(a) General. Company provides certain services to designers (the “Services”) through a 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”) to connect designers ("Designers") with Contractors in connection with the production of garments and/or accessories (collectively, the “Garments”) in a Designer’s project (the “Design Project”) for the fulfillment by Contractor of 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.In order to use the Services and Platform, Contractor agrees to provide Company with a rate chart indicating Contractor’s fees and rates for Contractor’s Production Services. Once a Designer submits a proposed Design Project through the Platform, Company or Contractor may review such Design Project to determine the complexity level in connection with the Production Services required to fulfill and complete the Design Project (the “Design Level”). If you choose to provide Production Services for a Design Project, within 24 hours of the designation of the Design Level, you will submit a price and rate quote (the “Quoted Rate”) for all costs and fees required for your Production Services to complete the Design Project based upon the Design Level. You understand and agree that (i) Company, in its sole discretion, may match and connect you with the Designer based on your Quoted Rate and compatibility of the Production Services you offer; (ii) once a Designer agrees to your Quoted Rate and you begin Production Services, you will first provide a sample (the “Sample”) of the Garment to Designer prior to commencing full production; (iii) you will commence full production of Garments only upon acceptance and approval of the Sample by Designer (the “Approved Sample”); (iv) subject subsection (v) herein, if and once accepted by Company, the Quoted Rate shall be the final and full pricing for a Design Project to be paid to you; (v) in the event Designer changes or revises the Design Project after confirming an Approved Sample and after you commence completion of Production Services (a “Change”), you will be entitled to increase your Quoted Rate to cover any costs associated with such Change (the “Changed Rate”); (vi) provided that Designer does not instruct you to deviate from an Approved Sample, you will be responsible for replacing production of Garments and all costs associated with such reproduction in the event the completed Garments materially deviate from or do not conform to the Approved Sample; (vii) determining a Design Level and/or submitted a Quoted Rate does not guarantee that Company will be match you with a Designer to fulfill a Design Project; and (viii) there is no guarantee that a Designer will choose you to complete and fulfill a Design Project. All fees for your Production Services shall be paid to you based on the Quoted Rate and Changed Rate, if 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: