Logo Design Guru Wins Two
American Graphic Design Awards ...More
"We feel the quality of the portfolios speak
more than the price but obviously as a business we are looking for
the lowest price for the best product." Character Comforts
Paul Pavlou, Essex
By entering into any contract or agreement with
LogoGuru.co.uk for products and/or services to be provided by LogoGuru.co.uk,
including without limitation ordering any products or services through
the LogoGuru.co.uk web site (here in after referred to as your “Contract” with
LogoGuru.co.uk), 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 LogoGuru.co.uk 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
and other design services, and any and all future product or service
offerings of LogoGuru.co.uk.
If you do not agree with any provision of these Terms and Conditions,
you should not order any products or services from LogoGuru.co.uk or
enter into your Contract with LogoGuru.co.uk. 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.
LogoGuru.co.uk 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 LogoGuru.co.uk 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.
Logo Design Technicalities
The logo designed will have a CMYK color model. If Pantone colors are
needed the exact values should be specified.
The source file will be .ai [Adobe Illustrator 10], which will be converted
to curve and thus allow editing of size, color etc but the fonts will
be converted into paths/outlines/graphic objects.
Other formats sent will be:
Freehand 10
Meta file .wmf (used for clipart)
JPEG (for screen view)
TIFF (CMYK Printable)
EPS (scalable file for printing)
GIF(RGB color file with transparent background)
Payment
Payment in full for any and all products and services to be provided
by LogoGuru.co.uk under your Contract is due in advance of the commencement
of any work by LogoGuru.co.uk. LogoGuru.co.uk 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. LogoGuru.co.uk.com
will notify you of any additional charges under your Contract prior
to commencing performance of its obligations there under.
In any event, any deposited funds for a project shall not be subject
to refund after delivery of the first set of logos. Unless LogoGuru.co.uk
cancels or terminates your Contract for a reason other than your breach
or non-performance, LogoGuru.co.uk shall not refund any portion of
your purchase price. If for any reason a refund is granted the £99
deposit will be kept by LogoGuru.co.uk, for the services that have
been rendered.
LogoGuru.co.uk will only refund your money if our management team has
deemed that LogoGuru.co.uk has not delivered services in an efficient
and effective manner as promised.
Delivery And Acceptance
Upon completion of its products and/or services in accordance with
the terms and conditions set forth in your Contract,LogoGuru.co.uk
shall deliver your product and/or service to a temporary location designated
by LogoGuru.co.uk for your review. LogoGuru.co.uk 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 LogoGuru.co.uk in writing of your
acceptance or rejection of the product and/or service. Your failure
to notify LogoGuru.co.uk 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 LogoGuru.co.uk in writing of your
rejection within said 60 day period, including a detailed explanation
for such rejection, following which LogoGuru.co.uk 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,
LogoGuru.co.uk 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 LogoGuru.co.uk discretion.
Proprietary Rights
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 LogoGuru.co.uk
in furtherance of or in connection with your Contract, including without
limitation any and all trade names, trademarks, copyrights, graphics,
designs, logos and similar materials or information.
LogoGuru.co.uk 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. LogoGuru.co.uk 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 LogoGuru.co.uk receipt
of payment in full therefor, LogoGuru.co.uk will assign, convey, transfer
and deliver all of its right, title and interest in and to the products
and/or services developed by LogoGuru.co.uk for you under the terms
of your Contract. Any products or services, including samples, rejected
or otherwise not delivered byLogoGuru.co.uk and accepted by you shall
at all times remain the property of LogoGuru.co.uk and you shall have
no right in or to such products or services.
LogoGuru.co.uk retains and reserves the perpetual, royalty-free right
to use any and all products and/or services developed by LogoGuru.co.uk
for display and self-promotional purposes, regardless of your acceptance
and LogoGuru.co.uk delivery of the same to you.
Termination
LogoGuru.co.uk 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 LogoGuru.co.uk, your
Contract and/or your access to the LogoGuru.co.uk Site web site, at
any time and without prior notice. You agree that LogoGuru.co.uk 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 LogoGuru.co.uk
web site. In the event that LogoGuru.co.uk rejects, cancels or terminates
your Contract or your order for a reason other than your breach or
non-performance under your Contract,LogoGuru.co.uk 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 LogoGuru.co.uk ARE PROVIDED “AS
IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND.
TO THE FULLEST EXTENT PERMITTED BY LAW, LogoGuru.co.uk 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. LogoGuru.co.uk 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. LogoGuru.co.uk DOES NOT WARRANT THAT THE
RESULTS OBTAINED FROM YOUR USE OF THE PRODUCTS OR SERVICES PROVIDED
BY LogoGuru.co.uk WILL MEET YOUR EXPECTATIONS.
Limitation Of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALLLogoGuru.co.uk
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 LogoGuru.co.uk TO YOU, EVEN
IFLogoGuru.co.uk 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,
LogoGuru.co.uk LIABILITY TO YOU FOR ANY DAMAGES RELATED TO OR ARISING
OUT OF THE CONTRACT OR LogoGuru.co.uk PROVISION OF PRODUCTS OR SERVICES
SHALL NOT EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO LogoGuru.co.uk
UNDER YOUR CONTRACT OR FOR SUCH PRODUCTS OR SERVICES.
Indemnification
You agree to indemnify and hold LogoGuru.co.uk, 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 LogoGuru.co.uk 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 LogoGuru.co.uk pursuant to your Contract.
Copyright And Trademark Notices
All intellectual property of LogoGuru.co.uk, including all web site
screens and portions thereof, graphics, original text elements, site
design, logos, pictures and icons, as well as the selection, format
and organization thereof, constitute proprietary and confidential information
that is protected by applicable intellectual property and other laws.
Except as expressly authorized by LogoGuru.co.uk in writing or otherwise
required by applicable law, any rent, lease, sale, modification, duplication,
distribution, alteration, retransmission or publication of any intellectual
property or proprietary information of LogoGuru.co.uk is strictly prohibited.
Governing Law
These Terms and Conditions shall be interpreted, construed, governed
by and enforced in accordance with the laws of the State of Delaware.
Under no circumstances shall the laws of any other state be applied,
even where such a result would be implicated by conflict of law principles.
You hereby irrevocably consent to the personal and exclusive jurisdiction
and venue of the federal and state courts located in Delaware regarding
any and all disputes relating to your Contract or these Terms and Conditions.
General
These Terms and Conditions, together with your Contract, shall constitute
the sole agreement and understanding between you and LogoGuru.co.uk
regarding the matters set forth herein, and any and all previous agreements
and understandings between or among you and LogoGuru.co.uk regarding
the subject matter hereof, whether written or oral, other than your
Contract, are superseded by these Terms and Conditions. No agreement
or other understanding other than your Contract purporting to modify
these Terms and Conditions shall be binding upon LogoGuru.co.uk unless
otherwise agreed to by LogoGuru.co.uk in writing. The failure of LogoGuru.co.uk
to exercise or enforce any right or provision of these Terms and Conditions
shall not constitute a waiver of such right or provision. Any provision
of these Terms and Conditions which is invalid or unenforceable in
any jurisdiction shall be ineffective to the extent of such invalidity
or unenforceability without invalidating or rendering unenforceable
the remaining provisions hereof; and any such invalidity or unenforceability
in any jurisdiction shall not invalidate or render unenforceable such
provision in any other jurisdiction.
