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General Company Policies

By working with our company you agree to the following General Company Policies.
As a customer it is your responsibility to read and understand them.

Customer Supplied Items

Any items supplied by the customer are not guaranteed and/or will NOT be replaced if any errors, damage and/or unexpected results. We will however redo the job if the items are supplied to us again. Whether it is the first time, second time or any time we redo a customer supplied item job due to any errors the items still go under the Customer Supplied Items policy and WILL NOT be replaced.


Dye Migration

Garments made with polyester, either 100% or blend, may have a problem with dye migration. For example, a red t-shirt printed with white ink may turn a shade of pink immediately or over time. Garments that are 100% cotton do not have this problem. We use inks designed to deal with this but there is a tendency even though this “bleeding” does not happen all the time. South Shore Custom Prints, SS Custom Prints cannot be held responsible or liable for this problem because we never know which garments will bleed out.


Damage and/or Shortage Allowance

The allowance is 2% of the quantity of the order rounded up to the nearest unit. This is an industry standard and South Shore Custom Prints, SS Custom Prints will not be held liable and/or replace any items within this allowance.


LIABILITY

Sample, Artwork and Approvals

Your approval to print your job is FINAL. It is your responsibility to ensure that there are no errors. What appears on the proof is what will be printed. ANY oversights that require your job to be reprinted will be done at YOUR expense. Artwork and Samples are for viewing purposes ONLY and are not to be used in any way unless agreed by South Shore Custom Print/SS Custom Prints. Rights to artwork are NOT included with printing purchases unless otherwise agreed upon.


NEW CUSTOMERS

Screen Printing

If an order does not match the spec’s we provided in the Sample PDF we will offer one of the following options:
A discount on the order depending on the severity.
Replace the items and re-decorate the items.
Refund the items that were returned to us.
These options are decided by South Shore Custom Prints/SS Custom Prints and not the customer.


Ink colors

Ink colors are only matched if the customer supplies and requests Pantone colors. The color of the cured ink will vary on the color of the fabric they are printed on which South Shore Custom Prints/SS Custom Prints is not liable.


Embroidery

In some cases we may offer a Sample PDF, but in most cases we do not. If a customer requests a “sew-out” we will provide one. Although we use the best equipment and embroidery products (backing, topper, thread, etc.) there will be different outcomes that are expected in the industry. An example; Small text, depending on the fabric the letters may be crowded and hard to read. Missed trims from the machine which have to be manually trimmed. Due to the nature of embroidery this is acceptable and the customer understands this when ordering embroidery work from South Shore Custom Prints/SS Custom Prints. Refunds whether partial or full must be approved by South Shore Custom Prints/SS Custom Prints. Thread colors are not 100% matched unless the customer supplies and requests Pantone colors which is an additional fee for the custom thread. Also, some threads will vary in color and we are not liable. If a customer requests a “sew-out” and when the customer picks up their order and the embroidery does not match the “sew-out” we will offer one of the following options:
A discount on the order depending on the severity.
Replace the items and re-decorate the items.
Refund the items that were returned to us.
These options are decided by South Shore Custom Prints/SS Custom Prints and not the customer.
These options are decided by South Shore Custom Prints/SS Custom Prints and not the customer.


REPEAT CUSTOMERS

The same policies as NEW CUSTOMERS above with the following EXCEPTIONS:

Screen Printing

When reprinting the same job for a repeat customer we use the same film, process and ink as the previous time we did the job. There will be NO REFUNDS unless South Shore Custom Prints/SS Custom Prints agrees to offer a discount or partial refund. FULL REFUNDS are not allowed with repeat customers because the same printing was done in the past and was approved at that time. When a repeat customer returns for a reprint of a previous job they agree that the order is preapproved and no refunds will be requested and/or accepted.


Embroidery

When re-embroidering the same job for a repeat customer we use the same digitized file, process, thread, backing and topper that we used the previous time we did the job. There will be NO REFUNDS unless South Shore Custom Prints/SS Custom Prints agrees to offer a discount or partial refund. FULL REFUNDS are not allowed with repeat customers because the same embroidery was done in the past and was approved at that time. When an existing customer returns for additional embroidery of the same previous job they agree that the order is preapproved and no refunds will be requested and/or accepted.


SHIPPING

No shipping fee’s (to or from South Shore Custom Prints/SS Custom Prints) are refundable. We are not responsible for any items shipped to or from South Shore Custom Prints/SS Custom Prints.


15% RESTOCKING FEE

If you elect to cancel your order after we have already purchased the wholesale blank goods, but before they have been embellished, then you will need to pay a 15% restocking fee. The restocking fee represents our real costs to return the blank items back to the wholesaler. We must always pay a restocking fee to return any goods as well as the freight costs to transport the goods. Once a job has started there are NO returns or refunds for the garments.


Notify Us

If you feel that we are not abiding by these General Policies, you should contact us immediately via telephone – 919-639-5000 or via email - info@sscustomprints.com.





1. The Service and Associated Software.

Customer and users of the Service under Customer’s account (“End Users”) may access and use the Services in accordance with this Membership Agreement and Online Design Studios’s User Terms of Service. Online Design Studios may update or modify the Services from time to time. If, in Online Design Studios’s reasonable judgment, any such modification to the Service materially reduces the Service’s functionality, Online Design Studios will inform Customer via the email address associated with Customer’s account no less than twenty (20) days prior to such change. We provide certain downloadable client software applications (the “Software”) for use in connection with the Service. This Software is updated automatically and, if such Software is designed for use on a mobile device, then a compatible mobile device is required for use. The license being granted to Customer hereunder does not constitute a sale of the Software or any copy thereof, and as between Online Design Studios and Customer, Online Design Studios retains all right, title, and interest in the Software. Online Design Studios will use technical and organizational security measures to protect the integrity of Customer Data and to guard against the unauthorized or unlawful access to, use of or processing of such Customer Data. For purposes of this Membership Agreement, “Customer Data” shall mean the structured data and any files or attachments submitted to the Service by Customer, as well as the account and contact information submitted to the Service by Customer and its End Users. Online Design Studios will take steps to protect the Service and Software from any viruses, backdoors, Trojans, or other computer code that is designed to disrupt, disable or harm the operation of the Service or Software. If Customer has engaged a third-party purchasing agent to purchase seats on its behalf, such purchasing agent is not the Customer, and Customer agrees that Customer is still solely responsible for compliance with this Membership Agreement.


2. Customer Obligations.

3. Customer’s Use of Third Party Services.

Online Design Studios does not warrant or support any third party service (e.g., a service that utilizes the Online Design Studios API in connection with Customer’s use of the Service) and will not be responsible for any act or omission on the part of such third party or its service.


4. Intellectual Property Rights.

5. Fees and Payment.

By subscribing to the Service and providing payment account information, Customer agrees to these payment terms and conditions. If Customer subscribes to the Service under any promotional membership fee, some additional restrictions may apply. These restrictions, if any, will be provided to Customer before Customer signs up for the Service that is subject to the promotion. Free or discounted introductory offers are only available to new users of the Service, except where expressly stated. Fees are non-refundable except as required by law or as explicitly set forth herein. Customer will pay all applicable fees when due and, if such fees are being paid via credit card or other electronic means, Customer authorizes Online Design Studios to charge such fees using Customer’s selected payment method. By default, customer accounts are set to auto-renew and require recurring payments. Fees will be charged on an annual, quarterly or monthly basis based on Customer’s membership. Online Design Studios may automatically charge Customer for such renewal on or after the renewal date associated with Customer’s account unless Customer has terminated the Service or Online Design Studios terminates the Service. Customer must cancel the Service prior to its renewal date in order to avoid billing of the next period’s fee. If Customer chooses to cancel the Service, Customer may use the Service until the end of the current period but will not be issued a refund for the most recently (or any previously) charged fees. Customer can cancel Service anytime by calling or emailing us requesting cancellation prior to its renewal date.

Online Design Studios may revise fee rates and/or the billable amount structure for the Service from time to time and will provide Customer’s designated administrator(s) with email notice of any changes in fees at least thirty (30) days prior. Customer is responsible for providing complete and accurate billing information to Online Design Studios. Online Design Studios may suspend or terminate Customer’s use of the Service if fees become past due. Customer is responsible for all taxes (excluding taxes on Online Design Studios’s net income) and Online Design Studios will charge tax when required to do so by law.

If Customer requires the use of a purchase order or purchase order number, Customer (a) must provide the purchase order number at the time of purchase; and (b) agrees that, except for any amendments to this Membership Agreement that are clearly marked as such on the face of the Purchase Order, any terms and conditions on a Customer purchase order that conflict with this Membership Agreement will not apply and are null and void.


6. Term and Termination.

This Membership Agreement will remain in effect until Customer terminates its membership to the Service or until this Membership Agreement is otherwise terminated as provided for herein. Customer may terminate this Membership Agreement at any time. In addition, either party may terminate this Membership Agreement if: (a) the other party is in material breach and fails to cure such breach within twenty (20) days following receipt of written notice from the non-breaching party; (b) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within 90 days. In the event that this Membership Agreement is terminated, (i) the rights granted to Customer pursuant to this Membership Agreement (except as specifically set forth in this section) will cease immediately; and (ii) any premium features provided to Customer will cease to be provided.


7. Confidentiality.

8. Indemnification.

9. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT IN CONNECTION WITH THEIR RESPECTIVE INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT SHALL EITHER PARTY OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE UNDER THIS MEMBERSHIP AGREEMENT FOR (I) ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; OR (II) LOSS OF USE, DATA, BUSINESS REVENUES, PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), GOODWILL, OR OTHER INTANGIBLE LOSSES. UNDER NO CIRCUMSTANCES WILL ONLINE DESIGN STUDIOS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR CUSTOMER’S ACCOUNT OR THE INFORMATION CONTAINED THEREIN BY ANY THIRD PARTY. THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER A PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT IN CONNECTION WITH ITS INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT SHALL ONLINE DESIGN STUDIOS BE LIABLE TO CUSTOMER FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT PAID BY CUSTOMER TO ONLINE DESIGN STUDIOS HEREUNDER DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.


10. Hosting of the Service; Export Restrictions.

The Service is controlled and operated from facilities in the United States. Online Design Studios makes no representations that the Service is appropriate or available for use in other locations. Customers who access or use the Service from other jurisdictions (or who allow their End Users to do so) do so of their own volition and are responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. If Customer is located outside of the United States, Customer agrees that Online Design Studios may transfer, store and process Customer Data in locations other than Customer’s country. Online Design Studios complies with the U.S. – E.U. Privacy Shield Framework and the U.S. – Swiss Privacy Shield framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from European Union member countries and Switzerland. The export and re-export of Content via the Service may be controlled by the United States Export Administration Regulations or other applicable export restrictions or embargo. The Service may not be used in any country that is subject to an embargo by the United States and Customer may not use the Service in violation of any export restriction or embargo by the United States or any other applicable jurisdiction. In addition, Customer must ensure that the Service is not made available for use by persons or entities blocked or denied by the United States government.


11. Modifications.

Online Design Studios may revise this Membership Agreement from time to time by posting the modified version on its website at least twenty (20) days prior to the effective date of the modifications being made; provided, however, that no such modification shall include a reduction in Customer’s rights or Online Design Studios’s obligations unless affirmatively agreed to by Customer in advance. If, in Online Design Studios’s sole and reasonable discretion, the modifications being proposed are material, Online Design Studios will notify Customer of such proposed modifications via email to the email address associated with Customer’s account. By continuing to access or use the Service after the posted effective date of modifications to this Membership Agreement that do not include a reduction in Customer’s rights or Online Design Studios’s obligations hereunder, Customer agrees to be bound by such modifications.


12. Governing Law; Binding Arbitration and Class Action Waiver.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

This Membership Agreement will be governed by the laws of the State of Massachusetts without regard to its conflict of laws provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Claims relating to this Agreement or the Service will be resolved through final and binding arbitration, except as set forth below. The parties agree that the Membership Agreement affects interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. Initial Dispute Resolution: The parties agree that most disputes can be resolved without resort to litigation. The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with each other, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration. Accordingly, before initiating a lawsuit or arbitration, Customer Agrees to contact Online Design Studios to attempt to resolve the dispute in good faith. Binding Arbitration & Class Action Waiver: If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time the informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to the Agreement (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, excluding any rules or procedures governing or permitting class actions. Thus, THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in state or federal court located in Massachusetts. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Membership Agreement, including, but not limited to any claim that all or any part of the Membership Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the Parties and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Arbitration will be held in Massachusetts. If any court or arbitrator determines that this arbitration provision is void or unenforceable for any reason or that the parties are not bound to arbitrate their claims, then the disputes, claims or controversies deemed not to be subject to arbitration must be litigated in state or federal court located in Massachusetts. Exception: Litigation of Intellectual Property Claims: Notwithstanding the foregoing, disputes, claims, or controversies concerning (1) either party’s patents, copyrights, moral rights, trademarks, and trade secrets or (2) claims of piracy or unauthorized use of the Services (collectively, “IP Claims”) shall not be subject to arbitration.

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