These Terms and Conditions (“Terms”) apply to every purchase, quote and order placed through promonfc.com or with our team. PromoNFC is operated by DigitizeYourBrand LLC (“PromoNFC”, “we”, “us” or “our”). By placing an order or accepting a quote, you (“you” or “Customer”) agree to these Terms.
1. Definitions
- “Products” means the custom promotional merchandise we sell, including NFC Products.
- “NFC Products” means any item embedded with a near-field communication (NFC) chip that we program or supply.
- “Tap2Launch” means the NFC management platform operated by our affiliate Tap2Interact, which lets you manage where your NFC Products point and view tap analytics.
- “Artwork” means the logos, images, text, colors and other materials you supply for your Products.
- “Proof” means the digital preview of your Products that we send for your review and approval before production.
- “Order” means a purchase placed through our website checkout, or a quote you have accepted in writing.
2. Orders and Pricing
2.1 Order Acceptance
All Orders are subject to our acceptance. You will receive an order confirmation by email after checkout. We may decline or cancel an Order, with a full refund of any payment made, for reasons including product availability, Artwork that does not meet Section 8.1, pricing errors or compliance concerns.
2.2 Minimum Quantities and Quantity Pricing
Each Product has its own minimum order quantity, shown on its product page. Pricing is tiered: the price per piece is shown for each quantity break and applies automatically at checkout. Different colors or versions of the same Product count together toward its minimum and pricing tiers.
2.3 Prices
Prices are in U.S. dollars. Website prices are those shown at checkout when you place your Order. Custom quotes are valid for thirty (30) days from issue unless the quote states otherwise. If a Product is listed at an incorrect price because of an error, we will contact you before processing the Order and you may cancel at no charge.
3. Payment
3.1 Website Orders
Website Orders are paid in full at checkout by credit or debit card, Apple Pay or Google Pay. Payments are processed securely by Stripe; PromoNFC does not store your full card number.
3.2 Freight-Quoted Orders
Orders weighing more than 50 lb are placed without payment so we can quote freight. We will email your shipping cost and a secure payment link, usually within one (1) business day. Payment of the full amount, including freight, is required before production begins.
3.3 Quoted and Invoiced Orders
For Orders placed by quote rather than website checkout, unless otherwise agreed in writing: Orders under $5,000 USD are due in full before production begins; Orders of $5,000 USD or more require a 50% deposit to begin production, with the balance due before shipment. Invoices not paid within thirty (30) days of the due date may accrue interest at 1.5% per month or the maximum rate permitted by law, whichever is lower.
3.4 Taxes and Duties
Prices do not include taxes. Sales tax is added at checkout for Orders shipping to California addresses. Tax-exempt organizations and resellers may email a valid exemption or resale certificate before ordering. International Orders may be subject to import duties, taxes and customs fees charged by the destination country; these are the recipient’s responsibility.
4. Artwork, Proofs and Production
4.1 Artwork Submission
You can upload Artwork at checkout or afterward from your order confirmation page or My Account (AI, EPS, PDF, SVG or PNG at 300 dpi). Production timelines begin only after we receive usable Artwork.
4.2 Proofs and Approval
We send a digital Proof for every Order. Production begins only after you approve the Proof. Please review spelling, colors, sizing and layout carefully: once a Proof is approved, PromoNFC is not responsible for errors that appear in the approved Proof.
4.3 Colors and Appearance
Colors on screens and Proofs are approximations. Printed colors may vary slightly from on-screen colors and between production runs, and Products may vary slightly in size, shade and finish due to manufacturing tolerances.
4.4 Lead Times
Estimated production times are shown on each product page and begin after Proof approval and payment. They are estimates, not guarantees, and may be affected by supply chain conditions, carrier delays, events beyond our control or late Artwork or approvals.
5. Shipping and Delivery
Shipping costs are estimated at checkout based on your address and Order weight; freight-quoted Orders are handled as described in Section 3.2. We may ship using the carrier and service of our choice that meets or improves on the selected delivery speed. Title and risk of loss pass to you when the Order is delivered to the carrier. Please make sure your shipping address is complete and accurate; re-shipping costs caused by incorrect addresses are your responsibility. Full details are in our Shipping and Returns Policy.
6. Cancellations, Returns and Reprints
Because our Products are made to order with your branding:
- Orders may be cancelled at no charge within twenty-four (24) hours of placement, provided production has not started.
- Once production has started, cancellations are subject to a fee equal to costs incurred plus a 15% restocking and administrative fee.
- Custom Products cannot be returned for change of mind.
- Products that are defective or that do not match your approved Proof will be reprinted, replaced or refunded at our discretion. Claims must be submitted within fifteen (15) days of delivery with photos and a description of the issue.
7. NFC Products and Tap2Launch
7.1 Tap2Launch Access
Every Order of NFC Products includes free access to Tap2Launch, which lets you change where your NFC Products point, target content and view tap analytics. Use of Tap2Launch is also governed by the Tap2Interact Terms and Conditions and Privacy Policy.
7.2 Compatibility
Our NFC Products work with most smartphones and require no app. Tap performance can vary with phone model and settings, phone cases, the material and placement of the chip, and the destination content.
7.3 Destination Content
You are responsible for the websites, files and other content your NFC Products link to, and for making sure that content and any data it collects comply with applicable law. Optional features such as custom AI agents are provided under the Tap2Interact terms referenced above.
8. Intellectual Property
8.1 Your Artwork
You keep all rights in your Artwork. You grant us a limited, royalty-free license to use, reproduce and modify your Artwork only as needed to prepare Proofs and produce and deliver your Order. You confirm that you own or have permission to use all Artwork you provide and that its use will not infringe the rights of any third party. We may decline Artwork that we believe infringes third-party rights or is unlawful, offensive or harmful.
8.2 Our Technology
PromoNFC and Tap2Interact retain all rights in our websites, NFC programming, Tap2Launch, software, templates and related technology.
8.3 Portfolio Use
Unless you ask us in writing before your Order is placed to keep your project confidential, we may show photos of your finished Products in our portfolio, website and social media.
9. Acceptable Use
You agree not to use our Products, NFC links or Tap2Launch to violate any law; send spam or deceptive content; infringe intellectual property or privacy rights; distribute malware; engage in phishing, fraud or impersonation; or collect personal data without proper notice and consent. We may disable NFC links or platform access that we reasonably believe are used in violation of this Section.
10. Warranties and Disclaimers
We warrant that Products will materially conform to the approved Proof and Product description at delivery. Your sole remedy for breach of this warranty is reprint, replacement or refund under Section 6. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, PRODUCTS, NFC FUNCTIONALITY AND TAP2LAUNCH ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, PROMONFC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR MISSED EVENT DEADLINES, ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ORDER. OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE ORDER GIVING RISE TO THE CLAIM. Some jurisdictions do not allow certain limitations, so these may not apply to you to the extent prohibited by law.
12. Indemnification
You agree to indemnify and hold harmless PromoNFC, DigitizeYourBrand LLC and their affiliates, officers, employees and agents from claims, losses and expenses (including reasonable attorney’s fees) arising from your Artwork, your destination content, your use of the Products or your violation of these Terms or any law.
13. Privacy
Our Privacy Policy, Cookie Policy and California Privacy Rights notice explain how we collect and use your information.
14. General Provisions
14.1 Governing Law
These Terms are governed by the laws of the State of California, without regard to its conflict of law rules. Disputes shall be resolved exclusively in the state or federal courts located in Orange County, California.
14.2 Dispute Resolution
Before starting formal proceedings, both parties agree to try to resolve any dispute informally through written notice and good-faith discussion for at least thirty (30) days.
14.3 Force Majeure
Neither party is liable for delays caused by events beyond its reasonable control, including natural disasters, government actions, supply chain or carrier disruptions, labor disputes or internet outages.
14.4 Entire Agreement and Changes
These Terms, your order confirmation, any accepted quote and our policies are the entire agreement between us. We may update these Terms by posting a revised version on this page; the version in effect when you place an Order applies to that Order.
14.5 Severability, Waiver and Assignment
If any provision is found unenforceable, the rest remains in effect. A waiver must be in writing to be effective. You may not assign these Terms without our written consent.
15. Contact Information
PromoNFC · DigitizeYourBrand LLC
Website: promonfc.com
Email: info@digitizeyourbrand.com
Phone: (949) 424-7558
Mailing Address: 28562 Oso Pkwy D106, Rancho Santa Margarita, CA 92688