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Terms and Conditions

NOTICE:

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY PLACING AN ORDER WITH PROMOSPARK YOU ACKNOWLEDGE AND ACCEPT THE FOLLOWING POLICIES, TERMS AND CONDITIONS SET FORTH HEREIN. PROMOSPARK RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE.

 

Add-ons

  • No changes (quantities, sizes, artwork, item, etc.) can be made once artwork has been approved or order has been processed. Re-orders can be placed as long as the minimum order requirements are met.

  • Add-ons are not always possible but we will do our best to accommodate your request.  Additional charges may apply.

 

Artwork

  • If you are emailing us artwork, please send in one of the following formats:

    • Vector/line art (preferred): Adobe Illustrator 10 (or lower), Corel Draw 11 (or lower), or .EPS

    • Bitmap Artwork: Black and white image with a minimum of 300 dpi in .JPEG, .TIFF, or .PSD

    • Multi-color artwork: Design with a minimum 300 dpi in .JPEG, .TIFF, or .PSD - If sending .JPEG, .TIFF, or .PSD files please provide font support.

  • Contact us for files larger than 20mb

  • We provide two hours of free design time per order or program. Additional design time is billed at $50/hr. If for any reason you decide not to proceed with your order or program after a custom artwork proof has been prepared for you, a $50 artwork fee will be charged.

  • Artwork proofs are emailed within 1 business day for approval. If there is anything you do not like about the artwork proof, please let us know and an updated proof will be emailed. Artwork approval is required before production begins.

  • Select a design from our design gallery, use your own artwork idea or email us a link of an example. Any design provided or chosen can be modified (change colors, text, add distressing, insert images, etc.). We provide this service free for all orders.

  • Please double-check all information very carefully on the Artwork Proof: imprint color, imprint size, imprint location, spelling, and design elements. Each order is printed based on customer's final artwork approval.

  • PromoSpark is not responsible for any errors discovered after the product is printed if the errors were contained in the approved Artwork Proof.

  • The Artwork Proof is a representation of the final product and is not an exact replication. Refer to design details on the Artwork Proof for exact information.

  • If design contains an actual photograph, final print result will vary, similar to newspaper print.

  • PromoSpark is not liable for any variances between the colors and graphics displayed on your monitor and the final printed product.

  • PromoSpark is not responsible for any setback in delivery or shipping caused by a delay in artwork approval.

  • We reserve the right to display any artwork on our website or promotional material for the purposes of advertising. We reserve the right to refuse to create or print artwork that is unlawful or inappropriate.

  • All artwork becomes property of PromoSpark.

 

Back-ordered/Discontinued Items

  • PromoSpark reserves the right to substitute items of comparable value and style in the event that the particular item ordered is temporarily out of stock or discontinued. If time allows, we will notify you of any substitutions.

 

Garment Care

  • Machine wash all apparel separately in cold water and lay flat to dry. Do not add bleach or other chemicals. We are not responsible for shrinkage in apparel. PromoSpark is not responsible if you do wish to put garments in dryer and ink melts or wears in any way.

 

Licensed, Patented or Trademarked Designs

  • The customer represents that all materials, which the seller uses to create and produce items described by PromoSpark and shown on website or promotional material (including, but not limited to insignias, special designs, logos, crests, coat of arms, sorority letters, fraternity letters, school, university references or custom designs), will not cause or result in the violation of any law, judicial decision, rule, regulation, ordinance, licensing, franchise or similar arrangements, formal or informal, written or oral relating to patents, copyrights, trademarks, service marks, etc.

  • The customer further represents that by commissioning and hereby requesting the seller to perform physical or intellectual labor, the customer has full authority to purchase and grant the seller rights to produce, create, and sell any design or product created.

  • The customer recognizes that the seller will assume no liability for any laws, rules, agreements, etc. in compliance with the customer's commissioning of work. PromoSpark disclaims all liability, if any.

  • The customer agrees to indemnify and hold the seller harmless from and against any licensing fees, damages, fines, penalties, losses or assessments including attorney's fees which may be incurred by the seller as a result of the seller processing any order commissioned by the customer. The depiction of any logo, name or design on our website or promotional material is for demonstrative purposes only and does not imply that any such design logos, or names can be reproduced without proper authorization or permission.

 

Online Stores

  •    For customers that bring in over $5,000 in yearly sales:

-  $100 set up fee that will be refunded after the first $1,000 in online sales is collected

-   NO monthly maintenance fee

  •         For customers that bring in less than $5,000 in yearly sales:

-   $100 non-refundable set up fee

-   $50 monthly maintenance fee

 

Ordering Samples

  • Contact us for sample requests.

  • Please return all samples to:

    • PromoSpark

    • 1120 Hicks Blvd

    • Suite 201

    • Fairfield, OH 45014

 

Minimum Orders

  • Screen Printing and Embroidery: 12 pieces of the same item with the same design.

  • Promotional Products: Contact us as it varies for each item.

 

Order Cancellation

  • All orders are custom-made based on the customer's instructions at time of ordering. The customer is responsible for any costs incurred by PromoSpark up to the point of cancellation. There is a minimum cancellation fee of $45.00.

  • Items are ordered the same day the order is processed. Therefore, if the order is cancelled after it is processed, a 15% restocking fee of the original invoice and necessary shipping fees will be charged regardless of whether final artwork has been approved.

  • If you must change the color of the item and it has already been ordered, a 15% restocking fee of the original invoice and necessary shipping fees will also apply.

  • If your order has already been produced it cannot be cancelled.. It is the customer's responsibility to ensure they have ordered correctly.

 

Payment

  • Each order is customized so PromoSpark must receive financial obligation before beginning work on an order.

  • Orders will not be processed until PromoSpark receives one of the following forms of payment:

    • CHARGE Visa or MasterCard *.

    • FAX purchase order to 513-844-2988.

    • MAIL check to:

      • PromoSpark

      • PO Box 18-1147

      • Fairfield, OH, 45018.

    • Any order of $12,000 or higher will require a 50% deposit OR payment in full up front.

    • Invoice balance will be due within 30 days of shipment. Terms or guarantee of payment for balance will need to be established during order entry. Terms can be established with a completed credit application. PromoSpark is not responsible for any setback in production caused by a delay in receiving one of the above payment options. Orders are put on hold if valid payment information is not provided and rush charges may apply if the customer does not get back to us in a timely manner.

  • PromoSpark will only accept one check per order. It is the buyer's responsibility to secure all funds from individuals before placing an order. We do not ship C.O.D. A $35 fee applies for all returned checks in addition to the balance due on the order.

  • If an organization pays for part of the order by purchase order, the remaining balance on the order must be paid by check or money order within Net Terms stated on the invoice to avoid late fees.

  • If an organization pays through the university's purchasing system, we must be given a contact person's name and telephone number to arrange payment before the order can be processed. It is the purchaser's responsibility to make sure PromoSpark receives payment within Net Terms to avoid interest fee of 18% APR (1.5% monthly) on any order that is paid past the due date.

  • After order is placed pricing cannot be changed.

  • If you have questions about our payment terms, please contact us.

 

Personalized Names/Rosters

  • A typed name list must be submitted via email for all orders requiring individual names (athletic jerseys, rosters, etc.).

  • Final quantity must be added up for each size.

 

Photo Printing

  • If artwork contains an actual photo, final print result will vary, similar to newspaper print.

 

Privacy Statement

  • PromoSpark will not use your information (name, address, email, etc.) for any other purpose than to process your order, continue future business and introduce new products or information and to inform you of specials.

 

Re-orders

  • Re-order pricing is based on the re-order quantity, not the initial order quantity.

  • Screen Printing and Embroidery: 12 piece minimum of the same style and same design of initial order. No set-up charges on exact re-orders.

  • Promotional Products: Contact us as it varies for each item. Re-order set-up charges may apply.

  • Contact us if re-order is needed, as re-orders are not always possible.

 

Returns/Exchanges

  • All orders are custom-made. Therefore, no returns can be made unless the items ordered are defective. PromoSpark cannot guarantee reproduction of defective products. A refund will be given in most cases.

  • Items with any type of printing or embroidery may form stress marks or tears over time. Washed or worn garments with this type of damage cannot be replaced or returned for a refund.

  • PromoSpark is not responsible for garments that do not fit. Samples can be ordered for any item to ensure correct sizing.

  • PromoSpark is not responsible for any problems with orders that have been opened or left unattended after they are delivered for 72 hours.

  • If a problem does arise with your order, please contact PromoSpark within 72 hours of receipt. Do not return items without first calling us. Items cannot be returned more than two weeks after receipt for any reason.

 

Rush Service

  • Rush service is available on screen printing, embroidery and promotional products. Contact us for pricing and availability.

 

Set-up and Digitizing Charges

  • Screen Printing - FREE on all apparel orders

  • Embroidery – FREE for standard, typeset fonts. Click here for a list of available fonts. Digitizing fees for logos and non-standard typeset fonts are based on stitch count per design and are $7.00 for every 1,000 stitches. Email Service@PromoSpark.com for a detailed quote.

  • Promotional Products - Set-up and digitizing charges vary. Email Service@PromoSpark.com for a detailed quote.

  • No set-up charge on exact apparel re-orders. Set-up charge for promotional product re-orders may apply.

 

Shipping

  • Free Ground shipping applies to orders over $200. Additional charge applies for expedited shipping.

  • Free shipping applies for orders shipping to one location. Additional charges apply to orders shipping to more than one location.

  • PromoSpark chooses carrier

  • Some oversized items (for example Golf Bags, plastic coolers etc.) do not qualify for free freight

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Sizes Greater Than XL

  • Sizes greater than XL will incur an additional charge.

 

Standard Production Time

  • Screen Printing and Embroidery: Standard production time is 7-9 business days + transit time. Production begins once we have your artwork approval, final sizes/qty, shipping address & payment information.

  • Promotional Products: Contact us, as it varies for each item.

  • If the deadline PromoSpark gives you is a problem, please let us know immediately & we WILL work with you. Rush charges only apply if necessary.

  • Rush service is available. Contact us for pricing and availability.

 

Tax Exemption

  • Ohio organizations will be charged sales tax unless PromoSpark receives organization's exemption number before payment is made. Organizations must follow state guidelines to be tax exempt. Tax exempt numbers will be kept on file for future orders. Personal checks are not accepted for tax exempt orders.

 

Other

  • Screen print pricing is based on the same artwork for all items printed with the same location unless otherwise noted.

  • PromoSpark is not responsible for typographical errors on our website or promotional material.

  • PromoSpark reserves the right to change these policies or prices at any time without notice.

  • PromoSpark owns all artwork produced. Artwork cannot be reproduced or printed by any other company without PromoSpark's written consent.

  • Please contact PromoSpark with any questions you may have regarding these policies.

 

Governing Law and Forum

 

PromoSpark is based in Fairfield, Butler County, Ohio and all transactions take place on PromoSpark servers or computer networks located in Fairfield, Ohio. You agree that any legal action or proceeding arising from or related to the use of this website or purchases made in connection with this website shall be instituted, if at all, in the state courts situated in Butler County, Ohio. By using this website, you further agree to submit to the personal and exclusive jurisdiction of the state courts located in Butler County, Ohio, and agree that venue is proper in these courts in any such legal action or proceeding. These terms and conditions and the relationship between you and PromoSpark shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions.

 

Limitations on Liability

 

In no event shall PromoSpark or its licensors, suppliers, or vendors, their officers, directors, owners, employees, or agents, be liable for any special, incidental, indirect, or consequential damages of any kind, or for any damages whatsoever resulting from loss of use, data, or profits, whether or not PromoSpark has been advised of possibility of the damage, arising out of or in connection with the use or performance of this website or failure to provide services that you order from Promospark or its affiliates, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event shall PromoSpark be liable or responsible for any damages or consequences arising from or related to your inappropriate or unauthorized use of the website or its content.

 

Indemnity

 

You agree to indemnify, defend, and hold harmless PromoSpark and its officers, directors, owners, agents, employees, partners, suppliers, affiliates and licensors from and against any and all claims, losses, damages, expenses, or demands, including reasonable attorneys' fees, asserted by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the website or email, resulting from your use of the website, resulting from your breach of the policies, terms and conditions discussed herein, or your violation of the rights of another party.

 

Entire Agreement

 

The policies, terms and conditions constitute the entire agreement between you and PromoSpark and govern your use of the website and purchases made there from. The terms herein supercede any prior agreements between you and PromoSpark with respect to the website. You also may be subject to additional terms and conditions that may apply when you use or purchase certain PromoSpark products.

 

Waiver and Severability of Terms

 

The failure of PromoSpark to exercise or enforce any right or provision of the policies, terms and conditions shall not constitute a waiver of such right or provision. If any provision of the policies, terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the policies, terms and conditions shall remain in full force and effect.

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