Design-it-Yourself Refund Policy Design-it-Yourself refunds are available at any time within the first 30 days after finalization and payment of a design from your logo locker. If within that time period you are not satisfied with the logo you have chosen, we will credit your account $39. This credit can be put towards the purchase of a different logo from your logo locker or an upgrade to one of our Logo Design Guru's custom logo design packages. **The terms and conditions of Logo Design Guru apply to all custom packages.
TERMS OF AGREEMENT By entering into any contract or agreement with Logo Design Guru for products and/or services to be provided by Logo Design Guru, including without limitation ordering any products or services through the Logo Design Guru web site (hereinafter referred to as your "Contract" with Logo Design Guru), 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 Design Guru 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 Design Guru.
If you do not agree with any provision of these Terms and Conditions, you should not order any products or services from Logo Design Guru or enter into your Contract with Logo Design Guru. 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 Design Guru 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 Design Guru 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 Colors: The default color model for our LogoSnap logos is the RGB format. Any format change after the start of the project will have an additional charge. File Format: The file formats will be in Encapsulated Postscript >EPS, AND JPEG. EPS (according to screen size. RGB), PNG (transparent background and double the screen size. RGB) and JPEG (@300dpi of the logo size PAYMENT A $39 Payment for any and all products and services to be provided by Logo Design Guru that are included in your logo package, is due in advance of the commencement of any work by Logo Design Guru. The remaining balance for all projects and services included in your package, including stationery design, flash logos, web design, brochure design, graphic design, printing, screen savers and any other service you agree to, will be collected upon completion of your first draft of logo designs.
However, if you are paying by check or PayPal, pre-payment for all services is required unless a different payment plan is agreed to, in writing, by both parties.
Your logo designs will be uploaded in JPG format into your client panel, which you must view by logging in with the user ID and password that was sent to you, by Logo Design Guru, at the email address you provided when you placed your order. If the email address you provide is not valid, or is filtered by your email system, Logo Design Guru will not be liable for any late service fees and will not refund clients for this reason.
Logo Design Guru 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 Design Guru will notify you of any additional charges under your Contract prior to commencing performance of its obligations there under. REFUND REQUESTS 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 Design Guru cancels or terminates your Contract for a reason other than your breach or non-performance, Logo Design Guru shall not refund any portion of your purchase price. If for any reason a refund is granted the $99 deposit will be kept by Logo Design Guru, for the services that have been rendered.
Logo Design Guru will only refund your money if our management team has deemed that Logo Design Guru 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: DELIVERY AND ACCEPTANCE Upon completion of its products and/or services in accordance with the terms and conditions set forth in your Contract, Logo Design Guru shall deliver your product and/or service to a temporary location designated by Logo Design Guru for your review. Logo Design Guru 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 Design Guru in writing of your acceptance or rejection of the product and/or service. Your failure to notify Logo Design Guru 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 Design Guru in writing of your rejection within said 60 day period, including a detailed explanation for such rejection, following which Logo Design Guru 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 Design Guru 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 Design Guru's discretion.
Any notification in the Logo Design Guru panel to "finalize", or written or verbal notification to "finalize" any project (logo design, stationery design, brochure design, graphic design, web design, web development, Search Engine Optimization, etc.) the project will be deemed "finalized" and "completed". Logo Design Guru will send you your final files via email. Finalization or acceptance of any final files of any project will fulfill Logo Design Guru'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 Design Guru and may not be used in any way by you, the client, without purchasing or reciving explicit written permission from Logo Design Guru, Inc.
SATISFACTION GUARANTEED PROVISION The "satisfaction guarantee" means that all reasonable efforts will be made to create a logo that meets your reasonable specifications within the confines of each package. This means that if you are still not satisfied after the number of redraws in the package you ordered and after all revisions have been made to your final logo selection, Logo Design Guru will attempt create a design that will be acceptable to you. However, if a "reasonable person" defined under Pennsylvania law would be satisfied based on the design specifications you set out on the order form, we are not obligated to continue creating logo designs. If you failed to provide "reasonable" information that will assist our designers in coming up with a design, then Logo Design Guru will not be held liable.
If Logo Design Guru believes the "reasonable person" would have accepted the logos, your only recourse is to commence arbitration at your expense with an arbitrator sanctioned and approved by the American Arbitration Association or by the Better Business Bureau. Further, you agree that Logo Design Guru's appearance at said arbitration can be via phone and that the arbitrator can only make a ruling requiring Logo Design Guru to create additional logo designs, refund your amount less the deductions noted in the payment paragraph, or rule that the current designs would have been accepted by a reasonable person. If the arbitrator rules that a reasonable person would not have been satisfied by our designs, Logo Design Guru will comply with any additional designs ordered to be created by the arbitrator. http://www.logodesignguru.com/Logo-design-packages/packages.asp
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 Logo Design Guru or refer to Logo Design Guru 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 Design Guru 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 Design Guru 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 Design Guru's receipt of payment in full therefor, Logo Design Guru will assign, convey, transfer and deliver all of its right, title and interest in and to the products and/or services developed by Logo Design Guru for you under the terms of your Contract. Any products or services, including samples, rejected or otherwise not delivered by Logo Design Guru and accepted by you shall at all times remain the property of Logo Design Guru and you shall have no right in or to such products or services.
Logo Design Guru retains and reserves the perpetual, royalty-free right to use any and all products and/or services developed by Logo Design Guru for display and self-promotional purposes, regardless of your acceptance and Logo Design Guru's delivery of the same to you. Logo Design Guru specializes in designing custom logos. We can not grant requests duplicate any designs that have been previously designed by Logo Design Guru or any other company unless you can provide notarized written notice from an executive member of the company. Logo Design Guru 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 Design Guru will work with your company to develop an original design you are satisfied with.
TERMINATION Logo Design Guru 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 Design Guru, your Contract and/or your access to the Logo Design Guru Site web site, at any time and without prior notice. You agree that Logo Design Guru 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 Design Guru web site. In the event that Logo Design Guru rejects, cancels or terminates your Contract or your order for a reason other than your breach or non-performance under your Contract, Logo Design Guru 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 Design Guru ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, Logo Design Guru 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 Design Guru 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 Design Guru DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE PRODUCTS OR SERVICES PROVIDED BY Logo Design Guru WILL MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Logo Design Guru 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 Design Guru TO YOU, EVEN IF Logo Design Guru 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 Design Guru's LIABILITY TO YOU FOR ANY DAMAGES RELATED TO OR ARISING OUT OF THE CONTRACT OR Logo Design Guru's PROVISION OF PRODUCTS OR SERVICES SHALL NOT EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO Logo Design Guru 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 Design Guru 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 Design Guru, inc. This includes any vendors that may be listed on Logo Design Guru.com.
Color variation from your computer screen (RGB) to printed colors (PMS/Pantone or CMYK) colors can vary significantly. Logo Design Guru highly recommends that you request a printed proof prior to finalizing or approving your print materials with your print vendor. Logo Design Guru 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. INDEMNIFICATION You agree to indemnify and hold Logo Design Guru, 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 Design Guru 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 Design Guru pursuant to your Contract.
COPYRIGHT AND TRADEMARK NOTICES All intellectual property of Logo Design Guru and LogoSnap.com 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 Logo Design Guru 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 Logo Design Guru is strictly prohibited. Copyright © 2003-2004 by Logo Design Guru.com, Inc. All rights not expressly granted herein are reserved.
GOVERNING LAW These Terms and Conditions shall be interpreted, construed, governed by and enforced in accordance with the laws of the State of Pennsylvania. 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 Pennsylvania 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 Logo Design Guru regarding the matters set forth herein, and any and all previous agreements and understandings between or among you and Logo Design Guru 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 Logo Design Guru unless otherwise agreed to by Logo Design Guru in writing. The failure of Logo Design Guru 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. Any questions concerning these Terms and Conditions should be directed to: Logo Design Guru.com, Inc. Attention: Joe Witte 3000 Cabot Blvd, Suite 225 Langhorne, PA 19047 Fax: (215)-827-5299 Contact Us: If you have any questions regarding our Terms and Conditions please feel to contact us via fax, email or postage. Fax: 215-827-5335 E-mail Us: You can email us 24/7, 365 at support@logosnap.com. Please specify in the subject line that the email is regarding Terms and Conditions. Write Us: LogoSnap 3000 Cabot Blvd. West Suite 225 Langhorne, PA 19047