Last Updated: Aug 15th, 2025
1. Acceptance of Terms
By accessing, browsing, or using the website promosourcedirect.com ("Site") operated by Promo Source Direct ("Company," "we," "us," or "our"), or by placing an order for products or services, you ("Customer," "you," or "your") agree to be bound by these Terms & Conditions ("Terms"). If you do not agree to all these Terms, you may not access the Site or use our services.
2. Account Registration & Responsibilities
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Account Creation: You may be required to create an account to place orders or access certain features. You agree to provide accurate, current, and complete information.
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Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Notify us immediately of any unauthorized use.
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Business Accounts: Accounts registered on behalf of a company represent that you have the authority to bind that entity to these Terms.
3. Ordering & Acceptance
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Quotes & Proposals: All quotes are valid for 30 days unless otherwise stated and are subject to product availability.
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Order Placement: Placing an order constitutes an offer to purchase. Acceptance of your order occurs when we send an order confirmation or invoice, at which point a binding contract is formed.
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Order Verification: We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing or description, suspected fraud, or inability to obtain authorization for payment.
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Custom Orders: Orders for custom-manufactured or imprinted products are final and non-cancelable once production has commenced, unless otherwise agreed in writing.
4. Pricing & Payment Terms
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Pricing: Prices are listed in U.S. Dollars (USD). We strive for accuracy but reserve the right to correct pricing errors, even after an order is placed.
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Changes: Prices are subject to change without notice, except for orders already confirmed.
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Payment: Payment terms are as specified on the invoice. For credit accounts, payment is due per agreed terms (e.g., Net 15). For others, full payment is required prior to shipment unless otherwise approved.
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Taxes: Customer is responsible for all sales, use, and excise taxes associated with the order, which will be added to the invoice where applicable by law.
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Late Payments: Past due balances may be subject to a finance charge of 1.5% per month (18% APR) or the maximum rate allowed by law. We may suspend services or future orders for accounts in arrears.
5. Shipping, Delivery & Risk of Loss
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Shipping Costs: Shipping, handling, and insurance charges are additional and the Customer's responsibility unless otherwise specified.
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Delivery Estimates: All delivery or shipment dates provided are estimates only. We are not liable for delays caused by carriers, manufacturing delays, acts of God, or other causes beyond our reasonable control.
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Title & Risk: Title to and risk of loss for physical products passes to the Customer upon our delivery to the carrier (FOB Shipping Point). Claims for lost or damaged shipments must be filed directly with the carrier by the Customer.
6. Returns, Exchanges & Limited Warranty
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Standard Returns: Due to the custom and/or promotional nature of most products, all sales are final unless there is a defect in material or workmanship or an error on our part.
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Defective Products: Claims for defective or incorrect items must be made in writing within 7 business days of receipt, accompanied by photos and the original packing slip. We will, at our option, repair, replace, or issue a credit for defective items confirmed to be our responsibility.
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Warranty Disclaimer: EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL PRODUCTS ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7. Artwork & Intellectual Property
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Customer Artwork: By submitting artwork, logos, or designs ("Artwork"), you represent that you own or have the legal right to use and reproduce such Artwork and grant us a limited license to use it solely for producing your order.
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Indemnification: You agree to indemnify and hold us harmless from any claims arising from your use of Artwork that infringes on any third-party rights.
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Our IP: All content on the Site (logos, text, graphics, software) is our property or our licensors' and is protected by copyright and trademark laws. You may not use it without our prior written permission.
8. Limitation of Liability
IN NO EVENT SHALL PROMO SOURCE DIRECT, ITS OFFICERS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE, PRODUCTS, OR SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO AN ORDER SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCTS GIVING RISE TO THE CLAIM.
9. Governing Law & Dispute Resolution
These Terms shall be governed by the laws of the State of [Insert Your Company's State, e.g., Florida], without regard to its conflict of laws principles. Any legal action or proceeding shall be brought exclusively in the state or federal courts located in [Insert County, e.g., Orange County, Florida], and you hereby consent to the jurisdiction of such courts.
10. Changes to Terms
We reserve the right to modify these Terms at any time. The current version will be posted on the Site with an updated "Last Updated" date. Continued use of the Site or services after changes constitutes acceptance of the new Terms.
