, liabilities, charges, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
(i) the violation of these Terms by you;
(ii) Your gross negligence or willful misconduct; or
(iii) the infringement by you of any third-party’s rights.
16. Contact us
If you have any queries about our service or this agreement, please contact us at:
Address: 20 15th St., Brooklyn, NY, 11215
17. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of New York. The Company and the User hereby irrevocably submit to the exclusive jurisdiction of the United States federal or New York state courts located in Kings County, New York for any legal actions or disputes arising out of or linked with this Agreement.
18. Force Majeure
Neither the Company nor the User will be held liable for any failure to perform any of its obligations towards the other if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.