Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OUR SERVICES OR THIS WEBSITE. All users of Pneuma Fashions LLC DBA Pneuma Custom Designs' services and this site agree that access to these services and use of this site are subject to the following terms and conditions and other applicable laws. If you do not agree to these terms and conditions, please do not use this site or its services described.
Custom Printing and Embroidery
Pneuma Custom Designs is officially contracted to produce a client’s custom design once we have received and processed payment in full for your project. We strongly advise clients to thoroughly review their invoices and/or Shopping Cart before payment to ensure that it accurately reflects their desired project. Our production team will utilize your invoice as a guide for your customization request. We are not responsible for printing or embroidery errors that are the result of the client's invoice approval oversight. Once the payment is processed, Pneuma Custom Designs will schedule your project for production and prepare/order your required materials. All client orders will be scheduled for production within 2 weeks of payment processing and scheduled for shipping by day 14 or earlier. These days are business days only which exclude Saturday & Sunday. If production schedules prevent Pneuma Custom Designs from meeting the 14-day turnaround, notification will be provided to the client promptly. Clients may request 7 business day rush orders for an additional fee. A rush order fee is equivalent to the greater of 10% of the total order cost or $25 minimum. Clients will be notified if there are any challenges with meeting rush order deadlines due to overwhelming production schedules.
Artwork provided by clients will be reviewed to ensure that the artwork meets the required specifications for the printing method of choice or embroidery. We recommend that clients that provide their artwork through our quote request option submit the artwork at the actual size that it should be printed at on their garments/products. Artwork uploaded or created in our online designer should be sized to meet the approximate size needed. Our team members will communicate with you to verify any questions or concerns with the sizing represented in the online mockup that you submitted. Additional fees will apply for artwork modifications produced by our artist. We accept artwork images in the formats: jpeg, pdf, svg, and png. Artwork submitted via our quote request option must be the actual image and not a mockup of the image on a digital representation of a garment. Please note that digital mockups of images on garments are not exact replicas of the final product. Artwork size will appear larger on smaller garments and will appear smaller on larger garments. Although it is not common, clients may pay for PF to create an enlarged version of their artwork and its matching larger printing screens to be applied to their larger garments. For cost-effectiveness, most clients produce one standard screen size that will accommodate all garment sizes in their order.
Artwork that will be printed on apparel can be printed up to at a maximum standard size of 11" wide (for front prints) unless client request to exceed the standard. PF is not responsible for the final result of expanded printing that exceeds the normal printing area. Images printed in excess of the standard printing size will not fit on smaller size garments and the client is therefore required to pay for additional screens necessary to print the image at size in proportion to the smaller size garments. This additional screen requires a separate production run and shall alter the quantity discounts applied to production.
Artwork for embroidery must be digitized (converted into a stitch file) in order to be sewn. A client must pay for and approve the digitized image and/or sample sewout created by PF before we sew on your actual garments.
Logo Design
Concepts: Within 10 business days of receiving your company information and payment for the full quoted price, Pneuma Fashions (PF) will create the initial draft of your logo concept. The initial draft will be submitted for your review via E-mail unless otherwise negotiated. Once your feedback on the design is received PF will make any requested changes to the design until the final draft meets your satisfaction. The quoted logo creation price includes up to three rounds of revisions. Further revisions will incur additional costs at PF’s current hourly rate. Notification of the need for revisions must be received by PF from the client within 7 business days. After 7 business days have passed and PF’s has not received a request for revisions your artwork project is considered complete. Any revisions requested after the 7-business day period will incur additional cost at PF’s current hourly rate.
File Delivery: Once the final logo design is approved, PF will transmit the logo design to you in the following file formats: .jpg, .png, .pdf, and .svg graphics file formats.
Ownership: Once all payments are received, and you, the client has received the final draft files, you then have total ownership of the logo design for use in any media. PF retains the right to use the final logo, or any versions of the logo created in the process, in our printed or electronic portfolios, including promotional materials and advertisements. PF will not print or use the client's logo on any product or item for any internal or external party without a client's permission or request. The client, however, gives PF permission to use the client’s full name and/or business information, and/or website address, for testimonial purposes on our website, or other business-related media. The client understands that it is the client’s responsibility to copyright the logo design (www.copyright.gov) and/or seek a trademark (www.uspto.gov/main/trademarks.htm).
Payment: PF requires the total fee quoted for the client’s custom logo design or modification to be paid in one payment. The client, however, may request the option to provide a 75% deposit for PF to begin the artwork for logos with a cost exceeding $500. The final 25% payment would be due when the final logo design is approved and before PF delivers the final draft to the client. The client understands that all drafts provided may include a Pneuma Fashions watermark until final payments are provided. The client understands that the PF retains ownership of the logo until PF is paid in full for the final logo.
In the event of termination of this Agreement during the logo creation process, PF owns the logo and has the right to complete, exhibit, and/or sell the logo design (excluding your business name). Additionally, PF retains ownership of all the logo design concepts created before the final logo design.
Delays: Illness, injury, or other events beyond PF’s control, such as computer or software failure, fire, theft, and random acts of God may result in a delay in your artwork completion. Pneuma Fashions will, nevertheless, communicate updates with the client and make every feasible effort to complete their project as soon as possible.
Termination: The client has the right to terminate this Agreement if, PF fails to complete the logo design within 60 days of deposit submission. If the agreement is terminated by the client for any reason other than failure to deliver within 60 days, PF shall retain the deposit.
Performance Liability: PF does not warrant that the process of developing logo design(s), consultation, or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the logo is with the client. In no event will PF be liable to the client or any third party for any damages, including any lost profits, lost savings, or other incidental, consequential, or special damages arising out of the reproduction of, or appearance of the logo, even if PF has been advised of the possibility of such damages.
NOTE: Before you confirm your agreement to these terms, please make sure you understand all of the above agreements. Should you have any questions or concerns regarding these terms, please contact us before advising us of acceptance.
Copyright
The entire content included in this site, including but not limited to text, graphics, or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Pneuma Fashions. The collective work includes works that are licensed to Pneuma Fashions. Copyright 2008, Pneuma Fashions ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Pneuma Fashions. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Pneuma Fashions or to purchase Pneuma Fashions. Any other use, including but not limited to the reproduction, distribution, display, or transmission of the content of this site is strictly prohibited unless authorized by Pneuma Fashions. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks, and trade names of Pneuma Fashions used in the site are trademarks or registered trademarks of Pneuma Fashions LLC.
Warranty Disclaimer
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Pneuma Fashions disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Pneuma Fashions does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available is free of viruses or other harmful components. Pneuma Fashions does not make any warrantees or representations regarding the use of the materials on this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Pneuma Fashions shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Pneuma Fashions has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Pneuma Fashions product is mistakenly listed at an incorrect price, Pneuma Fashions reserves the right to refuse or cancel any orders placed for products listed at the incorrect price. Pneuma Fashions reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Pneuma Fashions shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Pneuma Fashions without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous, shall survive any termination.
Notice
Pneuma Fashions may deliver notice to you by means of e-mail, a general notice on the site, or by another reliable method to the address you have provided to Pneuma Fashions.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Maryland, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Pneuma Fashions products shall be in the state or federal courts located in Maryland. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Pneuma Fashions products) must be commenced within one (1) year after the claim or cause of action arises. Pneuma Fashions’ failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Pneuma Fashions may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Pneuma Fashions or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Pneuma Fashions does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Pneuma Fashions is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Pneuma Fashions reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property rights of another or (d) offensive or otherwise unacceptable to Pneuma Fashions in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Pneuma Fashions, its officers, directors, employees, agents, licensors, and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Pneuma Fashions may link to sites operated by third parties. However, even if the third party is affiliated with Jenesis3 Innovations, Jenesis3 Innovations has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Pneuma Fashions, LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Pneuma Fashions seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites that it links to as well (including if a specific link does not work).
.
