Welcome to Logo Design Consultant™. By joining the contract with Logo Design Consultant™ you have agreed to comply with the legal terms and conditions. Therefore you are requested to read these carefully. If you think that you do not agree with these terms and conditions then you should not use our services. Logo Design Consultant™ can alter these terms and conditions at any point in time it feels like. Hence it is your responsibility to visit this page regularly to keep yourself up to date with all the latest changes. These terms and conditions apply to all the services, text, images, data and all other content on Logo Design Consultant™.
You agree that you have read the terms and conditions and notify that Logo Design Consultant™ has the right to cancel, refuse and reject any order that acts against/ violates our terms and conditions. The scope of rejection also includes all projects and contents that are illegal, defamatory, obscene, incites hatred be it religious, racial or ethnic. If any such activity is caught or is brought in to our notice that violates our terms and conditions in any manner what so ever then Logo Design Consultant™ preserves the right to take the matter to proper concerned authorities.
You agree that Logo Design Consultant™ holds the right to disclose your account information and content if ordered by law or in good faith if it is deemed necessary to: (a) adhere to the legal process requirements (b) to enforce Terms and Conditions; (c) inquire the claims regarding violation of rights of third parties; (d) to answer your queries in relation to customer service; (e) to safeguard the right and property of Logo Design Consultant™, its customers and public in general.
Logo Design Consultant™ holds the rights to change, amend, edit and modify the clauses in Terms and Conditions at any point in time without giving a prior notice. Thus it is your responsibility to keep yourself up to date with the latest changes by viewing Terms and conditions regularly. You accept and adhere that Logo Design Consultant™ shall not in any case to liable to you or any third party for any kind of changes made by Logo Design Consultant™ to these Terms and Conditions be that modification of any clause, discontinuance of any clause or amendment in any portion of these Terms and Conditions.
1. Logo Design Consultant™ Technicalities
Colors: Logo Design Consultant™ uses CMYK as a default color model format for all the logos. If you wish to change the color format for your project then you must do so at the start of your project and it will be subject to additional charges.
File Format: The format for the source file is Adobe Illustrator (.ai). Other formats to be sent will include .tiff, .jpg, .eps, .pdf, .gif. Additional formats can be provided upon request.
(a) Description: Logo Design Consultant™ provides online service to individuals or entities that have registered with Logo Design Consultant™ as clients. A client provides project description and assignment task to be carried out including illustrative samples via creative brief. Logo Design Consultant™ will provide you with service in accordance with your selected package.
(b) Creative Brief and Responses: You as a client will be responsible to provide us with all the details necessary for the completion of your order. In case if you require any changes in your brief then you can do so via contact us form. Logo Design Consultant™ is under no obligation to go through the revisions for any purpose be it clarity, complete information or accuracy therefore it is advised to fill in the creative form with full attention and submit details carefully. Logo Design Consultant™ has the right to deny your revised brief.
(c) Reviewing Responses: When Logo Design Consultant™ sends you a response; you shall be responsible for reviewing those responses. If you fail to inform Logo Design Consultant™ promptly then it shall be considered that you have accepted the response. If you think that the response is not reasonable then you need to reply back in writing via contact us form. Logo Design Consultant™ is not responsible for the content of responses developed to the extent that such responses are prepared to conform in accordance with your original creative brief.
(d) Revision Cycles: the purpose of revision process is to make sure that the project is headed in its desired direction. In the first and second round of revisions, you are eligible to request significant changes but by the third revision onwards, your request shall be restricted to modifications in the current composition only.
2. Eligibility, Access, Use and Service
(b) Authorization to Use; Permitted Uses. As a user, you have the freedom to access and use our services as long as you comply with the Terms and Conditions and policies and procedures of Logo Design Consultant™. You are eligible to submit your brief only if you sign in as an authorized user. Any use of the website is at your own risk and responsibility.
(c) Prohibited Uses: Unless expressly permitted in Terms and Conditions, you must not display or print the website and in no event may you broadcast, circulate, distribute, download, perform, publish, rent, reproduce, sell, store, transmit or create decorative works from the Web Site. Further you agree to adhere with all the applicable laws (including but not limited to any connected export controls) with regards to the use of the service along with such limitations as set forth by Logo Design Consultant™. You also agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Web Site that (i) is copyrighted, unless you are the copyright owner; (ii) reveals trade secrets, unless you own them; (iii) infringes on any other proprietary or intellectual property rights of others, on the privacy or publicity rights of others, or any statutory right; (iv) is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any other person or entity; (v) is sexually-explicit; (vi) constitutes advertisements or solicitations of business, chain letters or pyramid schemes; or (vii) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. You further agree not to (a) use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a Client; (b) delete or revise any material or other information of any other user of Logo Design Consultant™; (c) take any action that imposes an unreasonable or disproportionately large load on the Web Site's infrastructure; (d) use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on the Web Site; (e) use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Web Site, other than the search engine and search agents available from Logo Design Consultant™ on the Web Site and other than generally available third-party web browsers (e.g., Microsoft Internet Explorer and Netscape Navigator); or (f) attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Web Site.
(d) Web Site Security: You are strictly prohibited from violating or making an attempt to violate the security system of the website. This includes but is not confined to (i) trying or accessing data that is not intended for you or logging in to a server or account for which you are not authorized to access in any case; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mailbombing" or "crashing", the Web Site; (iv) sending unsolicited email to any user of the Web Site, including promotions and/or advertising of products or services; or (v) forging any TCP/IP packet header or any part of the header information in any email or posting generated in connection with the Service. Violations of security network could result in civil or criminal charges for which you shall be held liable. Logo Design Consultant™ will fully investigate such incidences that might involve commitment of such crime or violation of conditions and will work alongside law enforcing agencies in order to capture and prosecute users that are involved in such acts. Logo Design Consultant™ reserves the right to review the postings on the website, to remove any postings along with your ability to communicate, or post at the website at any point in time as it feel like. Logo Design Consultant™ holds the right to disclose your information if applicable by law requiring legal proceeding or at the request of the government authorities.
(e) Operation of Web Site: Logo Design Consultant™ shall not be held responsible for any delays or interruptions of, errors or omissions contained in the web site. Logo Design Consultant™ reserves the right, but shall not be required, to correct any such delays, interruptions, errors or omissions. Although at times Logo Design Consultant™ intends to use commercially reasonable efforts in order to make the web site and service accessible, Logo Design Consultant™ makes no representation, warranty or covenant that the Web Site or Service will be available at all times or at any time. Various circumstances may prevent or delay availability, including telecommunications and/or server problems. Logo Design Consultant™ may at any time discontinue the Web Site in whole or in part, may change or eliminate any transmission method, and may change transmission speeds or other signal characteristics. Logo Design Consultant™ shall not be responsible for any loss, cost, damage or liability that may result from any of the circumstances, actions or inactions described in this paragraph.
3. Refund, Cancellation & VAT/Tax Policy
A project shall not be subject to refund in any event if the initial concepts are approved or revisions have been requested in the initial concept. Also you shall not be subject to any refund if Logo Design Consultant™ cancels or terminates your contract for a reason other than your breach or non-performance.
Logo Design Consultant™ shall refund your money if you make such a request at the time when your initial logo concepts are shown to you. If you approve your concepts or request revisions then you become ineligible for the refund. Same rule applies for multiple service packages. If you order a package including both logo and website then you can ask for a refund when you view your initial concept only. If you approve your logo concept and we move on to website design, then you can request your money back for website service only after viewing your initial concepts and thus shall be entitled for refund for web design service only. Logo Design Consultant™ reserves the right to determine the cost of a single service in a multiple package that shall be subject to refund.
We offer you 100% money back but they are subject to a minimum administration fees. A refund request must have a valid and justifiable reason which shall be weighed against your creative brief and the logo designed. If a concept has not been designed in accordance with the brief then you are entitled for refund but for any other reason a refund will not be provided however you shall be provided with revisions to ensure your satisfaction. Money back guarantee is based on that the order is placed in good faith. Where a customer has placed design orders with more than one design agency for the same job, with the intention to claim refund from one of them, we do not consider it a good faith. In such a case we reserve the right to decline a refund. Almost all design jobs require customer feedback before finalizing the design therefore it is only fair that the customer gives feedback in order to get the desired results. Please read the page http://www.logodesignconsultant.com/logo_guarantee.html for more information.
You can cancel your order 24 hours before the delivery date at no cost. Cancellation of orders within 16 hours and 24 hours delivery service, is subject to a minimum Administration Fee of $200.00. Where order value is less than $200.00, the order value will be deemed as the Administration Fee. Cancellations are accepted on the prescribed form which can be downloaded from http://www.logodesignconsultant.com/cf.pdf. A signed & scanned copy will need to be emailed to firstname.lastname@example.org.
All prices advertised on this website are excluding VAT/Tax.
4. Ownership; Rights to Use
(a) Web Site and Service Generally. Except as expressly contemplated under these Terms and Conditions, as between Logo Design Consultant™ and you, Logo Design Consultant™ will own all right, title and interest in and to all copyright, trademark, service mark, patent, trade secret or other intellectual property and proprietary rights in and to the Web Site and Service, in all media now known or later devised, to the fullest extent provided under international law. You shall not remove, conceal or alter any copyright notice, byline information, disclaimer, restriction or other notice on the Web Site or any portion thereof. You shall not use or permit any third party to use the name, trademarks, trade names, or trade dress of Logo Design Consultant™, including "Logo Design Consultant™", without the prior written consent of Logo Design Consultant™, as determined in its sole discretion, for each such use.
(b) Creative and Response Briefs. Upon submission of a Creative or Response Brief or any other information or media provided by you in connection with your use of the Service (collectively, the "Client Information"), Logo Design Consultant™ and its agents shall have all rights and licenses necessary to use such Client Information for the purpose of obtaining Responses and for archival purposes. Each Member to whom your project is made available has the right to review and display the relevant Term Sheet for purposes of preparing a Response.
(c) Rights of Logo Design Consultant™. Upon your submission of Client Information to the Service, you grant Logo Design Consultant™ and its agents a royalty-free, perpetual, irrevocable, sublicense able, exclusive, worldwide right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (in whole or in part), and/or incorporate in other works, in any form, media, or technology now known or later developed, such Client Information, for the full term of any intellectual property rights that may exist in such Client Information to the extent necessary to provide you with the Service and Responses.
(d) Rights of Clients: You shall have the right in accordance with the Terms and Conditions to own the final version of your product made by Logo Design Consultant™. You shall however not be entitled for ownership of any material or content made during the revision process. You acknowledge that you shall provide Logo Design Consultant™ a royalty free, irrevocable exclusive worldwide right to use your creative brief, responses and the final product for internal and archival purposes, in order to promote the services of Logo Design Consultant™. Logo Design Consultant™ retains the rights to all the design concepts and other contents that were not selected by you. Your ownership rights are only limited to the final product selected by you. You also adhere that Logo Design Consultant™ will have no obligation or duty to perform trademark, service mark or copyright searches or inquiries, or the like, in order to validate the propriety or legality of the Final Product. Accordingly, you are encouraged to perform your own independent searches with regard to the Final Product. Furthermore, you acknowledge that Logo Design Consultant™ shall have no responsibility or obligation of any kind to assist you in seeking state or federal intellectual property protection (i.e., without limitation, trademark or copyright registration) for the Final Product, nor shall Logo Design Consultant™ be responsible for otherwise assisting you in any way in your attempt to perfect your rights in or to the Final Product.
5. Nondisclosure and Privacy
6. Disclaimers; Indemnification; Limitations of Liability
(a) Responsibility for Content. Logo Design Consultant™ shall not be responsible for any use that is or is not made of the Web Site or the Service. Without limiting the foregoing, Logo Design Consultant™ makes no representations, warranties or covenants regarding, and does not guarantee, the truthfulness, accuracy, or reliability of any information or other material (including, without limitation, any Creative Brief, Term Sheets, Responses or User Identity) that are communicated through, or posted to, the Service, whether by Members, Clients, Logo Design Consultant™ or otherwise, nor does Logo Design Consultant™ endorse any opinions expressed by any user of the Web Site, including any Member or Client. Without limiting the foregoing, Logo Design Consultant™ makes no representations, warranties or covenants regarding the validity of the rights to Responses granted pursuant to these Terms and Conditions. You acknowledge that any reliance on information or other material, including, without limitation, any information related to a particular Package or your project, Term Sheet, Response or User Identity, communicated through the Service, or posted to the Web Site, will be at your own risk. Without limiting the foregoing, you agree and acknowledge that you use each Response at your own risk and that you are responsible for taking any actions you deem reasonable to determine whether your use of a Response will infringe any statutory or third-party intellectual property, privacy or publicity rights.
(b) Links to Third-Party Services: Logo Design Consultant™ website may contain links directed at other websites or other services. These links are not under the control of Logo Design Consultant™. Logo Design Consultant™ is not responsible for any such links and their content along with any changes or updates made in such content. These links are placed simply to facilitate the users. When you access such links, you do so at your own risk.
(c) Disclaimer of Warranties. THE SERVICE AND THE RESPONSES ARE PROVIDED "AS IS." LOGO DESIGN CONSULTANT™ MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE WEB SITE, INCLUDING ANY PART THEREOF, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE WEB SITE, INCLUDING ANY TERM SHEET, RESPONSE, USER IDENTITY OR LINKED CONTENT. LOGO DESIGN CONSULTANT™ DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LOGO DESIGN CONSULTANT™ DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE WEB SITE, OR ANY PART THEREOF; (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE WEB SITE; AND (v) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NON-PERFORMANCE, OR OTHER ACTS OR OMISSIONS BY LOGO DESIGN CONSULTANT™ OR ANY THIRD PARTY. FURTHERMORE, THERE IS NO WARRANTY THAT THE WEB SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
(d) Release from Claims. The Service serves solely as a venue for the creation of work and Logo Design Consultant™ does not regularly screen or censor any information or material posted to the Web Site. Although Logo Design Consultant™ makes commercially reasonable efforts to determine the identity of Clients, Logo Design Consultant™ cannot and does not confirm that any Client or other user is who they claim to be or that any Client or other user has the qualifications he or she claims to have. Because Logo Design Consultant™ does not and cannot be involved in user-to-user dealings or control the behavior of participants on the Web Site, if you have a dispute with one or more users, you hereby release Logo Design Consultant™ (and our affiliates, agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
(e) Indemnification. You hereby agree to defend, indemnify and hold harmless Logo Design Consultant™ and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from any action, claim, demand, or liability arising from or relating to your violation of any of these Terms and Conditions or use of the Web Site, and any expenses incurred in connection therewith, including, without limitation, reasonable attorneys' fees.
(f) Limitation of Damages. IN NO EVENT SHALL THE COMPANY OR ANY THIRD PARTY BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE WEB SITE, INCLUDING ANY PART THEREOF, OR THESE TERMS AND CONDITIONS OR ANY OTHER CONSENT (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) EVEN IF LOGO DESIGN CONSULTANT™ OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. LOGO DESIGN CONSULTANT™ TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE TOTAL AMOUNT YOU PAID TO LOGO DESIGN CONSULTANT™ FOR YOUR PACKAGE UNDER THESE TERMS AND CONDITIONS.
Logo Design Consultant™ has complete right constitute policy and judge what is considered the violation of such policy. In the event of violation of such policy, Logo Design Consultant™ has the sole authority to take appropriate action and Logo Design Consultant™ shall not be responsible for any of your damages occurring as a consequence of the action taken by Logo Design Consultant™ to protect itself from those that seek to harm Logo Design Consultant™.
All the above stated clauses apply for website hosting Terms and Conditions as well. Website hosting Terms and Conditions also includes the following clauses that you must comply to in order to become our client:
Accurate information: You agree that you shall provide Logo Design Consultant™ with complete and accurate information and you agree to notify Logo Design Consultant™ within 2 business days of any change in your information. If you fail to comply with this or if you do not respond to the inquiries of Logo Design Consultant™ within 2 business days or provide inaccurate information you shall be deemed to have violated the Terms and Conditions and Logo Design Consultant™ holds the right to terminate its services and close your account.
Acceptable Use Policy
You should use all services provided by Logo Design Consultant™ for lawful purposes only. You agree to maintain your website in full compliance with the terms listed below. By using any Services, provided by Logo Design Consultant™ You agree:
Logo Design Consultant™ holds the right to refuse service to anyone. Any material which is considered to be threatening or obscene by Logo Design Consultant™ shall be removed immediately from Logo Design Consultant™ servers without any prior notice and may also lead to suspension or termination of account without giving any refund.
Logo Design Consultant™ has the right to terminate any account that has been suspended for more than 14 calendar days and has still not be clarified from the initial threads or possible breach of Terms and conditions. After the passage of 14 days, all backup copies shall be permanently erased with no refund.
E-mail and Anti-spam Policy
You are prohibited from:
You must comply with the CAN-SPAM Act of 2003 and all relevant regulations and legislation on bulk and commercial email.
You are prohibited from sending mass unsolicited email messages. All emails sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from You will be considered as unsolicited email messages. You using and sending mass mailings must at all times maintain complete and accurate records of all consents and opt-ins and upon request provide said records to Logo Design Consultant™. In the event that You cannot provide actual and verifiable proof of such consents and opt-ins, We will consider the mass mailing to be unsolicited.
Logo Design Consultant™ prohibits the following activities listed without limitation hereunder:
Security and Storage:
Logo Design Consultant™ shall not in any case be responsible for any loss or damages or destruction of your content therefore it is solely your responsibility to keep a back up of all the content. You shall be responsible for maintaining the secrecy of your account password and other account information and shall be solely responsible for any change in the information that you make on your account or regarding content on your server. The services offered by Logo Design Consultant™ are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity.
If any software is provided to you by Logo Design Consultant™ it shall be used in accordance with our Terms and Conditions. You are not eligible to make any changes in the software. It is the sole property of Logo Design Consultant™.
If for wish to sell advertising space to any third party then you shall be solely responsible to make sure that it complies with Logo Design Consultant™ terms and conditions. Any breach of rules shall immediately lead to termination of account. You are responsible to monitor all domain transfers, renewals and orders. In the event that an error occurs the account holder must notify Logo Design Consultant™ immediately of the error. In no event shall Logo Design Consultant™ be liable to the Account Holder for any damages resulting from or related to any failure or delay of domain registration, transfer or renewal.
Billing and Payment: All fees for the Services shall be in accordance with Logo Design Consultant™'s™ fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the times provided therein. Fees for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such renewal period. Vouchers shall be sent to your email accounts along with notices in the 12th month of your hosting service. You shall have until the 5th of the first month in which your hosting has to be renewed to pay the regular charges which amount up to $19.99 for the year. After 5th you shall have to pay a late penalty of $10 along with the normal fees. In the event that any amount due Logo Design Consultant™ remains unpaid fourteen (14) days after such payment is due, Logo Design Consultant™, in its sole discretion, may immediately terminate this agreement, and/or withhold or suspend Services. There will be a $15.00 fee to reinstate accounts that have been suspended or terminated. All taxes, fees and governmental charges relating to the Services provided hereunder shall be paid by you. This cost is exclusive of maintenance charges which shall be paid up depending upon the case in point.
Termination & Cancellation Policy: The terms of your agreement with Logo Design Consultant™ shall be as set forth in your Order Form. After the Initial Term which is free, your agreement with Logo Design Consultant™ shall automatically renew upon the payment of your fees, unless terminated or cancelled by either party. In any case Logo Design Consultant™ will not be liable to refund any payment.
This agreement may be terminated: (i) by You by submitting a request at least two weeks before the account is due to renew; and (ii) by Logo Design Consultant™ at any time, without prior notice, if, in Logo Design Consultant™'s™ judgment, you are in violation of any term or condition herein, or in Logo Design Consultant™'s™ sole judgment, your use of the Services places or is likely to place unreasonable demands upon Logo Design Consultant™ or could disrupt Logo Design Consultant™'s™ business operations.
Logo Design Consultant™ provides domain registration, renewal and ID protection on behalf of You with a registrar selected by Logo Design Consultant™. Apart from the specific Logo Design Consultant™ terms below the use of the domain registration related services is regulated by ICANN, the registrar and the applicable laws. For more information about the ICANN terms and the terms of the Registrars which Logo Design Consultant™ selects, please read:
ENOM domain registration agreement and ID protect agreement
By registering, maintaining or renewing a domain name, You guarantee that all of the following requirements are met:
You are solely responsible for investigating and determining whether the registration of Your domain name infringes or violates the rights of any third party.
Each domain ordered by You is registered on Your behalf and Your personal details are used for its registration, except for the contact email. Logo Design Consultant™ will register each domain name with a default Logo Design Consultant™’s email address to protect You from receiving unwanted email messages. You understand and agree that unless You change this email You may be unable to receive notifications related to Your domain sent by the domain registration authorities. You can change the Domain administrative email and manage Your registered domain name through the Customer Area. You can transfer the domain name registered by Logo Design Consultant™ to another domain name registrar at any time.
You shall be solely liable for making any changes in the DNS settings of any domain name in Your account and any consequences following thereof. If You have asked a Logo Design Consultant™ representative to change the DNS settings of a domain name on Your behalf, Logo Design Consultant™ shall be indemnified of any liability for such actions and any consequences that might follow thereof.
You agree that in the event that any hosting or service fees, associated with a domain name are reversed, refunded or claimed back by filing a chargeback, the said domain name becomes property of Logo Design Consultant™ and You lose any rights over it or any services associated with it. Logo Design Consultant™ may re-gain property of the domain name in question if all of the following conditions are met:
Logo Design Consultant™ shall not be liable in the event that during the time period needed for You to fulfill the requirements described above the domain name has either been deleted, has expired or entered Redemption period.
Logo Design Consultant™ shall not be liable for the registration, maintenance or management of any domain name, until it has been successfully registered from Logo Design Consultant™ on Your behalf and appeared as such in the corresponding Customer Area. You acknowledge that the non-registered domain names are available for registration to the general public and Logo Design Consultant™ shall not be responsible for and cannot guarantee that any domain name of Your choice will not be already taken and will not be available for registration.
Free Domain Names Registration and renewal:
The registration and the renewal of Your domain name will be included in the renewal fees for the Hosting account and will not be subject to additional fees only if the domain name meets all of the conditions below:
Technical Support: Logo Design Consultant™ provides Technical Support to You at no additional fee only for hosting related issues. Logo Design Consultant™ has the right to decide what a hosting related issue and to charge additional fees or refuse support for non-hosting related issues. Any fees paid by You for providing non-hosting related support are non-refundable. You are solely liable for performing and storing a back-up copy of his data, files and hosting account prior to requesting technical support and agreeing to any technical interference or operation, provided by Logo Design Consultant™. In the event you are not satisfied with the outcome of any technical action You shall be solely responsible for restoring the back-up copies of Your hosting account and uploading Your website.
You should not abuse our contact us system. Abuse of such system includes, but is not limited to, excessive number of queries opened by a single Customer, aggressive and/or harassing behavior, repetitive use of inappropriate categories for posting a ticket, etc. Any abuse of the contact us system may result in warning, and can access restrictions, hosting account suspension or possible hosting account termination with no refund. Logo Design Consultant™ has the sole right to decide what constitutes abuse of the contact us system.
Under no circumstances, including negligence, shall any Logo Design Consultant™Person be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by you, any of your customers or any other third party, whether in an action in contract or tort or strict liability or other legal theory, even if Logo Design Consultant™ has been advised of the possibility of such damages. No Logo Design Consultant™ Person shall be liable to you, any of your customers or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, termination of the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, bots, worms, defects, delays in operations, denial of service attack, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to your records, programs, equipment or services.
Notwithstanding anything to the contrary in this agreement, Logo Design Consultant™'s™ maximum liability under this agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual dollar amount paid by you for the Services which gave rise to such damages, losses and causes of actions during the twelve (12) month period prior to the date the damage or loss occurred or the cause of action arose.
You understand, acknowledge and agree that if Logo Design Consultant™ takes any corrective action under this agreement because of an action of you or one of your customers, that corrective action may adversely affect other customers of yours and you agree that Logo Design Consultant™ shall have no liability to you, any of your customers due to such corrective action by Logo Design Consultant™.
You agree that any notice sent to you by Logo Design Consultant™ shall be considered as delivered to the information that is provided by you.
Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.
In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
Logo Design Consultant™ shall not be liable for failure or delay in performing it obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services