Terms & Conditions
II. Payment and Price Terms
IV. Communication and Cooperation. The Parties agree to cheerful cooperation throughout the course of performing the services under this Agreement. The Client expressly agrees and understands that in order for the Designer to produce satisfactory work for the Client, the Client may need to approve proofs and respond to other communications from the Designer. The Client agrees to respond to all such communications within seven (7) calendar days to the best of their ability. If the Client fails to respond to communications with the Designer within the specified time, the Designer expressly reserves the right to halt all services under this Agreement.
V. Relationship of the Parties.Designer is an independent contractor of the Client. This Agreement shall not be construed to create any association, partnership, joint venture, employee, or agency relationship between the parties for any purpose. The Designer has no authority (and shall not hold itself out as having authority) to bind the Client, nor shall it make any agreements or representations on the Client's behalf without the Client's prior written consent.
VI. Intellectual Property.
grants to Client a nontransferable, nonexclusive, Designer . Designerretains the ownership of its copyright in any and all designs pursuant to federal copyright law (Chapter 17, Section 201-02, of the United States Code.) Any and all work produced in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Designer : Nonexclusive License
royalty free license of designs produced with and for Client for the specific purpose of wedding stationery. Any unauthorized use of the design, such as using the design for other purposes than those specified herein, will result in additional fees and/or royalty payments to Designer. Parties own their respective trademarks and intellectual property used in the normal and separate course of their business and agree not to infringe upon or otherwise use each other’s respective intellectual property except for in the course of providing Client with its Services.
B. To the extent that any of the Designer’s pre-existing materials are contained in the work provided, such as purchased fonts or artwork with a limited commercial license, the Designer retains ownership of such preexisting materials and hereby grant to the Client an irrevocable, worldwide, unlimited, royalty-free license to use, publish, reproduce, display, distribute copies of, and prepare derivative works based upon, such preexisting materials and derivative works thereof.
. With this extended license, Designerwhich will be reflected on the final invoice, the Client has the option to purchase an extended license from the $500, . For an additional fee of Optional Extended LicenseC. Client will have the right to print an unlimited amount of additional items containing the Deliverables from a printer of Client’s choosing. This extended license grants the Client the right to use the Designer’s designs on other items only for and throughout the specific nominated event.
D. Use Of Photos of Goods On Social Media: The Parties agree that both the Client and the Designer have the right to showcase photographs of the Goods on their respective websites and social media sites (such as Facebook, Instagram, Twitter, and Pinterest). However, credit must be given to Designer any time a photograph is used in this respect. Client agrees that Designer may take photographs of invitations, stationery, or other creations, and use those photographs for Designer’s own reference, for display, or for promotion without compensation to Client.
VII. Representations and Warranties.
VIII. Cancellation, Termination, Rescheduling and Breach.
A. Client decides to reschedule. If Client decides/desires to reschedule the Designer’s services for any reason at any time, then Client must provide thirty (30) days’ Notice to Vendor in accordance with the Notice provision below. Client will not be relieved of any currently outstanding payment obligations. Designer will not be required to refund any money previously paid by the Client. At the Designer’s discretion, any previously paid sums by the Client may be used as credit for a future or rescheduled event.
Shall either Party wish to terminate this Agreement for any reason other than a breach of the terms of this Agreement, or cancellation of the Project, change of heart, or date change/postponement of the Event, Designer shall not return any unearned fees, if any, paid up to the point of termination, and Designer will have no further obligation to the Clients. B. Termination of Agreement. Client must pay any sums due or earned by the Designer within thirty (30) days of termination of this Agreement. Termination of this Agreement will be effective upon receipt of written notice by the receiving Party.
C. Cancellation by Client. In the unfortunate event that either the Client individually or both Clients jointly decide to cancel the Project for any reason, or should Clients have a change of heart for any reason with respect to using the Designer’s services, the Clients must provide the Designer with written notice. Such termination will be effective upon receipt of the Notice, and the following conditions will apply:
i. The Designer will be entitled to retain the non-refundable, non-transferable Initial Payment identified in Section II B of this Agreement, regardless of when the Designer receives Notice of the cancellation, as well as any subsequent payments made by Clients prior to Designer’s receipt of the Notice.
ii. The Client recognizes and agrees that the termination fees stated herein represent a reasonable estimate of the loss suffered by the Designer in the event of a termination of this Agreement, due to the fact that a cancellation of this Event will have a direct impact on the Designer’s business, and it will severely limit the Designer ability to rebook the Clients’ Event date.
D. Breach of Agreement.
i. Option to Cure. Either Party may terminate the Agreement at any time following the failure of the Party in breach to cure a material breach within ten (10) calendar days of such terminating Party’s having given the breaching Party written notice of such breach, or, if the breach is one that cannot be cured within ten (10) days, at any time following the failure of the other Party to commence and continue reasonable and good faith efforts to cure such breach in such a period of time as is reasonably practicable under the circumstances.
E. Reimbursement. If the Agreement is terminated pursuant to this provision, Designer shall be entitled to compensation for the reservation of Clients’ project date, and for the time spent by Designer in performance of the Services, calculated based upon the extent of services provided thus far, as well as reimbursement by Clients for expenses incurred by Designer before the effective date of such termination.
If Designer should 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 Clients with a substitute Designer of reasonably similar experience. In the unlikely scenario that such F. Incapacitation. situation does occur and a suitable replacement is not found by Designer, or should Clients reject the proposed replacement, Clients agree that the maximum remedy shall be a refund of the prorated portion of the Fees paid by Clients prior to the date of the occurrence of incapacitation, based upon the extent of the Services rendered prior to the incapacitation.
Clients agree that to the fullest extent permitted by law, the Designer’s MAXIMUM TOTAL LIABILITY FOR ANY CLAIMS, BREACHES OR DAMAGES BY REASON OF ANY ACT OR OMISSION, INCLUDED BREACH OF CONTRACT AND NEGLIGENCE, SHALL BE LIMITED SOLELY TO THE DOLLAR AMOUNT OF THE FEES PAID BY THE CLIENT TO DESIGNER. CLIENTS AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, DESIGNER SHALL NOT BE LIABLE FOR ANY CLAIMS FOR PUNITIVE DAMAGES, CONSEQUENTIAL DAMAGES, EMOTIONAL DISTRESS, MENTAL ANGUISH, LOST PROFIT, LOSS OF ENJOYMENT, LOST REVENUES AND/OR REPLACEMENT COSTS. IX. Limitation of Liability. Designer is not responsible for any defective products, services or imperfect resources purchased on behalf of Clients, and Clients waive any right to pursue any claim, demand, or cause of action against Designer for such. Clients acknowledge and agree that these limitations reflect a fair allocation of risk and that Designer would not enter into this Agreement without these limitations on its liability.
Requests, demands, and other communications under this Agreement shall be in assigns of the parties. The Parties have no right to assign this Agreement, by operation of law or otherwise. A. Legal Terms. This Agreement shall be binding upon, is for the sole benefit of the Parties hereto, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted writing, and shall be deemed duly given if sent via the Notice Provision below. If any of the provisions of this Agreement are deemed to be invalid, illegal, or unenforceable, the provisions shall remain in effect to the extent allowed by law and the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired. The performance of any condition or obligation imposed on a party under this Agreement may be waived only in writing by you or an authorized official of Designer, and only to the extent stated in such writing. Headings and subheadings herein are for the convenience of the parties only, and no special meaning will attach to the headings. This Agreement will be deemed made in and governed by the laws of the state of Florida, without application of its principles regarding conflicts of law. Designer shall not be responsible for its failure to perform its obligations under this Agreement caused in whole or in part by events beyond its reasonable control. Section IX (Limitation of Liability) shall survive the expiration or termination of this Agreement.
B. Compliance With Law. The parties shall comply with all applicable laws in performing this agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail.
C. Amendments. The parties may amend this Agreement only by the parties’ written agreement with proper Notice.
D. Assumption of Risk. Client and related parties / participants expressly assume any risk of services and related activities as described herein.
and Client agree to defend, indemnify, and hold harmless the respective party, its owners, officers, directors, employees, affiliates, contractors, licensors, successors, or assigns from and against any and all liabilities and expense whatsoever, including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements which any of them may incur or become obligated to pay Designer E. Indemnification. To the extent permitted by applicable laws, both arising out of or resulting from breach of this Agreement.
F. Merger. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, inducements or conditions, express or implied, written or oral, between the parties. This agreement expressly supersedes any and all prior written and/or oral agreements, and the terms and conditions of this agreement cannot be modified without the express written consent of both parties. The terms and conditions of this Agreement shall be binding upon the parties, their personal representatives, successors and assigns, and may not be assigned to any third party beneficiary.
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 Force Majeure. G. 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, disorder, nuclear leak or explosion, or act or threat of terrorism.
H. Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent.
Terms of service: an agreement between you and The Invitorium to enter and use this website and services
Welcome to the The Invitorium website and services.
We hope you enjoy your use of our facilities. Please appreciate and understand that this is a legal world and that you, by not immediately leaving this website now or immediately after reading our terms of service are accepting our services under the terms of this agreement.
It is your obligation to keep your self informed of any changes that may occur between visits, as using our services each time is under the condition that you accept all our terms and conditions. We may change our terms and conditions from time to time without expressly informing you.
1 The Invitorium Services:
2 Using our The Invitorium Services and Website:
2.1 ELIGIBILITY CHILDREN UNDER 18.
The Invitorium will only knowingly provide products or services to persons who can lawfully enter into and form contracts under applicable law.
Children under the age of 13 may view the Website but MAY NOT ORDER PRODUCTS OR SERVICES.
2.2 Definitions and Interpretation
3 User's Obligations
Users are and shall be wholly and exclusively responsible, at their own cost, for:
3.2 Restrictions on Users
Users shall not and has no right to either:
4. The Invitorium Obligations
User acknowledges that The Invitorium has no obligation to user to provide any training or other support in relation to the use or operation of the Website and/or services.
4.4 Modification of the Website.
The Invitorium reserves the right to modify the organization, structure, content or "look and feel" of the Website and/or the services, and may change, suspend, or discontinue any aspect of the Website and/or the service at any time without notice or any liability to user or any person. The Invitorium shall have complete discretion over the features, functions and other terms and conditions on which the Website and the service is made available.
5. Intellectual Property Rights
5.1 Reservation of title
5.2 Prohibition on infringement
User acknowledges and agrees that The Invitorium does not permit, authorise or condone and hereby expressly prohibits user from accessing or using the Website and/or the services in a manner that infringes, or is likely to infringe, the Intellectual Property Rights, or any other rights or privileges, of any person anywhere in the world.
5.3 Derivative material
Subject to clause 5.2, user shall own any Intellectual Property Rights in any original material that it authors, designs or creates using the functionality provided by the Website. If the user chooses to add any item to a public gallery, In consideration of the authorisation granted under clause 4.1, User hereby grants to The Invitorium an irrevocable, perpetual, non-exclusive, world-wide licence to do all acts and things (including to authorise other persons to do all acts and things) comprised within the said Intellectual Property Rights.
User Account, Password, and Security You will receive a password and account designation upon completing the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify The Invitorium of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Invitorium cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.
7.1 Users warranties
User represents and warrants to The Invitorium that, in its use of the Website and the Services provided, it:
7.2 The Invitoriums warranties
7.4 Exclusion of implied warranties
SUBJECT ONLY TO CLAUSE 8.1, ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE WEBSITE AND/OR ANY OTHER GOODS OR SERVICES THAT MAY BE PROVIDED BY The Invitorium, THAT WOULD OTHERWISE BE IMPLIED BY STATUTE, LAW, EQUITY, TRADE CUSTOM, PRIOR DEALINGS BETWEEN THE PARTIES OR OTHERWISE (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS FOR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT) ARE HEREBY EXPRESSLY EXCLUDED.
7.5 No representation or reliance
8. Exclusion and Limitation of Liability
8.1 Subject to law
(c) liability for fraud or deceit; or
(d) liability for death or personal injury caused by the negligence of either party.
8.2 Exclusion of liability
(a) malfunctions, failures, defects, acts or omissions or any other default or liability caused directly or indirectly by:
(c) any loss of profit, business interruption, loss of or damage to goodwill, and/or any expectation benefit;
(d) Subscribers liability to any person; or
(e) incidental, indirect, consequential, special, exemplary or punitive damages of any nature, whether such liability is asserted on the basis of common or civil law or in equity, including pursuant to any statute, contract, tort (including negligence or strict liability) or otherwise and notwithstanding that The Invitorium has been advised of the possibility of any particular loss or damage.
The Invitorium may, in its sole and unfettered discretion, and without users consent, place links on the Website to other websites that are owned or operated by other persons. User acknowledges and agrees that The Invitorium is not responsible for the operation of or content located on any such website, and The Invitorium cannot and does not warrant that the content of such websites is accurate, complete, legal and/or inoffensive. By choosing to link to these other websites, user acknowledges and agrees that it may not make any claim against The Invitorium for any damages or losses of any kind arising from the other website and/or the link.
8.4 Limitation of liability
9.2 Effect of termination
(a) it shall be read down or severed in that jurisdiction only to the extent that it is void, invalid or unenforceable; and
(b) it does not effect the validity or enforceability of that term or clause in another jurisdiction or the remaining terms or clauses in any jurisdiction.
10.5 Governing Law and Jurisdiction
(b) Each party irrevocably submits to the exclusive jurisdiction of the courts of Delaware, and the courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time relating to these.