Updated On: April 12th, 2022

This document constitutes a legally binding contract between Scheffer Designs, Inc. dba Saffron Avenue (“Designer”, “company”, “we”, or “us”) and you (“Client,” “You” or “Your”) regarding your purchase of the VIP Design Day package (“program”) including forms, calls, and design items (herein referred to as the “Program” or “Program Materials”). THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.

These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through www.saffronavenue.com or www.shopsaffronavenue.com (the “Site”) pages and accounts on Facebook®, Twitter®, LinkedIn®, Google Plus®, and YouTube® (the “Sites). Please read both these Terms, my Terms of Use, and my Privacy Policy carefully, which is incorporated into these Terms. By using any or all of the Sites, you accept and agree to be bound by these Terms. I may modify these Terms from time to time, and any modifications will be effective immediately when I post them. All changes I make will be reflected in the date at the top of the document. You are responsible for reviewing any modified terms. Your purchase of any product or services that are available through this Site means you accept and agree to any changes. For your convenience and future reference, the date of the most recent revision of these Terms is listed above so that you may compare different versions to determine what, if any, changes have been made.

Order Acceptance and Cancellation: 

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. DELIVERY OF ANY FILES TO YOU CONSTITUTES ACCEPTANCE, AND THEREFORE, THE CREATION OF A BINDING, CONTRACTUAL AGREEMENT BETWEEN YOU AND SCHEFFER DESIGNS, INC. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Scheffer Designs, Inc {Saffron Avenue} and you will not take place unless and until you have received your order confirmation e-mail.  All partial payments agree to these terms and agree that no products will be sent until after full payment is made.

By purchasing a VIP Design Day (hereinafter the “Program”), you accept to enter into the following Terms and Conditions with Scheffer Designs, Inc. and agree to the following terms stated herein.

Timeline & Scope:

1. The 8-hour program day is selected and agreed upon between both parties and performed between the hours of 8am to 4pm CST unless otherwise agreed upon. 
2. Scope of Program:
   1. One 30-minute design discovery call
   2. 7 hours of design creation and implementation
   3. 1 hour of design revisions on selected day
   4. 7 days of email support {does not include additional design}

Pricing & Payment Terms:

1. All prices posted on this Site are subject to change without notice. The price charged for the product or service you purchase will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Listed prices do not include taxes or charges for shipping and handling. You will have notice of all such taxes and charges by reviewing your merchandise total in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
2. Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Paypal, Stripe and Partial payments for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
3. Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Paypal, Stripe and Partial payments for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
4. The program price for this services is $4200
   1. Payment shall be made by credit or debit card with a 50% deposit to secure your date. 
   2. The remaining 50% is due in full by the end of the day of your service and BEFORE and final files are sent.
   3. If final payment is not submitted by end of program service day, no final files will be sent and you will be given a 3 day grace period.

PAYMENT PLANS & SPLIT PAY:

If choose the Payment Plan option, you are REQUIRED BY LAW to complete all remaining payments of your payment plan. If You elect for a partial payment plan, You hereby authorize Scheffer Designs, Inc and any third party processor to charge your credit card or debit card automatically according to the terms of your payment plan. If the payment method provided upon purchase has been declined for payment of your monthly fee, you must provide a new eligible payment method promptly or the digital asset will be removed from your account.

YOU MAY NOT CANCEL OR VOID THESE PAYMENTS. You agree that you DO NOT OWN the single-use product license or RECEIVE the deliverables until paid in full. In the event that any payment is not made, there will be a 3 day grace period between payment due date and a $50 fee being assessed and charged. If payments are delinquent beyond 45 days, balance will be immediately submitted for collections and WILL BE REQUIRED to remove any digital assets that you do not legally own.

Revisions:

We encourage input from the Client during the complete design progress. Revisions can be made during the original VIP Day. Client acknowledges that additional revisions made limit the final deliverables if the Designer is unable to complete certain aspects of the project to move on to the next. 

Additional design revisions are not included post-VIP Day and not guaranteed. Any additional revisions will incur an additional fee and timeline based on Designers pricing and schedule.

Services:

1. The client is responsible for obtaining their own hosting service as an addition to the base price in the agreement and will grant the necessary permissions to the designer.
2. Domain Service: The client is responsible for obtaining their own website domain as an addition to the base price in the agreement and will grant the necessary permissions to the developer.
3. Fonts and Typography: The client is responsible for obtaining their own typography license for any fonts used in the branding that require licensing as an addition to the base price in the agreement. Free alternatives will be provided when necessary. 
4. Copy: The client is responsible for providing all content. The designer will offer guidance when needed but final text needs to be supplied by the Client unless otherwise specified in project scope.
5. Images: The client is responsible for providing all digital photos either personal brand photography or stock photography. The designer will offer guidance on what is needed but photography options are to be supplied by the Client unless otherwise specified in project scope. If stock photography is provided, the client will obtain proper licensing from the respective owners of the content.
6. Brand Files: The client will provide Designer will all necessary brand elements to assist in the design deliverables and scope. Client understands if Designer does not have the provided items they cannot guarantee complete design cohesiveness.
   

Display Rights: 

Copywriter reserves the right to display and re-post their work on their online portfolio &/or social media channels to provide on-going, up-to-date examples of Copywriter’s work for marketing and/or business promotion purposes.

Cancellation, Rescheduling & Refund Policy:

1. Cancellations: After booking your VIP Design Day and paying the 50% deposit, should you wish to cancel within a 7 day time period, please email us at hello@saffronavenue.com. At this point you will be refunded in full.  Should you choose to cancel within the 7 days, the choice of whether or not to issue a full refund is in our discretion. The VIP Design days are in high-demand and by cancelling within a short notice, you have prevented us form booking and servicing another customer. 
2. Rescheduling: Should you need to reschedule your chosen VIP Design Day, you may do so ONCE, as long as it’s within 72-hours of your scheduled date and rescheduled within 31 days. If there are no dates available within 31 days, we will extend it an additional 31 days. Beyond this, it is at our discretion of whether to refund the deposit depending on availability to rebook your day.   Any additional requests to reschedule, beyond the first, will result in an additional fee of $350. If Scheffer Designs, Inc desires to cancel or reschedule and unable to perform their obligations in any or all parts of this Agreement, responsible party will immediately give notice to you and will attempt to find a reasonable substitution to fulfill the terms of this Agreement or issue a refund or credit based on percentage of services rendered. 
3. Returns and Refunds: WE OFFER NO REFUNDS ON ANY PRODUCTS OR SERVICES DESIGNATED ON THIS SITE AS NON-RETURNABLE INCLUDING BUT NOT LIMITED TO ALL WEBSITE TEMPLATES, SOCIAL MEDIA TEMPLATES, BRUSHES, CUSTOM SERVICES OR ANY OTHER INTANGIBLE PRODUCTS. ALL SALES ARE FINAL. If Scheffer Designs, Inc. does determine, in it’s sole discretion, that a “return” may be appropriate for any intangible products from shopsaffronavenue.com, including again website templates, social media templates, calligraphy brushes, planners, etc, Scheffer Designs, Inc., you expressly recognize and agree that you’re asking for a refund on a product that you already have. Therefore, you also EXPRESSLY AGREE AND UNDERSTAND THAT IF SCHEFFER DESIGNS, INC. FEELS GENEROUS ENOUGH TO ALLOW YOU A “RETURN”, THEY MAY CHARGE A TWENTY PERCENT (20%) FEE (the “Penalty Fee”) IN ADDITION TO THE PRICE OF EACH ITEM THAT THEY CAN PROVE YOU HAVE EITHER DOWNLOADED, UNZIPPED, OR VIEWED. If you do wish to return a previously-purchased intangible item and wish to incur the Penalty Fee, you must contact Scheffer Designs, Inc., within five (5) calendar days, and the Parties will enter into a separate Agreement.

No-Shows:

If it becomes impossible for Scheffer Designs, Inc to render Services due to the fault of the Client or parties related to Client, such as failure to provide necessary elements of the Services or failure of one or more essential parties to the Services to complete tasks in a timely manner, it is within our 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.

Style Release.

Client has spent a satisfactory amount of time reviewing Designer’s work and has a reasonable expectation that Designer’s Services will produce a reasonably similar outcome and result for Client. Designer will use reasonable efforts to ensure Client’s services are carried out in a style and manner consistent with Designers current portfolio and services, and Designer will try to incorporate any suggestions Client makes. However, Client understands and agrees that:

Every client and final delivery is different, with different tastes, budgets, and needs;

Design is a subjective service and Designer is a provider with a unique vision, with an ever-evolving voice and technique;

Designer will use its personal judgment to create favorable results for Client, which may not include strict adherence to Client’s suggestions;

Designer is working within an allotted timeframe of a 8-hour period and is not required to produce further work outside of this period and deliverables are not required to be completed in full;

Dissatisfaction with Designer’s independent judgment or individual management style are not valid reasons for termination of this Agreement or request of any monies returned.

Intellectual Property: 

Scheffer Designs, Inc {Saffron Avenue} is and will remain the sole and exclusive owner of all intellectual property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and trademarks and other intellectual property rights, subject only to the limited license granted under the product’s or service’s license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this Site, or of any intellectual property rights relating to those products or services.

By using the products or services, you understand and are aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference Saffron Avenue, the Products, or the Product Content, or infringe on any of Scheffer Designs, Inc dba Saffron Avenues’s or its licensors’ intellectual property in any way. All copyrights, trademarks, and other intellectual property rights in and to the Products and the Product Content (including the compilation of content, postings, links to other internet resources, and descriptions of those resources) are owned by Scheffer Designs Inc and/or its licensors, which reserve all of their rights, title, and interests in law and equity.

Each product and service marketed on this Site is made available solely for license, not sale, to you and other prospective customers under the terms, conditions, and restrictions of the license agreement posted with/made available to you through a link accompanying the display or description of that specific product or service.

You will comply with all terms and conditions of the specific license agreement for any product or service you obtain through this Site, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing and transfer of those licensed products and services. You will not cause, induce or permit others’ noncompliance with the terms and conditions of any of these product and service license agreements.

LIMITED WARRANTY: 

THE PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PRODUCTS. WE’VE TAKEN REASONABLE EFFORTS TO ENSURE THAT WE ACCURATELY REPRESENT OUR PROGRAMS AND THEIR ABILITY TO HELP YOU GROW YOUR BUSINESS. HOWEVER, SCHEFFER DESIGNS, INC DOES NOT GUARANTEE THAT YOU WILL GET ANY RESULTS OR EARN ANY MONEY USING ANY OF OUR PRODUCTS, IDEAS, TOOLS, STRATEGIES, OR RECOMMENDATIONS, AND NOTHING ON OUR WEBSITES OR IN OUR PRODUCTS IS A PROMISE OR GUARANTEE TO YOU OF FUTURE EARNINGS.

YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE PRODUCTS IS AT YOUR SOLE RISK. BY PURCHASING THE PRODUCTS, YOU ACCEPT, AGREE, AND UNDERSTAND THAT YOU ARE FULLY RESPONSIBLE FOR YOUR PROGRESS AND RESULTS FROM YOUR PARTICIPATION AND THAT WE OFFER NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES (EXPRESSED OR IMPLIED) REGARDING YOUR EARNINGS, BUSINESS PROFITS, MARKETING PERFORMANCE, AUDIENCE GROWTH, OR RESULTS OF ANY KIND. YOU ALONE ARE RESPONSIBLE FOR YOUR ACTIONS AND BUSINESS, WHICH ARE DEPENDENT ON PERSONAL FACTORS INCLUDING, BUT NOT NECESSARILY LIMITED TO, YOUR SKILL, KNOWLEDGE, ABILITY, DEDICATION, BUSINESS SAVVY, NETWORK, AND FINANCIAL SITUATION, TO NAME JUST A FEW. YOU ALSO UNDERSTAND THAT ANY TESTIMONIALS OR ENDORSEMENTS BY OUR CUSTOMERS OR AUDIENCE REPRESENTED IN OUR PRODUCTS, PROGRAMS, WEBSITES, CONTENT, LANDING PAGES, SALES PAGES, OR OFFERINGS HAVE NOT BEEN SCIENTIFICALLY EVALUATED BY US, AND THE RESULTS EXPERIENCED BY INDIVIDUALS MAY VARY SIGNIFICANTLY. ANY STATEMENTS OUTLINED IN OUR PRODUCTS, WEBSITES, PROGRAMS, CONTENT, AND OFFERINGS ARE SIMPLY OUR OPINIONS AND THUS ARE NOT GUARANTEES OR PROMISES OF ACTUAL PERFORMANCE.

LIMITATION OF LIABILITY:

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) SCHEFFER DESIGNS, INC., ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS, LICENSORS, SUCCESSORS, OR ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF YOUR USE OF THE PRODUCTS OR PURCHASES HEREUNDER; AND (II) YOUR DIRECT DAMAGES SHALL BE LIMITED TO THE FEES YOU PAID FOR THE APPLICABLE PRODUCT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

This limited warranty extends only to the original purchaser of products and services from the Site, not to any subsequent or other owner or transferee of the product. This limited warranty does not cover any damages due to improper use; failure to follow the product instructions or to perform any preventive maintenance; modifications; unauthorized repair; normal wear and tear; or external causes such as accidents, abuse, or other actions or events beyond our reasonable control. This limited warranty starts on the date of your purchase and lasts for one week the “Warranty Period”. The Warranty Period is not extended if we repair or replace a warranted product or re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.

PRIVACY:

We respect your privacy and trust that you respect ours. Thus, consider this a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, during consulting/strategy sessions or otherwise. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party.

Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.

GOVERNING LAW:

The Parties have entered into this Agreement in the State of Wisconsin and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes arising out of the Agreement shall be determined in accordance with the laws of the State of Wisconsin, United Wisconsins of America, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction. In the event of any action or proceeding arising out of, relating to or concerning this Agreement, or litigation arising from the terms and conditions of this agreement, including, without limitation, any claim of breach of contract, shall be determined in accordance with the laws of the State of Wisconsin, and that venue of any action will be located in the District Court of La Crosse County, Wisconsin. 

BINDING EFFECT:

This Agreement shall be binding upon, is for the sole benefit of the Parties hereto, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. The Parties have no right to assign this Agreement, by operation of law or otherwise. 

TERMINATION:

Scheffer Designs, Inc. is committed to providing all customers with a positive experience. If you fail, Scheffer Designs, Inc suspects that you have failed, to comply with any of the provisions of this Agreement, Scheffer Designs, Inc, in its sole discretion and on notice to you, may: (a) limit, suspend, or terminate your access to the Products and/or you participation in program without refund; and/or (b) terminate this Agreement. Your obligations to Scheffer Designs, Inc under this Agreement will survive expiration or termination of this Agreement for any reason.

INDEMNIFICATION:

To the extent permitted by applicable laws, both Consumer and Company agree to defend, indemnify, and hold harmless the respective party, its owners, officers, directors, employees, affiliates, contractors, licensors, successors, or assigns from and against any and all liabilities and expense whatsoever — including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements — which any of them may incur or become obligated to pay arising out of or resulting from breach of this Agreement. 

BINDING ARBITRATION:

ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT ARE TO BE SETTLED BY BINDING ARBITRATION IN THE STATE OF WISCONSIN. ANY ARBITRATION AWARD MAY BE CONFIRMED IN A COURT OF COMPETENT JURISDICTION.

ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, inducements or conditions, express or implied, written or oral, between the parties. This agreement expressly supersedes any and all prior written and/or oral agreements, and the terms and conditions of this agreement cannot be modified without the express written consent of both parties. The terms and conditions of this Agreement shall be binding upon the parties, their personal representatives, successors and assigns, and may not be assigned to any third party beneficiary.

EQUITABLE RELIEF: 

You acknowledge and agree that in the event of a breach or threatened violation of Scheffer Designs, Inc’s intellectual property rights and confidential and proprietary information by you, Scheffer Designs, Inc will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. Scheffer Designs, Inc may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above. You consent to the personal and subject matter jurisdiction of the federal and Wisconsin courts in La Crosse County, Wisconsin, United Wisconsins of America for purposes of any such action by Scheffer Designs, Inc.

COMPLIANCE WITH LAW:

The parties shall comply with all applicable laws in performing this agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail.

NO WAIVER:

If the Parties choose to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing. 

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: an act of God (fires, explosions, earthquakes, hurricane, natural disasters, flooding, storms or infestation), or War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not), or 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.