Terms Of Service Agreement
Biz-Logo.com is a division of Graphics Factory CC, South Africa. This User Agreement describes the terms on which Graphics Factory CC (“Graphics Factory”, “Biz-Logo.com”, “Biz-Logo”, “we”, “us”), a South African Closed Corporation with its principal place of business in Pretoria, South Africa, offers you (“you” or “your”) access to the Biz-Logo.com web site and service ("Site"). By visiting Biz-Logo.com or making use of the services available on Biz-Logo.com you are agreeing in full to the terms and conditions set out below as well as the terms and conditions in any documents linked to from this document (collectively, the “Agreement”). If you do not agree to all of the terms in this Agreement, please do not use this Site.
The copyright to the final, accepted logo in all its forms is automatically transferred to the client upon completion of the design process. Biz-Logo.com will not have the right to resell or reuse the logo in any way. The only right Biz-Logo.com retains is the right to display all concept logos and the final logo design as part of our portfolio of past work, either on the Internet or any promotional material.
In the custom logo design process, many logos are created that are not accepted by the client. Biz-Logo.com will retain ownership of all such concept logos, except for the final (accepted) version of the logo which will become the exclusive property of the client. This does not apply to pre-designed logos where the concept designs and final logo are very similar.
Although each logo design is created from scratch and is 100% original, Biz-Logo.com cannot guarantee that a very similar logo does not already exist. Biz-Logo.com therefore offers no guarantee regarding the availability of trade names or trademarks. If a similar logo exists, Biz-Logo.com will work with the client to make the necessary alterations to the logo, free of charge. However, by ordering a logo design from Biz-Logo.com, the customer indemnifies Biz-Logo.com, it's owners and affiliated companies/affiliated individuals/logo designers from legal responsibility regarding all intellectual property, copyright, trade name and trademark issues. The customer agrees to take sole legal responsibility should the logo design infringe upon existing intellectual property rights, copyrighted material, trade names or trademarks of any kind.
When a refund is requested, the customer loses copyright to the purchased logo(s) and may not use the logos for any purpose whatsoever. In such cases, the sole copyright of the logo designs in question will remain with Biz-Logo.com. Biz-Logo.com may, at its option, either reuse or destroy those logos.
When a logo project is abandoned, Biz-Logo shall retain exclusive ownership of and copyright to all concept designs produced. Biz-Logo may use such designs as it sees fit, including but not limited to offering them for sale as pre-designed logos. A logo project shall be considered abandoned when the client does not accept one of the concept designs as their final logo and sends no further correspondence to Biz-Logo for a period of twelve (12) months.
Although Biz-Logo.com guarantees that all it's designs are original, it cannot always ascertain whether images submitted to it by a client are protected by copyright. When a client requests a logo to be drawn from an existing image, the client accepts full responsibility should the resulting logo infringe on the copyright of the original image. Biz-Logo.com will in all cases expect the client to, and assume that the client did, do the necessary research regarding ownership or copyright of the original image. By submitting an image to Biz-Logo.com, the client declares that he or she either owns the copyright to the image or has the necessary permission to use it.
The turnaround times indicated on the web site cannot be guaranteed. Our policy is to put quality above speed. We normally deliver batches of concept designs (custom logos) within 2 business days. We normally deliver pre-designed logos within 1 business day. We love happy clients and are 100% committed to delivering within the indicated turnaround times whenever humanly possible.
Long delays between submission of concept designs and client feedback can have a negative impact on our turnaround times. Although we are very patient and do not mind if you take your time pondering over the concept designs, our production schedule has only so many openings. If 2 weeks pass without any feedback from the client, the logo status remains "active" but the priority of the logo may be lowered. This does not apply to "rush" orders.
If we develop a logo for you and, at any stage of the process, you stop responding, your project status will remain "active" for 12 months. After 12 months the project status becomes "completed". Should you wish to resume the design work after 12 months, a new order must be submitted. Note that the 12-month deadline only applies in cases where the client stops responding. As long as we hear from you at least every 12 months, your project status will remain "active" until completed.
The Biz-Logo.com money-back guarantee is valid until we start work on the second batch of concept designs or for 30 days, whichever comes first. When you receive the first batch of designs you may either send your feedback and continue the process or you may request a refund. If you choose to continue the process, the refund option will no longer be available to you. Our satisfaction guarantee remains valid however. We will continue to work on your designs until you are completely satisfied.
When you approve a logo or otherwise request that the final logo files (vector art) be delivered, the project will be considered completed as soon as we make those files available to you. No refund will be issued on completed projects.
Any fees related to printing become non-refundable as soon as the designs go to print.
Biz-Logo.com has no control over spam filters applied by clients, their ISP's or the third party email providers. In cases where Biz-Logo.com cannot deliver designs to the client due to spam filters or email content filters of any kind preventing or blocking email from Biz-Logo.com to the client, the client does not qualify for a refund beyond the limitations of the refund policy.
The money-back guarantee applies to all our work, unless specifically stated otherwise. Biz-Logo.com reserves the right to change the money-back guarantee on a case-by-case basis. Changes (if any) will be clearly communicated to the client prior to the commencement of the design process.
Biz-Logo.com reserves the right to issue a refund on any order if it chooses to cease work on the project. In such cases the client will be notified via email. Biz-Logo will not be under obligation to offer reasons for its decision.
Biz-Logo.com will make no claim of ownership to designs for which payment has been received. The final design becomes the sole property of the client who may use the design for any purpose.
Although Biz-Logo.com disables the link to the order page of pre-designed logos soon after they are purchased, it can happen that two clients order the same logo before the logo is marked as "Sold". In such cases, the first complete order received by Biz-Logo is accepted. If your order is the second of the two, your options are limited to a full refund, selecting a different pre-designed logo from the Biz-Logo web site or any other remedies that Biz-Logo may, at its discretion, choose to offer. An order will be deemed "complete" once payment is received, cleared and matched to the order. Any problems in the order that can cause delays, such as an error in the email address entered in the order form, mean that the order is not complete until Biz-Logo.com support staff have been able to resolve the issue. Biz-Logo cannot guarantee that every pre-designed logo displayed on Biz-Logo.com is available nor that it will still be available by the time you complete a purchase.
Although highly unlikely, it could happen that the same logo is sold more than once. Biz-Logo.com is committed to providing unique, once-off logos and has implemented a system dedicated to preventing duplicate sales, but in the event that the same logo is sold to more than one client, Biz-Logo.com will under no circumstances be liable for direct or indirect damages or loss exceeding the amount paid for the logo. In such cases the client(s) may request either a full refund of their purchase or a new logo.
Biz-Logo.com may display your designs on its web site and related web sites after they have been sold, provided that they form part of a portfolio of past work and is not offered for sale. We do however understand that your project might be confidential and that you might not want the designs made public prior to the launch of your product or service. In such cases you must very specifically ask that the designs be excluded from our portfolio. While we cannot guarantee that we will exclude your designs from our portfolio, we normally would have no problem excluding them for a period not exceeding 12 months.
While Biz-Logo guarantees that you can use your designs for any process under the sun (such as printing it on a T-shirt, embroidery, letterheads etc.) the assumption is that modern processes are used. For example, if you want your logo printed onto a T-shirt and your printer uses some kind of obscure, stone-age stenciling technique, we reserve the right to charge extra if we have to create a version of the logo especially for that printing technique.
The term "unlimited alterations" means that we will keep working on your logo until you are satisfied, no matter how long it takes, but once you accept one of the concept designs as your final logo and we finalize it, the logo project is closed. If you later decide to change your company name, for example, we will gladly refinalize your logo for you with the new company name, but a minimum design fee of $50 applies for changes after finalization. The actual fee is usually $50, but that depends on the complexity of the changes.
In the highly unlikely event of a design error slipping through on one of the design files, Biz-Logo will correct the error free of charge. Biz-Logo 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.
Biz-Logo.com cannot guarantee that its designs will print as intended. Different inks, presses, processes and surfaces can all impact the final result when our designs are sent to print. We use our best judgment and considerable experience to reduce the chances of unexpected printing results, but we do not accept liability for any cost, damage or loss associated with unsatisfactory printing results, even if a potential issue was brought to our attention beforehand. Biz-Logo shall have the right to apply whatever solution it, in its sole discretion, considers adequate/appropriate for the process. The client agrees to check designs and printing proofs carefully before committing to a print job and to, without limitation, hold Biz-Logo blameless in the case of unsatisfactory printing results.
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 Biz-Logo will be resolved by a court located in South Africa. Any cause of action you may have with respect to Biz-Logo 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 R20,000 ZAR, provided that we have notified you of the improperly filed claim and that you have failed to promptly withdraw the claim.
The Biz-Logo.com Disclaimer forms part of this Agreement. We may revise this Agreement at any time. Changes to the Agreement will become effective when they are posted on the Site. It is your responsibility to review the notice and any changes. Your continued use of the Site and our services following changes to the agreement will constitute your acceptance of the revised Agreement. If you do not agree to the revised Agreement, do not continue to use the Site or our services.
You are solely responsible for compliance with local laws, keeping in mind that this service is based in South Africa and that accessing this site and its contents may not be legal for all persons in all countries.
No delay or omission by us in exercising our rights or remedies under this Agreement will be construed as a waiver of such rights or remedies. Any single or partial exercise of a right or remedy shall not preclude further exercise of rights or remedies. If any part of this Agreement is found to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder of the Agreement will remain in full force and effect. You will not transfer or delegate your rights, responsibilities or your account without prior written consent from us. We may assign this Agreement without restriction.
Biz-Logo.com may change specifications of any aspect of its service, prices and this Terms of Service document at its discretion and without notice.
This Agreement together with the Biz-Logo.com Disclaimer comprises the entire agreement between you and us and shall supersede any prior agreement between the parties.