Terms & Conditions

1. Who You Are Contracting With

These Terms & Conditions ("Terms") are an agreement between you ("Customer," "you") and Sitekick LLC, a New Jersey limited liability company, doing business as BrochureKing ("Company," "we," "us," "our"). They govern your use of this website and every quote, order, product and service we provide.

Where these Terms protect the Company, that protection extends equally to its members, managers, officers, employees, agents, contractors, affiliates, suppliers, print vendors, successors and assigns.

2. Business Use & Authority

We sell to businesses and organizations. By placing an order you confirm you are at least 18 years old and that you are authorized to place the order, authorize payment, approve proofs and bind the business named on it. You are responsible for your account credentials and for all activity under your account.

3. Acceptance of These Terms

You accept these Terms by checking the acceptance box at checkout, submitting an order, or approving a proof. We record the date and time of your acceptance and the version of the Terms in force at that moment. If a written quote, purchase order or signed agreement conflicts with these Terms, the signed agreement controls, then the quote, then these Terms.

4. Quotes, Pricing & Errors

Quotes are valid for 30 days unless stated otherwise, and are based on the specifications submitted. Changes to specifications, artwork, quantity, stock or turnaround may change the price. We may revise a quote before production where paper, freight or trade-printing costs change materially.

We may correct typographical errors, pricing errors, incorrect product descriptions or specifications, shipping miscalculations, coupon errors and technical faults at any time. An automated order confirmation is not our acceptance of an order. Where an order results from an obvious error we may cancel it and refund any amount paid, which is your sole remedy in that situation.

5. Payment, Late Amounts & Collection

Unless we have approved written payment terms, production begins only once payment is received. Approved account customers pay on the terms stated on the invoice. Past-due balances accrue a finance charge of the lesser of 1.5% per month or the maximum rate permitted by law. You are responsible for applicable taxes.

If an amount is past due we may suspend production, withhold shipment where legally permitted, suspend the account, cancel pending orders, decline future orders, revoke credit terms, or require prepayment by certified funds. Where permitted by law you are responsible for reasonable collection costs, returned-payment fees and reasonable attorneys' fees.

6. Payment Disputes & Chargebacks

Before initiating any chargeback, payment reversal or payment dispute, you agree to contact us in writing describing the issue and to allow us a reasonable opportunity to investigate and respond. Custom printing, design, prepress, setup and production are performed specifically for you and may be nonreturnable and nonrefundable as described in these Terms.

A chargeback does not by itself cancel your payment obligation. You agree not to misrepresent to a bank, card issuer or payment provider that an authorized transaction was unauthorized, that delivered products were not received, or that performed services were not performed. We may contest any dispute and provide the processor, bank, card network or arbitrator with relevant records — including your acceptance of these Terms, order specifications, proof approvals, correspondence, invoices, and shipping and delivery records. Where a dispute is resolved in our favor or amounts remain due, you remain responsible for those amounts and, where permitted by law, our reasonable collection costs.

Nothing here waives any right you cannot waive under applicable law or payment-network rules.

7. Cancellation & Refunds

Products are manufactured specifically for you. Once production has commenced an order is noncancelable and nonrefundable. Before production begins we may refund amounts paid less design, prepress, setup, payment-processing and any vendor costs already incurred. Design fees compensate work already performed and are nonrefundable once work has commenced.

If you do not supply artwork, approve a proof, answer a production question or make payment, schedules extend accordingly. We may close a dormant order after 60 days without refunding work already performed.

8. Proof Approval — "Print As Is"

Approving a proof is your authorization to print exactly what the proof shows. You are responsible for checking spelling, grammar, names, phone numbers, addresses, URLs, QR codes, dates, prices, images, layout, bleed, crop, size, finishing and quantity.

We are not responsible for errors contained in a proof you approved, including an error we originally introduced that was visible in that proof. If we correct or adjust your files as a courtesy, that does not transfer proofreading responsibility to us.

9. Artwork You Supply

You are responsible for the quality and setup of files you supply, including resolution, pixelation, compression, RGB/CMYK conversion, bleed, fonts, transparency, dimensions, missing linked assets and overall file preparation. Low-resolution or incorrectly prepared files may print poorly, and that is not a defect.

10. Intellectual Property & Your Indemnity

You represent and warrant that you own or have all rights, licenses and permissions necessary for everything you submit — artwork, text, photographs, logos, trademarks, fonts and stock assets — and you grant us a license to reproduce that material solely to fulfill your order.

You agree to defend, indemnify and hold harmless the Company and the people and entities listed in Section 1 from any claim, demand, proceeding, loss, damage, judgment, settlement, cost or expense (including reasonable attorneys' fees) arising from your content, your instructions, your modifications, your use, resale or distribution of the products, or any alleged copyright, trademark, trade dress, right of publicity, privacy, defamation, false advertising or unlawful-content claim — including claims brought by your own customers.

We may refuse or stop any job we believe is unlawful, infringing, deceptive or offensive.

11. Design Services & Ownership

On full payment you receive the right to use the final approved design for your business. Unless separately agreed in writing, we retain working and source files (including native Illustrator, InDesign and Photoshop files), unused concepts, drafts, templates, design systems and production methods. Source files can be purchased as a separate deliverable. Licensed fonts and stock assets remain subject to their own licenses.

We may display completed, publicly distributed work in our portfolio and marketing. Tell us in writing if a project is confidential and we will exclude it.

12. File Retention

We are not a file archive. We may delete artwork and production files 90 days after an order completes. You are responsible for keeping your own originals and backups.

13. Print Tolerances & Color

Printing varies. Industry-standard variation in color, shade, paper, coating, cutting, folding, registration, lamination, finishing and quantity is not a defect.

We do not guarantee exact matching between screen and print (RGB versus CMYK), to Pantone references unless specifically contracted, to previous runs, or across paper batches. Reorders are separate production runs and exact color matching is not guaranteed. Quantity may vary by up to 5%; we bill the quantity delivered.

14. Production Vendors

We may fulfill orders using third-party trade printers, finishers, fulfillment partners, designers, contractors, carriers and software providers. Nothing here represents that any particular item is produced in our own facility.

15. Turnaround, Shipping & Risk of Loss

Production and delivery dates are estimates, not guarantees, unless we guarantee a date in writing. Turnaround is counted from proof approval and cleared payment, and excludes shipping transit.

Once we tender a shipment to the carrier, risk of loss passes to you and delivery is in the carrier's hands. Incorrect or undeliverable addresses you supply are your responsibility, including reshipping charges. We are not liable for carrier delays or for any consequence of late delivery, including a missed event or campaign.

16. Events Outside Our Control

We are not liable for delay or failure caused by events beyond our reasonable control, including carrier and vendor failures, equipment breakdown, material shortages, labor disruption, power or network outages, weather, natural disaster, government action, and supply-chain disruption.

17. Claims & Your Exclusive Remedy

Inspect everything on arrival. Any claim of defect, shortage, damage, printing or finishing error or nonconformity must reach us in writing within 5 business days of delivery, with photographs and any documentation we reasonably request. We may require the products be returned or retained for inspection. Failure to notify us in time is acceptance of the products and waiver of claims that inspection would have revealed.

Our sole obligation and your exclusive remedy for a defective or nonconforming product is, at our election, to reprint, replace, correct, issue account credit, or refund the amount actually paid for the affected product.

18. Disclaimer of Warranties

Except for an express warranty we give in writing, products and services are provided "as is" and "as available." To the maximum extent permitted by law we disclaim all implied warranties, including merchantability, fitness for a particular purpose and noninfringement.

We do not guarantee any business result — that materials generate leads, sales, responses or conversions — and we do not warrant that third-party technology referenced in your artwork (such as QR code services) will keep working. You are responsible for deciding whether your content complies with the laws and industry rules that apply to you.

19. Limitation of Liability

To the maximum extent permitted by law, our total aggregate liability arising out of or relating to any order, product, service, transaction or these Terms — regardless of the form or theory of liability — shall not exceed the amount actually paid to us for the specific product or service giving rise to the claim.

In no event are we liable for indirect, incidental, special, exemplary, consequential or punitive damages, or for lost profits, revenue, business, customers, contracts, goodwill, data, advertising expenditure, business opportunities or anticipated savings, even if we were advised such damages were possible.

These limits apply whether a claim is based on contract, warranty, negligence, tort, strict liability, statute or any other theory, to the maximum extent permitted by law. Nothing in these Terms excludes liability that cannot lawfully be excluded.

20. Time Limit to Bring a Claim

Any claim, action, arbitration or proceeding arising out of or relating to any product, service, order, transaction or these Terms must be commenced within one (1) year after the claim accrues, or it is permanently barred.

This is separate from, and in addition to, the 5-business-day notice requirement in Section 17.

21. Arbitration, Jury Waiver & Class Action Waiver

Except for claims to collect amounts you owe, and claims for injunctive relief to protect intellectual property, any dispute arising out of or relating to these Terms, an order, a product or a service will be resolved by binding individual arbitration before a single arbitrator, administered under the Commercial Arbitration Rules of the American Arbitration Association, seated in Ocean County, New Jersey, or conducted remotely.

By agreeing to arbitration, each party understands and agrees that it is waiving the right to have the dispute decided in court by a judge or jury.

Each party knowingly and voluntarily waives, to the maximum extent permitted by law, any right to trial by jury in any matter not resolved by arbitration.

All disputes must be brought solely in an individual capacity and not as a plaintiff, claimant or member in any purported class, collective, consolidated, mass or representative proceeding. Class arbitration is not permitted. If this paragraph is found unenforceable as to a particular claim, that claim proceeds in court and the remainder of this Section still applies.

22. Governing Law & Venue

These Terms are governed by the laws of the State of New Jersey, without regard to conflict-of-laws rules, and excluding the United Nations Convention on Contracts for the International Sale of Goods. For any matter not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state courts located in Ocean County, New Jersey, and the federal courts for the District of New Jersey, and waive any objection based on inconvenient forum.

23. Website Use

We do not warrant that this website will be uninterrupted or error-free, and product descriptions, specifications, images and availability may contain inaccuracies we may correct. You agree not to misuse the site, interfere with its operation, attempt unauthorized access, scrape it at scale, or use it unlawfully. Our Privacy Policy forms part of these Terms.

24. General

If any provision is unenforceable, it is limited or severed to the minimum extent necessary and the rest remains in force. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our written consent; we may assign them. These Terms, together with the applicable quote and order, are the entire agreement between us and supersede prior discussions. We may change these Terms at any time; the version in force when you place an order governs that order, and we record the version you accepted. Notices may be given electronically to the email address on your account. Sections 5 through 8 and 10 through 24 survive completion or cancellation of an order.

25. Contact

Questions about these Terms: [email protected].