Terms of Service
This agreement constitutes an order for Design and Shop Management services, and Social Media Influencer endorsement on a monthly recurring basis. It is agreed to by both parties, BLOOMBLUSH, INC (hereto referred to as Designer) and Merchant (hereto referred as Client).
Description of Services
This agreement constitutes an order for Design and Shop Management services, and any additional services outlined above. It is agreed to by both parties, Designer and Client.
The Designer plans and designs the Client's Shop based on the Client's Design Survey and any images/media provided by the Client. Each Shop is allowed one (1) Revision Ticket at no extra charge. This includes any/all design alterations, which can be added to one Revision Ticket. Revisions, additions and updates following will incur a fee.
The Designer manages the Client's sales through the BloomBlush platform. The Designer retains 20% of each sale, and remits funds on a rolling basis. Payment remittances occur through Venmo. The Designer may mail money orders at the Client's request.
Code of Fair Practice
The Client and the Designer agree to comply with the provisions of the Code of Fair Practice (which is in the Ethical Standards section of chapter 1, Professional Relationships). The Designer 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 form third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that the Designer has full authority to make this agreement; and that the work prepared by the Designer does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the Client or others may make of the Designer’s product that may infringe on the rights of others. Client expressly agrees that it will hold the Designer harmless for all liability caused by the Client’s use of the Designer’s product to the extent such use infringes on the rights of others.
The Client must assume that all additions, alterations, changes in content, layout or process changes requested by the customer outside of the first Revision Ticket will alter the time and cost of completion. The Client shall offer the Designer the first opportunity to make any changes.
The Client shall indemnify the Designer against all claims and expenses, including attorney’s fees, due to the uses for which no release was requested in writing or for uses that exceed authority granted by a release.
Modifications of the terms of this contract must be written and authorized by both parties, involving the implementation of a new version of the contract as a whole following standard procedures of documentation and approval.
Limitation of Liability
Client agrees that it shall not hold the Designer or his/her agents or employees liable for any incidental or consequential damages that arise from the Designer’s failure to perform any aspect of the project in a timely manner, regardless of whether such failure was caused intentional or negligent acts or omissions of the Designer or Client, any client representatives or employees, or a third party.
Any disputes in excess of maximum limit for small-claims court arising out of this Agreement shall be submitted to binding arbitration before a mutually agreed-upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court cost, reasonable attorney’s fees, and legal interest on any award of judgment in favor of the Designer. All actions, whether brought by Client or by Designer will be filed in the Designer’s state/county of business/ residence. This contract is held accountable to the legal system of the District of Columbia and any applicable statutes held therein.
In the event of cancellation of this assignment, ownership of all copyrights and the original artwork shall be retained by the Designer. The Client accepts that it may take 3-5 business days for the Client's Shop to be disconnected from the BloomBlush platform. The Client will receive a cancellation notice once this is complete. Due to the nature of the platform and work required to plan, build and manage each Shop, the Designer offers no refunds.
The Client shall assume responsibility for cost outlays by Designer in all collections of unpaid fees and of legal fees necessitated by default in payment. Invoices in default will include but are not limited to fees for collection and legal costs.
Acceptance of Terms
The action of selecting the Terms of Service checkbox will hold both parties in acceptance of these terms.