Terms of service

THIS DOCUMENT DEFINES THE TERMS OF SERVICE OF OUR RELATIONSHIP.  ALL PRODUCTS AND SERVICES PROVIDED BY ESQUIRE-PRESS, LLC (“Stationer”) TO OUR CUSTOMERS (“you” or “Client”) THROUGH ITS WEBSITE, esquire-press.com, SHALL BE SUBJECT TO THE FOLLOWING:

Summary of Esquire-Press Semi-Custom Order and Production Process

  1.  Client shall choose a semi-custom design from any of our collections and place your order through the Website.
  2. Within 1 business day of your order, Client will receive an Order Customization Form by email. Client shall complete and return it within the following timeline: 1 business day for holiday cards or 5 business days for all other orders.  This form must be completed in order to produce a proof of your order. Delays in returning this form will delay your order.
  3. Within 3 business days of receiving your completed Order Customization Form, Stationer will email you a design proof for your review. Please respond with your approval or any requested edits within 1 business day for holiday orders and within 5 business days for all other orders. 
  4. Once you give final approval on your proof, your order will go into production. Please note that any delays in proof approval will delay production and delivery.
  5. After final proof approval, your order will ship within 4 weeks for letterpress orders or within 2 weeks for digitally printed orders.

Order Customization

              Within 1 business day of Client’s order, Stationer will send an Order Customization Form to Client by email.  When placing your order, please double check the accuracy of your email address to avoid delays in delivery of the Order Customization form.  Client must complete and return the form to Stationer in a timely manner to ensure timely delivery of Client’s order.  Any delays in return of this form will delay your order. 

Proofing

Within 3 business days of receiving your completed Order Customization Form, Stationer will email Client a digital design proof for your review.  Client will be given the opportunity to review and provide comment on the order in up to 2 rounds of review and revision.  Wording, spelling, letterpress ink color and minor layout adjustments may be made during the revision process.  Any additional rounds of review and comment shall be subject to a fee of $75 per round.  Concept revisions, changes in semi-custom design layout or a change in design shall be subject to our design fee of $100 per hour.

Client acknowledges that images and colors displayed on-screen may vary from monitor to monitor and what is shown on Client’s screen may NOT be an exact representation of what will be printed.

It is the Client’s responsibility to completely review all proofs provided by Stationer.  Client is encouraged to carefully review each proof and seek clarification on any uncertain details prior to granting approval.  Any modifications must be clearly communicated to Stationer in writing.  Your order will not go into production until final approval of the proof is received.  Any delay in granting final approval will delay production.  ANY ERRORS OR OMISSIONS THAT ARE IDENTIFIED AFTER FINAL APPROVAL ARE THE SOLE RESPONSIBILITY OF THE CLIENT, AND CLIENT SHALL BE RESPONSIBLE FOR ANY REPRINTING COSTS INCURRED.

Stationer is not responsible for delays in production or delivery caused by additional changes requested by Client or Client delays in providing feedback.  PRODUCTION WILL NOT BEGIN UNTIL FINAL APPROVAL IS GRANTED BY THE CLIENT.

If Client fails to respond to Stationer within 7 business days for feedback or any other Stationer request, Stationer, at Stationers sole and absolute discretion, may delay or cancel a Client’s order.  Any order which is delayed for this reason, will incur an additional fee of $100 to restart the order in a timely manner.

Production and Production Holidays

              Production of your order shall begin in a timely manner after final approval of the proofs by Client.  Orders that include only digital printing services shall ship to the Client within two weeks after final approval is processed by Stationer.  Orders that include any letterpress printing services shall ship to the Client within four weeks after final approval is processed by Stationer.  Stationer is closed for business on Saturdays and Sundays (and during holiday periods as disclosed below).  Orders placed or approved during these closure days will be processed on the next business day.

              Further, Stationer, along with many of our suppliers, will be closed for the calendar week which includes July 4th, Thanksgiving, the Friday following Thanksgiving, and the period beginning Christmas Eve and ending on New Year's Day.  Orders placed or approved during this holiday period will be processed on the first business day following the holiday.  Proofs will not be sent and customer inquiries may be delayed during both weekend and holiday periods.  Stationer is not responsible for any orders placed or approved during the weekend or holiday closures.  It is recommended that Client place orders as early as possible to prevent potential delays or disruptions.

Copyright

              All designs, works of art and products promoted or sold by Stationer, including any items created in the process of proofing are exclusively owned and copyrighted by Stationer.  Stationer owns all copyright and other intellectual property rights to any and all products, whether tangible or intangible, produced or created by Stationer.  Unauthorized use, reproduction, distribution, modification, or creation of derivative works from Stationer’s designs and works of art is strictly prohibited without prior written consent from Stationer.  This includes, but is not limited to, reproducing any portion of the design for personal or commercial purposes or sharing it with third parties for duplication. Stationer may prosecute any violation of this policy in order to protect Stationer’s intellectual property rights.

              Purchasing a product from Stationer grants you a limited, non-transferable license to use the product solely for its intended personal use.  This license does not transfer any ownership of any copyright or intellectual property rights to Client.

              Client represents and warrants that it owns or has the permission or license to use any intellectual property that Client provides to Stationer (for example all text, images, artwork and designs that Client provides).  Client shall indemnify and hold Stationer harmless from any claims, causes of action, damages arising or other loses arising out of the use of intellectual property provided to Stationer by Client.

              CLIENT SHALL NOT UPLOAD ANY DESIGNS, WORKS OF ART OR PRODUCTS DESIGNED OR PRODUCED BY STATIONER TO ARTIFICIAL INTELLIGENCE PLATFORMS, including any drafts, proofs or photographs.

              Stationer reserves the right to use images, production video and other reproductions of any custom or personalized work that Stationer produces for Client on Stationer’s website, marketing materials, and social media platforms, unless explicitly requested otherwise by the Client.

Shipping

              All orders are shipped via USPS Ground Advantage, UPS Ground or FedEx Ground, at Stationer’s discretion, unless a specific delivery method is chosen by Client.  Shipping times and methods may vary based on the destination and the shipping option selected by Client at checkout.  Stationer is not liable for delays in shipping or delivery caused by factors beyond our control, including but not limited to carrier delays, damage caused by the carrier, errors in the delivery details provided by Client.  Once a shipment is delivered to the shipping carrier, Stationer no longer has control over the shipping and delivery of the order, and can only provide a tracking number for reference.  Stationer is not responsible for lost or stolen packages after they have been marked as delivered by the carrier.

Release and Limit of Liability

              Client agrees that in no event may Client be entitled damages which exceed the total amount paid to Stationer for such product or service.  Client hereby releases Stationer from liability for any and all claims, causes of action, damages or other losses in excess of the total amount paid to Stationer for such product or service.  Any legal action arising out of or in connection with products or services provided on this Website shall be filed on or before 365 days after the work is completed.

Cancellation and Return Policy

              Custom or personalized products are made to Client’s specifications and are, therefore, no returns or cancellations are permitted once production begins.  The Client is responsible for thoroughly reviewing all proofs prior to approval.  Stationer is not responsible for any printing errors that result from incorrect information provided to Stationer or for any costs of reprinting in the event that Client approves a proof for production that contains an “error”.  If a printing error is made that was not present on the approved proof, your item will be reprinted at no cost.  If you receive an item with an error caused by Stationer’s mistake, please notify us immediately.  Stationer is not responsible for reprinting costs for errors that are not brought to Stationer's attention within 15 days of receipt of the item. 

Provided an order has not begun production, Client may cancel the order and receive the following reimbursements of a portion of the purchase price paid for the order.  In the event Client desires to cancel an order prior to Client’s submission of the Order Customization Form, Stationer will refund the purchase price of the item, less 10% to reimburse Stationer for processing fees.  In the event Client desires to cancel an order after submission of the Order Customization Form but before final proof approval, Stationer will refund the purchase price of the item, less a cancellation fee of the greater of $100 or 25% of the purchase price.  This cancellation fee is necessary to reimburse Stationer for the design time required to create the design proofs.  Once the final proof is approved, no cancellation is permitted.

If, due to the failure of Client to respond to requests for information within 7 business days of receipt of requests, or due to the acts or omissions of Client, it becomes impracticable for Stationer to complete the work in a timely manner, Stationer may, at Stationer’s sole and absolute discretion, cancel Client’s order.  In the event that Client’s order is cancelled pursuant to this paragraph, Client shall not be entitled to any refund of Client’s purchase price.

Force Majeure

No failure or omission by the Stationer in the performance of any obligation shall be create any liability if such failure shall arise from any cause or causes beyond the reasonable control of Stationer, including, but not limited to the following: acts of nature, acts or omissions of any government, fire, storm, flood, earthquake, accident, war, rebellion, insurrection, riot, invasion, strike or lockout, equipment failure, energy failure, delays in shipment by suppliers or carriers, or the like, provided that the Party so affected shall use its commercially reasonable efforts to avoid or remove such causes or non-performance and shall continue performance hereunder with the utmost dispatch whenever such causes are removed.  Stationer shall promptly give notice to Client of the commencement and the termination of any event or cause beyond the reasonable control of Stationer.

General Provisions

Governing Law:  This Agreement shall be governed by and construed in accordance with the laws of the State of Texas without reference to conflicts of laws principles and this Agreement shall be treated, in all respects, as a contract under the laws of the State of Texas.

Notices.  Notice may be made to Stationer and Client via electronic mail (email).  Such notices shall be delivered to Stationer at hello@esquire-press.com and to Client the email address provided by client upon purchase from this Website.  Any such communication so given or made shall be deemed to have been given or made and to have been received on the day of sending, provided that such day is a business day and the communication is so delivered or received before 5:00 p.m. central time on such day.  Otherwise, such communication shall be deemed to have been given and made and to have been received on the next following business day.

Business Days.  Business days shall be defined as any day other than a Saturday or Sunday or the holiday closure periods of the calendar week which includes July 4th, the Friday following Thanksgiving, and the period beginning Christmas Eve and ending on New Year's Day.

Entire Agreement.  These Terms of Service constitutes the entire agreement between Stationer and Client and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written.  There are no conditions, representations, warranties, obligations or other agreements between Stationer and Client in connection with the subject matter of these Terms of Service, whether oral or written, express or implied, statutory or otherwise, except as explicitly set out in these Terms of Service.

Severability.  Any provision of these Terms of Service which is prohibited or unenforceable in any jurisdiction will, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and will be severed from the balance of these Terms of Service, all without affecting the remaining provisions or affecting the validity or enforceability of such provision in any other jurisdiction.

No Benefit to Third Parties.  These Terms of Service are for the sole benefit of Stationer and Client and their successors and permitted assigns, and they shall not be construed as conferring any rights on any third parties, except as expressly provided herein. 

Arbitration.  Any controversy or claim arising out of or relating to these Terms of Service shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted by a single arbitrator.  The arbitration shall be governed by the United States Arbitration Act, 9 U.S.C. §§1-16, and judgment upon the award entered by the arbitrator may be entered by any court having jurisdiction thereof.  Except as otherwise agreed to by the parties, the location of the arbitration and all proceedings in connection therewith shall be in Brazos County, Texas.  As to any dispute, controversy or claim which under the terms hereof is made subject to arbitration, no suit at law or in equity based on such dispute, controversy or claim shall be instituted by either party hereto, other than to compel arbitration proceedings or enforce the award of the arbitrators.

Non-Disparagement.  Stationer and Client shall not make public statements that would materially harm the reputation or business activities of the other.