Version Date: January 1 2018

TERMS OF USE AGREEMENT

This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and Giftsmadetoorder or its affiliated companies (collectively, “Company” or “we” or “us” or “our”), concerning your access to and use of giftsmadetoorder website as well as any other media related or connected to giftsmadetoorder. This Website allows users to design and upload graphics, as well as purchase a variety of items on which to print graphics, customize, personalize and  utilize other related services that may be offered from time to time by Company (“Company Services”). The Company Services are hosted in the United States and located in Indiana.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Website. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the Website. Persons under the age of 13 are not permitted to register for the Website or use the Website Services.

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE WEBSITE.

Communicating With Giftsmadetoorder

When you visit giftsmadetoorder, send e-mails to us, or chat with us using our instant messaging service, you are communicating with us electronically. You hereby consent to receive communications from us electronically. Giftsmadetoorder will communicate with you by e-mail, through our instant messaging service, or by posting notices on this site. You hereby agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement (if any) that such communications be made to you in writing that way everything is documented for both parties.

REGISTRATION FOR USING COMPANY SERVICES

By using giftsmadetoorder, you represent and warrant that:

1. all registration information you submit is truthful and accurate;
2. you will maintain the accuracy of such information;
3. you will keep your password confidential and will be responsible for all use of your password and account;
4. you are 18 years of age or older and not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use this Website; and
5. your use of the Company Services does not violate any applicable law or regulation.

You also agree to provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form and maintain and promptly update registration data to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, if giftsmadetoorder finds a reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, giftsmadetoorder has the right to suspend or terminate your account and refuse any and all current or future use of the Website and cancel any or all orders related to your account.

Giftsmadetoorder reserve the right to remove or reclaim or change a user name you select if we determine appropriate in our discretion, such as when the user name is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user’s actual name

Conditions of Use

As a condition of use, you agree to the following:

• You will not upload, post, email, transmit, or otherwise make available any content that is in violation of copyright law, trademark law, or any other law protecting intellectual property in any jurisdiction, or that violates an individual’s right to publicity or privacy.
• You will not use the Service to harass, threaten, impersonate, or intimidate anyone.
• You will not upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
• You will not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation.
• You will not transmit any worms or viruses or any code of a destructive nature.
• You will not copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof
• You will not violate any local laws in your jurisdiction (including but not limited to intellectual property laws).
• You will not use the Service for any illegal or unauthorized purpose. If you are an international visitor, you agree to comply with all local laws regarding online conduct and acceptable content.

Content Use:

By submitting User Content as set forth above, you hereby do and shall grant to giftsmadetoorder and its successors, assigns, and third party service providers, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, create derivative works based on, distribute, publicly display, and publicly perform, the User Content solely for purposes of providing you with the Service and advertising and promoting the Service — including, but not limited to, through the giftsmadetoorder website and through giftsmadetoorder social media channels, such as Facebook, Twitter or Instagram— in any medium and by any means currently existing or yet to be devised.
Giftsmadetoorder makes User Content available at its sole discretion and may disable access to any User Content at any time and for any reason. By using the Service, you acknowledge and agree that giftsmadetoorder does not guarantee access to and/or hosting of User Content that is published through the Service. For example, if User Content violates these Terms of Use, access to it may be disabled. giftsmadetoorder has the right to refuse any order made through the Service for any reason including, but not limited to, giftsmadetoorder determination, in its sole discretion, that User Content may be infringing.

PROHIBITED ACTIVITIES

You may not access or use the Website for any other purpose other than that for which Company makes it available. The Website is for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Prohibited activity includes, but is not limited to

• criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
• advertising to, or solicitation of, any user to buy or sell any products or services, unless authorized by Company;
• systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company;
• making any unauthorized use of the Company Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email;
• engaging in unauthorized framing of or linking to the Website;
• transmitting chain letters or junk email to other users;
• using any information obtained from the Website in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
• engaging in any automated use of the system, such as using scripts to add friends or send comments or messages, or using any data mining, robots or similar data gathering and extraction tools;
• interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;
• attempting to impersonate another user or person;
• using the username of another user;
• selling or otherwise transferring your profile;
• using any information obtained from the Website in order to harass, abuse, or harm another person;
• using the Company Service as part of any effort to compete with Company or to provide services as a service bureau;
• deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website;
• attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;
• harassing, annoying, intimidating or threatening any Company employees or agents engaged in providing any portion of the Company Services to you;
• displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website on behalf of that person, such as posting blogs or bulletins with a commercial purpose;
• deleting the copyright or other proprietary rights notice from any Contribution or Company Content
• using our website in a manner inconsistent with any and all applicable laws and regulations.

Content Guidelines

Giftsmadetoorder will NOT print the following designs that:

• Violate the intellectual property rights of others
• Encourage violence or hate against individuals, groups or organizations.
• Attack, harass, or defame others based on race, religion, ethnicity, gender, disability, national origin, or sexual identity
• Include hate speech or symbols (including but not limited to swastikas, iron crosses, etc.
• Promote, feature, or encourage the use of  drugs of any kind
• Feature explicit sex acts or nudity of any kind
• Include sexually suggestive images or text involving children or sex acts
• Promote, feature, or encourage underage drinking or marijuana use by minors
• Include crass vulgarity, lewd language, or swear words
• Involve violent terms or images that are not directed at an individual or group, such as historical images of violence
• Promote, feature or encourage illegal activities (other than those mentioned above)
• Might cause public outrage or inspire violence due to a recent even

Giftsmadetoorder will Print the following

• Use of languages and images appropriate for adults and children of all ages
• Create a design that will not likely to offend individuals or groups
• Support intellectual property rights by using authorized images and content, including those owned or legally authorized to be used by the customer
• if changes are needed you will be notified by email before printing.

Social Media Sharing

Giftsmadetoorder are very excited to be working with you or your company. From time to time we like to taking pictures and posting them to our various platforms: Online Gallery, Facebook, Instagram, etc.. If you are not comfortable with your design being shared, please let us know when you place your order in the notes at checkout. If you do not specify otherwise, Giftsmadetoorder will assume we have your full permission to share your awesome designs.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Giftsmadetoorder reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). Giftsmadetoorder undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless giftsmadetoorder known as (Seller) and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

COPYRIGHT AND TRADEMARKS

Giftsmadetoorder known as the (Seller) and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, assumes no responsibility for researching or authenticating the rights held by any Customer to any trademark, as it relates to any design or logo reproduced on behalf of its Customers. Any and all liability for any act of trademark infringement rests with the Customer, and Customer shall indemnify the seller against any and all actions resulting from trademark issues.

The Customer represents, warrants and guarantees that it is the lawful owner or AUTHORIZED USER of the Content submitted and that the Content does not infringe upon the property rights, intellectual property rights or other rights of others. Customer represents that there are no outstanding disputes in connection with the property rights, intellectual property rights or other rights in the Content or any parts of the Content. In the event that the Seller is to imprint at the request of Customer Content provided by the Customer, Customer hereby represents that the Content is being produced with the knowledge and consent of the individual or entity having the rights thereto. Upon request, Customer shall provide written evidence of authority to produce such Content.

Customer agrees to hold (the Seller), its’ owners, officers, directors, employees, agents and licensors (“Decorator”), free and harmless from all liability and indemnify Decorator for any loss, damage, or injury which Decorator may suffer as a result of producing said Content. The obligation of the Customer shall extend to the payment of all judgments, awards, losses, liabilities, costs and expenses, including but not limited to ALL attorney and legal fees, and costs of litigation or other out-of-pocket costs as a result of the reproduction of the “Content” requested by the Customer.

Promotions and Coupons

In order to participate in or use certain services, promotions, discounts or coupons that may be run from time to time with respect to the Website (“Offers”), you may be required to agree to additional or different terms and conditions (“Offer Terms”). If there is a conflict between these Terms of Use and any Offer Terms, the Offer Terms shall control and the non-conflicting provisions in these Terms of Use will continue to apply. For example, if you seek to redeem a coupon code on the Website, your redemption of the coupon code is subject to the specific Offer Terms applicable to that code and to the non-conflicting provisions of these Terms of Use. If an Offer does not contain Offer Terms, then only these Terms of Use apply. Under these Terms of Use, unless otherwise prohibited by law, any Offer: (a) is valid only at the website identified in the Offer and at no other store; (b) applies to in-stock merchandise only and not to gift cards or services; (c) is not valid for cash or cash equivalents; (d) is limited to one Offer per person; (e) must be entered at checkout and/or in your account to be redeemed; (f) may not be combined with any other coupons or offers; (g) may only be used once; (h) expires on the later of one year from the date of issue or the date required by applicable law, and (i) cannot be reproduced, modified, sold or traded or used to pay any tax, such as sales tax, shipping or any value added service. In addition, some Offers may be in the form of a voucher. If you purchase a voucher with a promotional value beyond the amount paid, you may redeem the voucher for the promotional value until the expiration date, or for the amount paid after the end of the applicable promotional period. Giftsmadetoorder reserves the right to limit, change, or cancel any Offer or associated order, without prior notice, even after you have attempted to redeem the Offer or placed your associated order. By using an Offer, you indicate your acceptance of all applicable terms and conditions, including these Terms of Use and the Offer Terms, if applicable. Some Offers also may be subject to additional requirements or restrictions imposed by us or participating third parties, such as the vendors or other merchants that issued, sponsored, or are associated with the Offer.

Payments, Returns, Refunds, and Cancellation Policy

Giftsmadetoorder strives to ensure that all items ordered through our Services are always accurate and of the highest quality. All the Decals, Stickers, Wall Clings, Apparel, Mugs, Etc you design or order through our Services are customized and unique to you.

Time of payment is due to the extensive amount of work required prior to the printing and shipping of your order (artwork preparation), you will be charged at the time your order is placed or at checkout using our online design software.

Cancellations after printing has begun.

Because of the customized nature most of these goods, we do not allow cancellations once we begin printing an order. Orders enter the printing process as early as one business day after they are placed on our website.

Cancellations before printing has begun.

Giftsmadetoorder allows cancellations on orders that have been processed but have not yet begun the printing process. Cancellations in this phase are subject to a fifteen percent (15%) cancellation fee of the order total. (This cancellation fee covers costs associated with preparing for an order, including artwork processing, pressing processing, and material preparation costs.) Orders are processed as early as minutes after they are placed on our website, and enter the printing process as early as one business day after they are placed on our website.

Refunds and exchanges.

Giftsmadetoorder does not accept refunds or make exchanges after an order has been printed or shipped for the following products, All Apparel, Mugs, Mouse-pads, keychains, etc. If, upon receipt of your finished merchandise, you feel that your order was incorrect due to an error on our part, please contact us within 14 days of your delivery date. Claims are handled on a case-by-case basis.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. Giftsmadetoorder reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. Giftsmadetoorder shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Artwork Requirements (BEST RESULTS)

• All submitted files must be in 300 DPI or in Vector format.
• Accepted raster files are:.JPG,.PSD, .PNG
• Accepted vector files are: SVG,EPS,AI, .PDF
• Files submitted in low quality (non-vector, below 300 DPI) are subject to art preparation and editing fees or submit another image with better quality.
• Artwork design should be sized to the physical print size
• All text must be converted to outlines

Apparel Art Proof Approval

For each Apparel custom order items we will submit a proof for customer for approval by email. It is the customer’s responsibility to verify that all of the information on the proof is correct. If an error is found after your order has been approved and printed. It is the responsibility of the customer to approve the proof and check the following is correct.

• Sizing
• Quantity
• Garment type, style, font & color
• Deadline/Delivery Date
• Spelling
• Colors
• Placement & print size
• Final design of artwork proof

Giftsmadetoorder will not accept responsibility for errors, misspelling, and corrections not implemented and/or requested after the final artwork proof approval has been submitted to us for printing. If an error is found after your order has been approved and printed and shipped. Giftsmadetoorder will not be held liable for the cost associated with reprinting the order. Giftsmadetoorder assume no liability for errors in designs approved by the customer.

Note: Any changes made after the original approval if possible may cause delays in production time and possible additional costs.

Credit Terms and Purchase Orders

Giftsmadetoorder accept properly Authorized and Signed Purchase Orders ONLY from Schools, Colleges, Universities and Churches. At this time Purchase Orders over $1,000 require a 50% deposit prior to starting an order. Invoices may be paid by check or credit card or debit card. It is understood that should the Buyer become delinquent in payment, no further credit will be extended to them. Purchase orders are a legally binding contract in the state of Indiana that is formed between the two parties the seller and the buyer.

Extended Payment Terms

For all Purchase orders we ask for 50% deposit is required on all orders to begin processing & production.

• Giftsmadetoorder accepts the following: Visa, Mastercard, American Express, Discover, PayPal, and business / organization checks.
• Checks must clear prior to starting of an order or shipping a completed order. Clients will accept entire responsibility for any delay this may cause.
• Purchase Orders & Billing with Net 30 Terms are accepted for qualified government entities, schools, universities and organizations with approved credit or vendor application.

How to use Purchase Orders

If you want to place an order for a (via purchase order), please follow these steps:

You can use the Chat messing system, contact us page or Email us at sales@giftsmadetoorder.com and let us know you would like to checkout using a Purchase Order. Our Customer Service representatives will respond with further instructions including the following:

Giftsmadetoorder will ask for the email address associated with your account your created in our system. We will then authorize that account which will allow you to place orders using a PO. Sign in to this account and create your designs. Once your create your design you can click on the save button in the design center and save your design for future use as well. Or you can go ahead and add the design to your cart and continue with the checkout process.

On the checkout page, under Payment, choose I have a PO and enter your PO number. Please use your location information in the billing section not your home address.

Complete the checkout process. This will generate an order number.

You will need to send us your PO form by email preferable

Please note, orders will not proceed with processing until the PO is received. One business day will be added to your Shipment Received Date to account for each additional business day between the time your order is placed and when the faxed Purchase Order is received.

Turn Around Times

Decal turn around time are around 1 to 3 days all other turn around time on your order with starts when you’ve paid in full and we have all information required to complete your order (all mock ups, high resolution artwork, working /correct tags, all fonts required for editable tags, all shipping info, colors, ink types, and any other requested info etc.). Delay in receipt of any of this info could result in production delays.

Our current turnaround time is 7-15 Business Days on Average + Shipping times. Complex orders or add-ons may increase turnaround times. Delay in approval of mock ups could also result in production delays. Each finishing service will add extra time to the turn around on orders, adding roughly 2 days per finishing to the turn around time. The most up-to-date turnaround time will be listed on your quote and invoice or message to your directly before shipping throw email updates. We do are best to keep you up to date on the processing of your items before shipping using email messaging.

If you have a deadline for your order, it is very important that you let us know when placing your order and a rush fee may apply if there is not enough time to complete your order under normal circumstances. If you do not advise us about a due date until after your order has been paid for and pushed through our system for printing, etc, Giftsmadetoorder may not be able to accommodate your request for the deadline. Any circumstances out of our Printing control (weather delays, shipping errors by the supplier, etc.) may also require more time and are not factored into the initial turn around time estimate.

Holidays

  Giftsmadetoorder is closed on all national holidays and these days are not considered business days when counted in turn around times.

Rush Orders

Giftsmadetoorder understand that not every project has time to wait till next week for the printing to be completed; that’s why we offer RUSH production services. All RUSH production is subject to an additional charge of of invoice total. The customer will be responsible for any additional shipping and/or freight charges associated with getting necessary materials to our facility as well as expedited shipping to the customer’s delivery location.

RUSHED ORDERS Fees

If you need your order before our average turnaround time, there will be extra costs involved here are the Fee’s Listed below.

Rush order Fee’s – Added to total order charge.
7 days- 5%
6 days- 10%
5 days- 15%
4 days- 20%
3 days- 25%
2 days- 50%

Note: While we aim to be as accurate as possible to ensure your project goes as planned, We CAN NOT guarantee production, shipping, or delivery times on any order. Giftsmadetoorder will make every effort to inform the customer promptly in the event that any situation arise that may hinder our ability to meet a specific deadline.

Samples

Samples will be shipped at a per piece unit price, plus shipping cost. Samples are available upon request only and cannot be returned.

Out of Stock Items

Most of are items are in stock how ever Giftsmadetoorder are not responsible for items that are out of stock. While we check items we know to have potential stock issues, all garments are ordered after your order is placed, and we cannot guarantee their availability. If items are out of stock, we will provide you with a list of possible replacements and get it approved by you before using your chosen item.

PRICE GUARANTEE

In the cases that we’re not the best price, we will match or beat a competing quote given the follow conditions are met.

• Customer must provide an official quote from a competing vendor dated within 30 days
• Competing quote must identify the same garment type, color and quantity
• Competing company is located in the United States

Price Matching

Giftsmadetoorder reserves the right to accept or discard the price match guarantee. A quote from a competitor must be present to be considered for price match. If and when the price match guarantee is accepted, we will match their price.

ESTIMATES

Estimates expire in 30 days. Estimates are subject to change upon review of submitted artwork. Prices may be revised at the time of invoice based on actual prints.

Customer Supplied Items

At this time we do not print on any customer supplied items unless we are contact first before purchasing and offer this option for Tshirts and other apparel items noting else.