Terms & Conditions

Terms & Conditions

By using this website and service you agree to be legally bound by these Terms and Conditions of Use (these “Terms“), including those terms and conditions incorporated by reference. We may revise these Terms at any time by updating this posting. You should visit this web page periodically to review these Terms and Conditions, because they are binding on you. The Logo Design Lab is sometimes referred to in these Terms using the terms “us”, “we”, “our” and similar terms. References herein to a Service shall be deemed to include all text, images, photographs, user interface, “look” and “feel”, data and other content related to such Service wherever the context of the applicable reference so warrants.

 

1. Our Services

(a) Description. We provide an online offering where clients (a “Client“) can post specific assignments and project descriptions, including illustrative samples or other media (each, a “Creative Brief“), revise those Creative Briefs (each, a “Revision Brief“) and obtain responses (each, a “Response“) to those Creative or Revision Briefs from design experts retained by us. We will provide you, as the Client, with certain Services according to the Package you have chosen. Your Responses will be created iteratively through a drafting cycle of Creative Briefs, Revision Briefs and Responses, ultimately resulting in a final Response conforming to your various Creative and Revision Briefs.

(b) Creative Brief and Revision Briefs. You are solely responsible for preparing and posting detailed descriptions of each of your Creative Briefs as permitted by the Services, including providing samples illustrating your Creative Brief and any relevant deadlines. We are under no obligation to review a Creative or Revision Brief for any purpose, including accuracy, completeness of information, quality or clarity.

(c) Reviewing Responses. You are responsible for reviewing any Responses you receive. If you fail to promptly inform us that a Response is not reasonably responsive to the related Creative Brief, you will be deemed to have accepted the Response. After you provide us with a Revision Brief, you may receive a subsequent Response through the Services that conforms to the additional criteria you requested.

(d) Revision Cycles. Revision cycles generally consist of 2-6 additional compositions that incorporate changes you request in a Revision Brief. The purpose of the revision process is to create Responses that move your project forward in the specific direction you have determined. You may request significant changes in the first and second cycles, and the Responses generated might be quite different in nature from the original composition you selected. By the third revision request, your requests shall be modifications of the current composition only. Revision requests that depart from the then-current composition will be honored and completed in a timely manner, however; we reserve the right to charge $50 for each such Revision. No revision work, which requires payment, will be started without your authorisation.

(e) Packages. You may select from any of the design packages detailed on the website. The number of concepts and revisions varies between packages.

(f) Client Accounts. When you register for the Services, you must pay for the Services via credit card, or other payment method expressly authorised by us. You will be charged for the Package you have selected. If you pay by credit card, you will be required to provide a valid credit card number and credit card billing address when registering as a Client. We will email you a receipt for the transactions in which you are involved.

(g) Refunds. If you are not satisfied with the initial Responses provided through the Services, you may request a refund by completing the Refund Request form, which will be provided to you upon request by emailing hello@logodesignlab.co.nz. Upon timely receipt of the completed form, we will refund the total payment made by you, less a ninety dollar ($90.00) service and processing fee.

Furthermore, you shall forfeit the right to the refund outlined above if you request additional revisions to any of the initial concepts. You shall also forfeit the right to a refund if you do not respond in a timely manner to a status notification from us, as described below in Section 1(h). Should you receive a refund, you agree that your acceptance of the refund shall constitute your sole and exclusive remedy with respect to related Responses. Additionally, you acknowledge that you will have no right (express or implied) to use any Response or other work product, content, or media, nor will you have any ownership interest in or to the same.

(h) Project Duration. You agree to provide timely responses to any status notifications that we send to you. You shall have 7 working days to respond to each Response sent to you. If after 7 working days you have failed to respond, we will assume that your project is complete and the project shall be deemed completed. At such time, we will have no further obligation to you, and you will pay us pursuant to the provisions of these Terms.

(i) Operation of Services. We are not responsible for any delays or interruptions of, or errors or omissions contained in, the Services. We reserve the right, but are not required, to correct any such delays, interruptions, errors or omissions. Although we intend to use commercially reasonable efforts to make the Services accessible, we make no representation, warranty or covenant that the Services will be available at all times or at any time. We will not be responsible for any loss, cost, damage or liability that may result from any of the circumstances, actions or inactions described in this paragraph.

 

2. Ownership; Rights to Use

Subject to your compliance with these Terms, you shall own the final Response composition provided to you by us (the “Final Product“). You shall not, however, own the Creative and Revision Briefs, individual Responses provided to you or any materials, media or other content generated during any revision cycles leading up to the Final Product, and we expressly reserve all right, title and interest in and to the same. For greater clarity, we retain the rights to all artwork concepts and other content not selected by you.

You acknowledge that your ownership rights under these Terms are limited to the Final Product, and that no ownership interest in any trademarks or service marks contained in or made a part of any Final Product are being conveyed under these Terms. You hereby acknowledge that we shall have no obligation or duty to perform trademark, service mark or copyright searches or inquiries, or the like, in order to validate the propriety or legality of the Final Product.

Accordingly, you are encouraged to perform your own independent searches with regard to the Final Product. Furthermore, you acknowledge that we shall have no responsibility or obligation of any kind to assist you in seeking intellectual property protection (i.e., without limitation, trademark or copyright registration) for the Final Product, nor shall we be responsible for otherwise assisting you in any way in your attempt to perfect your rights in or to the Final Product.

 

3. Non Disclosure and Privacy

We intend to use commercially reasonable efforts to follow our privacy policy, as such privacy policy may be changed from time to time at our sole discretion. Notwithstanding the foregoing, we cannot and do not assume any responsibility or liability for any information submitted to us in connection with the Services or for the use or misuse of any information submitted by you or any other person, including, without limitation, any information accessed by a hacker or by any other malicious act.

 

4. Disclaimers; Indemnification; Limitations of Liability

We shall not be responsible for any use that is or is not made of the Services. Without limiting the foregoing, we make no representations, warranties or covenants regarding, and does not guarantee, the truthfulness, accuracy, or reliability of any information or other material (including, without limitation, any Creative Brief, Responses or User Identity) that are communicated through, or posted to, the Services, whether by Members, Clients, us or otherwise, nor do we endorse any opinions expressed by any user of the Services, including any Member or Client.

Without limiting the foregoing, we make no representations, warranties or covenants regarding the validity of the rights to Responses granted pursuant to these Terms. You acknowledge that any reliance on information or other material, including, without limitation, any information related to a particular Package or your project, Term Sheet, Response or User Identity, communicated through or posted in connection with the Services will be at your own risk. Without limiting the foregoing, you agree and acknowledge that you use each Response at your own risk and that you are responsible for taking any actions you deem reasonable to determine whether your use of a Response will infringe any statutory or third-party intellectual property, privacy or publicity rights.

IN NO EVENT SHALL THE COMPANY OR ANY THIRD PARTY BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE SERVICES, INCLUDING ANY PART THEREOF, OR THESE TERMS AND CONDITIONS OR ANY OTHER CONSENT (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICES) EVEN IF WE OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. OUR TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE TOTAL AMOUNT YOU PAID TO US FOR YOUR PACKAGE UNDER THESE TERMS AND CONDITIONS.

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