ImageCo Terms of Service
ImageCo is committed to protecting your privacy. In order to provide a quick and accurate response to your logo design or web design order, ImageCo asks only for the information necessary to complete your order with precision. All the information is strictly for the use of ImageCo and its partner PrintingForLess.com , it will not be shared with any other third party. ImageCo uses Secure Socket Layer (SSL) technology to protect your privacy when you place an on-line order. The information we gather and how we use it:
When you order a logo design or a web design, we need to know your name, your company’s name, your email address, and your mailing address. This allows us to process and complete your order and to notify you of your order status. We also ask some information about your company in order to have a creative direction for your company’s logo design or web design needs. All the rights to the Logo artwork and logo design we create at the request of a client belong to such client.
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 business days for the money to appear in your account. If you have paid using a check or a money order, your refund will be sent to you by check.
If you have already approved your logo concept.
If work has already commenced on logo design including any and all changes have been carried out at your request.
If the party for which the logo was being designed closes, changes its name, or changes its field of business.
If the project was canceled for reasons unrelated to the logo designed by ImageCo
If you have not communicated with ImageCo for more than 30 days following the submission of the logo design.
If other design companies were hired simultaneously to work on the same logo design project.
Legal Rights Agreement
All the rights of the logo design and logo artwork ImageCo has created and designed for specific client belong to the client for which it was designed. This does not include work done on the clients behalf that is not part of the final design work created for said client, ImageCo does not hold any rights to the logo design created for a client.
ImageCo does not file a trademark application with respect to the logos designed for its client. The client is free to register as a trademark the logo design created for it by ImageCo
In the event that payment for any logo design is not made in accordance with the payment policies of ImageCo, then all of client’s rights in and to the logo design created for it, including any trademark property, will immediately revert back to ImageCo ImageCo warrants that its designs are of its own creation and are not copied from or inspired by existing designs or trademarks but does not warrant that a design the same as or similar to that designed by it, but of which it was not aware at the time of its creation, does not exist.
If for some coincidental reason a logo designed or web designed by ImageCo looks identical to another party’s logo, ImageCo will provide a free redraw session with a new set of logos.
CMYK, Pantone colors, printing responsibility: For the purpose of versatility we will supply your logo kit with files in different color modes such as RGB, CMYK, and may contain Pantone colors. (To learn more about these modes see our FAQ section.) When you are approving your logo on the computer monitor, you are only approving RGB colors. Computer screens can only reproduce RGB colors and only simulates other color modes. We do our best to match RGB colors on our computer screen to CMYK or Pantone colors, but it is physically impossible to find an exact match. When we convert your files in to different color modes (CMYK, Pantone) we hold no responsibility for matching exactly your approved RGB colors. It is the clients’ responsibility to double-check and make sure the printer gets the right color. Furthermore when printing in CMYK process the printed colors may vary. This is due to a non standardized color pallet used by this process printers, and calibration of the machine. Therefore ImageCo is removing all the responsibilities for the outcome of the printing quality and colors.
ImageCo holds no responsibility for retraced images: Any idea provided by the client: sketch, copy, fax, file… that ImageCo is asked to use in the logo design process removes its responsibility from any copyright violation or warranties. In such circumstances ImageCo cannot guarantee the originality of its work and therefore will not be held liable for any damages or violations. A waiver form is required to sign prior to ImageCo using any images provided by the client.
Timelines: The general delivery time line for the first logo design concepts is 7-10 business days.
Every following change will be delivered in 3-5 business days.
More complex changes or redraws may be delivered up to 5 business days (depending on the complexity of work).
All redraw deadlines are determined by the receipt of all necessary information pertaining to the re-designing of the logo.
ImageCo will provide all font names used in the logo design process.
ImageCo does not provide the actual font files.
Stationery design and final approvals on the logo: Our logo design packages are split in to several different steps. Please take note that once you give a final approval on your logo you may only request another logo change at an additional charge. If you have ordered stationery, we will use your approved logo to design your business cards and letterhead. However in both cases, changes to approved logos are charged a minimum of $45.
Upon the final approval of a logo and/or stationery design, ImageCo will require up to 1-2 business days to put together all of the files. For UPS delivery packages the shipment will be processed after we receive your address confirmation. Camera ready artwork is available for shipping within North-America; however International clients will be subject to additional shipping charges.
Loss of data: ImageCo will take all appropriate precautions to safeguard its servers and data contained within, however ImageCo will not be held responsible for any loss of client data stored or intended to be stored on the servers and on back-up devices. The client will not be entitled to any form of compensation from ImageCo in the event of loss of data, therefore it is recommended that the client also takes steps to back up his/her logo materials.
Prices and services: ImageCo may make changes to the website and information provided, i.e. publications, prices, technical specifications, promotions and product offerings at any time and without notice.
Billing and Payment Terms and Conditions: DEFINITIONS
“Goods” means any goods and/or services provided by the Company as ordered by the Client “ Company” means Sample Answers Ltd. incorporating Prime Prospects. “ Client” means the person, firm or company placing an order with the Company.
1) FORMATION OF CONTRACT
All Goods sold by the Company are sold subject to the Company’s standard terms and conditions (as detailed in the policy section) which form part of the Client’s contract with the Company. Terms and conditions on the Client’s order form or other similar document shall not be binding on the Company.
Orders will be deemed to have been placed when an email confirmation has been received from a responsible executive of the client company.
3) RIGHT TO SUB CONTRACT
Unless otherwise agreed the Company shall be entitled to sub-contract all or any part of the work.
4) RISK OF LOSS
The risk of loss or damage to the Goods shall pass to the Client upon delivery of the Goods.
5.1 New clients or other clients out of terms may be expected to pay in advance for their services.
5.2 All other invoices issued by the Company shall be paid by the Client within thirty (30) days of the date of invoice unless otherwise agreed in writing by the Company. In the event of late payment, the Company may charge interest on the amount outstanding before and after judgement at the rate of five (5) percent above the Base Rate of Barclays Bank plc in force from the due date until the date of payment.
5.3 If any amount of an invoice is disputed then the Client shall inform the Company of the grounds for such dispute within seven days of delivery of the goods and shall pay to the Company the value of the invoice less the disputed amount in accordance with these payment terms. Once settlement of the dispute has been agreed, any sum then outstanding shall also be payable in accordance with these payment terms.
5.4 The Company reserves the right to increase a quoted fee in the event that the client requests a variation to the work agreed.
In view of the nature of the service, any order – once confirmed by the Company – is not cancellable. Cancellation of the Order by the Client will only be accepted on condition that any costs, charges and expenses already incurred, including any charges that will be levied by a sub-contractor on account of their expenses, work or cancellation conditions will be reimbursed to the Company forthwith.
7.1 The majority of services as supplied by the company are despatched electronically by email and shall be deemed as having been delivered when the email has been opened by the client.
7.2 The Company reserves the right to substitute conventional delivery methods without notice or penalty should electronic despatch prove inconvenient; in which case delivery by the Company will be deemed to have taken place when the materials are handed to the custody of the Client at his premises or to a deputed messenger or courier when posted. The Company will be entitled to charge the Client for any expenses of delivery other than normal postage charges.
8) FORCE MAJEURE
The Company will not be liable to the Client for any loss or damage suffered by the Client as a direct result of the Company, its sub-contractors or the list-owner from whom the sample or other service or material is derived being unable to perform the Contract in the way agreed by reason of cause beyond its control including Act of God, accident, war, riot, lockout, strike, flood, fire, power failure, breakdown of plant or machinery, delay in transit, postal delay, or any other unexpected or exceptional cause or circumstance.