These Terms of Use govern your use of and access to www.designedwithamore.com and the subdomain and affiliated sites, pages and social accounts. By using any or all the sites you accept and agree to be bound to these terms. If you do not want to agree or be bound to these terms, do not use the sites. Designed with Amore retains the right to modify these terms with no notice and any modification will be effective immediately. You are responsible for reviewing any modified terms.
Site content
Content and materials posted on this site may be the copyrighted content of others (Third party content), used by Designed with Amore either by permission, or under Section 107 of the Copyright act as “fair use” for purposes such as education and research. If you believe your work is used on this website in a way that constitute copyright infringement, please notify us via email at [email protected] and provide the following: identification of what is claimed to have been infringed, identification of what is claimed to be infringing, your contact information, a statement that the person submitting the complaint is doing so with a good faith belief that use of the material in the manner complained is not authorized by the owner, a statement that the information provided is accurate and under penalty of perjury, a physical or electronic signature of the person submitting the complaint.
Linking to the website. Anyone linking to the site(s) must comply with all applicable laws and must not: misrepresent its relationship with Designed with Amore, present false or misleading information about Designed with Amore, or contain content that is reasonable considered profanity, defamatory, vulgar or unlawful.
Use of property photos or material on the website. Any photo of original artwork created by Designed with Amore contained on this website, is solely property of Designed with Amore, and may not be used by any other business without written permission. The use of photos in locations such as social media (including but not limited to Pinterest, Facebook, Instagram), is allowed only when Designed with Amore is notified either via tag or private message on the specific venue/platform/social media.
CLIENT TERMS AND CONDITIONS
A third party/person becomes a “Client” where any service or product is purchased from Designed with Amore “Vendor”. All Designed with Amore’s Clients agree to the following Terms and Conditions.
Cost, Fees and Payment
Cost. The total cost (“Total Cost”) for all Services is due in full before printing and production. The first payment is a non-refundable retainer. At a minimum, Client agrees that the retainer fee fairly compensates Designed with Amore for committing to provide the Services and turning down other potential projects/clients. Major credit cards and paypal are accepted as payment methods, Client is responsible for representing and warranty that the credit card information provided are valid, correct and complete. Client will pay all charges incurred such as applicable taxes, if any.
Payment terms. All prices posted on this site are subject to change without notice. The price charged for the product or service purchased by Client, will be the price in effect at the time the bulk order arised from that sample, is placed.
Unless otherwise specified, prices listed on this site are only valid for quantities of 50 pieces minimum. Prices listed are valid for samples and may or may not change on full orders. Listed prices do not include taxes or charges for shipping and handling. Client will have notice of such prices in the order proposal.
Designed with Amore is not responsible for pricing, typographical or other errors in any offer, and Designed with Amore reserves the right to cancel any order arising from such errors.
Exclusivity
Client understands and agrees that he or she has hired Designed with Amore exclusive of any other service provider. In order to provide a high level of satisfaction and quality of service, no other service providers, other than any assistant or third party that Designed with Amore hires to complete the Services outlined in this Agreement, are permitted to provide the same or similar services or products, paid or unpaid, at the locations and dates specified in this Agreement.
Intellectual Property
Copyright Ownership. In the event that any copyrighted work(s) are created as a result of the Services provided by Designed with Amore, Designed with Amore 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 Designed with Amore and may be used in the reasonable course of Designed with Amore’s business.
Permitted Uses of Product(s). Designed with Amore grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Designed with Amore with attribution each time Client uses Designed with Amore ’s property. Personal use includes, but is not limited to, use within the following contexts:
In photos on Client’s personal social media pages or profiles; or
In personal creations, such as a scrapbook or personal gift; or
In personal communications, such as a family newsletter or email or holiday card.
Artistic Release
Style. Client has spent a satisfactory amount of time reviewing Designed with Amore’s work and has a reasonable expectation that Designed with Amore will perform the Services in a similar manner and style unless otherwise specified in this Agreement.
Consistency. Designed with Amore will use reasonable efforts to ensure Client’s desired Services are produced in a style and manner consistent with Designed with Amore ‘s current portfolio and Designed with Amore will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:
Every client and wedding is different, with different tastes, budgets, and needs;
Services are often a subjective art and Designed with Amore has a unique vision, with an ever-evolving style and technique;
Designed with Amore will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions;
Although Designed with Amore will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Designed with Amore shall have final say regarding the aesthetic judgment and artistic quality of the Services;
Dissatisfaction with Designed with Amore ‘s aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.
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 Designed with Amore .
Vendor Responsibilities and Liability: A final contract will be sent to the Client before bulk production. The contract includes the full proofs as finals and approval by Client is mandatory to start production. Client agrees to carefully review the aforementioned contract in all its components and pieces, and sign whereas approved; this will give Designed with Amore permission to print all pieces as appearing on the aforementioned contract. Designed with Amore is not responsible for any mistakes or misspellings present on the signed aforementioned contract, Client understand that by signing that contract, they hold all responsibility for any eventual mistake
Loss of Product. In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Designed with Amore shall refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.
Indemnification. Client agrees to indemnify, defend and hold harmless Designed with Amore 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) Designed with Amore provides to Client.
Timelines and rush orders
Client agrees to review and understand the time lines suggested by Designed with Amore. Client may request reasonable changes to the time line, with a minimum of 3 weeks notice.
Orders will be considered Rush orders if Client requests to have the deliverables by 5 week from beginning of process, or 3 weeks from sign off contract signature. Rush orders must be requested via email and may or may not be accepted depending on Designed with Amore’s availability. Rush orders will be charged an additional 20% fee minimum on the order total (charged separately).
Shipping and Delivery
Client can request to pick up the deliverables at the Designed with Amore’s location, or have the deliverables mailed via parcel to the Client’s shipping address. All costs related to shipping including customs are to be paid by Client. Parcels are sent via usps priority or fedex ground, unless requested otherwise by the Client, Designed with Amore is not liable for any damage, loss or stolen product.
Damage, loss or stolen product. Title and risk of loss pass to Client upon transfer of the product to the carrier. Shipping and delivery dates are estimates provided based on the carrier estimates and cannot be guaranteed. Designed with Amore is not liable for any delay in shipments, nor is Designed with Amore required to refund orders lost in the mail. Client agrees to notify Designed with Amore of a non-delivered package or a missing or damage package within 5 business days from delivery note. Designed with Amore exercises reasonable care to choose the carrier to best suit the delivery and may refund a lost or damage parcel only after a claim is filed and won with the carrier. Designed with Amore and Client agrees to cooperate to provide any possible damage proof if necessary (photos, label copies etc.).
Order acceptance and Cancellation
If Client desires to cancel, reschedule or delay Services, Client shall provide notice to Designed with Amore as soon as possible.
If the cancellation request happens during the initial proofing process following the deposit, due to the nature of the latter, the deposit will not be refunded and will be retained as rendered graphic services.
If the cancellation request happens after the printing sign off has been signed, Designed with Amore will not be obligated to refund any monies Client has paid.
Impossibility
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. In the event Designed with Amore cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:
Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and
Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and
Excuse Client of any further performance and/or payment obligations in this Agreement.
General Provisions
Governing Law. The parties have entered into this Agreement in the state of Michigan and agree that the validity, interpretation, and legal effect of this agreement, as well as any dispute arising out of the agreement, shall be determined in accordance with the laws of the state of Michigan, United states of America.
Severability. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.
Notice. Parties shall provide effective notice (“Notice”) to each other via email. Client shall notify Designed with Amore of any notice to [email protected]
