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de Havilland Memories Terms and Conditions

1.    Services

Vendor will provide all agreed upon services unless outsourcing has been specifically disclosed on Quote/Invoice. Vendor shall provide Services to Client anywhere deemed possible by Vendor.

2.    Artistic 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 requested, unless otherwise specified in this Agreement.

3.    Handwritten Work

Client understands that unlike computer-generated text, the beauty of handwritten calligraphy is the natural variation in letter form and layout. Vendor reserves the right to make minor, aesthetically-driven changes when necessitated by the specific text. Client agrees to appreciate each piece of writing is a single work of art.

4.    Description Modifications

If at any time, the Client requests a job style change to an extent that substantially alters the specification as described in the original quote, a revised fee will be agreed upon by both the Client and Vendor before moving forward with the project. Timely approval from Client will keep workflow on schedule.

5.    Licensing

Vendor remains the sole owner of all artistic rights. Client will not reproduce, copy, alter, or manufacture the work of the Vendor in any way unless expressly permitted in this agreement. Vendor does not grant Client license to include artwork in items for sale. The Vendor grants the Client rights to share images on social media. Client agrees to credit the Vendor on posts (i.e. “de Havilland Memories”). Client grants the Vendor rights to share images on social media. Client agrees to provide Vendor with a digital copy of any professional images taken of work.

6.    Payment Schedule

Upon signing, an initial non-refundable payment of 50% of the Total Cost is due to the Vendor prior to the project starting and reservation of the requested job date. Only after deposit payment has been paid will Vendor begin project. The remaining balance is due prior to client receiving the finished product. Final product will not be shipped until payment in full is received regardless of agreed upon project completion date. For digital projects, payment in full is due before work begins.

 

7.    Rush Orders

Vendor will use DHL Express to deliver all projects to the Client within the EU. If the product is needed in under two weeks from Quote Date, a rush fee of 250€ will apply and rush shipping service of Client’s choice will be reflected on the final invoice. Client is responsible for ensuring timely delivery of needed paper goods, proofed text, and upgraded shipping instructions to the Vendor.

8.    Text Submission

Client agrees to submit a proofed list of all names and addresses (or other text such as wedding vows, quote, poem). Client-provided text will be written by the Vendor exactly as submitted. For projects of an individual nature such as envelopes or place cards, a fee of 25€ will apply for every resubmission/correction of the text after submission. For text of a single project nature such as wedding vows or poems, no changes may be made after work has begun.

9.    Address Formatting

All addresses must be written in stacked form (line by line, not in single horizontal list format), exactly how Client wishes for them to appear including titles such as Doctor and Junior. List may be provided as Word document, Excel file or Google Document. 

10.    Post-Completion Additions

When Client requests additional orders not included in original invoice/list and beyond 72 hours of completion, a minimum fee of 50€ or double the price of the original per product fee (greater of the two) will apply.

11.    Non-Delivered Mail

Client understands that, as is the nature with any handwritten address, some addresses may be difficult to read by automated postal scanners. Any address that cannot be read by machine is routinely hand inspected and mailed by the postal employees. If an address cannot be delivered, the product will be returned to the return address provided. Any mail not received by the intended recipient is not under liability of Vendor. 

12.    Loss of Product

In the event that any or all client-provided product(s) necessary for final delivery are lost or damaged while still in Vendor’s possession, Vendor shall refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided.

13.    Cancellation

If Client desires to cancel Services, reschedule Services, or if it becomes impossible for Vendor to render Services due to the fault of the Client, or parties related to Client, Vendor has no obligation to refund any monies Client has previously paid towards the Total Cost.

14.    Indemnification

A. The Client hereby agrees to indemnify and hold the Vendor harmless against all liability, cost, loss, expense (including reasonable attorney’s fees), injury, property damage, or damages paid, incurred, or occasioned by any claim, demand, suit, settlement, or recovery against the Vendor, without limitation, arising out of the breach or claim of breach of this Agreement and for any alleged defects in the products or Services provided.

B. Client agrees that the maximum amount of damages s/he is entitled to in any claim relating to this Agreement or the Services described in this Agreement are not to exceed the Total Cost of Services paid.

15.    Miscellaneous Provisions

A. Nothing herein shall be construed to constitute the parties hereto partners or joint ventures, nor shall any similar relationship be deemed to exist between them.

B. The rights herein granted are personal to the Vendor and shall not be transferred or assigned, in whole or in part, without the prior written consent of the Vendor.

C. No waiver of any condition or covenant of this Agreement by either party hereto shall be deemed to imply or constitute a further waiver by such party of the same or any other condition. This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors, and assigns.

D. This Agreement shall be construed in accordance with the laws of Germany.

E. All notices and demands shall be sent in writing.

F. This Agreement constitutes the entire agreement between the parties hereto and shall not be modified, amended, or changed in any way except by written agreement signed by both parties hereto. 

G. This Agreement constitutes the Final, exclusive agreement between the parties and Services contained within. 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.

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