Logo Portal Terms of Business

Logo Portal General Terms

We reserve the right to amend, edit or replace these terms of business at our own discretion, and without prior notice.

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 acceptance of the Quotation, either written or via email, and receipt of the agreed prepayment.

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

8.1 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 to commencement of any project, unless otherwise agreed.

8.2 New clients are required to make payment prior to acceptance of any project.

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. In the event that any prepaid projects remain unstarted at the time of termination of the contract, the client shall be entitled to a credit note for a sum equal to that made at the time of payment.

12. Refunds

12.1 Any refunds given are at the sole discretion of the management.

12.2 Refunds will not be given for any logo design project that has progressed beyond ‘first concepts’ stage – the submission of the initial 6 concepts to the client.

12.3 Refunds will not be given for projects that are subsequently terminated by the client or declared dormant by the supplier in relation to term 14 below ‘Dormant and inactive projects’

12.4 Any projects that have prepaid elements that remain unstarted at the time a project is terminated or declared dormant will be entitled to a credit note for a sum equal to that made at the time of payment.

13. Logo Design Guarantee

Refunds offered in relation to our Logo Design Guarantee are subject to the following terms:

13.1 The project must not have progressed beyond the initial 6 concepts.

13.2 The request must be received within 7 days of the submission of the first concepts by the supplier.

13.3 A refund request form must be signed and submitted, and subject to the client’s acceptance of the terms as set out on the form.

14. Dormant and inactive projects

14.1 We retain the right to declare any project ‘dormant’ if we have not received communication from the client for over 30 days, and will remove the work from our active schedule.

14.2 Any projects that remain dormant for a further 30 days will be declared ‘inactive’ and subsequently removed from our active servers.

14.3 Projects that are declared inactive and removed from our servers will be subject to a re-instatement fee of £50+vat should the client wish to return the project to ‘active’ status.

14.4 We will use reasonable means to attempt to contact the client before a project is declared inactive, but we accept no responsibility for maintaining contact with any client with regard to any project.

14.5 Any projects that are declared ‘dormant’ or ‘inactive’ waive any right to a refund of any fees paid. Credit notes will be issued in respect of any unstarted project, at the management’s sole discretion.

15. Intellectual Property

15.1. 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.

15.2. The Licence granted in terms of this clause 15.1 shall only apply to materials which are presented to the Client in final form, and shall not include any draft or prototype material.

15.3. The Supplier retains full rights to any draft and prototype concept material produced.

15.4. The Supplier retains the right to use any concept material in any form of self-promotion and advertising as they see fit.

15.5. The Supplier retains full rights to all website coding and script information.

15.6. 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.

16. Approval and acceptance of supplied work

16.1 The Client is responsible for approving the Project and the Supplier accepts no responsibility for any errors inherent in the work on approval of the Project.

16.2 All contracts for creative work are considered complete once supplied to the Client in their final form as accepted by the Client. For graphic design work, logo design and identity this means supply via email to the Client of the final artwork files. For website project, this means completion of coding and upload to the hosting space. Any work beyond this point is chargeable at the Supplier hourly rate.

17. Liability

17.1. 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.

17.2. 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.

18. 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.

19. 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.

20. 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.

21. 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.

Design Terms

1. ‘Concept’

A concept is deemed to be a logo design, featuring purely type or type and an icon.

2. ‘First concepts’

‘First Concepts’ are deemed to be the initial designs presented to the client, with the presentation entitled ‘First Concepts’.

3. ‘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.

4. ‘Unlimited Concepts and Feedback’

4.1 The client’s participation in the design process is critical in order for us to agree a final design concept for supply. We will continue to offer unlimited design concepts until the client gives this approval to one design for as long as we receive constructive feedback.

4.2 Constructive feedback is any form of communication that would allow us to proceed with further designs, such as rationale and reason behind any decision to approve or reject a concept. Examples of feedback that is not constructive would be ‘I do not like it’ or ‘I will know it when I see it’.

4.3 We will not produce further concepts if we deem the feedback we receive to be unacceptable. Unacceptable feedback would include any personal insults, calling into question the designer’s credentials or motivation, or any similar unprofessional or un-businesslike behaviour.

4.4 Feedback must be given via email for our records.

5. ‘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.

6. ‘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.

7. Changes to the brief

Should the client choose to change the brief after we have begun work on the project, we reserve the right to declare this a new project and seek further payment. Changes to the brief would include a change of name, business type or other crucial element.