Terms & Conditions
Effective Date: 27th December 2024
1. Introduction
This Terms of Use Agreement (the “Agreement”) constitutes a legally binding agreement by and between Logomark (“Logomark,” “we,” “us,” or “our”) and the client (“Client” or “you”) with regard to your access and use of Logomark’s website: www.logomark.co (the “Website”) and any related services provided by Logomark. By accessing or using our services, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, you must discontinue use immediately.
2. Intellectual Property Rights
Unless otherwise indicated, the Website is the property of Logomark and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by Logomark or licensed to us and are protected by copyright and trademark laws. The Content and Marks are provided “as is” for your information and personal use only. No part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.
3. Ownership of Materials
a. Client Ownership
Upon receipt of full payment, the Client shall own the final deliverables, including logo designs and any other design assets provided as part of the selected package. This ownership grants the Client full rights to use the deliverables for business purposes.
b. Logomark’s Use
Logomark retains the right to showcase the work in our portfolio, on our website, and in promotional materials unless otherwise agreed upon in writing by the Client. This does not affect the Client’s ownership of the deliverables.
c. Licensing
While the Client owns the final deliverables, they are granted a non-exclusive, irrevocable, and worldwide license to use the design materials for business purposes. The Client may not sublicense, resell, or transfer these rights to a third party without written consent. If the Client is interested in purchasing full ownership of their branding materials, Logomark can provide details upon request.
4. Services
Logomark offers the following services:
- Quick Logo Package: Tailored logo design delivered swiftly, ideal for businesses seeking a cost-effective solution.
- Visual Identity Package: Comprehensive branding, including logo design, brand guidelines, and additional assets to establish your brand identity.
- Design On-Demand Subscription: A flexible monthly subscription for ongoing branding and design needs.
Our services are limited to logo and branding design and do not include website development or other unrelated services.
5. Engagement and Payment
a. Service Engagement
Clients may review our packages on the Website and proceed to book their desired service. Full payment is required before the commencement of any service. Upon receipt of payment and completion of the onboarding process, Logomark will begin the project.
b. Payment Terms
All payments are securely processed using Stripe to ensure your sensitive data is handled with the utmost security. Clients are responsible for providing accurate payment information and ensuring timely payment to avoid delays in service delivery.
6. Refunds, Termination, and Cancellations
a. 5-Day Money-Back Guarantee:
Clients are entitled to a 5-day money-back guarantee for Visual Identity and Design On-Demand plans, starting from the commencement of the service. If the Client is dissatisfied, they may request a full refund within this period. The guarantee is applicable once per client and does not reset with additional purchases or subscriptions.
b. Subscription Cancellations:
Clients may cancel their Design On-Demand Subscription at any time. If canceled after the 5-day money-back period, no refunds will be provided, but the Client may continue using the service until the end of the subscription period. Subscriptions can also be paused for up to 3 months, after which they will be terminated due to inactivity.
c. Termination by Logomark:
Logomark reserves the right to suspend or terminate services at its sole discretion. In such cases, refunds may be provided based on the extent of work completed.
7. Revisions and Project Terms
a. Logo Package Revisions:
Clients purchasing the Quick Logo Package are entitled to one round of revisions. Additional revisions will incur charges agreed upon prior to commencement.
b. Visual Identity Package Revisions:
Clients purchasing the Visual Identity Package are entitled to two rounds of revisions. Further revisions may be subject to additional charges.
c. Design On-Demand Revisions:
Clients subscribed to the Design On-Demand service are entitled to unlimited revisions, with one project being worked on at a time.
8. Third-Party Services
Logomark uses third-party services, including Stripe for payment processing and Typeform for forms. By using our services, you consent to sharing your data with these third parties for the purpose of service delivery. However, Logomark is not responsible for the actions or policies of third-party providers.
9. User Representations
By using the Website and engaging with Logomark’s services, you represent and warrant that:
- You have the legal capacity to comply with these Terms;
- You will not use the Website for any illegal or unauthorized purpose;
- Your use of the Website will not violate any applicable laws or regulations.
10. Prohibited Activities
Prohibited activities include, but are not limited to:
- Unauthorized use of the Website;
- Circumventing security features;
- Interfering with the Website’s operations;
- Uploading malicious code or engaging in harmful activities.
11. User Data
You are solely responsible for the accuracy and security of the data you provide. Logomark will not be held liable for any loss or corruption of such data.
12. Electronic Communications and Signatures
By using the Website, you consent to electronic communications from us. You agree that these communications satisfy any legal requirement for written correspondence.
13. Disclaimer
The Website and services are provided “as is” and “as available.” Logomark disclaims all warranties, including implied warranties of merchantability and fitness for a particular purpose.
14. Indemnification
You agree to indemnify and hold Logomark harmless from any claims, damages, or expenses arising out of your use of the Website or breach of these Terms.
15. Termination
Logomark reserves the right to terminate your access to the Website and services at any time, for any reason. You may also terminate your subscription through your account settings.
16. Governing Law and Dispute Resolution
These Terms are governed by the laws of Australia. Disputes will be resolved amicably or, failing that, in the courts of New South Wales, Australia.
17. Miscellaneous
These Terms constitute the entire agreement between you and Logomark. If any provision is deemed unenforceable, the remaining provisions will remain in effect.
18. Contact Information
For questions or concerns, please contact us at:
Email: contact@logomark.co
Address: PO BOX 4069, EDGEWORTH NSW 2285, AUSTRALIA