TERMS & CONDITIONS

Creative Services & Promotional Products Projects

 

I. PROMOTIONAL PRODUCTS: When you are being serviced by an Account Executive or one of our CSR's rather than purchasing products directly on our website, these terms and conditions of sale apply.


Prices are subject to change without notice. While we work to keep our pricing current for your convenience, our suppliers and manufacturers frequently change their pricing without notice when there is a fluctuation in their market. All pricing, production time and order details are contingent upon stock availability and our factory's schedule at the time of order placement.  All order information will be confirmed with our manufacturers upon receipt of your authorization to proceed and you will be notified of any changes should they arise.

 

Order Cancellations.

Most orders can be canceled any time within 24 hours of placement and/or before it goes into production. A minimum charge of $300.00 will apply to all canceled orders in addition to any Creative Services, Pre-production or production related costs incurred prior to order cancellation.  Once your order and production is underway, cancellations cannot be accepted. You will be responsible for full payment of any/all costs production-related costs incurred prior to cancellation. Please contact us immediately if you wish to cancel your order. 

Order Changes.

All changes must be in writing and may be subject to additional charges.  If changes are made to an order presently in production, your order will be put on hold, you will be billed for the charges incurred to date and a new preorder cost and production schedule will be assigned.

Pre-Production Proofs.

Proofs provide you with the opportunity to preview a production sample of your order and make any necessary changes prior to full production at a minimal cost. A pre-production proof is required for all orders and will be invoiced according to the production fees. It is the sole responsibility of the client to thoroughly examine the proof and to indicate acceptance or any changes in writing.  No order with an outstanding pre-production proof approval will be produced without written authorization.  Delays in written proof approvals may cause a delay in production and result in late delivery of merchandise. If you wish to waive your pre-production proof, you may sign our proof waiver form provided by your Account Executive or CSR, or you may download it here.

Damaged Shipments.

Damaged shipments must be claimed with the freight carrier. If any cartons are missing or damaged, be sure to note this on the freight bill. If you notice concealed damage after delivery, keep all the packing and call the freight carrier to return and inspect the damage and file a claim. We are not responsible for damage caused by the freight carrier. 

Manufacturing Defects.

Please check your merchandise thoroughly upon receipt. If a product appears to have a manufacturing defect, call or email your Account Executive or Customer Service Representative. Do not return products to us without first contacting us to receive instructions. If an item is to be returned due to a manufacturing defect, you must first receive a Return Authorization Number. Packages will not be accepted without a Return Authorization Number written clearly on the package.

Return Merchandise Policy.

You have 5 days from the date of receipt to file a return claim. Returns will not be accepted on decorated items unless the item has a manufacturing defect or there was an error on our part.

Once a return is authorized by our Return Department you should:

We cannot refund shipping costs unless the return was a result of a manufacturing defect or our error. You are responsible for all freight charges on shipments that are refused or returned with no fault on our part. We are not responsible for incidental or consequential damages or losses to defective products, errors in shipping your order or other errors. The limit of our liability is the replacement cost of any item you purchase from us.

Returns are not accepted for wrong sizes. Sizes vary by brand. Please refer to size charts before to confirm that you have selected the correct sizes. If you have questions about sizing please request additional clarification and assistance.

Overruns and Underruns Policy.

Due to manufacturing standards and production quality, there will occasionally be overruns or underruns on an order.  The industry standard for most is +/- 5%.  What this means is that a manufacturer may add 5% additional product to the print run in anticipation of rejecting the printing quality of some printed items.  Those rejected items will be removed from your order before shipment.  As a result, there may be up to 5% additional product shipped, or up to 5% product under-shipped.  We do our very best to reduce the possibility of this occurrence.

Sales Tax.

We charge and withhold the applicable sales tax for orders to be delivered to addresses in Massachusetts. We may change the jurisdictions in which we collect sales tax without notice. Each customer is solely responsible for all sales and use taxes, or other taxes not collected by us that are applicable to orders shipped to any other state, territory, or country.

Safety Compliance Disclaimer.

HGX assumes that the items quoted above are not intended for use by children under the age of 13. In accordance with the CPSIA, if said children are the intended recipients, then testing & certification are required. This will add time (approx. 2-4 weeks) and fees (quoted case by case). Please contact us.

Shipping.

We normally ship orders within the USA via UPS or FedEx.  Trucking carriers are used as needed for large (palleted) shipments.  We are happy to ship your order using your UPS or FedEx account if requested.  Final shipping charges will be determined upon order shipment and will be added to your final invoice.  Estimated shipping costs may be obtained in advance upon request.

The shipping method for your order is determined based on a combination of your in-hands date requirement as well as the item production time.  Our standard shipping method is UPS ground service.  You will be notified in advance if rush shipping is required to meet your deadline.  We will first obtain your approval before using any non-ground (air) shipping methods. 

Terms.

New and first-time client orders require a 100% deposit paid on either MC or Visa prior to order production. Applicable over-runs, tax and freight will be billed prior to delivery.  Credit terms may be extended to Net 15 at our discretion, subsequent to the first order and upon review of credit information.  

Credit will be extended to all customers who demonstrate both the ability to pay and history of timely payments of our order invoices. The credit department will evaluate all new customers to determine what payment terms and methods will be required and what level of credit will be established.

Trademarks.

Customer assumes complete responsibility for artwork and warrants that they have the right to use the marks, symbols, or designs depicted in the artwork. HGX Creative relies on the customer’s representation that they are authorized to utilize any copy or marks and Customer holds HGX Creative harmless and will indemnify HGX Creative for any and all claims resulting from printing, embroidery or other embellishments performed for customer by HGX Creative.

Conditional Acceptance

Your submission of an order in writing, by telephone, email or online to HGX Creative is considered a conditional acceptance of your consent to purchase merchandise from HGX Creative and confirms your acceptance of our terms and conditions of sale as set forth. You, the buyer, and HGX Creative agree that any contract entered into shall be interpreted and governed by the laws of the state of Massachusetts.

 

II. CREATIVE SERVICES: When you are working with HGX Creative on a project or contractual basis for any/all of the following creative services including but not limited to design and development for branding, print materials, social media marketing, web design/development, these terms and conditions of sale apply.


 HGX Creative (HGX) will not knowingly enter into any contract whereby the other party's terms conflict with any of those set out below. Should it happen that a client's own terms and conditions conflict with any of the same set out on this page, this document shall be considered to be the authoritative one, unless a separate contract has been signed by the client and by an authorized agent of HGX. By entering into a business relationship with HGX, you (the Client) agree and consent to the following terms and conditions:

Copyright / Trademarks:

The Client unconditionally guarantees that any element of text or graphics furnished to HGX for inclusion in the design do not infringe on any copyright or trademarks that have been already established by another company or organization. The Client will hold harmless and protect HGX Creative from any claim or suit arising from the use of such as furnished by the client.

HGX will not conduct any research to validate the legal availability of a name associated with but not limited to a product, service, business, slogan or any other related nomenclature associated with the work for hire stated herein unless specifically and explicitly hired to do so. It is the Client's responsibility to ensure that the name associated with their product, service, business, slogan or any other related nomenclature is not already in use, and it is the Client's sole responsibility to secure a service mark or trademark to protect the rights to any name or image. HGX and its employees will not be held responsible for any legal action that may result from improper due diligence on the availability of a company name or image.

All concepts furnished to the client are for client review and comment purposes only. HGX will retain exclusive copyright and ownership of all design and draft materials.  All project invoices must be paid in full by the Client, upon which time, finished design work will be transferred to client and/or printer if HGX has not been contracted for print production and management. Unless a buyout fee is arranged and agreed to in writing and full and final payment has been received, HGX retains all copy rights and ownership to all original finished materials as well as draft materials not used in the final design, and the native art files, fonts and images related to this work. HGX retains the right to display the artwork in its corporate portfolios and marketing materials.
 

Licensed Photography and Illustrations:

All stock photography licensed by HGX Creative on behalf of our Clients is done so under royalty-free license agreements made between HGX, Inc. and the photographer or licensing agency. The fee charged for stock photography is for image research required to search for and identify images and to obtain the required licenses. As such, the Client has the right to use the photography only within the scope of the purchased design, and all original copyright is retained by the photographer or licensing agency. Exclusive, rights-managed photography is available, but will incur additional costs.

Draft Concept Policies & Copyright:

All draft concepts previewed by the client are for client review and comment purposes only. HGX reserves the right to utilize and/or reproduce any image, logo or illustration created by HGX in advertising, electronic or traditional reproduction, with the addition of any copyright and/or trademark notice that may be requested by the owner of the work. HGX retains the rights to concepts, comprehensives and all artwork involved in the design process prior to the final artwork and is granted the right to use these logos in promotional and advertising and marketing materials.

Additional Fees:

Additional Information:

Timelines are provided in order to keep the project in line with production schedules and or requested deadline dates. They are estimated timelines based on the Creative Teams project schedule on the date the proposal is submitted.  In order to take your project through each phase of the design process within the time allotted, it is imperative that we receive your approvals within the timeframe specified.  Delay in approvals will result in a delay in project completion and may require a new project schedule.  Your timely response is requested and appreciated. 

Client Delay in Approvals:  Approvals/edits not received on time based on the proposed and agreed upon project schedule will result in orders being put on an “on hold” status and subject to review in order to revise or confirm the originally proposed schedule.

Creative projects “on hold” for more than seven (7) business days will be considered CANCELLED PROJECTS.  An invoice will be generated that reflects the total percentage of the project completed to date.  Design fees will be billed in their entirety.

HGX Creative Delay in Deliverables:  If there is a schedule delay on our behalf, we will notify you of the schedule change, the new delivery date and the date and time that your edits or approval will need to be received.  The same amount of edit/approval time will be extended as was originally proposed and the lost time will be made up for by the HGX Team by accelerating a project step in order not to jeopardize the delivery date.

 

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