Terms of service
THIS DOCUMENT DEFINES THE TERMS AND CONDITIONS OF OUR WORKING RELATIONSHIP. ALL PROJECTS OR SERVICES THAT DINGLEWOOD DESIGN AND LETTERPRESS, LLC. MAY BE CONTRACTED TO PRODUCE OR PROVIDE FOR THE CLIENT WILL BE SUBJECT TO THE FOLLOWING:
PURPOSE OF THE AGREEMENT
Client wishes to hire Stationer to provide services relating to Client’s stationery needs, as detailed in this Agreement. Stationer has agreed to provide such services according to the terms of this Agreement.
TERMS
Services: Stationer shall provide Client with the following services on a ONE-TIME basis (known as “Services” in this Agreement):
• UP TO (1) ONE SEMI-CUSTOM DESIGN MOCKUP FOR AN INVITATION, STATIONERY, OR OTHER PRINTED ITEM
• UP TO (2) TWO ROUNDS OF MINOR REVISIONS
• FINISHED STATIONERY PIECES, EMBELLISHMENTS AND ASSEMBLY AS LISTED ON FINAL INVOICE
• SHIPPING TO CLIENT
Stationer shall provide Client with the following additional services on an ‘as needed’ basis at the discretion of the Stationer:
• ADDITIONAL CONCEPTS, DESIGN ALTERATIONS OR DESIGN OVERHAUL
• ADDITIONAL STATIONERY PRODUCTS AND/OR EMBELLISHMENTS
• ADDITIONAL DESIGN CONSULTATIONS
• PHYSICAL PAPER SAMPLES AND COLOR SWATCHES
Schedule: Stationer shall deliver Services in a reasonable amount of time. Client must respond to any Stationer communication within 5 business days from the time stationer sends the communication. If Client fails to respond to Stationer within 7 business days for feedback or any other Stationer request(s), it is within the Stationer’s discretion to delay or cancel a Client’s Services. If Services are delayed due to lack of response, Client must pay an additional fee of $150.00 to restart the Services in a timely manner, and Stationer reserves the right to bill Client at Stationer’s current rates which may be higher than what was originally promised upon signing this Agreement.
Rounds of Review: Client will be given the opportunity to review and provide comment on the stationery in up to [two] rounds of review and revisions by Stationer. Wording, color, and minor layout adjustments can be made during the revision process. Due to the amount of time and work involved, each additional semi-custom design switch will be subject to a $100.00 per piece design fee or a $200.00 design fee (Invitations). Note that a semi-custom design switch is a complete change in the overall design direction based off of Stationer's existing template collection - not a revision to a previously selected design. Concept revisions, extensive alterations, or a switch in design objectives may result in a delayed completion date.
Errors and Omissions: It is the Client’s responsibility to check proofs carefully for accuracy in all respects, ranging from spelling and punctuation to technical illustrations. Stationer is not liable for errors or omissions. If errors are found after final approval is made, the cost of a reprint is the Client’s responsibility. The minimum quantity for reprints of any piece is 20. Client electronic consent/approval is required prior to release for printing.
Returns and Refunds: Due to the custom nature of our work, Dinglewood Design and Press does not accept returns or offer refunds. Letterpress colors may vary from proof colors, due to monitor resolution variances. Please note that colors can also vary slightly between different press runs; we recommend ordering all of your customized pieces together (invitations, menu, thank you, etc.) whenever possible. We do not offer free reprints due to color discrepancies. We recommend ordering a sample to see the closest representation of what your chosen ink color will look like letterpress printed.
COST, FEES AND PAYMENT
Cost: Client agrees to pay either a $500 nonrefundable retainer payment or a nonrefundable full payment before design work will begin on any design concepts. Unless otherwise specified, all balances due are payable upon final design approval and before materials are ordered and services are booked into Stationer's production schedule. Stationer reserves the right to refuse completion or delivery of work until past due balances are paid. Estimates are valid for 1 month from the date on estimate.
Fees: Stationer’s hourly rate is $100 per each hour spent on Client’s Services over the allotted amount of time purchased. If Client requests further retouching or edits after delivery of Client’s final designs beyond the round(s) of revisions agreed to above, then Client agrees to pay Stationer for any additional changes Stationer makes at Stationer’s hourly rate.
Expenses: Any expenses incurred by Stationer while providing Client with Services will be invoiced to Client in a timely manner. Client is responsible for paying for and delivering any third party software licenses or products Client wishes Stationer to utilize before initial design concepts begin. At the Stationer’s discretion, Stationer will make reasonable efforts to integrate Client’s suggested software or products.
Late Fees: If Stationer does not receive payment from Client within fourteen calendar days of any payment date, then Client will be charged a late fee of 1.5% of the outstanding amount per each day that Stationer does not receive payment. If Stationer has made reasonable attempts to notify Client of Client’s outstanding balance, and Client’s balance remains unpaid or partially paid, then Stationer reserves the right to send Client to collections for any and all outstanding payments. Client agrees to pay for all Stationer’s reasonable collections and legal costs encountered while attempting to collect against Client.
Confidentiality: Parties will treat and hold all information of or relating to this Agreement, the Services provided, and the Parties’ businesses in strict confidence and will not use any of this information except in connection with fulfilling the terms of this Agreement, and, if this Agreement is terminated for whatever reason, Parties will return all such information, including account access information, and any and all copies to the original Party and will remain bound to the Confidentiality provision of this Agreement. Confidential information (known as “Confidential Information” in this Agreement) means information that is of value to its owner and is treated as proprietary or confidential including, but not limited to, intellectual property, inventions, trade secrets or information, financial data or information, speculation, knowledge, general Company data or reports, future business plans, strategies, customer lists and information, client acquisition strategies, advertising campaigns, information regarding executives and employees, and the terms and provisions of this Agreement.
Further, at all times neither Party shall use or disclose any Confidential Information relating in any way to the past, present, or future business affairs, conditions, clients, customers, efforts, employees, financial data, operations, practices, products, processes, properties, sales, or services of or relating in any way to the Company in whatever form to any parties outside of this Agreement.
This Agreement imposes no obligation upon the Parties with respect to any Confidential Information that was possessed before initial business interactions commenced between the Parties; is or becomes a matter of public knowledge through no fault of receiving Party; is rightfully received from a third-party not owing a duty of confidentiality; is disclosed without a duty of confidentiality to a third-party by, or with the authorization of the disclosing Party; or is independently developed by either Party without prior knowledge of privileged or confidential information.
Confidentiality with AI (Artificial Intelligence) Use
We take great pride in creating designs just for you. Because your invitations and paper goods are unique and made by hand, all of our design work is considered private and belongs to Dinglewood Design and Letterpress, LLC. Please do not upload, share, or submit any of our designs, drafts, or proofs to AI programs, websites, or outside services. Many AI tools keep and reuse what you upload, which means your private designs could be stored, copied, or shown to other people without your/our permission.
Our goal is to protect the integrity of your stationery and make sure your designs remain special and just for you. If designs are shared with AI tools, it can damage the trust and creative process between us. In that case, we may need to stop working together to protect our work.
By completing your purchase and checking this terms of service agreement, you agree to keep all designs confidential and not upload them to AI (Artificial Intelligence) platforms.
Publicity: Client agrees that Stationer may display the product as a sample of Stationer’s work [in Stationer’s professional portfolio, in any marketing materials or communications, on Stationer’s website and on any website or in any media or location that displays Stationer’s work].
Relationship of the Parties: Stationer has the sole right to control and direct the means, manner, and method by which the services in this Agreement are performed. Stationer has the right to hire assistants, subcontractors, or employees to provide Client with its Services. Stationer is individually and separately responsible for its own business operation and expenses, including securing or paying any licensing fees, taxes (including FICA), registrations, or permits.
INTELLECTUAL PROPERTY
Copyright Ownership: Unless purchased by the Client, the Stationer 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 Stationer who creates the materials and may be used by the Client in the reasonable course of fulfilling this Agreement going forward. Client may ship, display, and enjoy the work(s) Stationer creates for Client, but Client may not under any circumstances alter or sell all or part of these work(s). For example, Client may not hire Stationer to create wedding invitation suites and use any of the artwork on the suites on additional artwork or stationery, such as menus, food boards, guest charts, or other work(s). If Stationer’s work is misappropriated, Client understands and accepts that Client will be invoiced for these additional work(s).
Client guarantees it owns all intellectual property it provides to Stationer, such as text, images, artwork and designs, or Client guarantees it has permission to use any intellectual property it provides to Stationer. Client agrees to indemnify and hold harmless Stationer, and its subcontractors and assignees, from any intellectual property infringement claims regarding any and all materials Client provides to Stationer.
Prohibited Uses of Artwork: Some uses of Stationer’s property are expressly prohibited in order to maintain the integrity and quality of Stationer’s reputation and work.
• Any resale of the product and/or art files through direct or indirect means, including, but not limited to: selling the illustrations; selling or allowing use of the illustrations by a third party such as a corporation or advertiser.
• Any illegal assignment of Stationer’s work, such as allowing third party use of the illustrations online or in print without attribution.
• Client expressly agrees not to produce derivative works of Stationer’s property, such as, but not limited to, photographs of the illustrations, scans into a computer, unauthorized collages or other works that incorporate a substantial portion of Stationer’s property (“Derivative Works”) in a way that distorts or denigrates the illustration's high resolution.
• Client further expressly agrees not to engage in any use of the illustrations or Derivative Works in any manner in connection with artificial intelligence and related technologies, including but not limited to machine learning systems, algorithms or models, or any other automated processes capable of altering, modifying or manipulating the illustrations unless Stationer provides advanced written authorization to do so.
• Any use deemed unreasonable or defamatory, at Stationer’s discretion.
• Any retouched or further edits of illustrations that materially alters the composition of the illustrations, such as by applying filters, changing the colors or other means of degradation, as determined by Stationer.
• Client will not purposefully try to hide or otherwise conceal attribution to Stationer, such as by printing attribution in such small print or font that the source of the illustrations is not readily apparent to the reasonable viewer or in failing to adhere to the attribution requirements specified above.
Trademark Ownership: Any and all trademarks, whether registered or unregistered, remain the property of the contributing Party.
Permitted Uses of Material(s): Stationer grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Stationer with attribution where reasonably allowed. In no event is Client allowed to share Stationer’s pricing or internal materials with any third party without Stationer’s express prior written permission.
RELEASES AND LIMIT OF LIABILITY
Exclusivity: Client understands and agrees s/he has hired Stationer exclusive of any other stationery provider, and no other stationers, other than any assistant or third party that Stationer has hired to complete the Services outlined herein, are permitted to provide the same Services, paid or unpaid, unless prior permission is granted by Stationer.
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 Stationer.
Limit of Claim: If Client wishes to pursue legal action arising out of or related to this Agreement, the claim must be filed on or before 365 days after work is completed.
General Indemnification: Client agrees to indemnify and hold harmless Stationer, its related companies, parties, affiliates, agents, independent contractors, assigns, directors, employees, and officers from any and all claims, causes of action, damages, or other losses arising out of, or related to, the Services provided in this Agreement.
Shipping Indemnification: Stationer 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 Stationer’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.
Style Release: Client has spent a satisfactory amount of time reviewing Stationer’s work or past client reviews and has a reasonable expectation that Stationer’s Services will produce a reasonably similar outcome and result for Client. Stationer will use reasonable efforts to ensure Client’s services are carried out in a style and manner consistent with Stationer’s current portfolio and services, and Stationer will try to incorporate any suggestions Client makes. However, Client understands and agrees that:
• Every client and final delivery is different, with different tastes, budgets, and needs; and stationery design and printing is a subjective service and
• Stationer is a provider with a unique vision, with an ever-evolving style and technique; and
• Stationer will use its personal judgment to create favorable results for Client, which may not include strict adherence to Client’s suggestions; and
• Providing Stationer with Client’s own paper/materials to print on or requesting Stationer only use a certain kind of paper/materials to print on may result in less than satisfactory results; and
• Dissatisfaction with Stationer’s independent judgment or individual management style are not valid reasons for termination of this Agreement or request of any monies returned.
Proofs and Approval: Final proof(s) will be provided to client no later than 7 calendar days after the final revision is approved, explicitly or implicitly, by Client. Explicit Approval: Client must approve this final proof(s) no later than 7 calendar days from the date proof(s) are sent by Stationer. Implicit Approval: If Client does not approve this final proof(s) within 7 calendar days from the date proof(s) are sent by Stationer, and Client does not make prior alternative arrangements (such as letting Stationer know Client will be unavailable to respond during this timeframe), Stationer reserves the right to interpret this silence as approval.
Once proofs are approved, Client accepts full responsibility for any existing errors or defects and must pay Stationer for additional edits, shipments or product if Client desires changes to be made after proofs are approved.
Non-disparagement: The Parties mutually agree not to make public defamatory statements that would materially harm the reputation or business activities of any Parties to this Agreement.
CANCELLATIONS OR RESCHEDULING
Non-Wedding Client Desires to Cancel or Reschedule: If you decide to cancel your order before we’ve fully fulfilled your order, we will process a full refund as long as proofs have not been sent. If proofs have already been submitted, there is a cancellation fee of 25% or $100, whichever is greater. This is due to the time we've invested designing your design proofs. Once completed, that part of the order cost cannot be refunded. Your approval (electronic, or handwritten) will constitute an agreement between us. If you decide to cancel your order after proof approval, we can cancel it and process a refund less design, printing plates and envelope/accessories costs. If your order has been printed, we will not be able to cancel, refund or accept a return on the order.
Wedding Client Desires to Cancel or Reschedule: If the Client desires to cancel Services of Stationer for any reason at any time, then Client shall provide at least 14 Days Notice to Stationer in order to cancel this contract. Client may reschedule Services with at least 72 hours Notice. Providing Notice will not relieve Client of any currently outstanding payment obligations. Stationer will not be obligated to refund any portion of monies Client has previously paid to Stationer.
Stationer Desires to Cancel or Reschedule: In the event Stationer cannot or will not perform his/her obligations in any or all parts of this Agreement, Stationer (or a responsible party) will give Notice to Client as soon as practicable, and at the Stationer’s discretion, either attempt to find a reasonable substitute to fulfill the terms of this Agreement or issue a refund or credit based on a reasonably accurate percentage of Services rendered. In the case of a refund where, at the discretion of the Stationer, no reasonable substitute is found, Stationer shall excuse Client of further performance obligations in this Agreement.
No-Shows: If it becomes impossible for Stationer to render Services due to the fault of the Client or parties related to Client, such as failure to provide necessary elements of the Services or failure of one or more essential parties to the Services to complete tasks in a timely manner, it is within the Stationer’s sole discretion to allow for any additional time or dates to render Services. In such an event, any outstanding amount will immediately become due and payable to Stationer. If Stationer chooses to continue working with Client instead of cancelling this Agreement, Client agrees to pay a fee of $150 to restart the Services.
Termination: When all outstanding balances and payments are received from Client, and Stationer has fulfilled all its obligations and Services in this Agreement, the Agreement is completed. Any surviving provisions remain in full force and effect.
Force Majeure: 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 that materially affects the performance of Services, such as: an act of God (fires, explosions, earthquakes, hurricane, natural disasters, 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, civil disorder, action of government or civil authority, labor trouble or strike, pandemic, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, nuclear leak or explosion, or act or threat of terrorism (each, a “Force Majeure Circumstance”), provided that the affected Party (i) promptly notifies the other Party and (ii) makes reasonable efforts to mitigate the effects of the Force Majeure Circumstance.
GENERAL PROVISIONS
Governing Law: The laws of the state of Georgia govern all matters arising under or relating to this Agreement, including torts.
Compliance with Laws: Each Party represents that it will comply with all applicable laws, regulations, rules, and ordinances, including privacy and data security laws and regulations where applicable to the Services.
Data Security: Each Party will implement and maintain reasonable administrative, technical and physical safeguards and other security measures necessary to protect and maintain the security and integrity of the other Party’s data.
Notice: Parties shall provide effective notice (“Notice”) to each other, including any payments or invoices, via either of the following methods of delivery at the date and time which the Notice is sent, provided that all Notices sent to Stationer via Mail shall be accompanied by a simultaneous digital copy to Stationer via Email.
Severability: If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force, if the essential provisions of this Agreement for each party remain legal and enforceable.
Merger: This Agreement constitutes the final, exclusive agreement between the parties on the matters contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.
Amendments: The Parties may amend this Agreement only by the Parties’ written consent via proper Notice.
Dispute Resolution: Any controversy or claim arising out of or relating to this contract, or the breach of this Agreement, will be settled by alternative dispute resolution (ADR) prior to a formal complaint. ADR includes arbitration or mediation administered by an authorized entity, such as the American Arbitration Association, in accordance with its Commercial [or other] Arbitration Rules. Any judgment on the award rendered by the arbitrator(s) or mediator(s) may be entered in any court having jurisdiction over this Agreement and related dispute resolution proceedings.
Waiver: Any waiver or failure to enforce any term or condition of this agreement on one occasion will not be deemed a waiver of any other term or condition, nor will it be deemed a waiver of any subsequent breach or violation of the same term or condition. No waiver of any right or remedy under this agreement will be effective unless it is made in writing and executed by the waiving Party.
Titles: The titles and section headers in this Agreement are provided for convenience only and should not be construed as part of this Agreement.
I HAVE READ AND UNDERSTAND THE TERMS ABOVE. I HEREBY AGREE TO THE TERMS OF THIS CONTRACT.