Print Policies & Customer Agreement

Terms

Location and Delivery of Services

Location. Services to Client are available for free pickup in Wichita, KS. Unless specified on a sub-agreement according to an approved quote including delivery and mailing services and fees.

Shipping Fees. Vendor offers a $5 flat shipping fee for samples/proofs and $15 flat shipping fee on all orders below $500. However, if Client’s product is needed quickly, the entirety of shipping cost will be reflected on the final invoice.

Delivery of Services. The estimated completion date for the Design will be sent to the Client after the Designer receives this agreement, along with a timeline of ideal production, delivery, and mailing dates for each of the items produced. Any delay in the completion of the Designs due to actions of Client, including delays in communicating with Designer, failure to provide copy/wording, approval or other input regarding the Designs; unusual transportation/shipping delays; unforeseen emergency of Designer; or external forces beyond the control of the Designer, shall entitle Designer to a reasonable extension of the completion/delivery date, upon notification to Client, for the amount of time necessary to remedy the delay.

Insurance is required on all orders exceeding $100. Designer shall not be responsible in any way for any packages left outside or with third parties other than Client, and there will be no refunds for packages purportedly missing or stolen.

Cost, Fees, and Payment

Payment. Client shall pay the total cost to Vendor upon agreement, and before beginning production.

Payment may be made via check, cash or credit/debit card. Checks shall be made payable to Emilee Stucky and mailed to: 6352 N Upchurch Ave, Park City, KS 67219. Returned checks shall incur a fee of forty dollars ($40.00), and all subsequent payments must be made via cash, cashier’s check or money order.

The fee. the fee (herein the “fee”) for the services are specified in the design specifications addendum at the time of the execution of this agreement. The fee for the services may increase or decrease depending on changes made to elements of the designs, including, but not limited to, the overall design scheme, papers and finishings chosen, other material costs and printing methods, with all changes subject to the provisions below herein and cancellations subject to the provisions below herein. The client shall be informed of the final fee prior to the printing of the designs if the fee has changed from the amount specified above. The prices set forth in previous conversations and invoice are valid for fourteen (14) days after presentation to the client, and represent designer’s good-faith estimate of costs included in the fee. Designer shall promptly inform the client if any variations in costs or outside expenses are anticipated.

Additional costs. Any and all outside costs including, but not limited to finishing work such as die cutting and edge painting, will be billed to the client unless already specifically provided for in the design specifications addendum. Estimates for additional costs will be provided to the client for approval.

Taxes. The designs may be subject to sales tax depending on the residence of the client.

Rush charges. The fee for designer’s services is based on normal and reasonable design and production schedules; knowledge of client’s deadline(s) is essential to provide an accurate estimate of the fee. In certain circumstances, “rush” requests may be taken into consideration. Services required to meet client’s rush schedule shall be billed at a rate of $75 dollars ($75.00) per hour. To the extent possible, the designer will advise the client in advance of any required rush charges to meet the client’s requested completion date.

Production Process

Proof Process. Once the artwork is provided, the Designer is to provide a digital proof of the expected printed result. Two (2) rounds of proofs are included in your pricing; any additionals will be added to your invoice for $50 per proof.

Proofs (“Proofs”) shall be in electronic format through your client portal/email, and it is suggested that Client print all Proofs in order to review them for providing feedback to Designer.

Client agrees to review all Proofs within the time identified for such reviews and to promptly either, (a) approve the Proofs, or (b) provide written comments and/or corrections to sufficiently identify Client’s concerns, objections or corrections to Designer. Client acknowledges and agrees that Designer’s ability to meet any and all schedules is entirely dependent upon Client’s prompt performance of his/her obligations.

Client is SOLELY RESPONSIBLE for proofreading responsibilities. Proofs will be provided to Client throughout the design process, and it is Client’s responsibility to perform a check for accuracy of each Proof with respect to all information, including but not limited to, names, dates, times, locations, and spelling. If Client finds such errors in the final printed Designs, Client shall be responsible for the design labor, reprinting, and materials costs and fees necessary to remedy the error.

A final digital Proof of the Designs will be sent to Client via email for approval prior to printing. Client must thoroughly review the final Proofs, and submit to the Designer written and electronically signed approval to print (“Final Approval”).

Print Production Process. Upon Final approval of designs, and completion of payment. Designer will confirm quantity has not changed, and request any additional information if needed to place an order for materials and begin production.

Cancellation

In the event of cancellation by Client of Designer’s Services and production of the Designs, the following shall apply:
– If Designs have already been sent to print at the time of cancellation, no monies will be refunded to Client.
– Payment of any outstanding portion of the Fee due at the time of cancellation shall be made within ten (10) days of the Client’s notification of cancellation.
– There shall be no cancellations or returns of any printed Designs.
– If Client determines that the printing or final product is unsatisfactory for any of the Designs, Designer will discuss options to reprint the Designs or provide alternative materials or options at the expense of Client.

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:

  1. A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or

  2. War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or

  3. 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. Should Designer become materially or physically incapacitated, such as due to injury, severe illness, pregnancy or unexpected circumstances prohibiting them from performing the Services under this Agreement for any reason, Designer shall be entitled to provide Client with a substitute stationery designer of reasonably similar experience. In the unlikely scenario that such a situation does occur and a suitable replacement is not found by Designer, or should Client reject the proposed replacement, Client agrees that the maximum remedy shall be a prorated portion of the Fee paid by Client prior to the date of the occurrence of incapacitation, based upon the extent of the Services performed prior to incapacitation.

Intellectual Property

Copyright Ownership. Unless purchased by the Client, the 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 the Vendor who creates the materials and may be used by the Client in the reasonable course of fulfilling this specific Agreement going forward. Client may ship, display, and enjoy the work(s) Vendor creates for Client, but Client may not under any circumstances misuse, alter, or sell all or part of these work(s). For example, Client may not hire Vendor to create wedding invitation suites and use any of the artwork on the suite on additional artwork or stationery, such as Save the Dates, programs, menus, sandwich boards, seating charts, favors, or other work(s) without the knowledge or permission of Vendor. If Vendor’s work is misappropriated, Client understands and accepts that Client will be invoiced for these additional work(s).

Permitted Uses of Product(s). Vendor grants to Client a non-exclusive license of product(s) produced with and for Client's use in which they were intended and agreed upon and for personal use in 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:

  1. In photos on Client’s personal social media pages or profiles; or

  2. In personal creations, such as a scrapbook or personal gift; or

  3. In personal communications, such as a family newsletter or email or holiday card.

Client or any third party are not permitted to use Vendor's designs (digital or written), unless agreed upon here or in another contract. Remember, Emilee offers and provides custom designs, calligraphy, artwork, and printing. The perk of working with Emilime Designs is being able to carry the consistency of our fonts and designs through any other projects we produce. In some instances, Emilee will offer a limited-use contract for a specific use of a design, but we maintain the right to decline the use of such work for any reason. Emilee offers digital, hand-painted artistry, signage, and more. Please see her website (www.emilimedesigns.com) for further scope of work.
Exclusivity: Client understands and agrees s/he has hired Vendor exclusive of any other stationery & calligraphy provider, and no other stationers or calligraphers, other than any assistant or third party that Vendor has hired to complete the Services outlined herein, are permitted to provide the same Services, paid or unpaid, unless prior permission is granted by Vendor. Vendor will not be responsible for any third party fees, unless Third Party is directly and specifically hired by Vendor.
Confidentiality: Client promises to hold and maintain in strict confidence any confidential information that Vendor provides (such as proprietary technical information or business information, which includes but is not limited to pricing quotes, materials used or their sources, fonts, design processes, etc.) and Client will not disclose such information to any third party except as may be required by a court or governmental authority.

Artistic Release

Style. Client has spent a satisfactory amount of time reviewing Vendor’s work or past client reviews and has a reasonable expectation that Verndor’s Services will produce a reasonably similar outcome and result for Client.

Consistency. Vendor will use reasonable efforts to ensure Client's desired Services 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:

  1. Every client and wedding is different, with different tastes, budgets, and needs;

  2. Calligraphy + Design services are often a subjective art and Vendor has a unique vision, with an ever-evolving style and technique;

  3. Vendor will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions;

  4. 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, materials used, and artistic quality of the Services;

  5. Dissatisfaction with Vendor's aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.

Calligraphy. The nature of hand addressed envelopes will vary from that of printed addresses. Each address will vary depending on the letters, length or names, street names, city and state length and will visually appear different from one another when compared. Addresses with 4 to 5 lines of text will look different from those with fewer. Please have this expectation set when ordering calligraphy. Each envelope is a single work of art and must be appreciated as such.
Design + Assembly. The design and assembly process can take 3-12 weeks from start to finish depending on the project. Please allow ample time to complete project. Taking proofing and assembly time into consideration, delay in approving proofs will result in delay of your order.
Proofing. Custom designs include unlimited rounds of proofing. Collection pieces are accompanied with 2 rounds of proofing. Please note, the more rounds or proofing, the completion date will be pushed back. If proofs or information are not turned around in a timely fashion, your workflow may be subject to interruption by other standing projects. If at any time, the project changes to an extent that 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. It is extremely important to thoroughly check proofs for correct times, dates and spelling of all words, including names and places, in addition to design elements. Once final approval for the Final Proof is received, you are giving Vendor the permission to print all pieces as they appear on Final Poof.  Once approved, no changes can be made and Vendor will not be held responsible for any errors found after your approval.

Posting/US Postal Service. Vendor is not responsible for any damages or loss as a result of transportation and/or shipping of the Client’s stationery. It is Client’s responsibility to:
• provide proper shipping details, including the address where final product(s) will be sent; and 
• provide or request insurance on Vendor’s shipment(s) to Client; and
• request any expedited shipping means and the associated fees; and
• provide anything else not listed in this section that Client desires; and
• pay for any of these additional services and shipping options in this Shipping Indemnification section.

Mailing. The post office reads envelopes electronically. Due to the nature of calligraphy, some addresses or calligraphy styles will be more or less difficult to tread when put through the USPS, as in the nature of any handwritten address. Any address that can not be read by machine will most likely be hand inspected. If the address still can not be delivered, it will be returned to the address of the return. 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, you are likely to have 1-3% of your pieces be undeliverable. Please check your address list carefully to ensure all your address are correct to minimize this effect. If Vendor is NOT supplying Client's invitations, you may wish to order an additional 10% of your pieces to ensure additional pieces are available if needed for remaining. In some instances, Hand Canceling with the Post Office may be available for postal delivery; however, this does not guarantee that the piece will not go through the Postal Machines. If Vendor is addressing and posting your pieces, Vendor guarantees that each address Client provides goes into the mail. Any mail not received by its intended recipient is not under the liability of Vendor. If any pieces need to be re-mailed, you may either mail the piece yourself from the excess mailed back to you upon completion of the project, or pay Vendor to bring, address and re-mail the additional pieces. Any written address errors by the Vendor will be replaced at Vendor's expense. 
**Emilee will do her best with her knowledge and expertise to help make sure your envelopes make it to their destination as beautifully and safely as possible, including taking an assembled suite to be weighed and checked before final production. However, the USPS is often inconsistent from location to location and from to postmaster to postmaster. For your reassurance, before the Client mails pieces, Emilee recommends the Client also visit their local Post Office with your completed suite and check postage amount and mailability. 

Address List. Please see Vendors specification on prepping your address list. Addresses will be written exactly as they appear on provided list from Client. Vendor will not make etiquette or spelling corrections. If Vendor has to prepare or edit lists for due to Client's fairly to proof or format the document as requested, a $125 fee will be added onto your final invoice. Please deliver the address list in a Microsoft Word or Excel document.

Product

Nature of product. Custom paper goods are made by hand, which may result in slight variations. These variations include, but are not limited to, paper dimensions, ink color, embellishments. Emilime Designs strives to accurately display our product, however, depending on your monitor settings, web browser, etc., printed and final product may slightly vary. Designs printed via letterpress may have variations in color, registration, and depth of impression due to the nature of antique letterpress printers. Designs printed via digital machines may have variations in placement which include but are not limited to; the center of the page and the slope of the design or type. Any such variations shall not be considered an error and will not warrant replacement or a refund.

Inspection by Client. Client shall be responsible for thoroughly inspecting all final Designs in their printed/assembled form upon pickup from Designer or receipt of shipment, and must inform Designer of any issues or concerns such as missing or damaged Designs within forty-eight (48) hours of receipt. Designer shall not in any way be responsible for any issues discovered more than forty-eight (48) hours after receipt of the Designs, whether or not the responsibility of Designer or due to shipment.

Charges and Reprints. Any changes to the Designs requested by Client with respect to the paper stock, number of inks, additional pieces of stationery and ink colors shall entail additional fees. Designer will inform Client in writing of the cost for such changes prior to commencing production relating to such changes, and Client must sign an amended Proof specifying the changes and additional fees for all increases more than ten percent (10%) above the Fee stated in this Agreement prior to commencement by Designer of production relating to the changes.
 Any changes made at any point after printing has commenced that would require the reprinting of any items shall incur both a revision fee and reprinting fees. The exact fees are dependent on the details of the order; Designer shall inform Client in writing of the fees prior to the commencement of reprinting, and Client must sign a written addendum specifying the changes and additional fees for all increases more than ten percent (10%) above the Fee stated in this Agreement prior to commencement by Designer of production relating to the reprinting.

Limit of Liability

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.

Confidential Information. Each Party acknowledges that in connection with this Agreement it may receive certain confidential or proprietary information and materials of the other Party, including, but not limited to, the terms of this Agreement. Each Party, its agents, and employees shall hold and maintain in strict confidence all Confidential Information, shall not disclose Confidential Information to any third party, and shall not use any Confidential Information except as may be necessary to perform its obligations under the Agreement or as may be required by a court or governmental authority. Notwithstanding the foregoing, Confidential Information shall not include any information that is in the public domain or becomes publicly known through no fault of the receiving Party, or is otherwise properly received from a third party without an obligation of confidentiality.

Dispute Resolution. Any dispute or claim arising under or in any way related to this Agreement in excess of Kansas small claims court jurisdiction shall be submitted to neutral, non-binding mediation prior to the commencement of arbitration or any other proceeding before a trier of fact. The Parties to the dispute or claim agree to act in good faith to participate in mediation, and to identify a mutually acceptable mediator in Wichita, KS. All Parties to the mediation shall share equally in its cost.
If the dispute or claim is resolved successfully through the mediation, the resolution will be documented by a written agreement executed by all Parties. If the mediation does not successfully resolve the dispute or claim, the mediator shall provide written notice to the Parties reflecting the same, and the Parties may then proceed to seek an alternative form of resolution of the dispute or claim, in accordance with the remaining terms of this Agreement. Any dispute arising under or in any way related to this Agreement in excess of Kansas small claims court jurisdiction that is unsuccessfully resolved through mediation shall be submitted to binding arbitration. The Parties shall select a single arbitrator and the arbitration shall be held in Wichita, KS. The arbitrator’s decision shall be binding on the Parties, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The prevailing Party in any arbitration, trial or other proceedings shall be awarded all filing fees, related administrative costs, and reasonable attorneys’ fees. Administrative and other costs of enforcing an arbitration award or judgment, including the costs of subpoenas, depositions, transcripts, witness fees, payment of reasonable attorneys’ fees and similar costs, will be awarded to the prevailing Party.

Counterparts; Signatures: This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and which collectively shall constitute one Agreement. Use of fax, email and electronic signatures shall have the same force and effect as an original signature.

Headings. The headings contained in this Agreement are strictly for convenience, and shall not be used to construe meaning or intent.

General Provisions

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

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