TERMS OF AGREEMENT By entering into any contract or agreement with ISLANDBOY GRAPHICS,LLC for products and/or services including without limitation ordering any products or services through the Islandboy Graphics web site (hereinafter referred to as your “Contract” with Islandboy Graphics), 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”). 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. Islandboy Graphics reserves the right to modify, amend, update and change these Terms and Conditions from time to time with notice via email or other means. You are responsible for regularly viewing these Terms and Conditions. You acknowledge and agree that Islandboy Graphics 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. LOGO DESIGN TECHNICALITIES: The source file will be .Cdr [Corel Draw 13], which will be converted to curve and thus allow editing of size, color etc but the fonts will be converted into paths/outlines/graphic objects. Other formats sent will be: CLIENT PARTICIPATION AND SPECIFICATIONS AT START OF THE PROJECT, AND THEREAFTER: By agreeing to this, you the client acknowledge that you have been given the opportunity to provide/describe what are considered initial specifications and guidelines for your logo project. This is accomplished through the form which is the first page of the order form out which includes detailed and specific questions intended to assist the designer in their initial designs. In any case where you the client/customer elect not to answer, or decline to provide details, you are acknowledging a willful waiver of client input, and give your consent for the designer to exercise full interpretation, being held blameless for any designs which may result, in the unfortunate event that the client is not satisfied. SCOPE OF PROJECT: The initial number of designs varies by project, and in no case may the client request additional new designs, in the event that they do not approve of the ones which were submitted. The number of designs presented is presumed to have satisfied the initial number of designs as stated in the package description. In the event that the client requests additional designs, beyond the scope of their package (not including any unlimited revisions, which is a material change to an existing design, and not a redraw, and are not charged or considered to be redesigns), they are subject to additional charges of $50.00 USD per hour, prepaid in increments of two hour blocks. Any design requests outside of the specific stated scope or quote of the package are also subject to the same hourly charge, in prepaid one hour increments, and are non-refundable. PAYMENT: Payment in full for any and all products and services to be provided by Islandboy Graphics under your Contract is due in advance of the commencement of any work by Islandboy Graphics. Islandboy Graphics 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. Islandboy Graphics will notify you of any additional charges under your Contract prior to commencing performance of its obligations there under. DELIVERY AND ACCEPTANCE: Upon completion of its products and/or services in accordance with the terms and conditions set forth in your Contract, Islandboy Graphics shall deliver your product and/or service to a temporary location designated by Islandboy Graphics for your review. Islandboy Graphics will notify you via e-mail of such completion and delivery, and the manner in which you may access the temporary location for purposes of reviewing your product and/or service. You shall have 60 business days from the date of delivery to said temporary location to notify Islandboy Graphics in writing of your acceptance or rejection of the product and/or service. Your failure to notify Islandboy Graphics in writing of your rejection of the product and/or service within said 60 day period shall constitute your acceptance of the product and/or service. In the event you reject the product and/or service, you shall notify Islandboy Graphics in writing of your rejection within said 60 day period, including a detailed explanation for such rejection, following which Islandboy Graphics shall use commercially reasonable efforts to provide a substitute or replacement product or service as soon as practicable. Upon your written acceptance of the product or service, or any substitute or replacement product or service, Islandboy Graphics shall release and deliver the same to you, to such location and in such format as agreed upon in your Contract. This project will be determined to be closed if we do not have written, phone or in person contact from 60 days from the last revision. The project may be re-opened only upon Islandboy Graphics discretion. REFUND POLICY: We guarantee your 100% satisfaction with your logo design or your money back minus a $30 service fee (includes processing and service charges) Initial logo design (upfront) fee that you have paid can be refunded if you are not satisfied with our work (minus service fee). (We require $150, $200, $300 as upfront deposit for Entry, Professional, and Executive package respectively before start of the project, after making sure that amount has been deposited we'll start working on the project). EXERCISING REFUND PROVISION: If, upon being presented with the INITIAL designs, the client elects not to pursue the project any further, and requests a refund, in writing by email, to randy@islandboygraphics.com, a refund in accordance with the terms of this website will be issued. A refund only applies if, after the first draft and prior to any requests for changes or revisions, the client requests one. Otherwise, if any revisions, redraws or similar requests are made, no matter how minor, the client is assumed to have consented with proceeding forward with the logo design process and thus waiving their right for a refund under these stated provision. A Refund will be issued upon request, EXCEPT in the following cases: 1. Refunds do not apply if we do not hear back from you for more than 30 days (Project is considered closed after inactivity of three months) How the money will be transferred? If you have paid using your credit card - the money will be transferred back to your credit card account. It may take up to 6 to 14 business days before the money can appear on your account. 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 Islandboy Graphics 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. ISLANDBOY GRAPHICS 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. ISLANDBOY GRAPHICS 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 OF SUCH PRODUCTS AND/OR SERVICES, IN THE UNITED STATES OR ANY OTHER JURISDICTION. Upon your acceptance of the product or service and Islandboy Graphics receipt of payment in full therefore, Islandboy Graphics will assign, convey, transfer and deliver all of its right, title and interest in and to the products and/or services developed by Islandboy Graphics for you under the terms of your Contract. Any products or services, including samples, rejected or otherwise not delivered by Islandboy Graphics and accepted by you shall at all times remain the property of Islandboy Graphics and you shall have no right in or to such products or services. Islandboy Graphics retains and reserves the perpetual, royalty-free right to use any and all products and/or services developed by Islandboy Graphics for display and self-promotional purposes, regardless of your acceptance and Islandboy Graphics delivery of the same to you. TERMINATION: Islandboy Graphics 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 Islandboy Graphics, your Contract and/or your access to the Islandboy Graphics web site, at any time and without prior notice. You agree that Islandboy Graphics 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 Islandboy Graphics web site. In the event that Islandboy Graphics rejects, cancels or terminates your Contract or your order for a reason other than your breach or non-performance under your Contract, Islandboy Graphics will return any amounts prepaid by you relating to the rejected, canceled or terminated Contract or order. DISCLAIMER OF WARRANTIES: YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE INFORMATION, SOFTWARE, CODES, PRODUCTS, SERVICES, TEXT, GRAPHICS, LOGOS OR OTHER ITEMS AND MATERIALS PROVIDED OR MADE AVAILABLE BY ISLANDBOY GRAPHICS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, ISLANDBOY GRAPHICS 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. ISLANDBOY GRAPHICS MAKES NO WARRANTY THAT ITS PRODUCTS OR SERVICES WILL BE PROVIDED IN A TIMELY AND SECURE MANNER, OR WITHOUT ERRORS OR DEFECTS, OR THAT ITS PRODUCTS OR SERVICES WILL NOT INFRINGE ON THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. ISLANDBOY GRAPHICS DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE PRODUCTS OR SERVICES PROVIDED BY ISLANDBOY GRAPHICS WILL MEET YOUR EXPECTATIONS. LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ISLANDBOY GRAPHICS OR ANY SUBSIDIARY, AFFILIATE, OFFICER, DIRECTOR, SHAREHOLDER, 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 ISLANDBOY GRAPHICS TO YOU, EVEN IF ISLANDBOY GRAPHICS 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, ISLANDBOY GRAPHICS LIABILITY TO YOU FOR ANY DAMAGES RELATED TO OR ARISING OUT OF THE CONTRACT OR ISLANDBOY GRAPHICS PROVISION OF PRODUCTS OR SERVICES SHALL NOT EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO ISLANDBOY GRAPHICS UNDER YOUR CONTRACT OR FOR SUCH PRODUCTS OR SERVICES. INDEMNIFICATION: You agree to indemnify and hold Islandboy Graphics, its subsidiaries, affiliates, directors, officers, shareholders, agents and employees, harmless from and against any loss, damage, liability, cost or expense of any kind, including attorneys’ fees, incurred by Islandboy Graphics 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 Islandboy Graphics pursuant to your Contract. COPYRIGHT AND TRADEMARK NOTICES: All intellectual property of Islandboy Graphics, 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 Islandboy Graphics 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 Islandboy Graphics is strictly prohibited. Copyright © 2007 by Islandboy Graphics, Inc. All rights not expressly granted herein are reserved. GENERAL: These Terms and Conditions, together with your Contract, shall constitute the sole agreement and understanding between you and Islandboy Graphics regarding the matters set forth herein, and any and all previous agreements and understandings between or among you and Islandboy Graphics 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 Islandboy Graphics unless otherwise agreed to by Islandboy Graphics in writing. The failure of Islandboy Graphics 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 |