By placing your order, or visiting this site, you are confirming that you are legally capable of entering a legally binding contract, and have read and agree to the terms and conditions set forth below. This agreement between the purchaser or visitor (hereafter known as CLIENT, “you” and “your(s)”) and Boone and June, LLC (hereafter known as VENDOR, “we” “us” and “our(s)”) is legally binding, and outlines the scope of work and description for semi-custom event stationery and associated products (“Services”).
VENDOR is not responsible for CLIENT not receiving the information collection form or any communications due to technical error such as, but not limited to, spelling errors in the email address provided by CLIENT, or communications that are sent to junk email folders. In the event that CLIENT does not receive any expected communication set forth in these terms, it is CLIENTs responsibility to contact VENDOR to inform and request any missing communication. VENDOR is not responsible for any delays incurred due to missing communication. STYLECLIENT has spent a satisfactory amount of time reviewing VENDORs work and has a reasonable expectation that VENDOR will perform the Services in a similar manner and style unless otherwise specified in this Agreement. In reference to any custom artwork designed or created by VENDOR, CLIENT understands and agrees that VENDOR has a unique vision for every client and grants VENDOR creative freedom to produce work based on agreed-upon inspiration. VENDOR will use artistic judgment, and experiential knowledge when providing Services for CLIENT, which may not include strict adherence to CLIENT’s suggestions. Although VENDOR will use reasonable efforts to incorporate CLIENT’s suggestions and desires when providing CLIENT with the Services, VENDOR shall have final say regarding the aesthetic judgment and artistic quality of the Services. Artwork that requires photo(s) in order to be completed, will require photo(s) to be supplied by CLIENT. If CLIENT fails to provide high quality images to be used for the creation of any artwork, or if the photo(s) can not be used for any reason, VENDOR may select and use images that are readily available on the internet. Dissatisfaction with VENDOR's image choice, aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or refund requests.
DESIGN ROUNDS & REVISIONS
VENDOR agrees to complete and send a digital proof to CLIENT electronically within 7-10 business days after CLIENT has submitted all necessary information for personalization. This digital proof is to be approved by CLIENT prior to anything being printed or delivered to CLIENT. Personalized elements, including but not limited to hand illustrated monograms, venue illustrations, crests, maps, or pet portraits will add 4-6 weeks of additional design time prior to the digital proof being sent. CLIENT is allowed up to two revision periods to tweak small nuances of the design. Revisions include: changing font colors, and sizing and placement of certain elements. A revision does NOT include: changes in font type, handwritten script that has already been digitized or hand-drawn/painted/custom-created elements that were made specifically for the design. Additional fees may apply if these elements are required to be re-done or created again for any reason. Should additional revisions be required outside of the two included, devision rounds may be billed at a rate of $75 per revision round.A REVISION IS NOT A REDESIGN. A complete redesign or new custom artwork may require additional design fees and time based on the scope of the project. Artwork revisions are limited to minor color adjustments, minor details or placement within the design.
CLIENT understands that VENDOR cannot send the final items to CLIENT unless timely feedback and approval of sketches and/or a finalized design is received. CLIENT agrees to provide timely feedback within 3-5 business days of receiving each design round so that VENDOR can understand CLIENT’s concerns, objections, or corrections that need to be made to the design(s). CLIENT understands that if feedback is returned to VENDOR after more than 3-5 business days of receiving a design round, the project might be subject to a delay, which could result in rush fees for CLIENT.VENDOR agrees to make changes to the design(s) in response to the feedback provided during the revision period, in accordance with the guidelines laid out in the “Design Round and Revisions” section of this Agreement. CLIENT promises not to unreasonably withhold approval of design(s).Final say for any feedback must come from CLIENT directly through the designated form within our client management software, Dubsado. Changes that are submitted via email, text, phone call, DM, or any other communication funnel other than the designated form for a design round are subject to being lost and cannot be the responsibility of VENDOR.Unless specified at the beginning of the process, VENDOR reserves the right to refuse feedback from anyone that is not CLIENT, such as a relative, family friend, wedding planner, etc. If CLIENT intends on looping his/her wedding planner into the design process, this must be disclosed to VENDOR before the design process begins.FINAL PROOF FOR PROJECTDue to the nature of the design process for personal event stationery, there may be names or places that are not familiar to VENDOR. VENDOR will provide CLIENT with a Final Proof, hereby referred to as “Final Proof”, for CLIENT to review all included design pieces for spelling errors, grammar errors, or other errors that need to be corrected. VENDOR is not responsible for any errors caught after the Final Proof has been submitted. Any reprints or reorders as a result of any error that is approved in this form will be done so at the expense of the client. Once CLIENT has carefully reviewed every last detail of the Final Proof and sees no errors, CLIENT will then provide CLIENT’s consent for moving forward with printing by signing off on the Final Proof. Once approval for the Final Proof is received CLIENT consents to give VENDOR full permission to print all pieces as they appear on the Final Proof. No further changes can be made after CLIENT grants approval.
PRINTING & PRODUCTION DISCLOSURE
VENDOR recommends ordering an additional 10% of printed pieces to account for any additional guests that may be added to the guest list or any keepsakes that family members may want.VENDOR cannot be held responsible for materials that are out of stock, backordered or discontinued, as these situations are out of VENDOR’s control. Should this situation arise, a suitable alternative will be suggested. Additional fees may occur if alternative material is not of equal value.All digital screens are all calibrated differently, and the colors showcased in digital mockups or proofs may vary slightly when printed. With specialty printing such as letterpress and foil printing, minor variations in color, impression, and orientation are to be expected. The use of handmade paper comes with the expectation that variations in shape, color, texture and text orientation are natural characteristics and the result of using a handmade product.VENDOR is solely responsible for printing and producing the work for CLIENT, and will not release any editable or non-editable files to CLIENT such as Photoshop files, Illustrator files, InDesign Files, Procreate files, etc. under any circumstances.
CHANGE OF SCOPE
If materials are changed and/or additional pieces are added to the order, this indicates a change of scope for the project. VENDOR will present CLIENT with new invoice totals as soon as they are available. These changes must be made within the included rounds of approvals and before the Final Proof. Quantity changes after the Final Proof will result in a $75 restocking fee, along with the cost of the new materials. VENDOR reserves the right to set forth a minimum quantity required to order additional materials, as needed to fulfill the order.
Should CLIENT decide not to use custom artwork or other elements of the design that are purchased and agreed upon in the scope of work agreement, that have already been created at any point during the proofing process, CLIENT will still be responsible for paying the agreed upon amount for the custom artwork or design elements.There are times when agreed upon materials are discontinued or out of stock when VENDOR goes to order CLIENT's materials. In the event this happens, VENDOR will provide a suitable alternative within the same price range as the original materials. In the event CLIENT chooses something out of the price range, CLIENT is responsible to paying the difference between the two costs.
In the event CLIENT needs additional pieces to be printed outside the agreed upon quantity after materials have been ordered and delivered to CLIENT, VENDOR reserves the right to set forth a minimum quantity required to reorder additional materials, as needed to fulfill the order. VENDOR will provide invoice and include shipping costs. VENDOR is not responsible for suite assembly unless purchased as an upgrade by CLIENT.
EXTENDED USE AND COPYRIGHT OWNERSHIP
All proofs and design elements are the intellectual property of VENDOR. Proposals, quotes, and proofs may not be shared, copied, or imitated with or by any person. Exceptions are made only for parties directly involved with CLIENT's wedding, i.e. wedding planner, parents, significant other. The purchase of custom artwork does not entitle CLIENT to the receipt of any digital form of the artwork, nor does it entitle CLIENT to the receipt of any original or printed form of artwork outside of what has been agreed upon in the scope of work in this agreement.As all custom designs created by VENDOR are owned by VENDOR. The custom designs cannot be printed by the bride, groom, parents of the couple, or any third party other than VENDOR. This includes crests, stationery artwork, motifs, patterns, illustrations, design elements and calligraphy. An exception will be made only if VENDOR agrees to sell a limited license of the artwork to CLIENT. Limited licenses are $250 per design, per outside use, and sold at the discretion of VENDOR. VENDOR reserves the right to agree to or decline the sale of a limited license for the use of artwork for any reason. CLIENT understands that any unauthorized use of design elements will result in an invoice from VENDOR for the applicable licensing fees accrued, which must be paid in 10 business days to avoid VENDOR referring the unpaid amount to collections. CLIENT is responsible for any fees from unauthorized artwork usage.VENDOR owns all copyrights in any and all work(s) created or produced 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 VENDOR and may be used in the reasonable course of Vendor’s business. CLIENT acknowledges that VENDOR has the right to also use artwork, images, design elements, calligraphy, etc. from any portion of the work for resale, portfolio or marketing purposes. VENDOR reserves the right to share any process or final images during the design phase or at any point within the scope of the project on social media, website, blog, etc.VENDOR represents that VENDOR owns the rights to the designs that are created for CLIENT under this Agreement, or has secured such rights to any third-party content incorporated into the final design(s); and that VENDOR’s work does not violate the patent, copyright, trade secret or other property right of any person, firm or entity.CLIENT promises that: (a) CLIENT owns the rights to use any design elements CLIENT gives VENDOR (“CLIENT Content”); and (b) using such CLIENT Content does not violate the patent, copyright, trade secret or other property right of any person, firm or entity. CLIENT promises to grant VENDOR a nonexclusive, non-transferable license to use, reproduce, modify, display and publish CLIENT Content solely in connection with VENDOR’s work for CLIENT under this Agreement. CLIENT also affirms and represents that this Agreement does not conflict with any other contract, agreement or understanding to which CLIENT is a party.
VENDOR will provide Tracking and Shipping information to CLIENT once the designs have been printed, packaged, and shipped. All packages are shipped via UPS Ground, and subject to the delivery timelines determined by UPS. Once the item is shipped to CLIENT, VENDOR cannot be held responsible for damages, loss, delays, or other shipping circumstances. VENDOR is unable to provide tracking updates beyond the information that third party mail carriers release. Should a time sensitive order be delayed or not received by CLIENT once it has been shipped, VENDOR is not responsible for any refunds, reprints, or rushed orders as a result.
RUSH FEES AND EXPEDITED SHIPPING
Custom artwork requires concept creation, sketching, painting, proofing, printing, assembly and shipping. Failure to comply with suggested timelines and due dates may affect the delivery of and fees for the Service provided. To ensure delivery for CLIENT’s event, an additional rush fee of 15% of the total invoice will be applied if information and/or CLIENT Content is not received in a timely manner. VENDOR will outline all dates and timelines for information needed and will remind CLIENT if additional information is needed. Expedited shipping charges and rush fees will be billed in a separate invoice if incurred. CLIENT will be notified of any additional costs before billing.
VENDOR reserves the right to cancel or refuse the order for any reason including, but not limited to, incorrect items ordered, errors in pricing on the website, CLIENTs misunderstanding or misinterpretation of services to be provided, suspected unauthorized or illegal transaction due to theft, fraud or misrepresentation.
If services becomes impossible for VENDOR to render due to the fault of CLIENT or parties related to CLIENT, such as failure of the event to occur or failure to get information or CLIENT content needed in a timely manner, VENDOR will not be obligated to refund any payments CLIENT has previously paid towards the total cost. CLIENT is not relieved of any payment obligations for cancelled Services, or rescheduled Services, unless both CLIENT and VENDOR otherwise agree in writing.CLIENT or VENDOR may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the reasonable control of either party, such as, but not limited to:serious illness, death, a natural disaster (pandemics, 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 reasonable control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism; or any act outside of the reasonable control of either party such as a governmental authority, strike, lockout or labor dispute.
In the situation where CLIENT and VENDOR no longer see eye-to-eye in regards to the project and cannot reach a cordial agreement about next steps, VENDOR reserves the right to cancel the Agreement and gracefully part ways with CLIENT. CLIENT will be responsible for finding a different stationer to complete CLIENT’s design needs. CLIENT will not be provided with any of the work created during the design process including, but not limited to, working files in Photoshop, Illustrator, InDesign, Procreate, etc.
In the event a court of competent jurisdiction finds any of the provisions of this Agreement to be so over broad as to be unenforceable, such provisions may be reduced in scope by the court to the extent it deems necessary to render the provision reasonable and enforceable. If such provision cannot be so modified to be enforceable in any respect, such provision will not be given effect, and the remainder of this Agreement will be enforced as if such provision was not included. No failure or delay by CLIENT and VENDOR in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege under this Agreement.
RESOLVING LEGAL DISPUTES IN A COURT OF LAW
The validity of this Agreement and any of its terms and provisions, as well as the rights and duties of the parties hereunder, shall be governed, interpreted and enforced in accordance with the laws of the State of North Carolina without regard to any principles of conflicts of laws. The federal and state courts in the State of North Carolina shall have exclusive jurisdiction to hear and determine any claims, disputes, actions or suits which may arise under or out of this Agreement. The parties agree and voluntarily consent to the personal jurisdiction and venue of such courts for such purposes. If a party institutes a legal action to enforce this Agreement, the prevailing party shall be entitled to reimbursement by the non-prevailing party for all costs and reasonable attorney’s fees incurred in that action. CLIENT agrees that the maximum amount of damages CLIENT may be entitled to relating to any claim under this Agreement shall not exceed the total amount of fees paid by CLIENT to VENDOR for the Services performed under this Agreement.