By entering into any contract or agreement with Logo Online Pros for products and/or services to be provided by Logo Online Pros, including without limitation ordering any products or services through the Logo Online Pros web site (hereinafter referred to as your "Contract" with Logo Online Pros), you hereby agree to abide by, comply with and be legally bound by the policies, terms and conditions hereinafter set forth (these "Terms and Conditions").
For purposes of these Terms and Conditions, references to the products and/or services provided by Logo Online Pros shall include, without limitation, logos, designs, names, graphics or similar materials or information, whether or not protectable, corporate gift items, printing services, web design, screen savers, stationery, brochures, marketing materials, search engine marketing and other design services, and any and all future product or service offerings of Logo Online Pros.
If you do not agree with any provision of these Terms and Conditions, you should not order any products or services from Logo Online Pros or enter into your Contract with Logo Online Pros. These Terms and Conditions are hereby incorporated by reference into your Contract. To the extent that any provision of these Terms and Conditions conflicts with any provision of your Contract, the provision set forth herein shall be deemed amended so as to be consistent with the provisions of your Contract.
Logo Online Pros reserves the right to modify, amend, update and change these Terms and Conditions from time to time with notice via email or other means. You are responsible for regularly viewing these Terms and Conditions. You acknowledge and agree that Logo Online Pros shall not be liable to you or to any third party for any modification, amendment, suspension, discontinuance or other change to these Terms and Conditions.
Creative Design Technical Information
The default color model for our logos is the CMYK format unless you specify that you require PMS (Pantone) prior to the start of the project. Any format change after the start of the project will have an additional charge.
The source file will be in Adobe Illustrator (.ai) format. The fonts will be converted into outlines. Other formats sent will be Freehand, Windows Meta file (.wmf), JPEG, TIFF, GIF and PDF. Additional formats can be required upon request.
We charge up front means you as a Customer need to pay first and then we will start working on your project.
Your logo designs will be uploaded in JPG format into your online client panel, which you must view by logging in with the user ID and password that was sent to you, by Logo Online Pros, at the email address you provided when you place your order. If the email address you provide is not valid, or is filtered by your email system, Logo Online Pros will not be liable for any late service fees and will not refund clients for this reason. Alternatively, while upgrading our systems and software you might not be able to access the online client area, in this case we might send you the design files at the email address you provided while placing the order.
Logo Online Pros shall be entitled, in its sole and absolute discretion, to withhold any products or services it is otherwise obligated to deliver or provide under your Contract until such time as payment in full has been received therefore. Logo Online Pros will notify you of any additional charges under your Contract prior to commencing performance of its obligations there under. 2Checkout.com (2CO) is the authorized retailer for services provided by LogoOnlinePros.com
In any event, any deposited funds for a project shall not be subject to refund after delivery of the first set of logos. Unless Logo Online Pros cancels or terminates your Contract for a reason other than your breach or non-performance, Logo Online Pros shall not refund any portion of your purchase price. If for any reason a refund is granted the $47 administrative fee will be kept by Logo Online Pros, for the services that have been rendered. Under no circumstances will refunds be granted for projects with continuous periods of inactivity of 30 days or greater, be it a lack of contact by the customer or otherwise.
Logo Online Pros will only refund your money if our management team has deemed that Logo Online Pros has not delivered services in an efficient and effective manner as promised. After you complete a refund request form, and if a refund is approved, our cash refund amount is as follows:
Logo Design Refund Policy
Logo Online Pros will retain the following amount: Full package amount less $47 for the first logo draft and handling and processing fee. If you have finalized a logo and request a refund on the other services included with your package, Logo Online Pros will refund the value of the services in the package that were not fulfilled (for bundle deals only).
DELIVERY AND ACCEPTANCE
Upon completion of its products and/or services in accordance with the terms and conditions set forth in your Contract, Logo Online Pros shall deliver your product and/or service to a temporary location designated by Logo Online Pros for your review. Logo Online Pros will notify you via e-mail of such completion and delivery, and the manner in which you may access the temporary location for purposes of reviewing your product and/or service. You shall have 60 business days from the date of delivery to said temporary location to notify Logo Online Pros in writing of your acceptance or rejection of the product and/or service. Your failure to notify Logo Online Pros in writing of your rejection of the product and/or service within said 60 day period shall constitute your acceptance of the product and/or service. In the event you reject the product and/or service, you shall notify Logo Online Pros in writing of your rejection within said 60 day period, including a detailed explanation for such rejection, following which Logo Online Pros shall use commercially reasonable efforts to provide a substitute or replacement product or service as soon as practicable. Upon your written acceptance of the product or service, or any substitute or replacement product or service, Logo Online Pros shall release and deliver the same to you, to such location and in such format as agreed upon in your Contract. This project will be determined to be closed if we do not have written, phone or in person contact from 60 days from the last revision. The project may be re-opened only upon Logo Online Pros's discretion.
Any notification in the Logo Online Pros panel to "finalize", or written or verbal notification to "finalize" any project (logo design, stationery design, brochure design, graphic design, web design, web development, etc.) the project will be deemed "finalized" and "completed". Logo Online Pros will send you your final files via email. Finalization or acceptance of any final files of any project will fulfill Logo Online Pros's Satisfaction Guaranteed policy. Any logos, brochure, web design or additional graphic design samples that were presented to you, and were NOT finalized, will remain the property of Logo Online Pros and may not be used in any way by you, the client, without purchasing or receiving explicit written permission from Logo Online Pros, Inc.
LOGO DESIGN DELIVERY
Our standard delivery time for first drafts and revisions is three (3) to five (5) business days. Your Initial samples will be delivered as per your package description. Expedited projects will be delivered next business day (not including major holidays). Packages that include stationery design will also have next day turnaround time if a customer purchases the expedited service.
Logo Online Pros is not responsible for NOT meeting client imposed deadlines that have not been pre-approved by both parties in writing. LDM is not responsible for any delays that occur in meeting deadlines that result in client/customer providing incomplete, partial information/content or for clients providing late/delayed feedback or response.
Completing Your Creative Brief
We require our clients to complete our internal creative brief (either online, or emailed or faxed) in full in order to meet your design requirements. If we do not receive a complete creative brief, we will notify you and will wait to proceed until the creative brief is completed in full. If you, the client, request us to proceed with an incomplete creative brief, and you are not satisfied with your first draft, you will be required to purchase a second draft.
Content for Your Website
Unless otherwise negotiated with Logo Online Pros, the client is 100% responsible for providing the content (wording and information) for your website in a fully prepared format (able to be cut and pasted in to your website). LDM is not responsible for editing, spell check or grammar errors. LDM is not responsible for delays to your website as a result of the client either NOT providing or providing incomplete content. Content will also include require PHOTOS that you want included on your website. Client is responsible for providing photos or photo direction to LDM.
Finalizing Your Design
Once we have designed, a concept you are satisfied with, you must approve and finalize your concept. After finalization, our web design team will convert your design from an image of your website into HTML. In this phase, it is important to double check your website and make sure you do not require any additional design changes. Although text can be edited after this point, all design changes to headers, navigation bars, or site menus, will incur additional charges.
Converting the website to HTML and Integrating Your Text.
Once the concept for the home page has been finalized, our web designer will convert the design from an image into an HTML web page, and create the subsequent pages using the content that you have provided. It is at this point your text will be integrated into the website. Turnaround time is 4 business days. If you have any additional text changes in the content area of the website, now is time to place them. Once all text is integrated, we will then send you the first functional draft of the website (excluding any development work such as a contact us form or database). You can either approve your site in its entirety, or submit text revisions via your Client Panel. Since HTML or (Hypertext Markup Language) is the standard format for all documents on the World Wide Web, it is imperative that this is done before your site is live. Turnaround time is 4 business days. Remember, once this process begins, you will be unable to make design changes without incurring additional charges. Development
If your project includes any development work, such as a dynamic contact form, or includes database functionality, this will be done after you finalize the functioning HTML draft. After a complete review and test of your site, please finalize through your Client Panel. It is critical that you review, approve, and finalize any development work before your site launches.
Launching Your Site
We will provide you with the web ready files, you need to provide these files to your web master in order to make your site live.
PROJECT INACTIVITY PENALTIES AND FEES
Projects which are left inactive (no revision requests, email notification with revision requests, or phone contact regarding the design of any project), without notifying Logo Online Pros, Inc prior to, for more than 2 months are subject to an Inactivity Fee in order to re-open your project once you return to complete your project. This fee is used to cover search, project/design re-acquaintance, and designer workload restructuring associated with the project inactivity.
The re-open fees are as follows:
Web Design/Development: $100
You represent and warrant that you are the owner of or have the exclusive right to use any and all proprietary information you provide to Logo Online Pros or refer to Logo Online Pros in furtherance of or in connection with your Contract, including without limitation any and all trade names, trademarks, copyrights, graphics, designs, logos, written content/copy for any use, to include copy for web design and brochures/flyers and similar materials or information.
Logo Online Pros MAKES NO REPRESENTATION OR WARRANTY THAT IT HAS THE EXCLUSIVE RIGHT, TITLE AND INTEREST IN AND TO THE PRODUCTS AND/OR SERVICES PROVIDED TO YOU OR THAT SUCH PRODUCTS AND/OR SERVICES DO NOT AND WILL NOT INFRINGE ON THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. Logo Online Pros WILL NOT TAKE ANY ACTION IN FURTHERANCE OF PROTECTING THE PRODUCTS AND/OR SERVICES TO BE DELIVERED UNDER YOUR CONTRACT, AND WILL DELIVER THE SAME "AS IS" AND WITHOUT ANY REPRESENTATION OR WARRANTY AS TO YOUR ABILITY TO USE SUCH PRODUCTS AND/OR SERVICES OR TO OBTAIN TRADEMARK, COPYRIGHT OR SIMILAR PROTECTION OF SUCH PRODUCTS AND/OR SERVICES, IN THE UNITED STATES OR ANY OTHER JURISDICTION.
Upon your acceptance of the product or service and Logo Online Pros's receipt of payment in full therefore, Logo Online Pros will assign, convey, transfer and deliver all of its right, title and interest in and to the products and/or services developed by Logo Online Pros for you under the terms of your Contract. Any products or services, including samples, rejected or otherwise not delivered by Logo Online Pros and accepted by you shall at all times remain the property of Logo Online Pros and you shall have no right in or to such products or services.
Logo Online Pros retains and reserves the perpetual, royalty-free right to use any and all products and/or services developed by Logo Online Pros for display and self-promotional purposes, regardless of your acceptance and Logo Online Pros delivery of the same to you. Logo Online Pros specializes in designing custom logos. We can not grant requests duplicate any designs that have been previously designed by Logo Online Pros or any other company unless you can provide notarized written notice from an executive member of the company. Logo Online Pros will design a logo with a similar look and feel as the design you requested. Refunds will not be provided to companies who have ordered logos and did not receive an identical design to an already trademarked or designed logo. Logo Online Pros will work with your company to develop an original design you are satisfied with.
Logo Online Pros reserves the right, in its sole discretion and for any reason whatsoever, to reject, cancel or terminate, permanently or temporarily, your order for any product or service offered by Logo Online Pros, your Contract and/or your access to the Logo Online Pros Site web site, at any time and without prior notice. You agree that Logo Online Pros shall not be liable to you or any third party for any rejection, cancellation or termination of your order, your Contract or your access to the Logo Online Pros web site. In the event that Logo Online Pros rejects, cancels or terminates your Contract or your order for a reason other than your breach or non-performance under your Contract, Logo Online Pros will return any amounts prepaid by you relating to the rejected, canceled or terminated Contract or order.
DISCLAIMER OF WARRANTIES
YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE INFORMATION, SOFTWARE, CODES, PRODUCTS, SERVICES, TEXT, GRAPHICS, LOGOS OR OTHER ITEMS AND MATERIALS PROVIDED OR MADE AVAILABLE BY Logo Online Pros ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND.
TO THE FULLEST EXTENT PERMITTED BY LAW, Logo Online Pros HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, SUITABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR FITNESS FOR A PARTICULAR PURPOSE. Logo Online Pros MAKES NO WARRANTY THAT ITS PRODUCTS OR SERVICES WILL BE PROVIDED IN A TIMELY AND SECURE MANNER, OR WITHOUT ERRORS OR DEFECTS, OR THAT ITS PRODUCTS OR SERVICES WILL NOT INFRINGE ON THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. Logo Online Pros DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE PRODUCTS OR SERVICES PROVIDED BY Logo Online Pros WILL MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Logo Online Pros OR ANY SUBSIDIARY, AFFILIATE, OFFICER, DIRECTOR, SHAREHOLDER, AGENT, EMPLOYEE OR REPRESENTATIVE THEREOF BE LIABLE TO YOU OR ANY THIRD PARTY MAKING A CLAIM THROUGH YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION OR LOSS OF INFORMATION OR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES), ARISING OUT OF OR RELATED TO YOUR CONTRACT, THESE TERMS AND CONDITIONS, OR THE PRODUCTS OR SERVICES PROVIDED BY Logo Online Pros TO YOU, EVEN IF Logo Online Pros HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED IN YOUR CONTRACT OR THESE TERMS AND CONDITIONS, Logo Online Pros'S LIABILITY TO YOU FOR ANY DAMAGES RELATED TO OR ARISING OUT OF THE CONTRACT OR Logo Online Pros'S PROVISION OF PRODUCTS OR SERVICES SHALL NOT EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO Logo Online Pros UNDER YOUR CONTRACT OR FOR SUCH PRODUCTS OR SERVICES.
PRINTING LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Logo Online Pros OR ANY SUBSIDIARY, AFFILIATE, OFFICER, DIRECTOR, SHAREHOLDER, AGENT, EMPLOYEE OR REPRESENTATIVE THEREOF BE LIABLE TO YOU OR ANY THIRD PARTY MAKING A CLAIM THROUGH YOU FOR ANY PRINTING DAMAGES WHATSOEVER, (to include for example, yet not excluding any other printing issues: color variation, product delivery, pricing, condition of product upon delivery, necessity or quality of printed proofs, typing or content errors) as they may relate to print services that have been fulfilled by vendors or companies outside of and for Logo Online Pros, inc. This includes any vendors that may be listed on Logo Online Pros.com.
Color variation from your computer screen (RGB) to printed colors (PMS/Pantone or CMYK) colors can vary significantly. Logo Online Pros highly recommends that you request a printed proof prior to finalizing or approving your print materials with your print vendor. Logo Online Pros does not provide printing services and therefore will not be responsible for providing refunds for designs or printed materials as a result of color variation, printing costs or any other printed expense after you have approved your final design.
You agree to indemnify and hold Logo Online Pros, its subsidiaries, affiliates, directors, officers, shareholders, agents and employees, harmless from and against any loss, damage, liability, cost or expense of any kind, including attorneys' fees, incurred by Logo Online Pros in connection with a third party claim, demand or otherwise, due to, arising out of, related to or otherwise attributable to the actual or alleged infringement or violation of any intellectual property right asserted by a third party, or otherwise arising out of or related to (i) any materials or intellectual property provided by you in furtherance of the project contemplated by your Contract, or (ii) your use of any of the products or services provided by Logo Online Pros pursuant to your Contract.