Terms and Conditions
READ THIS FIRST
These Terms are a binding contract between you and Digitizing LLC, the company that operates the USA Badge brand. By placing an order, requesting a quote, or using usabadge.com, you agree to every clause below. If you do not agree, do not place an order.
Three clauses in particular affect your legal rights and you should read them carefully before you buy:
• Section 9: Title and risk of loss pass to you when we hand your order to the carrier. After that point, the carrier is responsible for the parcel, not us.
• Section 14: All sales of custom-made goods are final. Refunds are only available in the narrow circumstances set out in that section.
Section 20: Disputes must be resolved by individual binding arbitration in New Jersey. You waive the right to a jury trial and the right to participate in class actions
Contents
1. Parties and definitions
2. Nature of the service — custom-made goods only
3. Placing an order and forming a contract
4. Quotes, prices, and pricing errors
5. Your artwork — ownership, rights, and indemnity
6. The two-step approval process and the approval record
7. Manufacturing tolerances — what "as approved" actually means
8. Production, lead times, and delays
9. Shipping, title, and risk of loss
10. Delivery, signature, and "delivered but not received" claims
11. Inspection period and defect claims
12. Warranty and disclaimer
13. Cancellations
14. Refunds and returns
15. Chargebacks and payment disputes
16. Payment terms, late payment, and credit accounts
17. Intellectual property and production files
18. Portfolio and marketing use of your design
19. Limitation of liability
20. Binding arbitration and class-action waiver
21. Governing law and jurisdiction
22. Force majeure
23. Data protection and privacy
24. Electronic communications and notices
25. Website terms of use
26. Changes to these Terms
27. Miscellaneous (entire agreement, severability, assignment, survival)
28. Contact
1. Parties and definitions
1.1 These Terms and Conditions of Sale (the "Terms") are a contract between:
• Digitizing LLC, a New Jersey limited liability company with its principal place of business at 1812 Raspberry Ct, Edison, NJ 08817, United States, trading as "USA Badge" (in these Terms, "we," "us," "our," or "USA Badge"); and
• you, the person or entity placing an order with us or requesting a quote ("you," "your," or "Customer").
1.2 In these Terms, the following words have the meanings given:
• "Approval" means any confirmation you give through our website, by email, or by any other means, that a Digital Mockup, Production Scan, or Physical Sample is accepted. An Approval is irrevocable once given.
• "Approval Record" means the system record we generate and retain at the moment you give an Approval, containing at minimum the user account, IP address, timestamp, device user-agent string, and the version identifier of the image or item being approved. The Approval Record is conclusive evidence of your Approval and of what you approved.
• "Business Day" means any day on which banks in New Jersey are open for general business, excluding federal holidays.
• "Custom Goods" means any patch, badge, keyring, pin, label, or other product manufactured or customized to your specifications, with or without the input of your own artwork.
• "Digital Mockup" means a digital preview of your Custom Goods we send you for Approval, typically delivered as a PDF, PNG, or JPG image.
• "Order" means any request you place through our website, by email, or by any other means, whether priced instantly or quoted.
• "Physical Sample" means a real, manufactured sample item we produce for your Approval. If selected, the Physical Sample is photographed and the photograph forms part of the Approval Record; the Physical Sample itself may or may not be posted to you depending on the option selected at checkout.
• "Production Scan" means a high-resolution digital scan or photograph of a production-ready sample, sent to you for Approval in lieu of a mailed Physical Sample.
2. Nature of the service — custom-made goods only
2.1 Every item we sell is custom-made to order. We do not sell ready-made, stock, or off-the-shelf items. Each item is manufactured specifically for you using the artwork, colours, size, backing, and finishing options you provide or select.
2.2 Because each item is manufactured specifically for you, it has no resale value to us. This fact is reflected in Section 14 (Refunds and returns) and Section 13 (Cancellations). By placing an Order you acknowledge that you understand this and accept the consequences.
2.3 The USA Badge brand is operated by Digitizing LLC. Some parts of the manufacturing, digitizing, and production process are carried out by our UK-based digitizing partners and by overseas manufacturing partners. This does not change your contract, which is with Digitizing LLC. We remain responsible to you for the finished goods and for all customer service; our choice of production partners is ours alone.
3. Placing an order and forming a contract
3.1 Instant-price orders ("Buy Now")
For items with instant pricing shown on the website, you form your contract with us at the moment you complete checkout and successful payment is received. You will receive a confirmation email. Absence of an email does not by itself prevent a contract from forming, provided payment has been received.
3.2 Quoted orders
For items priced on quote, submitting a quote request does not create a contract. A contract is formed only when (a) we have issued you a written quote, (b) you have accepted that quote in writing or by paying the associated invoice, and (c) payment (or agreed credit terms) have been put in place.
3.3 Approval path
At the point of placing an Order, you choose one of three approval paths. The path you choose is part of the contract and cannot be changed after an invoice has been issued without our written agreement.
• Direct to production. You approve a Digital Mockup only; no Physical Sample is produced. This path is suited to simple repeat orders or where you have instructed us that no physical check is required.
• Digital Mockup plus Production Scan. You approve both a Digital Mockup and a Production Scan before full production begins.
• Digital Mockup plus mailed Physical Sample. You approve a Digital Mockup, and we then produce and post a Physical Sample to you for Approval. This option adds approximately seven to nine Business Days to standard lead times. The Physical Sample charge and postage charge are not refundable.
3.4 Reserved right to refuse
We reserve the right, at our sole discretion, to refuse or cancel any Order at any time before production starts. Grounds include but are not limited to: suspected payment fraud, artwork that in our judgement infringes third-party intellectual property rights or depicts content we do not wish to manufacture (see Section 5.4), shipping to a jurisdiction we do not service, or pricing errors (Section 4.3). Where we refuse an Order before production, we will refund any amounts paid in full.
4. Quotes, prices, and pricing errors
4.1 All prices are shown in United States dollars and exclude applicable sales tax, which is added at checkout where required.
4.2 Quoted prices are valid for thirty (30) days from the date of the quote unless the quote states otherwise in writing.
4.3 If a price shown on the website, in a quote, or on an invoice is obviously incorrect (for example, a patch priced at $0.01, or a zero-fee line item that should carry a charge), we reserve the right to cancel the affected Order and refund any payment received, or to ask you to confirm you wish to proceed at the correct price. We are not obliged to honour an obvious pricing error.
4.4 Sample charges, postage charges, rush fees, setup fees, and minor-item charges are additional to the unit price and are itemised at checkout or on the quote. By placing an Order you agree to all such charges as shown.
4.5 No verbal promise by any employee, agent, or contractor of ours varies any price shown in writing. Only written confirmation from us at the email addresses set out in Section 28 varies a price.
5. Your artwork — ownership, rights, and indemnity
5.1 When you submit artwork, a logo, a design, a photograph, text, or any other material to us ("Your Artwork"), you warrant to us that:
(1) you own, or have obtained all necessary licences and permissions for, all intellectual property rights in Your Artwork and in every element of it;
(2) your use of Your Artwork, and our manufacture of Custom Goods incorporating Your Artwork, does not and will not infringe any third party's copyright, trade mark, design right, publicity right, privacy right, or other right;
(3) Your Artwork does not contain material that is unlawful, defamatory, obscene, or intended to incite hatred or violence against any person or group;
(4) you have the authority to submit Your Artwork to us and to accept these Terms on behalf of any organization named in or featured in Your Artwork.
5.2 Licence you grant to us
You grant us, and our production partners, a non-exclusive, royalty-free, worldwide licence to reproduce, adapt, and use Your Artwork solely for the purpose of (a) producing the Custom Goods you have ordered, (b) producing any digital files, production files, or samples required to fulfil your Order, and (c) the limited portfolio and marketing use described in Section 18, unless you opt out under Section 18.2.
5.3 Indemnity
IMPORTANT — INDEMNITY
You agree to indemnify, defend, and hold harmless Digitizing LLC, its officers, directors, employees, contractors, agents, production partners, and the USA Badge brand (each an "Indemnified Party") from and against any and all third-party claims, demands, actions, proceedings, damages, losses, liabilities, settlements, judgments, costs, and expenses (including reasonable attorneys' fees) of any kind arising out of or related to:
• any breach by you of the warranties in Section 5.1;
• any third-party claim of intellectual-property infringement, defamation, or invasion of privacy or publicity, arising from Your Artwork or from our manufacture of Custom Goods incorporating Your Artwork; and
• any use or misuse by you of the finished Custom Goods.
This indemnity applies whether or not an Indemnified Party is itself named as a defendant. We may control the defense of any claim for which we are entitled to indemnity, using counsel of our choice, at your cost.
5.4 Artwork we will not manufacture
We reserve the right, at our sole discretion and without obligation to give reasons, to decline any artwork we believe may infringe third-party rights, may be unlawful, may damage our reputation, or may otherwise be inappropriate. Examples include but are not limited to: artwork depicting registered sports-league logos, film and television characters, cartoon characters, celebrity likenesses, currency, government insignia used without authority, and imagery of a sexually explicit or extremist nature. Where we decline artwork, we will refund any amounts paid toward the Order, less fees already incurred for digitizing or mockup work.
6. The two-step approval process and the Approval Record
6.1 How Approval works
Unless you have selected the "Direct to production" path, you must approve your Order at one or more stages before production begins. Depending on the path you selected, you will be asked to approve a Digital Mockup, a Production Scan, and/or a Physical Sample.
6.2 The Approval Record
Every time you give an Approval, our system automatically records:
• the user account giving the Approval;
• the IP address from which the Approval was given;
• the date and time of the Approval (in UTC and in the customer's local timezone where available);
• the device user-agent string (browser and operating system);
• the unique version identifier of the image, file, or sample being approved;
• where applicable, a copy of the approved image file as it was shown to you.
6.3 This record is the Approval Record for that stage. The Approval Record is conclusive evidence that you gave the Approval and of what you approved.
6.4 Approval is irrevocable
IRREVOCABILITY OF APPROVAL
Once you give an Approval you cannot withdraw it. We rely on your Approval to commit materials, machine time, and labour to your Order. By giving an Approval you acknowledge and agree that:
• you are the person authorised to give the Approval on behalf of the account holder, or you are the account holder;
• you have had adequate opportunity to inspect the Digital Mockup, Production Scan, or Physical Sample;
• you have viewed it on a display sufficient for the inspection — see Section 6.5;
• you are not entitled to reject the finished Custom Goods on any ground that could have been identified at the Approval stage.
6.5 Your responsibility to inspect properly
It is your responsibility to view every Digital Mockup, Production Scan, and Physical Sample photograph carefully, and on a display capable of showing it at reasonable detail. A small smartphone screen, a low-resolution display, or an environment with poor lighting or non-neutral lighting is not a suitable display for approval purposes. If you are in any doubt about what the finished item will look like, you should (a) request a mailed Physical Sample, (b) request additional or higher-resolution images, or (c) ask a specific question before approving. We are happy to accommodate reasonable requests of this kind. You agree that "I approved it on my phone and it looked different" is not a valid ground for rejecting the finished Custom Goods.
6.6 Colour, screen, and reproduction differences
No digital image can reproduce thread, ink, or enamel colour with perfect accuracy. Screens differ in colour reproduction, brightness, and gamut. Thread and enamel colours are selected from physical colour charts (Pantone or Madeira equivalents) which we can share on request. To the maximum extent permitted by law, we do not warrant that the colour of a Digital Mockup, Production Scan, or Physical Sample photograph on your screen will exactly match the finished Custom Goods. If exact colour matching is critical, you must request a mailed Physical Sample before giving Approval and inspect it in natural daylight.
6.7 Account security and approvals by others
You are responsible for keeping your account password secure and for all activity carried out under your account. Any Approval given through your account is binding on you, whether given by you, by a member of your staff, by a family member, or by any third party — whether authorised or not. If your
password is compromised you must notify us immediately. We are under no obligation to reverse work already begun on the basis of an Approval given before we received that notice.
7. Manufacturing tolerances — what "as approved" actually means
7.1 Custom Goods are manufactured using industrial processes and are not, and cannot be, perfect matches of a digital image or a sample. The following variations are normal and are not manufacturing defects:
• Size tolerance: plus or minus five percent (±5%) on any stated dimension for embroidered, woven, and chenille products; plus or minus three percent (±3%) for PVC, silicone, and enamel products.
• Stitch and weave variation: minor variations in stitch direction, density, and finish are inherent to textile manufacturing.
• Colour variation within a batch: thread and enamel batches may vary slightly from previous orders of the same design. For reorders, we do not guarantee perfect colour matching to prior batches unless a specific Pantone number was agreed in writing on both orders.
• Border and edge variation: small irregularities in merrowed, laser-cut, or die-cut edges are normal.
• Backing variation: adhesive, iron-on, and Velcro backings are applied within industry tolerances; minor bubbling or edge lifting on application is a characteristic of the backing material, not a manufacturing defect.
7.2 Custom Goods within these tolerances are "as approved" for the purposes of these Terms and do not give rise to a refund, replacement, or other claim. A claim that Custom Goods "do not look exactly like the mockup" is not a valid defect claim if the variation falls within the tolerances above.
8. Production, lead times, and delays
8.1 Production starts only after (a) the relevant invoice is settled in full (or, for approved credit customers, the credit invoice is issued) and (b) all required Approvals have been given.
8.2 Lead times shown on our website and in quotes are estimates based on normal production conditions. They are not contractual deadlines. Typical lead times are:
• Most patch types: 10–12 Business Days after final Approval, plus shipping time;
• Woven, PVC, silicone, and specialty patches: 14–21 Business Days after final Approval, plus shipping time;
• Where a Physical Sample is posted, add approximately seven to nine Business Days to the above.
8.3 We will use reasonable efforts to meet the estimated lead time, but time is not of the essence. Delays caused by third-party carriers, overseas shipping, customs clearance, weather events, public
holidays in production regions, or the factors in Section 22 (Force majeure) do not give you the right to cancel, refuse delivery, claim a refund, or claim consequential loss.
8.4 If a specific delivery date is critical to you (for example, an event date), you must tell us in writing before placing your Order. We may accept a firm deadline, at our discretion, by confirming it in writing and charging a rush fee. A verbal mention to a salesperson is not a firm deadline.
9. Shipping, title, and risk of loss
KEY CLAUSE — PLEASE READ
9.1 Title to and risk of loss in the Custom Goods pass to you at the moment we hand the parcel to the carrier (the "F.O.B. Origin" point). From that moment, the Custom Goods are at your risk.
9.2 Shipment is made using the carrier we select (typically UPS, USPS, FedEx, or an equivalent carrier) using standard service, unless you have paid for a specific upgraded service.
9.3 Tracking information, including the carrier name, tracking number, and dispatch date, is sent to the email address on your account at the time of dispatch. It is your responsibility to monitor this tracking.
9.4 If a parcel is lost, damaged, delayed, or stolen in transit after dispatch:
(1) We will help, but we do not replace or refund as a matter of contract. The carrier is responsible for the parcel once we have handed it over. Any claim for loss or damage in transit is a claim against the carrier, not against us.
(2) We will provide the evidence you need. On written request, we will provide the dispatch record, weight, proof of handover, and the tracking number, so you can pursue your claim with the carrier.
(3) Shipping insurance is your choice. We do not add shipping insurance to orders by default. If you wish your order to be shipped with additional insurance coverage, you must request this and pay the insurance charge at checkout. If you did not request insurance and the carrier's standard liability limit does not cover your loss, the shortfall is yours to bear.
(4) We may, at our sole discretion, offer a goodwill replacement or partial credit. Any such offer is a commercial gesture, not an admission of liability, and does not create a pattern or precedent for future orders.
9.5 International shipments. If we ship outside the United States, you are the importer of record. You are responsible for all customs duties, import taxes, broker fees, and compliance with the import laws of the destination country. If a parcel is refused, held, or destroyed by customs, the loss is yours.
9. Shipping, title, and risk of loss
KEY CLAUSE — PLEASE READ
9.1 Title to and risk of loss in the Custom Goods pass to you at the moment we hand the parcel to the carrier (the "F.O.B. Origin" point). From that moment, the Custom Goods are at your risk.
9.2 Shipment is made using the carrier we select (typically UPS, USPS, FedEx, or an equivalent carrier) using standard service, unless you have paid for a specific upgraded service.
9.3 Tracking information, including the carrier name, tracking number, and dispatch date, is sent to the email address on your account at the time of dispatch. It is your responsibility to monitor this tracking.
9.4 If a parcel is lost, damaged, delayed, or stolen in transit after dispatch:
(1) We will help, but we do not replace or refund as a matter of contract. The carrier is responsible for the parcel once we have handed it over. Any claim for loss or damage in transit is a claim against the carrier, not against us.
(2) We will provide the evidence you need. On written request, we will provide the dispatch record, weight, proof of handover, and the tracking number, so you can pursue your claim with the carrier.
(3) Shipping insurance is your choice. We do not add shipping insurance to orders by default. If you wish your order to be shipped with additional insurance coverage, you must request this and pay the insurance charge at checkout. If you did not request insurance and the carrier's standard liability limit does not cover your loss, the shortfall is yours to bear.
(4) We may, at our sole discretion, offer a goodwill replacement or partial credit. Any such offer is a commercial gesture, not an admission of liability, and does not create a pattern or precedent for future orders.
9.5 International shipments. If we ship outside the United States, you are the importer of record. You are responsible for all customs duties, import taxes, broker fees, and compliance with the import laws of the destination country. If a parcel is refused, held, or destroyed by customs, the loss is yours.
10. Delivery, signature, and "delivered but not received" claims
10.1 The carrier records delivery according to its own procedures, which may include GPS-stamped delivery photographs, driver scans, mailbox delivery, safe-place delivery, or signature where required. The carrier's delivery record is authoritative.
"DELIVERED BUT NOT RECEIVED"
10.2 If the carrier's tracking record shows the parcel as delivered but you say you did not receive it, the following applies:
• The carrier's delivery record is conclusive evidence of delivery for the purposes of our contract. Once the carrier confirms delivery to the shipping address on the Order, our obligation to deliver is discharged.
• We will help you open a lost-parcel or non-delivery claim with the carrier, and we will provide the dispatch evidence. We will not, as a matter of contract, send a free replacement.
• If you want signature-on-delivery confirmation, you must request it at the time of Order and pay the associated carrier fee. Standard shipping does not include signature.
10.3 Shipping address accuracy. The shipping address used is the address captured on the Order. It is your responsibility to check the address at checkout. We are not liable for non-delivery or delayed delivery caused by an incorrect, incomplete, or out-of-date shipping address provided by you. Re-shipment of a correctly dispatched parcel to a corrected address is at your cost.
10.4 Refusal of delivery. If you refuse a delivery without cause, or if the carrier returns the parcel to us because you could not be reached at the delivery address over the carrier's standard delivery-attempt cycle, we may (a) re-ship to you at your cost, (b) issue a partial refund less the cost of outbound and return shipping and a 15% restocking contribution toward materials already consumed, or (c) hold the goods for a reasonable period and then dispose of them if you do not respond, with no refund due.
10. Delivery, signature, and "delivered but not received" claims
10.1 The carrier records delivery according to its own procedures, which may include GPS-stamped delivery photographs, driver scans, mailbox delivery, safe-place delivery, or signature where required. The carrier's delivery record is authoritative.
"DELIVERED BUT NOT RECEIVED"
10.2 If the carrier's tracking record shows the parcel as delivered but you say you did not receive it, the following applies:
• The carrier's delivery record is conclusive evidence of delivery for the purposes of our contract. Once the carrier confirms delivery to the shipping address on the Order, our obligation to deliver is discharged.
• We will help you open a lost-parcel or non-delivery claim with the carrier, and we will provide the dispatch evidence. We will not, as a matter of contract, send a free replacement.
• If you want signature-on-delivery confirmation, you must request it at the time of Order and pay the associated carrier fee. Standard shipping does not include signature.
10.3 Shipping address accuracy. The shipping address used is the address captured on the Order. It is your responsibility to check the address at checkout. We are not liable for non-delivery or delayed delivery caused by an incorrect, incomplete, or out-of-date shipping address provided by you. Re-shipment of a correctly dispatched parcel to a corrected address is at your cost.
10.4 Refusal of delivery. If you refuse a delivery without cause, or if the carrier returns the parcel to us because you could not be reached at the delivery address over the carrier's standard delivery-attempt cycle, we may (a) re-ship to you at your cost, (b) issue a partial refund less the cost of outbound and return shipping and a 15% restocking contribution toward materials already consumed, or (c) hold the goods for a reasonable period and then dispose of them if you do not respond, with no refund due.
11. Inspection period and defect claims
11.1 You must inspect your Custom Goods within fourteen (14) calendar days of the delivery date shown by the carrier. Any claim of a manufacturing defect or a material departure from what was approved must be made in writing to the email address in Section 28 within that fourteen-day period.
11.2 A valid defect claim must include (a) your order number, (b) a clear description of the alleged defect, and (c) clear, well-lit photographs showing the defect and, where relevant, photographs of multiple affected items taken alongside a ruler or other size reference.
11.3 Defect claims are assessed against what was approved (see Section 6 and the Approval Record) and against the manufacturing tolerances in Section 7. A variation within tolerance is not a defect.
11.4 A claim made after the fourteen-day period, or a claim unaccompanied by the evidence required by Section 11.2, may be refused at our discretion.
11.5 Remedies. Where we accept a defect claim, our sole obligation, and your sole and exclusive remedy, is, at our election:
• to re-manufacture and re-ship the affected items at our cost; or
• to refund the price of the affected items.
We are not liable for any other cost, including the cost of your end-use event, the cost of hand-delivery to your customer, or any consequential or incidental loss.
12. Warranty and disclaimer
WARRANTY DISCLAIMER — READ CAREFULLY
12.1 Except for the limited defect remedy in Section 11.5, the Custom Goods are supplied
"AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
12.2 Without limiting the above, we do not warrant:
• that Custom Goods will be free of every minor cosmetic variation;
• the durability of adhesive, iron-on, or hook-and-loop backings under any particular laundering, ironing, or outdoor-exposure regime;
• colour-fastness of threads, fabrics, or inks under prolonged UV exposure or industrial laundering;
that Custom Goods are suitable for any regulated or safety-critical application, including any use involving children's clothing, personal protective equipment, or military or law-enforcement duty equipment. If you intend to use Custom Goods for any such purpose, it is your responsibility to verify suitability independently.
13. Cancellations
13.1 You may cancel an Order only as set out in this Section. The cancellation rules mirror the operational rules enforced by our system.
13.2 Before any invoice has been issued
If you have only requested a quote and have not yet committed to pay, you may cancel at any time at no cost.
13.3 After invoice issued but before payment received
You may cancel by notifying us in writing. The invoice will be voided. No fee is due.
13.4 After payment received, before Digital Mockup uploaded
You may cancel by notifying us in writing. We will refund the amount paid less (a) any Stripe, credit-card, or BACS processing fee we cannot recover and (b) any out-of-pocket costs already incurred (for example, artwork set-up or digitizing). Such charges are typically modest but are not waived.
13.5 After Digital Mockup uploaded or Production Scan uploaded
Once we have uploaded a Digital Mockup or Production Scan for your Approval, digitizing and design work has been performed. Cancellation is permitted in writing, but a non-refundable design fee of $45 (or the amount shown on the invoice, whichever is greater) applies to cover the work done. The balance, less processing fees, will be refunded.
13.6 After Physical Sample has been produced
The charge for the Physical Sample and associated postage is non-refundable once the sample has been produced. You may cancel the remainder of the Order (and no balance invoice will be generated), but you forfeit the Physical Sample charge and postage. This is true whether the Physical Sample has been posted to you or not.
13.7 After production has started
NO CANCELLATION AFTER PRODUCTION
Once full production has started, you may not cancel the Order. No refund is available. This is because the materials and machine time for your Order have been committed to you specifically and cannot be resold. "Production started" means the moment the relevant BALANCE_PAYMENT or FULL_PAYMENT invoice is settled and the order has moved into our production queue. At our sole discretion, we may at this stage agree to cancel on a case-by-case basis, typically against a cancellation fee covering materials, labour, and lost machine time.
14. Refunds and returns
NO GENERAL RIGHT OF RETURN
14.1 Because all Custom Goods are made to your specification, you have no general right of return and no general right to a refund. Refunds are available only in the specific circumstances set out in these Terms, namely:
• where we accept a defect claim under Section 11;
• where we decline an Order under Section 3.4, 4.3, or 5.4;
• where you cancel in accordance with Sections 13.2 to 13.6 and the cancellation entitles you to a refund;
• where a mandatory consumer-protection law applicable to your purchase requires a refund that these Terms cannot lawfully exclude.
14.2 We do not refund for:
• a change of mind;
• errors in your own submitted artwork (including typos, misspellings, wrong logos, or wrong dimensions) that were present in the Digital Mockup, Production Scan, or Physical Sample that you approved;
• any deviation that falls within the tolerances in Section 7;
• a failed or delayed delivery attributable to the carrier (see Section 9 and Section 10);
• an event on your end (for example, the event for which you ordered the patches being cancelled or moved);
• Custom Goods ordered for resale where your own customer has rejected them, unless the rejection is itself due to a defect we have accepted under Section 11.
14.3 Refund method. Where a refund is due, we will refund it to the original payment method. For card payments we use the Stripe refund mechanism; for credit-account payments we restore credit; for BACS we arrange a bank refund. We are not obliged to refund by any other method.
14.4 Refund timing. Where a refund is due, we will process it within ten (10) Business Days of the refund becoming due. The time for funds to appear in your account is a matter between you and your bank or card issuer.
15. Chargebacks and payment disputes
15.1 If you have a concern about an Order, you agree to contact us first, using the routes in Section 28, and give us a reasonable opportunity to resolve the concern. Initiating a chargeback with your card issuer or bank without first contacting us is a breach of these Terms.
15.2 Any chargeback you initiate will be contested with the documentary evidence we hold, including but not limited to:
• the Order record;
• the checkout record including your acceptance of these Terms;
• every Approval Record (Section 6.2), including IP address, timestamp, user agent, and image version;
• tracking and delivery records;
• correspondence with you.
15.3 If a chargeback is initiated in breach of Section 15.1, or is initiated on a ground we believe to be baseless, we reserve the right to (a) recover from you all fees we incur in contesting the chargeback (typically $15 to $25 per chargeback imposed by our payment processor), (b) pursue the disputed amount as a debt against you if the chargeback succeeds on a technicality, and (c) close your account and refuse future Orders from you or from any related account or entity.
15.4 Fraudulent or unauthorised card use. If you notify us in writing that a card was used without authorisation on your account, we will cooperate with your bank's investigation and, if confirmed, will refund the amount. Absent such a notice, a card payment received on an Order is conclusive evidence of your authorisation to pay.
16. Payment terms, late payment, and credit accounts
16.1 Payment methods. We accept payment by credit or debit card (via Stripe). For approved business customers, payment on account ("credit") is available on application, subject to our credit-check process and our Credit Account Rules (available on request). BACS payment is available for UK-linked enquiries where specifically agreed.
16.2 All invoices are payable in United States dollars unless a written agreement states otherwise.
16.3 Payment on account — terms. Where credit is granted, payment is due on the date shown on each invoice (typically 7, 14, or 30 days from invoice date, as agreed at account-opening). Credit limits apply per invoice and in aggregate. We may change or revoke credit terms at any time with written notice.
16.4 Late payment. Where an invoice is not paid by its due date:
• Interest accrues at the maximum statutory rate permitted under New Jersey law from the due date until the date of payment, compounded monthly;
• An administrative charge of $40 per invoice applies the first time an invoice becomes overdue, and a further $40 per invoice per calendar month thereafter;
• New Orders suspended. Your account is placed on hold — no new credit Orders will be accepted until the overdue amount is cleared. You may continue to pay by card;
• Collection costs. All reasonable costs we incur in recovering an overdue amount, including legal costs and collection-agency fees, are recoverable from you;
• Credit revocation. We may revoke your credit terms entirely if your account is repeatedly overdue.
16.5 No set-off. You may not withhold any payment, or any part of any payment, on the basis of an alleged defect or any other claim, without our prior written agreement.
16. Payment terms, late payment, and credit accounts
16.1 Payment methods. We accept payment by credit or debit card (via Stripe). For approved business customers, payment on account ("credit") is available on application, subject to our credit-check process and our Credit Account Rules (available on request). BACS payment is available for UK-linked enquiries where specifically agreed.
16.2 All invoices are payable in United States dollars unless a written agreement states otherwise.
16.3 Payment on account — terms. Where credit is granted, payment is due on the date shown on each invoice (typically 7, 14, or 30 days from invoice date, as agreed at account-opening). Credit limits apply per invoice and in aggregate. We may change or revoke credit terms at any time with written notice.
16.4 Late payment. Where an invoice is not paid by its due date:
• Interest accrues at the maximum statutory rate permitted under New Jersey law from the due date until the date of payment, compounded monthly;
• An administrative charge of $40 per invoice applies the first time an invoice becomes overdue, and a further $40 per invoice per calendar month thereafter;
• New Orders suspended. Your account is placed on hold — no new credit Orders will be accepted until the overdue amount is cleared. You may continue to pay by card;
• Collection costs. All reasonable costs we incur in recovering an overdue amount, including legal costs and collection-agency fees, are recoverable from you;
• Credit revocation. We may revoke your credit terms entirely if your account is repeatedly overdue.
16.5 No set-off. You may not withhold any payment, or any part of any payment, on the basis of an alleged defect or any other claim, without our prior written agreement.
18. Portfolio and marketing use of your design
18.1 Unless you opt out under Section 18.2, we may showcase images of finished Custom Goods we have produced for you in our portfolio, website, printed materials, social-media channels, and sales decks.
18.2 If you do not want your Order shown in any such use, you may opt out at any time by email to mail@usabadge.com stating your order number and the opt-out request. We will honour an opt-out received before or after production. Where an image has already been published, we will remove it within thirty (30) days of your written request.
18.3 Where a design incorporates an obvious third-party mark, logo, or insignia (for example, a military unit crest, a corporate logo, or a sports club badge), we reserve the right not to publish that image even without an opt-out request.
19. Limitation of liability
LIMITATION OF LIABILITY — READ CAREFULLY
19.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR UNDER ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO AN ORDER, IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO US FOR THAT ORDER.
19.2 IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITY, LOST GOODWILL, LOSS OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, THE COST OF A CANCELLED OR POSTPONED EVENT, OR THE COST OF HAND-DELIVERING GOODS TO YOUR OWN CUSTOMERS — WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
19.3 The limitations in this Section apply even if a remedy set out in these Terms is found to have failed of its essential purpose. Some jurisdictions do not allow the limitation or exclusion of certain damages; in those jurisdictions, our liability is limited to the maximum extent permitted by law.
20. Binding arbitration and class-action waiver
20.1 Any dispute, claim, or controversy arising out of or relating to these Terms, an Order, Custom Goods, or our relationship ("Dispute") shall be resolved by final and binding individual arbitration, administered by the American Arbitration Association under its Consumer Arbitration Rules (or, for a commercial customer, under its Commercial Arbitration Rules), in Newark or Edison, New Jersey. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction.
CLASS-ACTION WAIVER — PLEASE READ
20.2 YOU AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS ONLY IN ITS INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION. THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL CLAIMANT, AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT CLAIMANT'S INDIVIDUAL CLAIM. IF THIS CLASS-ACTION WAIVER IS HELD UNENFORCEABLE, THEN THE ENTIRETY OF THIS SECTION 20 SHALL BE NULL AND VOID AS TO SUCH CLAIM, AND THAT CLAIM SHALL BE LITIGATED IN COURT SUBJECT TO SECTION 21.
20.3 Small claims carve-out. Either party may bring an individual claim in the Small Claims Court of the county in which you reside or in Middlesex County, New Jersey, provided the claim is within the monetary limits of that court.
20.4 Opt-out. You may opt out of this Section 20 by writing to us at mail@usabadge.com within thirty (30) days of placing your first Order, stating your name, address, and an unambiguous opt-out. An opt-out notice sent later has no effect.
21. Governing law and jurisdiction
21.1 These Terms are governed by the laws of the State of New Jersey, United States, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
21.2 Subject to Section 20 (Arbitration), the state and federal courts located in Middlesex County, New Jersey have exclusive jurisdiction over any Dispute not subject to arbitration. You and we consent to the personal jurisdiction of those courts and waive any objection based on inconvenient forum.
22. Force majeure
22.1 We are not liable for any failure or delay in our performance caused by events outside our reasonable control, including but not limited to: acts of God; fire, flood, earthquake, and severe weather; war, terrorism, and civil unrest; pandemic, epidemic, and related public-health measures; government action, embargo, customs seizure; shipping-carrier failure, strike, or industrial action; power, telecommunications, or internet failure; shortage or interruption of raw materials; cyber-attack or ransomware affecting us or any supplier. If such an event continues for more than sixty (60) calendar days, either you or we may cancel the affected Order by written notice, and we will refund any amount paid against work not yet commenced.
23. Data protection and privacy
23.1 Our collection and use of your personal data is described in our Privacy Policy, which is incorporated into these Terms by reference.
23.2 Data locations. In the course of fulfilling your Order, some data (including Your Artwork and production files) may be processed and stored on systems located in the United Kingdom, the European Economic Area, or other countries where our production partners operate. By submitting an Order, you consent to this cross-border processing where it is necessary to fulfil your Order.
23.3 Marketing. Where you place an Order, we may send you occasional service communications (order updates, delivery confirmations) and, where applicable law permits, relevant product communications. You may unsubscribe from marketing communications at any time via the link in every email or by writing to mail@usabadge.com. We comply with the CAN-SPAM Act (US), with applicable state privacy laws (including the California Consumer Privacy Act where relevant), and with the UK GDPR / EU GDPR where EU or UK residents contact us.
23.4 We never sell your personal data.
24. Electronic communications and notices
24.1 You agree that we may deliver all notices, disclosures, and other communications to you by email to the address on your account, and that such electronic communications satisfy any legal requirement that communication be in writing. You are responsible for keeping your email address current on your account.
24.2 The "confirmation email" sent at each stage of your Order is a record for your convenience, but the authoritative record of your Order and of every Approval you give is the Approval Record and the order record retained on our systems.
25. Website terms of use
25.1 You may use usabadge.com to place Orders, request quotes, and access your account. You may not (a) use the site for any unlawful purpose, (b) attempt to gain unauthorised access to any part of the site, any account, or any underlying system, (c) reverse engineer, scrape, or harvest data from the site, (d) interfere with the operation of the site, (e) submit artwork or account content that breaches Section 5.1, or (f) use the site in a way that infringes our intellectual-property rights or those of any third party.
25.2 We provide the site on an "as is" and "as available" basis. We do not warrant that the site will be uninterrupted, error-free, or free of viruses or malicious code. Your use of the site is at your own risk.
25.3 The Limitation of Liability in Section 19 applies to your use of the site as well as to Orders.
26. Changes to these Terms
26.1 We may change these Terms from time to time. The Effective Date at the top of this document records the current version. Changes apply to Orders placed after the new Effective Date. Your placing of a new Order after a change is your acceptance of the changed Terms. Orders already placed are governed by the version of these Terms in force at the time of the Order.
27. Miscellaneous
27.1 Entire agreement. These Terms, together with the Privacy Policy and the specific terms of each Order you place, constitute the entire agreement between you and us, and supersede all prior discussions, quotes, proposals, and representations, whether written or verbal.
27.2 No oral modification. These Terms may only be varied in a writing signed or electronically confirmed by a duly authorised representative of Digitizing LLC. No statement by any employee, agent, or contractor of ours varies these Terms.
27.3 Severability. If any clause of these Terms is held unenforceable, the remainder continues in force, and the unenforceable clause is modified to the minimum extent necessary to make it enforceable.
27.4 No waiver. Our failure to enforce any clause is not a waiver of our right to enforce it later.
27.5 Assignment. You may not assign or transfer your rights under these Terms without our prior written consent. We may assign or transfer our rights, including to a successor-in-interest, without notice.
27.6 Survival. Sections 5.3 (Indemnity), 9 (Shipping/title/risk), 11 (Inspection), 12 (Warranty disclaimer), 15 (Chargebacks), 17 (IP), 19 (Limitation of Liability), 20 (Arbitration), 21 (Governing Law), 23 (Privacy), and 27 (Miscellaneous) survive termination or completion of any Order.
27.7 Third-party rights. These Terms do not confer any right on any third party (except that the Indemnified Parties in Section 5.3 may enforce that Section against you).
27.8 Headings. Headings are for convenience only and do not affect interpretation.
27.9 Language. These Terms are in English. Any translation is for convenience only; the English version controls.
28. Contact
Digitizing LLC, trading as USA Badge
Address: 1812 Raspberry Ct, Edison, NJ 08817, United States
Email: mail@usabadge.com
Phone: +1 (401) 655-1153
HOW YOU ACCEPT THESE TERMS
You accept these Terms by any of the following:
• ticking the "I accept the Terms and Conditions" box at checkout;
• paying an invoice we have issued to you;
• giving an Approval through our website or by email;
• any other act that objectively indicates acceptance.
The record of your acceptance (including IP, timestamp, user agent, and version of these Terms shown) is retained on our systems and is conclusive evidence of acceptance for the purposes of any dispute.
— End of Terms and Conditions —
