Legal
Terms & Conditions
Lively Digital LLC · Indiana · Last updated July 21, 2026 · v1.0
These terms cover orders for branded apparel, promotional products, and web design. Placing an order or approving a proof means you agree to them.
1Quotes
Quotes are valid 30 days and are based on the quantity, product, and decoration specified. Changing quantity, garment, ink colors, or imprint locations requires a revised quote — pricing is quantity-tiered and does not scale linearly.
2Orders & Proofs
Orders follow this sequence: quote accepted → deposit clears → digital proof provided → you approve the proof in writing → blank goods ordered and production scheduled.
Upon approval of the artwork proof, your order becomes non-cancellable and any deposit is non-refundable — blank goods are ordered immediately after approval, and custom decorated goods have no resale value.
You are responsible for proof accuracy. Check spelling, colors, sizes, placement, and quantities. Errors approved on a proof are reprinted at your cost.
3Over-runs & Under-runs
Decorating equipment runs at speed and exact counts are not achievable, so orders may ship up to 5% over or under the quantity ordered, and are billed at the actual quantity shipped. This is standard across the promotional products industry. If you need a guaranteed minimum, tell us at quote time — we order overage to guarantee the count, and that overage is billed.
4Spoilage Allowance
A small amount of production spoilage is normal and is not grounds for credit:
| Goods | Allowance |
|---|---|
| Standard decoration on standard apparel | 2% |
| Specialty decoration (specialty inks, multi-location, oversize) | 3% |
| Polyester, tri-blends, performance fabrics | 5% |
| Customer-supplied garments | 5% or 2 pieces, whichever is greater |
5Artwork & Copyright
Preferred formats: vector (.ai, .eps, .svg, vector .pdf). Raster art must be 300 DPI at final imprint size. Art requiring recreation or vectorization is billed at our current art rate and quoted before work begins.
By submitting artwork, you represent and warrant that you own all rights to it, or have obtained all necessary permissions and licenses for its reproduction, and you agree to indemnify and hold harmless Lively Digital LLC from any claims, damages, liabilities, or expenses arising from its use, reproduction, or distribution. We reserve the right to decline any artwork we believe infringes a third party's rights.
6Color Matching
Screens, monitors, and printed proofs do not reproduce color identically. We match PMS colors as closely as the process and substrate allow; exact matching is not guaranteed. Ink color varies across fabric colors and material types, and dye lots vary between garment production runs — reorders may not match the original exactly.
7Customer-Supplied Goods
Goods you supply are accepted at your sole risk. We are not responsible for damage, defects, shrinkage, or loss occurring during decoration of goods we did not supply, and we do not replace them. Please send extras — a 5% spoilage allowance (minimum 2 pieces) applies. Count and condition are verified on receipt, and discrepancies are reported before production begins.
8Setup & Decoration Charges
Setup charges apply per color, per location, and are quoted before the order. Setup is not waived on reorders with artwork changes; reorders of unchanged artwork within 12 months receive reduced or waived setup. Rush production, when available, carries a rush charge quoted in advance.
9Production Time & Shipping
Production time is quoted in business days and begins the business day after proof approval — it does not include shipping transit time. Ship dates are estimates and we are not liable for carrier delays. If you have a hard in-hands date, state it at quote time so production and shipping can be planned around it.
10Inspection, Claims & Returns
Inspect on receipt. Claims must be submitted in writing within 10 calendar days of delivery, with photos of the issue and packaging. Custom decorated goods are non-returnable and cannot be restocked. Where a claim is valid, our liability is limited to reprinting the affected goods or crediting their value, at our option, and in no case exceeds the invoice amount for the affected goods. We are not liable for indirect or consequential damages, including lost revenue from a missed event.
11Payment
- Terms are Net 14 unless otherwise stated
- A deposit is required per Section 2; balance is due before or at delivery unless credit terms are agreed in writing
- Past-due balances may carry a late fee, and work on other open orders may be suspended
- Returned payments are billed the bank fee plus a processing charge
12Sales Tax
Indiana sales tax at 7% applies to goods (apparel and promotional products). Services — web design, development, hosting, and maintenance — are not taxable. Exempt buyers must provide a valid exemption certificate before invoicing; tax cannot be removed retroactively from a filed period.
13Web Design Projects
Web design, development, hosting, and maintenance are provided as services. Project scope, revisions, and timelines are set in the project quote; changes beyond the agreed scope are quoted separately.
Ownership and transfer of a web project follow the signed Services Agreement for that project (for a Build & Care Plan, the site design, code, and domain transfer to the client on the schedule set in that agreement). Where a signed project agreement and these general Terms differ, the signed agreement controls. Absent a separate agreement, work product and intellectual property transfer to the client upon full payment.
14General
These terms are governed by the laws of the State of Indiana, without regard to its conflict-of-law rules, and any dispute arising under them will be handled in the state or federal courts located in Indiana. Where a signed Services Agreement covers the same subject, that agreement controls.
15Contact
Questions about these terms? Email wlively@getlivelydigital.com.