Terms and Conditions

Last updated: December 21, 2024

Below are the Terms and Conditions of doing business with Seamless Promotions Printing and Embroidery. Please read these Terms and Conditions completely and in their entirety before using our website, applications or accessing any service Seamless Promotions provides. As a customer you agree to be bound by and accept these terms. If You do not agree to these terms or any part thereof, then you must immediately cease using Seamless Promotions website, applications, and all services we provide.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Application means the software program provided by Seamless Promotions downloaded by You on any electronic device.
  • Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Account means a unique account created for You to access our Service or parts of our Service.
  • Country refers to: Montana, United States
  • Company (referred to as either “Seamless Promotions”, “The Company”, “We”, “Us” or “Our” in this Agreement) refers to Seamless Promotions, 1425 S Catlin St Unit C Missoula, MT 59801.
  • Device means any device that can access any of Our services such as a computer, a cellphone or a digital tablet.
  • Services refers to the Emails, Phone Calls, Applications, Website, Software, and any service that Seamless Promotions offers.
  • Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and Seamless Promotions regarding the use of the Service.
  • Third-party or Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to Seamless Promotions, accessible from https://www.seamlesspromotions.com, or any link found without this site.
  • You means the individual accessing or using the Service, or the Company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and Seamless Promotions. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service without supervision of a person over the age of 18.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Customer Accounts

When You use our Service or request a quote for a sale, we create an account of You with Us. You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account and usage of Our Service.

You may not use the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

HOW IT WORKS

Here’s How It Works.

Sales Intake:

We will work with you via phone/ email/ in-person to gather your requirements for the job. Please email us at info@seamlesspromotions.com or call us at 406-531-8446 with any questions or concerns or if you do not understand our processes.

We will need to collect the following information from you:

  • Personally Identifying Information, such as your first/last name, phone number, shipping/billing address, email address.
  • Business Information, such as business name, tax ID #, website, etc.
  • Artwork Information
  • Garment information
  • Quantity
  • Due dates (these are not always guaranteed)
  • Payment information
Art:

We charge $65.00 per hour to create custom art. We can design for you, or you can provide your own art.

Customer provided artwork must be:

  • In a vector format
  • Raster (300 dpi or more)

If you’re not sure that your art meets our requirements, contact us at info@seamlesspromotions.com, and we will let you know whether it means our requirements and provide you with a quote, if not.

Art approval:

You must provide your approval on every order of print-ready art, whether you provide it, or whether we create it.

We will send an approval through our proposal process via a direct system link or link via email from our main system. Please respond to the proposal within 48 hours, or we cannot guarantee availability of items, cost of items or production times.

You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any and all legal requirements that such communication be in writing.

Seamless Promotions is NOT responsible for any typographical mistakes or errors that overlooked and later approved by the customer. In addition, Seamless Promotions cannot be held responsible for any damages that may be incurred as a result of the error or mistake after the order has been accepted and the product has been embellished.

(For example: if an order is supposed to read “Happy Holidays”, but the customer approves the artwork with a typographical error, so the artwork reads “Hapy Holidays” (missing a “p” in “Happy”).

Seamless Promotions cannot be held responsible for the misprint because of the error. It is the Customers sole responsibility to make sure that whatever is “approved” is correct. Once the customer approves the proposal and order acknowledgement, we are not at liberty to make ANY changes to the order. Whether correct or with errors, the order is printed exactly as approved by the Customer. For this reason, it is VERY IMPORTANT to carefully look over EVERYTHING before replying with your approval.

Art revisions and changes:

 We charge $65 per hour to create or edit your artwork. After the initial art is created, we will offer (1) one round of complimentary revisions. Any art changes beyond the first incur our art fee of $65 per hour.

Quoting:

Based on your specifications, we will provide a quote at no charge. This quote will be valid for 48 hours. We cannot guarantee availability, cost or timeline beyond that 48 hours.

Quote approval:

You MUST approve every Quote through our proposal system. Before you “Approve” Please confirm that:

  • Quantities, garments, and artwork are correct
  • Pricing is correct
  • Delivery details are correct (date and location)
  • There are NO Typos, or grammatical errors

Please respond within 48 hours, or we may have to cancel or delay production of your order.

Cancellations:

All orders are considered “firm” once “Approved”. No cancellations on ordered merchandise are accepted. Cancellations made prior to ordering may be permitted on an individual basis, subject to charges for artwork in progress, completed custom digitizing and return merchandise acquired including all restocking fees and shipping costs incurred by Seamless Promotions.

Customer Supplied Apparel:

Seamless Promotions, at its sole discretion, may embroider/screen print customer supplied garments; however, we do not encourage it. There is a slight chance that our machines will malfunction, or there may be unavoidable human error, therefore, we cannot assume responsibility of your garment.

The customer assumes ALL liability for any customer supplied items that sustain damage while at our business location. Seamless Promotions will not replace customer-supplied goods if this occurs.

Please note: Seamless Promotions will take the best possible care with supplied goods. However, any machine is subject to occasional malfunction, and there is always the possibility of human error.

Seamless Promotions reserves the right to decline the acceptance of customer-supplied goods.

The garments MUST be NEW material only.

All setup and art fees will still apply, and minimum quantities may be required.

All embellishments to customer supplied goods will be billed at twice the normal embellishment rate.

Must pay the minimum fee regardless of quantities/ difficulty of the decoration.

Shipping or pick-up:

We offer shipping or on-site pick up. Shipping fees are charged at market rate. On-site pickup is free.

Spoilage and misprints:

Mistakes happen! We will work with our Customers on a case-by-case basis if the mistake is the fault of Seamless Promotions. (Embellishment, garment, or quantity does not match what the Customer “Approves”). Any mistakes made by the customer are not eligible for replacement.

Refunds and returns:

We do not offer refunds or returns. We may work with you on a case-by-case basis if we have made an error.

Liability of Use

We may not be held liable for misuse or harm arising from the use of our products or services.

This includes:
  • Copyrighted material
  • We will not knowingly reproduce copyrighted material. We are not liable for any copyright claims, lawsuits, or issues arising from the illegal use of copyrighted material.
  • Missed deadlines for events
  • Shipping errors
  • Misprints
  • Spoilage
  • Breach of contract
  • Late orders
Property rights

 Unless otherwise noted, we claim ownership for all artwork created by us for any project. We offer a one-time transfer of ownership on art we create – for a fee (when and if applicable).

Exception: we waive the right to customer-supplied artwork that we do not make any changes to.

Payment terms

Payment is due at time you “Approve” a quote sent from us. We require payment in full at the time the order is placed. We will consider taking ½ down payments on a limited case by case basis. If you want to be considered for ½ down terms – you must get approval from us before accepting the quote. However, we DO NOT offer payment terms – EVER. Payment in full is REQUIRED before we allow orders to be picked up, delivered or shipped.

You may pay with cash, check, and all major credit card providers. We will typically ask you to pay directly through your Invoice, online, through our approval process. We will never initiate contact and ask for payment information. Do not provide payment information this way.

Non-payment: if payment is not received in full at the time you accept the proposal, we will NOT order your product or produce your order. It is only after we have received payment in full that we will put your order into production. Please note: Failure to pay in full may result in failure to complete your order on time.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

Our artwork may not be used in connection with any product or service without the prior written consent of the Company.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Seamless Promotions.

Seamless Promotions has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Seamless Promotions shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third- party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the State of Montana, Country of the United States of America, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting Seamless Promotions.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us: