Captivating Calligraphy Terms of Service

Thank you for choosing CAPTIVATING CALLIGRAPHY. Please read the following Terms of Service carefully as it describes the terms and conditions incorporated and included into every CAPTIVATING CALLIGRAPHY project. It is the responsibility of you, the user, client(s), or prospective client(s) to read the terms and conditions before proceeding to accept a CAPTIVATING CALLIGRAPHY Project Contract.

CONTRACTUAL RELATIONSHIP

Your acceptance of a CAPTIVATING CALLIGRAPHY Contract constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and CAPTIVATING CALLIGRAPHY. If you do not agree to these Terms, you may not access or make use of CAPTIVATING CALLIGRAPHY services. These Terms expressly supersede prior agreements or arrangements with you. No other agreement whether verbal or written shall be in effect, except where agreed to and authorized in writing by CAPTIVATING CALLIGRAPHY.

DEFINITIONS

The terms “we,” “our,” and “Calligrapher” refers to CAPTIVATING CALLIGRAPHY.

The terms “Client(s)”, “you”, refer to site customers, users, clients, and any other financial investors of our services.

The term “Contract” or “Invoice” shall refer to the customized services, plans and fees Calligrapher has created for Client.

QUOTES(S)

The terms of Client’s Project Contract expire 7 days after being submitted to Client. If this proposal expires, Calligrapher may modify the proposal and resubmit it to Client.

COMPENSATION

Client agrees to pay Calligrapher the fees listed in the contract, including all taxes if applicable. Pricing in the contract includes only Calligrapher fees. Any other costs, such as shipping will be billed to Client separately during the project.

PAYMENT(S)

Initial retainer fee is due before any work begins and final payment is due before the completed order is shipped or delivered in-person. Client agrees to pay for the Services at the rates and at the times indicated in the signed contract. All payments are non-refundable. All website payments are final.

For any digital goods or workshop sales, all purchases are final.

Calligrapher accepts payment via Stripe, Paypal, or credit card.

LATE PAYMENT

Client’s failure to pay any invoice within six (5) business days from the date the invoice was sent (by Calligrapher), shall be in breach of their Contract and Calligrapher shall have the right to discontinue providing Services until such unpaid invoices are paid in full. Client’s failure to pay any invoice is also a breach of this agreement and Calligrapher reserves the right to terminate the agreement in its entirety.

All grants of any license to use or transfer ownership of any intellectual property rights under this agreement are conditioned on full payment, including all outstanding additional costs, expenses, fees, or any other charges.

INTELLECTUAL PROPERTY

1. COPYRIGHT OWNERSHIP. Calligrapher owns the copyright in any and all Services she provides pursuant to federal copyright law (Chapter 17, Section 201-02, of the United States Code.) Any and all designs produced in connection with, or in the process of fulfilling this agreement, are expressly and solely owned by Calligrapher to use in the reasonable course of Calligrapher’s business.
2. PERMITTED USES OF WEDDING STATIONERY & CALLIGRAPHY. Calligrapher grants to Client a non-exclusive license of designs produced with and for Client for personal use only so long as Client provides Calligrapher with attribution each time Client uses Calligrapher’s property. Personal use includes use within the following contexts:
   1. In photos on Client’s personal social media pages or profiles
   2. In personal creations, such as scrapbook or personal gift
   3. In personal communications, such as a family newsletter or email or holiday card
   4.  ARTISTIC RELEASE.
      1. STYLE. Client has spent a satisfactory amount of time reviewing Calligrapher’s work and has a reasonable expectation that their designs will be produced in a similar manner and style.
      2. CONSISTENCY. Calligrapher will use reasonable efforts to ensure Client’s designs are produced in a style and manner consistent with Calligrapher’s current portfolio and Calligrapher will try to incorporate any suggestions Client makes. However, Client understands and agrees that:
         1. Every client and wedding is different, will different tastes, budgets, and needs;
         2. Custom wedding stationery design is a subjective art and Calligrapher is an artist with a unique vision, with an ever-evolving style and technique;
         3. Calligrapher will use her personal artistic judgment to create designs for Client, which may not include strict adherence to Client’s suggestions;
         4. It is within Calligrapher’s sole discretion as to how to edit the designs she creates;
         5. Dissatisfaction with Calligrapher’s aesthetic judgement or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.
   5. LIMIT OF LIABILITY.

CHANGES TO PROJECT SCOPE OF WORK

If Client wants to change the scope of work after acceptance of the contract, client shall send Calligrapher a written change order describing the requested changes in detail. Within five (5) business days of receiving a change order, Calligrapher will respond with an amendment to the original contract including Calligrapher’s availability, additional fees, changes to delivery dates, and any modification to the terms and conditions. Calligrapher will evaluate each change order at its standard rate and charges. Such charges shall be in addition to all other amount payable under this agreement, despite any maximum budget, contract price or final price identified. Calligrapher may extend or modify any delivery schedule or deadlines in the agreement as may be required by such changes. Client will have five (5) business days to respond in writing accepting or rejecting the new contract. If client rejects the contract, Calligrapher will not be obligated to perform any services beyond those in the original agreement.

DELAYS

Client shall use all reasonable efforts to provide needed information, materials and approvals needed to complete a project. Any delay by client will result in a day-for-day extension of the due date for all deliverables and may result in project cancellation at the discretion of the Calligrapher.

Calligrapher agrees to use reasonable and diligent efforts to complete the Services in a timely fashion, subject to adjustments or extensions of time for conditions or circumstances beyond the control of Calligrapher, including, but not limited to, delays in deliveries of materials, changes to the scope of the Services by Client, the failure by Client to timely provide instructions or information or any other cause beyond the control of Calligrapher.

MAXIMUM DAMAGES

Client agrees that the maximum amount of damages they are entitled to in any claim of or relating to this Agreement or Services provided herein are not to exceed Calligrapher’s Total Cost as set forth in Section 2(a) of this Agreement.

LOSS OF DESIGNS/ENVELOPES/MEDIA

In the event that any or all designs are lost, such as damage to or loss of wedding envelopes, Calligrapher shall refund Client the corresponding percentage of lost designs/envelopes/media.

1. For example, if 30% of the original envelopes are lost, Calligrapher shall refund 30% of the total price Client paid according to Section 2 (a) of this Agreement.

INDEMNIFICATION

Client agrees to indemnify, defend and hold harmless Calligrapher and its 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 products Calligrapher provides to Client.

CANCELLATION AND RESCHEDULING.

Performance of Services by Calligrapher may be cancelled or rescheduled according to the following circumstances:

CANCELLATION OR RESCHEDULING OF SERVICES

1. CLIENT DESIRES TO RESCHEDULE OR CANCEL SERVICES. If the Client desires to reschedule or cancel Services of Calligrapher for any reason at any time, then Client shall provide Notice to Calligrapher as soon as possible.
   1. Providing Notice will not relieve Client of any payment obligations.
   2. Calligrapher will not be obligated to refund any portion of monies Client has previously paid to Calligrapher.
   3. Calligrapher has no obligation to attempt to re-book further calligrapher services to fill the void created by Client’s cancellation or rescheduling.
2. CANCELLATION DUE TO IMPOSSIBILITY.
   1. 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, such as:
      1. An act of God (fires, explosions, earthquakes, hurricanes, natural disasters, flooding, storms, or infestation) or
      2. War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not)
      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.
   2. NO-SHOWS. If it becomes impossible for Calligrapher to render Services due to the fault of the Client or parties related to Client, such as failure of the wedding to occur or failure of one or more essential parties to the wedding stationary process to provide Calligrapher with necessary information, it is within the Calligrapher’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 Calligrapher.
   3. FAILURE TO PERFORM SERVICES. In the event Calligrapher cannot or will not perform her obligations in any or all parts of this Agreement, she (or a responsible party) will:
      1. Immediately give Notice to Client;
      2. Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and
      3. Excuse Client of further performance obligations in this Agreement.

GOVERNING LAW

The laws of GEORGIA govern all matters arising under or relating to this Agreement, including torts.

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 part 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 matter 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 agreement with proper Notice.