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Terms & Conditions
By using the services of Aragon
Designs you agree to be legally bound by these “Terms and
Conditions.” Please read these terms carefully. If you do
not accept these Terms and Conditions stated here without modification,
you may not use our services. Aragon Designs may revise these Terms
and Conditions at any time by updating this posting.
Eligibility
Our services are available only to legal entities and individuals
who can form legally binding contracts under applicable law. Aragon
Designs reserves the right, in its sole discretion, to refuse or
terminate service to anyone.
Accurate
Information
You will provide true, accurate and complete information in the
registration, Order, feedback, and other forms and postings on this
Site and in connection with your Order. You will maintain and update
such information to maintain its truth, accuracy and completeness.
You must safeguard the password you use to access the secured file
area. You authorize Aragon Designs to assume that any person using
this site or the secured area provided with your password either
is you or is authorized to act for you.
Payments
If your payment is returned for insufficient funds, you will be
required to pay all bank fees and any collection and/or legal fees
required to collect the full amount. Payments returned for 'stop-payment'
or 'closed account' or credit card 'charge-back' will be considered
fraud, and you will be prosecuted to the fullest extent allowed
by law. The governing laws of the State of Florida, USA will apply,
in addition to United States Federal Law, United States Copyright
Laws and International Copyright Laws.
Ownership of Work
Upon Acceptance, you have all rights to the
final version of the Work subject only to the following conditions
and limitations:
- Your rights to the design/logo are conditioned
on Aragon Designs’ prompt receipt of payment.
- Aragon Designs retains the right to copy
and use the work solely, and in such quantities as are reasonably
necessary, as samples for advertising and promotion.
- Aragon Designs retains all rights to sketches,
comps, or other preliminary material. Final design/logo is transferred
to client once payment is received.
Materials
Provided by Client
Each computer monitor and printer is calibrated differently and
variations will normally occur from monitor to monitor and from
electronic to printed media. Aragon Designs does not guarantee “match-print”
or “match-product” color fidelity. Aragon Designs is
not responsible for proofreading materials you submit for spelling,
grammar, or any other errors. The final version of the design/logo
will be as it appears upon approval. You must ensure that all materials
are correct prior to final approval.
Change
Order Fees
The Designer reserves the right to submit a Change Order when the
client requests changes outside the scope of the original agreement
(as outlined in Package Details). These changes will be billed at
the Designer’s rate of $50/hour, with a minimum of 1 hour.
Website
Maintenance
Any edits to the site that are requested after the site is launched
are considered maintenance. Minor requests will be billed hourly
at the Designer’s rate of $50/hour, with a minimum of 1 hour.
Larger changes can be quoted as mini-projects if desired by the
client.
Electronic
Communications
Unless you otherwise indicate in writing to customer service, Aragon
Designs will communicate with you by e-mail or by posting communications
electronically in another secured location. You consent to receive
communications from us electronically and you agree that these electronic
communications satisfy any legal requirement that such communications
be in writing. You will be considered to have received a communication
when Aragon Designs sends it to the e-mail address you have provided
to us or when we posts such communication to the secured website.
You must keep your e-mail address updated.
By making a purchase from Aragon Designs you authorize us to contact
you via e-mail from time to time. We will send out e-mail with relevant
information and offers pertaining to our company and services. All
e-mail gives the client the option to "Opt Out" at anytime.
You may also "Opt In" at anytime. We will NEVER give,
sell, trade or in any way transfer your e-mail to any other party.
Orders,
Communications, and other Contents
You must not post or transmit any of the following on this website
or in connection with your design/logo:
- Orders that are fake, posted without the
intention to complete or accept the Work
- Orders related to bulk email/"SPAM"
including but not limited to bulk email hosting, scripts, programs,
proxies, lists, and relay servers
- Orders related to adult content or businesses
- Orders that contain prohibited content or
violate the Project Policy
- Adult or sexually explicit material or images
- Solicitation or offer to order or buy services
outside of Aragon Designs scope of offerings
- Software that: (i) is designed to disrupt,
disable, harm, or otherwise impede in any manner, including
aesthetic disruptions or distortions, the operation of this
Site or any other software, firmware, hardware, computer system
or network (sometimes referred to as “viruses” or
“worms”); (ii) would disable or impair this Site
or any other software, firmware, hardware, computer systems
or networks in any way where such disablement or impairment
is caused by the elapsing of a period of time, exceeding an
authorized number of copies, advancement to a particular date
or other numeral (sometimes referred to as “time bombs,”
“time locks” or “drop dead” devices);
(iii) would permit you or any other person to access this Site
or any other software, firmware, hardware, computer systems
or networks to cause such disablement or impairment or transmit
information (sometimes referred to as “traps,” “access
codes” or “trap door” devices or “spyware”);
or (iv) which contains any other similar harmful, malicious
or hidden procedures, routines or mechanisms which would cause
such programs to cease functioning or to damage or corrupt data,
storage media, programs, equipment or communications or otherwise
interfere with operations.
- Content that violates this or any other
policies stated on this webiste
Use of
Designs
Aragon Designs retains the right to display all draft and final
logo designs on our web site and in promotional material.
Refund
Policy
We guarantee your full satisfaction or we will refund half of your
package price.
ALL OF THE FOLLOWING CONDITIONS
MUST BE MET IN ORDER TO QUALIFY FOR A REFUND. ANY SPECIFIC ELEMENT
OF REQUESTS FOR REFUNDS FROM CLIENTS WHICH DO NOT MEET THE FOLLOWING
CRITERIA WILL DISQUALIFY THE REQUEST.
- The project must be less than (30) thirty
days in production from the date originally purchased.
- Refunds do not apply to projects that have
requested any changes and/or alterations to a chosen sample.
- Refunds do not apply if you have approved
an initial sample or the final logo design.
- Refunds do not apply to upgrades and/or
additional services provided and displayed to the client.
- Refunds do not apply to projects that include
custom quotations.
- Refunds do not apply if the company we are
designing a logo for closes, changes their name, or their activity.
- The designs and/or logos must not be or
must not have been used and/or transmitted and/or transposed
to any form of digital print/web/fax as the designs and/or ideas
and/or concepts remain exclusive intellectual and/or tangible
property of Aragon Designs once any refund is issued. All artwork
created and displayed remains intellectual and financial property
of Aragon Designs. Copying, using, or altering any original
artwork in any way is a legal infraction, and is protected by
international, Canadian and American copyright laws, subject
to legal litigation in your city, state or province and/or country.
PLEASE NOTE: In the case where
we do not hear back from a client for 30 calendar days during the
production stage, we reserve the right to close the account without
any notification and keep the payment provided. A service fee of
$75 USD will be applicable to re-open the account and continue work
on the project. In the event of a refund issue, artwork remains
the exclusive intellectual property and copyright of Aragon Designs
unless released in writing by Aragon Designs and the remaining balance
of design/logo billable amount is remitted.
Copyrights
and Trademarks
Your payment for design also includes the copyright of the design.
Due to the complexities of international copyright and trademark
law, Aragon Designs will not be held liable should the client be
found to be infringing on an already existing copyright, trademark
or service mark relating to the project name, description or service.
We create each original logo design but make no guarantee regarding
the availability of trade names or trademarks. By ordering a logo
design from Aragon Designs, the customer indemnifies us, its owners
and affiliated companies from legal responsibility regarding all
copyright, trade name and trademark issues. The client agrees to
take sole legal responsibility should the logo design infringe upon
existing intellectual property, trade names, copyrighted material
or trademarks of any kind.
No Liability
Aragon Designs will not be held liable for use of products and services
developed and delivered under any circumstances. If Aragon Designs
fails to perform the work satisfactorily or timely, your sole remedy
will be to cancel the order without liability for payment. Upon
cancellation you will cease using any sketches, artwork, illustrations
or concepts provided related to design/logo. You will not hold Aragon
Designs liable for any direct, incidental or consequential damages,
regardless of whether such failure was caused by their intentional
or negligent acts or omissions, and regardless whether you had notified
them of the likelihood of such damages.
When you place your order, you may request that Aragon Designs include
materials designated by you in the design/logo. You warrant and
represent that, to the best of your knowledge, you have the necessary
rights, permissions, and releases to use and grant rights to use
any materials included in the Work at your request. You will indemnify
and hold Aragon Designs harmless against any and all claims, costs,
and expenses, including attorney’s fees, due to materials
included in the design/logo at your request for which no copyright
permission or privacy release was requested or for which the requested
uses exceed the uses allowed pursuant to a permission or release.
In no event will Aragon Designs’ liability to you or any third
party arising out of the work or any use of this website exceed
the amount you paid for the design/logo in question.
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