Please read this Legal Notice carefully because it governs your use of logodepot.co.uk and affects your rights and liabilities under the law.
Conditions of Business :
In these terms of business ‘we’ or ‘our’ refer to logodepot.co.uk (‘the Company’).
Your relationship is solely with the Company, and the Company has sole legal liability for the work done for you and for any act or omission in the course of that work. No officer, consultant or employee of the Company will have any personal legal liability for that work whether in contract, tort, negligence or any other cause of action. In particular, the fact that an individual officer, consultant or employee signs in his or her own name any letter or other document in the course of carrying out that work does not mean he or she is assuming any personal legal liability for that letter or document.
We will agree with you at the outset the scope of the work. We are not responsible for matters that are outside the scope of the work agreed. All prices are as quoted on the logodepot.co.uk website. The Company will not be liable for any delays caused during the design process. You must pay to us, on demand, all reasonable costs, charges or losses sustained or incurred by us (including, without limitation, any direct, indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property and those arising from injury to or death of any person and loss of opportunity to deploy resources elsewhere) arising directly or indirectly from any of the following acts or omissions by you: fraud, negligence, failure to perform or delay in the performance of any of your obligations.
Work will commence following full payment and order details either through the website or by email.
The prices quoted on the logodepot.co.uk website are promotional prices. These prices are for the studio time for the initial set of designs. We agree as part of the promotion to make an unlimited amount of changes to the initial designs until you are satisfied at no additional cost.
We endeavour to turnaround initial designs within the agreed timescale for the package purchased. Revisions can take several days but will ultimately depend upon the revision requested. The promotional prices are based on volume business and therefore there may occasionally be small delays in the turnaround. The company will not be liable for any delays caused during the design process. Whilst every effort is made to ensure there are no delays, it is your responsibility to contact the company in the event that designs have not been received within the agreed timescales. The company will not be held responsible for delays caused due to non receipt of emails.
Feedback provided in relation to the design must be clear and constructive. It must be sent by email.
Only email confirmation to sign off/approve the design will be accepted. Once a design has been signed off and final files created the design process will be considered complete and any further changes will be chargeable.
We reserve the right to charge extra where:
• the brief changes substantial from the original, this includes but is not limited to change of name, after making changes to the initial brief, requesting a complete new set of designs based on new feedback.
• you request to finalise more than one design.
• no communication has been received for 6 weeks or more, unless previously agreed with the Company.
We are not responsible for print errors. If you choose to use us to print you will receive a proof which must be agreed before print commences. If you print with another company it is between yourselves to agree a proof. Colours differ on screen and in print, you may provide us with pantone or CMYK references at the beginning of the order and we will happily use them. Some printers require specific artwork to be supplied, if you do not plan to use us for print please send us artwork specifications for your chosen printer before we start the design process, otherwise further costs may be charged if we have to make changes after final files have been sent.
Despite our best efforts we may make a mistake, by which we mean any breach of our duties to you. If we do, and are liable to compensate you, you agree that our liability is limited in the following respects:
• It is the Company that is liable, not an individual partner or member of staff. You agree to make no claim against an individual except for fraud
• Our maximum liability for any claim by you whether in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the work you have requested shall be limited to the price paid by you for our services (unless a different amount is agreed with you in writing)
• Where any claim relates to a mistake made by us, this overall limit applies whether the mistake affects just one piece of work we do for you or several, so long as it is the same or a similar mistake
• For the purpose of the overall limit, more than one mistake on a project or transaction is considered as one mistake
We have no liability for any indirect or consequential loss or loss of anticipated profit or other benefit and shall not be liable for any of the following:
loss of profits; or
loss of business; or
depletion of goodwill and/or similar losses; or
loss of anticipated savings; or
loss of goods; or
loss of contract; or
loss of use; or
loss due to corruption of data or information; or
any special, indirect, consequential or pure
economic loss, costs, damages, charges or
any damages paid by you or loss suffered by
you arising out of any allegation or claim that
any Input Material breaches any Intellectual
• We are not liable to the extent that our mistake results from something you do or fail to do (such as giving us the wrong information, not giving us information at the time we ask for it or failing to supply appropriate Input Materials)
• If others are also responsible for your loss, our liability is limited to our fair share, whether or not you are able to recover the rest from the others.
Notwithstanding the references to mistakes the above exclusions and limitations apply to our entire financial liability (including any liability for the acts or omissions of its employees, agents, consultants, and subcontractors) to the Customer in respect of:
any breach of this contract;
any use made by the you of our services, the documents produced by us in connection with our services or any part of them; and
any representation, statement or tortuous act or omission (including negligence) arising under or in connection with the contract.
All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this contract.
Nothing in these Conditions limits or excludes our liability:
for death or personal injury resulting from negligence; or
for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us.
We will keep confidential all information about you and your business and not disclose it to anyone outside the Company without your consent. You do consent to disclosure in the follow:
• in the proper handling of your work
• to our professional indemnity insurers
• to assessors in relation to any application by us for or the maintenance of a quality standard such as Investors in People
• where compelled by law, such as a court order
• in case studies for our own promotion
Subject to (a) to (c) you must keep in strict confidence all technical or commercial knowhow, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to you by us, our employees, agents, consultants or subcontractors and any other confidential information concerning our business or our products or services which you may obtain.
(a) You may disclose such information:
(i) to your employees, officers, representatives, advisers, agents or subcontractors who need to know such information for the purposes of carrying out your obligations relating to the work you have instructed us to carry out; and
(ii) as may be required by law, court order or any governmental or regulatory authority.
(b) You must ensure that any employees, officers, representatives, advisers, agents or subcontractors to whom you disclose such information comply with these provisions about confidentiality.
(c ) You must not use any such information for any purpose other than to perform your obligations to us.
All materials, documents, equipment and tools, drawings, specifications and data supplied by us to you shall, at all times, be and remain our exclusive property of the, but shall be held by you in safe custody at your own risk and maintained and kept in good condition by you until returned to us, and shall not be disposed of or used other than in accordance with our written instructions or authorisation.
We both agree not to issue any publicity material or information to the media about our relationship and the work we are doing without the other’s consent, save where the information is already in the public domain.
We routinely use email to communicate, and whilst we have normal levels of security in place, you accept the risk that email communications may not be secure.
We comply with the current law on data protection. We store and process information about our clients in the context of our business. We are able, in most circumstances, to supply you ‘on request ‘with copies of the information that we store about you and your business. You acknowledge and agree that details of your name, address and payment record may be submitted to a credit reference agency, and personal data will be processed by and on behalf of the Company in connection with the work you have asked us to carry out.
Payment can either be made at the web price using the logodepot.co.uk website, or by BACS at the standard list prices also quoted on the website.
logodepot.co.uk offers a full refund policy if the client is not happy after receiving our first drafts on our first email correspondence. After this point no refund is available to the client once further design work has progressed. The refund policy only applies to our unlimited logo design package, no refund is available on any other package than this.
Storage, shipment, delivery and postage
We deliver all our final designs via e-mail on the date specified in your package.
We keep all files for a maximum of one year. If we do not receive feedback or file requests within that time the project is seen as complete. Full payment is required after that time if you wish to continue any design package.
Copyright and intellectual property
In this paragraph (and elsewhere in these conditions unless expressly stated otherwise) the following words have the following meanings:
Document: includes, without limitation, in addition to any document in writing, any drawing, map, plan, diagram, design, artwork, picture, photograph or other image, tape, disc or other device or record embodying information in any form.
Input Material: all documents, information and materials relating to the work you have asked us to carry out which either originate from any third party or for which we hold intellectual property rights that have not arisen in connection with our work for you including (without limitation), computer programs, data and specifications and the materials (whether documents or otherwise) specified in correspondence between you and the Company.
Intellectual Property Rights: all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get‐up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know‐how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
To the extent that we would otherwise own it, the Copyright in all Documents (other than that in any Input Materials incorporated) produced for you will be owned by you on payment in full of our fees. To the extent that any Input Materials, the intellectual Property Rights in which are not owned by us, form part of any work supplied to you are responsible for ensuring that you have appropriate rights or licenses to use such material. If we own the Intellectual Property Rights in any Input Materials incorporated into our work for you we, on payment in full of our fees, grant an irrevocable, perpetual non-exclusive right to use such materials but such license is for the purpose only of your own use of the work and does not allow resale, modification or incorporation into any other document.
We retain copyright and ownership of all other Intellectual Property Rights in all the models, questionnaire and papers we produce in carrying out your project. You may not replicate or reuse any of our models without our written permission.
We are not responsible for breach of copyright or other Intellectual Property Rights on any images or illustrations or other Input Material supplied by you for use in creative work. You warrant that you own the Intellectual Property Rights in all Input Materials that you supply for use in connection with the work you have asked us to carry out. You agree to fully indemnify us against all claims or losses whatsoever and however arising in respect of any breach of any Intellectual Property Rights in any Input Materials.
Where we supply imagery or illustration we will make you aware of the licensing costs for use of these images and you agree to reimburse us for such costs.
Ending the project
You may ask us to stop work on your project at any time. If so, please confirm that in writing. We may choose to stop acting for you, but only if we have good reason to do so (for example, if you continually do not give us clear and constructive feedback, or do not make a payment when due). If we stop working for you we are still entitled to be paid for what we have done, and may keep your work until we have been paid.
These terms and our relationship will be governed by English Law. We each submit to the exclusive jurisdiction of the English courts.
Unless otherwise agreed, these terms of business apply to any instructions you have already given us and all future instructions you give us. Your continuing instructions in this matter will amount to your acceptance of these terms and conditions of business