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Terms and Conditions
By entering into any contract or agreement with Top Shelf Logos for products and/or services to be provided by Top Shelf Logos, including without limitation ordering any products or services through the Top Shelf Logos web site (hereinafter referred to as your "Contract" with Top Shelf Logos), you hereby agree to abide by, comply with and be legally bound by the policies, terms and conditions hereinafter set forth (these "Terms and Conditions").
For purposes of these Terms and Conditions, references to the products and/or services provided by Top Shelf Logos shall include, without limitation, logos, web designs, names, graphics or similar materials or information, stationery, marketing materials and other design services, and any and all future product or service offerings of Top Shelf Logos.
If you do not agree with any provision of these Terms and Conditions, you should refrain from ordering any product or service from Top Shelf Logos or entering into a Contract with Top Shelf Logos. These Terms and Conditions are hereby incorporated by reference into your Contract. To the extent that any provision of these Terms and Conditions conflicts with any provision of your Contract, the provision set forth herein shall be deemed amended so as to be consistent with the provisions of your Contract.
Top Shelf Logos reserves the right to modify, amend, update and change these Terms and Conditions as needed from time to time without notice. You are responsible for regularly viewing these Terms and Conditions. You acknowledge and agree that Top Shelf Logos shall not be liable to you or to any third party for any modification, amendment, suspension, discontinuance or other change to these Terms and Conditions.
Payment
Payment in full for any and all products and services to be provided by Top Shelf Logos under your Contract is due in advance of the commencement of any work by Top Shelf Logos. Top Shelf Logos shall be entitled, in its sole and absolute discretion, to withhold any products or services it is otherwise obligated to deliver or provide under your Contract until such time as payment in full has been received therefore. Top Shelf Logos will notify you of any additional charges under your Contract prior to commencing performance of its obligations there under.
Additional Work
Should Client require additional design work beyond the scope of any of the offered logo packages (either concurrently with the logo project or at a later date), the Client will be offered a price for other corporate identity or graphic items. Additional work will be done after prepaying add-on services in full.
Delivery and Acceptance
The general delivery time line for the first logo design concepts is
3-5-7 business days. Every following change will be delivered in
2-3 business days. More complex changes or redraws may be delivered up to 5 business days [depending on the complexity of the desired change(s)]. All redraw deadlines are determined by the receipt of all necessary information pertaining to the re-designing of the logo.
Upon completion of the product and/or services in accordance with the terms and conditions set forth in your Contract, Top Shelf Logos shall deliver your product and/or service via email. You shall have 14 days from the date of purchase to notify Top Shelf Logos concerning acceptance or rejection of the logo samples provided. If a decision is made to terminate a project, Top Shelf Logos requires written notification to be received within 14 days of purchase or delivery. After notification is received, within 14 days of hiring Top Shelf Logos, Top Shelf Logos will refund your package price, less a $99.00 administration fee. If notification is not received within the 14 days, Top Shelf Logos assumes the project is acceptable and a refund will not be offered. A refund is only granted before revisions are requested for a specified sample. If revisions are requested, at any time, a refund is no longer offered.
You agree to our definition of a "revision", which is the following:
A revision consists of a font change, color change or graphic placement change. This does not include a request to produce additional samples exceeding the package amount.
After a period of 60 days, without a clients response to the original samples or revisions, the project will be considered complete, without a refund. The rights to the supplied designs remain the property and discretion of Top Shelf Logos.
Guarantee and Refund Policy
We guarantee your full satisfaction on logo designs. If you do not like your original concepts, contact us before your first revision for an immediate refund on your package, minus a $99 administration fee. Once you have requested revisions, you will no longer be eligible for a refund. Otherwise, our team will work with you until you are satisfied with the revision of your design.
You agree to our definition of a "revision", which is the following:
A revision consists of a font change, color change or graphic placement change. This does not include a request to produce additional samples exceeding the package amount.
Should you receive such refund, you acknowledge that you will have no right (express or implied) to use any logo concepts, design concepts, web site concepts or other work product concepts, nor any ownership interest in or to the same.
If you have paid using your credit card - the money will be transferred back to your credit card account. It may take up to 7 business days before the money will appear on your account. If you have paid using a check or a money order your refund will be sent to you by check.
A refund will not be issued and our Refund Policy will be deemed void if any of the following conditions apply:
- If the party for whom the logo is being designed closes, changes their name or the scope of the project.
- If you have approved your logo design or 14 days have passed.
- If one of your initial logo concepts was selected and work has commenced on your first round of revisions.
- If the project was cancelled for reason(s) unrelated to the logo design of Top Shelf Logos.
- If you do not communicate with Top Shelf Logos for more than 2 months (60 days) following the submission of the Creative brief and/or logo concepts.
Clients engaging Top Shelf Logos for website design acknowledge our policy concerning refunds. Top Shelf Logos will provide 1-2 informational website concepts, not complete sites to select from, depending on which Top Shelf Logo Package has been purchased. The concept(s) will include your new custom designed logo, navigation system and general layout of the home page. Once a home page has been finalized by the client, the remaining pages of the site will be designed and programmed. Images or photographs can be provided by the client, but by purchasing a Top Shelf Logos "Top Notch" or "Top Shelf" Logo Package, we will provide up 4 or 5 royalty free photos for use in the web site. We will search stock photography sites of our choosing and send low resolution (watermarked) images to the client via email. Once images have been chosen by the client we will purchase images for proper usage and insertion into the website. If client wishes to select new images after Top Shelf Logos has purchased said images, client will be required to pay additional payment for each new image. The client will be allowed 3 revisions to complete the site. Top Shelf Logos reserves the right to require additional payment if the project exceeds more than 3 revisions. Top Shelf Logos also reserves the right to not release files until payment has been made in full. We do not offer a refund for these website designs. Upon final design and programming of website Top Shelf Logos will provide all website files via email for client to upload to select host of their choosing.
Upon ordering any printed material from Top Shelf Logos you acknowledge our refund policy. Top Shelf Logos will not offer a refund, for any reason, on printed material. We cannot guarantee that your printed material will match your computer monitor as your monitor shows color different than how it appears on paper. If Top Shelf Logos deems a project is unacceptable, we will offer a reprint at no charge, however, a refund will not be offered. The client is responsible for shipping the entire amount of printed material back to the printing facility prior to a reprint. The client is responsible for these shipping costs. Top Shelf Logos is not responsible for typos or grammatical errors of any kind. Proofs of the printed material will be emailed via PDF format, before printing, to be approved by the client.
If, for any reason, the client feels it necessary to stop payment or dispute the charge of any project or service, Top Shelf Logos will stop the project or service immediately. Artwork that has been provided will remain the rights of Top Shelf Logos. This also includes the pursuit of or insinuating the threat of payment stoppage or credit card disputes for the purpose of manipulating our firm in to supplying additional samples free of charge.
We are providing a service to our customers and not a tangible product and will work closely with you and make every attempt to ensure that you are happy with your purchase.
Top Shelf Logos is not responsible for technological delays beyond our immediate control. If your spam-blocker blocks our emails from reaching you, or if you do not provide a valid email address where you can be reached, Top Shelf Logos reserves the right to conclude your project at any time, with or without a refund, which will be at Top Shelf Logos sole discretion.
Printing Responsibility
For the purpose of versatility, we will supply your final logo to you in multiple file formats such as EPS, TIFF, PDF, GIF, JPG, BMP and PNG - and in different color modes such as RGB, CMYK, and possibly (PMS) Pantone colors. (To learn more about these modes see our FAQ section.) When you are approving your logo on the computer monitor, you are only approving RGB colors. Computer screens can only reproduce RGB colors and only simulates other color modes. We do our best to match RGB colors on our computer screen to CMYK or Pantone colors, but it is physically impossible to find an exact match. When we convert your files in to different color modes (CMYK, Pantone) we hold no responsibility for matching exactly your approved RGB colors. It is the clients’Äô responsibility to double-check and make sure the printer prints the right color.
Proprietary Rights
You represent and warrant that you are the owner of or have the exclusive right to use any and all proprietary information you provide to Top Shelf Logos in furtherance of or in connection with your Contract, including without limitation any and all trade names, trademarks, copyrights, graphics, designs, logos and similar materials or information.
Top Shelf Logos makes no representation or warranty that it has the exclusive right, title and interest in and to the products and/or services provided to you or that such products and/or services do not and will not infringe on the intellectual property or proprietary rights of any third party. Top Shelf Logos will not take any action in furtherance of protecting the products and/or services to be delivered under your contract, and will deliver the same "as is" and without any representation or warranty as to your ability to use such products and/or services or to obtain trademark, copyright or similar protection or such products and/or services, in the United States or any other jurisdiction.
Upon your acceptance of the product or service and Top Shelf Logos receipt of payment in full therefore, Top Shelf Logos will assign, convey, transfer and deliver all of its right, title and interest in and to the products and/or services developed by Top Shelf Logos for you under the terms of your Contract. Any products or services, including samples, rejected or otherwise not delivered by Top Shelf Logos and accepted by you shall at all times remain the property of Top Shelf Logos and you shall have no right in or to such products or services.
Top Shelf Logos retains and reserves the perpetual, royalty-free right to use any and all products and/or services developed by Top Shelf Logos for display and self-promotional purposes, regardless of your acceptance.
Termination
Top Shelf Logos reserves the right, in its sole discretion and for any reason whatsoever, to reject, cancel or terminate, permanently or temporarily, your order for any product or service offered by Top Shelf Logos, your Contract and/or your access to the Top Shelf Logos web site, at any time and without prior notice. You agree that Top Shelf Logos shall not be liable to you or any third party for any rejection, cancellation or termination of your order, your Contract or your access to the Top Shelf Logos web site. In the event that Top Shelf Logos rejects, cancels or terminates your Contract or your order for a reason other than your breach or non-performance under your Contract, Top Shelf Logos will return any amounts prepaid by you relating to the rejected, canceled or terminated Contract or order, less a administration fee of $99.00.
Warranties Disclaimer
You hereby expressly acknowledge and agree that the information, products, text, graphics, logos or other items and materials provided or made available by Top Shelf Logos are provided "as is" without any express or implied warranty of any kind. To the fullest extent permitted by law, Top Shelf Logos hereby disclaims all implied warranties of any kind, including without limitation warranties of merchantability, suitability, infringement of intellectual property rights, or fitness for a particular purpose. Top Shelf Logos makes no warranty that its products or services will be provided without errors or defects, or that its products or services will not infringe on the intellectual property or proprietary rights of any third party. Top Shelf Logos does not warrant that the results obtained from your use of the products or services provided by Top Shelf Logos will meet your expectations.
Limitation of Liability
To the fullest extent permitted by law, in no event shall Top Shelf Logos or any subsidiary, affiliate, officer, director, agent, employee or representative thereof be liable to you or any third party making a claim through you for any damages whatsoever, including but not limited to any special, incidental, direct, indirect, punitive or consequential damages whatsoever (including without limitation damages for loss of profits, loss of use, business interruption or loss of information or the cost of procurement of substitute products or services), arising out of or related to your contract, these terms and conditions, or the products or services provided by Top Shelf Logos to you, even if Top Shelf Logos has been advised of the potential for such damages and whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise. Notwithstanding any provision to the contrary contained in your contract or these terms and conditions, Top Shelf Logos liability to you for any damages related to or arising out of the contract or Top Shelf Logos provision of products or services shall not exceed the aggregate amount paid by you to Top Shelf Logos under your contract or for such products or services.
Indemnification
You agree to indemnify and hold Top Shelf Logos, its subsidiaries, affiliates, directors, officers, agents and employees, harmless from and against any loss, damage, liability, cost or expense of any kind, including attorneys' fees, incurred by Top Shelf Logos in connection with a third party claim, demand or otherwise, due to, arising out of, related to or otherwise attributable to the actual or alleged infringement or violation of any intellectual property right asserted by a third party, or otherwise arising out of or related to (i) any materials or intellectual property provided by you in furtherance of the project contemplated by your Contract, or (ii) your use of any of the products or services provided by Top Shelf Logos pursuant to your Contract.
Copyright and Trademark
All intellectual property of Top Shelf Logos, including all web site screens and portions thereof, graphics, original text elements, site design, logos, pictures and icons, as well as the selection, format and organization thereof, constitute proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Top Shelf Logos in writing or otherwise required by applicable law, any rent, lease, sale, modification, duplication, distribution, alteration, retransmission or publication of any intellectual property or proprietary information of Top Shelf Logos is strictly prohibited.
Copyright © 2008 by Top Shelf Logos. All rights reserved.
Governing Law
These Terms and Conditions shall be interpreted, construed, governed by and enforced in accordance with the laws of the State of Arizona. Under no circumstances shall the laws of any other state be applied, even where such a result would be implicated by conflict of law principles. You hereby irrevocably consent to the personal and exclusive jurisdiction and venue of the federal and state courts located in Arizona regarding any and all disputes relating to your Contract or these Terms and Conditions.
Loss of Data
Top Shelf Logos will take all appropriate precautions to safeguard its servers and data contained within, however Top Shelf Logos will not be held responsible for any loss of client data stored or intended to be stored on the servers and on back-up devices. The client will not be entitled to any form of compensation from Top Shelf Logos in the event of loss of data, therefore it is recommended that the client also take steps to back up his/her logo materials. If client loses their logo files, web site files, graphic design files or any marketing materials provided to them by Top Shelf Logos, client will be required to pay an additional fee for Top Shelf Logos to find, collect and re-send proper files back to client.
Fonts
Top Shelf Logos will provide all font names used in the logo design process if requested as all fonts are turned to vector based outlines. Top Shelf Logos does not provide the actual screen and true type font files.
General These Terms and Conditions, together with your Contract, shall constitute the sole agreement and understanding between you and Top Shelf Logos regarding the matters set forth herein, and any and all previous agreements and understandings between or among you and Top Shelf Logos regarding the subject matter hereof, whether written or oral, other than your Contract, are superseded by these Terms and Conditions. No agreement or other understanding other than your Contract purporting to modify these Terms and Conditions shall be binding upon Top Shelf Logos unless otherwise agreed to by Top Shelf Logos in writing. The failure of Top Shelf Logos to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any provision of these Terms and Conditions which is invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof; and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
Violations of Terms and Conditions
Violation of these terms and conditions, including attempted chargeback when ineligible for a refund, will be considered attempted fraud and breach of contract, and will immediately conclude your project and/or service. Top Shelf Logos will not, under any circumstance, resume work with a client who has breached our contract and attempted to obtain our services fraudulently.
Top Shelf Logos reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular Internet address to the Site. You agree to indemnify, defend and hold harmless Top Shelf Logos from any liability, loss, claim and expense, including attorney’Äôs fess related to your violation of these terms and conditions or your use of the services and information provided at the site.
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