Terms & Conditions

Thank you for choosing Truly Handwritten. These Terms of Service (the “Terms”) apply to the services offered by Sean De Vore, Inc., a California corporation (“Truly Handwritten”) through the https://trulyhandwritten.com/ website to you (“Client”). Your personal data will be used to process your order, support your experience throughout this website, and for other purposes described in our privacy policy. Please read Truly Handwritten’s online Terms and Conditions located at: https://trulyhandwritten.com/terms-and-conditions/ (“Terms and Conditions”) and our privacy policy, which are incorporated herein by reference, before setting up your account and using Truly Handwritten’s services. By setting up an account and placing an order, Client acknowledges and agrees to these Terms.

1. Services.

We provide you the following services:

A. Handwrite agreed-upon messages on cards;
B. Handwrite envelopes from contact/address list provided by Client during order process;
C. Enclose marketing materials such as flyers, business cards, and handwritten cards in handwritten envelopes; and
D. Stamp and send packets to recipients (stamps optional at additional cost).

2. Pricing.

A. Truly Handwritten charges $6.00 per handwritten card plus a $200.00 set-up fee (the set-up fee is waived if 200 cards or more are ordered and paid for in full);
B. Truly Handwritten charges $350.00 for the creation of a flyer (which includes two rounds of edits, additional edits will cost $100/hour);
C. Client is charged half the total cost at the time of purchase, and the other half when the order ships out. In the case of a holiday, we may charge your credit card on either the prior or following business day; and
D. Client or Truly Handwritten may cancel anytime. However, the initial payment of half the total cost is non-refundable. To cancel, send an email to customerservice@trulyhandwritten.com clearly stating your wish to cancel your order. Truly Handwritten can cancel by sending you an email stating clearly our wish to cancel further services. In this case, a partial refund of the initial payment may be paid to Client depending on the amounts already spent by Truly Handwritten at the time of cancellation. Any refund would be returned by check to the address provided by Client.
E. Payments made to Truly Handwritten are fully earned when paid. This provision, excluding refunds, supersedes any contrary statement on our website.

3. Process.

A. Client acknowledges that Truly Handwritten does not validate or confirm the accuracy of any contact/address list provided by Client;
B. Client acknowledges Truly Handwritten is not responsible for the content on the cards or materials provided to Truly Handwritten from Client and Client represents that neither the content nor the address list infringes on the intellectual property of any third-party and complies with all applicable laws.
C. Client is responsible for any cards that get returned because of an incorrect address unless it is clear the error was due to the handwriting of Truly Handwritten and not the list provided by Client;
D. Once the order is placed, the order will generally be fulfilled in 5-6 weeks once all necessary information has been provided to Truly Handwritten (including addresses, message content, flyers, and business cards);
E. Truly Handwritten will not sell any of the information supplied by Client to any third-party;
F. Client retains ownership of all intellectual property provided to Truly Handwritten or created with Truly Handwritten for Client’s order. Client agrees to grant Truly Handwritten a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) for purposes of showing a sample of production cards on the Truly Handwritten website, unless Client specifically opts out by email to customerservice@trulyhandwritten.com; and
G. We ask that you promptly proof and provide feedback on all materials during the production process and prior to completion of handwriting cards.

4. Indemnification and Limitation of Liability.

A. Client shall indemnify, defend and hold Truly Handwritten harmless to the fullest extent permitted by applicable law, from any and all “Losses and Expenses” incurred by the Truly Handwritten in connection with any litigation or other form of adjudicatory procedure, claim, demand, investigation, and/or formal or informal inquiry (collectively, an “Indemnifiable Claim”) which arises directly or indirectly from, as a result of, or in connection with, any third-party Indemnifiable Claims including but not limited to and from any infringement of intellectual property, violation of applicable laws, negligence of Truly Handwritten or in connection with any breach or alleged breach of a representation, warranty or covenant by Truly Handwritten contained in these Terms.
B. “Losses and Expenses” shall mean and include compensatory, exemplary, or punitive damages, fines and penalties, attorneys’ fees, experts’ fees, court costs, costs associated with investigating and defending claims, settlement amounts, judgments, compensation for damages to Truly Handwritten’s reputation and goodwill, and all other costs associated with any of the foregoing Losses and Expenses. If the Client fails to promptly indemnify and defend Truly Handwritten against an Indemnifiable Claim and/or to pay Losses and Expenses, Truly Handwritten shall have the right to defend itself and recover its reasonable attorneys’ fees, costs and damages from the Client. The indemnification obligations of the Parties under this Section 4 shall survive the expiration or termination of these Terms.

C. Except for instances involving Truly Handwritten’s gross negligence or intentional actions, in no event shall we be liable to the Client for any indirect, special, incidental, consequential, or exemplary damages, including, without limitation, damages for loss or revenue, loss of profits, or loss of goodwill, arising in any manner from Truly Handwritten’s performance or nonperformance under these Terms or any order from Client. Truly Handwritten’s liability shall be limited to the lesser of: i) the direct and actual damages suffered by the Client, or ii) the fees paid by the Client to the Truly Handwritten for the performance of Truly Handwritten’s Services under that specific order from which the damages at issue arose.

D. Except as expressly provided for in these Terms and to the maximum extent permitted by applicable law, TRULY HANDWRITTEN MAKES NO WARRANTY OF ANY KIND, WHETHER IMPLIED, STATUTORY, OR OTHERWISE AND DISCLAIMS, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NONINFRINGEMENT FOR TRULY HANDWRITTEN’S SERVICES.

5. Representations and Warranties.

Each party hereby represents and warrants that:

A. It has the authority to enter into these Terms and to fully perform its obligations hereunder;
B. These Terms do not and shall not conflict with any of the party’s other obligations to any third parties; and
C. It complies and shall comply with all applicable laws.

6. Force Majeure.

Truly Handwritten will not be liable for, but not limited to, any delay or failure to perform obligations by the reason of, but not limited to, fire, earthquake, flood, explosion, strike, looting, riot, protest, war, terrorism, pandemic, personal injury, or similar event beyond the party’s control.

7. Relationship of Parties.

The relationship of the parties is that of independent contractors. Nothing contained in these Terms shall be construed as creating any agency, joint venture, partnership, or any other form of joint enterprise, employment, or fiduciary relationship between the parties.

8. Notices.

Except as otherwise provided herein, all notices or demands to be given under these Terms shall be in writing and shall be served in person, by air courier delivery or by certified mail, with a copy by electronic mail. Service shall be deemed conclusively made (i) at the time of service, if personally served; (ii) three (3) Business Days after delivery by the Party giving the notice, statement or demand if by air courier with a guaranteed tracking facility; or (iii) three (3) Business Days after placement in the U.S. mail by Certified Mail, Return Receipt Requested, with postage prepaid. Notices and demands shall be given to the address, facsimile number or electronic mail address provided by each party to the other party (or as subsequently modified in writing).

9. No Assignment.

Client shall not assign either in whole or in any part of Client’s duties or responsibilities hereunder without written consent of Truly Handwritten.

10. Governing Law.

These Terms shall be governed by and construed in accordance with the laws of the State of California without regard to its choice of law provisions. The venue for any disputes under these Terms shall be in Los Angeles, California.

11. Attorneys’ Fees.

Any party to these Terms who is the prevailing party in any legal proceeding against any other signatory brought under or with relation to these Terms or transaction shall be additionally entitled to recover court costs and reasonable attorney’s fees from the non-prevailing party.

12. Severability.

In the event that any provision of these Terms is held to be invalid or unenforceable, the remainder of the Agreement shall continue to be valid and enforceable as though the invalid or unenforceable parts had not been included

13. Independent Counsel.

Each party acknowledges and represents that, in executing these Terms, it has had the opportunity to seek advice as to its legal rights from legal counsel and that the person signing on its behalf has read and understood all of the terms and provisions of these Terms. These Terms shall not be construed against any party by reason of the drafting or preparation thereof.

14. Entire Agreement.

These Terms, along with the Terms and Conditions and privacy policy, constitute and contains the entire agreement and final understanding between the parties covering the services provided by Truly Handwritten to Client. These Terms may be modified only with a written instrument duly executed by each of the parties.