TERMS

PROCESS

Proofs. Proofs will be sent to Client in PDF form. It is Client’s responsibility to review the proofs and agree in writing that there are no errors, including but not limited to: spelling, typographical errors on the part of Vendor, accuracy of information and layout, and authorize Vendor to proceed to production of the items. If any corrections/additions/deletions are required during proofing process Client will submit appropriate information in writing. Once Client gives final proof approval, you are giving Vendor permission to print all pieces as they appear on final proof. Once approved, no changes can be made and Vendor will not be held responsible for any errors found after your approval.

Note that if proofs or information are not turned around by Client in a timely fashion, your workflow may be subject to interruption by other standing projects. If at any time the project changes to substantially alter the specifications as described in the original proposal, a proposal revision memo will be sent to Client and a revised fee will be agreed upon by both Vendor and Client before project moves forward.

PDF proofs are intended as an onscreen proof only. Proofs are to show size of the type, spelling, and layout. They are not intended to show exact ink color, paper, or finish quality of the product. Colors displayed on the screen are not exact.

Color Variations. Client is aware that color variations are a natural occurrence with printing and colors may vary from printed swatch cards. Printing on different stock types within the same stationery suite may result in a different printed (color) appearance. Client is also aware that printed color on same stocks can vary a slight degree within the same invitation suite.

Reprints. Client understands that if items need to be reprinted due to inaccurate information, spelling errors, information omissions, or for any other reason than Vendor error, reprints are charged at the original quoted rate. Rush fees may apply. Client understands that additional quantities of items after the order is placed may not always be available and may be subject to a different rate than the initial quote.

Guest Lists. When submitting guest lists for envelope printing, Client understands that list must be submitted in the spreadsheet with data listed exactly as Client wishes for it to be printed on envelopes. All spreadsheets not submitted in proper form are subject to a $50/hour fee to format appropriately. Guest additions/deletions/changes can be made during proofing process on proof approval form, but once the spreadsheet has been submitted to Vendor, Client can no longer change the spreadsheet and resubmit it without incurring an additional fee.

Production Time. Vendor will work to have project done in a timely fashion. In the event that Client’s requested paper, folders, embellishments, accessories, or other items necessary to complete project are out of stock and back-ordered or discontinued from the manufacturer, Vendor will notify Client of additional time needed to complete order. Or acceptable alternative may be selected. No refunds or discounts will be provided.

Quality. Vendor values the highest quality standards for our custom products and we quality check items before delivery. Since invitations and paper goods are handmade, there may be slight irregularities. Vendor strives to achieve consistency in each order. In the event there is a quality-control issue Vendor will correct the error at no charge to Client.

ARTISTIC RELEASE

Style. Client has spent a satisfactory amount of time reviewing Vendor’s work and has a reasonable expectation that Vendor designs will be produced in a similar manner and style unless otherwise specified.

Consistency. Vendor will use reasonable effort to ensure Client’s desired products are produced in a style and manner consistent with Vendor’s current portfolio and Vendor will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:

– Every Client and event is different, with different tastes, budgets, and needs;
– Custom stationery design is a subjective art and Vendor is an artist with a unique vision and with an ever-evolving style and technique;

– Vendor will use artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions; Although Vendor will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with products, Vendor shall have final say regarding the aesthetic judgment and artistic quality of products. Dissatisfaction with Vendor’s aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.

PAYMENT AND CANCELLATION

Payment. A first non-refundable payment of 50% of the total is required to begin design and production of Client’s order. This payment is non-refundable due to other projects Vendor must turn down in order to complete services as well as materials purchased for Client’s project. The final payment is due upon delivery of Client’s items. If final payment is not received, finished product will not be shipped, regardless of signed contract or estimated completion date. For Texas Clients, Texas sales tax will be added to the total.

Cancellation. If Client desires to cancel services of Vendor for any reason at any time, then Client shall provide notice to Vendor as soon as possible. Providing notice will not release Client of any payment obligations. Designer will not be obligated to refund any portion of monies Client has previously paid to Vendor. Vendor has no obligation to attempt to re-book further stationery services to fill the void created by Client’s cancellation.

Force Majeure. Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:

– A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or
– War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or
– Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.

Failure to Perform Services. In the event Vendor cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:

– Immediately give Notice to Client via written notice or email; and
– Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and
– Excuse Client of any further performance and/or payment obligations in this Agreement.

POSTAGE AND POSTAL RELEASE

Postage. Client understands that Client is responsible for postage. The post office sets pricing, and Client can consult them to determine postage. Client is aware that additional postage is required for: square envelopes, heavy assembled envelopes, oversized envelopes, and any stuffed envelopes thicker than 1/4″. Client understands that it is possible for invitations to get lost in the mail and has accounted for this in the ordered quantity.

Postal liability. Vendor assumes no responsibility for transit times, damage to envelopes or invitations from the USPS/postal equipment, inclement weather, or situations beyond Vendor’s control.

INTELLECTUAL PROPERTY

Copyright Ownership. Vendor owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Vendor and may be used in the reasonable course of Vendor’s business.

Permitted Uses of Product(s). Vendor grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Vendor with attribution each time Client uses Vendor’s property. Personal use includes, but is not limited to, use within the following contexts:

– In photos on Client’s personal social media pages or profiles; or
– In personal creations, such as a scrapbook or personal gift.

Product Images. Vendor reserves the right to use images of Client’s design for print advertising and on the internet, including but not limited to www.letterartonline.com and Facebook. In the event images are used, personally identifying information such as addresses and phone numbers will be concealed from view. Images will not be used until after Client’s event.

GENERAL PROVISIONS

Maximum Damages. Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Vendor.

Indemnification. Client agrees to indemnify, defend and hold harmless Vendor and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Vendor provides to Client.

Governing Law. The laws of Texas govern all matters arising out of or relating to this Agreement, including torts.

Severability. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.

Notice. Parties shall provide effective notice (“Notice”) to each other via either email or United States Postal Service.

Merger. This Agreement constitutes the final, exclusive agreement between the parties relating to the event and Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.

Amendment. The parties may amend this Agreement only by the parties’ written consent via proper Notice.