TERMS AND CONDITIONS
These Terms and Conditions (“Terms”) govern all products and services provided by Zengon Inc. (“Zengon,” “we,” “us,” or “our”). By requesting a quote, placing an order, approving a proof, or engaging our services, you (“Client” or “you”) agree to be bound by these Terms.
1. Scope of Services
Zengon provides custom printing, graphic design, and related print production services, including but not limited to labels, business cards, flyers, brochures, and branded materials (collectively, “Products and Services”).
Zengon provides printing and design services only. We do not manufacture, test, certify, distribute, or approve the underlying products to which printed materials may be applied.
2. Orders and Acceptance
All Products are custom produced to Client specifications.
An order becomes binding once payment has been received and confirmed by Zengon.
Quotes are valid for thirty (30) days unless otherwise stated.
Zengon reserves the right to refuse or cancel any order at its discretion and may impose minimum order quantities or decline uneconomical production requests.
3. Design Services and Ownership
3.1 Paid Design Services
Where a Client pays for a design package, full ownership of the final approved design transfers to the Client upon full payment. The Client may use the design at their discretion.
3.2 Waived or Complimentary Design
Where design fees are waived or included as part of a printing promotion, Zengon retains full copyright ownership of the design.
In such cases, the Client is granted a limited, non-transferable license to use the design solely for Products printed by Zengon.
Editable working files, vector files, and source files are not included in waived design arrangements.
Preview files may be provided for approval purposes only.
4. Artwork, Content, and Regulatory Responsibility
The Client represents and warrants that they possess all necessary rights, permissions, licenses, and intellectual property authority for any artwork, logos, trademarks, text, claims, certifications, copyrighted works, designs, or materials submitted.
Zengon relies entirely on Client-provided information and does not independently verify factual claims, regulatory compliance, certifications, or product representations.
The Client is solely responsible for ensuring that all label content complies with applicable laws, regulations, and industry standards, including but not limited to:
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Product claims
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Ingredient disclosures
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Safety labeling
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Certification references
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Regulatory approvals
Zengon assumes no liability for inaccuracies, misrepresentations, regulatory violations, or intellectual property infringement arising from Client-provided content.
Zengon reserves the right to refuse any content that may infringe intellectual property rights or that appears to be submitted without proper authorization.
5. Proof Approval and Production
Where applicable, a digital proof may be provided prior to production.
Client approval of a proof, whether provided verbally, electronically, or in writing, constitutes final authorization to proceed with printing. Zengon is not responsible for errors in spelling, layout, measurements, regulatory wording, color selection, or content once approved.
Production may begin immediately upon receipt of payment and proof approval.
If cancellation is requested after production has commenced, the Client remains responsible for payment of all completed work and printed materials produced up to the time of cancellation.
6. Pricing and Payment
All prices are listed in Canadian Dollars.
Zengon Inc. is not currently registered for Harmonized Sales Tax (HST). If tax registration status changes, applicable taxes will be applied as required by law.
Full payment is required prior to production unless otherwise agreed in writing.
Overpayments will be refunded. Voluntary gratuities or intentional additional payments are non-refundable.
7. Print Variations and Samples
Minor variations in color, alignment, finish, material texture, and print density are inherent to commercial printing processes and do not constitute defects.
Colors displayed on screens may differ from printed output.
Samples, including custom samples, are provided for reference only and may not precisely match final production runs.
Exact color matching is not guaranteed.
8. Shipping, Delivery, and Risk Transfer
Zengon ships within Canada.
Any stated production or delivery timelines are estimates only and are not guaranteed.
Zengon is not responsible for carrier delays, shipping interruptions, address errors provided by the Client, or circumstances beyond our reasonable control.
Risk of loss and title transfer to the Client upon transfer of the order to the shipping carrier, or upon confirmed delivery when delivered directly by Zengon, whichever occurs first.
9. Product Use and Downstream Liability
Zengon is not responsible for how Products are used after delivery.
The Client assumes full responsibility for:
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Product safety
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Product performance
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Regulatory compliance
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Marketing claims
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Distribution and resale
Zengon shall not be liable for any injury, damage, loss, or claims arising from the Client’s products or their use in commerce, including without limitation product labeling, product performance, or regulatory compliance.
The Client agrees to indemnify and hold harmless Zengon Inc., its directors, officers, and affiliates from any claims, damages, liabilities, legal fees, defense costs, or expenses arising from the Client’s products, content, labeling, or business activities.
Zengon’s role is limited strictly to printing and design services and does not extend to product manufacturing, formulation, distribution, or consumer use.
10. Chargebacks and Dispute Resolution
The Client agrees to contact Zengon directly to resolve any concerns prior to initiating a payment dispute or chargeback.
Fraudulent or unjustified chargebacks may be pursued through collection or legal remedies where appropriate.
11. Limitation of Liability
To the fullest extent permitted by law, Zengon’s total liability arising from any claim, whether in contract, tort, negligence, strict liability, or otherwise, shall not exceed the amount paid for the specific order giving rise to the claim.
Zengon shall not be liable for indirect, incidental, consequential, special, or punitive damages, including but not limited to lost profits, business interruption, reputational harm, or anticipated revenue.
12. Force Majeure
Zengon shall not be liable for delays or failure to perform resulting from events beyond our reasonable control, including but not limited to equipment failure, supply chain disruption, carrier delays, power outages, illness, natural disasters, government action, or labor disputes.
13. File Retention
While Zengon may retain design files and order history for convenience, we are not obligated to store files indefinitely. The Client is responsible for maintaining their own backups of any final files provided.
Personal data is handled in accordance with our Privacy Policy.
14. Professional Conduct and Content Restrictions
Zengon reserves the right to refuse any order or content that is unlawful, misleading, fraudulent, defamatory, discriminatory, infringing, or otherwise in violation of applicable laws or regulations.
Zengon also reserves the right to decline content that may reasonably be considered harmful to public safety, deceptive, unethical, or damaging to business reputation.
The Client is solely responsible for the legality and intended use of all submitted content, including but not limited to text, images, trademarks, claims, and QR codes.
15. Governing Law
These Terms are governed by the laws of the Province of Ontario and the applicable federal laws of Canada.
Any disputes shall be resolved in the courts of Ontario.
16. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
17. Updates
Zengon reserves the right to update these Terms at any time. The current version will always be available on our website.
Last Updated: February 14, 2025