PixelPerfectInvite
Bold, Bright, & Beautiful Custom Stationery!
PixelPerfectInvite is currently not selling on Etsy We’re here if you need help with an order from this shop. Have questions? Visit our Help Center.
PixelPerfectInvite is currently not selling on Etsy
We’re here if you need help with an order from this shop. Have questions? Visit our Help Center.
Shop policies
Last updated on Nov 26, 2021
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Privacy policy
Privacy policy
BLACK FRIDAY PICKUP
Anyone using the code LOCALPICKUP to pickup an item(s) from me must first message me to ensure you are within the local pickup range. If you use the code but have not discussed a time and date for pickup, a follow up listing will be sent to you for you to pay for shipping. Otherwise, your order will be cancelled and will be relisted in the shop.
A. CONFIDENTIALITY CLAUSE
VENDOR will hold and maintain in confidence any confidential information that is provided by CLIENT (such as confidential information relating to guest addresses, wedding information, etc.), and will not disclose such information to any third party except as may be required by a court or governmental authority or as authorized by CLIENT.
B. PAYMENT
CLIENT agrees to pay the fees due at checkout, including all applicable taxes. CLIENT will pay the total sum in one payment, and will agree to adhere to the due dates for payments, or will otherwise forfeit the right to receive the completed work on time. For custom orders, $150.00 of the total invoice fee will be due as a down payment or retainer to secure CLIENT’s reserved spot with VENDOR. This $150.00 payment is considered a non-refundable retainer, and will not be returned to CLIENT on cancellation of the project for any reason. The remaining total of the invoice will be due once the final proof has been approved, and before any items are produced, printed, or shipped out to the CLIENT. Failure to pay the final invoice will result in the CLIENT's project being delayed or cancelled if payment is not made after the third payment reminder is sent. Payment will be made using a custom listing through Etsy. If final payment is not received, the Services rendered to the CLIENT will not begin production, regardless of signed contract, payments made, or estimated completion date. CLIENT agrees to pay VENDOR for any work that falls outside the original scope of work that is covered within this Agreement. If additional work is requested that extends outside the Agreement, CLIENT agrees to pay the quoted rate sent in addition to all other amounts owed under this Agreement. CLIENT also agrees that if additional work is requested, VENDOR will be granted extra time to complete the needed work. CLIENT agrees and understands that the remaining invoice total is subject to change during the design process based on whether CLIENT wishes to add or remove items from the scope of the project.
C. STYLE
CLIENT has spent a satisfactory amount of time reviewing VENDOR'S work and has a reasonable expectation that VENDOR will perform the Services in a similar manner and style unless otherwise specified in this Agreement. CLIENT understands and agrees that VENDOR has a unique vision for every client and grants VENDOR creative freedom to produce work based on agreed-upon inspiration. VENDOR will use artistic judgment, experiential knowledge and budgetary boundaries 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 the Services, VENDOR shall have final say regarding the aesthetic judgment and artistic quality of the Services. Dissatisfaction with VENDOR's aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or refund requests. If digital envelope printing envelope addresses is included in the Services to be rendered, CLIENT understands that the appearance of digital printed envelopes will vary from one address to the next. CLIENT understands that the appearance of each address will change depending on letter and word count. Please have this expectation set when ordering envelope addresses services. CLIENT understands that each envelope is a single work of art and should be appreciated as such.
D. HANDMADE INVITATIONS
Each invitation is a single work of art and must be appreciated as such. Note that due to the fact that each piece is handmade, no two invitations will look exactly the same. This includes but is not limited to ribbon style, ribbon length, print colors, adhesives, cuts, folds, etc. Difference in style are not valid reasons for termination of this Agreement or request of any monies returned. It is important to note that the CLIENT's actual invitation may not look exactly as a sample that may have been ordered and received before due to a number of factors including but not limited to paper style, ribbon style, or the artistic interpretation of the Vendor.
E. DESIGN ROUNDS & REVISIONS
VENDOR agrees to complete and send each design round to CLIENT electronically within two business days of CLIENT providing feedback on the previous design round, unless agreed upon or stated otherwise. CLIENT is allowed up to three revision periods to tweak small nuances of the design. Revisions include: color, subtle font changes that are typography based, and sizing of certain elements. Each revision requested by the CLIENT after all three revisions have been used will incur a $35.00 fee. A revision does NOT include: handwritten script that has already been digitized or hand drawn/painted/custom-created elements that were made specifically for the design. Additional fees may apply if these elements are required to be re-done or created again for any reason. A REVISION IS NOT A REDESIGN. A complete redesign or new custom artwork may require additional design fees based on the scope of the project. Artwork revisions are limited to color changes, minor details or placement within the design. Please note that new artwork added after the initial proof will require additional design fees. VENDOR will notify CLIENT if revisions are outside the scope of the project.
F. FEEDBACK
CLIENT understands that VENDOR cannot send the final items to CLIENT unless timely feedback and approval of proofs and/or a finalized design is received. CLIENT agrees to provide timely feedback within 2 days of receiving each design round so that VENDOR can understand CLIENT’s concerns, objections, or corrections that need to be made to the design(s). CLIENT understands that if feedback is returned to VENDOR after more than 4 days of receiving a design round, the project might be subject to a delay, which could result in rush fees for CLIENT or cancellation of the project if it can no longer be done within the timeframe needed to complete the project before the event date. VENDOR agrees to make changes to the design(s) in response to the feedback provided during the revision period, in accordance with the guidelines laid out in the “Design Round and Revisions” section of this Agreement. CLIENT promises not to unreasonably withhold approval of design(s). Final say for any feedback must come from CLIENT directly through Etsy messenger or email. All forms of communication must be in written form. Phone calls will NOT be an acceptable form of communication for any projects done through Etsy. Changes that are submitted via text, phone call, DM, or any other communication funnel other than Etsy messenger or email for a design round are subject to get lost and cannot be the responsibility of VENDOR. Changes will only be made if they are submitted via written form through Etsy messenger or email. Unless specified at the beginning of the process, VENDOR reserves the right to refuse feedback from anyone that is not CLIENT, such as a relative, family friend, wedding planner, etc. If CLIENT intends on looping his/her wedding planner into the design process, this must be disclosed to VENDOR before the design process begins.
G. FINAL PROOF FOR PROJECT
Due to the nature of the design process for personal event stationery, there may be names or places that are not familiar to VENDOR. VENDOR will provide CLIENT with a Final Proof, hereby referred to as “Final Proof”, for CLIENT to review all included design pieces for spelling errors, grammar errors, or other errors that need to be corrected. CLIENT will then provide CLIENT’s consent for moving forward with printing by signing off on the Final Proof via digital acceptance. Once approval for the Final Proof is received, CLIENT consents to give VENDOR full permission to print all pieces as they appear on the Final Proof. No further changes can be made and VENDOR will not be held responsible for any errors found after CLIENT grants approval. VENDOR cannot be held responsible for designs that were approved by CLIENT and then printed with an error that CLIENT did not see. Any reprinting costs will be the responsibility of CLIENT. If CLIENT does need changes to be made after the Final Proof is approved, it will be regarded as a new order and fees will be applied on a case by case basis.
H. PRINTING & PRODUCTION DISCLOSURE
Per professional preference, budget and design aesthetic, VENDOR will help CLIENT decide what paper should be used for printing for custom orders. Semi-custom orders will include whatever paper is listed in the individual listing. The required size for each piece will be verified by CLIENT within the final proof for custom work, and at the beginning of the design process, and the final quantity will be finalized, printed, and then shipped/delivered to CLIENT. Semi-custom work will not review paper sizes or final quantity amount. VENDOR recommends ordering an additional 10% of printed pieces to account for any additional guests that may be added to the guest list or any keepsakes that family members may want. VENDOR cannot be held responsible for materials that are out of stock, backordered or discontinued, as these situations are out of VENDOR’s control. Should this situation arise, a suitable alternative will be suggested. Additional fees may occur if alternative material is not of equal value. All digital screens are all calibrated differently, and the colors showcased in digital mockups or proofs may vary slightly when printed. With specialty printing such as letterpress and foil printing, minor variations are to be expected. VENDOR is solely responsible for printing and producing the work for CLIENT, and will not release any editable files to CLIENT such as Photoshop files, Illustrator files, InDesign Files, Procreate files, etc.
I. ASSEMBLY AND LASER CUT PROCESS
Invitations arrive separately from the envelopes. Assembly does not include stuffing invitations into the envelopes unless otherwise noted. The laser cut process involves cutting paper using a laser. This means that paper can be burned at the edges where it is cut. Burning marks can appear as brown marks around the laser cut and are considered part of the process of laser cutting. This is not considered a mistake or a defect in the laser cut folder and is to be expected, especially on lighter colored laser cuts. The VENDOR has no control over which laser cuts receive slight burn marks and which do not. CLIENT understands that each laser cut folder is a single work of art and should be appreciated as such.
J. CHANGE OF SCOPE
If materials are changed and/or additional pieces are added to the order, this indicates a change of scope for the project. VENDOR will present CLIENT with new invoice totals as soon as they are available. These changes must be made within the included rounds of approvals and before the Final Proof. Quantity changes after the Final Proof will result in a $100.00 restocking fee, along with the cost of the new materials. There are times when agreed upon materials are discontinued or out of stock when VENDOR goes to order CLIENT's materials. In the event this happens, VENDOR will provide a suitable alternative within the same price range as the original materials. In the event CLIENT chooses something out of the price range, CLIENT is responsible to paying the difference between the two costs.
K. REORDER POLICY
In the event CLIENT needs additional pieces to be printed outside the agreed upon quantity after materials have been ordered and delivered to CLIENT, a minimum order quantity of 50 will be required, and a restocking fee of $150.00 will apply. VENDOR will provide invoice and include shipping costs. VENDOR is not responsible for suite assembly. Embellishment items including, but not limited to, postage, wax seals and ribbon cannot be reordered.
L. EXTENDED USE AND COPYRIGHT OWNERSHIP
All proofs and design elements are the intellectual property of VENDOR. Proposals, quotes, and proofs may not be shared, copied, or imitated with or by any person. Exceptions are made only for parties directly involved with CLIENT's wedding, i.e. wedding planner, parents, significant other. As all custom designs created by VENDOR are owned by VENDOR. The custom designs cannot be printed by the bride, groom, parents of the couple, or any third party other than VENDOR. This includes crests, stationery artwork, motifs, patterns, illustrations, design elements and calligraphy. An exception will be made if VENDOR sells an extended license of the artwork to CLIENT. Extended licenses are $300.00 per design, per outside use. CLIENT understands that any unauthorized use of design elements will result in an invoice from VENDOR for the applicable licensing fees accrued, which must be paid in 10 business days to avoid VENDOR referring the unpaid amount to collections. CLIENT is responsible for any fees from unauthorized artwork usage. Please note that VENDOR utilizes the professional printing and production companies, which will allow CLIENT's designs to be created in a professional and quality manner, so it is recommended to order any and all corresponding pieces through VENDOR.
VENDOR owns all copyrights in any and all work(s) created or produced 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. CLIENT acknowledges that VENDOR has the right to also use images, design elements, calligraphy, etc. from any portion of the work for portfolio or marketing purposes. CLIENT may request that VENDOR delay posting photos or imagery publicly until after the event date. VENDOR represents that VENDOR owns the rights to the designs that are created for CLIENT under this Agreement, or has secured such rights to any third-party content incorporated into the final design(s); and that VENDOR’s work does not violate the patent, copyright, trade secret or other property right of any person, firm or entity. CLIENT promises that: (a) CLIENT owns the rights to use any design elements CLIENT gives VENDOR (“CLIENT Content”); and (b) using such CLIENT Content does not violate the patent, copyright, trade secret or other property right of any person, firm or entity. CLIENT promises to grant VENDOR a nonexclusive, non-transferable license to use, reproduce, modify, display and publish CLIENT Content solely in connection with VENDOR’s work for CLIENT under this Agreement. CLIENT also affirms and represents that this Agreement does not conflict with any other contract, agreement or understanding to which CLIENT is a party.
M. SHIPPING
If applicable to the project, VENDOR will provide Tracking and Shipping information to CLIENT once the designs have been printed, packaged, and shipped. Once the item is shipped to CLIENT, VENDOR cannot be held responsible for damages, loss, or other shipping circumstances. VENDOR is unable to provide tracking updates beyond the information that third party mail carriers release. VENDOR shall ship Services to CLIENT to the address the CLIENT provides at time of checkout. All shipping costs will be totaled into the Final Invoice. All shipping and postage will be assumed by the CLIENT. Unless otherwise requested by the CLIENT, all packages will be shipped via USPS Priority Mail, and delivery may require a signature based on the total price of the package. The VENDOR is not responsible for items arriving late and/or damaged while in transit and shipping costs will only be refunded if a claim is filed and the shipping company accepts and pays out. The VENDOR does ship internationally. Unless otherwise requested by the CLIENT, all packages will be shipped via USPS Priority Mail, and delivery may require a signature based on the total price of the package. International charges will be based on current charges on usps.com, plus the cost of shipping supplies. Please note that international packages will go through customs and can be retained for a short to a long time. The VENDOR will not be responsible for the time the package is retained in customs. The CLIENT is solely responsible for duties and taxes payments at the time of delivery. Mailing single invitations occasionally incur additional postage because of their weight, or due to the shape of the finished piece. The VENDOR is not responsible for overcharge in postage, or for invitations or stationery that is lost in the mail or is destroyed through the mailing process. It is the CLIENT's responsibility to check pricing with your post office at the time of purchase. It is also the CLIENT's responsibility to collect for pickup, or arrange for your items to be picked up or dropped off with the shipping carrier. The VENDOR carries no responsibility once the package is with the shipping carrier and will charge accordingly if the package is returned to the VENDOR for whatever reason.
N. RUSH FEES AND EXPEDITED SHIPPING
Custom artwork requires concept creation, sketching, painting, proofing, printing, assembly and shipping. Failure to comply with suggested timelines and due dates may affect the delivery of and fees for the Service provided. To ensure delivery for CLIENT’s event, an additional rush fee of 20% of the total invoice will be applied if information and/or CLIENT Content is not received in a timely manner. VENDOR will outline all dates and timelines for information needed and will remind CLIENT if additional information is needed. VENDOR is not responsible for CLIENT's delay in response. Expedited shipping charges will be billed on the final invoice if incurred. CLIENT will be notified of any additional costs before billing. Expedited shipping will only be used if CLIENT asks for such shipping. Otherwise, all orders will be shipped using USPS Priority Mail. Items will be rushed if the CLIENT needs them within a 4 week turnaround time from the date that the final approval has been given and the final invoice has been paid to the VENDOR. Rush orders are not always available. It is the CLIENT's responsibility to check with VENDOR on rush availability prior to placing an order.
O. USPS DIRECT MAILING DISCLOSURE
In the event that VENDOR is hired by CLIENT to mail the guest invitations for the guest through the USPS Postal Service, CLIENT agrees and understands that VENDOR cannot be held responsible for any mailed items that are damaged by USPS, as they are an independent third party. VENDOR also cannot be held responsible for any invitations that are marked "return to sender" by the USPS Postal Service. The USPS reads envelopes electronically. If handwritten calligraphy or script font is used for the envelopes, some addresses or styles will be more or less difficult to read when sorted through USPS machines. This includes using colored ink other than black. Any address that cannot be read by the machine will likely be hand-inspected. If the address still cannot be delivered, it will be returned to the return address on the mailed stationery. VENDOR is not responsible for resending, reprinting or reimbursing for invitations or addresses that do not make it to their intended address. As with any mass mailing, it is expected that 1-3% of the mailed pieces may be marked undeliverable. CLIENT is responsible for checking CLIENT’s address list to minimize this possibility. CLIENT may wish to order extra pieces for this reason. CLIENT understands it can take USPS anywhere from a day to 3 weeks or more to deliver a piece of mail, and it is out of VENDOR’s control.
P. RETURNS, CANCELLATION AND/OR NON-RESPONSIVE CLIENTS
If CLIENT desires to cancel Services, reschedule Services, or if it becomes impossible for VENDOR to render Services due to the fault of CLIENT or parties related to CLIENT, such as failure of the event to occur or failure to get information or CLIENT Content needed in a timely manner, CLIENT shall provide notice to VENDOR as soon as possible. VENDOR has no obligation to attempt to re-book further Services to fill the void created by CLIENT’s cancellation, rescheduling, or no-show if it becomes impossible for VENDOR to provide the Services due to the fault of CLIENT (or parties related to CLIENT). VENDOR will not be obligated to refund any payments CLIENT has previously paid towards the total cost. CLIENT is not relieved of any payment obligations for cancelled Services, rescheduled Services, failing to communicate, or should it become impossible for VENDOR to provide the Services due to the fault of CLIENT (or parties related to CLIENT) unless both CLIENT and VENDOR otherwise agree in writing. If there is a need for the CLIENT to cancel the order, please contact the VENDOR right away. If CLIENT's final approval has not been received and the CLIENT's project has not gone into production, the CLIENT is responsible for their retainer, or $150.00 design fee, whichever is greater, and any materials that have been purchased. If the CLIENT's project has gone into the production process, the CLIENT is responsible for the entire amount as stated on the final invoice. Because of the personalization of custom and semi-custom stationery, orders are non-refundable, without exception. The CLIENT has 24 hours after the day of delivery to contact the VENDOR about any issues with the order. If the CLIENT has a problem with the order and has not reached out to the VENDOR within 24 hours of receiving the order, the order is considered acceptable. If there is something the VENDOR feels is technically defective with the CLIENT's order, the defective item (invitation, laser cut folder, envelope, etc.) must be sent back to the VENDOR at the CLIENT's expense before the VENDOR will send the CLIENT a replacement item. Items may not be cancelled and/or refunded once the final invoice has been paid and the invitations have gone into production. If after three attempts have been made to contact the CLIENT regarding a proof approval/revision, or payment, and the CLIENT has not responded, the VENDOR has the right to cancel the Agreement and is no longer under obligation to the CLIENT to perform services as laid out in this Agreement. If CLIENT does not respond to Etsy messages, and/or emails in a timely manner, VENDOR has the right to cancel the project.
Q. CANCELLATION
If for any reason CLIENT cancels this Agreement within 10 business days after the order has been placed, if a design proof has been made, VENDOR will keep a $150.00 design fee, but CLIENT will not be responsible for any remainder due. Cancellation must be made in writing, signed by the contracted party, and sent via email to krobles@pixelperfectinvites.com. Confirmation of receipt of notification email by VENDOR must be obtained. If CLIENT fails to supply written cancellation as specified before the final invoice payment due date or cancels within 2 days after the final invoice has been paid, CLIENT shall be required to pay the full balance due.
R. RESCHEDULING
If for any reason CLIENT reschedules their design and production services more than 5 days before the final invoice due date, and VENDOR is able to rebook the original design and production services date for the full fee under this Agreement or any amount above that fee. CLIENT will be responsible for paying any fees involved in reprinting, design, and shipping products that have already been assembled, printed, or designed. Rescheduling notification must be made in writing, signed by the CLIENT, and sent via email to krobles@pixelperfectinvites.com. Confirmation of receipt of notification email by VENDOR must be obtained. Retainer credit may be applied to VENDOR’s services within one year (12 months) of original date, provided VENDOR is available. In the event VENDOR is not able to rebook the original design and production service date under this Agreement, CLIENT forfeits the retainer in full. If the invoice has already been paid in full and the project is already in production, the CLIENT will be sent the original designs and items that were purchased. No monies will be refunded for services or products. If CLIENT fails to supply written rescheduling notification 5 days before the final invoice due date, CLIENT shall be required to pay the full balance due. If for any reason CLIENT reschedules the design services and production, CLIENT forfeits the retainer and must book VENDOR’s services under a new contract and will be subject to VENDOR’s current pricing at that time. The retainer is “non-refundable and non-transferable”.
S. INCLEMENT WEATHER
CLIENT understands and agrees that VENDOR will continue all service coverage under any and all weather conditions. The only exceptions to this are (1) dangerous weather conditions that prevent the VENDOR, CLIENT, and CLIENT’s agents from safely entering a location or area, such as, but not limited to, avalanches, mudslides, rockslides, wildfires, hurricanes, monsoons, tornadoes, etc., (2) other location or area closures due to forces outside the control of the parties, or (3) locations or areas deemed unsafe under the sole discretion of VENDOR. In the event of such occurrence, VENDOR with work with CLIENT to find another mutually agreeable location for the invitation design services and production on the same date. CLIENT understands and agrees that some alternate locations are impossible to provide service coverage at due to limitations and timelines surrounding licensing and permitting. CLIENT agrees to relieve and hold VENDOR harmless for all circumstances regarding weather-related location changes.
T. SAFE WORKING ENVIRONMENT
CLIENT understands and agrees that VENDOR maintains a safe work environment at all times and complies with all health and safety laws, directives, and rules and regulations. CLIENT understands and agrees that during the design and production services he/she and his/her agents shall not be exposed to severe illness, or request the VENDOR to do anything illegal or unsafe. Further, VENDOR will not provide services in any location or area deemed to be unsafe in its sole discretion, including, but not limited to, areas affected by communicable diseases, quarantined areas, or other similar occurrences. Under such occurrences, VENDOR reserves the right to terminate service coverage immediately and/or leave the design and production service studio. CLIENT agrees to relieve and hold VENDOR harmless as a result of incomplete design and production services, or for a lapse in the quality of VENDOR’s work, and CLIENT shall be responsible for payment in full.
U. CLIENT'S RESPONSIBILITY TO SECURE INSURANCE
CLIENT understands and agrees that it is his/her sole responsibility to research and acquire any and all travel, flight, shipping, and/or event insurance to protect themselves from unforeseen events, extreme weather, or extenuating circumstances beyond the Parties’ control. CLIENT agrees to relieve and hold VENDOR harmless for all such occurrences.
V. INDEMNIFICATION
CLIENTs shall indemnify, release, discharge and hold harmless VENDOR, its heirs, legal representatives, assigns, employees or any persons or corporations acting under permission or authority of the VENDOR against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including professional fees and attorneys’ fees, that are incurred by VENDOR or awarded against VENDOR in a final, non-appealable judgment, administrative proceeding, or any alternative dispute resolution proceeding, arising out of any third-party claim alleging:
(a) breach or non-fulfillment of any representation, warranty, or covenant under/representation or warranty in this Agreement;
(b) any negligent or more culpable act or omission of CLIENTs or their agents (including any reckless or willful misconduct) in connection with the performance of its obligations under this Agreement;
(c) any bodily injury, death of any person, or damage to real or tangible personal property caused by the negligent or more culpable acts or omissions of CLIENTs or their agents (including any reckless or willful misconduct); or
(d) any failure by CLIENTs to comply with any applicable federal, state, or local laws, regulations, or codes in the performance of its obligations under this Agreement.
W. CANCELLATION OF SERVICES BY VENDOR
In the event VENDOR determines, in its sole discretion, that it cannot or will not perform its obligations under this Agreement due to circumstances including, but not limited to, injury, illness, death of family member, pregnancy, military orders, religious obligations, or other personal emergencies, it will: Immediately give notice to CLIENT; 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 under this Agreement.
X. AIRBORN VIRUS / PANDEMIC / GOVERNMENT DIRECTIVE/ COVID CLAUSE
If CLIENT chooses to cancel wedding / event / services before design work has been started, VENDOR will keep the non-refundable retainer. A cancellation agreement will be sent for CLIENT to sign. VENDOR will refund the remaining invoice amount to CLIENT.
If CLIENT chooses to cancel wedding / event / services after design work has been started, VENDOR will keep the non-refundable retainer. CLIENT will be responsible for paying the full invoice amount. VENDOR will not issue a refund. If CLIENT chooses to postpone wedding / event / services after design work has been done, but before printing has occurred, VENDOR will keep the design on file with the understanding that the scope of artwork has been met, and any additional artwork will require an additional design fee to be paid by CLIENT. Text will be changed to reflect the updated date and venue details. No other changes will be made. If CLIENT lowers the quantity needed for final print, VENDOR will honor any remaining balance as a credit to be used toward day-of-stationery. VENDOR is not obligated to issue any refunds. If CLIENT chooses not to use VENDOR for day-of services, the credit will be forfeited and CLIENT will be responsible for paying 100% of the original invoiced amount. If CLIENT chooses to postpone wedding / event / services after the design has been sent to production, no refund will be issued and CLIENT is obligated to pay 100% of invoice. Invitation reprints with the updated event date will be offered to CLIENT at wholesale cost.
Y. SEVERANCE CLAUSE
In the situation where CLIENT and VENDOR no longer see eye-to-eye in regards to the project and cannot reach a cordial agreement about next steps, VENDOR reserves the right to cancel the Agreement and gracefully part ways with CLIENT. CLIENT will be responsible for finding a different stationer to complete CLIENT’s design needs. VENDOR reserves the right to keep all non-refundable retainers and may or may not charge CLIENT for additional work rendered after project was originally booked. In this instance, CLIENT will not be provided with any of the work created during the design process including, but not limited to, working files in Photoshop, Illustrator, InDesign, Procreate, etc.
Z. MISCELLANEOUS TERMS
This Agreement constitutes the complete and exclusive agreement between VENDOR and CLIENT concerning the work on this project, and it supersedes all other prior agreements, proposals, and representations, whether stated orally or in writing. This Agreement can be modified in writing, if both CLIENT and VENDOR sign off on the amendment. CLIENT agrees that VENDOR is an independent contractor and not CLIENT’s employee. Although CLIENT will provide general direction to VENDOR, VENDOR will determine, in their sole discretion, the manner and ways in which the design(s) are created for CLIENT. The work that VENDOR creates for CLIENT under this Agreement will not be deemed a “work-for-hire”, as that term is defined under U.S. Copyright Law. Whatever rights VENDOR grants to CLIENT are contained in this Agreement. By placing an order through VENDOR's Etsy shop, CLIENT and VENDOR agree to: (a) to all of the terms and conditions of this Agreement and (b) that they both have the full authority to enter into this Agreement. This Agreement is effective as of the date the CLIENT places an order with the VENDOR.
A1. SEVERABILITY/WAIVER
In the event a court of competent jurisdiction finds any of the provisions of this Agreement to be so over broad as to be unenforceable, such provisions may be reduced in scope by the court to the extent it deems necessary to render the provision reasonable and enforceable. If such provision cannot be so modified to be enforceable in any respect, such provision will not be given effect, and the remainder of this Agreement will be enforced as if such provision was not included. No failure or delay by CLIENT and VENDOR in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege under this Agreement.
B1. RESOLVING LEGAL DISPUTES IN A COURT OF LAW
The validity of this Agreement and any of its terms and provisions, as well as the rights and duties of the parties hereunder, shall be governed, interpreted and enforced in accordance with the laws of the State of Texas without regard to any principles of conflicts of laws. The federal and state courts in the State of Texas shall have exclusive jurisdiction to hear and determine any claims, disputes, actions or suits which may arise under or out of this Agreement. The parties agree and voluntarily consent to the personal jurisdiction and venue of such courts for such purposes. If a party institutes a legal action to enforce this Agreement, the prevailing party shall be entitled to reimbursement by the non-prevailing party for all costs and reasonable attorney’s fees incurred in that action. CLIENT agrees that the maximum amount of damages CLIENT may be entitled to relating to any claim under this Agreement shall not exceed the total amount of fees paid by CLIENT to VENDOR for the Services performed under this Agreement.
C1. FORCE MAJEURE
No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give notice within 3 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of 30 days following written notice given by it, the other party may thereafter terminate this Agreement upon written Notice. The retainer and all other payments made by CLIENTs up to the date of Notice of a Force Majeure Event are non-refundable. In the event this Agreement is terminated due to the impossibility of the Impacted Party to cure its performance obligations, such payments shall be credited to CLIENTs’ account and must be used within 12 months from the date of Notice of the Force Majeure Event as long as no items have been printed or produced.
D1. LIMITATION OF LIABILITY
No Consequential or Indirect Damages
In no event shall VENDOR be liable under this Agreement to CLIENT or any other third party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, relating to, or in connection with any breach of this Agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not CLIENT was advised of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.
Maximum Damages
Liability for a partial loss of services shall be prorated based on the percentage of total fee under this Agreement. The sole remedy for any actions or claims shall be limited to a refund, the maximum amount not to exceed the total monies paid by CLIENT under this Agreement.
Anyone using the code LOCALPICKUP to pickup an item(s) from me must first message me to ensure you are within the local pickup range. If you use the code but have not discussed a time and date for pickup, a follow up listing will be sent to you for you to pay for shipping. Otherwise, your order will be cancelled and will be relisted in the shop.
A. CONFIDENTIALITY CLAUSE
VENDOR will hold and maintain in confidence any confidential information that is provided by CLIENT (such as confidential information relating to guest addresses, wedding information, etc.), and will not disclose such information to any third party except as may be required by a court or governmental authority or as authorized by CLIENT.
B. PAYMENT
CLIENT agrees to pay the fees due at checkout, including all applicable taxes. CLIENT will pay the total sum in one payment, and will agree to adhere to the due dates for payments, or will otherwise forfeit the right to receive the completed work on time. For custom orders, $150.00 of the total invoice fee will be due as a down payment or retainer to secure CLIENT’s reserved spot with VENDOR. This $150.00 payment is considered a non-refundable retainer, and will not be returned to CLIENT on cancellation of the project for any reason. The remaining total of the invoice will be due once the final proof has been approved, and before any items are produced, printed, or shipped out to the CLIENT. Failure to pay the final invoice will result in the CLIENT's project being delayed or cancelled if payment is not made after the third payment reminder is sent. Payment will be made using a custom listing through Etsy. If final payment is not received, the Services rendered to the CLIENT will not begin production, regardless of signed contract, payments made, or estimated completion date. CLIENT agrees to pay VENDOR for any work that falls outside the original scope of work that is covered within this Agreement. If additional work is requested that extends outside the Agreement, CLIENT agrees to pay the quoted rate sent in addition to all other amounts owed under this Agreement. CLIENT also agrees that if additional work is requested, VENDOR will be granted extra time to complete the needed work. CLIENT agrees and understands that the remaining invoice total is subject to change during the design process based on whether CLIENT wishes to add or remove items from the scope of the project.
C. STYLE
CLIENT has spent a satisfactory amount of time reviewing VENDOR'S work and has a reasonable expectation that VENDOR will perform the Services in a similar manner and style unless otherwise specified in this Agreement. CLIENT understands and agrees that VENDOR has a unique vision for every client and grants VENDOR creative freedom to produce work based on agreed-upon inspiration. VENDOR will use artistic judgment, experiential knowledge and budgetary boundaries 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 the Services, VENDOR shall have final say regarding the aesthetic judgment and artistic quality of the Services. Dissatisfaction with VENDOR's aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or refund requests. If digital envelope printing envelope addresses is included in the Services to be rendered, CLIENT understands that the appearance of digital printed envelopes will vary from one address to the next. CLIENT understands that the appearance of each address will change depending on letter and word count. Please have this expectation set when ordering envelope addresses services. CLIENT understands that each envelope is a single work of art and should be appreciated as such.
D. HANDMADE INVITATIONS
Each invitation is a single work of art and must be appreciated as such. Note that due to the fact that each piece is handmade, no two invitations will look exactly the same. This includes but is not limited to ribbon style, ribbon length, print colors, adhesives, cuts, folds, etc. Difference in style are not valid reasons for termination of this Agreement or request of any monies returned. It is important to note that the CLIENT's actual invitation may not look exactly as a sample that may have been ordered and received before due to a number of factors including but not limited to paper style, ribbon style, or the artistic interpretation of the Vendor.
E. DESIGN ROUNDS & REVISIONS
VENDOR agrees to complete and send each design round to CLIENT electronically within two business days of CLIENT providing feedback on the previous design round, unless agreed upon or stated otherwise. CLIENT is allowed up to three revision periods to tweak small nuances of the design. Revisions include: color, subtle font changes that are typography based, and sizing of certain elements. Each revision requested by the CLIENT after all three revisions have been used will incur a $35.00 fee. A revision does NOT include: handwritten script that has already been digitized or hand drawn/painted/custom-created elements that were made specifically for the design. Additional fees may apply if these elements are required to be re-done or created again for any reason. A REVISION IS NOT A REDESIGN. A complete redesign or new custom artwork may require additional design fees based on the scope of the project. Artwork revisions are limited to color changes, minor details or placement within the design. Please note that new artwork added after the initial proof will require additional design fees. VENDOR will notify CLIENT if revisions are outside the scope of the project.
F. FEEDBACK
CLIENT understands that VENDOR cannot send the final items to CLIENT unless timely feedback and approval of proofs and/or a finalized design is received. CLIENT agrees to provide timely feedback within 2 days of receiving each design round so that VENDOR can understand CLIENT’s concerns, objections, or corrections that need to be made to the design(s). CLIENT understands that if feedback is returned to VENDOR after more than 4 days of receiving a design round, the project might be subject to a delay, which could result in rush fees for CLIENT or cancellation of the project if it can no longer be done within the timeframe needed to complete the project before the event date. VENDOR agrees to make changes to the design(s) in response to the feedback provided during the revision period, in accordance with the guidelines laid out in the “Design Round and Revisions” section of this Agreement. CLIENT promises not to unreasonably withhold approval of design(s). Final say for any feedback must come from CLIENT directly through Etsy messenger or email. All forms of communication must be in written form. Phone calls will NOT be an acceptable form of communication for any projects done through Etsy. Changes that are submitted via text, phone call, DM, or any other communication funnel other than Etsy messenger or email for a design round are subject to get lost and cannot be the responsibility of VENDOR. Changes will only be made if they are submitted via written form through Etsy messenger or email. Unless specified at the beginning of the process, VENDOR reserves the right to refuse feedback from anyone that is not CLIENT, such as a relative, family friend, wedding planner, etc. If CLIENT intends on looping his/her wedding planner into the design process, this must be disclosed to VENDOR before the design process begins.
G. FINAL PROOF FOR PROJECT
Due to the nature of the design process for personal event stationery, there may be names or places that are not familiar to VENDOR. VENDOR will provide CLIENT with a Final Proof, hereby referred to as “Final Proof”, for CLIENT to review all included design pieces for spelling errors, grammar errors, or other errors that need to be corrected. CLIENT will then provide CLIENT’s consent for moving forward with printing by signing off on the Final Proof via digital acceptance. Once approval for the Final Proof is received, CLIENT consents to give VENDOR full permission to print all pieces as they appear on the Final Proof. No further changes can be made and VENDOR will not be held responsible for any errors found after CLIENT grants approval. VENDOR cannot be held responsible for designs that were approved by CLIENT and then printed with an error that CLIENT did not see. Any reprinting costs will be the responsibility of CLIENT. If CLIENT does need changes to be made after the Final Proof is approved, it will be regarded as a new order and fees will be applied on a case by case basis.
H. PRINTING & PRODUCTION DISCLOSURE
Per professional preference, budget and design aesthetic, VENDOR will help CLIENT decide what paper should be used for printing for custom orders. Semi-custom orders will include whatever paper is listed in the individual listing. The required size for each piece will be verified by CLIENT within the final proof for custom work, and at the beginning of the design process, and the final quantity will be finalized, printed, and then shipped/delivered to CLIENT. Semi-custom work will not review paper sizes or final quantity amount. VENDOR recommends ordering an additional 10% of printed pieces to account for any additional guests that may be added to the guest list or any keepsakes that family members may want. VENDOR cannot be held responsible for materials that are out of stock, backordered or discontinued, as these situations are out of VENDOR’s control. Should this situation arise, a suitable alternative will be suggested. Additional fees may occur if alternative material is not of equal value. All digital screens are all calibrated differently, and the colors showcased in digital mockups or proofs may vary slightly when printed. With specialty printing such as letterpress and foil printing, minor variations are to be expected. VENDOR is solely responsible for printing and producing the work for CLIENT, and will not release any editable files to CLIENT such as Photoshop files, Illustrator files, InDesign Files, Procreate files, etc.
I. ASSEMBLY AND LASER CUT PROCESS
Invitations arrive separately from the envelopes. Assembly does not include stuffing invitations into the envelopes unless otherwise noted. The laser cut process involves cutting paper using a laser. This means that paper can be burned at the edges where it is cut. Burning marks can appear as brown marks around the laser cut and are considered part of the process of laser cutting. This is not considered a mistake or a defect in the laser cut folder and is to be expected, especially on lighter colored laser cuts. The VENDOR has no control over which laser cuts receive slight burn marks and which do not. CLIENT understands that each laser cut folder is a single work of art and should be appreciated as such.
J. CHANGE OF SCOPE
If materials are changed and/or additional pieces are added to the order, this indicates a change of scope for the project. VENDOR will present CLIENT with new invoice totals as soon as they are available. These changes must be made within the included rounds of approvals and before the Final Proof. Quantity changes after the Final Proof will result in a $100.00 restocking fee, along with the cost of the new materials. There are times when agreed upon materials are discontinued or out of stock when VENDOR goes to order CLIENT's materials. In the event this happens, VENDOR will provide a suitable alternative within the same price range as the original materials. In the event CLIENT chooses something out of the price range, CLIENT is responsible to paying the difference between the two costs.
K. REORDER POLICY
In the event CLIENT needs additional pieces to be printed outside the agreed upon quantity after materials have been ordered and delivered to CLIENT, a minimum order quantity of 50 will be required, and a restocking fee of $150.00 will apply. VENDOR will provide invoice and include shipping costs. VENDOR is not responsible for suite assembly. Embellishment items including, but not limited to, postage, wax seals and ribbon cannot be reordered.
L. EXTENDED USE AND COPYRIGHT OWNERSHIP
All proofs and design elements are the intellectual property of VENDOR. Proposals, quotes, and proofs may not be shared, copied, or imitated with or by any person. Exceptions are made only for parties directly involved with CLIENT's wedding, i.e. wedding planner, parents, significant other. As all custom designs created by VENDOR are owned by VENDOR. The custom designs cannot be printed by the bride, groom, parents of the couple, or any third party other than VENDOR. This includes crests, stationery artwork, motifs, patterns, illustrations, design elements and calligraphy. An exception will be made if VENDOR sells an extended license of the artwork to CLIENT. Extended licenses are $300.00 per design, per outside use. CLIENT understands that any unauthorized use of design elements will result in an invoice from VENDOR for the applicable licensing fees accrued, which must be paid in 10 business days to avoid VENDOR referring the unpaid amount to collections. CLIENT is responsible for any fees from unauthorized artwork usage. Please note that VENDOR utilizes the professional printing and production companies, which will allow CLIENT's designs to be created in a professional and quality manner, so it is recommended to order any and all corresponding pieces through VENDOR.
VENDOR owns all copyrights in any and all work(s) created or produced 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. CLIENT acknowledges that VENDOR has the right to also use images, design elements, calligraphy, etc. from any portion of the work for portfolio or marketing purposes. CLIENT may request that VENDOR delay posting photos or imagery publicly until after the event date. VENDOR represents that VENDOR owns the rights to the designs that are created for CLIENT under this Agreement, or has secured such rights to any third-party content incorporated into the final design(s); and that VENDOR’s work does not violate the patent, copyright, trade secret or other property right of any person, firm or entity. CLIENT promises that: (a) CLIENT owns the rights to use any design elements CLIENT gives VENDOR (“CLIENT Content”); and (b) using such CLIENT Content does not violate the patent, copyright, trade secret or other property right of any person, firm or entity. CLIENT promises to grant VENDOR a nonexclusive, non-transferable license to use, reproduce, modify, display and publish CLIENT Content solely in connection with VENDOR’s work for CLIENT under this Agreement. CLIENT also affirms and represents that this Agreement does not conflict with any other contract, agreement or understanding to which CLIENT is a party.
M. SHIPPING
If applicable to the project, VENDOR will provide Tracking and Shipping information to CLIENT once the designs have been printed, packaged, and shipped. Once the item is shipped to CLIENT, VENDOR cannot be held responsible for damages, loss, or other shipping circumstances. VENDOR is unable to provide tracking updates beyond the information that third party mail carriers release. VENDOR shall ship Services to CLIENT to the address the CLIENT provides at time of checkout. All shipping costs will be totaled into the Final Invoice. All shipping and postage will be assumed by the CLIENT. Unless otherwise requested by the CLIENT, all packages will be shipped via USPS Priority Mail, and delivery may require a signature based on the total price of the package. The VENDOR is not responsible for items arriving late and/or damaged while in transit and shipping costs will only be refunded if a claim is filed and the shipping company accepts and pays out. The VENDOR does ship internationally. Unless otherwise requested by the CLIENT, all packages will be shipped via USPS Priority Mail, and delivery may require a signature based on the total price of the package. International charges will be based on current charges on usps.com, plus the cost of shipping supplies. Please note that international packages will go through customs and can be retained for a short to a long time. The VENDOR will not be responsible for the time the package is retained in customs. The CLIENT is solely responsible for duties and taxes payments at the time of delivery. Mailing single invitations occasionally incur additional postage because of their weight, or due to the shape of the finished piece. The VENDOR is not responsible for overcharge in postage, or for invitations or stationery that is lost in the mail or is destroyed through the mailing process. It is the CLIENT's responsibility to check pricing with your post office at the time of purchase. It is also the CLIENT's responsibility to collect for pickup, or arrange for your items to be picked up or dropped off with the shipping carrier. The VENDOR carries no responsibility once the package is with the shipping carrier and will charge accordingly if the package is returned to the VENDOR for whatever reason.
N. RUSH FEES AND EXPEDITED SHIPPING
Custom artwork requires concept creation, sketching, painting, proofing, printing, assembly and shipping. Failure to comply with suggested timelines and due dates may affect the delivery of and fees for the Service provided. To ensure delivery for CLIENT’s event, an additional rush fee of 20% of the total invoice will be applied if information and/or CLIENT Content is not received in a timely manner. VENDOR will outline all dates and timelines for information needed and will remind CLIENT if additional information is needed. VENDOR is not responsible for CLIENT's delay in response. Expedited shipping charges will be billed on the final invoice if incurred. CLIENT will be notified of any additional costs before billing. Expedited shipping will only be used if CLIENT asks for such shipping. Otherwise, all orders will be shipped using USPS Priority Mail. Items will be rushed if the CLIENT needs them within a 4 week turnaround time from the date that the final approval has been given and the final invoice has been paid to the VENDOR. Rush orders are not always available. It is the CLIENT's responsibility to check with VENDOR on rush availability prior to placing an order.
O. USPS DIRECT MAILING DISCLOSURE
In the event that VENDOR is hired by CLIENT to mail the guest invitations for the guest through the USPS Postal Service, CLIENT agrees and understands that VENDOR cannot be held responsible for any mailed items that are damaged by USPS, as they are an independent third party. VENDOR also cannot be held responsible for any invitations that are marked "return to sender" by the USPS Postal Service. The USPS reads envelopes electronically. If handwritten calligraphy or script font is used for the envelopes, some addresses or styles will be more or less difficult to read when sorted through USPS machines. This includes using colored ink other than black. Any address that cannot be read by the machine will likely be hand-inspected. If the address still cannot be delivered, it will be returned to the return address on the mailed stationery. VENDOR is not responsible for resending, reprinting or reimbursing for invitations or addresses that do not make it to their intended address. As with any mass mailing, it is expected that 1-3% of the mailed pieces may be marked undeliverable. CLIENT is responsible for checking CLIENT’s address list to minimize this possibility. CLIENT may wish to order extra pieces for this reason. CLIENT understands it can take USPS anywhere from a day to 3 weeks or more to deliver a piece of mail, and it is out of VENDOR’s control.
P. RETURNS, CANCELLATION AND/OR NON-RESPONSIVE CLIENTS
If CLIENT desires to cancel Services, reschedule Services, or if it becomes impossible for VENDOR to render Services due to the fault of CLIENT or parties related to CLIENT, such as failure of the event to occur or failure to get information or CLIENT Content needed in a timely manner, CLIENT shall provide notice to VENDOR as soon as possible. VENDOR has no obligation to attempt to re-book further Services to fill the void created by CLIENT’s cancellation, rescheduling, or no-show if it becomes impossible for VENDOR to provide the Services due to the fault of CLIENT (or parties related to CLIENT). VENDOR will not be obligated to refund any payments CLIENT has previously paid towards the total cost. CLIENT is not relieved of any payment obligations for cancelled Services, rescheduled Services, failing to communicate, or should it become impossible for VENDOR to provide the Services due to the fault of CLIENT (or parties related to CLIENT) unless both CLIENT and VENDOR otherwise agree in writing. If there is a need for the CLIENT to cancel the order, please contact the VENDOR right away. If CLIENT's final approval has not been received and the CLIENT's project has not gone into production, the CLIENT is responsible for their retainer, or $150.00 design fee, whichever is greater, and any materials that have been purchased. If the CLIENT's project has gone into the production process, the CLIENT is responsible for the entire amount as stated on the final invoice. Because of the personalization of custom and semi-custom stationery, orders are non-refundable, without exception. The CLIENT has 24 hours after the day of delivery to contact the VENDOR about any issues with the order. If the CLIENT has a problem with the order and has not reached out to the VENDOR within 24 hours of receiving the order, the order is considered acceptable. If there is something the VENDOR feels is technically defective with the CLIENT's order, the defective item (invitation, laser cut folder, envelope, etc.) must be sent back to the VENDOR at the CLIENT's expense before the VENDOR will send the CLIENT a replacement item. Items may not be cancelled and/or refunded once the final invoice has been paid and the invitations have gone into production. If after three attempts have been made to contact the CLIENT regarding a proof approval/revision, or payment, and the CLIENT has not responded, the VENDOR has the right to cancel the Agreement and is no longer under obligation to the CLIENT to perform services as laid out in this Agreement. If CLIENT does not respond to Etsy messages, and/or emails in a timely manner, VENDOR has the right to cancel the project.
Q. CANCELLATION
If for any reason CLIENT cancels this Agreement within 10 business days after the order has been placed, if a design proof has been made, VENDOR will keep a $150.00 design fee, but CLIENT will not be responsible for any remainder due. Cancellation must be made in writing, signed by the contracted party, and sent via email to krobles@pixelperfectinvites.com. Confirmation of receipt of notification email by VENDOR must be obtained. If CLIENT fails to supply written cancellation as specified before the final invoice payment due date or cancels within 2 days after the final invoice has been paid, CLIENT shall be required to pay the full balance due.
R. RESCHEDULING
If for any reason CLIENT reschedules their design and production services more than 5 days before the final invoice due date, and VENDOR is able to rebook the original design and production services date for the full fee under this Agreement or any amount above that fee. CLIENT will be responsible for paying any fees involved in reprinting, design, and shipping products that have already been assembled, printed, or designed. Rescheduling notification must be made in writing, signed by the CLIENT, and sent via email to krobles@pixelperfectinvites.com. Confirmation of receipt of notification email by VENDOR must be obtained. Retainer credit may be applied to VENDOR’s services within one year (12 months) of original date, provided VENDOR is available. In the event VENDOR is not able to rebook the original design and production service date under this Agreement, CLIENT forfeits the retainer in full. If the invoice has already been paid in full and the project is already in production, the CLIENT will be sent the original designs and items that were purchased. No monies will be refunded for services or products. If CLIENT fails to supply written rescheduling notification 5 days before the final invoice due date, CLIENT shall be required to pay the full balance due. If for any reason CLIENT reschedules the design services and production, CLIENT forfeits the retainer and must book VENDOR’s services under a new contract and will be subject to VENDOR’s current pricing at that time. The retainer is “non-refundable and non-transferable”.
S. INCLEMENT WEATHER
CLIENT understands and agrees that VENDOR will continue all service coverage under any and all weather conditions. The only exceptions to this are (1) dangerous weather conditions that prevent the VENDOR, CLIENT, and CLIENT’s agents from safely entering a location or area, such as, but not limited to, avalanches, mudslides, rockslides, wildfires, hurricanes, monsoons, tornadoes, etc., (2) other location or area closures due to forces outside the control of the parties, or (3) locations or areas deemed unsafe under the sole discretion of VENDOR. In the event of such occurrence, VENDOR with work with CLIENT to find another mutually agreeable location for the invitation design services and production on the same date. CLIENT understands and agrees that some alternate locations are impossible to provide service coverage at due to limitations and timelines surrounding licensing and permitting. CLIENT agrees to relieve and hold VENDOR harmless for all circumstances regarding weather-related location changes.
T. SAFE WORKING ENVIRONMENT
CLIENT understands and agrees that VENDOR maintains a safe work environment at all times and complies with all health and safety laws, directives, and rules and regulations. CLIENT understands and agrees that during the design and production services he/she and his/her agents shall not be exposed to severe illness, or request the VENDOR to do anything illegal or unsafe. Further, VENDOR will not provide services in any location or area deemed to be unsafe in its sole discretion, including, but not limited to, areas affected by communicable diseases, quarantined areas, or other similar occurrences. Under such occurrences, VENDOR reserves the right to terminate service coverage immediately and/or leave the design and production service studio. CLIENT agrees to relieve and hold VENDOR harmless as a result of incomplete design and production services, or for a lapse in the quality of VENDOR’s work, and CLIENT shall be responsible for payment in full.
U. CLIENT'S RESPONSIBILITY TO SECURE INSURANCE
CLIENT understands and agrees that it is his/her sole responsibility to research and acquire any and all travel, flight, shipping, and/or event insurance to protect themselves from unforeseen events, extreme weather, or extenuating circumstances beyond the Parties’ control. CLIENT agrees to relieve and hold VENDOR harmless for all such occurrences.
V. INDEMNIFICATION
CLIENTs shall indemnify, release, discharge and hold harmless VENDOR, its heirs, legal representatives, assigns, employees or any persons or corporations acting under permission or authority of the VENDOR against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including professional fees and attorneys’ fees, that are incurred by VENDOR or awarded against VENDOR in a final, non-appealable judgment, administrative proceeding, or any alternative dispute resolution proceeding, arising out of any third-party claim alleging:
(a) breach or non-fulfillment of any representation, warranty, or covenant under/representation or warranty in this Agreement;
(b) any negligent or more culpable act or omission of CLIENTs or their agents (including any reckless or willful misconduct) in connection with the performance of its obligations under this Agreement;
(c) any bodily injury, death of any person, or damage to real or tangible personal property caused by the negligent or more culpable acts or omissions of CLIENTs or their agents (including any reckless or willful misconduct); or
(d) any failure by CLIENTs to comply with any applicable federal, state, or local laws, regulations, or codes in the performance of its obligations under this Agreement.
W. CANCELLATION OF SERVICES BY VENDOR
In the event VENDOR determines, in its sole discretion, that it cannot or will not perform its obligations under this Agreement due to circumstances including, but not limited to, injury, illness, death of family member, pregnancy, military orders, religious obligations, or other personal emergencies, it will: Immediately give notice to CLIENT; 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 under this Agreement.
X. AIRBORN VIRUS / PANDEMIC / GOVERNMENT DIRECTIVE/ COVID CLAUSE
If CLIENT chooses to cancel wedding / event / services before design work has been started, VENDOR will keep the non-refundable retainer. A cancellation agreement will be sent for CLIENT to sign. VENDOR will refund the remaining invoice amount to CLIENT.
If CLIENT chooses to cancel wedding / event / services after design work has been started, VENDOR will keep the non-refundable retainer. CLIENT will be responsible for paying the full invoice amount. VENDOR will not issue a refund. If CLIENT chooses to postpone wedding / event / services after design work has been done, but before printing has occurred, VENDOR will keep the design on file with the understanding that the scope of artwork has been met, and any additional artwork will require an additional design fee to be paid by CLIENT. Text will be changed to reflect the updated date and venue details. No other changes will be made. If CLIENT lowers the quantity needed for final print, VENDOR will honor any remaining balance as a credit to be used toward day-of-stationery. VENDOR is not obligated to issue any refunds. If CLIENT chooses not to use VENDOR for day-of services, the credit will be forfeited and CLIENT will be responsible for paying 100% of the original invoiced amount. If CLIENT chooses to postpone wedding / event / services after the design has been sent to production, no refund will be issued and CLIENT is obligated to pay 100% of invoice. Invitation reprints with the updated event date will be offered to CLIENT at wholesale cost.
Y. SEVERANCE CLAUSE
In the situation where CLIENT and VENDOR no longer see eye-to-eye in regards to the project and cannot reach a cordial agreement about next steps, VENDOR reserves the right to cancel the Agreement and gracefully part ways with CLIENT. CLIENT will be responsible for finding a different stationer to complete CLIENT’s design needs. VENDOR reserves the right to keep all non-refundable retainers and may or may not charge CLIENT for additional work rendered after project was originally booked. In this instance, CLIENT will not be provided with any of the work created during the design process including, but not limited to, working files in Photoshop, Illustrator, InDesign, Procreate, etc.
Z. MISCELLANEOUS TERMS
This Agreement constitutes the complete and exclusive agreement between VENDOR and CLIENT concerning the work on this project, and it supersedes all other prior agreements, proposals, and representations, whether stated orally or in writing. This Agreement can be modified in writing, if both CLIENT and VENDOR sign off on the amendment. CLIENT agrees that VENDOR is an independent contractor and not CLIENT’s employee. Although CLIENT will provide general direction to VENDOR, VENDOR will determine, in their sole discretion, the manner and ways in which the design(s) are created for CLIENT. The work that VENDOR creates for CLIENT under this Agreement will not be deemed a “work-for-hire”, as that term is defined under U.S. Copyright Law. Whatever rights VENDOR grants to CLIENT are contained in this Agreement. By placing an order through VENDOR's Etsy shop, CLIENT and VENDOR agree to: (a) to all of the terms and conditions of this Agreement and (b) that they both have the full authority to enter into this Agreement. This Agreement is effective as of the date the CLIENT places an order with the VENDOR.
A1. SEVERABILITY/WAIVER
In the event a court of competent jurisdiction finds any of the provisions of this Agreement to be so over broad as to be unenforceable, such provisions may be reduced in scope by the court to the extent it deems necessary to render the provision reasonable and enforceable. If such provision cannot be so modified to be enforceable in any respect, such provision will not be given effect, and the remainder of this Agreement will be enforced as if such provision was not included. No failure or delay by CLIENT and VENDOR in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege under this Agreement.
B1. RESOLVING LEGAL DISPUTES IN A COURT OF LAW
The validity of this Agreement and any of its terms and provisions, as well as the rights and duties of the parties hereunder, shall be governed, interpreted and enforced in accordance with the laws of the State of Texas without regard to any principles of conflicts of laws. The federal and state courts in the State of Texas shall have exclusive jurisdiction to hear and determine any claims, disputes, actions or suits which may arise under or out of this Agreement. The parties agree and voluntarily consent to the personal jurisdiction and venue of such courts for such purposes. If a party institutes a legal action to enforce this Agreement, the prevailing party shall be entitled to reimbursement by the non-prevailing party for all costs and reasonable attorney’s fees incurred in that action. CLIENT agrees that the maximum amount of damages CLIENT may be entitled to relating to any claim under this Agreement shall not exceed the total amount of fees paid by CLIENT to VENDOR for the Services performed under this Agreement.
C1. FORCE MAJEURE
No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give notice within 3 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of 30 days following written notice given by it, the other party may thereafter terminate this Agreement upon written Notice. The retainer and all other payments made by CLIENTs up to the date of Notice of a Force Majeure Event are non-refundable. In the event this Agreement is terminated due to the impossibility of the Impacted Party to cure its performance obligations, such payments shall be credited to CLIENTs’ account and must be used within 12 months from the date of Notice of the Force Majeure Event as long as no items have been printed or produced.
D1. LIMITATION OF LIABILITY
No Consequential or Indirect Damages
In no event shall VENDOR be liable under this Agreement to CLIENT or any other third party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, relating to, or in connection with any breach of this Agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not CLIENT was advised of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.
Maximum Damages
Liability for a partial loss of services shall be prorated based on the percentage of total fee under this Agreement. The sole remedy for any actions or claims shall be limited to a refund, the maximum amount not to exceed the total monies paid by CLIENT under this Agreement.