Terms of Service Agreement

LetterLogos.com is a division of Graphics Factory CC. In this Terms of Service Agreement, "LetterLogos.com" and "Graphics Factory CC" shall both be understood to refer to the Graphics Factory CC legal entity. The term "Agreement" shall be understood as referring to the LetterLogos.com Terms of Service Agreement in conjunction with the LetterLogos.com Disclaimer. The terms "logo" and "logo design" shall be understood as referring to logo designs as well as any other design work created by LetterLogos.com. The terms "user", "client" and "buyer" shall be understood to include anyone who accesses the LetterLogos.com web site, including but not limited to those that make a purchase from the site. Graphics Factory may at its discretion, at any time and without notice edit this Agreement. It is your responsibility to familiarize yourself with the content thereof and to visit this page and the Disclaimer page from time to time to familiarize yourself with changes to the Agreement.

COPYRIGHT AND TRADEMARKS

All logos displayed on LetterLogos.com are created by Graphics Factory CC staff. As such, Graphics Factory CC claims copyright to all logos displayed on LetterLogos.com. This copyright will automatically transfer to the client once a logo has been ordered and paid for. Graphics Factory CC will retain the right to display sold logos in its portfolio of past work, whether on LetterLogos.com, any of its other Internet sites or on any promotional material, digital or otherwise. Graphics Factory CC will however not have the right to resell any logo for which payment has been received.

While all logos on LetterLogos.com are original designs, created in-house by Graphics Factory CC staff, it is possible that one or more of the logos presented on LetterLogos.com resembles an existing logo design used somewhere in the world. While Graphics Factory CC attempts to determine the uniqueness of all designs and will not offer a logo for sale if it feels there may be a reasonable copyright or trademark objection to it, Graphics Factory CC can not possibly and does not guarantee the uniqueness of any logo design or other design work offered on LetterLogos.com. Clients are strongly encouraged to register their logos as trademarks as soon as they receive the final logo files from LetterLogos.com. In a case where a trademark registration fails due to the prior existence of a similar design, LetterLogos.com will work with the client, free of charge, to make the necessary alterations to the logo, up to a maximum of 10 alterations. Whether or not the client registers a logo as a trademark, Graphics Factory CC will not be liable for any loss or damage resulting from the use of the logo.

LetterLogos.com staff cannot determine whether images submitted to them are the property of the person submitting the images. When an image is submitted to LetterLogos.com to be used in or as the basis of any design work, LetterLogos.com will assume that the person submitting the image owns the copyright to it or has the necessary permission from the copyright holder.

Should we sell or offer for sale material that you believe to be in violation of an existing copyright or intellectual property of any nature, you agree to contact LetterLogos.com directly. If LetterLogos.com agrees to remove the material, you agree that the removal of said material from LetterLogos.com shall conclude the dispute and that you will make no further claim against LetterLogos.com whatsoever.

MONEY-BACK GUARANTEE

LetterLogos.com agrees to honor all refund requests that meet the following criteria:

1. The refund request must reach LetterLogos.com within 30 days of the order. No refunds will be issued after this period.
2. When you select a design as your final logo and the final logo files are delivered to you, the project is closed and a refund is no longer possible.
3. The refund request must include the order number. Where no order number is available, LetterLogos.com will attempt to determine the order number from the client information contained in it's own records, but in such cases the refund will be at the discretion of LetterLogos.com management.

Refunds will be issued in full. LetterLogos.com will not retain any "service" fees or "admin" fees. The refund amount will match the order amount.

When a refund is requested, the client agrees that the sole copyright to the purchased logo or design work reverts back to LetterLogos.com who may at its discretion resell or destroy the design. Any further use of the design by the client will constitute a violation of LetterLogos.com's copyright.

DUPLICATE SALES

LetterLogos.com employs a proprietary system intended to prevent duplicate sales. Even so, there is a short period between the client's order and the point where the logo is marked as "sold" on the site during which another client may submit an order for the same logo. In such cases, LetterLogos.com will award the sale to the client who's order reached LetterLogos.com first. If your order is the second of the two, you may either request a full refund, select a different pre-designed logo from LetterLogos.com or upgrade your order to our "Budget Package". The Budget Package is a custom logo design package. It is more expensive than a pre-designed logo, but the difference is on LetterLogos.com.

TURNAROUND TIMES

LetterLogos.com strives to maintain a one business day turnaround for all design work. This turnaround time can however not be guaranteed. It could happen that circumstances beyond our control prevent us from delivering designs on time or we may simply have a busier than normal day and not be able to get to all the designs. Our policy is to not "rush" any of the work. Where necessary, we will take the extra time needed to ensure that the quality of the work is not compromised.

UNLIMITED ALTERATIONS

Our "unlimited alterations" policy means that we will work with each and every client, as long as it takes, to complete the design work to their satisfaction. It is however possible that a competitor may see this as an opportunity to swamp our design staff to the point where we are unable to maintain profitability. LetterLogos.com management may, at its sole discretion, halt a design project if it feels that the client is unreasonably taking up design time without any intention of completing the project. In such cases LetterLogos.com may ask the client to select one of the concept designs for immediate finalization, to pay additional fees for continued design work or LetterLogos.com may choose to stop the project completely.

The term "alterations" in our understanding refers to changes requested by the client prior to the finalization of the logo. Once the client accepts one of the concept designs as their final logo, the alterations process stops, the design is finalized and the final logo files are delivered to the client. Any changes to the design after this point will incur an additional design fee of not less than $50.

In the highly unlikely event of a design error slipping through on one of the design files, LetterLogos.com will correct the error free of charge. LetterLogos.com will however not be liable for any damages or loss incurred as a result of an error, even if the error is on our side and was brought to our attention. Clients are urged to check designs closely and to proofread all text prior to accepting a design.

DISPUTE RESOLUTION

You agree to resolve any dispute, claim or controversy at law between you and us in accordance with this section entitled "Dispute Resolution". You further agree to contact us directly before resorting to any of the alternatives stated here. This Agreement in its entirety is governed by the laws of South Africa. You agree that any claim or dispute you may have against or with LetterLogos.com will be resolved by a court located in the Western Cape province of South Africa. Any cause of action you may have with respect to LetterLogos.com must be commenced within 30 (thirty) days after it arises, or the cause of action is barred. Should you file a claim contrary to this section entitled "Dispute Resolution" we will be entitled to recover attorney's fees and costs from you up to R1,000,000 ZAR, provided that we have notified you of the improperly filed claim and that you have failed to promptly withdraw the claim.

WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR SOLE RISK. THIS SITE AND THE SERVICES PROVIDED BY US ARE PROVIDED ”AS IS,” AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF THE POSTINGS MADE ON THE SITE. WE CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO OUR SERVICES OR THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS. OPERATION OF THE SITE MAY BE AFFECTED BY FACTORS OUTSIDE OF OUR CONTROL. TO THE FULLEST EXTENT LEGALLY PERMITTED, LETTERLOGOS.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM AND EXCLUDE ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU RECEIVE FROM US OR THROUGH THE USE OF OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

RELEASE OF LIABILITY

You will not hold LetterLogos.com, its officers, directors, employees or agents responsible for the actions of other users on the Site, including any content uploaded by other users. LetterLogos.com does not verify that all user uploaded material is safe to download. You acknowledge the potential danger inherent in downloading material from the Internet and agree that any material that you download from LetterLogos.com, including but not limited to material that you paid for, shall be downloaded at your own risk.

You will not hold us liable to you or any other party for any special, indirect, consequential or punitive damages pursuant to this agreement, including but not limited to loss of profits, loss of business opportunities, loss of goodwill or of reputation even where LetterLogos.com was specifically advised of the possibility of such damages.

LetterLogos.com is offered from and controlled from South Africa. We can not and do not guarantee that the Site will be available or suitable in any other jurisdiction or that our content, processes, methods and agreements will be lawful in all jurisdictions.

Notwithstanding any other provision or clause contained in this Agreement, in no event will our liability to you exceed the greater of (i) R1,000 (ZAR) or (ii) the total fees paid by you to LetterLogos.com in the three months preceding the event or action that gave rise to the liability.

TERMINATION

This Agreement, as updated from time to time, shall become effective upon your first use of the Site and shall continue to remain in full effect for the duration of your use of the site or the duration of your use of material purchased from this site, or until terminated in accordance with the terms of this agreement. Either party may terminate this Agreement at any time upon written notice to the other party, at which point the user agrees to cease using material obtained from this site, even if such material was purchased. After termination of this Agreement any copyright or other intellectual property you obtained from LetterLogos.com will revert back to LetterLogos.com and you will remain obligated to pay any money due by you to us or to another User. When your user account is closed we may permanently delete any data associated with your account.

GENERAL

LetterLogos.com reserves the right to cease work on any project, at any point in the life of the project and for any reason, without notice or explanation. In such cases the order will be refunded in full.

HEADINGS AND HIGHLIGHTING

Headings, boldface text and text color(s) used in this Agreement are intended to aid legibility only and shall have no binding effect.


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© COPYRIGHT 2010 - 2017, LetterLogos.com. All rights reserved. LetterLogos.com is a division of Graphics Factory (CC). LetterLogos is a trademark of Graphics Factory CC. All logos displayed on www.letterlogos.com are copyright or TM Graphics Factory CC or their respective owners and may not be reproduced for any purpose whatsoever without the prior written permission from the copyright/trademark holder. Use of this site constitutes acceptance of the disclaimer.

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