Terms of Service

1. About Our Services

Promotions Guy LLC, doing business as Promotions Guy, provides products and services that may include:

• Custom promotional merchandise
• Screen printing and apparel decoration
• Embroidery and other customization methods
• Signs, banners, and printed materials
• Graphic design and artwork services
• Branded products for businesses, attractions, nonprofits, and other organizations
• Related marketing, sourcing, and fulfillment services

Products and services are subject to availability, applicable specifications, and order acceptance.

2. Quotes and Pricing

We work to provide accurate, transparent quotes based on the information available when a quote is prepared.

Pricing may depend on:

• Product selection and specifications
• Order quantity
• Decoration methods and imprint locations
• Artwork preparation and design requirements
• Manufacturing and supplier costs
• Shipping, freight, and delivery requirements
• Applicable taxes, duties, and other charges
• Production timelines and rush requirements

Quotes remain valid for the period stated in the quote. Where no validity period is specified, pricing and availability may be reconfirmed before order acceptance.

A quote is not a guarantee of availability or acceptance of an order.

If an error is discovered or a material cost changes before an order is accepted, we may provide corrected pricing for customer approval.

Once an order is accepted, pricing will be governed by the accepted order terms and any mutually approved changes.

3. Order Acceptance and Changes

Submitting a purchase order, accepting a quote, or requesting production does not automatically require Promotions Guy to accept an order.

An order is accepted when Promotions Guy confirms acceptance in writing or otherwise expressly agrees to proceed.

We may decline orders due to unavailable products, inaccurate specifications, pricing errors, suspected fraud, legal concerns, or other legitimate business reasons.

After acceptance, requests to modify an order are subject to production status, supplier requirements, additional costs, and our written approval.

Changes may affect production schedules and delivery estimates.

4. Artwork and Intellectual Property

Customers are responsible for ensuring they have the legal right to use all logos, artwork, photographs, trademarks, slogans, and other materials they provide.

By submitting materials for a project, you grant Promotions Guy and its authorized production partners a limited license to reproduce, modify as necessary for production, and use those materials to prepare quotes, proofs, samples, and completed products.

This license is limited to activities reasonably necessary to perform the requested services.

You retain ownership of the intellectual property rights you already hold in customer-supplied materials.

Customers agree not to submit materials that violate another party's intellectual property rights or applicable law.

To the extent permitted by law, customers agree to defend and indemnify Promotions Guy against third-party claims arising from materials supplied or authorized by the customer that infringe intellectual property rights or violate applicable law, except to the extent caused by Promotions Guy's own wrongful conduct.

We reserve the right to refuse projects that we reasonably believe may violate intellectual property rights or applicable law.

5. Graphic Design and Custom Artwork

Promotions Guy may provide graphic design, artwork preparation, logo development, and related creative services.

Ownership and usage rights for newly created designs are governed by the applicable written quote, project agreement, or other written arrangement.

Unless expressly agreed otherwise, payment for design services does not automatically transfer ownership of preliminary concepts, production templates, source files, fonts, licensed materials, or proprietary production methods.

Any agreed transfer or license of final creative work is subject to payment in full and any applicable third-party licensing restrictions.

Additional design revisions, file preparation, or work outside the agreed scope may result in additional charges, subject to customer approval.

6. Proofs and Customer Approval

We want your finished products to be awesome, and careful proof approval is an essential part of the process.

Before production, we may provide digital or physical proofs showing proposed artwork, placement, colors, and other specifications.

Customers are responsible for reviewing proofs carefully, including:

• Spelling, grammar, and punctuation
• Artwork and logo accuracy
• Product type and quantity
• Colors and imprint methods
• Design placement and sizing
• Names, dates, and other details
• Shipping and delivery information

Approval by email, written acknowledgment, or an approved electronic system may constitute authorization to proceed with production.

Promotions Guy is not responsible for errors that were clearly presented in an approved proof and were not caused by an unauthorized change or production error.

Changes requested after proof approval may result in additional charges or production delays.

7. Colors, Materials, and Production Variations

Custom manufacturing involves processes that may produce reasonable variations.

Slight differences may occur between:

• On-screen colors and physical products
• Digital proofs and finished merchandise
• Separate production runs
• Different printing and decoration methods
• Manufacturer samples and finished production
• Individual product units

Computer monitors, lighting conditions, material composition, and production methods can affect appearance.

Unless specifically agreed in writing, digital proofs do not guarantee exact color reproduction.

Customers requiring specific Pantone colors, precise measurements, specialized materials, or strict production tolerances should communicate those requirements before accepting an order.

Promotions Guy will make reasonable efforts to meet agreed production specifications.

Any permitted quantity variances or special tolerances must be disclosed in the applicable order terms.

8. Production Timelines and Delivery

We understand that many promotional products are needed for events, openings, conferences, and other important deadlines.

Production timelines and delivery dates are estimates unless expressly guaranteed in writing.

Production may depend on customer approvals, product availability, manufacturing capacity, and shipping conditions.

Delays may result from circumstances including:

• Delayed artwork approvals
• Supplier or manufacturing disruptions
• Product shortages
• Shipping carrier interruptions
• Customs or international shipping delays
• Severe weather and natural disasters
• Other events outside our reasonable control

We will make reasonable efforts to communicate material delays and assist in finding practical solutions.

If a specific delivery date is essential, the customer should notify Promotions Guy before placing the order and obtain written confirmation of any guaranteed deadline.

Additional fees may apply to expedited production or shipping.

9. Shipping and Fulfillment

Shipping costs may be included in a quote or charged separately as disclosed during the ordering process.

Customers are responsible for providing accurate delivery addresses and any special shipping instructions.

Additional shipping costs may arise from incorrect addresses, delivery changes, refused shipments, or requested special handling.

For international orders, customs duties, import taxes, brokerage fees, and other destination charges are the customer's responsibility unless otherwise agreed in writing.

Responsibility for shipment loss or damage will be determined by applicable law and the agreed shipping terms.

Please notify us promptly of missing, damaged, or incomplete shipments so we can investigate and assist with resolution.

10. Returns, Refunds, and Order Cancellations

Because most of our products are manufactured or decorated specifically for each customer, custom products generally cannot be returned or refunded for a change of mind after production begins.

11. Payments and Billing

Payment requirements are established in the applicable quote, invoice, or customer agreement.

Depending on the project, Promotions Guy may require:

• Payment in full before production
• A deposit
• Payment upon completion
• Approved account terms for qualified customers

Production may be delayed or suspended when required payments are not received.

Customers are responsible for applicable taxes, approved charges, and valid outstanding balances.

Any late fees, finance charges, or collection costs must be authorized by the applicable agreement and permitted by law.

12. Product Availability and Supplier Relationships

Promotions Guy works with outside suppliers, manufacturers, decorators, and fulfillment partners.

We may select or engage appropriate vendors to fulfill orders.

Product availability, styles, colors, sizes, and manufacturer specifications may change.

If an ordered product becomes unavailable, we may offer a reasonably comparable alternative for customer approval.

We will not knowingly substitute a materially different product without authorization.

13. Customer Responsibilities

Customers agree to:

• Provide accurate order and contact information
• Respond promptly to requests for clarification or approval
• Review all proofs and order confirmations
• Obtain appropriate rights to submitted artwork
• Use purchased products in accordance with applicable laws and product requirements
• Communicate special deadlines and quality requirements before production

Customers are responsible for confirming product suitability for their intended use, including any specialized safety, regulatory, age-related, or industry-specific requirements they communicate to Promotions Guy.

We remain responsible for our own obligations under applicable law and the accepted order terms.

14. Website Usage

Visitors agree not to:

• Use the website for unlawful purposes
• Attempt to gain unauthorized access to our systems
• Introduce malware or interfere with site functionality
• Scrape or extract website content in violation of applicable law or our rights
• Misrepresent their identity or submit fraudulent requests
• Infringe on intellectual property rights

We reserve the right to restrict access or take appropriate action in response to unlawful or abusive activity.

15. Website Content and Intellectual Property

Website text, graphics, branding, photographs, original designs, and other materials owned by Promotions Guy are protected by applicable intellectual property laws.

You may view our website and use its content for ordinary personal or business evaluation.

You may not reproduce, republish, distribute, or commercially exploit our protected content without authorization, except as permitted by law.

Third-party product images, trademarks, and brand names remain the property of their respective owners.

16. Third-Party Websites

Our website may link to external catalogs, forms, social media platforms, and other third-party services.

These services may have their own terms and privacy policies.

Promotions Guy does not control independently operated third-party websites and is not responsible for their content or practices.

17. Warranties and Disclaimers

We aim to provide quality products and dependable service.

Our specific obligations are those set out in an accepted order, any applicable written warranty, and applicable law.

To the maximum extent permitted by law, the website and its informational content are provided "as is" and "as available."

Except for express warranties, agreed specifications, and warranties that cannot legally be excluded, we disclaim other warranties to the extent permitted by law.

These disclaimers do not eliminate obligations that Promotions Guy is legally required to fulfill.

18. Limitation of Liability

To the maximum extent permitted by applicable law, Promotions Guy will not be responsible for indirect, special, incidental, or consequential damages, including lost profits, lost opportunities, or business interruption arising from an order or use of our services.

To the extent legally permitted, our aggregate liability arising from a particular order will not exceed the amount paid or payable to Promotions Guy for that order.

These limitations do not apply where prohibited by law and do not exclude liability for fraud, willful misconduct, or other matters that cannot legally be limited.

19. Events Beyond Our Control

Neither party will be responsible for delays or failure to perform nonpayment obligations caused by extraordinary circumstances beyond its reasonable control, including natural disasters, government actions, transportation disruptions, widespread infrastructure failures, and similar events.

The affected party will make reasonable efforts to reduce disruption and resume performance.

If a qualifying event materially prevents completion, the parties will work in good faith to determine an appropriate resolution consistent with applicable law and costs already incurred.

20. Governing Law and Disputes

Except where mandatory law requires otherwise, these Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles.

The parties agree to make a good-faith effort to resolve disputes informally before initiating legal proceedings.

Subject to applicable law and any separate written agreement, disputes will be handled in a court of competent jurisdiction in Florida.

Nothing in these Terms prevents either party from exercising rights or remedies that cannot legally be waived.

21. Changes to These Terms

Promotions Guy may update these Terms as our business, technology, or legal requirements evolve.

Revised Terms will be posted on our website with an updated effective date.

Changes will apply prospectively unless otherwise permitted by law or agreed upon by the parties.

Accepted orders will generally remain subject to the terms in effect when accepted, unless the parties agree otherwise.

22. Relationship to Individual Orders and Agreements

These Terms provide general conditions for our website and services.

A separately signed agreement or accepted written order may contain additional or different terms.

If an express provision in an authorized written agreement conflicts with these Terms, the specific written agreement controls for the relevant transaction.

23. Text Messaging Terms

Program name: Promotions Guy customer texts. When you text us, or opt in on our quote or contact form, you agree to receive text messages from Promotions Guy at (786) 901-7924. The messages are about your quotes, artwork proofs, orders and deliveries, and our replies to your questions. Message frequency varies. Message and data rates may apply. Reply HELP for help, or contact us at 844-279-5628 or info@promotionsguy.com. Reply STOP to cancel at any time; you will receive one confirmation message and no further texts. Carriers are not liable for delayed or undelivered messages. Consent to receive texts is not a condition of purchase.

24. Contact Information

If you have questions about these Terms or an existing order, please contact:

Promotions Guy LLC

Thank you for choosing Promotions Guy. We appreciate the opportunity to help bring your ideas to life!