Terms and Conditions
Effective Date: 31.07.2024
Welcome to ADCO Factory
Below are the standard terms and conditions that govern your use of ADCO Factory’s services and products. It is crucial that you, the client, read and understand these terms and conditions before commencing any project with us.
Address: 3B, Bangunan Mara Jalan Dewan, 82000 Pontian Johor, Malaysia
Section 1: General Terms
1.1 Agreement to Terms
By engaging with ADCO Factory for services, purchasing products, or using our website, you agree to these Terms and Conditions and any other legal notices or conditions posted on our site. By completing any payment to ADCO Factory, you are considered to have read, understood, and agreed to the terms laid out herein. Failure to do so will not exempt you from compliance.
1.2 Changes to Terms
ADCO Factory reserves the absolute right to modify, add, or remove portions of these Terms and Conditions at any time. Your continued use of our services following the posting of changes will mean that you accept and agree to the changes.
1.3 Service Eligibility
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. ADCO Factory reserves the right to request proof of age or consent at any time and may terminate services if such proof is not provided promptly.
1.4 Account Registration and Use
If you create an account on the ADCO Factory website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must immediately notify ADCO Factory of any unauthorized uses of your account or any other breaches of security. ADCO Factory cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
1.5 Accuracy of Information
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. ADCO Factory is not responsible for any delays or losses resulting from your failure to provide accurate information.
1.6 Prohibited Uses
You are strictly prohibited from using our site or its content:
- For any unlawful activities or in violation of any applicable laws.
- To infringe upon or misuse our intellectual property or that of others.
- To introduce viruses or other harmful code that could affect our services or others’ computers.
- To collect personal data about others without their explicit consent.
- To harass, discriminate, or publish misleading, obscene, or offensive content.
- To interfere with the security features of our site or services.
Violations of these prohibitions may result in immediate termination of your account and access to our services, at our sole discretion, without any liability to you.
1.7 Limitation of Liability
ADCO Factory will not be liable for any consequences arising from a client’s failure to stay informed of updates to these Terms and Conditions. Clients are solely responsible for checking for updates and complying with the latest terms.
1.8 Notification of Changes
Although not obligated, ADCO Factory may choose to notify clients of significant changes to these Terms and Conditions via email or other direct communication methods. This courtesy does not alter the client’s responsibility to stay informed.
Section 2: Product and Service Information
2.1 Product Descriptions
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on our website are subject to change at any time without notice. While ADCO Factory strives to provide accurate product and service descriptions, we do not warrant that the descriptions, colors, information, or other content available on the site are accurate, complete, reliable, current, or error-free. If a product offered by ADCO Factory itself is not as described, your sole remedy is to return it in unused condition, and ADCO Factory’s liability is limited strictly to the replacement or refund of the product’s purchase price.
2.2 Custom Orders
Custom orders are tailored to meet the specific needs and preferences of each client. Clients must approve all details of custom orders, including material selection, design specifications, and artwork, through a detailed review process before production begins. This approval must be given in writing.
Once production has started, no changes can be made without potential additional charges and written agreement by ADCO Factory. Any verbal agreements are not binding, and ADCO Factory is not responsible for changes not documented in writing.
2.3 Availability and Limitations
Due to the bespoke nature of many of our products, items may be available only in limited quantities and are subject to return or exchange only according to our Return Policy. We reserve the right to limit the sales of our products or services to any person, geographic region, or jurisdiction, and may exercise this right on a case-by-case basis. ADCO Factory is not obligated to provide any justification for such limitations.
2.4 Pricing and Accuracy
ADCO Factory endeavors to ensure the accuracy of the information on our website and services. However, pricing errors or typographical errors may occur. ADCO Factory cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, ADCO Factory shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item, without any obligation to honor the incorrect price.
2.5 Intellectual Property in Custom Designs
When clients submit their own designs for custom orders, they must guarantee that they hold the intellectual property rights to these designs and that their use does not infringe upon the rights of third parties. ADCO Factory will not be held liable for any claims, damages, or liabilities arising from the use of such intellectual property provided by the client. Clients agree to indemnify and hold ADCO Factory harmless from any claims arising from intellectual property disputes.
2.6 Changes to Services
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
2.7 Marketing Use of Completed Products and Client Testimonials
ADCO Factory reserves the right to use any completed products, including custom orders, as samples or for marketing purposes to showcase the quality and scope of our work.
By agreeing to these Terms and Conditions, you grant ADCO Factory the non-exclusive, royalty-free, perpetual right to use images, videos, and any other representations of the completed product in marketing materials, including but not limited to websites, social media platforms, promotional flyers, portfolio examples, and any other media formats.
Furthermore, any testimonials or feedback provided by clients through any communication channel, including but not limited to email, WhatsApp, social media, or video submissions, may be used by ADCO Factory for marketing and promotional purposes. This includes sharing client testimonials, videos, and feedback on ADCO Factory’s website, social media platforms, and other marketing channels. By providing such testimonials or feedback, you grant ADCO Factory the unrestricted right to use, reproduce, and distribute these materials in any form and for any purpose.
If you prefer that your project remain confidential and not be used for marketing purposes, you must notify us in writing at the time of your order. This confidentiality request will be considered, but ADCO Factory reserves the right to refuse the request if it significantly limits our ability to market and showcase our work. Any agreed-upon confidentiality will involve a different pricing structure, reflecting the potential impact on our marketing capabilities.
Failure to notify us in advance will be considered as granting permission for all the above uses. ADCO Factory is not obligated to seek additional consent for the use of testimonials or feedback once provided.
Section 3: Pricing and Payments
3.1 Pricing Policy
All prices listed on our website, or provided in a quote, are in Malaysian Ringgit (MYR) and are subject to change at any time without prior notice. While ADCO Factory endeavors to provide accurate price information, discrepancies may occur. ADCO Factory reserves the right to correct any pricing errors and will notify the client to either adjust the payment amount due or issue a refund for overpayments. ADCO Factory also reserves the right to cancel any orders where pricing errors have occurred and cannot be resolved. ADCO Factory is under no obligation to honor prices listed in error.
3.2 Quotations
Quotations are provided with the best accuracy and are valid for 30 days from the date issued. Should there be any changes in the scope of work after a quotation has been approved, ADCO Factory reserves the right to issue a revised quotation which may affect the overall cost and timeline of the project. Acceptance of the revised quotation must be confirmed by the client to proceed. ADCO Factory is not liable for any delays or additional costs resulting from changes requested by the client after the initial quotation has been approved.
3.3 Payment Terms
Payment terms are specified for each project:
- Full Payment: Required in advance for most projects unless otherwise arranged.
- Deposits and Balance Payments: Certain projects, especially those that are large-scale or involve significant material costs, require a deposit to initiate work. The balance is due in full before delivery or pickup of the product. All deposits are non-refundable, reflecting the resource allocation and preparation costs incurred.
Failure to adhere to these payment terms will result in delays in project completion, and ADCO Factory will not be responsible for any consequences arising from such delays.
3.4 Deposits
Deposits secure production capacity and resource procurement necessary for project commencement. These are non-refundable, and in the event of project cancellation or postponement for more than 90 days, the project will be considered void. A new order must be placed, and a new deposit paid, should the client wish to resume or initiate new work. ADCO Factory reserves the right to apply the deposit towards any incurred costs or losses.
3.5 Invoicing and Communication
Invoices detailing all charges are issued upon completion of a purchase or service and sent via the client’s preferred communication channel, which may include WhatsApp or email. Clients are responsible for providing accurate contact details and for updating these if changes occur. ADCO Factory is not responsible for any delays or issues resulting from incorrect contact information provided by the client.
3.6 Late Payment
Payment terms as specified on the invoice are binding. Late payments may incur additional charges at ADCO Factory’s discretion, and work may be paused until the outstanding payments are settled. Persistent delinquency in payment beyond six months grants ADCO Factory the right to claim ownership of the goods produced, with no obligation for redemption. Additionally, ADCO Factory reserves the right to charge interest on overdue amounts at a rate determined by ADCO Factory.
3.7 Refunds and Cancellations
Cancellations after payment and order confirmation are subject to stringent conditions, as specified in our Cancellation Policy. Refunds are processed exclusively in the original method of payment unless an alternative arrangement is explicitly agreed upon by ADCO Factory, and only under conditions where ADCO Factory deems a refund appropriate. ADCO Factory reserves the right to withhold refunds for any reason deemed valid by the company, including but not limited to breach of contract or failure to adhere to agreed terms.
Section 4: Shipping and Delivery
4.1 Shipping Policy
ADCO Factory ships products both locally and internationally, using trusted carriers. Shipping costs are based on the size, weight, and destination of the order.
Clients have the option to:
- Pick up completed jobs from our office at 3B, Bangunan Mara Jalan Dewan, 82000 Pontian Johor, Malaysia, or
- Choose delivery via courier.
If the courier option is selected, we will weigh the goods and update you with the courier fee. Please note that this courier charge is not included in the initial invoice as it depends on whether you opt for self-pickup or courier delivery after the product is completed.
Clients are responsible for ensuring the shipping address is accurate and complete. ADCO Factory is not liable for any delays or losses resulting from incorrect or incomplete shipping information provided by the client.
4.2 Delivery Timeframes
ADCO Factory aims to dispatch orders within the agreed-upon timelines as specified in the order confirmation. However, delivery times are estimates and depend on factors including destination, carrier schedules, and unforeseen delays such as customs holds or weather conditions. ADCO Factory cannot guarantee exact delivery dates but will make every effort to ensure timely delivery. ADCO Factory is not liable for damages or losses incurred due to delivery delays beyond our control.
4.3 Risk of Loss
All items purchased from ADCO Factory are made pursuant to a shipment contract. Risk of loss and title pass to you upon our delivery to the carrier, or at the moment of self-pickup from our premises. ADCO Factory is not liable for loss, damage, or penalty resulting from delivery delays or failures once items are handed over to the carrier or picked up by the client.
4.4 International Shipping
For international shipments, clients are responsible for ensuring the product can be legally imported into the destination country. The client is the importer of record and must comply with all applicable laws and regulations. Customs clearance charges must be borne by the recipient; ADCO Factory has no control over these charges and cannot predict them. Any delays or issues arising from customs are the sole responsibility of the client.
4.5 Inspection of Goods
ADCO Factory ensures products are packaged adequately to withstand shipping. Upon receipt of shipment (or at self-pickup), you are responsible for inspecting delivery for damages or missing items and reporting them to ADCO Factory within 7 days.
Claims must be submitted in writing and include photographic evidence. Clients are advised to check the condition of goods in the presence of the courier at delivery time and report visible damages immediately.
4.6 Returns and Refunds for Shipped Goods
Returns due to manufacturing defects or shipping damage are accepted within a specified timeframe after delivery. Clients must comply with the Returns Policy outlined in Section 6: General Expectations on Printing Outcomes. Refunds or replacements are issued only after returned goods are received and inspected. ADCO Factory reserves the right to refuse returns/refunds if goods are damaged due to client mishandling or improper use.
4.7 Modifications to Shipping and Delivery Policy
ADCO Factory reserves the right to modify this shipping and delivery policy at any time without prior notice. Clients are encouraged to review the policy periodically. ADCO Factory is not liable for consequences arising from modifications to this policy.
Section 5: Cancellations, Returns, and Refunds
5.1 Cancellations
Cancellations are subject to strict conditions:
- Before Production Begins: May be subject to a cancellation fee covering costs incurred (materials ordered, design work, etc.). The fee is determined based on expenses incurred up to the point of cancellation.
- After Production Begins: Fully non-cancellable. Clients are liable for the full cost of the project.
ADCO Factory will only consider reprints or refunds if the final product significantly deviates from the conditions outlined in Section 6: General Expectations on Printing Outcomes. ADCO Factory is not responsible for errors in typing, images, or design once the client has approved the artwork.
5.2 Return Policy
Returns are only accepted under controlled circumstances:
- Defective Products: Products with verifiable manufacturing defects that significantly impair functionality or aesthetics can be returned within 14 days of delivery. Clients must submit clear photographic evidence. Returns require prior approval and must be in original packaging.
- Shipping Damage: Claims must be reported within the timeframe in Section 4.5, with required documentation. Failure to report within the window may void the claim.
5.3 Refunds
Refunds are granted at ADCO Factory’s discretion under limited circumstances:
- Cancellations: Contingent upon costs incurred as detailed in Section 5.1.
- Returns for Defects or Damage: Processed after inspection and verification. Refunds issued to the original method of payment (or alternative agreed method) and may take up to 14 business days. ADCO Factory reserves the right to refuse refunds if goods comply with Section 6.
5.4 Non-Returnable Items
- Custom Orders and Final Sale Items: Customized/personalized items are non-returnable and non-refundable. Items marked “final sale” are not eligible for return or exchange.
5.5 Modifications to Cancellation/Return Policies
ADCO Factory reserves the right to modify these policies at any time without prior notice. Clients are responsible for reviewing this section periodically.
Section 6: General Expectations on Printing Outcomes
6.1 Color Accuracy
ADCO Factory endeavors to achieve the highest color fidelity possible. However, a 100% exact color match is not guaranteed due to technical limitations of the CMYK process compared to Pantone coloring. Variations within a 12–18% range of the visual on the artwork approval form are acceptable. Differences attributable to finishes (e.g., matte or gloss lamination) are standard and not considered defects.
By placing an order, clients confirm their understanding and acceptance that perfect color accuracy is not feasible and that deviations within the specified range are inherent to printing. Variations within the 12–18% range are not grounds for dispute, refund, or reprint.
6.2 Material and Batch Variability
Printing materials and ink characteristics may vary slightly between batches due to natural fluctuations. These variations are inherent to printing and do not constitute defects. Clients agree that batch differences are acceptable and not grounds for complaint or refund.
6.3 Print Alignment and Finish
Adjustments to dieline or block die may be made to enhance production efficiency or quality, provided they do not materially alter final dimensions. Shifts in print alignment up to 0.5–2.5 mm are standard. Clients agree such deviations are not defects or grounds for rejection.
6.4 Scanning Codes
ADCO Factory is not liable for the operational functionality of QR codes, barcodes, or other scanning codes. Differences between digital appearance and printed output may affect usability, and ADCO Factory cannot guarantee scanning performance after printing.
6.5 Overruns and Underruns
A variance of up to 5% in overruns or underruns is typical and deemed acceptable. Such variances will be reflected in the final invoice, and no disputes regarding these variances will be entertained.
6.6 Proofs and Samples
Digital proofs and physical samples are approximations and may not exactly replicate full production outcomes. Client acceptance of proofs/samples acknowledges possible variation. Differences are acceptable and do not constitute grounds for complaint or refund.
6.7 Quality of Client-Supplied Materials
Clients must ensure provided materials meet ADCO Factory’s quality standards (e.g., images at minimum 300 dpi, vector files where required). ADCO Factory may reject materials that do not meet standards. Poor print quality resulting from inadequate client materials is not ADCO Factory’s responsibility.
6.8 Rejection of Default Settings or Outcomes
Rejection based on standard printing settings or outcomes within accepted industry standards will not be considered valid grounds for complaint or refund. ADCO Factory reserves the right to determine what constitutes reasonable deviation based on industry standards.
Section 7: Intellectual Property Rights
7.1 Client-Supplied Materials
All materials provided by clients (text, images, logos, trademarks, etc.) must be legally owned or licensed by the client. By submitting materials, the client represents they have the right to use and reproduce them and that ADCO Factory’s use will not infringe third-party rights.
Clients are responsible for providing evidence of ownership/licensing upon request. ADCO Factory may refuse materials that do not meet standards. ADCO Factory does not perform legal verification of client-supplied materials and will not be liable for resulting infringements.
7.2 ADCO Factory’s Creative Work
All designs, graphics, and creative works generated by ADCO Factory remain the intellectual property of ADCO Factory unless otherwise agreed in writing. Clients may not reproduce or use ADCO Factory’s creative works without express written permission.
7.3 Rights to Final Products
Upon full payment, the client obtains ownership of the physical products. However, ADCO Factory retains intellectual property rights to underlying designs and content created/used in production unless transferred via a separate agreement.
7.4 Third-Party Rights
ADCO Factory is not responsible for infringement arising from client-provided content. The client agrees to indemnify and hold harmless ADCO Factory from claims, damages, liabilities, costs, and expenses arising from such infringement.
7.5 Licensing and Royalties
If content requires licensing or royalties, the client must secure licenses and make royalty payments. ADCO Factory is not liable for failures to do so.
7.6 Notification of Infringement
If either party becomes aware of any infringement related to services, they should notify the other in writing promptly. ADCO Factory will cooperate provided the client bears associated costs unless ADCO Factory is determined at fault.
Section 8: Dispute Resolution
8.1 Communication and Negotiation
Clients must contact ADCO Factory directly to resolve issues through communication and negotiation. Clients are expected to act in good faith to resolve disputes before pursuing other means.
8.2 Mediation
If negotiation fails, both parties agree to mediation as a first resort to litigation. Costs are shared equally unless otherwise agreed. Failure to participate in good faith may be used as evidence in later arbitration or litigation.
8.3 Arbitration
If mediation is unsuccessful, disputes will be settled by binding arbitration under ADCO Factory’s selected rules, by a neutral arbitrator appointed by ADCO Factory. The location is chosen by ADCO Factory. The outcome is final and binding, and neither party may seek a jury trial. ADCO Factory may pursue recovery of legal costs if the client is found at fault.
8.4 Litigation
If arbitration is bypassed or challenged legally, litigation will take place exclusively in the jurisdiction where ADCO Factory’s headquarters are located, under governing laws of that jurisdiction. Clients submit to exclusive jurisdiction and waive objections to venue. ADCO Factory may seek legal costs if it prevails.
8.5 Costs
Each party bears its own costs, although ADCO Factory may seek reimbursement where deemed necessary by an arbitrator or court. If ADCO Factory prevails, it may recover reasonable costs including attorney’s fees.
8.6 Limitation on Claims
Claims against ADCO Factory must be made within one year from the date the claim arose, or they will be considered null and void.
Section 9: Timeline and Project Delays
9.1 Estimated Timelines
All timelines are estimates and may change due to factors such as production capacity, materials availability, and project complexity. For rush orders, ADCO Factory will make best efforts but does not guarantee delivery dates. Clients will be notified of delays as soon as possible, and no later than 7–14 business days after the delay is identified.
9.2 Unforeseen Delays
ADCO Factory is not liable for delays due to unforeseen circumstances such as supply chain disruptions, equipment failure, labor disputes, natural disasters, or events beyond reasonable control.
9.3 Client-Induced Delays
Delays caused by the client (delayed approvals, scope changes, failure to provide materials/information) will extend timelines. ADCO Factory is not responsible for costs or delays resulting from client-induced delays.
9.4 Project Hold and Resumption
Project holds requested by the client may be accommodated, but resumption depends on ADCO Factory’s schedule and may cause delays. Costs incurred due to holds are the client’s responsibility.
9.5 Printing Industry Standards
ADCO Factory follows standard printing industry practices, including acceptable variations outlined in Section 6. Minor deviations are inherent and not grounds for complaint or refund.
9.6 No Penalty for Delays
ADCO Factory is not subject to penalties, fines, or liability for delays. The sole remedy for delays caused by ADCO Factory (if any) is an extension of the timeline. Clients waive claims for damages due to delays.
9.7 Notification of Delays
ADCO Factory will notify clients promptly of anticipated delays and provide updated timelines. Clients must provide accurate contact information and stay informed about project status.
9.8 Force Majeure
In addition to Section 11.8, ADCO Factory is not liable for delay or failure to perform due to events beyond reasonable control, including acts of God, war, strikes, embargoes, government orders, or other force majeure events.
Section 10: Changes to Terms and Conditions
10.1 Right to Amend
ADCO Factory reserves the exclusive right to amend, update, or modify these Terms and Conditions at its sole discretion at any time, without obligation to notify clients. Changes take effect immediately upon posting on our website or direct communication.
10.2 Client’s Responsibility to Stay Informed
It is the client’s responsibility to regularly review these Terms and Conditions. Continued use of services or acceptance of products after changes signifies acceptance.
10.3 Acceptance of Changes
Continued engagement after modifications constitutes unconditional agreement. Clients who do not agree are expected to discontinue use and return products as per the original terms of sale.
10.4 No Retrospective Changes
Changes will not be applied retrospectively to materially affect previously agreed transactions without mutual consent. Prior agreements remain in effect unless both parties agree in writing.
10.5 Limitation of Liability
ADCO Factory will not be liable for consequences arising from a client’s failure to stay informed of updates. Clients are responsible for checking and complying with the latest terms.
10.6 Notification of Changes
ADCO Factory may choose to notify clients of significant changes via email or other direct communication methods as a courtesy, but this is not an obligation.
Section 11: Miscellaneous Provisions
11.1 Severability
If any provision is found unlawful, void, or unenforceable, it will be severed without affecting remaining provisions, which remain in full force and effect.
11.2 Waiver
No waiver by ADCO Factory of any term constitutes a continuing waiver or waiver of any other term. Failure to enforce a right is not a waiver.
11.3 Assignment
ADCO Factory may assign its rights and obligations at any time without notice. Clients may not assign rights/obligations without prior written consent. Unauthorized assignment is null and void.
11.4 Notices
All notices must be in writing and addressed to:
ADCO Factory
3B, Bangunan Mara Jalan Dewan, 82000 Pontian Johor, Malaysia
ADCO Factory may issue notices via email, postal mail, or website postings. Clients must ensure contact information is accurate and updated.
11.5 Governing Law
These Terms and Conditions and disputes relating to ADCO Factory services are governed by the laws of the jurisdiction where our headquarters are located, without regard to conflict of law principles. Clients submit to the jurisdiction of the courts in this jurisdiction.
11.6 Entire Agreement
These Terms and Conditions constitute the entire agreement between the client and ADCO Factory and supersede prior agreements. Amendments must be in writing and signed by both parties.
11.7 Headings
Headings are for convenience only and do not affect interpretation.
11.8 Force Majeure
ADCO Factory is not liable for failure or delay due to causes beyond reasonable control, including acts of God, war, strikes, embargoes, government orders, or other force majeure events. ADCO Factory is not liable for indirect, consequential, or financial losses arising from such events.
Closing Statement
By accessing and using ADCO Factory services and purchasing our products, you expressly acknowledge and agree to be bound by these Terms and Conditions in their entirety. Continued use after changes signifies acceptance. If you do not agree, you should cease using all services and products offered by ADCO Factory immediately.
These Terms and Conditions take effect upon your use of our website or services and continue to apply with each subsequent use or purchase. We may, at our sole discretion, modify, suspend, or discontinue any aspect of our services at any time without notice or liability. The latest version of these Terms and Conditions will supersede all previous versions.
ADCO Factory reserves the right to refuse service to anyone for any reason at any time. We also reserve the right to make unilateral changes to these terms and will not be liable for any indirect or accidental consequences of such changes.
For general inquiries, including questions about our services, pricing, or the status of your order, please contact us at:
- Email: hello@adcofactory.com
- Phone: 016-610 9258
- Physical Address: 3B, Bangunan Mara Jalan Dewan, 82000 Pontian Johor, Malaysia
Thank you for choosing ADCO Factory. We are committed to providing you with quality services and products and appreciate your compliance with these terms.