Terms Of Service
Terms of Service – Working with gergosimara.com
By using GERGOSIMARA.COM web site(www.gergosimara.com), design services and/or submitting a project via e-mail,phone or in person, to GERGOSIMARA.COM you (“THE CLIENT”) agree to the Termsand Conditions of Use (“TERMS AND CONDITIONS”) as outlined below. Pleasefamiliarise yourself with the TERMS AND CONDITIONS before submitting anyorder for artwork, logo design, web design or multi-media design (“THEPROJECT”). If you do not accept these Terms and Conditions, you may not useGERGOSIMARA.COM design services or web site(s). By submitting a project via ourweb site, or by delivering an EMAIL order, or SOCIAL MEDIA REQUEST for THEPROJECT, you agree to these terms and you fully accept the terms andconditions.
In the context of these TERMS AND CONDITIONS, preliminarydesigns “PRELIMINARY DESIGN(s)” refers to the first set of logo/artworkconcept(s) presented to THE CLIENT by GERGOSIMARA.COM as part of THE PROJECT.In the context of these TERMS AND CONDITIONS, design revisions (“REVISION(S)”)shall refer to changes to PRELIMINARY DESIGNS and/or new artwork, within THEPROJECT’s original client brief, and AFTER presentation of PRELIMINARY DESIGNS.In the context of these TERMS AND CONDITIONS, final designs (“FINALS(S)”) shallrefer to the artwork and/or logo design that the CLIENT has approved as acompleted artwork, and the artwork that CLIENT wishes to take delivery of, aswell as obtain copyright transfer of (if applicable).
Startinga new design project.
1) GERGOSIMARA.COM will begin creation of avisual identity logo or other design (THE PROJECT) upon receipt of adeposit fee from THE CLIENT that equals no less than 50% of the fullbillable amount. GERGOSIMARA.COM requires a signed DESIGN AGREEMENT FORM,this outlines the project, what required and been discussed, This must besigned before the start of the project.
Completionof a design project.
2) Upon completion of THE PROJECT, THE CLIENTagrees to pay the remaining balance of the project fee within 7 days. Uponreceipt of this balance, GERGOSIMARA.COM agrees to transfer all electronicfiles relating to THE PROJECT to THE CLIENT via previously agreed to method oftransmission. GERGOSIMARA.COM will transfer ownership of copyright to theclient, in writing, at that time.
3) Due to the complexities of internationalcopyright and trademark law, GERGOSIMARA.COM will not be held liable should THECLIENT be found to be infringing on an already existing copyright, trademark orservice mark relating to the project name, description or service. All ARTWORKdesigns created during creation of THE PROJECT are ORIGINAL WORKS and can beprotected by copyright.
Clientsupplied artwork & reference material.
4) THE CLIENT agrees that any digital material,including but not limited to, images, photographs, graphics, text andillustrations supplied by the CLIENT for inclusion, incorporation and/oraddition into THE PROJECT (“CLIENT SUPPLIED MATERIALS”) are the property of THECLIENT, or that THE CLIENT has taken the necessary steps to acquire permissionof the legal copyright and/or trademark holder. THE CLIENT agrees to supplyGERGOSIMARA.COM this permission, in writing, if requested. THE CLIENT alsoagrees to indemnify GERGOSIMARA.COM in the case that CLIENT SUPPLIEDMATERIALS are found to be infringing on the copyright, trademark orintellectual property claims of the legal owner of this material. Throughoutthe duration of THE PROJECT, client warrants that any subsequent artworksupplied by THE CLIENT to GERGOSIMARA.COM is the property and/or copyrightof THE CLIENT, or THE CLIENT warrants that they have taken adequate steps toacquire permission to use this material in the completion of THE PROJECT fromthe legal copyright owner. If CLIENT is to supply any outside artwork and/ormedia, the CLIENT assumes full responsibility and indemnifiesGERGOSIMARA.COM should this artwork and/or media become the subject of anylegal action or ownership dispute. GERGOSIMARA.COM reserves the right torefuse to incorporate artwork and/or other media supplied by the CLIENT for usein THE PROJECT, if it is GERGOSIMARA.COM’s belief that use of such material iscontrary to copyright law and the CLIENT will not submit proof of ownershipand/or permission or a specific waiver and indemnity for use of said material.If CLIENT supplies GERGOSIMARA.COM artwork, illustrations, photography,designs, composites, sketches, drawings, without copyright notice, or signedpermission for use of said copyright, and if such copyright notice cannot beverified, GERGOSIMARA.COM reserves the right to waive copyright ownershipclaim, and subsequent transfer of same to CLIENT as part of THE PROJECT.
5) Once THE PROJECT has been initiated andPRELIMINARY DESIGNS created, all deposit payments made by CLIENT becomenon refundable pursuant to the refund policies outlined here. If THE CLIENTwishes to cancel THE PROJECT before presentation of PRELIMINARY DESIGNS for THEPROJECT, there will be a £40 administration service charge. If THE CLIENTwishes to cancel the project after PRELIMINARY DESIGNS have been posted on theclient access area, and before any REVISION requests have been made by THECLIENT or executed by GERGOSIMARA.COM, client may do so in writing. Suchcancellation is subject to a £60 service fee. After revision requests have beenmade by the client, and/or artwork revisions have been executed byGERGOSIMARA.COM, and in the unlikely event that GERGOSIMARA.COM cannotcreate a design that THE CLIENT will approve of, THE CLIENT may cancel THEPROJECT in writing at any time. The project then becomes subject to a‘END-FEE’. This End Fee is an amount not less than 50% of the total amountof THE PROJECT’s TOTAL billable amount. If, after cancelling in writing by theclient, all works related to project become the exclusive property ofGERGOSIMARA.COM and the project shall be considered closed.
6) No further changes in the PROJECT scope may berequested by THE CLIENT, after PRELIMINARY DESIGNS have been presented. Suchchanges include, but are not limited to, company name and/or type of business.Such changes require a new PROJECT submission (project brief) and the creationof a new set of PRELIMINARY designs. REVISIONS of any PRELIMINARY designmust be within the original scope of the PROJECT brief as submitted toGERGOSIMARA.COM, by THE CLIENT, prior to presentation of PRELIMINARY DESIGNS.Any public publishing of PRELIMINARY DESIGNS or REVISIONS by THE CLIENT, or ifTHE CLIENT makes said web site available on the ‘World Wide Web’ (THE INTERNET)through placing of any PRELIMINARY or REVISIONS artwork on a server other thanGERGOSIMARA.COM preview server, and making this IP address available toInternet traffic, constitutes FULL acceptance of ANY and ALL material relatedto THE PROJECT. Client agrees to pay ALL remaining balances at that time. Anyfurther edits, or revisions to THE PROJECT will be subject to additional hourlybillings and/or charges to THE CLIENT.
7) In the course of THE PROJECT,GERGOSIMARA.COM will remain in contact with the client regarding edits,revisions and scheduling. If THE CLIENT fails to provide necessary feedback toGERGOSIMARA.COM regarding any edits and/or revisions within 28 days, THEPROJECT may be subject to removal from our servers and placement in ourOLD DATED database. Any OLD DATED project is subject to a £40 (£GB)reactivation and unarchiving fee. This fee is at the sole discretion ofGERGOSIMARA.COM. On restart THE PROJECT, any deliverable will be subjectto the terms of the package originally ordered, but deliverable of said PROJECTwill be subject to the most current version of the package as listed on our website. If deliverable advertised in a manner other than our web site, vary fromthe details listed on our web site, the descriptions featured on or web site(www.thelogocreative.co.uk) shall be considered correct.
8) If THE CLIENT fails to communicate withGERGOSIMARA.COM regarding any initiated project for a period of more than30 days, such project will be cancelled, and any deposits shall beapplied as a END-FEE as outlined elsewhere in this document. No further edits,revisions, file transmission or online image storage will be undertaken byGERGOSIMARA.COM after that date. Further activation of this project willbe subject to new project activation, project submission, deposits as outlinedin our current pricing schedules, unless specifically waived, in writing by anauthorised representative of GERGOSIMARA.COM.
9) Further, if THE CLIENT, after 60 days fromproject submission, and after initial preliminary designs have been displayed,wishes to alter original scope of project, as outlined in project submissionforms, including, but not limited to, name change, type of business change,theme of business change, specifically requested illustration change, then suchproject shall be deemed a new project and subject to new deposit paymentsas per current pricing schedules. Previously paid deposits and/or balancesshall be applied as END FEES to original project, and any newdeposits and/or balances shall be applied to new project as requested byTHE CLIENT.
Projectwork product, concepts & unused designs.
10) All artwork, designs, edits, revisions and workproduct created in THE PROJECT (other than the FINAL design accepted by THECLIENT as being the subject of this agreement) remain the exclusive copyrightand intellectual property of GERGOSIMARA.COM. Any use of this work projectby THE CLIENT and/or their assigns is strictly prohibited without written,prior permission by GERGOSIMARA.COM.11) GERGOSIMARA.COM is NOTliable for any damages or expenses incurred by the client in the use of artworkcreated in THE PROJECT by third parties, unless said third party is contractedby GERGOSIMARA.COM as a ‘work-for-hire’ vendor, or in direct professionalconsultation with GERGOSIMARA.COM. Such consultation is subject to fees asagreed to by THE CLIENT and GERGOSIMARA.COM. By contracting GERGOSIMARA.COM tocreate THE PROJECT as outlined in these terms and conditions THE CLIENT agreesto abide by the terms and conditions contained therein. For further informationon any of our terms and conditions, please contact me.
Your privacy is important to us.
How we treat client information
We take your (and our) privacy very seriously.Accordingly, we have developed a series of privacy policies and implementedthem on all our web sites. Please take a few moments to acquaint yourself withthese policies and how they affect your experience when working withGERGOSIMARA.COM.
There are several ways thatGERGOSIMARA.COM obtains information from and/or about you: (1) via aquote request e-mail notification; (2) registering for information in‘client access’ areas; (3) from the submission of a design project through ourorder forms; (4) registering to comment on our design blog. If you do notagree with our privacy policies, please do not submit information to our website by any of these means.
How we use this information.
Any information supplied by you toGERGOSIMARA.COM is only used for the original purpose for which it wassupplied. GERGOSIMARA.COM does not otherwise utilise your personalinformation in any way and never shares or sells your e-mail address or otherpersonal information to other companies. No information is collected about youunless you request rates, apply for registration, make an on-line purchase, orrequest an e-mail notification. We do not utilise mailing lists or any otherform of unsolicited communication.
“Cookies” are used by GERGOSIMARA.COM only toenable you to use our web site in the most efficient manner and to access ourvarious site functions such as chat, search and submission of repeat projects.You may visit our web site with cookies disabled, but certain functions of oursite will not perform properly and your experience may not be as enriched asplanned by our studio.
GERGOSIMARA.COM will only send e-mails to you ifyou ask for them. GERGOSIMARA.COM utilises your e-mail address to confirmyour order and to confirm shipment of your order and to respond to anyinquiries, revision requests you make on-line.
GERGOSIMARA.COM does not store ANY credit card orbilling information on our web site. All our project payments are via a trustedinternet credit card services provider (PayPal). We do not have access to anycredit card numbers or validating information other than the billing address,phone number and email address used for any transaction. Phone orders requiresthe collection of credit card billing information, but this is not storedonline in any manner.
Useof artwork on our site.
GERGOSIMARA.COM may use portions of the design workcreated in any project in our logo design gallery or rejected design concepts,or for sale in our Logo Design Store as downloadable material. Such use is instrict accordance with our terms and conditions. We will not share any clientcontact information about such artwork, other than any identifying featuresalready contained in the artwork. Additional information from third partiesregarding any project or client featured on our web site will be denied.
Please review the site periodically to see anyupdates to the information provided here.