Terms & Conditions
I have read and agree to the following Customer Terms and
Conditions:
Definition
In this contract, "customer" shall mean the person who completes
and signs this contract. No other person is authorized to discuss
the customer's account with Phoenix by Design, or request changes to
the account, unless Phoenix by Design has received written
authorization from the customer for this additional person to have
account access.
Project Development Process
Once we receive the following items, we will begin work on your
logo:
Phoenix by Design Logo or Banner Terms Contract Form Signed (paper copy or via www.phoenixbydesign.com/logoterms.html)
Full non-refundable payment
All information needed for the project (such as company, text, and images)
We will create the logo or banner according to the written proposal we
gave you (if applicable) or our advertised package chosen by the
customer (if applicable).
When we have finished, the customer will review the logo
or banner draft
and provide, in one single written or emailed document, a list of
any changes to be made to the draft. The customer shall provide this
list within 10 business days after Phoenix by Design sends the
preview link to the customer. Phoenix by Design will implement the
changes on this list within 3-5 business days of receiving the list.
If the customer provided no list of changes during the
10-business-day preview period Phoenix by Design will consider there
are no changes to be made and final logo design will be sent to
customer.
Phoenix by Design, hereby gives you the right to use your new logo design
in all media useful for your business promotion. We ask that you let us
display your new Logo or Banner Image and your full name, business name, and website
address or company address, for testimonial and promotional purposes.
I understand that I have no right to alter the Final Logo
or Banner Design in
anyway except to change its size for printing or digital display. If I
desire any alterations I will consult Phoenix by Design first, and they will
be allowed the first option to make alterations when possible and I do
understand that they will require additional payment to make these
alterations.
I understand that it is up to me to do a Trademark search and federal
trademark registration if I want to register my Logo as my company
Trademark. (Start here to learn more about Trademarks:
http://www.uspto.gov/main/trademarks.htm
I agree to give Phoenix by Design more time if there is a delayed because
of events beyond there control, like: fire, theft, computer failure, and
Acts of God.
I have the right to terminate this Agreement if, Phoenix by Design fails
to complete the Logo within 60 days of the signing of this agreement or if,
illness or injury, or events beyond there control causes a delay of more
than 60 days from the agreed delivery date.
If terminated, Phoenix by Design shall return to me one half the logo fee
(the other half helps pay for the many hours they put into researching and
designing the logo samples). I understand that I cannot claim any additional
expenses, damages, or claims based on the failure of Phoenix by Design to
complete the logo and that this agreement is automatically terminated on the
death of said owner Debra Hayden.
Any feature or specification not expressly included in a written
proposal or package by Phoenix by Design is not included in the price
quoted. If the customer requests such a feature or specification to
be added to their project, this will be at additional cost to the
customer.
The customer may upload the project to the host server of their
choice. Phoenix by Design is not responsible for the functionality,
reliability, features of, or damage caused by, any server other than
Phoenix by Design' own host servers.
Phoenix by Design creates new projects as "work for hire" for our
customers. Therefore, the customer shall own exclusively all
elements of all materials, products, and modifications newly
developed or prepared by Phoenix by Design for that project as
"works made for hire" under United States Copyright Law.
If a payment is bounced, refused, canceled or charged back for
any reason, a $25 charge will be added to your account.
Phoenix by Design reserves the right to amend these policies at
any time. Such updates will be available at www.phoenixbydesign.com
Validity
In accordance with the Electronic Signatures
in Global and International Commerce Act of 2000, electronic contracts and
signatures are as valid as paper contracts in all states, regardless of
where the parties live or where the contract is executed. You have the right
to request a paper New Customer Registration sheet and Policies and
Procedures sheet from us. Regardless of whether you make such a request,
your electronic signature on this registration form shall remain legally
valid and binding.
Sign & Submit
On behalf of my organization, I approve
the above Phoenix by Design Logo or Banner Terms Contract and I authorize
Phoenix by Design to use this plan as the basis for developing my logo or
banner. I
understand that I must own the copyright to or have permission to publish
any pictures I provide Phoenix by Design. I have received a copy of Phoenix
by Design Services and Rates.
Logo or Banner Terms and Conditions