SECTION 1 - OVERVIEW
Thank you for submitting a quote request form to Diskko LLC (“Diskko”).
We are Your Custom Apparel One-Stop Shop. We empower creators, brands, and influencers through end-to-end custom apparel solutions, specializing in high quality design, production and fulfillment services. Our services include, but are not limited to, consultation, graphic design, e-commerce setup, screen printing, embroidery, DTG Printing, finishing, fulfillment, and print-on-demand (collectively, the “Service” or “Services”).
We are proud to offer a large catalog of products from which you can choose for custom apparel and promotional services. From t-shirts to underwear, dress shirts to swimwear, we offer customizable blanks for any occasion. While we are headquartered in New Jersey, we work with the most prestigious local decorators across America to produce and fulfill your orders.
We are delighted to submit the accompanying quote to you, which also functions as your invoice. Upon paying the invoice, you hereby accept and agree to these Client Terms and Conditions (the “Terms and Conditions”). Questions about the Terms and Conditions should be sent to us at contact@diskko.com. Thank you for your business!
SECTION 2 – PLACEMENT OF ORDER
Quote. Any quote provided by Diskko to you is valid for 14 days only. At the expiration of those 14 days, product pricing is subject to change without notice, at our sole discretion. Once you accept a quote, it gets automatically converted into an invoice.
Minimums and Samples. We require a minimum order of 20 units for screen printing, DTG printing, and embroidery. We strive to keep our minimum order quantities low so that you can make sure your custom apparel meets your expectations before producing a larger run. Notwithstanding the foregoing, please inquire within if you would like to have a sample produced for a small fee. For fulfillment, finishing, and print-on-demand services, clients must be approved with special minimum order quantities per order.
SECTION 3 – DESIGN
Design Services. Diskko offers design services if you need logos or artwork touched up or made.
Digital Proofs and Mockups. Diskko provides free digital proofs and mockups with each order of custom apparel.
Revision. After generating proofs and mockups, we will only allow one free minor revision, such as resizing the design, placing the design in a different location, changing the color of the design, or changing spelling in a text design. After one revision, we charge a flat fee of $15 per revision and $65 per hour of design fees with a minimum of 1 hour. Please note that revisions may result in price changes, which you will be notified of, and invoiced for accordingly.
Art Guidelines. All art must be submitted at 300dpi resolution or higher, and preferably sized to actual print size. Vector files are preferred. Acceptable formats are EPS, PSD, AI, and PDF. You are welcome to send the design file as well as a PNG or JPEG mockup.
Copyright. All artwork produced by Diskko is owned by Diskko, unless purchased outright by the clients. The purchasing of the artwork must be discussed prior to releasing full rights of said artwork. By submitting artwork to us, you warrant that it is not copyrighted by any third party and that you are permitted to submit it to us for printing. In the event the artwork is copyrighted or you are not permitted to submit it to us, you agree to indemnify and hold Diskko along with its officers, employees, and members harmless for all liability, damages, and attorney fees that may be incurred in any legal action connected with copyright infringement or the unauthorized use of the artwork provided and approved by you.
Disclaimer. We include the following disclaimer at the bottom of our proofs and mockups:
READ BEFORE APPROVING
Please review proofs to confirm that spelling, artwork, and content are correct.
Also note: proofs may not represent exact apparel styles. All colors displayed may look different in person than on your computer screen due to the individual monitor or screen color settings. It is the client’s responsibility to ensure that the proof is correct in all areas. Imprint sizing will be noted - placements shown on digital mockups are only to give a general idea of how that product will look and are not 100% accurate.
If a proof containing errors is approved, the client is responsible for all costs, including corrections and reprints.
SECTION 4 – COMMUNICATION
Timeliness. We expect and require timely responses to requests to provide direction, information, approvals, authorizations, or decisions that are reasonably necessary for us to perform Services. If our performance of Services is prevented or delayed by any act or omission of you or your agents, subcontractors, consultants, or employees, Diskko shall not be deemed in breach of its obligations or otherwise liable for any costs, charges, or losses sustained or incurred by you, to the extent arising directly or indirectly from such prevention or delay.
SECTION 5 – PAYMENT TERMS
Invoice. 100% of the invoiced amount is due at the time the order is placed, before we commence work on your order. Payment must be made by major credit card, check, wire transfer, or automated clearing house (ACH) transfer, and must be in US dollars.
SECTION 6 – ORDER CANCELLATION
Cancellation. In the event you would like to cancel an order, refunds or return of deposits will be based on the status of the order and may be subject to penalties and/or restocking charges at our sole discretion, at a minimum of 15% of your order.
SECTION 7 – TURNAROUND TIME
Turnaround. Depending on the size and complexity of your order, our standard turnaround is typically within twelve business days of final proof approval unless otherwise agreed. Please note that volume of orders fluctuates frequently, and we may require additional time to complete your order. You are encouraged to confirm the turnaround time before placing your order. We will use reasonable efforts to meet any performance dates to render Services, however, any such dates are estimates only. Please inquire about our current expected turnaround time when placing your order. Additionally, when finishing services are requested, it will require up to five additional business days to finish preparing your product.
Rush orders. Rush order availability (under twelve business days) changes frequently. Please contact us to inquire about rush order availability.
SECTION 8 – SHIPPING AND DELIVERY
Shipping Method. Products will be delivered via UPS or USPS to the address you provide to us, (“Delivery Location”) unless arrangements for warehousing or fulfillment services are made. A tracking number will be sent to you shortly after your order has been shipped. We may, in our sole discretion, without liability or penalty, make partial shipments of goods to you.
Shipping Time and Expenses. Shipping time is not included in our turnaround times. Shipping expenses are the sole responsibility of the client and will be added to your invoice unless otherwise agreed upon prior to your order. Shipping costs are included in all quotes. We will not be responsible for shipping to a wrong address if it was listed on your quote and you failed to correct the address upon quote approval.
Shipping Complications. We are not responsible for shipping transit complications for any reason such as errors, weather, strikes, or otherwise. Diskko assumes no responsibility for goods once they have shipped. If for any reason you fail to accept delivery of the goods on the date they are delivered by UPS or USPS, or if we are unable to deliver goods to the Delivery Location because (i) you have not provided appropriate instructions, documents, licenses, or authorizations or (ii) the wrong address was listed on your quote and you failed to correct the address upon quote approval, the goods are deemed delivered and we may store the goods until you provide updated shipping information, whereupon you will be responsible for all related costs and expenses including, without limitation, storage and insurance.
Split Shipping. We are happy to split ship your order. Shipments will be billed at current rates. Please send an itemized list detailing what quantities should be shipped to what address when placing your order. Split shipping changes after the order is submitted may result in additional charges.
Packaging. All orders will be bulk packaged, generally folded by the dozen, unless stated otherwise.
SECTION 9 – INSPECTION AND DAMAGED OR MISPRINTED GOODS
Checking Your Order. Please check your order and notify us in writing of any problems with your order within 72 hours of delivery. We will not be responsible for order errors after 72 hours.
Spoilage. We recognize the industry standard of a 2% damage rate for each job. This allowance will cover any damaged or misprinted items in relation to the total number of goods ordered for each individual job and these items will not be refunded or replaced at our cost. We will credit accounts for any spoilage in excess of 2% (rounded to the nearest whole number). If your job requires exact amounts, we ask that you provide us with extra of all required items to allow for error.
Decoration Variation. Due to potential inconsistencies in the goods used to produce your product, as well as the human element in creating the product, we follow the industry standard allowance of up to one-half inch in print location variance in all directions, as well as up to five-degree orientation variance from the intended print axis. If pantones are provided, we will do our best to be within one shade variation on any colors. Otherwise, it will be left up to the interpretation of the operator.
Seam, Collar, and Zipper Printing. Printing on or over any seams, collars, pockets, zippers or otherwise is subject to distortion, print imperfections, and/or other small inconsistencies. These are all considered acceptable goods and will not be considered misprints.
Client-Supplied Garments. We DO NOT accept client supplied garments.
Manufacturer Defects. Diskko is not responsible for manufacturer defects such as garment color inconsistencies, mislabeled sizes, loose stitching, label inconsistencies, or other garment defects. We cannot guarantee each garment. We highly recommend ordering 5% extra of each size to avoid the possibility of the aforementioned issues.
Blank Apparel Orders. We do not sell blank apparel in bulk. Single blank samples are available for purchase upon request if you wish to confirm a garment's specs before placing your print order.
Out of Stock Items. Diskko will not be responsible for items that are out of stock. All purchasing of products is done on order-by-order basis.
SECTION 10 – SPECIALITY TERMS
Specialty Terms. In certain circumstances, we will agree to specialized terms regarding the term of the agreement, the cost of the Services, fulfillment, warehousing, custom websites, customer service, e-commerce management, etc. for our clients. Any such terms will be agreed upon in a side letter, which is hereby incorporated by reference.
SECTION 11 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same client account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
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.
SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Diskko, our officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 13 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Diskko and our affiliates, partners, officers, 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 and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 14 - SEVERABILITY
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 15 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Service. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service (or any part thereof).
SECTION 16 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on our website (www.diskko.com) or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
SECTION 17 – FORCE MAJEURE
Neither party will be liable to the other for any failure or delay in fulfilling or performing any obligations that arise from acts beyond the party’s reasonable control.
These acts are called force majeure events and may include, but are not limited to the following: (a) acts of God; (b) flood, fire, earthquake, other potential disasters, such as epidemics, or explosion; (c0 war, invasion, hostilities, terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of the commencement of Service; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (I) other similar events beyond the reasonable control of the parties.
The party that cannot perform their obligations must notify the other party within 30 days, stating the period of time the occurrence is expected to continue. The party shall use diligent efforts to end the failure or delay and ensure the effects of such force majeure event are minimized. The party that halted its obligations shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.
In the event that the party cannot resume its performance within 365 consecutive days following notice of the stoppage, either party may terminate their obligations upon 30 days written notice.
SECTION 18 – ASSIGNMENT
You agree to not assign any of your rights or delegate any obligations under these Terms and Conditions without our prior written consent. Any purported assignment or delegation in violation of these Terms is null and void. No assignment or delegation relieves you from your obligations.
SECTION 19 – RELATIONSHIP OF THE PARTIES
Nothing in these Terms and Conditions shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between you and Diskko. You will not have the authority to contract for or bind us in any manner whatsoever.
SECTION 20 - GOVERNING LAW
These Terms and Conditions and any separate agreements whereby we provide you with Service shall be governed by and construed in accordance with the laws of New Jersey. Any legal suit, action, or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the State of New Jersey in each case located in New Jersey and County of Monmouth, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
By accessing this website we assume you accept these terms and conditions. Do not continue to use Website Name if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company's terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
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Unless otherwise stated, Company Name and/or its licensors own the intellectual property rights for all material on Website Name. All intellectual property rights are reserved. You may access this from Website Name for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
This Agreement shall begin on the date hereof.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Company Name does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Company Name,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Company Name shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Company Name reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
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The following organizations may link to our Website without prior written approval:
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.
We may consider and approve other link requests from the following types of organizations:
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Company Name; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Company Name. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
No use of Company Name's logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it's linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.