Location and Delivery of Services
Location. Services to Client are available for free pickup in 514 Lockwood Drive Richardson, TX 75080.. Unless specified on a sub-agreement according to an approved quote including delivery and mailing services and fees.
Shipping Fees. Vendor offers free shipping fee for samples/proofs, shipping for regulat purchases is calculated during checkout, including rush shipping.
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 Isi Gonzalez and mailed to: 2309 Windy Dr, Garland TX 75044. 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.
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.
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:
- A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or
- War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or
- Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
Failure to Perform Services. 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.
Permitted Uses of Product(s). Client grants to Vendor a non-exclusive license of product(s) produced with and for Vendor commercial and personal use only so long as Vendor provides Client with attribution each time Vendor uses Client’s property. Personal and Commercial use includes, but is not limited to, use within the following contexts:
- In photos on Vendor’s personal or commercial social media pages or profiles; or
- In Vendor’s website, or web advertising, or
- Printed advertising
Printing and Assembly. The printing and assembly process can take 3-5 weeks from start to finish. Please allow ample time to complete the project. Taking proofing and assembly time into consideration, delay in approving proofs will result in a delay of your order.
Posting. 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. You may wish to order an additional 10% of your pieces to ensure additional pieces are available if needed for remaining. 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 mail the piece yourself from the suggested excess prints mailed back to you upon completion of the project.
Address List. Please see Vendors specification on prepping your address list. Addresses will be written exactly as they appear on the provided list from Client. Vendor will not make etiquette or spelling corrections. If Client wishes Vendor to prepare a list for addressing, a $125 fee will be added to your final invoice. Please wait for a template to be provided.
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. i latina creative 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 Texas 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 Garland, Tx. 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 Texas 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 Garland, Tx. 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.
Governing Law. The laws of Texas 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.