Terms of Service

TERMS OF SERVICE
Product Purchases
Design Services


SALES TERMS FOR PRODUCTS PURCHASES FROM DankStarr.com

This Sales Agreement for Products (this "Agreement") is made effective on the date of online order, by and between DankStarr, of 1833 W Main Street Suite 116, Mesa, Arizona 85201, ("DankStarr"), and the Buyer.

ITEMS PURCHASED.
DankStarr agrees to sell, and Buyer agrees to buy, the products (the "Goods") selected in the Buyer's online order in accordance with the terms and conditions of this Agreement.

TITLE/RISK OF LOSS.
Title to and risk of loss of goods shall pass to the buyer upon delivery F.O.B. at the seller's plant to an agent of the buyer including a common carrier, notwithstanding any prepayment or allowance of freight by the seller.

PAYMENT.
Payment in full shall be made to DankStarr, at order placement on dankstarr.com.

In addition to any other right or remedy provided by law, if Buyer fails to pay for the Goods when due, DankStarr has the option to treat such failure to pay as a material breach of this Agreement, and may cancel this Agreement and/or seek legal remedies as described below under "Remedies on Default."

DELIVERY OF GOODS, WARRANTIES, AND REFUND POLICY

Time is of the essence in the performance of this Agreement.

Shipping of Goods, to the address indicated by the Buyer and in the manner specified in the order summary, is processed during normal business hours for orders designating the “Shipping” delivery method.

Pick up of Goods is available during normal business hours at 1833 W Main St Suite #116, Mesa, AZ 85201, for orders designating the “Local Pickup” delivery method. For orders for Local Pickup, the Buyer will be contacted by email or phone when their order is ready.

Upon delivery, the Buyer must verify the contents specifying any anomalies in the delivery form.
In case of failure to collect the products by the deadline set by the carrier, the products will be returned to the DankStarr, who will reship for an additional cost. DankStarr cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the completion of the order instructions by the Buyer, for any damage occurring to products after delivery to the carrier company where arranged by the Buyer or for delays in delivery attributable to it.

DankStarr warrants to Buyer that the Goods will conform substantially to the applicable drawings or design standards according to the Size and Material Finish as selected in the order via dankstarr.com.

BUYER UNDERSTANDS THAT THEY ARE RESPONSIBLE FOR PROOFREADING AND REVIEWING THEIR ARTWORK BEFORE PLACING THEIR ORDER, AND THAT ARTWORK MUST BE PROVIDED IN ONE OF THE FOLLOWING ACCEPTABLE ARTWORK FORMATS: AI, PDF, PSD, JPG, PNG at 300 dpi at actual size with 50MB max file size. DANKSTARR DOES NOT PROOF ARTWORK OR CHECK ARTWORK FOR COLOR ACCURACY. NO REFUNDS OR REMAKES WILL BE OFFERED FOR INCORRECT ARTWORK.

DANKSTARR SHALL IN NO EVENT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE, EVEN IF DANKSTARR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INSPECTION.
Buyer, upon receiving possession of the Goods, shall have a reasonable opportunity to inspect the Goods to determine if the Goods conform to the requirements of this Agreement. If Buyer, in good faith, determines that all or a portion of the Goods are non-conforming to the size or material selected, or products are defective, Buyer may return the Goods to DankStarr at DankStarr's expense for replacement. Buyer must provide written notice to DankStarr of the reason for rejecting the Goods. DankStarr will have fourteen days from the return of the Goods to remedy such defects under the terms of this Agreement.

DEFAULT.
The occurrence of any of the following shall constitute a material default under this Agreement:

a. The failure to make a required payment when due.
b. The insolvency or bankruptcy of either party.
c. The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
d. The failure to make available or deliver the Goods in the time and manner provided for in this Agreement.

REMEDIES ON DEFAULT.
In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Agreement (including without limitation the failure to make a monetary payment when due), the other party may terminate the Agreement by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have fourteen days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Agreement.

FORCE MAJEURE.
If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

DISPUTE RESOLUTION.
Any controversies or disputes arising out of or relating to this Contract shall be resolved by binding arbitration in accordance under the rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Contract. The arbitrator(s) shall not have the authority to modify any provisions of this Contract or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Contract.

CONFIDENTIALITY.
Both parties acknowledge that during the course of this Agreement, each may obtain confidential information regarding the other party's business. Both parties agree to treat all such information and the terms of this Agreement as confidential and to take all reasonable precautions against disclosure of such information to unauthorized third parties during and after the term of this Agreement. Upon request by an owner, all documents relating to the confidential information will be returned to such owner.

NOTICE.
Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the addresses listed above or to such other address as one party may have furnished to the other in writing. The notice shall be deemed received when delivered or signed for, or on the third day after mailing if not signed for.

ENTIRE AGREEMENT.
This Agreement contains the entire agreement of the parties regarding the subject matter of this Agreement, and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.


AMENDMENT.
This Agreement may be modified or amended if the amendment is made in writing and signed by both parties.


SEVERABILITY.
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

WAIVER OF CONTRACTUAL RIGHT.
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

APPLICABLE LAW.
Terms shall be governed by and construed according to the laws of the State of Arizona without reference to its conflicts of law principles.


SALES AGREEMENT FOR DESIGN SERVICES FROM DankStarr Designs

This Sales Agreement for Services (this "Agreement") is made effective as of the service date, by and between DankStarr of 1833 W Main Street Suite 116, Mesa, Arizona 85201, ("the Designer"), and the Recipient.

DESCRIPTION OF SERVICES.
Beginning on the date of the order, DankStarr will provide to Recipient the following services (collectively, the "Services"): custom graphic design, logo design, or artwork design, with a turnaround time of approximately 10-14 days from receipt of payment, depending on the project and at the discretion of the designer. Estimated design time frame will be communicated at time of quote. Quoted design fees are determined by the Designer and include rough sketch, initial design, and up to two revisions. Additional revisions will incur additional design fees at the discretion of the Designer. Artwork will be delivered in the format of native vector files (PSD or AI) and rasterized image files (PNG, JPG or PDF) as needed.

PAYMENT.
Payment shall be made to DankStarr at 1833 W Main Street Suite 116, Mesa, Arizona 85201, in full, before design work will begin.

In addition to any other right or remedy provided by law, if Recipient fails to pay for the Services when due, DankStarr has the option to treat such failure to pay as a material breach of this Agreement, and may cancel this Agreement and/or seek legal remedies as described below under "Remedies on Default."

Both parties understand that Client or Designer may terminate the service at any time if, for any reason, the relationship is deemed unsatisfactory by either party. Upon written or verbal cancellation, Client is responsible for payment for all expenses incurred and any work done towards the completion of the project based on the percentage of the project completed that is determined by Designer. Should Client cancel the project prior to or following its completion, Client is responsible for full payment as per the agreed upon estimate plus all expenses incurred.

WARRANTIES AND REFUND POLICY.
DankStarr shall provide its services and meet its obligations under this Agreement in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in DankStarr's community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to DankStarr on similar projects. All sales are final and no refunds will be given for design services ordered or performed.

TERM.
This Agreement will terminate automatically upon completion by DankStarr of the Services required by this Agreement.

WORK PRODUCT OWNERSHIP.
Any copyrightable works or intellectual property (collectively the "Work Product") developed in whole or in part by DankStarr in connection with the Services will be the exclusive property of Recipient. In the event of cancellation, Dankstarr retains ownership of the Work Product created.

DEFAULT.
The occurrence of any of the following shall constitute a material default under this Agreement:
a. The failure to make a required payment when due.
b. The insolvency or bankruptcy of either party.
c. The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
d. The failure to make available or deliver the Services in the time and manner provided for in this Agreement.

REMEDIES ON DEFAULT.
In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Agreement (including without limitation the failure to make a monetary payment when due), the other party may terminate the Agreement by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 0 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Agreement.

FORCE MAJEURE.
If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

DISPUTE RESOLUTION.
Any controversies or disputes arising out of or relating to this Contract shall be resolved by binding arbitration in accordance under the rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Contract. The arbitrator(s) shall not have the authority to modify any provisions of this Contract or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Contract.

CONFIDENTIALITY.
DankStarr, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of DankStarr, or divulge, disclose, or communicate in any manner, any information that is proprietary to Recipient. DankStarr and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Agreement.

NOTICE.
Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the addresses listed above or to such other address as one party may have furnished to the other in writing. The notice shall be deemed received when delivered or signed for, or on the third day after mailing if not signed for.

ENTIRE AGREEMENT.
This Agreement contains the entire agreement of the parties regarding the subject matter of this Agreement, and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.

AMENDMENT.
This Agreement may be modified or amended if the amendment is made in writing and signed by both parties.

SEVERABILITY.
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

WAIVER OF CONTRACTUAL RIGHT.
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

APPLICABLE LAW.
Terms shall be governed by and construed according to the laws of the State of Arizona without reference to its conflicts of law principles.