TERMS OF SERVICE
Payment
A 50% down payment is required at the time you choose a design. Payment
is due in full upon final approval, before production begins.
Default in Payment
You shall assume responsibility for all collection of legal fees necessitated
by default in payment.
Expenses
You will reimburse Icing on the Cake Designs for all expenses arising
from this assignment, including the payment of any sales taxes due on
this assignment. These costs will be outlined in your estimate and final
invoice.
Changes
You will be responsible for any additional charges as a result of changes
from the original assignment. You are also responsible for final approval
of all grammar, spelling and event details. Icing on the Cake Designs
will make all efforts to create error-free work, however, the final responsibility
lies with you. Any changes that need to be made after production has begun
will result in additional costs charged to you. However, no additional
payment shall be made for changes required to conform to the original
assignment description. You will offer Icing on the Cake Designs the first
opportunity to make any changes. Any additional charges will be outlined
on your final invoice.
Returns
Returns are accepted only if the items are damaged or if ordered goods
do not match the items received. Ordered goods are specified in your pre-production
estimate, final mock-up and approval as well as your final invoice. You
must contact Icing on the Cake Designs within 5 business days of receipt
of goods. Proof may be required to verify damages.
Cancellation
Please contact Icing on the Cake Designs immediately if you wish to cancel
your order. If printing and/or production have begun on your order, cancellation
will not be accepted. Deposits and final payments will be retained by
Icing on the Cake Designs, and you will receive the items paid for. Your
50% deposit is non-refundable.
Refunds
Refunds are not given under any circumstances.
Shipping Policy
and Charges
You are responsible for all shipping charges of ordered items as well
as shipping charges incurred for materials delivered to you. Estimated
shipping costs will be included in your initial estimate. Icing on the
Cake Designs reserves the right to charge/refund the customer if actual
shipping charges are more/less than the estimate. Icing on the Cake Designs
is not responsible for delays incurred by any shipping carriers including
Fed Ex, UPS, USPS or Airborne, nor are we responsible for delivery attempts
made without a receiver present.
Printing and Production
Printing and production take approximately 7-14 business days, depending
on the intricacy involved with assembly. You are provided with a timeline
indicating when information from both parties is to be completed in order
to meet the agreed upon delivery date. If due dates for any portion of
the timeline are not met on your part, the delivery date will be affected
and the customer will be provided with a new delivery date. Please allow
additional time for shipment of ordered goods. If you need a rush order,
please contact Icing on the Cake Designs for an estimate of additional
costs.
Ownership of Work
Icing on the Cake Designs retains copyright ownership of all work created
for you, whether preliminary or final.
Modifications
Modification of the Agreement must be written, except that the invoice
may include, and you shall pay, fees or expenses that were orally authorized
in order to progress promptly with the work.
Uniform Commercial
Code
The above terms incorporate Article 2 of the Uniform Commercial Code.
Code of Fair Practice
You and Icing on the Cake Designs agree to comply with the provisions
of the Code of Fair Practice.
Warranty of Originality
Icing on the Cake Designs warrants and represents that, to the best of
his/her knowledge, the work assigned hereunder is original and has not
been previously published, or that consent to use has been obtained on
an unlimited basis; that all work or portions thereof obtained through
the undersigned from third parties is original or, if previously published,
that the consent to use has been obtained on an unlimited basis; that
Icing on the Cake Designs has full authority to make this agreement; and
that the work prepared by Icing on the Cake Designs does not contain any
scandalous, libelous, or unlawful matter. This warranty does not extend
to any uses that you or others may make of Icing on the Cake Designs'
product that may infringe on the rights of others. You expressly agree
that it will hold Icing on the Cake Designs harmless for all liability
caused by your use of Icing on the Cake Designs' product to the extent
such use infringes on the rights of others.
Limitation of Liability
You agree that you will not hold Icing on the Cake Designs or his/her
agents or employees liable for any incidental or consequential damages
that arise from Icing on the Cake Designs' failure to perform any aspect
of the project in a timely manner, regardless of whether such failure
was caused by intentional or negligent acts or omissions of Icing on the
Cake Designs or a third party.
