Service Agreement
This Service Agreement (“The Agreement”) is made effective as of the date of purchase by and between Eco & Ivory Event Design of 1088 Lindendale Dr., Pittsburgh, PA 15243 (Eco & Ivory) and the person placing the order for Services (Client).
1. DESCRIPTION OF SERVICES.
Beginning upon receipt of the paid order and checking that the Service(s) are feasible, Eco & Ivory will provide to Client the purchased service(s) (collectively, “the Services”).
1.1 Notes about services
Micro-wedding/elopement vendors are limited to an exclusive list to cut down on time and planning costs. Requesting more options will result in extra Service fees.
Eco & Ivory cannot guarantee availability for a particular date.
If providing Budgeting Assistance: Eco & Ivory will help the Client put together a budget based on a reasonable estimate of realistic expenses. However, Eco & Ivory cannot guarantee that the event will stay under a particular amount. Additionally, Eco & Ivory will not be responsible for any overages in the budget.
1.2 Exclusions
Services do NOT include the following:
On-site services or in-person meetings, such as venue tours or walkthroughs (may be added for a fee, time-permitting)
On-site management of the ceremony rehearsal, wedding day, or any pre or post party events (may be added for a fee, time-permitting and if the date is available)
Assistance with securing venues, vendors, services, or suppliers beyond what was purchased. However, services may be upgraded or added on with advance notice for additional fees if within a reasonable time frame subject to vendor availability.
Paying vendors or signing vendor contracts on behalf of Client, or haggling vendors for lower pricing
1.3 Policies
Reschedule Policy: Should the Client wish to reschedule or postpone the wedding date, Eco & Ivory may assist and will charge an additional Service Fee to cover the work. Eco & Ivory will put in their best effort to assist with rescheduling. However, Eco & Ivory cannot guarantee its availability or the availability of vendors on any chosen date.
Location Change Policy: If the Client wishes to change the location of the wedding, additional fees will apply to cover the cost of venue research, touring (if requested), booking, and vendor outreach.
Change of Scope Policy: Should the Client wish to increase the scope of the wedding, which includes but is not limited to guest count, budget, date, locations, and work/services requirements, additional fees will be applied to cover the cost of any additional work, time, or travel needed to complete the Services.
2. payment
Work will not commence until the order has been placed and payment has been processed.
2.1 Payment Terms:
Payment may be made by credit card. A 3% processing fee will be applied.
2.2 Cancellation & Refund Policy
Payments received prior to cancellation are non-refundable. Refunds will not be given on work that has been completed.
2.3 Stakeholder policy
Stakeholder Policy: The review and input of a narrow group of stakeholders is essential to assure a focused and clear plan/design. If in the process of creating the design, others beyond the Client (or Couple) are added as stakeholders or decision makers, requiring Eco & Ivory to restart part or all of the creative process or extend the scope of the Agreement, Client will be invoiced for work that has already been completed and the cost of additional work being requested.
3. COMMUNICATION
Eco & Ivory may be contacted via phone or email within reasonable business hours. Except for in case of emergency and situations requiring more immediate attention within the 3 months prior to the wedding date, Eco & Ivory may take up to 48 hours to respond. Eco & Ivory will respond to a reasonable amount of calls from the Client.
4. PROFESSIONALISM
As a professional service, Eco & Ivory aims to treat clients and vendors with respect. The Client, family members, or anyone introduced to Eco & Ivory staff through them are expected to maintain professional standards toward Eco & Ivory staff. If, in Eco & Ivory’s reasonable discretion, this standard is not being maintained by, but not limited to, any of the following actions: harassment, sexual harassment, verbal or physical abuse, Eco & Ivory will put the Client on notice with a written warning. If the behavior continues after the warning, the Eco & Ivory has the right to terminate this Agreement for cause and without refund.
5. WARRANTIES
Eco & Ivory shall provide its services and meet its obligations under this Agreement in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in Eco & Ivory’s community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to Eco & Ivory on similar projects. While Eco & Ivory may recommend the use of certain products and designs to the Client, it is the Client’s decision on which products and designs will be used. Eco & Ivory is not responsible for the Client’s satisfaction with products and/or services chosen by the Client. While Eco & Ivory may review vendor contracts for scope accuracy and general terms, Eco & Ivory is not a legal advisor and is not responsible for the accuracy of those contracts. It is recommended that the Client obtain their own legal advisor for contract review.
While Eco & Ivory may recommend the use of certain products and designs to the Client, it is the Client’s decision on which products and designs will be used. Eco & Ivory is not responsible for the performance, non-performance, or quality of vendors, even if recommended by Eco & Ivory. Eco & Ivory is not responsible for the Client’s choice in any third-party products or services not recommended by Eco & Ivory. It is recommended that vendors in the following categories be reputable and established companies that have business insurance and/or an established LLC: entertainment (band or DJ), florist, and caterer.
6. TERM
This Agreement will terminate automatically upon completion by Eco & Ivory of the Services required by this Agreement.
7. WORK PRODUCT OWNERSHIP
Eco & Ivory shall be entitled to reuse any standard details, designs, notes, and/or graphics for other clients as part of their on-going professional practice.
8. DEFAULT
In addition to any and all other rights a party may have available according to law, if Eco & Ivory defaults by failing to substantially perform any provision, term or condition of this Agreement, Client may terminate the Agreement by providing written notice to Eco & Ivory. This notice shall describe with sufficient detail the nature of the default. Eco & Ivory shall have 14 days from the effective date of such notice to cure the default(s). Unless waived by Client, the failure to cure the default(s) within such time period shall result in the automatic termination of this Agreement.
9. FORCE MAJEURE
If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, plague, epidemic, pandemic, personal sickness or injury, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wards, or strikes, lock-outs, work stoppages, or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
If due to emergency or unforeseen occurrence, Angela Calderone is unable to perform the Services, another qualified candidate will be provided to fulfill the contractual obligations of this Agreement.
10. INDEMNIFICATION, LIABILITY, AND DISPUTE RESOLUTION
Client agrees to indemnify and hold Eco & Ivory harmless from and against all claims, liabilities, suits, demands, losses, costs and expenses (including reasonable attorneys’ fees and costs of defense), to the extent they are determined by a court of competent jurisdiction or arbitrator to have been caused by the negligent acts, errors or omissions or willful misconduct of Client.
Eco & Ivory will not be liable to the Client for consequential, indirect or punitive damages.
The total liability of Eco & Ivory to Client for any and all claims, losses, costs, damage of any nature whatsoever or claims expenses from any cause or causes, including attorneys’ fees and costs, shall not exceed the amount paid to Eco & Ivory, regardless of theories of liability or causes of action asserted against Eco & Ivory, unless otherwise prohibited by law.
11. CONFIDENTIALITY
The Client, including their agents or representatives will not, directly or indirectly, divulge, disclose, or communicate in any manner, any information that is confidential or proprietary to Eco & Ivory. This provision will continue to be effective after the termination of this Agreement.
12. NOTICE
Any notice of communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address listed above or to such other address as one party may have furnished to the other in writing. The notice shall be deemed received when delivered or signed for, or on the third day after mailing if not signed for.
13. NON-DISPARAGEMENT
Client agrees to not publicly disparage or represent Eco & Ivory in a negative context, including, but not limited to, forums and internet websites.
14. ENTIRE Agreement
This Agreement contains the entire agreement of the parties regarding the subject matter of this Agreement, and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.
15. AMENDMENT
This Agreement may be modified or amended if the amendment is made in writing and signed by both parties using a Change Order Form. Verbal agreements will not be considered binding.
16. SEVERABILITY
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
17. WAIVER OF CONTRACTUAL RIGHT
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
18. APPLICABLE LAW
This Agreement shall be governed by the laws of the State of Pennsylvania.