Logo design terms and conditions pre March 1/07

Note - these are the terms and conditions that apply to projects submitted BEFORE March 1, 2007. See here for our current terms and conditions (for projects submitted on or after March 1, 2007).

By utilizing THE LOGO FACTORY INC. web site (www.thelogofactory.com), design services and/or submitting a project via e-mail, phone fax or in person, to THE LOGO FACTORY INC. you (“THE CLIENT”) agree to the Terms and Conditions of Use (“TERMS AND CONDITIONS”) as outlined below. Please acquaint yourself with out TERMS AND CONDITIONS before submitting any order for artwork, logo design or multi-media design (“THE PROJECT”). If you do not accept these Terms and Conditions, you may not use THE LOGO FACTORY INC. design services, studio or web site(s). In the context of these TERMS AND CONDITIONS, preliminary designs “PRELIMINARY DESIGN(s)” refers to the first set of logo/artwork concept(s) presented to THE CLIENT by THE LOGO FACTORY INC. as part of THE PROJECT. In the context of these TERMS AND CONDITIONS, design revisions ("REVISION(S)”) shall refer to changes to PRELIMINARY DESIGNS and/or new artwork, within THE PROJECT’s original client brief, and AFTER presentation of PRELIMINARY DESIGNS. In the context of these TERMS AND CONDITIONS, final designs (“FINALS(S)”) shall refer to the artwork and/or logo design that the CLIENT has approved as a completed artwork, and the artwork that CLIENT wishes to take delivery of, as well as obtain copyright transfer of (if applicable).

1) THE LOGO FACTORY INC. will begin creation of a corporate identity logo design (THE PROJECT) upon receipt of a retainer fee from THE CLIENT that equals no less than 50% of the full billable amount as outlined in our TERMS & CONDITIONS rates sheet (if you are viewing this document off-line, you may request our most current price list by submitting out our rates request form. Projects may require a signed payment authorization form, or telephone payment verification before scheduling.

Completion of new logo/design project.

2) Upon completion of THE PROJECT, THE CLIENT agrees to remit the remaining balance of the project fee within 5 business days. Upon receipt of this balance, THE LOGO FACTORY INC. agrees to transfer all electronic files relating to THE PROJECT to THE CLIENT via previously agreed to method of transmission. THE LOGO FACTORY INC. will transfer ownership of copyright to the client, in writing, at that time. THE LOGO FACTORY INC. retains the right to utilize ANY artwork, designs, edits, revisions and work product from THE PROJECT in advertising, promotion and other, not-for-pay display. THE LOGO FACTORY INC. agrees to add a Trademark, Copyright or other ownership mark as may be requested by THE CLIENT from time to time.

Copyright and/or Trademark.

3) Due to the complexities of international copyright and trademark law, THE LOGO FACTORY INC. will not be held liable should THE CLIENT be found to be infringing on an already existing copyright, trademark or service mark relating to the project name, description or service. All ARTWORK designs created during creation of THE PROJECT are ORIGINAL WORKS and can be protected by copyright.

Client supplied material.

4) THE CLIENT agrees that any digital material, including but not limited to, images, photographs, graphics, text and illustrations supplied by the CLIENT for inclusion, incorporation and/or addition into THE PROJECT (“CLIENT SUPPLIED MATERIALS”) are the property of THE CLIENT, or that THE CLIENT has taken the necessary steps to acquire permission of the legal copyright and/or trademark holder. THE CLIENT agrees to supply THE LOGO FACTORY INC. this permission, in writing, if requested. THE CLIENT also agrees to indemnify THE LOGO FACTORY INC. in the case that CLIENT SUPPLIED MATERIALS are found to be infringing on the copyright, trademark or intellectual property claims of the legal owner of this material. Throughout the duration of THE PROJECT, client warrants that any subsequent artwork supplied by THE CLIENT to The Logo Factory Inc. is the property and/or copyright of THE CLIENT, or THE CLIENT warrants that they have taken adequate steps to acquire permission to use this material in the completion of THE PROJECT from the legal copyright owner. If CLIENT is to supply any outside artwork and/or media, the CLIENT assumes full responsibility and indemnifies THE LOGO FACTORY INC. should this artwork and/or media become the subject of any legal action or ownership dispute. THE LOGO FACTORY INC. reserves the right to refuse to incorporate artwork and/or other media supplied by the CLIENT for use in THE PROJECT, if it is THE LOGO FACTORY INC.’s belief that use of such material is contrary to copyright law and the CLIENT will not submit proof of ownership and/or permission or a specific waiver and indemnity for use of said material. If CLIENT supplies THE LOGO FACTORY INC. artwork, illustrations, photography, designs, composites, sketches, drawings, without copyright notice, or signed permission for use of said copyright, and if such copyright notice cannot be verified, THE LOGO FACTORY INC. reserves the right to waive copyright ownership claim, and subsequent transfer of same to CLIENT as part of THE PROJECT.

Payment terms.

5) Once THE PROJECT has been initiated and PRELIMINARY DESIGNS created, all retainer payments made by CLIENT become nonrefundable. In the unlikely event that THE LOGO FACTORY cannot create a design that THE CLIENT will approve of, THE CLIENT may cancel THE PROJECT in writing. The project then becomes subject to a 'KILL-FEE', an amount not less than 50% of the total amount of THE PROJECT's TOTAL billable amount (Professional, Professional Plus, Gold, Gold Plus and Platinum design packages only). THE LOGO FACTORY INC. will apply any project retainer fees to this 'kill-fee'. In the event of a job cancellation, artwork remains the exclusive intellectual property and copyright of THE LOGO FACTORY INC. unless released in writing by THE LOGO FACTORY INC. and the remaining balance of THE PROJECT's billable amount is remitted. Any ENTRY LEVEL packages that are canceled after creation of and/or presentation to THE CLIENT of PRELIMINARY DESIGNS are subject to a 'Kill Fee' that is the full amount of the package paid to date (Client may, at their discretion, select one (1) design for finalization. If a final design is not selected within 30 days, all works related to project become the exclusive property of THE LOGO FACTORY INC.). Also, if THE PROJECT retainer payment was submitted via any credit card service, THE PROJECT is also subject to a $45 administration and service fee should the project be cancelled, for any reason, by the client, prior to approval and/or completion. Any billing dispute must be submitted to our Customer Service Department.

Project Scope.

6) No further changes in the PROJECT scope may be requested by THE CLIENT, after PRELIMINARY DESIGNS have been presented. Such changes include, but are not limited to company name and/or type of business. Such changes require a new PROJECT submission (project brief) and the creation of a new set of PRELIMINARY designs. REVISIONS (outlined in package details) of any PRELIMINARY design must be within the original scope of the PROJECT brief as submitted to THE LOGO FACTORY, by THE CLIENT, prior to presentation of PRELIMINARY DESIGNS. Any public publishing of PRELIMINARY DESIGNS or REVISIONS by THE CLIENT, or if THE CLIENT makes said web site available on the 'World Wide Web' (THE INTERNET) through placing of any PRELIMINARY or REVISIONS artwork on a server other than The Logo Factory Inc. preview server, and making this IP address available to Internet traffic, constitutes FULL acceptance of ANY and ALL material related to THE PROJECT. Client agrees to pay ALL remaining balances at that time. Any further edits, or revisions to THE PROJECT will be subject to additional hourly billings and/or charges to THE CLIENT, as outlined in our current pricing lists.

7) In the course of THE PROJECT, THE LOGO FACTORY INC. will remain in contact with the client regarding edits, revisions and scheduling. If THE CLIENT fails to provide necessary feedback to THE LOGO FACTORY INC. regarding any edits and/or revisions within 28 days, THE PROJECT may be subject to removal from our servers and placement in our STALE DATED database. Any STALE DATED project is subject to a $75 ($US) reactivation and unarchiving fee. This fee is at the sole discretion of THE LOGO FACTORY INC.

8) In the course of THE PROJECT, THE LOGO FACTORY INC. will remain in contact with the client regarding edits, revisions and scheduling. If THE CLIENT fails to provide necessary feedback to THE LOGO FACTORY INC. regarding any edits and/or revisions within 28 days, THE PROJECT may be subject to removal from our servers and placement in our STALE DATED database. Any STALE DATED project is subject to a $75 ($US) reactivation and unarchiving fee. This fee is at the sole discretion of THE LOGO FACTORY INC.

9) If THE CLIENT fails to communicate with THE LOGO FACTORY INC. regarding any initiated project for a period of more than 90 days, such project will be canceled, and any retainers or deposits shall be applied as a KILL-FEE as outlined elsewhere in this document. No further edits, revisions, file transmission or online image storage will be undertaken by THE LOGO FACTORY INC. after that date. Further activation of this project will be subject to new project activation, project submission, retainers and deposits as outlined in our current pricing schedules, unless specifically waived, in writing by an authorized representative of THE LOGO FACTORY INC.

10) Further, if THE CLIENT, after 60 days from project submission, and after initial preliminary designs have been displayed, wishes to alter original scope of project, as outlined in project submission forms, including, but not limited to, name change, type of business change, theme of business change, specifically requested illustration change, then such project shall be deemed a new project and subject to new retainer payments as per current pricing schedules. Previously paid retainers and/or balances shall be applied as KILL FEES to original project, and any new retainers and/or balances shall be applied to new project as requested by THE CLIENT.

Project 'work product' and unused material/designs.

11) All artwork, designs, edits, revisions and work product created in THE PROJECT (other than the FINAL design accepted by THE CLIENT as being the subject of this agreement) remain the exclusive copyright and intellectual property of THE LOGO FACTORY INC. Any use of this work project by THE CLIENT and/or their assigns is strictly prohibited without written, prior permission by THE LOGO FACTORY INC.

12) The Logo Factory is NOT liable for any damages or expenses incurred by the client in the use of artwork created in THE PROJECT by third parties, unless said third party is contracted by The Logo Factory as a 'work-for-hire' vendor, or in direct professional consultation with THE LOGO FACTORY INC. Such consultation is subject to fees as agreed to by THE CLIENT and THE LOGO FACTORY INC. By contracting THE LOGO FACTORY INC. to create THE PROJECT as outlined in these terms and conditions THE CLIENT agrees to abide by the terms and conditions contained therein. For further information on any of our terms and conditions,please contact us at info@TheLogoFactory.com.

Certain terms and conditions for multi-media and/or web design may vary. If you are submitting a flash animation, web site, or multi-media project, please see here.