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Logo Portal
Design Terms
1. 'Concept'
A concept is deemed to be a logo design, featuring purely type or type and an icon.
2. 'Unlimited revisions'
Revisions to a logo design are considered to be changes in colour, arrangement and type style. Logo Portal reserve the right to refuse any revision that is deemed in excess of the above description, and is a 'new concept' and chargeable as such.
3. 'New Concepts'
New concepts that are required in addition to those already supplied in a pre-paid package. A new concept is considered to be a new design or a new icon/illustrative route. New concepts are charged at £29+vat per concept in addition to the initial package fee.
4. 'Approval'
Any logo design that is approved by the client is deemed final at fit for supply. Further changes to the design after approval has been given are fully chargeable at a rate equal to the cost of the initial design package purchased.
5. 'Logo design questionnaire'The logo design questionnaire is your brief to us and is the framework for the production of your logo. Once your questionnaire has been submitted we may return to you for further information. Once the information on your questionnaire has been agreed by both parties, refunds for any services engaged cannot be given.
Logo Design Guarantee
This guarantee is available to all Logo Design projects ordered on or after 1st March 2008. 100% refund only available up to First Concepts stage (maximum four concepts prior to 14th July 2008). This guarantee does not apply to any other services or products offered by Logo Portal. Any refunds beyond the initial design stage are at the discretion of the management only.
Website design
Our website design service offers are only available at such competitive prices on the condition of the inclusion of our credit link on each page (samples available).
Removal of these links are only available by separate negotiation.
Logo Portal General Terms of Business
1. Definitions
‘The Supplier’ means Logo Portal.
‘The Client’ means the person, firm or company named in the Quotation.
‘The Quotation’ means the specification of design services offered by the Supplier to the Client.
‘The Project’ means the design services to be provided by the Supplier in accordance with the Quotation.
‘The Contract’ means the agreement between the Client and the Supplier consisting of the Quotation, the Client’s acceptance of the Quotation and these conditions.
‘Intellectual Property’ means any material subject to or capable of protection by patent, trade mark, registered design, copyright, design right, know how or similar protection which is produced, created or used in relation to the Project.
2. Application of Conditions
Except where otherwise agreed in writing between the Supplier and the Client, these conditions shall apply to all contracts for design services between the Supplier and the Client.
3. Formation of the Contract
No binding contract for the performance of the Project will come into existence until the Supplier has received the Client’s written acceptance of the Quotation.
4. Confidentiality
The Supplier will not disclose or permit disclosure of or use to their advantage any information stated to be confidential concerning the Client’s business without the Client’s written permission.
5. Fees
Fees quoted in the Quotation are for the Project as described. Any variation or extension to the Project not covered by the Quotation, including but not restricted to changes in specification and amendment to programme, is not part of the Contract and shall be subject to separate arrangements between the Supplier and the Client.
6. Costs
Costs incurred by the Supplier for such items as, but not restricted to, printing, photography, illustration, typesetting, provision of mock-ups furnished at the Client’s request or with his approval may be included within the overall fee or charged separately. The Supplier is entitled to add a commission for this service.
7. Expenses
In addition to fees and outside suppliers’ costs, the Supplier shall be reimbursed for all reasonable out of pocket expenses properly incurred in the execution of the Project. Such expenses will include hotel and travelling expenses, telecommunications, etc.
8. Invoices
Invoices will be issued on request for both prepaid and non-prepaid services as required. All invoices for goods and services will be deemed payable in advance of supply of said goods and services. Invoices for all design work are deemed payable prior commencement of any project, unless otherwise agreed.
9. Value Added Tax
Value Added Tax at the current rate will be added to invoices as applicable.
10. Payment
Payment for any services agreed outside of our prepayment terms will be due within 30 days from the date of any invoice. Thereafter, the Supplier shall be entitled to charge interest at 8% above the base rate as determined from time to time by The Bank of England.
11. Termination of the Contract
The Contract may be terminated by either party giving the other 30 days notice in writing. On termination the Supplier will invoice the Client for work done, and costs and expenses incurred up to the end of the notice period. This invoice shall be payable upon receipt.
12. Cooling off period
A cooling off period shall exist up to a period of 7 days OR up to receipt of first concepts/first visuals.
13. Dormant projects
13.1 We retain the right to declare any project ‘dormant’ if we have not received communication from the client for over 3 months, and will remove the work from our active schedule.
13.2 Any projects that remain dormant for a further 3 months will be cleared from our servers, and a re-instatement fee of £50+vat will be charged to retrieve the deleted project.
13.3 We will use reasonable means to attempt to contact the client before a project is declared dormant, but we accept no responsibility for maintaining contact with any client with regard to any project.
14. Refunds
Any refunds given are at the sole discretion of the management. A partial refund may be offered prior to completion of the project and within 30 days of the original instruction from the Client. Refunds of any form will not be given if claimed beyond this 30 day limit.
15. Date of Completion of the Project
The time taken to complete the Project depends in part on factors outside the control of the Supplier. These include the degree of co-operation given by the Client’s staff and promptness in agreeing and implementing recommendations. Any forecast or estimate made by the Supplier of the date of completion of the Project or stage thereof is given in good faith having regard to the information made available by the Client and represents the Supplier’s interpretation of the Client’s instructions. Any such estimates and confirmation or variation of them in subsequent reports and correspondence shall not be deemed in any circumstances to be undertakings, warranties or contractual conditions.
16. Intellectual Property
16.1. Unless otherwise agreed between the Supplier and the Client, all Intellectual Property shall belong to the Client on completion of the project, with the following exceptions, and on full payment of all outstanding invoices.
16.2. The Licence granted in terms of this clause 15 shall only apply to materials which are presented to the Client in final form, and shall not include any draft or prototype material.
16.3. The Supplier retains full rights to any draft and prototype concept material produced.
16.4. The Supplier retains the right to use any concept material in any form of self-promotion and advertising as they see fit.
16.5. The Supplier retains full rights to all website coding and script information.
16.6. Any website pages produced by the Supplier are subject to an appropriate credit 'link' for self-promotion and advertising purposes, unless otherwise agreed. These links must not be removed without prior permission.
17. Approvals
The Client is responsible for approving the Project and the Supplier accepts no responsibility for any errors inherent in the work on acceptance of the Project.
18. Liability
18.1. The Supplier accepts liability in respect of any loss or damage, consequential or otherwise, arising as a result of the provision of services under the Contract by the Supplier up to an amount equal to the price payable in terms of the Contract, save where such loss or damage relates to death or personal injury arising as a result of the Supplier’s negligence.
18.2. Except as expressly provided in these Conditions, or where required by law, the Supplier shall not be liable to the Client by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (and whether caused by the negligence of the Supplier, its employees or agents or otherwise) which arise out of or in connection with the provision of design services under the Contract by the Supplier. This exclusion of liability shall not apply in respect of death or personal injury caused by the Supplier’s negligence.
19. Infringement
The Supplier warrants that so far as the Supplier is aware, and without having made enquiry, no design proposed by it will infringe any Intellectual Property right of any third party.
20. Risk
Risk in all materials supplied passes to Client on delivery to the Client or to an independent carrier instructed by the Client or by the Supplier on behalf of the Client.
21. Arbitration
All disputes, differences on question at any time arising between the Client and the Supplier in relation to or in connection with these conditions and all contracts between the Client and the Supplier shall be referred to the arbitration of a person to be mutually agreed upon or failing agreement of an arbiter to be appointed by the President of the Institution of Arbitrators. The arbitrator shall be in accordance with the Arbitration Act 1950 or any statutory modification or re-enactment thereof for the time being in force.
22. Law
These conditions of engagement shall be governed by and construed in accordance with the law of England and the parties prorogate the exclusive jurisdiction of the courts in England.
