With the purchase of our products, you agree to have understood the following terms and conditions:

I. Returns

Due to the custom nature of sign and personalized artwork, no refunds will be available. Please inspect your package within three days of receipt and contact us immediately if there is something wrong. In most cases, we are happy to exchange your product for a new one.

We are not responsible for damages during shipment, and all claims need to be filed by recipient via USPS, UPS or FedEx. 

II. Postal. Any product completed by Designer is of responsibility of client upon mailing. When products are mailed, client  understands that the United States Postal Service, UPS and Fd Ex are responsible for mailing my items, and Script and Grain cannot control how slow/fast/immaculate/destructive delivery will be. USPS, UPS and Fed Ex reserves the right to quote postage rates at their discretion, and Script and Grain will attempt to quote your postage rate as accurately as possible. Purchase of postage is at client responsibility and not included with their purchase unless otherwise stated herein.

If your product is received damaged, please contact Script and Grain within three days of receipt. While we cannot refund damaged products due to shipment; we can offer a replacement at a discounted rate. Client will be responsible for returning the original purchase as received prior to shipment of a replacement. 

Most products shipping speed is within 3-5 days, or custom order/large signage 5-7 days post production.

 

 III.  Intellectual Property.

        a.     Copyright Ownership. Designer owns the copyright in any and all Services she provides pursuant to federal copyright law (Chapter 17, Section 201-02, of the United States Code.) Any and all designs produced in connection with, or in the process of fulfilling this agreement, are expressly and solely owned by Designer to use in the reasonable course of Designer’s business.

        b.     Permitted Uses of Products and Designs. Designer grants to Client a non-exclusive license of designs produced with and for Client for personal use only so long as Client provides Designer with attribution each time Client uses Designer’s property. Personal use includes use within the following contexts:

                i.     In photos on Client’s personal social media pages or profiles

                ii.     In personal creations, such as a scrapbook or personal gift

                iii.    In personal communications, such as a family newsletter or email or holiday card

c. Client may not use designer artwork through alternative printing services unless prior arrangements or purchase of design were completed.

IV.  Artistic Release.

        a.     Style. Client has spent a satisfactory amount of time reviewing Designer’s work and has a reasonable expectation that her designs will be produced in a similar manner and style. 

               i.  Items created for your event (whether physical or digital) are the property of the designer, and are not to be transferred or given to other vendors, including but not limited to wedding and event coordinators or floral designers, or other print and sign companies, for future use. I understand that pieces are property of the purchaser and are not to be given to other vendors, or reused for additional purposes without permission.

        b.     Consistency. Designer will use reasonable efforts to ensure Client’s products are produced in a style and manner consistent with Designer’s current portfolio and Designer will try to incorporate any suggestions Client makes. However, Client understands and agrees that:

                i.     Every client and product is different, with different tastes, budgets, and needs;

                ii.     Custom designs are a subjective art and Designer is an artist with a unique vision, with an ever-evolving style and technique;

                iii.     Designer will use her personal artistic judgment to create designs for Client, which may not include strict adherence to Client’s suggestions;

                iv.     It is within Designer’s sole discretion as to how to edit the designs she creates;

                v.     Dissatisfaction with Designer’s aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.

c. Nature of product. Script and Grain cannot guarantee wood and stain color dues to the variances in the wood's natural color, grain, etc. and there is no way to assure the exact color of wood. Sample colors or grain may also vary as wood may be taken from various barns or lumbar yards, which factors involve weathering, sun or shade, etc. The Photos on our website and materials are provided to assist you in making a choice of wood and stain, and the various grades that wood is offered.  The reasons for variation between batches includes: -Wood is a product of nature, and as such, no two pieces are alike, while the same wood growing in different locales can vary greatly even though it is the exact same species. 

 

V.         Limit of Liability.

        a.     Maximum Damages. Client agrees that the maximum amount of damages she is entitled to in any claim of or relating to this Agreement or Services provided herein are not to exceed Designer’s Total Cost as set forth in Section II (a) of this Agreement.

        b.     Loss of Designs. In the event that any or all designs are lost at the expense of the designer, such as damage to or loss of products, Designer shall refund Client the corresponding percentage of lost designs.

                i.     For example, if 30% of the original designs are lost, Designer shall refund 30% of the total price Client paid according to Section II (a) of this Agreement.

        c.     Indemnification. Client agrees to indemnify, defend and hold harmless Designer and its 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 products Designer provides to Client.

 VI.         Cancellation and Rescheduling. 

Performance of Services by Designer may be cancelled or rescheduled according to the following circumstances:

        a.     Cancellation or Rescheduling of Services.

                i.     Client Desires to Reschedule or Cancel Services. If the Client desires to reschedule or cancel Services of Designer for any reason at any time, then Client shall provide Notice to Designer as soon as possible.

                        1.     Providing Notice will not relieve Client of any payment obligations.

                        2.    Designer will not be obligated to refund any portion of monies Client has previously paid to Designer.

                        3.    Designer has no obligation to attempt to re-book further Wedding stationery services to fill the void created by Client’s cancellation or rescheduling.

        b.     Cancellation due to Impossibility.

                i.     Force Majeure. 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:

                        1.     An act of God (fires, explosions, earthquakes, hurricane, natural disasters, flooding, storms or infestation) or

                        2.     War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not)

                        3.     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.

                ii.     No-Shows. If it becomes impossible for Designer to render Services due to the fault of the Client or parties related to Client, such as failure of the wedding to occur or failure of one or more essential parties to the wedding stationery process to provide Designer with necessary information, it is within the Designer’s sole discretion to allow for any additional time or dates to render Services. In such an event, any outstanding amount will immediately become due and payable to Designer.

                iii.     Failure to Perform Services. In the event Designer cannot or will not perform her obligations in any or all parts of this Agreement, she (or a responsible party) will:

                        1.     Immediately give Notice to Client;

                        2.    Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and

                        3.    Excuse Client of further performance obligations in this Agreement.

 

VII. Governing Law. The laws ofPennsylvania govern all matters arising under or relating to this Agreement, including torts.

VIII. Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:

        a.     Email

                i.     Designer’s Email: Jessica@jessmithdesigns.com

      b.     Mail

                i.     Designer’s Address: 215 Pigeon Hill Park Road, Hanover PA 17331

IX. Severability. 

If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force, if the essential provisions of this Agreement for each party remain legal and enforceable.

X. Merger. 

This Agreement constitutes the final, exclusive agreement between the parties on the matters contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.

XI. Amendments. 

The parties may amend this Agreement only by the parties’ written agreement with proper Notice.