6121 Hillcroft Avenue Suite T2, Houston, Texas 77081
(713) -777-1947
Facebook-f Instagram Google
Free Quote

MSK Signs & Printing Solutions LLC | Terms & Conditions

This Terms and Conditions Agreement (“Agreement”) sets forth the terms and conditions governing your engagement of MSK Signs & Printing Solutions LLC, a Texas limited liability company, (“MSK” or “We” or “Us” or “Our”) and Our products and services.

If you have additional questions or require more information about our Privacy Policy, do not hesitate to contact us.

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ORDERING WITH  MSK, YOU ACKNOWLEDGE AND AGREE TO BE LEGALLY BOUND BY THIS  AGREEMENT AND THE TERMS AND CONDITIONS SET FORTH HEREIN. YOU ARE  RESPONSIBLE FOR REVIEWING THIS AGREEMENT AND THE TERMS & CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS & CONDITIONS STATED BELOW, PLEASE DO  NOT PLACE AN ORDER.

We reserve the right, at any time and from time to time, to update, revise, modify, supplement, or amend these terms and conditions without notice. All revised terms are incorporated into and made a part of, this Agreement by this reference. For this reason, we encourage you to review these Terms and Conditions whenever you place an order.

Service Description and Scope

MSK is a leading provider of comprehensive marketing tools, including Print Collateral services,  Signage services, and Digital services (collectively, the “Services”), offering customized services to fulfil your business requirements. The following terms and conditions shall apply for the production, installation, installation instruction, commissioning, and servicing work to be performed by MSK and for all ancillary work involved in the above.

  1. Print Collateral:

MSK’s printing services include, without limitation, standalone print services, as well as the combined packages of graphic design and printing (“Printing Services”). Printing Services are available for pickup or shipping.

  1. Signage:

MSK’s signage services include, without limitation, signage designing, site surveys, landlord approval, city approval, signage manufacturing, and installation (“Signage Services”).

  1. Design Services:

MSK’s design services include, without limitation, branding, graphic design for print collateral and signage, videography, web development, and a host of other innovative solutions (“Design Services”).

Order Process

By placing an order with MSK, you have engaged in a customer contract with MSK. The order shall detail the scope of the services, the products to be delivered, the work to be completed, and any other terms mutually agreed upon by you and MSK. You can place orders through any method of mobile communication including, without limitation, text messages, phone calls, emails,  WhatsApp messages, social media direct messaging, or any other communication method mutually agreed upon by you and MSK.

Payment, Terms, Rush Fee, and More

  1. General: 
    1. All prices and amounts given by MSK are in U.S. Dollars (USD) unless otherwise noted.
    2. If “Customer” purchases any products or services from MSK, the customer agrees to fully pay for all charges, including taxes and shipping/handling fees, by credit card or with an approved payment method BEFORE we complete an order.
    3. MSK may present flexible options such as 50/50, Net 15, Net 30, or other payment terms. The specifics of these terms can be discussed and negotiated at the time of the contract/order.
    4. The final price will have applicable Sales Tax added. All customers are responsible for paying sales tax based on the regulations governing their respective states.
    5. If a job has been approved by the customer, no changes are allowed to the artwork file, job characteristics, or printing turnaround time. After a project has been sent to our production department, the customer is responsible for paying the entire amount of the job along with applicable taxes, and shipping/handling fees, unless otherwise agreed upon in advance. Once a sign, or any item, has been approved by the customer, even if the customer overlooked any mistake and granted approval, the final price cannot be refunded after the order has been placed. This policy applies without limitation to errors in spelling, punctuation, and picture discrepancies, as approval by the customer constitutes final acceptance.
    6. Rush Fees: Rush orders incur additional fees communicated by MSK.
    7. Late Fees: You agree that all amounts not paid by the due date stated on the invoice sent by Us are subject to a late fee of 18% per annum or the maximum rate allowable by law, and the customer agrees to pay such a late fee.
    8. Sales Tax: MSK changes Texas State sales tax based on all orders unless you are tax-exempt. If you are tax-exempt, you need to send your tax exemption certificate at the time of order.
  2. Print Collateral:
    1. The majority of print projects will necessitate full upfront payment.
    2. For orders exceeding $1001, a 60% upfront deposit is necessary, with the remaining  40% due upon completion, subject to MSK approval. Failure to make the final 40%  payment may result in MSK filing a Mechanic’s Lien as further described in the  Mechanic’s Lien section of this Agreement.
  3. Signage:
    1. For all orders amounting to $1000 or less, full payment is required.
    2. For orders exceeding $1001, a 60% upfront deposit is necessary, with the remaining 40% due upon completion. Failure to make the final 40% payment may result in MSK filing a Mechanic’s Lien as further described in the Mechanic’s Lien section of this Agreement.
    3. Customers are responsible for reimbursing MSK for all permit costs, HOA fees,  and city fees incurred during signage projects. Typically, these fees are billed at their actual cost.

Marketing Promotions and Discounts

All prices and specifications are subject to change without notice. No adjustments will be made after an order is placed. You must request for updated prices from MSK. Special offers are not valid for previous purchases prior to any promotion start date or after any promotion expiration date. Our promotions apply to project charges only. Custom quotes, mailing postage, shipping charges, sales tax, etc. are excluded from our discounted offers. Multiple promotions and offers cannot be combined.

Designs, Approval, and Content (Print Collateral & Signage)

Clients may either avail MSK’s design services or independently provide designs for projects.  Client-provided designs attract associated responsibilities, with clients assuming full accountability for design accuracy, quality, and adherence to legal regulations. In instances where clients supply their designs and solicit MSK’s professional verification, reasonable processing fees apply.

After client approval, MSK shall not be liable in any way for any design content, including, but not limited to, typographical errors, color discrepancies, and design conformity.

Proofs:

We strongly urge customers to check the electronic proof of their artwork prior to submitting the order. No job will be sent to the press without your approval.

  • An online proof is NOT an accurate color reproduction of your final printed piece but is the final opportunity for you to check the layout, bleeds, crops, and final text.
  • Electronic proofs do not show transparency and overprint issues or color changes from RGB/Pantone to CMYK. MSK will not be liable for color variations between the proof and the printed product.
  • The customer is responsible for reviewing and approving the proof accurately.

Artwork Requirements:

  • All artwork, designs, and images must be provided in a minimum of 300 DPI and CMYK color mode. You must ensure your raster image for large-format digital printing falls to 300 dpi at its full size. Vector art offers adaptable dimensions without compromise.
  • MSK is NOT RESPONSIBLE for images printed as fuzzy, distorted, or pixilated due to low-resolution artwork provided by the customer.
  • Color accuracy cannot be guaranteed due to variations in RGB to CMYK conversions.

Image Format:

  • We support various image formats tailored to your needs:
    • Vector Art: eps, ai, pdf, svg
    • Raster Images: jpg, png, psd

Color Accuracy:

  • Our prepress department checks the files, but you are responsible for accuracy. MSK is not responsible for orientation or alignment issues.
  • By submitting the artwork, you certify your right to use the images. We are not responsible for loss/damage of images/artwork.
  • Gang-run printing has a 10% color variance; color-critical jobs may require separate printing.

Bleed and Margin Requirements:

  • Backgrounds require a 0.125-inch bleed outside the trim line; critical elements should be placed 0.125-inch inward from the trim line.
  • Allow for a cutting tolerance of 0.250 inches; avoid borders due to potential uneven cutting.

Two-Sided Artwork:

  • You must ensure the correct alignment of both sides. For folded and die-cut work, back up pages head to head.

Bound Jobs:

  • You must upload multi-page PDFs for bound products with proper page sorting.

Black Ink:

  • You must use CMYK black (100, 100, 100, 100) for large solid areas; avoid rich black for text.

Customer Content:

  • Content uploaded is your responsibility. You agree to comply with local rules and to be liable for all content sent, uploaded, transmitted, or posted.
  • MSK does not control or endorse customer-provided content.

Prohibited Content:

  • Do not upload indecent, threatening, defamatory, or infringing content. MSK is not liable for offensive or objectionable content.

Third-Party Content:

  • MSK does not guarantee the accuracy or endorse the content in advertisements or linked third-party websites.

Disclaimer and Waiver of Liability for Minor Errors in Designs and Installations:

  • You acknowledge that, due to the nature of design and installation processes, minor errors, discrepancies, or variations may occur.
  • You understand and acknowledge that, in the course of designing and installing signs, minor errors or variations may arise. Such errors may include but are not limited to, slight color variations, dimensional discrepancies, or other minor deviations that do not materially affect the overall appearance or functionality of the installed sign.
  • You hereby waive any claims against MSK for minor errors or variations in the design and installation of signs. MSK shall not be held liable for any losses, damages, or costs arising  from such minor errors, and you agree to accept the delivered product “as is.”

Ownership of Design & Theft

  1. Customer-Provided Designs:

You acknowledge and agree that any suggestions, ideas, opinions (including, without limitation,  reviews) or other information submitted or otherwise communicated by you to Us (collectively,  the “Submissions“) become our property, including, without limitation, all copyrights and other intellectual property rights therein, and you assign to Us and waive in favor of Us, any and all present and future rights, including, but not limited to, moral rights, in such Submissions; provided,  however, that nothing in this Agreement shall constitute an assignment or transfer of rights to Us in any files, graphics, logos, designs or copy which you submit to Us specifically for the purposes of procuring a quote for or purchasing Our sign design and graphic design services or related products (collectively, “Client Materials“). We will be entitled to use each Submission, except  Client Materials, for any commercial or other purpose whatsoever without compensation or other accounting to you or any other person sending the Submissions, and will not incur any liability as a result of any similarities that may appear in our future operations. You will continue to be responsible for the substance of the Submissions including, without limitation, any indemnification obligations related to such Submissions. We will not be required to treat any  Submissions as confidential. You acknowledge and agree that all or any portion of the  Submissions, except Client Materials, may be used, edited, reproduced, published, translated,  sublicensed, copied and distributed and/or incorporated into other works in any form, media, or technology now known or hereafter developed, without compensation or accounting of any kind.

By submitting any Submissions, you represent and warrant that you have the full right and authority to submit such Submissions, and that no such Submissions are subject to any copyright or other proprietary right of a third party. In addition, you agree not to post e-mails or submit to or  publish through the Website (including any Submission), or act in a way, which violates this  Agreement or in our opinion:

    1. seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
    2. transmit inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement or under any contractual or other relationship;
    3. advocate or promote illegal activity;
    4. impersonate or misrepresent your connection to any other entity or person or otherwise manipulate headers or identifiers to disguise the origin of the content;
    5. solicit funds, advertisers, or sponsors;
    6. copy any other pages or images on the Website, except with appropriate authority; or
    7. engage in any activity that constitutes “data warehousing” (i.e., using any web space made available to you as storage for large files that are only linked from other sites.

We reserve the right to review, edit, or remove any Submission that we deem, in our sole discretion, to be inappropriate for, illegal, or offensive to Us or any third parties, for any reason whatsoever.

To ensure this, you must provide an NDA form to MSK, thereby conferring the necessary rights and permissions for the design’s use in internal projects.

  1. MSK-Provided Designs:

Designs created by MSK shall be owned by MSK unless the customer has purchased the rights to the design. You have the option to acquire ownership rights for these designs, and the pricing will be determined based on factors such as design development hours, design value, and will be set by  MSK at the time of the request.

  1. Do Not Violate Third Party Intellectual Property Rights:

Without limiting any of Our rights or your obligations under this Agreement, you may not, and by using the Services or the Website you agree not to, use the Services or the Website to: (i)  transmit material that is copyrighted or proprietary unless you are the owner or have obtained the permission of the owner to transmit it; (ii) transmit material that reveals trade secrets, unless you own them or have the permission of the owner to so transmit them; or (iii) transmit material that infringes on any Intellectual Property Rights (as defined below) of others or violates the privacy or rights of publicity of others. For purposes of this Agreement, the term “Intellectual Property  Rights” means collectively, rights under patent, trademark, copyright, and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral rights and similar rights.

  1. Ownership:

All content and materials on the Website including, without limitation, any trademarked items,  button icons, images, audio clips, software, copyrights, patents, and other materials included in the Services, are Our property or Our licensors’ property in which We or Our licensors own the  Intellectual Property Rights, and are protected by U.S. and international copyright, patent,  trademarks, and other proprietary rights laws. The compilation of all content on the Website is Our exclusive property and is protected by U.S. and international copyright laws.

  1. Unauthorized Use of MSK Designs:

In instances where the customer employs an MSK-provided design without completing a purchase or obtaining approval from MSK, MSK retains the right to issue a bill commencing at $500, with the possibility of escalating up to $5000 per design. This fee is designed to address the unauthorized usage of MSK designs.

Approval Process

  1. Print Collateral:
    1. All projects require customer approval prior to production.
  1. Signage:
    1. All projects require customer approval prior to production.
    2. The responsibility for projects necessitating landlord approval rests with the customer. It is imperative for the customer to promptly inform MSK about any landlord requirements prior to granting approval for the signage to enter the fabrication process.
    3. When the customer consents to city permitting and provides payments for associated fees, MSK assumes responsibility for projects necessitating city approval.
    4. When HOA approval is a prerequisite for signage authorization, it is essential for the customer to promptly notify MSK. This notification will enable MSK to assist in expediting the HOA approval process.
    5. Customer shall be responsible for maintaining all necessary permits or variances from public authorities.
    6. The completion of the project shall adhere to the sign drawing and elevation specifications associated with the job, as endorsed by the customer and itemized in the invoice. Any alterations to the project description necessitate written approval from both parties.
  2. Print Collateral & Signage:

We strongly urge customers to check the electronic proof of their artwork prior to submitting the order. No job will be sent to the press without your approval.

    1. An online proof is NOT an accurate color reproduction of your final printed piece but is the final opportunity for you to check the layout, bleeds, crops, and final text.
    2. Electronic proofs do not show transparency and overprint issues or color changes from RGB/Pantone to CMYK. MSK will not be liable for color variations between the proof and the printed product.
    3. The customer is responsible for reviewing and approving the proof accurately.

Materials and Quality

Customers have the option to indicate their preferred materials prior to commencing a job. In cases where the material specifications are confirmed during the order placement, MSK takes on the responsibility of fulfilling the order exactly as per the request. In situations where specifications are not explicitly stated, MSK utilizes its expertise to make optimal material choices and will bill accordingly.

Turnaround Time

  1. General:
    1. Estimated production turnaround time provided by MSK is based on the typical number of hours or days that a project requires to complete under normal circumstances, excluding Saturdays, Sundays, holidays, and weather-related delays. MSK is closed on Saturdays, Sundays, and holidays, so these days are not considered when calculating project turnaround time.
    2. Annual MSK non-production dates: New Year’s Day on Jan 1, Memorial Day on the last Monday in May, Independence Day on July 4, Labor Day on the first Monday in September, Thanksgiving on the fourth Thursday & Friday in November, Christmas on December 25, and Eid Holidays for Muslims based on the Muslim calendars. MSK will notify you if there are special non-production dates that arise.
    3. We will not refund a job based on turnaround time. If you have a time-sensitive job, please be sure to notify MSK. Cancellation of a job based on turnaround time is permitted ONLY if MSK agrees to these terms in writing as a condition when the customer places the order.
    4. If we deem that the submitted artwork is low quality (i.e. low resolution) which will cause low-quality prints, we may put your job ON HOLD until you re-submit and re-approve new artwork. This time is NOT INCLUDED in turnaround time. Furthermore, the customer is 100% responsible if the artwork they submit is low-quality, and in turn, the products produced are low-quality.
  2. Print Collateral:
    1. For standard products, the typical turnaround time is 3-5 business days. b. Specialty products and unique print collateral items have distinct, specified turnaround times. MSK will provide this information upon order placement. c. While unforeseen delays can occur, it is important to note that delays do not automatically grant customers the right to cancel the project, except under exceptional circumstances.
    2. While printing turnaround time includes printing, cutting, and binding, it does not include mailing or shipping transit times. If you are having the order shipped, you should allow additional business days for delivery based on the shipping method you select.
  3. Signage:
    1. Landlord and city approvals are not part of the MSK turnaround. As both the landlords & cities are their own entities.
    2. Depending on the type of signage the customer is requesting, MSK provides an anticipated turnaround at the time of order.
    3. Delays may happen and thus delays do not give the customer rights to cancel the project, unless in special circumstances.

Delivery and Installation

  1. General
    1. For any product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such product shall be deemed to have occurred at the time we transmit the product via email or other electronic communication addressed to the customer.
    2. Once MSK ships the order, the customer agrees that ownership and responsibility of the product and service transferred to the customer. This means that the risk of loss and title for such items passes to you upon Our delivery to the carrier.
  2. Print Collateral (Shipping / Delivery):
    1. MSK offers shipping and handling for print collateral projects. Customers are responsible for paying shipping costs.
    2. No refund on shipping charges will be allowed on any job once it has shipped. c. Our responsibility is limited to preparing your printing order and delivering it to UPS for delivery. 
    3. Once a package is shipped, MSK is not responsible and will not be liable for late or damaged packages during the shipping process.
    4. Please keep in mind that shipping transit time is based on the number of business days in transit and does not include weekends, holidays, or the day the package is picked up by UPS. Arrival dates are only estimates because they can be subject to unforeseen delays in transit.
    5. MSK is not responsible for any delays in shipping and we will not upgrade the shipping method to accommodate a missed estimated ship date. Customers may feel free to upgrade the shipping method before We ship at the customer’s expense.
    6. If a package is not delivered due to an error made by the customer in submitting the proper shipping address, MSK will reship the package with the corrected address and charge an additional non-refundable shipping/handling fee for the shipment.
  3. Print Collateral & Signage (Pick-Up):
    1. Pick-up orders will be kept for 30 days from the delivery of the pick-up notification by text, email, WhatsApp, or any form of preferred communication.
    2. If the order has not been picked up from MSK’s facility within 30 days, it will be shipped directly to the customer, and the customer will be billed for applicable shipping charges, however, We cannot ship to P.O. Boxes or APO/FPO.
  4. Signage (Installation):
    1. Primary Electrical Connection (if applicable): The customer is to furnish all primary electrical services and connections to the sign, including timers, photocells, switches, and/or other controls required by local city ordinances, at the customer’s own expense. STANDARD CONNECTION: 120 VOLTS.
      1. Minimum 20 AMP Circuit @ 120 V
      2. Junction Box Installed within 6 Feet of Wall
      3. Three Wires: Line, Ground, Neutral
    2. Private Lines (if applicable): All private lines must be clearly marked by the customer (such as sprinkler systems and ground lighting). Any damage to private lines that are not clearly marked is the responsibility of the customer.
    3. Exterior & Interior Electrical Signage
    4. Exterior & Interior Non-Electrical Signage
    5. Wall Graphics
    6. Window Graphics
    7. Car Wraps (Full & Partial)
    8. All Other Signage
  5. Wall Graphics & Windows:
    1. Must be cleaned & pressure washed. We are not responsible for cleaning the corners and extra dust.
    2. Must be painted properly, certain vinyls do not stick to the wall properly due to the paint used.
    3. For extra precaution, paint the wall with Bullseye Zinsser 1-2-3 Primer
    4. You may request for us to use Pro Bond Adhesive Promotor.

Ownership of Signage Property

We shall contribute parts and materials to manufacture the signage related to the Project (“Signage  Property”). The customer acknowledges and agrees that all Signage Property is owned by Us until receipt of the final payment for the project. The customer expressly agrees that title to the Signage  Property is retained by Us and in Our name.

Change Orders

Any alterations to the project description that the customer requests must receive mutual agreement from the involved parties through a client change order form or communication tools. Once all parties have granted approval, the agreed-upon changes will be incorporated into the project. We reserve the right to suspend all project-related work at Our discretion until the client change order contract is duly signed by the customer.

Additional Work

Unless stated as part of the contract amount on the invoice or contract, the customer shall pay an  additional amount for the project in the event that:

    1. Inadequate access to the installation location is provided, abnormal soil conditions or underground obstructions exist, including, without limitation, the existence of solid rock, pipes, underground wires, etc.;
    2. We must perform services related to obtaining a variance;
    3. We are required to provide documentation to obtain permits and approvals for the project other than the project description described above, including, without limitation, shop drawings, samples, design layouts, and modifications to architectural site plans;
    4. We are required to remove free-standing signs or prior signs on a structure located on or near the installation site;
    5. Additional visits to the project site for any alterations after the initial installation; f. We must obtain permits or approvals, or (vi) We are requested or required to do any other additional work related to any project that is not described in the quotation and purchase contract page of any contract.

Customer Delay

We shall not be liable for any delay in the performance of this project caused by or resulting from the customer’s acts, omissions, or delays in its obligations under these terms and conditions.

Liability and Indemnification

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE, OR ANY OF OUR  DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, VENDORS, AND/OR SUPPLIERS WILL  NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE,  CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY  RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICES OR ANY ASPECT OF  THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF  PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, WHETHER  BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE  (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IF  YOU ARE DISSATISFIED WITH ALL OR ANY PORTION OF THE WEBSITE OR THE  SERVICES, OR WITH ALL OR ANY OF THE AGREEMENTS, YOUR SOLE AND  EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE  INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE  LIABILITY OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,  VENDORS, AND/OR SUPPLIERS FOR ANY REASON AND UPON ANY CAUSE OF  ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY  AND OTHER ACTIONS IN CONTRACT OR TORT) ARISING OUT OF OR IN ANY WAY  RELATED TO THE WEBSITE, SERVICES, OR THIS AGREEMENT SHALL BE LIMITED  TO DIRECT DAMAGES ACTUALLY INCURRED UP TO TWO HUNDRED FIFTY  DOLLARS (US$250). THE LIMITATION OF LIABILITY HEREIN APPLIES TO ALL  LIABILITIES IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, THOSE  RESULTING FROM YOUR USE OR YOUR INABILITY TO USE THE WEBSITE OR  SERVICES, OR ANY OTHER MATTER. BECAUSE SOME STATES OR JURISDICTIONS  DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR  CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT  APPLY TO YOU.

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS MSK, AND ALL ITS DIRECTORS,  OFFICERS, AGENTS, EMPLOYEES, SUPPLIERS, VENDORS, AND SERVICE  PROVIDERS, AND, AT OUR REQUEST, TO DEFEND US FROM AND AGAINST ANY  CLAIM, DEMAND, CAUSE OF ACTION, DEBT, LOSS OR LIABILITY, INCLUDING  REASONABLE ATTORNEYS’ FEES, TO THE EXTENT THAT SUCH ACTION IS BASED  UPON, ARISES OUT OF, OR RELATES TO YOUR USE (OR INABILITY TO USE) THE  SERVICES, ANY ASPECT OF THE WEBSITE, ANY OTHER ACTIVITIES OF YOURS  ACCOMPLISHED USING THE SERVICES OR THE WEBSITE, OR CLAIMS FOR  COPYRIGHT INFRINGEMENT, DEFAMATION, INVASION OF PRIVACY, OR  INFRINGEMENT OF RIGHTS OF PUBLICITY, THAT ARE MADE BY ANY THIRD PARTY  ARISING OUT OF ANY SUBMISSION.

Disclaimer of Warranties  

YOUR USE OF THE SERVICES AND THE WEBSITE IS AT YOUR SOLE RISK. THE  SERVICES AND THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”  BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING  WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR  FITNESS FOR A PARTICULAR PURPOSE OR USE, ANY WARRANTIES OF TITLE,  NONINFRINGEMENT, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM  INTEGRATION OR FREEDOM FROM COMPUTER VIRUS. WE DO NOT WARRANT  THAT THE WEBSITE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR  ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. IN  ADDITION, WE DO NOT WARRANT THAT INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE OR FROM US IN ANY WAY, INCLUDING, WITHOUT  LIMITATION, ESTIMATED FEES BASED ON USER-PROVIDED INPUT, ANY SALES  TRANSACTIONS PAGE OR SIMILAR SOFTWARE FUNCTION, ARE APPROPRIATE,  ACCURATE, TIMELY, RELIABLE, USEFUL OR AVAILABLE FOR USE IN ANY  PARTICULAR JURISDICTION. ACCESSING THE WEBSITE FROM JURISDICTIONS  WHERE THEIR CONTENTS ARE ILLEGAL IS EXPRESSLY PROHIBITED. IN THE EVENT  OF A TYPOGRAPHICAL ERROR RELATING TO THE PRICE OR QUANTITY OF AN ITEM  FEATURED OR DESCRIBED ON ANY WEBSITE OR COMMUNICATION FROM US, WE  RESERVE THE RIGHT TO REFUSE TO FILL ANY ORDER(S) THAT RELY ON SUCH  TYPOGRAPHICAL ERROR. ALL PRICES AND SERVICES LISTED ON THE WEBSITE OR  PROVIDED BY US ARE SUBJECT TO AVAILABILITY AND LIMITED QUANTITIES.  CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE MAY  MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE OR ANY  INFORMATION PROVIDED BY US AT ANY TIME, WITHOUT PRIOR NOTICE. YOU  ACKNOWLEDGE, BY YOUR USE OF OUR SERVICES, THAT YOUR USE IS AT YOUR  SOLE RISK.

Cancellation and Refunds

All sales are final since We customize each order. No refunds will be given once MSK starts working on your order. Work will begin on your job as soon as we receive your files,  confirmations, and/or payments. In the event that We have not started on a specific order, We may allow a partial refund subject to the cancellation processing fee. However, any labor hours  (proofs, graphic design, research, fabrication, installation, etc.) or administrative fees (credit card, bank fees, etc.) will be subtracted from your refund. We will not accept any refund requests after 7 days from the date you placed the order. In the event that a project is terminated and/or downgraded, the customer shall pay Us for all work in progress related to the Project up to date of termination plus a cancellation fee of 25% of the total contract amount, unless otherwise specified.

Attorney’s Fees

If a suit, action, arbitration, or other proceeding of any nature whatsoever is instituted in connection with any controversy arising out of this Agreement or to interpret or enforce any rights under this  Agreement, the prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorney’s fees incurred in enforcing this Agreement.

Force Majeure

We shall not be liable for the failure of or delays in the performance of the terms of this Agreement resulting from strikes, breakage, fire, labor disputes, unforeseen commercial delays, war, acts of God, or other causes beyond Our control. 

In addition, the customer shall not hold MSK responsible, and MSK shall not be liable for any damage to landscaping that occurs during installation.

MSK shall not be liable for roof warranty work if the roof membrane is penetrated as part of the normal installation process. The customer agrees to pay the original roof contractor for any needed repairs or patching in order to keep the original roof warranty intact.

Mechanics Lien

The Customer acknowledges and agrees that MSK shall provide services and furnish materials and labor to manufacture signage related to the Project and further agrees that such materials or labor is for the improvement of real property. Therefore, unless otherwise prohibited by state law, the customer authorizes Us to file a Mechanic’s Lien for any amounts due under this Agreement. The customer further agrees to pay MSK an administration fee for all costs incurred in filing a Mechanic’s  Lien, and further agrees to pay all legal fees and court costs in connection with the enforcement of a Mechanic’s Lien.

Independent Contractor Status

In these terms and conditions, We shall be deemed an independent contractor. It is the intention of the parties that: (i) MSK shall specifically not occupy the status of an agent, servant, or employee of the customer; and (ii) the relationship between MSK and the customer shall specifically not be that of partnership, joint venture, or other similar association. During the progress of the performance of the project, the customer will not, without MSK’s prior written consent, direct or attempt to direct the employees, agents, or subcontractors involved in the performance of services related to the project or the installation of the Signage Property.

Accounts Access & Passwords

You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.

Right to Refuse Service

MSK reserves the right to cancel or otherwise refuse print jobs it deems are obscene or offensive,  including, but not limited to, pornographic materials. MSK reserves the right to charge the customer for services rendered up to the point that the job was cancelled.

Miscellaneous

    1. In any legal action brought by or against Us in relation to this Agreement, the prevailing party shall be entitled to recover its costs and reasonable attorney fees in addition to any other relief that may be awarded. If a court should find one or more of the terms of this Agreement unenforceable, the remaining terms will nonetheless remain binding on the parties;
    2. This Agreement is the complete agreement between the parties regarding the subject matter set forth herein, and this Agreement supersedes all previous oral or written agreements regarding this subject matter;
    3. This Agreement cannot be voided or amended without Our written approval; d. You shall not make any assignment of this Agreement, but We may assign this Agreement in Our sole discretion;
    4. This Agreement constitutes the entire agreement between you and Us with respect to the subject matter addressed herein, and governs your use of the Services, superseding any prior agreements between you and Us relating to such subject matter;
    5. The failure of Us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision; and
    6. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and that the other provisions of this Agreement remain in full force and effect.

Copyright Notice

You, the User, acknowledge that all content provided by MSK via the website, via email, or any communication form including, without limitation, the information, data, software, photographs,  graphs, typefaces, graphics, images, illustrations, maps, designs, icons, written and other material and compilations are intellectual property and copyrighted works of MSK and/or its subsidiaries or the copyrighted property of parties from whom MSK has licensed such property, without the written consent of MSK and/or its various third-party providers. It is strictly prohibited to use,  copy, reproduce, republish, upload, post, or transmit any content to or from the MSK companies,  in all forms, media, and technologies. It is also prohibited to use any robot, spider, or other automatic device, or manual process to monitor or copy our Web pages or the content contained therein without prior written permission of the owner.

You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any trademarks, service marks, or logos (including words, names, and designs) that are not owned by you or licensed to you onto materials and merchandise to be printed with MSK printing services.

You shall not use unlicensed copyrighted materials from photographers, artists, publishers,  composers, writers, and other authors of original works where the copyright owner’s exclusive rights prohibit the reproduction of any original work. MSK policy strictly prohibits the use of explicit language or pornography on printed materials and merchandise.

Email Notifications

By purchasing an order through MSK, you agree to receive emails related to the status of your account or purchase order, including job status changes, job shipment, or job-related warnings such as delays or art issues. You cannot unsubscribe to these emails because they are necessary to facilitate communication between MSK and its customers. 

You agree to promptly update your information (if applicable) in order to keep it current, complete, and accurate. MSK is not responsible for email notifications that are redirected or not received in the inbox due to an incorrect email provided by the customer, or customer’s email filter settings that do not allow acceptance of our emails, or any other technical difficulties beyond our control. 

E-mail notifications are provided as a courtesy to the customer, however, it remains the customer’s responsibility to check with MSK or contact a customer service representative for the status of their order. 

Periodic newsletters, product specials, promotions, sales, coupons, and time-sensitive offers are only sent to those who sign up to receive our newsletter and provide their email addresses. You have the option to unsubscribe from these services at any time. 

Use Restriction

You may only use MSK & MSK resources to make legitimate requests to purchase the products or services offered and shall not use them to make any speculative, false, or fraudulent requests. You may not use robots or other automated means to access this Site unless specifically permitted by  MSK. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of MSK. It is a violation of law to place a request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your web browser sends a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users may be prosecuted to the fullest extent of the law. MSK  allows the user to electronically copy and/or print hard-copy portions of MSK resources for the sole purpose of using MSK as a shopping resource. Any other use of materials or content on MSK,  including reproduction for a purpose other than that noted above without prior written consent of  MSK is prohibited.

User Feedback

All comments, feedback, suggestions, and ideas submitted, copied, or sent to our email address become and remain the exclusive property of MSK. You relinquish all rights to such comments,  feedback, suggestions, and ideas. These may be used and quoted by MSK in any medium for any purpose anywhere without obtaining your consent. MSK is not obligated to pay the person who commented any compensation for any of the comments submitted if we choose to publish the comments and the first name and first initial of the last name of the person who commented. You agree you will be solely responsible for the content of any comments you make.

Links to other Websites/Services

Our Website contains links to outside services and resources, and any concerns regarding such services or resources should be directed to the particular outside service or resource provider. We are not responsible for the content located on any third-party site nor do we warrant the accuracy or completeness of the information or content included on the Websites of these outside services and resources, even if We provide links to them. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and We are therefore not responsible. We encourage all users to review said privacy policies of third-party Websites. Outside services and resources are in no way related to MSK. 

Modifications/Termination of Usage

MSK reserves the right to modify or discontinue the Service with or without notice to the user.  MSK shall not be liable to users or any third party should it exercise its right to modify or discontinue the Service. User acknowledges and accepts that MSK does not guarantee continuous,  uninterrupted access to our business, and the operation of our business may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Terms of Agreement

You understand and agree to follow these Terms and Conditions, together with the Privacy Policy.  This agreement is between the user and MSK Signs & Printing Solutions LLC, and it supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified unless in writing and available on this Site. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired and shall remain valid and enforceable to the maximum extent possible.

Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of  Texas without regard to choice of law principles, and the customer hereby irrevocably submits to the jurisdiction of the state and federal courts in such state for all disputes or legal claims arising from these terms & conditions. 

Dispute Resolution

If a dispute arises out of or relates to this Agreement or its breach (with the exception of rights to injunctive relief with respect to Intellectual Property Rights and obligations with respect to confidentiality), and the parties have not been successful in resolving the dispute through direct negotiation, then the dispute shall be resolved in binding arbitration in accordance with the following procedures: (i) the dispute must be resolved by arbitration administered by the American  Arbitration Association under its Commercial Arbitration Rules, (ii) any judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction, (iii) the location of the arbitration shall be in Houston, Texas, USA, and (iv) the parties shall have the right to take discovery of the other party by any method allowed by the Federal Rules of Civil Procedure. In addition, all of the following conditions shall apply: The arbitrator(s) shall each be a natural person who has never been employed (either as an employee or as an independent consultant) by either of the parties, or any parent, subsidiary, or affiliate thereof. The arbitrator(s) may upon request exclude from use in the arbitration proceeding any evidence not made available to the other party pursuant to a proper discovery request. The arbitrator(s) shall issue a reasoned award. The cost of the arbitration shall be borne equally by the parties pending the award. Upon the decision of the arbitrator(s), the prevailing party shall be entitled to receive from the other party its reasonable attorneys’ fees and costs. The parties, their representatives, other participants, the arbitrator(s), and the administrator(s) of the arbitration shall hold in confidence the existence, content, and outcome of the arbitration. Notwithstanding the foregoing, you acknowledge and agree that we may apply to any state or federal court having jurisdiction to (i) enforce the agreement to arbitrate, (ii) seek provisional injunctive relief, without the necessity of posting a bond, so as to maintain the status quo until the arbitration award is rendered or the dispute is otherwise resolved, or to otherwise to prevent irreparable harm, or (iii) challenge or vacate any final decision or award of the arbitration panel that does not comport with the express provisions of this Section. To the fullest extent permitted by applicable law, no arbitration or case brought in connection with a dispute arising under this Agreement shall be joined to an arbitration or case involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

IF YOU DO NOT UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT  OR DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS  AGREEMENT, PLEASE DO NOT USE OUR SERVICES OR WEBSITE.