TWISTED SWAG, INC. TERMS OF SERVICE
TERMS OF SERVICE — TWISTED SWAG
Effective Date: January 10, 2015
These Terms of Service (“Terms”) are a legally binding agreement between Twisted Swag (“Twisted Swag,” “we,” “us,” or “our”) and any individual or entity (“Client,” “you,” or “your”) that purchases, accesses, or uses our products and services, including through our Shopify store, websites, email, or in-person (collectively, the “Services”). By purchasing, accessing, or using the Services, you agree to be bound by these Terms.
IMPORTANT — NO REFUNDS ON DESIGN/DEVELOPMENT SERVICES
ALL FEES PAID FOR DESIGN AND DEVELOPMENT SERVICES ARE NON-REFUNDABLE. This includes, without limitation: logo design, graphic design, brand identity, artwork creation or vectorization, website design, website development, web or app design, app development, consulting, troubleshooting, repairs, improvements, updates, and any professional services (collectively, “Design Services”). This policy applies once an order is placed, any deposit is paid, or work has commenced—whichever occurs first.
-
ELIGIBILITY; ACCOUNT RESPONSIBILITY
You represent that you are legally capable of entering into contracts; if acting for an entity, you have authority to bind that entity. You are responsible for your account credentials, for all activity under your account, and for promptly notifying us and your platform provider of any unauthorized access. -
QUOTES, ORDERS, AND SCOPE
a. Quotes/Estimates. Quotes are based on information available at the time and are not a guarantee; pricing may change with scope, materials, or third-party costs.
b. Scope of Work. Scope is defined in your invoice, order page, email confirmation, or written statement of work. Client-requested changes require a written change order and may affect price and timelines.
c. Deposits. Deposits are typically required and are non-refundable. Work may pause until required payments, approvals, accesses, and assets are received. -
DESIGN SERVICES: DELIVERABLES, PROOFS, AND APPROVALS
a. Proofs and Revisions. Unless we state otherwise in writing, orders include the stated number of revisions; additional revisions are billable at our current rate.
b. Approval. Your written approval of any proof (including email confirmation) authorizes us to proceed. You are responsible for verifying spelling, sizes, placements, colors, and all content. After approval, further changes may incur additional fees and delays.
c. Working Files. Unless expressly included, native/editable working files (e.g., AI, PSD, INDD) and non-final assets are not delivered. Final deliverables are the approved exports (e.g., PDF, SVG, PNG) or the published website/app per scope. -
INTELLECTUAL PROPERTY
a. Client Materials. You represent you own or have licenses to all materials you provide and you grant us a nonexclusive license to use them to perform the Services.
b. Deliverable License. Upon full payment, you receive a non-exclusive, perpetual license to use the final approved deliverables for their intended purpose. We retain ownership of all underlying tools, know-how, templates, and pre-existing IP.
c. Third-Party Assets. Fonts, stock imagery, photos, and third-party components are governed by their own licenses and may require you to purchase your own license for intended use.
d. Portfolio Use. Unless you object in writing before project start, you grant us the right to display non-confidential work samples (e.g., logos, screenshots, photos of finished goods) in our portfolio and marketing. -
PAYMENT; TAXES; CHARGEBACKS
a. Payment Terms. Invoices are due upon receipt unless stated otherwise. Late balances may accrue the maximum lawful interest and/or service fees, and work/deliverables may be suspended or withheld for non-payment.
b. Taxes/Shipping. Prices exclude applicable taxes, duties, and shipping unless stated otherwise. You are responsible for these amounts.
c. No Chargebacks. You agree not to initiate chargebacks for Design Services. Disputes must follow the dispute resolution process in Section 18. -
NO REFUND POLICY — DESIGN & DEVELOPMENT SERVICES
ALL FEES FOR DESIGN SERVICES ARE NON-REFUNDABLE once an order is placed, any deposit is paid, or work has begun—whichever occurs first. This includes logo design, graphic design, website or app design/development, consulting, troubleshooting, repairs, improvements, and related professional services. Time, discovery, concepts, proofs, meetings, research, and partial work are professional services that cannot be returned.
Discretionary credits or accommodations (if any) are at our sole discretion and do not waive this policy. Platform limitations or policy changes by third parties (e.g., Shopify plan restrictions on staff/collaborator access) do not entitle you to refunds. -
CUSTOM PRINTING; CLIENT-SUPPLIED GOODS (BYO)
a. Color/Placement Variance. Minor variances in color, placement, and size may occur due to manufacturing tolerances and device/monitor differences.
b. Client-Supplied Items. Printing/embroidery on client-supplied items is at the Client’s risk. We are not responsible for manufacturer defects, shrinkage, heat sensitivity, dye migration, or damage inherent to the process. We recommend providing extras per size.
c. Performance Fabrics/Dye Migration. Polyester and performance blends may cause dye migration or color shift during curing even with blocker bases and low-temp inks. No guarantee is made against migration on these fabrics.
d. Spoilage Allowance. Industry-standard spoilage up to a small percentage may occur on large runs. Remedies are limited to reprint or credit for goods we sourced. Client-supplied items are excluded from replacement. -
WEBSITES, APPS, AND TECHNICAL SERVICES
a. Dependencies and Timelines. Schedules depend on your timely approvals, content, and access. Delays in receiving assets, approvals, or access may extend delivery dates.
b. Third-Party Services. Hosting, domains, email, apps, gateways, analytics, themes, and platforms are third-party services subject to their own terms; we are not responsible for their availability, price, policy changes, or restrictions (including plan-based staff access limits).
c. No Performance Guarantee. We do not warrant specific business results (traffic, conversions, ranking, revenue) from any design, development, or marketing work. -
SHIPPING; RISK OF LOSS
Title passes at shipment. Risk of loss transfers upon carrier acceptance. Inspect shipments promptly and notify us and the carrier of any damage or shortage within the carrier’s notice window. -
CANCELLATIONS AND RESCHEDULING
a. By Client. If you cancel after work begins, all work performed to date (including time reserved) is billable and non-refundable; deposits are forfeited.
b. By Us. We may cancel or suspend for suspected fraud, unlawful use, non-payment, or material breach. You remain responsible for fees incurred through the cancellation date. -
LIMITED WARRANTY; DISCLAIMERS
THE SERVICES AND DELIVERABLES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Some jurisdictions do not allow limitations on implied warranties; the above may not apply in full. -
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOST PROFITS, REVENUE, DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SPECIFIC ORDER GIVING RISE TO THE CLAIM IN THE THREE (3) MONTHS PRECEDING THE EVENT. -
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Twisted Swag and our owners, employees, and contractors from any claims, damages, or expenses (including reasonable attorneys’ fees) arising from: (a) your content/materials; (b) your breach of these Terms; (c) your violation of law or third-party rights; or (d) issues related to client-supplied goods we process at your request. -
CONFIDENTIALITY
Each party may use the other’s Confidential Information solely to perform under these Terms, must protect it with reasonable care, and may disclose it only to personnel with a need to know, subject to similar obligations. These obligations survive for three (3) years after disclosure, or as long as information remains a trade secret, whichever is longer. -
FORCE MAJEURE
We are not liable for delays or failures caused by events beyond our reasonable control, including supply chain issues, carrier delays, outages, labor disputes, epidemics, or acts of God. -
CHANGES TO TERMS
We may update these Terms by posting the revised version on our site. Your continued use or purchase after changes are posted constitutes acceptance of the revised Terms. -
GOVERNING LAW AND VENUE
These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-law rules. Subject to Section 18, the state and federal courts in Maricopa County, Arizona have exclusive jurisdiction. -
INFORMAL RESOLUTION; ARBITRATION; CLASS-ACTION WAIVER
a. Informal Resolution. Before filing any claim, the parties will attempt in good faith to resolve the dispute within thirty (30) days after written notice.
b. Binding Arbitration. If not resolved, any dispute arising out of or relating to the Services or these Terms will be finally settled by confidential, binding arbitration in Maricopa County, Arizona, before a single arbitrator, under the Commercial Arbitration Rules of the American Arbitration Association (AAA). Judgment on the award may be entered in any court of competent jurisdiction.
c. No Class Actions. Disputes must be brought in the parties’ individual capacities, not as a class or representative proceeding.
d. Injunctive Relief. Either party may seek temporary or preliminary equitable relief in court to protect its rights pending arbitration. -
SEVERABILITY; WAIVER; ASSIGNMENT
If any provision is held unenforceable, it will be modified to the minimum extent necessary to be enforceable, and the remaining provisions will remain in effect. Failure to enforce any provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign to an affiliate or in connection with a merger, sale, or reorganization. -
ENTIRE AGREEMENT
These Terms, together with your order, invoice, proof approvals, and any signed statement of work, constitute the entire agreement and supersede prior discussions regarding the Services. -
CONTACT
Twisted Swag
15203 N. Cave Creek Rd., Phoenix, AZ 85032
support@twistedswag.com • (602) 482-6900
Hours: Mon–Fri, 10:00 AM – 6:00 PM (Arizona time)