This Logo Design Service Agreement ("Agreement") is entered into by and between HostingDude.com ("HostingDude.com") a/an individual and you and your heirs, agents, successors and assigns (collectively, "You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of HostingDude.com's Logo Design Service and its related services (collectively, the "Services") and represents the entire agreement between You and HostingDude.com concerning the subject matter hereof. By using the Services, You acknowledge that You have read, understand, acknowledge and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies including, but not limited to, the Universal Terms of Service that HostingDude.com may establish from time to time, in its sole discretion, and any agreements that HostingDude.com is currently bound by or may become bound by in the future. Such Agreements may be found here. All HostingDude.com policies and agreements related to Your use of the Services are incorporated herein and made part of this Agreement by reference.
1. Design Services
Depending on the level of Service purchased, HostingDude.com will create a logo tailored toward Your reasonable expectations. The Service will include an initial interview, presentation of the three (3) initial designs and up to two (2) rounds of requested revisions to the selected design. HostingDude.com may request sample artwork, content or other material that You have indicated a desire to incorporate into the logo design. All such material must be supplied in an electronic file format and transmitted to HostingDude.com electronically via email or file upload. Files that are too large to be transmitted electronically can, by prior arrangement, be delivered on a CD to our facilities via any standard shipping carrier. Content can, by prior arrangement, be faxed or sent to our facilities in hard copy format. Content delivered in hard copy format may incur additional fees for electronic conversion. HostingDude.com is not responsible for delays in completion due to delays in the receipt of shipped items. HostingDude.com, in its sole discretion, may require You to re-submit images should they determine that the images are not of high enough quality. HostingDude.com will not begin construction of Your logo until all requested materials and assurances of rights have been received from You. All materials provided should be copies and not original material. HostingDude.com will not return any materials provided by You in the design process. Failure to provide such material within thirty (30) days from request will result in cancellation of Your work order. No credits or refunds will be given for such cancellation. HostingDude.com will strive toward Your Satisfaction, but does not guarantee that all of Your requests will be satisfied if they are unreasonable or unable to be accomplished within the scope of the Services. Delivery of the revised logo design via electronic mail after the second requested revision completes HostingDude.com' s obligations under this Agreement and releases HostingDude.com from any obligation for further revisions or alterations. Requests for additional design compositions beyond the first three (3), or requests for additional design revisions beyond the first two (2), will result in additional hourly design fees based on the number of additional hours worked. Requests for illustrative logos will result in additional hourly design fees based on the number of additional hours needed to create the illustration. If You cancel the logo design service after work has commenced, You will incur a termination fee based on the number of hours invested in the logo design service.
2. Limitations
HostingDude.com strives towards creating a logo that meets Your expectations. However, HostingDude.com does not guarantee that expectations will be met if requests are unreasonable or unable to be completed within the scope of the Service. Every step of the Service requires Your feedback. Failure to provide timely and reasonable feedback may delay or frustrate completion of the Service. HostingDude.com is not responsible for additional fees, time, or expenses incurred because of delays caused by lack of reasonable feedback, including Your failure to initiate the process. Should You fail to initiate the creation process by not responding to the initial request for interview within thirty (30) days, Your account will be considered inactive and the Service will terminate. No refunds or credits will be given for termination due to Your failure to respond to the initial request for interview or any feedback requests. Should You delay feedback for more than thirty (30) days Your unfinished logo may be archived and will require additional activation fees to recover.
HostingDude.com reserves the right to refuse any direction to create a logo that exploits children, contains pornography or other tasteless images, contains copyrighted or trademarked materials of others or infringes on the intellectual property rights of another, harasses, defames or slanders another, or for any other reason that HostingDude.com, in its sole discretion, decides. HostingDude.com has the right, but not the obligation, to back up or archive Your custom logo before delivery.
The Services, the resulting product and all copies belong to the copyright owner. The Services, the resulting product and all copies are copyrighted and are protected by United States copyright laws and international treaty provisions with all rights reserved. Upon final delivery of the custom logo, the copyright owner grants You an all rights, titles and interest in the logo and any products resulting from the purchase of the Services. Except as explicitly granted herein, HostingDude.com does not grant any express or implied right to You under HostingDude.com patents, copyrights, trademarks, or trade secret information. HostingDude.com may display the resulting product online, in marketing materials or in other manners in HostingDude.com's sole discretion.
3. Maintenance and Alterations After Delivery
The Services are for the initial creation of a logo only and do not include routine maintenance or major alterations.
4. Availability of Services
Subject to the terms and conditions of this Agreement and each of HostingDude.com's policies and procedures, HostingDude.com shall use commercially reasonable efforts to attempt to provide the Services on Monday – Friday, 9am – 5pm MST basis, excluding holidays, throughout the term of this Agreement. You acknowledge and agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that HostingDude.com may undertake from time to time; or (iii) causes beyond the reasonable control of HostingDude.com or that are not reasonably foreseeable by HostingDude.com, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that HostingDude.com has no control over the availability of the Services on a continuous or uninterrupted basis.
5. Your Obligations
By using the Services, You agree that You are age eighteen (18) or over. The Service is available only to persons who can make legally binding contracts under applicable law. You agree to provide a valid email address to receive information, questions and the final approved logo design.
You agree that you have the appropriate rights or licenses in all logos, trademarks or intellectual property supplied by You.
You agree that all requests shall be reasonable in nature and within the scope of the Service as advertised.
You also agree to respond to any requests for feedback within fourteen (14) days. Failure to respond within thirty (30) days shall result in a non-refundable cancellation of the Service.
6. HostingDude.com 's Rights and Restrictions
HostingDude.com explicitly reserves the right and sole discretion to: (i) modify its pricing, if desired by HostingDude.com ; (ii) establish limits and guidelines concerning the use of the Services; (iii) terminate Your use of the Services for use of the Services to unnecessarily or illegally harass, non-payment of fees for the Services, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of the United States and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of HostingDude.com, activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that HostingDude.com determines, in its sole discretion, to be harmful to its other customers, operations, or reputation; (iv) terminate Your use of the Services if Your use of the Services results in, or is the subject of, legal action or threatened or proposed legal action, against HostingDude.com or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit, and (v) terminate Your use of the Services if You have not responded to requests for feedback. If HostingDude.com terminates Your use of the Services, HostingDude.com may, at its own option and in its sole discretion, remove and destroy data and files stored by You on its servers. HostingDude.com has no obligation to monitor Your use of the Services, but reserves the right in its sole discretion to do so.
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