Logo Design Terms and conditions

Refunds

Logo design

If you are unhappy with the first draft logo concepts and think there is no way in which we can work together then we do offer a full refund. If you have proceed to make any revisions to the first draft logo concepts then refunds are strictly not issued beyond this stage. It is extremely rare that we have to issues refunds as our process is designed so that we fully understand your requirements before we begin any work. Only logo orders are eligable to refunds as per these terms, not any other design work.

Unlimited revisions

There are a few exceptions in which case we would not continue to make revisions or offer refunds:

  • Once you have approved the final design
  • If you have taken final delivery of the logo
  • If you have failed to communicate with us for more than 60 days, any further revisions will be at the discretion of Thomas Tilsley Website Design

Prices

Our site contains a large number of products and it is possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced. If the pricing error is obvious or unmistakeable and could have reasonably been recognised by you as an error, we do not have to provide the products to you at the incorrect (lower) price.

Post-approval revisions

Post-approval revisions can be made and charged for at a rate of £30 per hour

Any other bespoke design work will be charged at £40 per hour

Thomas Tilsley Website Design will provide you with a no obligation cost estimate for the work. Before works commences we require payment by PayPal.

The design process

We endeavour to turnaround first draft logo designs within the agreed timescale for the package purchased and we endeavour to turnaround all design revisions within 2 to 3 working days.

The website prices are based on volume business and therefore there may occasionally be small delays in the turnaround. Thomas Tilsley Website Design 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 us in the event that designs have not been received within the agreed timescales. We 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. Any phone calls or live messenger chats must be followed by an email clearly outlining the required changes. Design amends will only begin when this email has been received.

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 substantially from the original, and these changes are requested after you receive the initial designs. This includes but is not limited to: change of name, change of logo style and colour scheme, and/or requesting a complete new set of designs based on new feedback.

You request to finalise more than one design. We are happy to do this for you. We will charge £30 for each additional concept supplied to you in multiple formats.
No communication has been received for sixty days or more, unless previously agreed with your designer

Service response times

Turnaround times that are quoted on the website are normal target times only and Thomas Tilsley Website Design accepts no liability for failure to meet these times. We will try our best to meet the following response times:

Email response within 24 hours
Phone call response – within 4 hours, unless we are talking to others, then we’ll come back to you ASAP.

File supply and storage

We deliver the final logo files via e-mail in a zipped file within 2 working days of the final designs being approved in writing by the customer. Your artwork will then be stored on our servers for one month before we archive the files. We will happily provide replacement files in the first month at no charge.

Logos are supplied in .JPEG,.GIF, .PNG, file formats.
We supply print ready PDF files for stationery, flyers and any other design materials. We do not provide the source files.
After the files have been archived we will charge an administration fee of £30 to be paid over the phone to retrieve the files.
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.

Payment

Secure payment

Payment can be made via the website either by PayPal or Direct Bank transfer. All payments must be made in full prior to work commencing.

Your order

We store details of your order in our database and we send you a copy of your order by receipt following payment. It is not accessible by you via an online account. You can find our Terms and Conditions here at all times.

Data Protection

We make every effort to comply with the current law on data protection

Thomas Tilsley Website Design intends to use commercially reasonable efforts to follow our privacy policy and as such our privacy policy may be changed from time to time at our sole discretion. Any data gathered from you about you or your company will not be disclosed to any third party. We ensure that your critical data is always protected, no matter what your information may be. However, we are legally bound to reveal information, including personal information, if law enforces it. We do not assume any responsibility or liability for any information provided by you which may be disclosed by accident or by third parties’ illegal acts. We cannot assume any responsibility or liability for any information submitted to us via our online form, or for the use or misuse of any information submitted by you or any other person, including, without limitation, any information accessed by a hacker or by any other malicious act.

Ownership and Copyright

Subject to your compliance with the terms and conditions of this Agreement, you shall own the final design provided to you by Thomas Tilsley Website Design. You shall not, however, own any materials, media or other content generated during any revision cycles leading up to the final design, with such right, title and interest expressly reserved to Thomas Tilsley Website Design.

You acknowledge and hereby grant Thomas Tilsley Website Design the right to use initial logo concepts and revised logo concepts, as well as individual designs provided to you, for internal and filing purposes, and in order to display and promote the Thomas Tilsley Website Design service. You acknowledge that your right under this Agreement shall be limited solely to the final design chosen by you and that no trade or service marks in or to such final design is being conveyed under this Agreement.

You acknowledge that Thomas Tilsley Website Design shall have no obligation or duty to perform trade or service mark searches or inquiries, or the like, in order to validate the propriety or legality of the provided compositions.

Until final design is approved with Thomas Tilsley Website Design, all logos, artwork, concepts and designs remain the copyright and exclusive property of Thomas Tilsley Website Design. This material may not be reproduced in any other way without the prior written consent of Thomas Tilsley Website Design. We reserve the right to utilise and/or reproduce any image, logo or illustration created by Thomas Tilsley Website Design team, in advertising, electronic or traditional reproduction, with the addition of any copyright and/or trademark notice that may be requested by the owner of the work.

By placing an order with Thomas Tilsley Website Design, you agree and consent to these ownership and copyright conditions.

Accordingly, you are encouraged to perform your own independent searches with regard to the designs provided by Thomas Tilsley Website Design.

Furthermore, you acknowledge that Thomas Tilsley Website Design 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 registration) for the designs, nor shall Thomas Tilsley Website Design be responsible in otherwise assisting you in any way in your perfection of your rights in or to the designs.

Ownership (copyright and title) of the final artwork becomes your property, having unlimited, indefinite, and royalty-free use of the image upon payment of all fees and receipt of final files. Thomas Tilsley Website Design retains the rights to display the artwork in its portfolio and advertising materials.

Thomas Tilsley Website Design retains the Copyright to all concepts, comprehensives, or other preliminary materials, which are not selected by you or are not included into the final delivery.

Thomas Tilsley Website Design expects you to perform research on your company name to be sure the name is not already in use and securing a copyright, trademark or service mark to protect your legal rights to any name or image. Thomas Tilsley Website Design is not and will not be held responsible for any legal action that may result from improper due diligence on the availability of a company name or image.

Thomas Tilsley Website Design is not responsible for researching nor infringing any trademark violations that may or may not arise in our dealings with you and his/her agents. All trademark matters are your full responsibility.

Licensing the font used in the logo is your responsibility.

Our Liability

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 are liable for loss that we directly cause where that total liability does not exceed the total amount of the fees payable relating to the project in question. Otherwise 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 contra
  • loss due to corruption of data or information; or
  • any special, indirect, consequential or pure
  • economic loss, costs, damages, charges or 
  • expenses; 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 Property Right.

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 you 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.

Your Commitments

Eligibility requirements

You must be at least 18 years of age, and by completing our online form you agree to these Terms and Conditions and our website Privacy Policy. By asking for our services, you agree that you meet these eligibility requirements, that the information you include as part of the ordering process is complete and accurate and, if you are ordering services on behalf of a company, that you have the permission to do so. Thomas Tilsley Website Design may reserve the right to accept or reject your order in its sole discretion.

Your work

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 Thomas Tilsley Website Designs website. We 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.

Confidentiality

Your information

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 following:

  • 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

Our information

  1. 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.

Publicity

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.

Email

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

Ending our relationship

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.

Jurisdiction

These terms and our relationship will be governed by English Law. We each submit to the exclusive jurisdiction of the English courts.

Agreement

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.

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