Policies
OUR TERMS & CONDITIONSLast Updated: June 10, 2010
Every Moment Matters welcomes you to our web site (referred to as the "Site").
These Terms and Conditions for Provisions of Products and Services (the "Terms") govern the provision of any product or service from Every Moment Matters.
You acknowledge and agree that these Terms and Conditions, which include our Privacy Policy, constitute the complete and exclusive agreement between you and Every Moment Matters and supersede and govern all prior proposals, agreements, or other communications.
Every Moment Matters reserves the right, at our sole discretion, to change or modify these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such terms and conditions.
INTELLECTUAL PROPERTY RIGHTS & COPYRIGHT
All content available on the Site, including but not limited to text, graphics, logos, designs, images, and the compilation thereof (collectively, the "Content") is the property of Every Moment Matters and is protected by International copyright laws.
All designs displayed on this site are subject to copyright by Every Moment Matters. Any attempt to recreate or emulate these designs for any purpose without the express permission of Every Moment Matters whether or not for profit will be prosecuted to the fullest extent of the law.
PRICING
All pricing on Every Moment Matters is in Canadian Dollars (CAD). We are an Alberta based business and do not charge PST.
All prices and discounts are subject to change without notice. In the case of a reduction in price, upon request, adjustments will be granted only to orders still in the design stage. Orders that are in the printing, shipping or delivery stage are deemed to have been competed for the purpose of pricing and no adjustments will be granted.
SECURITY OF FINANCIAL TRANSACTIONS
Financial transactions are completed on PayPal's site. You are protected by their encryption which you can read more about on their web site Every Moment Matters does not accept responsibility in the unlikely event that your details are accessed by a third party during the transaction.
We encourage you to regularly test the security of your computer and perform scans to detect any virus, spyware or other malicious software.
Please DO NOT send your credit card number to us via email.
PROOFS
All orders include low resolution digital proofs in PDF format. Your order entitles you to two proof revisions consisting of text, font and colour modifications to one (1) of the proofs offered at no additional charge.
Further customization fees of $10 to $30 may apply for each:
additional revision(s) after the two (2) included revisions or modifications beyond text, font and colour changes.
request to revise more than one (1) proof of your announcement, invitation or card at the same time (in the event more than one proof was provided).
requesting a new design after your proof has already been designed and/or finalized will result in an additional $30 fee.
request to revise more than one (1) proof of your announcement, invitation or card at the same time (in the event more than one proof was provided).
requesting a new design after your proof has already been designed and/or finalized will result in an additional $30 fee.
The Every Moment Matters name and/or logo is featured on the back of all of our designs with the exception of wedding invitations and digital designs.
The Every Moment Matters web site address (www.everymomentmatters.ca) and/or name may be featured on the front of all digital designs at our discretion.
CUSTOMER SERVICE
Every Moment Matters takes pride in our product quality and individualized customer service which we believe sets us apart from our competitors.
We will make every effort to process your order to your complete satisfaction.
We strive to offer you the best possible service and product available. If you are unhappy with your printed purchase for any reason, please contact us within 10 days of receiving your order so that we may discuss possible remedies. Prior to purchasing, however, please read our note on colour accuracy below.
Our goal is to create the perfect design for each and every client. We retain the right to display on our web site any custom design we have created for you substituting stock photos and pseudonyms and offer that design to subsequent clients.
CHANGES OR ERRORS
If you have approved a proof and subsequently discover it has an error which you did not correct and your order is in either the printing, shipping or delivery stage, you must reorder. We extend a discount of 25% off our design fee for reorders of this type and provide an updated proof for your approval to ensure that all errors have been corrected before your order is reprinted and shipped.
If the order has not yet been shipped, additional shipping charges will not apply.
CANCELLATION OF ORDERS
You may cancel your order at any time. Prior to receipt of a proof, you may cancel your order and we will refund your full purchase price. However if you cancel your order after a designer has created and delivered a proof, we will refund your purchase less a $15 cancellation fee. Once you approve a proof, you cannot cancel or change your order.
Contact us immediately should you decide to cancel your order.
RE-ORDERS
If you would like to purchase additional quantities of your order, please order through the link on our site. A minimum of 5 photo cards must be ordered for re-prints. Standard shipping charges will apply.
GIFT CERTIFICATES
Gift certificates cannot be used to purchase gift certificates or gift cards.
Gift certificates cannot be redeemed for cash and/or returned for a cash refund.
A gift certificate code, once entered, will be automatically applied to user account balance.
Gift certificates and their use are subject to our general terms and conditions.
We are not responsible for lost or stolen gift certificates.
CLIENT PHOTOGRAPHS
Any and all photographs submitted by you are subject to the following terms and conditions:
You represent and warrant that you own or otherwise possess all necessary copyrights with respect to the photographs, and that the photographs do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trade secret right or other intellectual property or property right of any third party, and that the photographs are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable.
You agree to indemnify and hold Every Moment Matters harmless for any loss, damages or costs, including without limitation, legal fees, that arise directly or indirectly from: (i) your breach of these Terms; (ii) any third party claim, action, or demand resulting from your use of the photographs and the Every Moment Matters web site.
In the case of birth announcements, you warrant that you are the parent or legal guardian of the infant, child or children portrayed in the photographs you are submitting. Every Moment Matters will not accept images of babies or children in which any or part of the genitalia is visible. Such photographs will be immediately destroyed and we reserve the right to discontinue services immediately. We will, upon our discretion, accept images where a baby's or child's nude buttocks is visible.
All invitations and announcements are created using customer photos. Our designers are happy to provide minor edits to photos but we cannot improve on blurred or grainy images.
COPYRIGHT INDEMNIFICATION
You agree to indemnify and hold harmless Every Moment Matters for all costs, expenses, legal fees or judgments resulting from any claims or lawsuit made against Every Moment Matters for any grounds claiming that the work produced by Every Moment Matters violates any copyright or proprietary right of any person or entity.
COLOUR ACCURACY
Due to the many variations in monitors and internet browsers, colours in our designs may appear different on different monitors. Computer monitors are not all calibrated equally and colour reproduction on the Internet is not precise. Since it is not possible to guarantee our online colours will look the same on all computers, we cannot and do not guarantee that what you see accurately portrays the colour of your printed design.
If accuracy of colour is an important consideration in your purchase decision it is highly recommended that you order a sample first, before placing the order for design. We offer to ship you (via regular mail) up to 3 sample prints (we will choose from stock samples of our photo prints) for free, so please take advantage of this service. Please contact us to discuss this option.
After you receive your sample print or proof, keep in mind that even the actual sample can have minimal colour variations (3-5%) from the finished print due to the time delay between printing the sample and printing the finished design.
THIRD PARTY LINKS
Every Moment Matters is not responsible for the content or reliability of the linked web sites and does not necessarily endorse the views expressed within them. Listing should not be taken as endorsement of any kind. We cannot guarantee external links will work at all times and we have no control over their availability.
If you have any questions regarding these terms, please contact: info [at] everymomentmatters [dot] ca
BY ORDERING PRODUCTS OR USING THE SERVICES OF EVERY MOMENT MATTERS, OR BY OTHERWISE INDICATING ACCEPTANCE OF THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS IN THEIR ENTIRETY, YOU AGREE TO THESE TERMS, AND THESE TERMS CONSTITUTE BINDING AND ENFORCEABLE OBLIGATIONS TO YOU.