TERMS OF SERVICE
The website Zippy Logos and/or any mobile application which facilitates access to the Zippy Logos website (together, “the website”) is owned and operated by Zippy Logos, Inc. a Company registered in Delaware, United States of America, with Company number __________________ .
These Terms and Conditions apply to all users who access, use and/or attempt to access or use the website to use the said services offered by Zippy Logos on their Website mentioned above. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU CONFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU ARE ADVISED NOT TO CONTINUE USING THIS WEBSITE ANY LONGER. ZIPPY LOGOS MAY MODIFY THESE TERMS AND CONDITIONS AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE SAME ON THE WEBSITE. YOU AGREE TO REVIEW THIS DOCUMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE WEBSITE SHALL BE DEEMED AS A CONCLUSIVE ACCEPTANCE OF SUCH MODIFIED TERMS AND CONDITIONS.
TERMS OF SERVICE
Using our website, you will be able to post specific project assignments and media samples (Creative Briefs), revise them as per requirement (Revision Briefs) and receive customized response towards these briefs (Response) from our in-house design experts (Members). We offer a wide choice of service packages (described in details below) with customizable number of Responses and revision cycles which you, the Client, can choose from as per your specific project needs. In every package we make sure your Creative Briefs go through a rigorous process of Revision and Responses to ensure the best possible results. However, please note that we reserve all rights to accept or deny to review, at our sole discretion, any Creative or Revision Brief for any purpose, including accuracy, completeness of information, quality or clarity.
Depending upon the service package opted by you, Revision Cycles may consist of 2-6 additional Response compositions keeping in mind the instructions of your Revision Brief. The first two Revision cycles allow for significant modification and/or deviation from the original Creative Brief submitted by you. However, from the third cycle onwards, all Responses generated shall be modifications of the last submitted composition only. We reserve the right to charge an additional $50 towards any special request that needs significant change beyond the first two rounds of revision. But no paid revision work shall be started without your authorization under any circumstances whatsoever.
You, the Client, shall bear all responsibilities for preparing your Creative and Revision Briefs, and reviewing all Responses received thereto. You shall have 30 days to review and provide feedback to each Response sent to you, upon failure of which the last Response shall be assumed to be accepted and the project shall stand final and complete without any further obligation on our side. If you feel that a Response is not suitably addressed to the Creative Brief submitted by you, you may be requested to submit a Revision Brief based upon the received Response. However, under no circumstances we shall be held responsible for the idea or content of Response(s) prepared by our Members in order to conform to your Creative or Revision Briefs.
You may select from the following Service Packages:
5 original Response compositions
3 revision cycles
5 original Response compositions
5 revision cycles
color & style audit
5 original Response compositions
5 revision cycles
color & style audit
Logo Re-draw Package
Re-draw composition provided
2 original Response stationery sets
2 revision cycles
We accept online payment in a secure environment via credit card. It is your responsibility to ensure that a valid card number and billing address is provided for us to process your payment. All successful transactions shall be followed up by an online receipt via email to the email address provided by you during registration. In case you have any question about the pricing or method of payment, feel free to reach out to our customer support before you make the payment, We accept no liability for any error in any third party payment gateway. In case there is any revision of our fees and service charges, you shall be notified in due time.
CANCELLATION AND REFUND POLICY
We take the full payment up-front in order to process and respond to your Briefs at the earliest. However, if you are not completely satisfied with the quality of Responses received, you may request for a cancellation and refund by duly submitting the appropriate Refund Request form within 3 business days of the last received Response. Upon timely receipt of the completed form, you shall receive the full amount paid by you, minus service and processing fees respective of the selected package. (i.e Silver package – 35%/ Gold Package – 30%/ Platinum Package – 25%). Any refund request received after the said timeline shall be processed at our sole discretion, which may include imposition of additional service fees. Your acceptance of the refund shall constitute your sole and exclusive remedy related to the Project, and you shall have no right or ownership interest, express or implied, towards any Response or related work product post such refund. Notwithstanding the foregoing, we reserve the right, in our sole discretion, to terminate your access to all or any parts of our Services, at any time, with or without notice, and determine your eligibility for any refund in such cases.
REGISTRATION OF USER ACCOUNT
To be eligible for an individual account on our website, you must be at least 18 years of age and must accurately complete and submit all registration details. You must not use any other person’s account to access the website. You must not allow any other person to use your account to access the website. You must notify us in writing immediately if you become aware of any unauthorised use of your account.
If you register for an account with our website, you will be asked to choose a User ID and Password, which must be kept confidential at all times. You must not use your User ID for or in connection with the impersonation of any person.
You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to notify Zippy Logos immediately of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Zippy Logos cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
ACCEPTABLE USE OF WEBSITE
You are solely responsible for the content or information you post, upload, publish or display in connection with the Services, or transmit to other users (User Content). Zippy Logos does not and cannot review all User Content posted or sent by users of the Services, and shall not be held responsible for the same under any circumstances whatsoever. We reserve the right, but are not obligated to, delete, move or edit User Content that we, in our sole discretion, deem to be in violation of the guidelines set forth herein or any other applicable content guidelines or deem to be otherwise unacceptable.
You must not:
- use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website
- use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity
- authorize or encourage any third party to generate fraudulent impressions of or fraudulent clicks on any advertisement, including but not limited to, through repeated manual clicks, the use of robots or other automated query tools and/or computer generated search requests, and/or the fraudulent use of other search engine optimization services and/or software
- use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan Horse, worm, keystroke logger, Rootkit or other malicious computer software
- conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent
- access or otherwise interact with our website using any robot, spider or other automated means
- violate the directives set out in the robots.txt file for our website use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing)
You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
USER CODE OF CONDUCT
By submitting your registration details and opening an account on the Website, you represent, warrant and agree to the following:
- The information furnished by you in the registration form is accurate, true, current and complete, and you will maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete.
- You will not take any actions that may undermine, disrupt or manipulate the working functionality and integrity of the Website.
- You will not impersonate any person or entity, or make any false statement regarding his or her employment, agency or affiliation with any person or entity.
- You will not stalk, threaten or harass any other Member(s) or infringe upon or attempt to infringe upon their privacy.
All contents displayed in the Website are owned and/or licensed by Zippy Logos and are protected by international laws on patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names and other applicable rights. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, any material on or from the website, including text, graphics, logos, designs and/or any other work product related to any project whatsoever. Furthermore, you shall not change or delete any copyright or proprietary notices from the said materials or allow any third party to do so. Please note that we are under no obligation to perform any trademark, service mark or copyright searches in order to validate the propriety or legality of the Final Product, and by all means we encourage you to perform independent searches on the same.
Please note that we are under no obligation to perform any trademark, service mark or copyright searches in order to validate the propriety or legality of the Final Product, and by all means we encourage you to perform independent searches on the same.
OWNERSHIP AND RIGHTS OF USE
You hereby acknowledge and agree that upon your submission of a Creative/Revision Brief and /or any other information submitted pursuant to the use of our services (collectively, “Client Information“), you grant us and our agents a royalty-free, non-exclusive, perpetual, irrevocable, worldwide right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (in whole or in part), and/or incorporate in other works, in any form, media, or technology now known or later developed, such Client Information for the full term of any intellectual property rights that may exist in such Client Information.
You shall have a non-exclusive right of use of the final Response submitted to you from our end (the Final Product). However, please note that such rights of use shall not include the content produced during the revision cycles and/or content that was not selected by you for the final version, for any reason or purpose whatsoever. Subject to the fulfillment of other terms and conditions outlined in this document, full rights of exclusive ownership and usage of the Final Product may be acquired by you at an additional cost. Please write to us at email@example.com to know more about the procedure and cost of transfer of ownership rights.
LIMITATION OF LIABILITY
The website is provided in an “as is” basis, and while we try to ensure that all information on the Website is correct and up-to-date, we make no promises to the accuracy or completeness of such information. Under no circumstances will Zippy Logos any of its directors, shareholders, employees, sub-contractors and agents be liable for any incidental, consequential, or indirect damages (including, but not limited to, physical harm, loss of profits, business interruption, loss of goodwill and the like) arising out of the use or inability of use of the service/ information provided on or downloaded from the website, or any delay in the processing of such information or services. For removal of doubt, this includes situations where there is any failure or delay in performance of any of the obligations under these Terms and Conditions that is caused by events outside our reasonable control (force majeure events).
You further agree to indemnify, defend and hold harmless Zippy Logos and/ or any of its directors, employees, sub-contractors and agents from and against all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys’ fees) arising out of or in connection with the access and usage of this website and related Terms and Conditions.
In the event applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law, and the shall in no circumstances exceed twice the value of your Order or $100, whichever is lower.
Notwithstanding the above, nothing under these Terms and Conditions will:
- limit or exclude any liability for death or personal injury resulting from negligence
- limit or exclude any liability for fraud or fraudulent misrepresentation
- limit any liabilities in any way that is not permitted under applicable law
- exclude any liabilities that may not be excluded under applicable law
You agree to indemnify, defend and hold harmless Zippy Logos , its officers, directors, employees, agents, licensors, consultants, representatives and agents from and against all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys’ fees) arising out of or in connection with (a) your use of or inability to use the Website or Services (b) your violation of any terms of these Terms or your violation of any rights of a third party, or (c) your violation of any applicable laws, rules or regulations. Zippy Logos reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will offer complete cooperation with Zippy Logos in asserting any available defenses.
THIRD PARTY CONTENT AND THIRD PARTY WEBSITES
The website may contain external links and advertisements submitted by or directed towards third party websites. Unless expressly stated otherwise, links to such third party websites do not signify that we endorse the website(s) and/or is associated with such sites in any manner. If you decide to access linked third party websites, you hereby agree to do so at your own risk and these T&C (including Privacy and Cookies Policy) no longer remains applicable.
Posting of external links to the Zippy Logos website is permitted through comments and feedback of a verified user, provided such links do not violate any applicable law, is compliant with the Terms and Conditions outlined in this agreement, does not cause any harm to the reputation of this website and does not falsely imply an association with this website when none exists. Zippy Logos reserves the right to withdraw such linking permission at any time without citing any reason.
The communications between you and Zippy Logos use electronic means. For contractual purposes, you (a) consent to receive communications from Zippy Logos in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Zippy Logos provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing.
This Agreement shall be governed by and construed in accordance with the laws of Delaware. All disputes between the parties as to the validity, execution, performance, interpretation or termination of this Agreement will be submitted to the exclusive jurisdiction of the Courts of Delaware.
You acknowledge and agree that any violation of these Terms may cause Zippy Logos irreparable harm, and therefore agree that Zippy Logos will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Zippy Logos may have for a breach of these Terms.
Each party will bear their own respective legal costs of and incidental to the negotiation, any variation and execution of these Terms and Conditions, and the enforcement or attempted enforcement of respective rights, remedies and powers under the same.
Except when specifically mentioned, neither party may assign any right, interest or obligations under these Terms & Conditions without prior written consent of the other party.
The failure of either party to require or enforce strict performance by the other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance.
In the event of the invalidity of any part or provision of this Agreement such invalidity will not affect the enforceability of any other part or provision of this Agreement.
Last updated on 3 July 2017.