TERMS AND CONDITIONS
1 DEFINITIONS
1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Services from the Supplier;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Supplier and the Buyer for the provision of Services incorporating these Terms and Conditions;
1.4 "Services" means the services that the Buyer agrees to buy from the Supplier;
1.5 "Supplier" means Logo Nation of 26 Erracht drive, Caol, Fort William, Scotland that owns and operates Logo Nation
1.6 "Terms and Conditions" means the terms and conditions for the provision of Services set out in this agreement and any special terms and conditions agreed in writing by the Supplier;
1.7 "Website" means Logo Masters
2 CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the provision of Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
2.4 Any complaints should be addressed to the Supplier's address stated in clause 1.5.
2.5 Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.
3 ORDERING
3.1 All orders for Services shall be deemed to be an offer by the Buyer to purchase Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.
3.2 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the design process page
4 PRICE AND PAYMENT
4.1 The price of the Services shall be that stipulated on the Website. The price is Inclusive of VAT.
4.2 The total purchase price, including VAT, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
4.3 After the order is received the Supplier shall confirm by email the details, description and price for the Services together with information on the right to cancel if the Buyer is a Consumer
4.4 Payment of the price plus VAT, if applicable, must be made before any services are started. Payment must be made without deduction or set-off.
4.5 Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of the relevant Service until payment has been received.
5 PERFORMANCE
5.1 The Supplier shall begin to perform the Services immediatley (or as soon as possible) upon clearance of legitimate payment.
5.2 The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.
6 RIGHTS OF SUPPLIER
6.1 The Supplier reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
6.2 The Supplier reserves the right to withdraw the Services from the Website at any time.
6.3 The Supplier shall not be liable to anyone for withdrawing the Services from the Website or for refusing to process an order.
7 AGE OF CONSENT
7.1 Where the Services may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Services.
7.2 If the Supplier discovers that the Buyer is not legally entitled to order certain Services, the Supplier shall be entitled to cancel the order immediately, without notice.
8 CANCELLATION
The Buyer has the right to cancel the Contract, by notice in writing, at any time before seven working days has passed from the day after the Contract was made. If, however, the Supplier starts to perform its side of the Contract with the agreement of the Buyer before the Buyer exercises this right to cancel, the right to cancel is lost.
9 GIFT VOUCHERS
9.1 In addition to these Terms and Conditions, the following terms and conditions shall apply to the sale of gift vouchers:
9.2 Gift vouchers will be dispatched within 48 hours of acceptance of order and will be delivered by royal mail 1st class delivery. Payment must be made before gift voucher(s) are sent.
9.3 The Buyer must notify the Supplier of any discrepancy in a delivery as soon as possible but in any event within 7 days of the delivery of the vouchers.
9.4 Risk of loss, destruction or damage to the vouchers remains with the Supplier until delivery to the Buyer where upon risk shall pass to the Buyer.
9.5 Gift vouchers may be exchanged for services at Logo Nation only. Vouchers cannot be redeemed for cash in part or whole. Vouchers are not sold on a sale or return basis and no return will be permitted unless it can be demonstrated that the Supplier has been in error in fulfilling the Buyer's order.
9.6 Gift vouchers are valid for 2 years (24 months) from the date of purchase and cannot be renewed once they have expired. Vouchers can be replaced if lost or damaged.
10 LIMITATION OF LIABILITY
10.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
10.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.
11 WAIVER
No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this agreement shall prejudice its rights to do so in the future.
12 FORCE MAJEURE
The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire or failure of any communications, telecommunications or computer system, and the Supplier shall be entitled to a reasonable extension of its obligations.
13 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
14 CHANGES TO TERMS AND CONDITIONS
14.1 The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
14.2 Any renewal of the Services will be subject to the Supplier's then current Terms and Conditions.
15 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of Scotland and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.
SCHEDULE
Special Conditions
16 RIGHTS TO FINAL ARTWORK.
16.1 Upon completion of the Services, and expressly subject to full payment, logo nation grants to The Client the rights to the Final Artwork as set forth in the proposal.
16.2 Reselling of the artwork in partial or full is not permitted without prior written consent from logo nation.
16.3 logo nation reserve the right to modify, distribute, display and/or promote the artwork for promotional purposes where we see fit without any prior written or verbal consent from the client.
17 REFUND POLICY
17.1 If you are not satisfied with the standard of work created for you by logo nation, you must state so before any artwork is finalized, to be eligible for a refund.
17.2 Refunds are not not granted after the client has agreed to finalize any artwork.
17.3 Any refunds claimed through the clients bank, credit card company or paypal after any artwork has been finalized will void the client of holding any rights to the final artwork in full or partial.
18 INDEMNIFICATION/LIABILITY.
18.1 By The Client. The Client agrees to indemnify, save and hold harmless logo nation from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of any breach of The Client's responsibilities or obligations, representations or warranties under this Agreement. Under such circumstances logo nation shall promptly notify The Client in writing of any claim or suit
18.2 limitation of liability. the services and the work product of logo nation are sold as is. in all circumstances, the maximum liability of logo nation, its directors, officers, employees, design agents and affiliates, to the client for damages for any and all causes whatsoever, and the client's maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the net profit of logo nation. in no event shall logo nation be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by logo nation, even if logo nation has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.
18.3 Any modifications to the final artwork made by the client is at their sole discretion and logo nation will not be held responsible/liable for any consequences that arise from the
modification of any artwork produced by logo nation.
19 RELATIONSHIP OF THE PARTIES.
19.1 Independent Contractor. logo nation is an independent contractor, not an employee of The Client or any company affiliated with The Client. logo nation shall provide the Services under the general direction of The Client, but logo nation shall determine, in logo nation's sole discretion, the manner and means by which the Services are accomplished. This Agreement does not create a partnership or joint venture and neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. logo nation and the work product or Deliverables prepared by logo nation shall not be deemed a work for hire as that term is defined under Copyright Law. All rights, if any, granted to The Client are contractual in nature and are wholly defined by the express written agreement of the parties and the various terms and conditions of this Agreement.
19.2 No Solicitation. During the term of this Agreement, and for a period of six (6) months after expiration or termination of this Agreement, The Client agrees not to solicit, recruit, engage, or otherwise employ or retain, on a full-time, part-time, consulting, work-for-hire, or any other kind of basis, any logo nation, employee or Design Agent of logo nation, whether or not said person has been assigned to perform tasks under this Agreement. In the event such employment, consultation or work-for-hire event occurs, The Client agrees that logo nation shall be entitled to an agency commission to be the greater of, either (a) 25% of said person's starting salary with The Client, or (b) 25% of fees paid to said person if engaged by The Client as an independent contractor. In the event of (a) above, payment of the commission will be due within 30 days of the employment starting date. In the event of (b) above, payment will be due at the end of any month during which the independent contractor performed services for The Client. logo nation, in the event of non-payment and in connection with this section, shall be entitled to seek all remedies under law and equity.
19.3 No Exclusivity. The parties expressly acknowledge that this Agreement does not create an exclusive relationship between the parties. The Client is free to engage others to perform services of the same or similar nature to those provided by logo nation, and logo nation shall be entitled to offer and provide design services to others, solicit other The Clients and otherwise advertise the services offered by logo nation.
1 DEFINITIONS
1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Services from the Supplier;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Supplier and the Buyer for the provision of Services incorporating these Terms and Conditions;
1.4 "Services" means the services that the Buyer agrees to buy from the Supplier;
1.5 "Supplier" means Logo Nation of 26 Erracht drive, Caol, Fort William, Scotland that owns and operates Logo Nation
1.6 "Terms and Conditions" means the terms and conditions for the provision of Services set out in this agreement and any special terms and conditions agreed in writing by the Supplier;
1.7 "Website" means Logo Masters
2 CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the provision of Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
2.4 Any complaints should be addressed to the Supplier's address stated in clause 1.5.
2.5 Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.
3 ORDERING
3.1 All orders for Services shall be deemed to be an offer by the Buyer to purchase Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.
3.2 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the design process page
4 PRICE AND PAYMENT
4.1 The price of the Services shall be that stipulated on the Website. The price is Inclusive of VAT.
4.2 The total purchase price, including VAT, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
4.3 After the order is received the Supplier shall confirm by email the details, description and price for the Services together with information on the right to cancel if the Buyer is a Consumer
4.4 Payment of the price plus VAT, if applicable, must be made before any services are started. Payment must be made without deduction or set-off.
4.5 Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of the relevant Service until payment has been received.
5 PERFORMANCE
5.1 The Supplier shall begin to perform the Services immediatley (or as soon as possible) upon clearance of legitimate payment.
5.2 The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.
6 RIGHTS OF SUPPLIER
6.1 The Supplier reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
6.2 The Supplier reserves the right to withdraw the Services from the Website at any time.
6.3 The Supplier shall not be liable to anyone for withdrawing the Services from the Website or for refusing to process an order.
7 AGE OF CONSENT
7.1 Where the Services may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Services.
7.2 If the Supplier discovers that the Buyer is not legally entitled to order certain Services, the Supplier shall be entitled to cancel the order immediately, without notice.
8 CANCELLATION
The Buyer has the right to cancel the Contract, by notice in writing, at any time before seven working days has passed from the day after the Contract was made. If, however, the Supplier starts to perform its side of the Contract with the agreement of the Buyer before the Buyer exercises this right to cancel, the right to cancel is lost.
9 GIFT VOUCHERS
9.1 In addition to these Terms and Conditions, the following terms and conditions shall apply to the sale of gift vouchers:
9.2 Gift vouchers will be dispatched within 48 hours of acceptance of order and will be delivered by royal mail 1st class delivery. Payment must be made before gift voucher(s) are sent.
9.3 The Buyer must notify the Supplier of any discrepancy in a delivery as soon as possible but in any event within 7 days of the delivery of the vouchers.
9.4 Risk of loss, destruction or damage to the vouchers remains with the Supplier until delivery to the Buyer where upon risk shall pass to the Buyer.
9.5 Gift vouchers may be exchanged for services at Logo Nation only. Vouchers cannot be redeemed for cash in part or whole. Vouchers are not sold on a sale or return basis and no return will be permitted unless it can be demonstrated that the Supplier has been in error in fulfilling the Buyer's order.
9.6 Gift vouchers are valid for 2 years (24 months) from the date of purchase and cannot be renewed once they have expired. Vouchers can be replaced if lost or damaged.
10 LIMITATION OF LIABILITY
10.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
10.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.
11 WAIVER
No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this agreement shall prejudice its rights to do so in the future.
12 FORCE MAJEURE
The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire or failure of any communications, telecommunications or computer system, and the Supplier shall be entitled to a reasonable extension of its obligations.
13 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
14 CHANGES TO TERMS AND CONDITIONS
14.1 The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
14.2 Any renewal of the Services will be subject to the Supplier's then current Terms and Conditions.
15 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of Scotland and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.
SCHEDULE
Special Conditions
16 RIGHTS TO FINAL ARTWORK.
16.1 Upon completion of the Services, and expressly subject to full payment, logo nation grants to The Client the rights to the Final Artwork as set forth in the proposal.
16.2 Reselling of the artwork in partial or full is not permitted without prior written consent from logo nation.
16.3 logo nation reserve the right to modify, distribute, display and/or promote the artwork for promotional purposes where we see fit without any prior written or verbal consent from the client.
17 REFUND POLICY
17.1 If you are not satisfied with the standard of work created for you by logo nation, you must state so before any artwork is finalized, to be eligible for a refund.
17.2 Refunds are not not granted after the client has agreed to finalize any artwork.
17.3 Any refunds claimed through the clients bank, credit card company or paypal after any artwork has been finalized will void the client of holding any rights to the final artwork in full or partial.
18 INDEMNIFICATION/LIABILITY.
18.1 By The Client. The Client agrees to indemnify, save and hold harmless logo nation from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of any breach of The Client's responsibilities or obligations, representations or warranties under this Agreement. Under such circumstances logo nation shall promptly notify The Client in writing of any claim or suit
18.2 limitation of liability. the services and the work product of logo nation are sold as is. in all circumstances, the maximum liability of logo nation, its directors, officers, employees, design agents and affiliates, to the client for damages for any and all causes whatsoever, and the client's maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the net profit of logo nation. in no event shall logo nation be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by logo nation, even if logo nation has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.
18.3 Any modifications to the final artwork made by the client is at their sole discretion and logo nation will not be held responsible/liable for any consequences that arise from the
modification of any artwork produced by logo nation.
19 RELATIONSHIP OF THE PARTIES.
19.1 Independent Contractor. logo nation is an independent contractor, not an employee of The Client or any company affiliated with The Client. logo nation shall provide the Services under the general direction of The Client, but logo nation shall determine, in logo nation's sole discretion, the manner and means by which the Services are accomplished. This Agreement does not create a partnership or joint venture and neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. logo nation and the work product or Deliverables prepared by logo nation shall not be deemed a work for hire as that term is defined under Copyright Law. All rights, if any, granted to The Client are contractual in nature and are wholly defined by the express written agreement of the parties and the various terms and conditions of this Agreement.
19.2 No Solicitation. During the term of this Agreement, and for a period of six (6) months after expiration or termination of this Agreement, The Client agrees not to solicit, recruit, engage, or otherwise employ or retain, on a full-time, part-time, consulting, work-for-hire, or any other kind of basis, any logo nation, employee or Design Agent of logo nation, whether or not said person has been assigned to perform tasks under this Agreement. In the event such employment, consultation or work-for-hire event occurs, The Client agrees that logo nation shall be entitled to an agency commission to be the greater of, either (a) 25% of said person's starting salary with The Client, or (b) 25% of fees paid to said person if engaged by The Client as an independent contractor. In the event of (a) above, payment of the commission will be due within 30 days of the employment starting date. In the event of (b) above, payment will be due at the end of any month during which the independent contractor performed services for The Client. logo nation, in the event of non-payment and in connection with this section, shall be entitled to seek all remedies under law and equity.
19.3 No Exclusivity. The parties expressly acknowledge that this Agreement does not create an exclusive relationship between the parties. The Client is free to engage others to perform services of the same or similar nature to those provided by logo nation, and logo nation shall be entitled to offer and provide design services to others, solicit other The Clients and otherwise advertise the services offered by logo nation.
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