By using our service and/or this site, you agree to accept these Terms and Conditions.  Before you begin services with Sincerely Posh (herein referred to as “we”, “us”, “Sincerely Posh”, “Diva Impression”, or “Creative Impression Designs”), please read the following Terms of Service carefully.  If you proceed with our services, this means that you agree to these Terms.  These terms apply even if your order is placed through a Client service representative over the phone as well as all of our Online Services. If you do not agree with our Terms and Conditions, please do not use our website. This will constitute a binding agreement between you and Sincerely Posh.  Note that any violation of these Terms may result in termination of our Service to you.

 

Sincerely Posh reserves the right to change these Terms from time to time without prior notice. Beginning work with us means you understand and agree to our Terms of Service.

 

Placing an Order.  At the time an order is placed, your credit card is immediately authorized for the full amount of your purchase unless a deposit amount is given to you. Your order submission permits us to authorize your credit card as we begin work immediately on your order. Any changes to your order that affect the amount of your purchase will result in a new authorization for the revised amount.

 

Once an order has been submitted, you will receive a confirmation email or invoice. Our emails are automatically generated, and some email providers may sort our messages as junk or spam mail. If you have not received your confirmation email, please check your junk or spam mail folder. If you cannot locate your confirmation email there, your email address may have been entered incorrectly. Please contact us to confirm your order. Once the order is placed, your credit card is immediately authorized. Order submission permits us to authorize your credit card as we begin work immediately on your order. Sincerely Posh may be required to charge sales tax.

 

Copyright.  All material sold on our site is copyrighted.  These copyrights belong to Sincerely Posh, Diva Impression, and Creative Impression Designs.

 

Trademarks.  Sincerely Posh is trademarked.  You may not use any of these logos without the written permission of the owner.

 

Description.  The Designer agrees to create the designs in accordance with the following specifications:

 

Term of Proposal.  The information contained in these proposals is valid for 30 days.  Proposals approved and/or signed by the Client are binding upon the Designer and Client beginning on the date of the Client’s signature.  All fees and costs are estimated.  The Designer’s ability to meet deadlines is predicated upon the Client’s provision of all necessary information and approvals in a timely manner.  Changes in the scope of the work and/or project specifications may require a revision to the information.

 

Invoicing & Payment.  All invoices are sent via email unless otherwise requested by the client.  If there is an issue with the amount of the invoice, please notify the Designer before work conception.  Customized projects require a deposit of at least 30% unless otherwise noted by the Designer.  This deposit is due before project commencement and is non-refundable.  Reimbursable expenses incurred for the projects, such as photo’s, illustrations, photography, additional revisions and changes, research, shipping cost, printing, and other out of pocket expenses are tracked and added to the invoices for reimbursement but not without the Client being aware.  The Client agrees to pay the Designer within 30 days of the date of Designer billing, which shall be dated as of the date the project is completed.  Payment in full is due before the Client will receive the completed design.  In the event that work is postponed at the request of the Client, the Designer shall have the right to bill pro rata for work completed through the date of that request, while reserving all other rights under this Agreement.  Overdue payments shall be subject to interest charges of 10% monthly.

 

Schedule of Payment.  Fee billing 30 percent upon project commencement and 70 percent upon completion of the design before designs are given to the Client.  If Designer is supplying the Printer, fee billing 30 percent of the design fee is due upon project commencement, full price for the print job is due before being sent to the printer, and 70 percent of design fee is due upon completion of the design before designs are given to the Client.  After the design has begin, all payments made to the Designer from the Client are non-refundable.  If the Client is purchasing a pre-designed project, payment in full is due at the time of ordering.

 

Termination Policy.  Client and Designer may terminate the project before signing this proposal without a fee.  If cancellation occurs after a proposal is signed that is not agreed upon by the Designer, then the Client is responsible for all expenses incurred to date and a fee will occur of 25% of the design fee and is non-refundable.  In the event of cancellation, the Designer shall own all rights in the Designs services.  The billing upon cancellation shall be payable within thirty days of the Client’s notification to stop work or the delivery of the Designs, whichever occurs sooner.  If the client decides to cancel a pre-designed item after it has been sent to the printer, the client is responsible for full payment and a refund will not be made.  If the client cancels a pre-designed item before it is sent to the printer and before any design work has begun, a refund will be made as long as production hasn’t started.  A 10% fee will be billed if the order has already made it to production but before being sent to be printed.

 

Billable Items.  In addition to the fees and costs estimated herein, costs incurred for the outside services, messengers and courier services and are billable will incur a markup fee as follows:  designs up to $500 will have a 10% markup fee, designs $500-$1,000 will have a 5% markup fee, and prices over $1,000 will have a 3% markup fee.  Wherever applicable, state and local taxes will be included in Billable Items.  Travel expenses may be billed additionally.

 

Your submissions.  Under these Terms, you may NOT place any of the following material or obtain any such material using the Service:

 

• Any threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under applicable law. Sincerely Posh recommends you use an “adult-content” warning label when pictures are being shared that include legal adult content;

• Any material that could infringe rights of privacy, publicity or copyrights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material;

• Any material sent from an anonymous or false address.

 

While Sincerely Posh is not responsible for the content of the submissions, Sincerely Posh reserves the right to delete, move or edit submissions that it, in its sole discretion, deems abusive, defamatory, obscene or in violation of copyright or trademark laws or otherwise unacceptable. Sincerely Posh may request confirmation of the copyright or trademark ownership from the submitter. Sincerely Posh reserves the right to suspend the shipping of an order before such confirmation is received. Sincerely Posh does not receive any such confirmation or if there are continued claims of copyright or trademark infringement, Sincerely Posh reserves the right to share certain account information with governmental organizations or other third parties. If you dispute any copyright or trademark infringement claims, we will share with you the contact information of any party claiming any such infringement. In the event of any such dispute, Sincerely Posh reserves the right to suspend the display, viewing, or sharing of any submissions until the issue has been resolved. You acknowledge that any submission may be removed, published, copied, modified, transmitted, and displayed by Sincerely Posh for the purposes of delivering the offered services. In addition, you warrant that all moral rights in any uploaded materials have been waived.

 

Your physical or electronic sharing of your images constitutes permission for reprinting by the recipient.

 

Sincerely Posh will not be liable for the content of any submission.

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Purchasing.  All purchases made on the Client’s behalf will be billed to the Client.  The Client is responsible for all expenses incurred by the job.  The Client agrees to reimburse the Designer for all expenses of production as well as related expenses including but not limited to illustrations, photography, travel, models, props, and messengers.  In all cases, such prices will reflect a markup fee as follows: purchases up to $500 will have a 10% markup fee, purchases between $500-$1,000 will have a 5% markup fee, and purchases over $1,000 will have a 3% markup fee.  All prices for purchases must be made before purchase.  Charges for sales tax, insurance, storage, and shipping and handling are additional to the price of each purchase.  In the event the Client purchases materials, services, or any items other than those specified by the Designer, the Designer is not liable for the cost quality.

 

Third-Party.  The Designer is not responsible for delays that are caused by third parties:  the printer, the service bureau, delivery company, etc....  Also, if the Client decides to choose its own Printer, Designer and/or Photographer is not responsible and has no control of the quality, color differentials, etc.... of the print work.  We may provide links to third-party sites that might be of interest to you. We have no control over the content or availability of the contents of these sites. It is your responsibility to become familiar with each site’s privacy and other policies and terms of service and to contact that site’s Webmaster or site administrator with any concerns.

 

Proof.  A signed proof may be necessary before work can be completed.  Requests must be made for a revised proof.  Designer is not responsible for errors if the Client doesn’t point out the error when returning a signed proof to the Designer or if Client asks for changes without the submission of proof.  An electronic signature will be taken and is binding.  Please understand and note there may be some variance between the color on proofs submitted to the client and the color on a finished project.

 

Change Orders.  If this is not due to any fault on the part of the Designer, an additional fee may be charged.  If the Designer objects to any revisions to be made by the Client, the Designer shall have the right to have his or her name removed from the published Designs.  Work Change Orders will be issued for additional work and changes requested after approvals or commencement of work. WCO’s include a description of the change/addition requested, estimated additional costs, and changes to work schedules/project completion. Client’s signature is required on WCO’s to proceed with changes/additions.  Work change orders that occur after project Design have been completed, will result in additional cost.  Work change orders that occur after printing has started will result in additional costs in printing for the work that has already been printed.  The Designer will show the finished design to the Client upon completion.  The Client is to check for changes, mistakes, or misspellings.  If the Client signs off on the designs & the project is sent to a printer, the Client will be responsible for the additional cost in printing if a mistake or change is found after the printing process is finished.

 

Digital Design Files. All of my files are for PERSONAL USE ONLY and remain the copyright of Sincerely Posh. You can use the digital design files for making your own personal project with it and make printed items for your family and friends. You can NOT share, resell, give, transfer, or redistribute Sincerely Posh designs. None of the digital files can be sold in any way. I do not allow my files to be uploaded to third-party companies, third-party print shops, or Print on Demand websites. 

 

Commercial License. My Digital Design Files can fall under 3 categories: Personal Use Only, Commercial License Designs, or Commercial Free Designs. I support small business owners who run their business in-house. Please make sure you are purchasing with the correct license before using in your own store.  Personal Use Only means the copyright of the design remains with Sincerely Posh. Products purchased under this license can be used to create personal items for yourself, family, and friends. Files can not be resold, shared, or used for products in your store. Commercial License means you can sell your items with my designs on them. This license can be purchased separately. Commercial Free Designs means my designs may be used for both personal and small commercial uses and you can create and sell your printed items made with these designs in your small store without exceeding to sell up to 100 Physical Products with the purchase of each design.

 

Overtime.  Fees quoted are based upon work performed during the course of regular working hours.  Overtime, rush, holiday, and weekend work necessitated by Clients directive may be billed in addition to the fees quoted.

 

Rush Services.  The Designer has set time frames for design services based individually on the service as well as the time the Designer was hired.  These time frames are given upfront to the Clients and may vary depending on the Designer’s workload.  If a Client is requesting a Rushed Service, a fee will be applied and discussed with the Client.  If a Rushed Service is requested and the Designer has to wait on additional content or information from the Client which delays the Rushed Service, the fee will still be charged and the Client is still responsible for paying for the service ordered.

 

Rights.  All rights for designs and photography created by the Designer and/or taken by our Photographer stay with the Designer and/or Photographer.  Upon full payment of all fees and costs, the rights to the use of the designs, artwork and/or photography transfer to Client.  All rights not expressly granted hereunder are reserved to the Designers and Photographers, including but not limited to all rights in sketches, comps, or other preliminary materials created by the Designer and/or taken by the Photographer.  The Designer and Photographer has the right to use this work for design and/or photography competitions, future publications on design and/or photography, educational purposes, as well as marketing materials online and print.  Design layouts for certain design media such as invitations, business cards, flyers, website etc. may be used again for resale. The Designer will change confidential information that may be listed on the design before posting for resale.  In order to obtain the sole right to a design and/or photographs, the client must discuss this with the Designer and/or Photographer and an additional fee will be assessed.  Designer and/or Photographer reserves the right to include design studio name, Sincerely Posh, and website in a small lower portion on the back (if applicable) of the given design or across a small portion of the photograph for advertisement purposes.

Your design may be used on websites as well as other marketing material for advertisement purposes.  A custom design created, with the exception to logo’s and trademarks, may be resold online due to the fact the Designer hold all rights to designs.  This is especially usual in custom invitation designs.  In the event the client would like to preserve all rights to a custom design, a fee starting at $200 is required.  This fee will be determined by the Designer.

 

Website Designs.  The Designer uses Wix web design for hosting services.  The first year of hosting and domain is included in the price for free.  Every year after, the Client will be responsible for paying the yearly hosting and domain fee.  If a Client chooses to have their website redesigned by another Designer down the line, our website designs are not transferable to another hosting company.  Our basic package only includes the services that are mentioned.  Additional add-ons and services, such as but not limited to, email address, e-commerce, music & video addition, stock photos, etc. will accrue additional fees.  It is best to fill out our Project Planner supplied by the Designer to get an accurate quote on your individual website design.  Once the design process is complete, the Designer will have the Client do a full walkthrough and evaluation of the site.  Once approved by the Client, the website will be released online.  Once the website is released online, the design process is over and future edits are no longer the responsibility of the Designer unless the Client requests our Website Maintenance Service.  The Website Maintenance Service requires a monthly fee billed to the Client.  If no Website Maintenance Service is requested, the Client is responsible for updating their own website once the design process is over.  All content, stock photos, logos, and photography must be supplied by the Client.  Delaying the submission of such content will delay the design process.  If the Designer will be supplying the content, stock photos, logos, and/or photography, there will be an additional charge.  The Designer is not responsible for copyrighted images supplied by the Client.  The Client must check to make sure the images, stock photos, and/or logos are not copyright material and must be ready to supply copyright release information to the Designer if the Designer feels the images are questionable.  It is not the Designers responsibility to check copyright information on provided content, but that of the Client.

 

Releases.  The Client agrees to indemnify and hold harmless the Designer against any and all claims, costs, legal action, and expenses, including attorney’s fees, due to materials included in the designs at the request of the Client for which no copyright permission or privacy release was requested or uses which exceed the uses allowed pursuant to permission or release.  Nor for any artwork the Client supplies the Designer with.  Also, the Designer is not responsible for sales revenue.

 

Indemnification.  You agree to indemnify, defend and hold harmless us, our officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account.

Miscellany.  This Agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives.  This Agreement constitutes the entire understanding between the parties.  Its terms can be modified only by an instrument in writing signed by both parties, except that the Client may authorize expenses or revisions orally.  A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provision hereof.  This Agreement is a legal and binding contract.  Digital signatures have the same legal validity as handwritten ones.

 

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Sincerely Posh

Terms of Service

 

I agree to the above Terms of Service presented by Sincerely Posh.  I understand that these terms are binding and cannot be changed unless agreed upon by the owner.  I also understand that a digital signature has the same legal validity as handwritten ones.

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Accepting and approving our design services stands in place of a digital signature and takes the place of a written one.  This signature says that you have read and agreed to our Terms of Service.

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Naposhi Amos

Owner & Designer