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Ordering Terms & Conditions

PURCHASE TERMS & CONDITIONS
Digital Creations Co.
Version: 1.3
Effective Date: April 20, 2026

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By placing an order with Digital Creations Co. (“Company”), the Client agrees to the following:

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I. BASICS

  • Updates to Terms

    • The Company reserves the right to update these Terms & Conditions at any time. Any updates will apply to future orders only. The Terms & Conditions in effect at the time of order and proof approval shall govern that order.

  • Orders & Proof Approval

    • All orders require final proof approval prior to production. Client approval (written, electronic, or verbal) confirms that all content, layout, sizing, colors, and specifications are accurate. Once approved, no changes may be made, and the Company is not responsible for any errors discovered after approval.

    • The approved proof supersedes all prior communications, discussions, or expectations, whether written or verbal.

    • The Client acknowledges that any risks related to artwork quality, scaling, formatting, or design are accepted upon proof approval.

  • Payment Terms

    • Payment is due as stated on the invoice. Orders may not enter production until payment is received unless otherwise agreed in writing. The Company reserves the right to cancel or delay any order due to non-payment. All payments are non-refundable once production has begun.

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II. PRODUCTION & TIMELINES

  • Production & Turnaround Times

    • All production and delivery timelines are estimates based on typical production schedules and are not guaranteed.

    • Standard production may take up to fourteen (14) business days or longer depending on order volume, complexity, and operational factors.

    • Production timelines begin only after both payment is received and final proof approval is completed.

    • The Client acknowledges that production involves variables that cannot be fully predicted or controlled, including but not limited to material availability, equipment capacity, workload, and third-party dependencies.

    • Delays in production or delivery do not constitute grounds for cancellation, refund, chargeback, or liability.

    • The Company is not liable for delays caused by these variables or by circumstances beyond its control, including but not limited to shipping carriers, weather, equipment issues, or supply chain disruptions.

  • Need-By Dates & Deadlines

    • Any requested delivery date, event date, or “need-by” deadline must be clearly communicated by the Client and explicitly agreed to in writing by the Company.

    • Unless expressly stated as guaranteed in writing, all deadlines remain estimates and are not guaranteed.

    • Even if a deadline is discussed or acknowledged, it shall not be considered guaranteed unless expressly confirmed in writing by the Company.

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III. CLIENT RESPONSIBILITY & LEGAL RISK

  • Client Responsibilities

    • The Client is solely responsible for all content provided or approved, including accuracy, spelling, grammar, layout, sizing, and compliance with all applicable laws and regulations.

    • The Client represents and warrants that all submitted content is owned or properly licensed and does not infringe on any intellectual property rights.

    • The Client is responsible for ensuring all files meet required specifications (including resolution and formatting) unless design services are explicitly provided by the Company.

    • Any failure to comply with this section constitutes a material breach of these Terms.

  • Intellectual Property & Compliance

    • The Client represents and warrants that they have full rights to use all submitted content, including text, images, and logos. The Client assumes full responsibility for any claims related to copyright, trademark, or improper use of materials. The Company is not responsible for verifying legal compliance, including but not limited to political disclaimers, advertising laws, or regulatory requirements.

  • Political and Campaign Compliance

    • For political, campaign, or issue-based materials, the Client is solely responsible for compliance with all applicable laws, including but not limited to Minnesota Statutes Chapter 211B and any applicable federal regulations.

      • This includes, but is not limited to:

      • Proper disclaimer language

      • Attribution requirements

      • Formatting and placement compliance

      • Truthfulness and legal permissibility of content

  • The Company does not provide legal advice and does not review, verify, or guarantee legal compliance of any materials.

  • The Client acknowledges that enforcement agencies may pursue both the campaign and third-party vendors and agrees that the Company shall bear no responsibility for any such enforcement actions.

  • Failure to comply with applicable laws constitutes a material breach of these Terms.

  • Resizing, scaling, or modifying artwork to fit different dimensions or products may affect layout, proportions, or visual quality. The Client accepts these risks upon proof approval.

  • If the Company provides recommendations regarding design, layout, or file quality and the Client chooses to proceed against those recommendations, the Client assumes full responsibility for the final output.

  • The Client is responsible for ensuring that all submitted files meet required specifications, including resolution, sizing, and formatting. The Company is not responsible for print quality issues resulting from low-resolution, compressed, or improperly formatted files.

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IV. PRODUCT EXPECTATIONS

  • Color & Print Variations

    • Color variations between digital proofs and final printed products are normal and not considered defects. Proofs are not to scale unless explicitly stated.

  • File Quality Responsibility

    • The Client is responsible for ensuring that all submitted files meet required specifications, including proper resolution, sizing, and formatting, unless design services are explicitly provided by the Company.

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V. LIABILITY PROTECTION

  • Limitation of Liability

    • To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to lost profits, business losses, campaign-related losses, or data-related losses.

    • In all cases, the Company’s total aggregate liability for any and all claims arising out of or related to any order or services shall not exceed the total amount paid by the Client for the specific order giving rise to the claim.

  • Indemnification

    • The Client agrees to indemnify, defend, and hold harmless the Company, its owners, employees, contractors, and agents from any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorney fees) arising out of or related to:

  • Content provided or approved by the Client

    • The Client’s use of the final product

    • Any violation of applicable laws or regulations

    • Any actual or alleged infringement of intellectual property rights

    • Any regulatory action, enforcement proceeding, or legal claim

    • This obligation applies regardless of whether such claims arise before, during, or after completion of the order and shall survive termination of the agreement.

  • No Guarantees

    • The Company makes no guarantees regarding the performance, effectiveness, or results of any printed materials or services provided.

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VI. DELIVERY & POST-DELIVERY

  • Shipping & Risk of Loss

    • All products shipped via third-party carriers become the Client’s responsibility once delivered to the carrier. The Company is not responsible for shipping delays, damage, or loss caused by the carrier.

  • Inspection & Claims

    • The Client must inspect all products upon receipt. Any defects, damages, or issues must be reported in writing within five (5) business days of delivery. Failure to notify within this timeframe constitutes acceptance of the product.

  • Limited Remedy

    • In the event of a verified production defect that the Company agrees with, the Company’s sole obligation is, at its discretion, to reprint the order or issue a refund of the original purchase price. No other remedies are available.

    • Production defects do not include issues arising from approved design, layout, file quality, or color expectations.

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VII. LEGAL & DISPUTES

  • Attorney Fees

    • In any dispute arising out of this agreement, the prevailing party shall be entitled to recover reasonable attorney fees and costs.

  • Governing Law

    • This agreement shall be governed by and interpreted in accordance with the laws of the State of Minnesota. Any legal action shall be brought exclusively in state or federal courts located within the State of Minnesota.

  • Chargebacks & Payment Disputes

    • The Client agrees not to initiate a chargeback or payment dispute without first contacting the Company to resolve the issue. Approved proofs and completed work constitute valid delivery of services. The Client is responsible for any fees, costs, or time incurred by the Company in responding to unjustified chargebacks.

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VIII. GENERAL TERMS

  • Force Majeure

    • The Company is not liable for failure or delay in performance due to events beyond its reasonable control, including but not limited to natural disasters, acts of God, labor shortages, equipment failure, or supply chain disruptions.

  • Entire Agreement

    • These Terms & Conditions, along with any approved proof or invoice, constitute the entire agreement between the Company and the Client and supersede all prior discussions or agreements.

  • No Waiver

    • Failure by the Company to enforce any provision of these Terms shall not constitute a waiver of any rights or provisions.

  • Electronic Acceptance

    • Electronic approvals, including email or message confirmation, shall be considered legally binding.

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IX. SPECIAL CONDITIONS

  • Rush Orders

    • Rush production may be available for an additional fee, but does not guarantee delivery dates. The Company is not liable for delays on rush orders.

  • Abandoned Projects

    • If the Client fails to respond or approve proofs within 30 days, the project may be considered abandoned. Any payments made are non-refundable, and the Company is not obligated to complete the order.

  • Pick-up Items

    • When pick-up is selected, completed orders not picked up within 5 business days may be subject to storage fees or disposal at the Company’s discretion.

  • Design Ownership

    • All designs created by the Company remain the property of the Company unless otherwise agreed in writing. The Client is granted a limited license to use the final product as delivered.

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