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 customerʼs 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.
- 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.
- 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 countryʼs 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 (“ECSˮ) and the merchant (“Merchantˮ).
I. SERVICES
1.1 Services 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 “Cardˮ) for purchases and other transactions made by customers of Merchant who hold approved Cards (“Approved Cardsˮ). 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 Systemˮ) 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.ˮ
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 Merchantʼs compliance with said laws and agrees
to wholly indemnify ECS for all related liabilities.
II. SYSTEM ACCESS
The 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 attorneyʼs 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 MERCHANTʼS 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.
Communication Terms & Conditions
SMS Terms & Conditions
- SMS Consent Communication
Information (Phone Numbers) obtained as part of the SMS consent process will not be shared with third parties for marketing purposes. - Types of SMS Communications
If consent has been given to receive text messages from eCard Systems, messages may be received related to the following:
– Order confirmations and updates
– Shipping notifications
– Account-related notifications
– Customer service communications Example: Thank you for reaching out to eCard Systems. Weʼve received your inquiry and are working on a solution. Our team will update you within 24-48 hours.For any further questions, feel free to reply or contact us at 866-776-7409. - Message Frequency
Message frequency may vary depending on the type of communication. For example, up to 5 SMS messages per week may be received related to orders, shipping, and account notifications. - Potential Fees for SMS Messaging
Standard message and data rates may apply, depending on the carrierʼs pricing plan. These fees may vary if the message is sent domestically or internationally. - Opt-In Method
Opt-in to receive SMS messages from eCard Systems can be done in the following ways:
– By checking the SMS consent box on our online forms
– Customer care and account notification - Opt-Out Method
Opting out of receiving SMS messages can be done at any time by replying “STOP” to any SMS message received.
Alternatively, direct contact can be made to request removal from the messaging list by calling 866-776-7409 or emailing
[email protected]. - Help
For any issues, reply with the keyword “HELP” to any SMS message. Alternatively, help can be obtained directly from us at 866-776-7409 or by visiting our website at ecardsystems.com. - Standard SMS Messaging Disclosures
Message and data rates may apply.
Opt out at any time by texting “STOP.”
For assistance, text “HELP” or visit our Privacy Policy and Terms of Service pages.
Message frequency may vary
Email Marketing Terms & Conditions
- Email Consent and Collection
Email addresses obtained for marketing purposes will not be shared with third parties without explicit consent. We comply with the CAN-SPAM Act and applicable email marketing regulations. - Types of Email Communications
If consent has been given to receive email communications from eCard Systems, messages may be received related to the following:
– Order confirmations and updates
– Shipping notifications and tracking information
– Account-related notifications
– Product updates and promotions
– Company news and announcements
– Customer service communications - Email Frequency
Email frequency may vary depending on the type of communication. Marketing emails are typically sent no more than 2-3 times per week. Transactional emails (order confirmations, shipping updates) are sent as needed based on your orders and account activity. - Email Sender Identification
All commercial emails from eCard Systems will clearly identify:
– eCard Systems as the sender
– Our physical business address: 7109 Bakers Bridge Avenue, Brentwood, TN, 37027
– The commercial nature of the message when applicable - Email Opt-In Methods
Opt-in to receive email communications from eCard Systems can be done through:
– Creating an account on our website
– Checking the email marketing consent box during checkout
– Subscribing via our website newsletter signup
– Providing email consent during phone conversations with our customer service team - Email Opt-Out Methods
You can opt out of receiving marketing emails from eCard Systems at any time by:
– Clicking the “Unsubscribe” link in any marketing email
– Emailing us directly at [email protected] with your unsubscribe request
– Calling us at 866-776-7409 to request removal from email lists
– Updating your preferences in your online account (if applicable)We will process all opt-out requests within 10 business days as required by the CAN-SPAM Act. - Email Subject Line Accuracy
All email subject lines will accurately reflect the content of the email and will not contain misleading or deceptive information. - Transactional vs. Marketing Emails
Transactional emails (order confirmations, shipping updates, account notifications) may be sent to all customers as they relate to your business relationship with usMarketing emails (promotions, company news) require separate consent and can be opted out of independently
Phone Communication Terms & Conditions
- Phone Communication Consent
Phone numbers obtained for voice communication purposes will not be shared with third parties for marketing purposes. - Types of Phone Communications
eCard Systems may contact you by phone for the following business-related purposes:
– Order confirmations and status updates
– Customer service support
– Account-related notifications
– Payment processing issues
– Quality assurance and customer satisfaction surveys - Our Calling Practices
eCard Systems does not engage in telemarketing, cold calling, or unsolicited sales calls. We do not use automated telephone dialing systems (auto-dialers) or prerecorded messages for marketing purposes. All calls are manually dialed by our staff and relate to your existing business relationship with us. - Call Frequency
Call frequency varies based on your business relationship with us. Most calls are made on an as-needed basis related to your orders or customer service requests. - Phone Opt-Out Methods
You can request to limit phone communications from eCard Systems by:
– Informing our representative during any phone call
– Emailing us at [email protected]
– Calling us at 866-776-7409Please note that we may still need to contact you for essential order-related or account security matters even if you opt out of other communications. - Call Recording
Calls may be recorded for quality assurance and training purposes. You will be notified at the beginning of any recorded call.
Universal Communication Preferences
Cross-Channel Opt-Out
In compliance with updated TCPA regulations, if you opt out of communications via one method (SMS, email, or phone), we will honor your preference across all communication channels unless you specifically request otherwise for transactional communications necessary for your orders and account management.
Record Keeping
eCard Systems maintains detailed records of all communication consents and opt-out requests for a minimum of four years to ensure compliance with applicable regulations.
Contact for Communication Issues
For any questions or concerns regarding our communication practices, contact us at:
– Email: [email protected]
– Phone: 866-776-7409
– Mail: 7109 Bakers Bridge Avenue, Brentwood, TN, 37027