Terms of Service

eCard Systems makes every effort to catch artwork errors prior to production but cannot be responsible for proofs approved for production that contain errors. The design will be printed as it appears in the proof provided. It is the sole responsibility of the customer to ensure that all materials submitted for printing are correct.

Printing errors attributed to the customer are not subject to free reprint. Depending on size of order, customer may correct the problem and reprint the order at up to 50% of the cost of the original order. Reprint cost will be quoted on a case by case basis. Material errors caused by eCard Systems will be reprinted and shipped free of charge.

eCard Systems accepts no liability for materials submitted by customer that are subject to copyright or trademark protections or that are otherwise in violation of the law. eCard Systems will not be held accountable for possession of such materials or illegal use of materials in connection with www.ecardsystems.com. Violation of these terms of service will indemnify eCard Systems against any legal action.

eCard Systems guarantees your finished product will not be defective in accordance with industry standards. If a product is found to be defective, then you may contact eCard Systems for a reprint or a refund. eCard Systems must be contacted via e-mail at [email protected] or by phone at 866-776-7409 within 15 days of receiving your order. If the product is deemed defective, one of the following resolutions will be offered: 1) eCard Systems will reprint with the same production and delivery terms extending from the time of resolution. 2) eCard Systems will authorize an RMA (Return Merchandise Authorization) for you. A representative will contact you within one business day of your initial query to help with your return. The package must be received by eCard Systems within 30 days of return authorization. Refunds will be processed only after the product has been returned to eCard Systems, after which fund transaction will take place within five business days.

In most cases, eCard Systems provides 15 business day plastic card production (from date of proof approval) not including shipping time.

Refused or undeliverable orders are not a valid reason for reprint or refund and reshipment of the order will be at the customer’s expense.

eCard Systems does not guarantee delivery times for basic ground shipping. Depending on the shipping destination, ground delivery ranges from 2 to 6 days. Buyer assumes full risk of possible delivery delays.

As it is outside of our direct control, eCard Systems makes no guarantee about time in transit of any shipping methods. In the event an order is lost or misplaced while in transit, a notification of no receipt must be sent via e-mail to [email protected] and include complete contact information for reply. eCard Systems is allowed 5 business days from the time of notification to respond with one of the resolutions below. 1) eCard Systems will reprint with the same production and delivery terms extending from the time of resolution. This occurs when lost packages cannot be found. 2) eCard Systems will redirect the lost order with the same delivery terms extending from the time of resolution. Packages located by shipper will be rerouted to the customer promptly upon discovery. Shipper requires a 10 business day window for refund of shipping costs.

Packages shipped outside of the United States may be charged a duty based on the receiving country’s import tax. eCard Systems is not responsible for the payment of this fee.

ECARD SYSTEMS ASSUMES NO LIABILITY WHATSOEVER TO CUSTOMERS FOR ANY LOST BUSINESS OR OTHER DAMAGES, REAL OR CONSTRUCTIVE, WHETHER ARISING FROM PRODUCTION ERRORS OR SHIPMENT AND DELIVERY DELAYS. ECARD SYSTEMS LIABILITY SHALL NOT IN ANY CASE EXCEED THE REPLACEMENT COST OF PRODUCTS DEEMED DEFECTIVE.

Card Processing Terms of Service
(For those using the eCard gift card / store value program)

This CARD PROCESSING Terms of Service (is entered into between eCard Systems LLC, a Delaware corporation (“ECS”) and the merchant (“Merchant”).

I. SERVICES

1.1Services to be provided by ECS or its affiliates and other third party providers.

Subject to the terms and conditions set forth in this Agreement, ECS shall provide for the electronic processing of Gift Card, Prepaid Card and other related cards offered by ECS (collectively, a “Card”) for purchases and other transactions made by customers of Merchant who hold approved Cards (“Approved Cards”). ECS shall electronically verify that an Approved Card, when swiped, scanned or key-entered through a certified point of sale device at a participating Merchant location, is a valid account on the ECS data processing system (“Card System”) and complete the processing of the requested transaction according to the requirements of the card program associated with the Approved Card. The services to be rendered by ECS in accordance with this Section 1.1 are referred to hereafter as the “Services.”

1.2 Duties to be performed by Merchant.

The Merchant agrees to: (a) provide ECS with all information and data reasonably required by ECS to perform the Services; (b) maintain all ECS-related transaction records and other records required by law or regulation; (c) obtain, operate and maintain at its own expense the electronic point of sale equipment; (d) be responsible for the accuracy and adequacy of all data transmitted by it or on its behalf for processing by or storage of information on the Card System (e) comply with all federal, state and local laws and regulations relating to this Agreement, including consumer protection, financial transaction and escheatment laws and acknowledges that ECS is not responsible for Merchant’s compliance with said laws and agrees to wholly indemnify ECS for all related liabilities.

II. SYSTEM ACCESS

2.1The Merchant acknowledges that in the event the Card System is not accessible by Merchant due to mechanical failure or other outage, ECS will not process transactions or provide account data during that time. Merchant agrees that ECS shall not be responsible for lost profits or sales due to the malfunction of the Card System. Merchant agrees that it will be solely responsible for any transactions that are authorized by the Merchant and will wholly indemnify and hold harmless ECS from and against any and all damage, loss, liability, consequential damage, expense, claim or obligation arising in connection therewith.

III. INDEMNIFICATION, LIMITATION OF LIABILITY

3.1 Indemnification.

ECS and Merchant agree that they shall each indemnify and hold harmless the other party and its officers, directors and shareholders, from any and all loss, cost, expense, claim, damage and liability (including attorney’s fees and court costs) paid or incurred by any one or more of them, to the extent it arises from, is caused by, or is attributable to (i) the failure by such party or its representatives to abide by the provisions of this Agreement; (ii) the violation by such party or its representatives, of any applicable laws, regulation or court order relating to this Agreement; or (iii) gross negligence or willful misconduct.

3.2 Limitation of Liability.

NEITHER ECS NOR MERCHANT’S CUMULATIVE LIABILITY FOR ALL LOSSES, CLAIMS, SUITS, BREACHES, OR DAMAGES FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THIS FORM OF ACTION OR LEGAL THEORY, SHALL EXCEED THE AMOUNT OF FEES AND CHARGES INCURRED BY MERCHANT TO ECS PURSUANT TO THIS AGREEMENT FOR SERVICES PERFORMED IN THE IMMEDIATELY PRECEDING 3 MONTHS. ECARD SYSTEMS ASSUMES NO LIABILITY WHATSOEVER TO MERCHANTS FOR ANY LOST BUSINESS OR OTHER DAMAGES, REAL OR CONSTRUCTIVE, INCLUDING INDIRECT DAMAGES.

IV. Entire Agreement

This Agreement contains the entire agreement of the parties.  It supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter herein.  Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding.