(a) General. Through our technology platform (the “Platform”), which includes our proprietary software and content (the “Software”) on our online website (including all content and functionality available through the https://ca.la/ domain name, the "Site") and mobile application (the “App”), we will provide you with the CALA services (the “Services”) in order to connect you with our production partners ("Partners") for the fulfillment of garments and/or accessories (collectively, the “Garments”) in your design projects (“Design Project”). Our Partners can provide you with certain production services, including, but not limited to, fabric manufacturing, trim vendors, technical designers, pattern makers, sourcing services, sample makers, production, and fulfillment vendors (the “Production Services”).
(b) Production Services. Once you design and submit a proposed Design Project through the Platform, we will review the Design Project to determine the estimated total costs of Production Services. You will then be given a quoted rate (the “Quoted Rate”) for all costs and fees required for the completion of your Design Project based on compatibility of your Design Project to an available Partner’s Production Services. You understand and agree that (i) Company, in its sole discretion, may match and connect you with a Partner based the compatibility of the Production Services offered by such Partner to your Design Project; (ii) you agree to pay the Quoted Rate, subject to Section 3 herein, prior to a Partner’s commencement of Production Services; (iii) no Production Services will begin if your payment is declined (e.g. if your credit card is declined); (iv) prior to full production of the Garments your Design Project, you agree to review, approve and/or provide comments on any Garment sample (the “Sample”) created by a Partner in connection with your Design Project; (v) you will bear and be solely responsible for any increase to the Quoted Rate or additional costs incurred by a Partner (the “Changed Rate”) due to changes made on your part to a previously approved Sample (an “Approved Sample”) to a Garment or the Design Project (“Changed Garment”); (vi) you are solely responsible for payment of the Quoted Rate and Changed Rate, as applicable, for production based on an Approved Sample and Company is not obligated to advance funds or pay Partner for any Production Services; (vii) you are solely responsible for any non-payment to a Partner for Production Services; (viii) there is no guarantee that Company will be able to find a Partner to complete and fulfill your Design Project. All fees for Production Services shall be paid to Company based on the Quoted Rate and Changed Rate, as applicable, pursuant to Section 3 of this Agreement. By accepting the terms of this Agreement, you expressly agree to the provisions of this Section 1 “Production Services”.
(c) Shipping and Delivery.Contractor understands and agrees that: