1. Design Orders
In ordering the services of Logoland (Logoland.com.au) 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 the Logoland.com.au service. Logoland is a design firm as well as an Internet entity of which clients can view and order artwork to be produced for their company in a way that is easier for the designer and the client from the comfort of their own home or workplace. Logoland.com.au graphic designers communicate with clients through email or phone. Logoland Australia team members do not visit clients or meet with clients in person.
To be able to qualify for the use of services of Logoland the client must be 18 years and over, agree to these terms and conditions, and complete the Ordering process and sign a contract if applicable.
3. Fees Charged
Fees are charged on a Pre-Pay basis for projects under $5,000 (AUD). Once the design brief is submitted to Logoland Australia, all design fees are payable in advance for projects under $5,000 (AUD). Projects over $5,000 (AUD) can be paid in 2-3 installments on arrangement depending on the amount and project.
If a client requests a refund for a project they ordered and paid for but have not allowed us to commence the project due to circumstances from their part; e.g. they are writing content for their new website but have not contacted us in months. The client would be able to transfer amount paid to other services; e.g. exchanging the website service for logo design and/or other service.
If the project has not commenced because the client has the project on hold, depending on how much time has passed, additional charges may apply to commence due to our change of pricing. Our pricing goes up with time and we will need to calculate our rate based on the rate at the time. If the pricing goes down, a discount will not apply.
For invoiced orders, cancellations may apply if order is not paid for within 14 days. An unpaid order may be rejected, if an order is made a second time at any time by the same company.
Logoland can provide partial refunds if the client is not satisfied with what we have produced and the design does not follow the creative brief or instructions; an administration fee and/or service fees will apply. A partial refund only applies to projects in the early stages of design e.g. Revision 1 or 2. In most cases a revision 1 cancellation will only incur an administration fee but if the project has advanced to revision 2; a service fee plus administration fee applies. The client agrees to cooperate with our design team and make every effort to communicate successfully with our team and provide all the information required to design their artwork.
The client orders the services of Logoland.com.au. Logoland.com.au will design the first concepts for the client and email them. Project design shall not begin until full payment is received and project shall not be completed all design details have been received by Logoland including any images and content e.g. For websites. All prices of the packages are displayed in (AUD) Australian Dollars for design only. Printing is not included. After project is finalised, additional fees apply for modifying artwork.
4. Creative Brief and Communication
(Applicable to all design services) It is the client’s responsibility to send any creative briefs to Logoland Australia (text & images to be included and provide detailed descriptions. Logoland may decide in its own discretion to reject a creative brief if the project has not yet been paid for. It is required that a Logoland creative brief be submitted for a project to commence, payment is also required as mentioned on (3) Fees Charged, the Logoland creative brief is the service order.
The creative brief is the order form, The client must complete our creative brief to engage in our services. Upon ordering our services, there is a contact person nominated to communicate with Logoland throughout the process. It is recommended that the contact person is not changed after the process has commenced. If the client’s contact person is changed it is the client’s responsibility to introduce the new contact person into the project including design processes, service ordered and where the project is at.
The contact person shall cooperate and work jointly with our design team so that our team members are able to design and provide an effective service. We do not tolerate abusive phone calls, emails and uncooperative persons. If the person is non cooperative, abusive, arrogant, defaming our company or services or is not considering our advice and it is made impossible for our team to assist them with our services or complete the project for the client. Logoland can terminate the project without refund or agree depending on the situation on a partial refund for the services not already provided and terminate the project and have no further contact with the person/client. The Logoland team makes every effort to communicate efficiently and to provide clear to understand information, if the client/contact person still does not understand Logoland shall not be held responsible.
It is best that the client provides all the information required for the design of the project at the commencement of the project, not after the project has been commenced or if it is half way through. In certain occasions we may accept a change of requests mainly for the logo design projects but it depends on the situation, the project type and the stage that the project is in.
5. Revisions and Response Policy
(Applicable to all projects) In certain cases where the project does not include unlimited revisions; if a client has used all revisions available the client may be charged for extra revisions starting from $65.00 AUD per revision or if our team finds that the design is advancing towards completion our team may grant the client further revisions free of charge. Logoland.com.au reserves the right to deny the production of artwork on receiving feedback indicating that the client wants their logo similar to another existing logo, if the client insists Logoland will provide information regarding copyrights and the client shall be responsible thereafter.
Revisions consist of a number of times in which the artwork is sent to the client to review. Client agrees to provide timely responses to Logoland.com.au after receiving status notifications from Logoland.com.au. It is the client’s responsibility to maintain in contact with our design team during the design process. Client shall have a maximum of 60 days (including weekends) to respond to each set of samples sent to them for review. If after 60 days client fails to respond Logoland.com.au will assume the production/project complete; Logoland will close the project. At such time Logoland.com.au shall have no further obligation to the client. Logoland.com.au shall not be held responsible for the condition of the artwork in the event of such circumstance. If client responds after 60 days, a fee of a minimum of $100 (AUD) for logo design and other printable artwork applies and a minimum fee of $250 (AUD) for (existing) website projects will apply to have the project reopened other fees may apply depending on how much time has passed, taking into account the time that has passed and the any higher cost rates that may be applicable.
Unlimited logo design revisions are conditional and apply only to clients that are advancing well throughout their design projects, accept our advise and recommendations, have clear business goals and sense of direction and do not change the information provided on the logoland.com.au creative brief form during the design process, therefore contradicting their own requests. Unlimited revisions apply only if the client’s choices are narrowed down per revision therefore advancing to achieving an end result with one concept.
6. Logoland Offers/Specials
When Logoland has promotional discounts available; clients must follow the correct instructions and if applicable enter the code if requested and how it is requested. Logoland Australia will not provide any refunds to accommodate for discounts where they have not been applied due to customer error, Logoland Australia will not be held responsible for form errors. If applicable; Logoland Australia will only accept orders with discounts where the code has been entered and/or correct instructions have been followed. Logoland.com.au can in its own right begin and end special offers at any time.
7. Design Outcome
Although Logoland makes every effort possible to provide clients with effective design services Logoland may not be held responsible in any way for the loss of profit of a company. Logoland Australia is not responsible for the project once it has been finalised and released. Where clients provide their own ideas and are not open to our designer’s suggestions and recommendations, Logoland Australia will not be responsible for the end result of the design.
8. Production/Turnaround Time
Although Logoland aims at providing revisions at the due date or at an earlier time if possible. Logoland Australia specifies the time that it will take to finish the artwork in each of the packages included, if by any circumstance the process takes longer, in such circumstance client will be notified of the delay and will be given an approximated date in which the artwork will be finished. This can happen if Logoland Australia receives a large amount of orders. Logoland Australia gives initial design turnaround times for each package of logo design and web design; the full project time depends on the client’s response to revisions. Turnaround time is calculated from the day that Logoland sends the design confirmation to client after having received creative brief, full payment and any additional information or images.
9. Artwork Copyright
The copyright of all finalised artwork produced for our clients belongs to our client, Logoland does not maintain copyrights for the artwork, except of having designed the artwork and being able to show the artwork on our website portfolio and other trusted portfolio websites such as Pinterest, Logolounge website and their printed books and magazines if selected, The Loop, social media websites such as Facebook, Twitter etc.
Any material that is not finalised/provided as a final product to the client belongs to Logoland Australia, like unused concepts.
Logoland shall not be held responsible for artwork produced for a company that may not be registered and that there may be a legal issue due to the business name, therefore after the artwork has been produced Logoland Australia shall not have any other commitments towards the business/client.
10. Logoland Packages
Our online packages include logo design packages , logo design bundles packages, website design packages and complete packages. Our packages include a specific set price. Additional costs apply if client requests services that are not included in the package.
Please note with any of our services/packages offered if it does not mention a service, addition or item it is not included .
With website design packages as an example; our website design packages include a specific amount of pages and one contact form only, pages include images and text, if client requests an image gallery, tables within the content, any other graphics or icons to be designed additional costs will apply. With any of our website services including services not within our packages, if we provide a quote and the quoted amount is paid for we agree to provide the services requested and paid for. If the client requests or mentions additional services needed, additional cost will apply and it is the clients responsibility to request a quote.
11. Logoland Packages Discounts
Our packages discounts apply to the packages only, where the * appears next to the savings amount it means that conditions apply, discounts do not apply for custom quotes or any other services, no more discounts apply. The discounts will not apply to any other services or packages where the discount is not mentioned.
12. Logo Trademarks
Our team makes every effort possible to ensure that a client’s logo or website is unique when compared to our client’s competitor’s logo or website. Logoland Australia cannot guarantee that a logo that we design will be absolutely unique (e.g. in the World) Logoland guarantees that it will try to design a unique logo compared to the clients company industry (e.g. if a mechanic, automotive industry in Australia) not to all general logos. If a logo is similar to another logo in the industry it would be purely coincidental, our company designers plan and design unique logos from the beginning to the end.
Client information is used for design and communication purposes only and it is only provided to third parties for the purpose of providing you with our services. We collect information from you when you place an order to be able to provide you with our services and only share some information to be able to send you our newsletters, process payments etc. Logoland team members do not see your credit card or payment information. We take care with whom we share your details and only share the necessary information only with trustworthy sources.
When ordering on our website, as appropriate, you may be asked to enter your: name, e-mail address, mailing address or phone number and other details appropriate for our use. Any information we collect from you may be used to create a transaction, a purchase order, payment invoice or a quotation. If applicable we may send you periodic emails with information or offers that we may have, you will be able to unsubscribe freely at your discretion if you do not want to receive any emails with information or offers after you have received the first email, if applicable.
When ordering a website we will need to provide your name and email address to be able to register the theme and CMS under your name so that you can have access to support and documentation later.
14. Logoland Website
Logoland.com.au is in its own right to change, edit or add to these terms and conditions in its own discretion at anytime. a) Portfolio, Client’s artwork is used as samples in our portfolio, Logoland.com.au has the right to display artwork created by designers on our website, visual and any print advertising.
The Logoland Australia website, all written content and graphic images, including client artwork displayed on the website are copyright of Logoland Australia, Although Logoland Australia maintains copyrights to having designed the artwork only; full copyright belongs to the client. All content and graphic images shall not be copied in any manner, this is strictly prohibited. Any company that does not respect these terms will be in serious violation of global copyright laws. Logoland Australia takes copyright laws very seriously and constantly makes checks. If Logoland Australia finds copied content from our website, Logoland takes action with urgency.
Logoland will not be held responsible for server problems and breakdowns, but will endeavour to fix any problems with suppliers as soon as possible. Logoland web site rights. Logoland.com.au shall not be held responsible for delays on the web site or any other problems which the client may experience with the web site at anytime, although Logoland.com.au and its owners want to provide the best experience possible for visitors to our website, therefore we will try to fix any problems and/or barriers there may be. Logoland.com.au reserves the right to remove part or all of the web site and/or its content at anytime, which may be to edit and/or upgrade and transform all or part of the web site.
15. Website Design Services – IMPORTANT Logoland has stopped offering web design services from the 30th APRIL 2017. The following terms apply for websites ordered up to 30th APRIL 2017.
The websites created by Logoland are Premium WordPress themes customised to suit your brand and colours. The images, content and graphics will be replaced by our team and the layout can be very different depending on what our team recommend. Our team purchases a theme, we install the theme and then commence putting it together, then customise it. The features included and the responsiveness is as the theme includes, the team at Logoland will not edit the main theme coding to change responsiveness settings or other settings. Our team edit basic settings such as fonts, colours, text and graphic layout and can add plugins for galleries and other features if requested.
Our website design packages are suitable for standard websites. E.g. a home page with text, images, icons etc. Other pages and one enquiry form with approx 5-10 fields, simple image gallery, one image slideshow. Additional charge may apply for features that may be not included e.g. complex features such as non standard instagram or social media gallery or feed, non standard image features not included. Image features included are flipping, zooming, scrolling images, fading for other features please contact us.
Booking forms, online shop, calendar of events, logins may be services that can be provided at additional charge. We use WooCommerce for small to medium online shops, we setup the standard main pages with PayPal payment, other payment gateways and other complex systems not included. Products are unlimited but can be added manually, large scale XML product data from external servers not supported.
C. Website CMS (Content Management System)
Our website design services are provided with the intent of providing an online presence; Logoland Australia does not guarantee a Search Engine first page ranking or any high rankings. Although we aim at providing the best service possible and the best coding practises to ensure that our clients website has a fair chance within popular search engines we do not provide a guarantee as clients need to engage in or organise ongoing SEO practises that may enable their website to have more links and better rankings after the website has been completed.
B. Website SEO
C. Website CMS (Content Management System)
Logoland Australia includes a CMS (Content Management System) all websites the team creates. Although we made every effort possible to select an easy to use, simple CMS, there may be some clients that find the CMS not so easy to use. The CMS is easy to use for the average person with some technical skills. The functionality of the CMS cannot be guaranteed or backed up by Logoland Australia as the CMS is not part or has not been created by Logoland Australia. The CMS we use is owned by another company, in order for the client to be able to have access to licenses, documentation and support we must provide the owners of the CMS and WP theme with the client’s name and email. Our services do not include ongoing support on how to operate the CMS, the company that created the CMS may have further information in regards to how to use or how to troubleshoot issues on their forum and they include documentation with the CMS to help you understand more. The documentation, how it is presented or the accuracy of the information belongs to the third party company and has no relation to Logoland Australia.
The CMS is integrated to the uploaded website, the client can edit the content once the website is uploaded not during the design process, and only our designers/developers shall have access to the unfinished website. Once the website is released the client will be provided with the CMS login details if a CMS is applicable.
D. Website Images and Vectors
Logoland Australia acquires images from Stock Photo websites, the copyright of the images belongs to the owner of the images, the images are for use on the website only, usually one use only, all images have licensing restrictions and this information should be acquired by the client if they need it. Logoland Australia cannot provide images and vectors used on the website for other uses, if the vectors/graphic images were created by our team we may be able to provide them for other uses but a fee will apply. The vectors colours may need to be converted if the use is for CMYK/printing.
E. Website Turnaround Times and Release
The turnaround times stated on our website packages are applicable to our packages only. Any other website services not within our packages can take longer to complete, this depends on the complexity of the project.
Logoland provides website services that are dependant on how other services function, for example – We use premium WordPress themes with plugins, content editor and other features and the working website is uploaded to the client’s hosted server at a stage of the process, meaning that if any of those services fail then there can be delays that are out of our control.
The website is completed/finalised and released after the client has approved the website as completed. The client shall provide their hosting details when requested. The website hosting is acquired and organised by the client as with the domain name. Upon release our team ensures that the website is functioning as intended and that there are no errors, the enquiry form is setup/made to function, it is connected to the client’s nominated email address. Logoland Australia does not setup email accounts this should be done by the client or the client’s web host.
Once the website is released no new modifications will be made the website, once the website is approved and released the project is finalised. The client shall check the website thoroughly prior to approving the website. The client provide all written content in a format that can copy and paste, Logoland is not liable for spelling mistakes on written content as written content is provided by the client. Our team makes every effort to provide error free work of the highest quality avoiding such circumstances, if in case there is such a circumstance our team will analyse the website and project records to check if the error is new or happened during uploading or before.
If the error or modification required is new or due to modifications made by the client or someone else either with or without the use of the CMS (Content Management System, if applicable) charges will apply, if more than 3 business days have passed even if the error is due to something our team did, charges will apply.
Only our team can upload the website for you as this is the only way that the website can work and it is the only way that we can guarantee our work.
All website projects must not last more than 6 months from the time that they are started, if a website design project runs for longer than 6 months we will assume our work completed and will have no further obligation to the project.
Our team will try to notify the client prior to the 6 month date, but we will not be obligated to do so.
If a website project is not fully completed by our team and the client decides to assign the project to some one else, that person or company must not take credit for the work conducted by our team. They must NOT make reference to their business or website within our client’s website that we created.
Our team does not provide information, tutorials or overall support on how to use the theme, WordPress, the content editor and any plugins. We can only provide information such as links guiding the client where they can find support and information on how to use the products.
The links we provide include an abundant amount of information including document and video tutorials. Any bugs, errors and inconsistencies caused by the theme or plugins must be reported and/or fixed by the theme or plugin authors.
The websites come with 6 months support from the theme creators, this support can be extended for a small fee, we recommend that the client extends the support time at their own discretion.
16. Limitation of Liability
In respect to any services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such service(s) less any costs for work already performed and supplied. Logoland shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of its services or for the cost of procurement of substitute services. Upon approval the client takes full responsibility for the result of the artwork.
17. Modifications to This Page
Logoland reserves the right to revise the terms and conditions of this Agreement at any time. Any such revision will be binding and effective immediately upon posting of the revised Agreement on our web site. Your continued use of our site and our services constitutes agreement to any revision of the terms and conditions of this Agreement.
18. Governing Law
This Agreement shall be governed in all respects by the laws of Australia.