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 Terms and Conditions of Use (“TERMS AND CONDITIONS”) as outlined below. Please familiarise yourself with the TERMS AND CONDITIONS before submitting any order for artwork, logo design, web design or multi-media design (“THE PROJECT”). If you do not accept these Terms and Conditions, you may not use GERGOSIMARA.COM design services or web site(s). By submitting a project via our web site, or by delivering an EMAIL order, or SOCIAL MEDIA REQUEST for THE PROJECT, you agree to these terms and you fully accept the terms and conditions.
In the context of these TERMS AND CONDITIONS, preliminary designs “PRELIMINARY DESIGN(s)” refers to the first set of logo/artwork concept(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 THE PROJECT’s original client brief, and AFTER presentation of PRELIMINARY DESIGNS. In the context of these TERMS AND CONDITIONS, final designs (“FINALS(S)”) shall refer to the artwork and/or logo design that the CLIENT has approved as a completed artwork, and the artwork that CLIENT wishes to take delivery of, as well as obtain copyright transfer of (if applicable).
Starting a new design project.
1) GERGOSIMARA.COM will begin creation of a visual identity logo or other design (THE PROJECT) upon receipt of a deposit fee from THE CLIENT that equals no less than 50% of the full billable amount. GERGOSIMARA.COM requires a signed DESIGN AGREEMENT FORM, this outlines the project, what required and been discussed, This must be signed before the start of the project.
Completion of a design project.
2) Upon completion of THE PROJECT, THE CLIENT agrees to pay the remaining balance of the project fee within 7 days. Upon receipt of this balance, GERGOSIMARA.COM agrees to transfer all electronic files relating to THE PROJECT to THE CLIENT via previously agreed to method of transmission. GERGOSIMARA.COM will transfer ownership of copyright to the client, in writing, at that time.
Copyright and/or trademark.
3) Due to the complexities of international copyright and trademark law, GERGOSIMARA.COM will not be held liable should THE CLIENT be found to be infringing on an already existing copyright, trademark or service mark relating to the project name, description or service. All ARTWORK designs created during creation of THE PROJECT are ORIGINAL WORKS and can be protected by copyright.
Client supplied artwork & reference material.
4) THE CLIENT agrees that any digital material, including but not limited to, images, photographs, graphics, text and illustrations supplied by the CLIENT for inclusion, incorporation and/or addition into THE PROJECT (“CLIENT SUPPLIED MATERIALS”) are the property of THE CLIENT, or that THE CLIENT has taken the necessary steps to acquire permission of the legal copyright and/or trademark holder. THE CLIENT agrees to supply GERGOSIMARA.COM this permission, in writing, if requested. THE CLIENT also agrees to indemnify GERGOSIMARA.COM in the case that CLIENT SUPPLIED MATERIALS are found to be infringing on the copyright, trademark or intellectual property claims of the legal owner of this material. Throughout the duration of THE PROJECT, client warrants that any subsequent artwork supplied by THE CLIENT to GERGOSIMARA.COM is the property and/or copyright of THE CLIENT, or THE CLIENT warrants that they have taken adequate steps to acquire permission to use this material in the completion of THE PROJECT from the legal copyright owner. If CLIENT is to supply any outside artwork and/or media, the CLIENT assumes full responsibility and indemnifies GERGOSIMARA.COM should this artwork and/or media become the subject of any legal action or ownership dispute. GERGOSIMARA.COM reserves the right to refuse to incorporate artwork and/or other media supplied by the CLIENT for use in THE PROJECT, if it is GERGOSIMARA.COM’s belief that use of such material is contrary to copyright law and the CLIENT will not submit proof of ownership and/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 signed permission for use of said copyright, and if such copyright notice cannot be verified, GERGOSIMARA.COM reserves the right to waive copyright ownership claim, and subsequent transfer of same to CLIENT as part of THE PROJECT.
Payment service terms.
5) Once THE PROJECT has been initiated and PRELIMINARY DESIGNS created, all deposit payments made by CLIENT become non refundable pursuant to the refund policies outlined here. If THE CLIENT wishes to cancel THE PROJECT before presentation of PRELIMINARY DESIGNS for THE PROJECT, there will be a £40 administration service charge. If THE CLIENT wishes to cancel the project after PRELIMINARY DESIGNS have been posted on the client access area, and before any REVISION requests have been made by THE CLIENT or executed by GERGOSIMARA.COM, client may do so in writing. Such cancellation is subject to a £60 service fee. After revision requests have been made by the client, and/or artwork revisions have been executed by GERGOSIMARA.COM, and in the unlikely event that GERGOSIMARA.COM cannot create a design that THE CLIENT will approve of, THE CLIENT may cancel THE PROJECT 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 amount of THE PROJECT’s TOTAL billable amount. If, after cancelling in writing by the client, all works related to project become the exclusive property of GERGOSIMARA.COM and the project shall be considered closed.
6) No further changes in the PROJECT scope may be requested by THE CLIENT, after PRELIMINARY DESIGNS have been presented. Such changes include, but are not limited to, company name and/or type of business. Such changes require a new PROJECT submission (project brief) and the creation of a new set of PRELIMINARY designs. REVISIONS of any PRELIMINARY design must be within the original scope of the PROJECT brief as submitted to GERGOSIMARA.COM, by THE CLIENT, prior to presentation of PRELIMINARY DESIGNS. Any public publishing of PRELIMINARY DESIGNS or REVISIONS by THE CLIENT, or if THE 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 than GERGOSIMARA.COM preview server, and making this IP address available to Internet traffic, constitutes FULL acceptance of ANY and ALL material related to THE PROJECT. Client agrees to pay ALL remaining balances at that time. Any further edits, or revisions to THE PROJECT will be subject to additional hourly billings 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 to GERGOSIMARA.COM regarding any edits and/or revisions within 28 days, THE PROJECT may be subject to removal from our servers and placement in our OLD DATED database. Any OLD DATED project is subject to a £40 (£GB) reactivation and unarchiving fee. This fee is at the sole discretion of GERGOSIMARA.COM. On restart THE PROJECT, any deliverable will be subject to the terms of the package originally ordered, but deliverable of said PROJECT will be subject to the most current version of the package as listed on our web site. If deliverable advertised in a manner other than our web site, vary from the 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 with GERGOSIMARA.COM regarding any initiated project for a period of more than 30 days, such project will be cancelled, and any deposits shall be applied as a END-FEE as outlined elsewhere in this document. No further edits, revisions, file transmission or online image storage will be undertaken by GERGOSIMARA.COM after that date. Further activation of this project will be subject to new project activation, project submission, deposits as outlined in our current pricing schedules, unless specifically waived, in writing by an authorised representative of GERGOSIMARA.COM.
9) Further, if THE CLIENT, after 60 days from project submission, and after initial preliminary designs have been displayed, wishes to alter original scope of project, as outlined in project submission forms, including, but not limited to, name change, type of business change, theme of business change, specifically requested illustration change, then such project shall be deemed a new project and subject to new deposit payments as per current pricing schedules. Previously paid deposits and/or balances shall be applied as END FEES to original project, and any new deposits and/or balances shall be applied to new project as requested by THE CLIENT.
Project work product, concepts & unused designs.
10) All artwork, designs, edits, revisions and work product created in THE PROJECT (other than the FINAL design accepted by THE CLIENT as being the subject of this agreement) remain the exclusive copyright and intellectual property of GERGOSIMARA.COM. Any use of this work project by THE CLIENT and/or their assigns is strictly prohibited without written, prior permission by GERGOSIMARA.COM.
11) GERGOSIMARA.COM is NOT liable for any damages or expenses incurred by the client in the use of artwork created in THE PROJECT by third parties, unless said third party is contracted by GERGOSIMARA.COM as a ‘work-for-hire’ vendor, or in direct professional consultation with GERGOSIMARA.COM. Such consultation is subject to fees as agreed to by THE CLIENT and GERGOSIMARA.COM. By contracting GERGOSIMARA.COM to create THE PROJECT as outlined in these terms and conditions THE CLIENT agrees to abide by the terms and conditions contained therein. For further information on 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 implemented them on all our web sites. Please take a few moments to acquaint yourself with these policies and how they affect your experience when working with GERGOSIMARA.COM.
There are several ways that GERGOSIMARA.COM obtains information from and/or about you: (1) via a quote request e-mail notification; (2) registering for information in ‘client access’ areas; (3) from the submission of a design project through our order forms; (4) registering to comment on our design blog. If you do not agree with our privacy policies, please do not submit information to our web site by any of these means.
How we use this information.
Any information supplied by you to GERGOSIMARA.COM is only used for the original purpose for which it was supplied. GERGOSIMARA.COM does not otherwise utilise your personal information in any way and never shares or sells your e-mail address or other personal information to other companies. No information is collected about you unless you request rates, apply for registration, make an on-line purchase, or request an e-mail notification. We do not utilise mailing lists or any other form of unsolicited communication.
“Cookies” are used by GERGOSIMARA.COM only to enable you to use our web site in the most efficient manner and to access our various site functions such as chat, search and submission of repeat projects. You may visit our web site with cookies disabled, but certain functions of our site will not perform properly and your experience may not be as enriched as planned by our studio.
GERGOSIMARA.COM will only send e-mails to you if you ask for them. GERGOSIMARA.COM utilises your e-mail address to confirm your order and to confirm shipment of your order and to respond to any inquiries, revision requests you make on-line.
GERGOSIMARA.COM does not store ANY credit card or billing information on our web site. All our project payments are via a trusted internet credit card services provider (PayPal). We do not have access to any credit card numbers or validating information other than the billing address, phone number and email address used for any transaction. Phone orders requires the collection of credit card billing information, but this is not stored online in any manner.
Use of artwork on our site.
GERGOSIMARA.COM may use portions of the design work created 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 in strict accordance with our terms and conditions. We will not share any client contact information about such artwork, other than any identifying features already contained in the artwork. Additional information from third parties regarding any project or client featured on our web site will be denied.
Please review the site periodically to see any updates to the information provided here.