Custom Stationery Contract

1. Payment

A non-refundable retainer of the design fee is due at the time of order. The CLIENT has read and understands the cancellation policy as listed. Design work will not commence until an executed contract and retainer are received. The second half of the payment will be due after final proof approval and before the order is sent to print.

All orders must be paid in full when the CLIENT's Final Design Release Form is signed and received. The CLIENT's order will not go to print until the remaining balance is paid.  Should final payment and/or design approval not take place, the CLIENT forfeits retainer, and the contract is terminated. Payment can be made by cash, check/ money order, or through an online invoice.

2. Style

The CLIENT has spent a satisfactory amount of time reviewing Em Paper Co.'s work and has a reasonable expectation that Em Paper Co. will perform the Services in a similar manner and style unless otherwise specified in this Agreement.

CLIENT understands and agrees that Em Paper Co. has a unique vision for every client and grants Em Paper Co. creative freedom to produce work based on agreed-upon inspiration. Em Paper Co. will use artistic judgment, experiential knowledge, and budgetary boundaries when providing Services for CLIENT, which may not include strict adherence to CLIENT’s suggestions. Although Em Paper Co. will use reasonable efforts to incorporate CLIENT’s suggestions and desires when providing CLIENT with the Services, Em Paper Co. shall have final say regarding the aesthetic judgment and artistic quality of the Services. Dissatisfaction with Em Paper Co.'s aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or refund requests.

3. Timeline

A timeline and estimated completion date will be provided to the CLIENT after the retainer is paid. Em Paper Co. will strive to work within this timeline, but it is important for the CLIENT to also cooperate in a timely manner by completing questionnaires and providing feedback in a timely manner. Em Paper Co. will not be responsible for not meeting deadlines due to delayed client action or response. Estimates are created on a per-project basis and can be changed based on design changes, upping the quantities, paper choices, etc.

4. Rush Fee

Orders may be considered RUSH if they are needed within an 8-week turnaround. Rush orders are accepted depending on availability and the requirements of the project. Rush orders will add a charge of $250 or 15% to the CLIENT's order total, whichever is greater. 

5. Proofing

Once the CLIENT's retainer, necessary questionnaires, and contracts are received, the design process begins. Em Paper Co. will send the CLIENT a series of digital proofs via Honeybook or email. Em Paper Co. will design based on our initial consultation and any other conversation we have throughout this process. The CLIENT's proof is not complete until the CLIENT says it is.

CLIENT understands that Em Paper co. 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 days of receiving each design round so that Em Paper Co. 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 Em Paper Co. after more than 3 days of receiving a design round, the project might be subject to a delay, which could result in rush fees for CLIENT.

All proof edits require 2-4 days depending on the changes and the busy season. Also note, that the CLIENT's timeline will be updated if additional proofs are needed. If there are large changes to the CLIENT's design during the proofing process, a new cost proposal and timeline must be approved. Every item must be proofed, even single prints, and given the CLIENT's approval. If the CLIENTS don’t see an item in his/her proof, it will not be printed. If any color shown is drastically different than the CLIENT requested, it is his/her responsibility to notify Em Paper Co.

A REVISION IS NOT A REDESIGN. A complete redesign or new custom artwork may require additional design fees based on the scope of the project. Artwork revisions are limited to color changes, minor details or placement within the design. Please note that new artwork added after the sketch proof will require additional design fees. Em Paper Co. will notify CLIENT if revisions are outside the scope of the project.

Due to the nature of the design process for personal event stationery, there may be names or places that are not familiar to Em Paper Co. It is the CLIENT'S responsibility to carefully review your proofs for any error. That includes spelling, grammar, website URLs, phone numbers, directions, information, etc. CLIENT will then provide CLIENT’s consent for moving forward with printing by signing off on the Proof.

Once approval for the final Proof is received, CLIENT consents to give Em Paper Co. full permission to print all pieces as they appear on the final Proof. No further changes can be made and VENDOR will not be held responsible for any errors found after CLIENT grants approval. Em Paper Co. cannot be held responsible for designs that were approved by CLIENT and then printed with an error that CLIENT did not see. Any reprinting costs will be the responsibility of CLIENT.

6. Guest List & Quantities

A guest list template spreadsheet will be provided by Em Paper Co. and must be completed and received by the CLIENT no later than final approval. The guest list will be used by Em Paper Co. for guest addressing on envelopes. A spreadsheet template will be provided with instructions. The instructions include addressing etiquette for beautifully addressed envelopes. However, Em Paper Co. will print names and addresses verbatim from the spreadsheet and cannot be responsible for errors submitted in the spreadsheet template. An additional fee applies for envelope addressing. Errors in quantity estimates made without the guest list completion may incur additional costs.

All invitations must be ordered in increments of 5. A minimum of 50 invitations is required. It is recommended that you order a minimum of 15% extra for keepsakes and any last-minute guests.

If the CLIENT would like to change the quantities after receiving the final order in-hand, there will be a setup fee of $100 plus a printing fee. If the CLIENT would like to change the quantities after I have received the Final Design Release Form, depending on where the printers are in the CLIENT's print run, Em Paper Co. may be able to add the quantities to the CLIENT's order without a setup fee. If this is the case, then there wouldn’t be a setup fee, just a printing fee. If the printers are not able to add in the CLIENT's additional quantities without setting up again, then there will be a $100 setup fee plus the printing cost.

7. Production

Em Paper Co. cannot be held responsible for materials that are out of stock, back ordered, 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 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 are to be expected.

Em Paper Co. is solely responsible for printing and producing the work for CLIENT, and will not release any editable files to CLIENT such as Photoshop files, Illustrator files, InDesign Files, Procreate files, etc. 

Due to the handmade nature of the goods created and purchased, the CLIENT understands there may be very slight variations in each item. Em Paper Co. does offer assembly & mailing services if the CLIENT so chooses. The original quote does not include postage so that will need to be invoiced separately if the CLIENT chooses to have Em Paper Co. assemble and mail their invitations.

If handwritten calligraphy envelope addressing is included in the Services to be rendered, CLIENT understands that the appearance of hand-addressed envelopes will vary from that of printed addresses. CLIENT understands that the appearance of each hand-written address will change depending on letter and word count. Please have this expectation set when ordering handwritten calligraphy Services. CLIENT understands that each envelope is a single work of art and should be appreciated as such.

8. Extend Use & Copyright Ownership

All proofs and design elements are the intellectual property of Em Paper Co. 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.

All custom designs created by Em Paper Co. are owned by Em Paper Co. The custom designs cannot be printed by the bride, groom, parents of the couple, or any third party other than Em Paper Co. This includes crests, stationery artwork, motifs, patterns, illustrations, design elements, and calligraphy. Exceptions can be made if Em Paper Co. gives an extended license of the artwork to CLIENT. Please note that Em Paper Co. utilizes professional printing and production companies, which will allow CLIENT's designs to be created in a professional and quality manner, so it is recommended to order any and all corresponding pieces through VENDOR.

Em Paper Co. 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 Em Paper Co. and may be used in the reasonable course of Em Paper Co.’s business. CLIENT acknowledges that Em Paper Co. has the right to also use images, design elements, calligraphy, etc. from any portion of the work for portfolio or marketing purposes. CLIENT may request that Em Paper Co. delay posting photos or imagery publicly until after the event date.

Em Paper Co. represents that Em Paper Co. 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 Em Paper Co.’s work does not violate the patent, copyright, trade secret, or other property rights of any person, firm or entity.

CLIENT promises that: (a) CLIENT owns the rights to use any design elements CLIENT gives Em Paper Co. (“CLIENT Content”); and (b) using such CLIENT Content does not violate the patent, copyright, trade secret, or other property rights of any person, firm or entity. CLIENT promises to grant Em Paper Co. a nonexclusive, non-transferable license to use, reproduce, modify, display, and publish CLIENT Content solely in connection with Em Paper Co.’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.

9. Shipping

All shipping and postage costs will be assumed by the CLIENT. Ground shipping costs are a flat rate of $25 per box in the US and are shipped through UPS, which will be included in the CLIENT's invoice. Should the CLIENT wish to use another shipping method, please let Em Paper Co. know at the time of design approval. Alternative shipping methods must be paid in full before shipment. 

Em Paper Co. is not responsible for any damages to items once out of possession, including damages or loss incurred as a result of postal equipment, shipping equipment, inclement weather, or other situations beyond the Business Owner's control. Em Paper Co. will carefully package everything to avoid damage, but if the CLIENT's products suffer damage in transit, the CLIENT must file a claim against the carrier (USPS, UPS, FedEx, etc.) to recover the value. Em Paper Co. will try to re-print the order as quickly as possible as a service to the CLIENT, but Em Paper Co. will have to charge the CLIENT the full price for the replacement. International packages will be charged accordingly. Em Paper Co. will fully insure all packages. Em Paper Co. is unable to provide tracking updates beyond the information that third-party mail carriers release.

Postage is the responsibility of the client unless otherwise stipulated in the contract. The seller makes no implied claims or warranties for the cost of postage to mail products.

10. USPS Direct Mailing Disclosure

In the event that Em Paper Co. is hired by CLIENT to mail the invitations for the guest through the USPS Postal Service, CLIENT agrees and understands that Em Paper Co. cannot be held responsible for any mailed items that are damaged by USPS, as they are an independent third party. Em Paper Co. also cannot be held responsible for any invitations that are marked "return to sender" or lost by the USPS Postal Service.

The USPS reads envelopes electronically. If handwritten calligraphy is used for the envelopes, some addresses or styles will be more or less difficult to read when sorted through USPS machines. Any address that cannot be read by the machine will likely be hand-inspected. If the address still cannot be delivered, it will be returned to the return address on the mailed stationery. Em Paper Co. is not responsible for resending, reprinting, or reimbursing for invitations or addresses that do not make it to their intended address. As with any mass mailing, it is expected that 1-3% of the mailed pieces may be marked undeliverable. CLIENT is responsible for checking CLIENT’s address list to minimize this possibility. CLIENT may wish to order extra pieces for this reason. CLIENT understands it can take USPS anywhere from a day to 3 weeks or more to deliver a piece of mail, and it is out of Em Paper Co.’s control.

11. Cancellation and/or Non-Responsive Clients

If CLIENT desires to cancel Services, reschedule Services, or if it becomes impossible for Em Paper Co. to render Services 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, CLIENT shall provide notice to Em Paper Co. as soon as possible. Em Paper Co. has no obligation to attempt to re-book further Services to fill the void created by CLIENT’s cancellation, rescheduling, or no-show if it becomes impossible for Em Paper Co to provide the Services due to the fault of CLIENT (or parties related to CLIENT). Em Paper Co 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 canceled Services, rescheduled Services, failing to communicate, or should it become impossible for Em Paper Co to provide the Services due to the fault of CLIENT (or parties related to CLIENT) unless both CLIENT and Em Paper Co otherwise agree in writing.

If the CLIENT decides to cancel the job prior to any part of it going to press, the CLIENT agrees to forfeit his/her retainer. Cancellations after the job have been sent to the press will not be accepted. All quantities of each item provided in the final design release are covered by this clause upon acceptance of this contract. Any quantities lowered or items canceled are at the sole discretion of Em Paper Co. and will constitute a forfeiture of that portion of the invoice.

CLIENT or Em Paper Co. 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:
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 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.

12. Severance by Em Paper Co.

In the situation where CLIENT and Em Paper Co. no longer see eye-to-eye in regards to the project and cannot reach a cordial agreement about next steps, Em Paper Co. 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. Em Paper Co. reserves the right to keep all non-refundable retainers.

13. Miscellaneous Terms

This Agreement constitutes the complete and exclusive agreement between Em Paper Co. and CLIENT concerning the work on this project, and it supersedes all other prior agreements, proposals, and representations, whether stated orally or in writing. This Agreement can be modified in writing, if both CLIENT and Em Paper Co. sign off on the amendment. 

CLIENT agrees that Em Paper Co. is an independent contractor and not CLIENT’s employee. Although CLIENT will provide general direction to Em Paper Co., Em Paper Co. will determine, in their sole discretion, the manner and ways in which the design(s) are created for CLIENT. The work that Em Paper Co. creates for CLIENT under this Agreement will not be deemed a “work-for-hire”, as that term is defined under U.S. Copyright Law. Whatever rights Em Paper Co. grants to CLIENT are contained in this Agreement. By signing this agreement, CLIENT and Em Paper Co. agree to: (a) to all of the terms and conditions of this Agreement and (b) that they both have the full authority to enter into this Agreement. This Agreement is effective as of the most recent date that appears in CLIENT signature box at the bottom of this Agreement.

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 Florida without regard to any principles of conflicts of laws.  The federal and state courts in the State of Florida 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 Em Paper Co. for the Services performed under this Agreement.

14. Severability/Waiver

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 Em Paper Co. 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.

Em Paper Company is committed to providing custom high-quality wedding invitations and event stationery. We genuinely care about the quality of our work and the satisfaction of our clients. We truly understand the importance of your stationery and want your finished product to be a reflection of you and your event. These terms and conditions are meant to protect you and to clarify the policies of Em Paper Co. We appreciate and value your business.