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Terms
The Terms of Use govern your access and use of www.MidnightBanners.com (referred to herein as “this Site”).Please read these Terms of Use carefully. By accessing or using this Site you agree to be bound by these Terms of Use and to any additional guidelines, restrictions, regulations or rules that may be posted in connection with specific sections or services of this Site. MidnightBanners reserves the right to make changes to this Site and to these Terms of Use at any time without prior notice. And by continuing to use the Site after we post a change, you will be deemed to have accepted the new Terms of Use. You should review these Terms of Use each time you access this Site.
PAYMENT TERMS
All fees and charges are payable in accordance with these herein terms at the time the fee or charge becomes payable. Once a User submits a request on the Site to purchase sign products or other services, the User agrees that all charges, taxes and shipping/handling fees will automatically be charged to the credit card or paid by User. Please note that no work will proceed on any print job in your order until full payment is received and cleared by MidnightBanners. If needed, additional fees may be required regarding Production orders requiring further services.
All prices and amounts shown on this Site are in U.S. Dollars. We accept Visa, Master, Amex and Discover card, Company checks, Money Orders, PayPal, Google Checkout, and Bank Checks. Return check is subject to $45.00 charge and the customer will be responsible for the delay of job processing.
We provide this site on an "as is" basis and make no representations or warranties of any kind, express or implied, as to the content, materials, or products included on this site. Despite our efforts to ensure that the information on our website is accurate, complete and current, there may be instances when information about a Product contains inaccurate or incomplete data, including data about the Product's price or availability. We make no warranty or guarantee that the information on our website is error-free, complete, or current. We reserve the right to correct errors and/or update the content on our website at any time without notice. We also reserve the right to refuse or cancel any order containing any error or inaccuracy, including after the order has been submitted, whether or not the order has been confirmed and your credit card charged.
Price
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself on the day of your order.MidnightBanners.com reserves the right to modify the prices from time to time. Despite our best efforts, a small number of the products in our site may be mispriced. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you to let you know the correct price and give you the opportunity of reconfirming your order or cancel your order and notify you of such cancellation. If your order is canceled after your payment has been processed, we will issue a full refund to the original pay type.
SALES TAX
MidnightBanners is required to collect 7.5% sales tax on purchases shipped to Texas, the state where we currently have business operations. For orders shipped to Mississippi, tax is calculated based on the finishing products and shipping total.
PROMOTIONS RESTRICTIONS
By participating in any promotion made available through the site or enewsletter, you become subject to the rules specified in such promotions and the restrictions set forth herein. The discount will only be applied if the valid coupon code is entered at the time of purchase. No discount can be combined with any other offer. Discount should only apply to the sign products item only. Accessories, custom quote, rush service, design service, and air shipping are non discounted items.
NEW FILE UPLOAD AND REVISION
Please check and make sure that your file is of print-ready quality, ordered at the correct size, and spell checked before you send it to us. If you need to upload a new file to replace your current file, each new upload/email submission will incur a $25.00 fee.
All jobs are approved by email proof. If you request any changes made to the proof, each round of revisions will incur a $25.00 charge. Please look over your design carefully and list all of the changes that you would like made to the design. This will expedite your order and help you to avoid further design fees.
DESIGN SERVICES
Advantage Design Assistance includes one layout ONLY. Popular Design Assistance starts at $25. Professional Design Assistance starts at $50. Each additional proof thereafter will incur a $25 fee. Complicated designs will incur a $25 design fee per each additional 30 minutes of design work.
REFUND POLICY
All sales are final. All products are custom made has no resell value. Carefully review the digital proof in every detail. Once you submit an order via email proof or respond to us with "APPROVED AS-IS," we are not responsible for any copy or design errors committed on your part including misspellings, date errors or color variation. After a job has been sent to MidnightBanners, the customer is responsible for paying the entire amount of that job along with applicable taxes and shipping/handling fees. After a print job has been approved by customer, no changes are allowed to the artwork files and job characteristics. In some cases, a refund may be extended to the customer if no work has been done by MidnightBanners on that job. Please note that such refund would be adjusted to cover minimum cancellation charge $25.00 per job for the services associated with that job.
SHIPPING
Please contact UPS or FedEx directly for shipping related issues once the job is shipped. The customer agrees that the shipping terms for all printed Products are FOB shipping point and ownership transfers to the customer upon shipment. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. MidnightBanners assumes no responsibility for delays caused by delivery carriers or any damages resulting from the failure to receive a job on time. Although at certain times, at this Site's discretion, we may aid in search for missing merchandise and tracking shipped orders.
All complaints must be registered within 24 hours of receipt of your final job. And the original products need to be shipped back to MidnightBanners. Should your job contain manufacturing errors and/or defects (as determined by MidnightBanners), MidnightBanners would redo your job at no cost but cannot guarantee expedited Production times and ship out at the originally paid shipping method. Customers should be responsible for the additional shipping charges for the redo jobs if customers need expedited shipping.
USE OF SITE
This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, software tools, and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property of MidnightBanners. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content without MidnightBanner's prior written consent.
You are granted permission to access and use this Site and its Content for the sole purpose of preparing and ordering products or services solely through MidnightBanners(referred to herein as “Products”). This does not include the right to collect or use information contained on the Web Site for purposes to compete with MidnightBanners. You agree to use this Site in a responsible manner that is in full compliance with these Terms of Use and with your local laws and regulations. You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, or otherwise objectionable. MidnightBanners may terminate its service to customers found to be using MidnightBanners to engage in undesirable activities. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize MidnightBanners to produce the Products on your behalf. You agree that you are responsible for protecting your password and controlling access to your registered account. All materials we create in producing your printed product are the property of MidnightBanners. Although these materials will not be sold or given to any other party, we reserve the right to distribute free samples of your product. You agree that The Site and its content are provided “as is” without warranty of any kind , either expressed or implied.
LIMATION OF LIABILITY
IN NO EVENT SHALL MIDNIGHTBANNERS OR ITS LICENSORS, SUPPLIERS, OR VENDORS, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT MIDNIGHTBANNERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM MIDNIGHTBANNERS OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL MIDNIGHTBANNERS BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR ITS CONTENT.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MIDNIGHTBANNERS.COM, DISLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MECHANTABILITY FOR A PARTICULAR PURPOSE. MIDNIGHTBANNERS.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENCIAL DAMAGES.
CORPORATE ID & TRADEMARKS
“MidnightBanners", "midnightbanners.com", and any and all other marks appearing on this Site are trademarks of MidnightBanners in the United States and other jurisdictions ("Trademarks"). You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Trademarks in any way, without MidnightBanners's prior written consent.
PRIVACY & SECURITY POLICY
You confirm that you have read, understood and agree to the MidnightBanners Privacy & Security Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you.
INDEMNIFICATION & GOVERNING LAW
You agree that you shall indemnify and defend MidnightBanners and all parties from whom MidnightBanners has licensed portions of Content, and their directors, officers, managers and employees, against any and all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses. MidnightBanners is based in Columbia, MS. Any legal action, issues related to the protection, infringement, or misuse of copyrighted materials proceeding relating to or arising from your access to or use of this Site shall be governed by the laws of the States of Mississippi. You agree to submit to the jurisdiction of Mississippi State courts and agree that venue in these courts is proper in any such legal action or proceeding.
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