Effective Date: April 29, 2025

B Mitzvah Swag LLC dba Boca Swag (further referred to as “Company”) may post updates to these Terms and Conditions of Use on its website.

SERVICES

“Services” refers to Company’s customization of goods by printing, labeling, embroidering or other means, packing and shipping of those goods for special events.

 ASSIGNEES AND SUBCONTRACTORS.

This Agreement is not assignable by you. This Agreement or any portion thereof is assignable by Company in its sole discretion. Company may, in its sole and absolute discretion, subcontract for the provision of services under this Agreement. You acknowledge and agree that the provisions of this Agreement inure to the benefit of and are applicable to any subcontractors engaged by Company to provide any service set forth herein to you and bind you to such subcontractors with the same force and effect as they bind you to Company.

PAYMENT.

The Customer understands that 50% of the Estimate is due and payable by the Customer upon approval of Estimate by Customer and will be charged to the payment method authorized at the point of sale for the amount specified by Company. Customer agrees to pay any remaining stated balance upon receipt of order.  Customer agrees to pay all sales, service, property, use and local taxes, permits or licenses and any additional fees or charges arising under this Agreement. Payments made by Credit Card will be charged a service fee of 3% of the total invoiced amount. Balances that are over thirty (30) days past due will be subject to a monthly finance charge equal to 1.5% per month or the maximum allowable by law. In the event that it becomes necessary for Company to undertake legal proceedings to collect payments due under this Agreement, Customer agrees to reimburse all reasonable attorneys’ fees associated with such collection action, except where prohibited by law.

 TERMINATION.

Customer understands that once Estimate is signed, all sales are final and due payable as outlined in these terms. There is no termination right to Customer, due to the highly customized nature of Company’s offering. 

 LIMITATION OF LIABILITY.

Should there arise any liability on the part of Company or any of its officers, directors, shareholders, members, partners, employees or sub-contractors (and the employees of sub-contractors) (collectively, “representatives”) for any personal injury or death or any other loss, damage, cost or expense, property damage or other liability arising out of or from, in connection with, or related to any reason, including the (1) active or passive, sole, joint or several negligence of any kind or degree of Company or any of the representatives, (2) goods not meeting specification; (3) breach of contract, or (4) any claims for subrogation, contribution or indemnification, all such liability shall be limited to the maximum sum of $1,000.00, collectively for Company and representatives.

 CONSEQUENTIAL DAMAGES.

In addition to any other provision in this agreement, Company shall not be liable for any general, direct, special, exemplary, punitive, incidental or consequential damages.

 WAIVER OF SUBROGATION.

You waive any rights your insurance Company may have to sue Company or representatives for money paid by you or on your behalf.

 INDEMNIFICATION.

If anyone other than you, including your insurance company, asks Company or representatives to pay for any loss, damage, cost or expense (including property damage, personal injury or death) arising out of or from, in connection with, related to, as a consequence of, or resulting from any reason, including (1) the active or passive, sole, joint or several negligence of any kind or degree of Company or any of the representatives, (2) goods not meeting specifications; (3) the breach of contract, or (4) any claims for subrogation, indemnification or contribution, you agree to pay (without any condition that Company or representatives first pay) for all such loss, damage, cost and expense, including attorneys’ fees, which may be asserted against or incurred by Company or any of the representatives in connection with any and all such claims.

 CONSENT TO COMMUNICATE BY TELEPHONE.

Company may be required to communicate with you or the persons whose names and telephone numbers you provide. Such communication may take different forms, including a live telephone call, a pre-recorded telephone message using an auto-dialer, an SMS or other form of text message or some other form of electronic communications (collectively, “Communications Methods”). Company will communicate with you and other persons at the telephone number you provide, including any mobile phone number or residential landline number using one or more of the Communications Methods, in the Company’s sole discretion. You must (a) inform each such person that the Company will communicate with them at such numbers using one or more of the Communications Methods; and (b) obtain permission from such person that the Company may (i) use one or more of the Communications Methods to communicate with them at such telephone numbers; and (ii) record such communications as set forth more fully in this Agreement. You also give Company and its contractors or representatives permission to use the telephone to communicate (via any of the Communications Methods set forth above) for all matters, including sales-related matters or collection matters from time-to-time.

 SEVERABILITY.

Should any provision hereof (or portion thereof), or its application to any circumstances, be held illegal, invalid or unenforceable to any extent, the validity and enforceability of the remainder of the provision and this Agreement, or of such provisions as applied to any other circumstances, shall not be affected thereby, and shall remain in full force and effect as valid, binding and continuing.

 ENTIRE AGREEMENT.

This Agreement constitutes the entire agreement and understanding between the Customer and Company concerning the subject matter hereof and supersedes all prior discussions, agreements and representations, whether oral or written and whether or not executed. This Agreement and the respective rights and obligations of the parties hereto shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law provisions. In the event that it should become necessary for Company to institute legal proceedings to enforce any provision of this Agreement, the Customer agrees to pay Company reasonable attorneys’ fees and costs, except where prohibited by law.

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