Terms & Conditions
Welcome to OktaLogo Designs. You agree to be legally bound by these Terms and Conditions of Use (the "Terms and Conditions"), including such terms and conditions included by reference, by signing up with us and becoming a client. Please carefully read these Terms & Conditions. You may not use our services if you do not agree to these Terms and Conditions. OktaLogo Designs has the right to change these Terms and Conditions at any time by modifying this posting. You should revisit this page on a regular basis to check the Terms & Conditions. All services provided by and related to OktaLogo Designs, as well as all text, images, photographs, user interface, "look" and "feel", data, and other content included at OktaLogo Designs from time to time (including, without limitation, the selection, coordination, and arrangement of such content), are referred to as the "Website" and/or "Service" in these Terms and Conditions.
You acknowledge and agree that OktaLogo Designs reserves the right (but not the obligation) to pre-screen, refuse, or remove any project and/or user-provided content that violates these Terms and Conditions or is otherwise objectionable, including, without limitation, projects or content that is illegal, obscene, indecent, defamatory, incites religious, racial, or ethnic hatred, or violates the rights of others. Any activity brought to our attention that looks to us to be a violation of the law will be reported to the appropriate authorities.
You acknowledge, consent, and agree that OktaLogo Designs may access, preserve, and disclose your account information and content if required to do so by law or in the good faith belief that such access, preservation, or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your customer service requests; or (e) protect the rights, property, or personal safety of OktaLogo Designs, its users and the public.
OktaLogo Designsmaintains the right, without notice, to alter, amend, update, and replace these Terms and Conditions at any moment. You are responsible for reviewing these Terms and Conditions on a regular basis. You understand and agree that OktaLogo Designs will not be responsible to you or any other party if these Terms and Conditions are modified, amended, suspended, discontinued, or otherwise changed.
(a) The OktaLogo Designs Service is an online offering through which individuals or entities that have signed up as clients with OktaLogo Designs (each, a "Client") can post specific assignments and project descriptions, including illustrative samples or other media (each, a "Creative Brief"), revise those Creative Briefs (each, a "Revision Brief"), and obtain responses (each, a "Response") to those Creative or Revision Briefs from design ("Members"). OktaLogo Designs will supply you, the Client, with the Service based on the Package you have selected. Your Responses will be developed iteratively through a drafting cycle of Creative Briefs, Revision Briefs, and Responses, culminating in a final Response that adheres to your different Creative and Revision Briefs.
(b) You are exclusively responsible for writing and submitting thorough descriptions of each of your Creative Briefs on the Web Site, including providing examples of your Creative Brief and any relevant deadlines. A term sheet (a "Term Sheet") will be prepared for each Response to a Creative Brief that you want to receive, containing and subject to the terms and conditions you have defined for the Creative or Revision Brief. OktaLogo Designs has no responsibility for reviewing a Creative or Revision Brief or Term Sheet for any reason, including correctness, completeness of information, quality, or clarity. OktaLogo Designs reserves the right to refuse a Creative or Revision Brief or Term Sheet at its sole discretion.
(c) When OktaLogo Designs sends you a response, you are responsible for examining it. You shall be presumed to have accepted the Response if you do not quickly notify OktaLogo Designs that it is not reasonably responsive to the relevant Term Sheet or Creative Brief. If you tell OktaLogo Designs that you believe a response is not fairly responsive to the relevant Creative Brief, you must subsequently submit to the Web Site a Revision Brief providing information on amendments or changes to the first Response. After you supply OktaLogo Designs with a Revision Brief, OktaLogo Designs will send you a response that meets the extra criteria you specified. OktaLogo Designs is not responsible for the content of Responses made to correspond to your Creative or Revision Briefs.
(d) Cycles of Revision typically include 2-6 additional compositions that include the modifications requested in the Revision Brief. The goal of the revision process is to generate Responses that advance your project ahead in the direction you've chosen. You may request major adjustments in the first and second cycles, and the responses generated may differ significantly from the initial composition you choose. Your requests for the third revision should only be adjustments to the present composition.
2. Eligibility, Access, Use, and Service Requirements
(b) Use Authorization; Permitted Uses You may only access and use the Service in accordance with these Terms and Conditions, as well as any established rules and procedures on the Web Site. Only as a client can you submit Creative Briefs and receive Responses. You use the Web Site entirely at your own risk and responsibility. Subject to these Terms and Conditions, you may I display the Web Site on an Internet access device, and (ii) print copies of insignificant portions of the Web Site on an occasional, infrequent, and ad hoc basis, and only in circumstances that constitute "fair use" under United States copyright law.
(c) Restricted Uses. You may not display or print the Web Site unless specifically authorized in these Terms and Conditions, and you may not broadcast, circulate, distribute, download, perform, publish, rent, reproduce, sell, store, transmit, or make ornamental works from the Web Site. Furthermore, you undertake to abide by all relevant laws (including, without limitation, any applicable export restrictions) in connection with your use of the Service, as well as any other limits or prohibitions imposed by the Web Site. Without limiting the above, you undertake not to transmit, distribute, publish, communicate, or store information or other material on, to, or via the Web Site that is not accurate, complete, or current. Without limiting the foregoing, you agree not to transmit, distribute, post, communicate, or store information or other material on, to, or through the Website that is copyrighted unless you own the copyright; (ii) reveal trade secrets, unless you own them; or (iii) infringes on others' proprietary or intellectual property rights, privacy or publicity rights, or any statutory right. (iv) is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any other person or entity; (v) is sexually explicit; (vi) contains advertisements or solicitations of business, chain letters, or pyramid schemes; or (vii) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or disrupt any other person or entity; or (vii) includes viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines designed to harm, disrupt, intercept, or expropriate any system, data, or information. You also agree not to (a) use any incomplete, false, or inaccurate biographical information or other information when registering as a client; (b) delete or revise any material or other information of any other user of OktaLogo Designs; (c) take any action that imposes an unreasonable or disproportionately large load on the Web Site's infrastructure; or (d) use any device, software, or routine to interfere or attempt to interfere with the proper operation or (e) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Web Site other than the search engine and search agents available from OktaLogo Designs on the Web Site and generally available third-party web browsers (e.g., Microsoft Internet Explorer and Netscape Navigator); or (f) attempt to decipher, decompile, disassemble, or reverse engineer.
(d) Website safety. You are prohibited from violating or attempting to violate the Web Site's security, which includes, but is not limited to, (i) accessing data not intended for you or logging into a server or account that you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; and (iii) attempting to interfere with service to any user, host, or network or (v) forging any TCP/IP packet header or portion of a TCP/IP packet header in any email or posting created in connection with the Service. System or network security violations may result in legal or criminal responsibility. OktaLogo Designs will investigate possible violations and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations. OktaLogo Designs maintains the right, in its sole discretion, to examine postings on the Web Site, delete any postings, and cancel your ability to communicate with or post to the Web Site at any time without notice. OktaLogo Designs will use commercially reasonable efforts not to disclose any information you communicate with or post to the Web Site but reserves the right to disclose such information to satisfy any applicable law, regulation, legal process, or governmental request, as well as the right to edit, refuse to post, or remove any information or materials, in whole or in part.
(e) Website operation. OktaLogo Designs is not liable for any delays or disruptions, mistakes, or omissions on the website. OktaLogo Designs maintains the right but is not obligated, to rectify any such delays, disruptions, mistakes, or omissions. Despite the fact that OktaLogo Designs intends to use commercially reasonable efforts to make the Web Site and Service accessible, OktaLogo Designs makes no promise, warranty, or covenant that the Web Site or Service will be available at all times or at any time. Various factors, such as telecommunications and/or server issues, might prohibit or postpone availability. OktaLogo Designs is not liable for any loss, expense, damage, or responsibility resulting from any of the events, acts, or inactions indicated in this paragraph.
3. Policy on Refunds, Cancellations, and Taxes
In any case, any funds deposited for a project are not refundable after delivery if the initial design concepts are approved or a change is requested unless OktaLogo Designs cancels or terminates your Contract for a reason other than your breach or non-performance.
If you make a request when the initial logo designs are presented, OktaLogo Designs will refund your money. However, once you approve or request changes to the initial designs, the refund offer is null and void, and no refund requests will be considered. The refund policy for multiple / combination packages will be the same as it is for single products. For example, if you buy a logo and web design service and accept the logo, you can request a refund for the website service only during the first design phase. A minimum Administration Fee applies to all returns. A good cause for requesting a refund must be validated against the design brief and client input for updates. A refund will not be issued until an idea is not developed according to the brief; nonetheless, additional changes will be supplied until perfect satisfaction is achieved. The money-back promise is contingent on the order being placed in good faith. We do not consider it good faith when a customer places design orders with more than one design firm for the same task with the objective of claiming a refund. We reserve the right to refuse a refund request in such a circumstance. Almost all design tasks require client feedback before finishing the design, thus it is only reasonable that the customer participates and offers feedback if the intended outcomes are to be obtained. If our designed logo is determined to be significantly similar to another logo design that may already exist, you are entitled to a re-draw. Any resemblance to an existing design is purely coincidental, and OktaLogo Designs will assume no liability or compensation claim in such a circumstance. It is the client's obligation to obtain a copyright for their artwork.
An order can be canceled 24 hours before the delivery date for a fee of 15% of the invoice amount. If you cancel your purchase within 24 hours of the delivery date, you will be charged 25% of the invoice amount as a cancellation fee. Cancellation requests can be sent through email to OktaLogo Designs.support@oktalogodesigns
If a consumer does not respond within 60 days of our notification, their account will be considered closed. An admin fee of $100 will be charged to reactivate an account.
Our bank merchant services process Visa, Mastercard, and American Express payments. To ensure optimum security and compliance, OktaLogo Designs does not save customer card information on its systems. Card information is maintained with merchant services for future payments when recurring billing is necessary. We also accept personal/business checks and bank transfers. PayPal handles PayPal and Discover Card payments.
All prices on this website are exclusive of any and all applicable taxes.
4. Important Information
How do I know whether I'm eligible for a refund?
If you receive your first design thoughts for your design package and they do not match your brief, you may request a refund. See the table below to see how these activities influence your eligibility for a refund:
|Money Back Status
|None of the early examples correspond in any way to the customer brief.
|Within 24 hours following the original delivery, the customer may request a refund.
|When a customer requests modifications and provides feedback
|The Money Back Guarantee is no longer valid. The 100% Satisfaction Guarantee is now in effect.
|Take no action for the next 60 days.
|Money-back guarantee offer becomes null and void, however, OktaLogo Designs will examine and uphold the offer at its discretion.
How long does it to take to claim a refund?
It can take upto 21 business days to refund your amount. Our refund policy is detailed in Terms & Conditions of business.
Does the money back guarantee apply to all packages?
Money Back Guarantee applies to design packages only. Once you approve a design and ask for further revisions then the Money Back Guarantee becomes void. However you still qualify for 100% satisfaction guarantee which means that we will keep on working on your design until you are satisfied.
Why do OktaLogo Designs provide Money Back Guarantee?
We are so confident of our skills and design quality that we provide Money Back Gurantee in case we fail to deliver. Money Back Guarantee is provided in good faith and we expect our customers to exhibit the same. In majority of the cases customer are very honest, co-operative and provide quality feedback in order to get the designs they want. However there is a minority that tries to take unfair advantage of this flexibility. They will place orders with many providers at the same time, get the design concepts from all and then ask for the money back. This practice is unfair, unethical and abusive of human skills. Apologies, but if you are one of those we would rather not have your business.
Design work is very subjective. Unless customer provides quality feedback, it is unlikely to get the designs right in the first attempt. OktaLogo Designs is a custom design company that strongly believes in customer feedback and their involvement in the design process. In our experience, initial samples are rarely chosen as the final logo; instead they are used to bounce ideas. From the feedback provided on these samples we see details about the likes and dislikes of the customer and then provide revisions that are closer to the requirements. Money Back Guarantee cover the customers if we fail to deliver what they wanted.
Money Back Guarantee does not apply on:
- Content Writing
- Seo Services
- Marketing Support Services
- Telephone Services
Money Back Guarantee does not apply to design agencies, design studios and for those who are working on their client's projects.
Note: Please note that customers claiming a refund will not be allowed to use the initial design concepts sent to them. Copy Rights of all designs remain the property of OktaLogo Designs until fully paid.
5. Ownership; Rights to Use
(a) Web Site and Service Generally. Except as expressly contemplated under these Terms and Conditions, as between OktaLogo Designs and you, OktaLogo Designs will own all right, title and interest in and to all copyright, trademark, service mark, patent, trade secret or other intellectual property and proprietary rights in and to the Web Site and Service, in all media now known or later devised, to the fullest extent provided under international law. You shall not remove, conceal or alter any copyright notice, byline information, disclaimer, restriction or other notice on the Web Site or any portion thereof. You shall not use or permit any third party to use the name, trademarks, trade names, or trade dress of OktaLogo Designs, including "OktaLogo Designs", without the prior written consent of OktaLogo Designs, as determined in its sole discretion, for each such use.
(b) Creative and Response Briefs. Upon submission of a Creative or Response Brief or any other information or media provided by you in connection with your use of the Service (collectively, the "Client Information"), OktaLogo Designs and its agents shall have all rights and licenses necessary to use such Client Information for the purpose of obtaining Responses and for archival purposes. Each Member to whom your project is made available has the right to review and display the relevant Term Sheet for purposes of preparing a Response.
(c) Rights of OktaLogo Designs. Upon your submission of Client Information to the Service, you grant OktaLogo Designs and its agents (including ITSec Limited) a royalty-free, perpetual, irrevocable, sublicense able, exclusive, worldwide right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (in whole or in part), and/or incorporate in other works, in any form, media, or technology now known or later developed, such Client Information, for the full term of any intellectual property rights that may exist in such Client Information to the extent necessary to provide you with the Service and Responses.
(d) Rights of Clients. Subject to your compliance with these Terms and Conditions, you shall own the final the Response composition provided to you by OktaLogo Designs (the "Final Product"). You shall not, however, own any materials, media or other content generated during any revision cycles leading up to the Final Product, and OktaLogo Designs expressly reserves all right, title and interest in and to the same. You acknowledge and hereby grant to OktaLogo Designs a royalty-free, irrevocable exclusive worldwide right to use Creative and Revision Briefs, individual Responses provided to you, and Final Product for internal and archival purposes, and in order to display and promote the OktaLogo Designs service. OktaLogo Designs retains the rights to all artwork concepts and other content not selected by you. You acknowledge that your ownership rights under these Terms and Conditions are limited to the Final Product, and that no trademarks or service marks in or to any Final Product are being conveyed under these Terms and Conditions. You hereby acknowledge that OktaLogo Designs shall have no obligation or duty to perform trademark, service mark or copyright searches or inquiries, or the like, in order to validate the propriety or legality of the Final Product. Accordingly, you are encouraged to perform your own independent searches with regard to the Final Product. Furthermore, you acknowledge that OktaLogo Designs 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 or copyright registration) for the Final Product, nor shall OktaLogo Designs be responsible for otherwise assisting you in any way in your attempt to perfect your rights in or to the Final Product.
(e) OktaLogo Designs holds the right to charge your account for $10 pertening to the release of the final files upon order closure.
6. Nondisclosure and Privacy
7. Disclaimers; Indemnification; Limitations of Liability
(a) Responsibility for Content. OktaLogo Designs shall not be responsible for any use that is or is not made of the Web Site or the Service. Without limiting the foregoing, OktaLogo Designs makes no representations, warranties or covenants regarding, and does not guarantee, the truthfulness, accuracy, or reliability of any information or other material (including, without limitation, any Creative Brief, Term Sheets, Responses or User Identity) that are communicated through, or posted to, the Service, whether by Members, Clients, OktaLogo Designs or otherwise, nor does OktaLogo Designs endorse any opinions expressed by any user of the Web Site, including any Member or Client. Without limiting the foregoing, OktaLogo Designs makes no representations, warranties or covenants regarding the validity of the rights to Responses granted pursuant to these Terms and Conditions. You acknowledge that any reliance on information or other material, including, without limitation, any information related to a particular Package or your project, Term Sheet, Response or User Identity, communicated through the Service, or posted to the Web Site, will be at your own risk. Without limiting the foregoing, you agree and acknowledge that you use each Response at your own risk and that you are responsible for taking any actions you deem reasonable to determine whether your use of a Response will infringe any statutory or third-party intellectual property, privacy or publicity rights.
(b) Links to Third-Party Services. The Web Site may contain links to third-party web sites or other services (the "Linked Content"). The Linked Content is not under the control of OktaLogo Designs and OktaLogo Designs is not responsible for the Linked Content, including, without limitation, links contained in the Linked Content, or any changes or updates to Linked Content. OktaLogo Designs is providing Linked Content to you only as a convenience, and the inclusion of such Linked Content is not an endorsement by OktaLogo Designs of such Linked Content. If you decide to access any Linked Content, you do so at your own risk.
(c) Disclaimer of Warranties. THE SERVICE AND THE RESPONSES ARE PROVIDED "AS IS." OktaLogo Designs MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE WEB SITE, INCLUDING ANY PART THEREOF, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE WEB SITE, INCLUDING ANY TERM SHEET, RESPONSE, USER IDENTITY OR LINKED CONTENT. OktaLogo Designs DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OktaLogo Designs DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE WEB SITE, OR ANY PART THEREOF; (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE WEB SITE; AND (v) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NON-PERFORMANCE, OR OTHER ACTS OR OMISSIONS BY OktaLogo Designs OR ANY THIRD PARTY. FURTHERMORE, THERE IS NO WARRANTY THAT THE WEB SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
(d) Release from Claims. The Service serves solely as a venue for the creation of work and OktaLogo Designs does not regularly screen or censor any information or material posted to the Web Site. Although OktaLogo Designs makes commercially reasonable efforts to determine the identity of Clients, OktaLogo Designs cannot and does not confirm that any Client or other user is who they claim to be or that any Client or other user has the qualifications he or she claims to have. Because OktaLogo Designs does not and cannot be involved in user-to-user dealings or control the behavior of participants on the Web Site, if you have a dispute with one or more users, you hereby release OktaLogo Designs (and our affiliates, agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
(e) Indemnification. You hereby agree to defend, indemnify and hold harmless OktaLogo Designs and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from any action, claim, demand, or liability arising from or relating to your violation of any of these Terms and Conditions or use of the Web Site, and any expenses incurred in connection therewith, including, without limitation, reasonable attorneys' fees.
(f) Limitation of Damages. IN NO EVENT SHALL THE COMPANY OR ANY THIRD PARTY BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE WEB SITE, INCLUDING ANY PART THEREOF, OR THESE TERMS AND CONDITIONS OR ANY OTHER CONSENT (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) EVEN IF OktaLogo Designs OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. OktaLogo Designs TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE TOTAL AMOUNT YOU PAID TO OktaLogo Designs FOR YOUR PACKAGE UNDER THESE TERMS AND CONDITIONS. THIS AGREEMENT AND ALL MATTERS ARISING FROM IT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF United States.