The Designer agrees to produce project materials (the “Work”) at the request of the client for fees agreed upon in advance and delivery of the Work by an agreed upon deadline all as described and approved by Client in the dated Job Estimate. Client will cooperate with Designer in the review and editing of the Work prior to completion and production.
Terms of Payment
By submitting an order, Client agrees to pay for services incurred before the order and photos are returned. Client agree that the order submitted shows an estimate only and the final charges may be more depending on the actual number and types of photos submitted or services and products purchased. Client agrees to pay Designer 50% of the total project cost before any services are provided, and the remaining 50% is to be paid after artwork approval and before work is sent out for production. Work will not be sent for production until payment in full is received.
Designer is not responsible for any over the limit, overdraft or other bank fees that may be incurred from Client’s bank as the result of charging Client’s credit or debit card. If Client files a charge dispute (commonly known as a chargeback) with their credit card company Designer is immediately charged a fee. If Designer wins the dispute, Designer will charge that fee back to Client plus a handling fee of $50.
Designer is responsible for the payment of all federal, state, and/or local taxes with respect to the services performed for the client as an independent contractor.
Upon approval of the Work, Client shall be responsible for all agreed upon costs incurred as a result of production (e.g., printing, mounting, etc.).
Designer shall be allowed to extend the deadline if Client does not provide approval or response to Designer inquiry in a timely fashion, or due to causes beyond the Designer’s control.
Designer acknowledges that he/she may receive or have access to information which relates to Client’s past or present life events and agrees to protect the confidentiality of Client’s information whether disclosed to Designer before this Agreement is signed or afterward. Unless strict confidentiality is requested by Client in advance of the establishment of this contract, Designer can display materials and final work created for Client on Designer’s website (https://always-remember.com/).
The Always Remember website and service uses the data Client provides in order to process orders, e-mail updates and payment information and occasionally send offers and product information. Client can easily remove their e-mail from further offers and product information e-mails, but Designer will always communicate with Client via e-mail about orders in process. Designer does not share nor sell Client data to any 3rd parties.
Limitations of Liability
Designer expenses and restitutions for lost or damaged materials while in Designer possession can never exceed the raw cost of the materials or $100, whichever is less. Designer is not liable nor responsible for any materials not in Designer’s possession. Items lost or damaged while in transit are the responsibility of the carrier’s company and are subject to that company’s terms.
Client understands and agrees that the submission of any photos to Always Remember is done at Client’s own discretion and risk and that Client will be solely responsible for any loss or damage to Client photos. Always Remember does not assume any responsibility for any loss, physical, or personal damage, or any other type of damage that may in any way result from the use of its services. Always Remember shall assume no responsibility nor liability, for damage, loss, delay or irregularity to persons or property in connection with third parties over which Always Remember has no control.
Except as expressly provided in the preceding paragraphs, to the fullest extent allowed by law, Always Remember (its owners, associates, agents and employees) shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, even if Always Remember has been advised of the possibility of such damages.
Both parties understand that Client or Designer may terminate the service at any time if, for any Both parties understand that Client or Designer may terminate the service at any time if, for any reason, the relationship is deemed unsatisfactory by either party. All cancellations must be submitted in writing, either via hard copy addressed to the address set forth in the Job Estimate, or electronically to the e-mail addresses of the parties as set forth in the Job Estimate. Upon written cancellation, Client is responsible for payment for all expenses incurred and any work done towards the completion of the project based on the percentage of the project completed that is determined by Designer. Should Client cancel the project following its completion, Client is responsible for full payment as per the agreed upon quotation plus all expenses incurred. In the event of cancellation prior to production, Designer retains ownership of all digital designs and Client is responsible for payment of the percentage of the project completed. If photo scans were completed prior to cancellation request, digital photos will be available to Client in return for payment in full for that portion of the job.