Terms of Sale

Tri-State Associated Services, Inc. Including ColorPage and all associated brands and divisions.

Effective Date: January 1, 2025

These Terms of Sale govern the purchase of services and products from Tri-State Associated Services, Inc., its brands, and divisions (“Company”). By engaging with the Company for graphic design, printing, direct mail, bindery, kitting, distribution, strategic planning, digital advertising, website development, email campaigns, PPC advertising, social media management, content creation, publishing, media buying, event planning, promotional products, signage, and related marketing and publishing services (“Services”), the client (“Client”) agrees to these Terms of Sale.

1. Quotes and Estimates

1.1. All quotes and estimates provided by the Company are valid for thirty (30) days unless otherwise specified.
1.2. Prices may be subject to change due to fluctuations in material costs, production adjustments, or project scope changes.
1.3. Acceptance of a quote by the Client constitutes a binding agreement to purchase the services outlined.

1.4. The Company reserves the right to print up to 10% more or less than the quantity ordered. The final invoice will reflect the actual quantity printed, and the cost will be adjusted accordingly based on the final count.

1.5 Postage is never included in quotes – a rough estimate may be provided at the client request only. Postage costs are always additional unless otherwise stated in writing.

2. Payment Terms

2.1. Payment terms are Net 15 unless otherwise specified in writing.
2.2. For new Clients, a deposit of up to 50% may be required before work begins.
2.3. Payments not received by the due date may be subject to a late fee of 1.5% per month or the maximum allowed by law.
2.4. The Client agrees to pay all collection costs, legal fees, and expenses incurred in the enforcement of these Terms.

2.5 Postage only payments should be made out to the US Postal Service;

2.6 The Company may apply additional charges to postage costs.

3. Cancellations and Refunds

3.1. Orders may not be canceled once production has begun.
3.2. If a project is canceled before production, the Client will be responsible for any costs incurred up to that point.
3.3. Due to the nature of custom work, refunds are not provided for completed projects.

4. Production, Delivery and Turnaround Times

4.1. The Company will make reasonable efforts to meet agreed-upon deadlines. However, delays due to unforeseen circumstances (e.g., supply chain issues, weather, third-party service delays) are not the responsibility of the Company.
4.2. Rush orders may be subject to additional fees.
4.3. Shipping and delivery costs are the responsibility of the Client unless otherwise stated.
4.4. The Client acknowledges that the Company’s standard practice allows for up to 10% overages or shortages in production runs. The final invoice will reflect the actual quantity shipped.

5. Client Responsibilities and Approvals

5.1. The Client must provide all necessary materials (e.g., artwork, content, mailing lists) in the required format and within agreed timelines.
5.2. The Company is not responsible for errors in Client-supplied files.
5.3. Proofs must be reviewed and approved by the Client before production. Once approved, the Company is not liable for any errors or omissions.

6. Company’s Right to Refuse Service

6.1. The Company reserves the right, at its sole discretion, to refuse or decline any project that it deems inappropriate, unethical, or inconsistent with its business practices.
6.2. The Company is not obligated to provide an explanation for declining a project but will communicate its decision promptly to the Client.
6.3. If a project is refused after a deposit has been paid, the deposit will be refunded unless costs have already been incurred, in which case a partial refund may be issued.

7. Intellectual Property and Usage Rights

7.1. All designs, content, and materials created by the Company remain the property of the Company until full payment is received.
7.2. The Company reserves the right to use completed projects in promotional materials unless otherwise agreed in writing.

8. Client-Provided Content and Copyright Responsibility

8.1. The Client represents and warrants that any content, artwork, text, images, or other materials submitted to the Company do not infringe upon the intellectual property rights, copyrights, trademarks, or other rights of any third party.
8.2. The Client assumes full responsibility for ensuring they have the legal rights to use any content they provide.
8.3. The Company shall not be held liable for any copyright infringement claims, legal disputes, or damages arising from the Client’s provided content. The Client agrees to indemnify and hold harmless the Company against any such claims.

9. Errors and Omissions

9.1. The Company is not liable for errors or omissions in any project, regardless of the party responsible for the mistake, beyond the actual expenses incurred for the specific project in question.
9.2. Clients are responsible for thoroughly reviewing all materials before approval. The Company is not responsible for errors in approved proofs.

10. Digital Media and Website Development

10.1. Website development projects require a signed agreement outlining scope, timelines, and payment terms.
10.2. The Client is responsible for providing all necessary content, including text, images, and other media, unless content creation is included in the scope of work.
10.3. The Company is not responsible for website security, hosting uptime, or ongoing maintenance unless explicitly stated in the agreement.
10.4. The Company retains ownership of all custom-developed code, designs, and intellectual property until full payment is received.
10.5. The Client agrees to comply with all applicable laws, including data protection and accessibility standards, for digital assets created by the Company.

11. Limitation of Liability

11.1. The Company’s liability for any claim related to services provided shall not exceed the amount paid by the Client for the specific service in question.
11.2. The Company is not responsible for indirect, incidental, or consequential damages arising from its services.

12. Confidentiality and Data Protection

12.1. Both parties agree to keep confidential any proprietary or sensitive information shared in the course of business.
12.2. The Company adheres to data protection laws and will take reasonable steps to safeguard Client information.

13. Force Majeure

13.1. The Company is not liable for delays or failure in performance due to circumstances beyond its reasonable control, including but not limited to natural disasters, labor strikes, supply chain disruptions, or governmental actions.

14. Dispute Resolution

14.1. Any disputes arising from these Terms shall first be attempted to be resolved through mediation. If mediation fails, disputes will be settled by arbitration in the state of New York.