TERMS AND
CONDITIONS
TERMS AND CONDITIONS
1. CONTRACTOR:
JUST MARRIED LTD. – ME, a private legal entity, registered under CNPJ No. 17.050.973/0001-38.
2. DESCRIPTION:
Creation of the CLIENT’s material, including the following activities:
(a) Create digital material on the dates/times previously agreed upon by the parties, as per the provided budget.
(b) Insert the content provided by the CLIENT into the digital material.
(c) Create the digital material within 20 business days after receiving the complete material from the CLIENT.
3. TERM:
This “Terms and Conditions” will remain in effect until the date of the CLIENT's event.
4. EXTRA COSTS:
(a) Photos Acquisition from Third Parties: If any of the photos selected to compose the digital material need to be purchased from a third party, the CONTRACTOR must send the chosen option and the cost estimate to the CLIENT in advance, which must be expressly approved by the CLIENT. In this case, the CLIENT must reimburse the CONTRACTOR for the cost of the respective purchased photos through expense reimbursement.
(b) Creation of a Website in a Second Language: The CLIENT may opt to buy an identical website in a second language. In such cases, an additional fee of 50% of the total amount specified in item 5 will be charged for the CONTRACTOR's assistance with this second site. To create the identical site in a second language, the CLIENT must provide the written content translated or the translation will be separately quoted by the CONTRACTOR with a specialized company, and the CONTRACTOR will send the estimate to the CLIENT for express approval. In this case, the CLIENT must reimburse the CONTRACTOR for the translation cost through expense reimbursement.
(c) Changes to Programming Format and Content: The CLIENT may make up to 3 (three) changes to the format and content of the digital material at no cost. From the 4th (fourth) change onward, an additional service fee of USD 100.00 (one hundred US dollars) per hour of the CONTRACTOR’s work will be charged. If there are errors by the CONTRACTOR in the programming or content requested by the CLIENT, the corrections will not count as changes. After the approval of the digital material by the CLIENT, any changes to it or inclusion of new content that were not previously informed by the CLIENT will incur a charge of USD 100.00 (one hundred US dollars) per hour of the CONTRACTOR’s work.
(d) Expediting Delivery: The CLIENT may expedite the delivery of the digital material to 5 (five) business days, subject to the CONTRACTOR’s availability and an urgent fee. An additional fee of 50% of the total amount specified in item 5 will be charged.
(e) In-Person Meeting: The CONTRACTOR agrees to hold 1 (one) virtual meeting with the CLIENT. If the CLIENT purchases the visual identity from the CONTRACTOR, an additional meeting is requested. For any other meetings requested by the CLIENT, a fee of USD 100.00 (one hundred US dollars) per meeting will be charged. Online or telephone support is unlimited during the term of the “Terms and Conditions”.
(f) Registries: Registries chosen by the CLIENT will be included, whether outsourced or not. For virtual gift lists, fees are applied to the purchase of each virtual gift by the CLIENT's guests, according to the virtual list chosen. By agreeing for the CONTRACTOR to register their gift lists with third-party stores, the CLIENT acknowledges and agrees to the specific rules of each chosen store or platform.
5. TERMS FOR CLIENTS ENGAGING THE CONTRACTOR FOR VISUAL IDENTITY SERVICES:
This clause applies exclusively to cases where the CLIENT obtains visual identity services from the CONTRACTOR.
(a) Visual References: The CLIENT must provide visual references to the CONTRACTOR to start the project.
(b) Creative Process Schedule: The CONTRACTOR's Creative Director and the CLIENT schedule a meeting. After the meeting, the CONTRACTOR sends the CLIENT a mood board for approval. The delivery timeline begins to count after the CLIENT approves the mood board.
(c) Changes to the Brief: Changes by the CLIENT to the brief after the approval of the mood board will incur an additional fee for new artwork creation.
(d) Third-Party Artists: If a third-party artist develops the visual identity, the delivery timeline will be according to the artist's timeline, which the CONTRACTOR will communicate to the CLIENT after the third-party artist confirms.
(e) Visual Identities Limitations: Visual identities are illustrations created for the CLIENT's event. The CONTRACTOR will provide these illustrations to the CLIENT so that the CLIENT's stationery supplier can use them as needed. Additionally, the CONTRACTOR can propose layouts for various items using the CLIENT's visual identity, including invitations, menus, godparents boxes, sandals, and more. The fee for creating custom layouts for these items will be $100 (One hundred dollars) per hour of work.
6. GENERAL CONDITIONS:
1. OBLIGATIONS OF THE PARTIES:
1.1 The CLIENT must:
a) Provide the CONTRACTOR with the necessary content to be included in the digital material and essential information to provide the Services. Any delay by the CLIENT in providing such information will impact the completion of the digital material content editing.
b) The CLIENT must review and verify all information before approving the material. After the material approval, the CLIENT will be responsible for any errors (name, date, location, links). The CONTRACTOR is not responsible for incorrect prints resulting from the CLIENT's failure to verify the information.
c) If the visual identity was contracted with the CONTRACTOR, send to the CONTRACTOR the watercolor artwork, visual identity, or monogram to illustrate the digital material in open files in PNG, JPG, AI, PDF, or PSD formats, all in high resolution.
d) If the CLIENT has not contracted the visual identity with the CONTRACTOR but wishes to receive the artwork for inclusion in tags, souvenirs, or other printed items for the event, they must inform the CONTRACTOR in advance, as the resolution and format of files may vary between printed and digital material.
e) The delivery of each separate artwork for print will incur an additional cost of USD 100.00 (one hundred US dollars).
f) Make payment by the due date, under penalty of a non-compensatory fine of 2% (two percent), interest of 1% (one percent) per month, and monetary adjustment by the IGPM – Brazilian inflation index- until full settlement of the amount due, without prejudice to the CONTRACTOR's right to suspend the provision of services and to take down the digital material and virtual gift list, without any burden, until the debt is settled.
1.2. The CONTRACTOR must:
a) Upon receiving approval of the site from the CLIENT, adapt it for the “mobile” version; and
b) In case of inability to complete the Services, refund the CLIENT the total amount received up to that point.
1.3. The parties agree that the CONTRACTOR is not responsible for failures or instability in the platform system the CLIENT chose.
2. TERMINATION:
2.1. This “Terms and Conditions” will be considered terminated by operation of law, without the need for judicial or extrajudicial notice, in the cases of
i) Breach of any clauses or conditions outlined in this “Terms and Conditions,” which is not remedied within a maximum period of 5 days from the notification sent by the affected party to the defaulting party; or, ii) Request, homologation, or decree of bankruptcy, judicial recovery, extrajudicial recovery, or civil insolvency of any of the contracting parties.
3. OTHER PROVISIONS:
3.1. Neither party can assign this “Terms and Conditions” except with prior written authorization from the other party.
3.2. The CLIENT authorizes the CONTRACTOR to use their digital material indefinitely as advertising material.
3.3. The parties, for themselves and their successors, commit to faithfully comply with all clauses and conditions of the “Terms and Conditions”.
3.4. The parties declare that the clauses and conditions of this “Terms and Conditions” represent the conclusion of all preliminary understandings and agreements between them, whether verbal or written. In the event of any conflict or contradiction between what was preliminarily agreed and what is stipulated in the “Terms and Conditions”, the provisions and terms of this instrument will prevail as the final expression of the parties' will.
3.5. Any amendments to the “Terms and Conditions” can only be made in writing as a contractual addendum duly signed by both parties.
3.6. This “Terms and Conditions” will be governed by the laws of the Federative Republic of Brazil, and the parties choose the Court of São Paulo, to the exclusion of any other, regardless of how privileged, to resolve all issues arising from it.
In witness of which, the parties, being just and contracted, sign this instrument in two counterparts of equal content and form, in the presence of two witnesses.