| TERMS and CONDITIONS - LOGO DESIGN OnlineLogo and it's parent company, Mackinnon Gregory, Inc. agree to sign over all rights associated with ownership and usage of materials developed by OnlineLogo to the customer upon receipt of customer's final approval and full payment for said materials. Until such time OnlineLogo and it's parent company MacKinnon Gregory, Inc. retains and reserves all rights to any content created by OnlineLogo as set forth by the Copyright Laws of the United States of America (Title 17 U.S.C., et seq., and the Digital Millennium Copyright Act). Once customer's final approval and full payment is received by OnlineLogo, the customer account will receive a "Finalized" status at which time all rights connected with usage, full and unrestricted, will be released to the customer for use in all media, in all markets, for an unlimited period of time. Customer agrees that any changes requested after final files are delivered by OnlineLogo are subject to additional charges. OnlineLogo and MacKinnon Gregory, Inc., retains and reserves the rights to any and all content developed by OnlineLogo that has not been individually and expressly finalized by the customer under this agreement. Customer understands that this agreement is for the ownership rights to final approved individual logo only. All other materials presented to customer during development remain the property of OnlineLogo. PAYMENT TERMS OnlineLogo will secure payment in the amount of $195.00 (US) upon receipt of a completed order form, which will cover expenses to include, but not limited to the following:
Upon receipt of initial three design proofs, customer may elect to make an unlimited number of edits to any one of the three design options presented. An edit is defined as changes made to any number of existing elements within a design and does not include the conceptualization of any new elements. Once work has been performed on customer's order, the initial payment for OnlineLogo's services becomes nonrefundable accept by means of OnlineLogo's Money Back Guarantee as outlined in the "Money Back Guarantee" section of the terms and conditions of this agreement. If the customer chooses to see more than the three logo design options as allowed under this agreement, additional options may be purchased for $75.00 per option. OnlineLogo will notify customer of any additional charges before beginning any services which may require additional payment. Upon receipt of customers final approval of an individual logo design, all rights connected with usage, full and unrestricted, will be released to the customer for use in all media, in all markets, for an unlimited period of time. DELAYS IN PERFORMANCE OnlineLogo and MacKinnon Gregory, Inc. shall not be liable for any delay in performance due to causes beyond it's reasonable control. This includes but is not limited to acts of god, delayed or lack of response from customer and/or email messaging failures. The time for completing the performance that has been delayed shall be extended by a period equal to the delay so caused. Customer agrees to allow OnlineLogo an adequate period of time to complete edits as requested by Customer. Normal time frame for turnaround of requested edits is 3 business days or less. However, OnlineLogo reserves the right to extend this time frame at it's discretion should the amount of work needed to complete the requested edit require more time. COPYRIGHT ISSUES OnlineLogo and MacKinnon Gregory, Inc. make no guarantee of copyright to customer. Customer assumes responsibility of obtaining Trademark or Copyright of any material created by OnlineLogo.com. OnlineLogo and MacKinnon Gregory, Inc. assumes no liability in the event that customer is unable to obtain Trademark or Copyright of said material for any reason. PERFORMANCE GUARANTEE In the event that the customer is not fully satisfied with the results of their purchased logo, OnlineLogo.com and it's parent company MacKinnon Gregory, Inc. agree to issue a 100% refund to the customer, provided that the following criteria have been met: 1. Customer submits, in writing, his/her refund request within 90 days of logo sign off date. 2. Customer attests that said logo image was used consistently in the market place for a period of at least 60 days. 3. Customer provides original, professionally produced samples of at least 4 of the following collateral items as well as copies of executed receipts for said items: • Brochure / Flyer • Web site • Promotional Products (Pens, Mugs, Apparel, Etc...) • Direct Mail • Stationery (Business Cards, Letterhead, Envelopes) • Vehicle Graphic 4. Customer submits, in writing, that he/she releases all rights associated with the logo image, full and unrestricted, back to OnlineLogo.com and it's parent company MacKinnon Gregory, Inc. Furthermore, the customer understands that OnlineLogo.com and it's parent company MacKinnon Gregory, Inc. reserve the right to resell said logo image without notice to the customer. 5. Customer delivers all professionally produced collateral to OnlineLogo.com for disposal at OnlineLogo.com's discretion. Upon the above criteria being met, OnlineLogo.com will issue a check in the full amount of the purchase price of the logo, to the customer. In the event that all or some of the above criteria is not met, OnlineLogo.com will not honor the customer's refund request. LEGAL DISPUTES Customer hereby agrees and consents to venue in Hillsborough County, Florida, USA, in the event of any legal action regarding these Terms and Conditions or of any copyright enforcement regarding the subject matter of these Terms and Conditions. |