These are the terms and conditions for Logo Solution Limited, a company registered in England and Wales and whose registered office is at Logo Solution Ltd, 41 Mayflower, Saxmundham, Suffolk, IP17 1BU
Logo Solution Limited
Registered UK Company Number 04807843
We never use any form of clipart or use other files from any other organisations.
All fonts are purchased by the company or from the individual font and type foundries, renowned by technical excellence in themselves.
See below for refund guarantee and termination terms.
Our Lawdit Stay Legal Seal
Lawdit Solicitors' Stay Legal seal enables both consumers and businesses to purchase goods and services over the Internet with the confidence that the website has complied with the laws of England and Wales at the time of your online purchase or order. This includes not only a clearly defined set of legal terms but also compliance documents as drafted by Solicitors in relation to privacy and data protection. Stay Legal have issued LOGO SOLUTION LTD the Lawdit Seal which certifies that they are legally sound.
Use of Website on these Conditions
All use of the website logosolution.co.uk (‘the Site’) and taking of chargeable services from us is on the terms and conditions below. If you do not agree to these conditions cease use of the Site immediately.
You may print and keep a copy of these terms. They are a legal agreement between us and can only be modified with our consent. We reserve the right to change the terms at our discretion by changing them on the website.
Appointment
You the customer will provide us with instructions by ordering one of our Design Packages as set out on our website.
Accuracy of Information and Disclaimer
At Logo Solution (‘we/us’) do our best to ensure all information on the Site is accurate. If you find any inaccurate information on the Site let us know and we will correct it, where we agree, as soon as practicable. You should ensure information you send to us is accurate and does not breach anyone else’s rights such as trademarks, copyright or is libellous, obscene, menacing, threatening, offensive, abusive, fraudulent, criminal or infringes the rights of other people or in is in any way illegal. If you instruct us to create and design you warrant that the word or design you send us is your own and does not infringe the Intellectual Property Rights of any third party. You should independently verify any information you send us before relying upon it i.e. via the Patent Office or through Solicitors.
The Service
We are engaged in business as a developer of corporate identities and a provider of brand consultancy advice. We will provide you with your chosen package as from the date we receive payment from you (the ‘Effective Date’) and subject to the terms and conditions of this agreement, you will appoint us with effect from the Effective Date to provide the Services for the Design Project. We shall provide the service with all due care, diligence and skill but for the avoidance of doubt, time shall not be of the essence. We are also closed during weekends and bank holidays.
Price and payment
In consideration of performance by us under this agreement, you shall pay the sum as specified by us prior to you paying in full for our Services. The price shall not be subject to any adjustment whatsoever except in relation to or as agreed or determined by us in an e-mail to you i.e. by way of a discount. The price is inclusive of VAT and expenses if applicable. We accept all major credit and debit cards, including Visa Electron and Paypal. Payment is required in full before the design process starts. We accept payments in Pound Sterling, US Dollars and Euros.
Cheque made payable to LOGO SOLUTION LIMITED and sent to:
LogoSolution.co.uk
41 Mayflower
Saxmundham
Suffolk
IP17 1BU
Intellectual property rights
Provided we have received full payment for the Services we agree to assign the brand IPR to you. The Brand IPR shall mean all rights in the copyright to the Services.
We reserve the right to retain the right to carry the logo on our website by way of a customer testimonial.
Warranties and representations
We warrant and represent to you that:
* We will carry out our duties under this agreement to the best of current industry standards and practice and with due diligence care and skill -
* The Brand Identity represents a reasonable and appropriate solution to your needs; and
* The Brand Identity will, in our opinion, provide a reasonable and an appropriate platform from which your business can be expanded and developed
You warrant and represent that as far as you are aware use of the Brand IPR will not infringe any third party rights;
Termination
A party ('the Initiating Party') may terminate this agreement with immediate effect by written notice to the other party ('the Breaching Party')
In then event that you terminate this Agreement the amounts become non-refundable if the project has moved into development (revisions / edits / changes) stages OR a re-draw stage (further concepts). If none of the initial designs suit your requirements further concepts are produced as standard. Failure to terminate the contract immediately after the initial designs have been produced will result in no refund available.
Websites are non-refundable once any work on them has been carried out. Bespoke quotes for ANY design work of ANY nature (excluding logo design) are non refundable once any work on them has commenced. Refunds may take 28 days to process and are subject to a £5 service charge due to card processing fees.
Please note we do not entertain refund requests via email or telephone. We require a written letter of cancellation to our office address.
In the event of a cancellation, all brand IPR is owned by us.
Any archived project is subject to a £20 (STERLING) reactivation fee. This fee is at our sole discretion. If you fail to respond after one year, all artwork may be removed from our website page and production storage and cancellation of the project will be enforced with all amounts becoming non-refundable.
Liability
Our entire liability to you in respect of any breach of our contractual obligations, any breach of warranty, any representation, statement or tortious act or omission including negligence arising under or in connection with this agreement shall be limited to the value of the Services
We shall not be liable to you for any indirect or consequential loss you may suffer even if such loss is reasonably foreseable. It is a condition precedent to this agreement that we undertake and agree to take out adequate insurance cover with an insurance office of repute to cover our liability in respect of the full performance of all of our duties and obligations under this agreement.
We will accept no liability in any event including (without limitation) negligence for any damages or loss of any kind, including (without limitation) direct, indirect, incidental, special or consequential damages, expenses or losses arising out of, or in connection with your use or inability to use the Site, or in connection with any error, omission, defect, computer virus or system failure, or loss of any profit, goodwill or reputation, even if expressly advised of the possibility of such loss or damages, arising out of or in connection with the access of, use of, performance of, browsing in or linking to other sites from this Site.
We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Site or any part of it, with or without notice, at any time. You agree that we shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Site.
No Warranty
Although we have taken all reasonable care to ensure that the information provided on this Site is accurate, we give no warranties of any kind, express or implied, with regard to the accuracy, timeliness or completeness of any such information. Opinions and any other contents at the Site are provided by us for personal use and informational purposes only and are subject to change without notice.
Copyright - Site and Client Copyright for logo/photos
The Site contains copyright material, trade names and other proprietary information, including, but not limited to, text, software, photos, graphics and may in future include video, graphics, music and sound. The entire contents of the Site are protected by copyright law. We, or our licensors, own copyright and/or database right in the selection, co-ordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part except as provided in these Terms. See the Copyright notice on our Site. You may download information from the Site for your own personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission and that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.
Logo Solution is the trade name of Logo Solution Limited. You may not use this name without our consent. We provide hypertext links to other sites are operated by other people. Using such a link means you are leaving our Site and we take no responsibility for, and give no warranties, guarantees or representations in respect of linked sites.
Full copyright is passed to you, the client, upon completion of the logo. We are not held responsible for any infringement of logo designs we design. Designs here are 100% original and any similarity is purely coincidental. If found to be under infringement our usual policy is to produce a new logo design providing we have sufficient proof of the infringement.
No photos are provided for leaflets / flyers or brochures - these need to be provided by the client in high resolution where possible. Any infringement of copyright on these are not our responsibility.
Force Majeure
Neither party shall be deemed to be in breach of this agreement or otherwise liable to the other party for any delay in performance or any non-performance of any obligations under this agreement if and to the extent that the delay or non-performance is due to an event or circumstance beyond the reasonable control of that party ('an event of force majeure') and the time for performance shall be extended accordingly.
Dispute resolution
All disputes at any time arising between the parties that cannot be resolved in the first place be referred to an expert. The expert must have appropriate qualifications and practical experience to resolve the particular dispute and be agreed by the parties. In the event of failure to agree the expert shall be appointed by the President for the time being of the Law Society.
Conflict of terms
Except as otherwise expressly provided in this agreement, in the event of any conflict between the terms of this agreement and the schedules or either parties' standard terms and conditions of business, the terms of this agreement shall prevail.
Invalidity
If any provision of this agreement is or becomes invalid, illegal or unenforceable in any respect under the law of any jurisdiction, whether pursuant to any judgment or otherwise: the validity, legality and enforceability under the law of that jurisdiction of any other provision, and the validity, legality and enforceability under the law of any other jurisdiction of that or any other provision, shall not be affected or impaired in any way.
If any provision of this agreement is held to be void or declared illegal, invalid or unenforceable for any reason whatsoever, that provision shall be divisible from this agreement and shall be deemed to be deleted from this agreement and the validity of the remaining provisions shall not be affected. If any such deletion materially affects the interpretation of this agreement, the parties shall use their best endeavours to negotiate in good faith with a view to agreeing a substitute provision that as closely as possible reflects the commercial intention of the parties.
Entire agreement
This agreement embodies and sets forth the entire agreement and understanding of the parties and supersedes all prior oral or written agreements, understandings or arrangements relating to the subject matter of this agreement. Neither party shall be entitled to rely on any agreement, understanding or arrangement not expressly set forth in this agreement save for any representation made fraudulently.
Unless otherwise expressly provided elsewhere in this agreement, this agreement may be varied only by a document signed by both of the parties.
Legal Jurisdiction and Dispute Resolution
English law shall apply to these terms, notwithstanding the jurisdiction where you are based. You irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts. The place of performance shall be England.
We make no warranty or guarantee that the Site or information available over it complies with laws other than those of England.
General
Any formal legal notices should be sent to us at the address at the end of these Terms by email confirmed by post. Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under this agreement. Nothing in these Terms is intended to, nor shall it, confer any benefit on a third party whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Terms Last Reviewed & Modifed 04/09/10 10.11am GMT