TERMS OF SERVICE

BusinessProLogo will provide access to certain BusinessProLogo products, services and/or programs (collectively, hereinafter referred to as "Programs") subject to Client’s acceptance of and compliance with these Master Terms and Conditions (hereinafter referred to as "Terms and Conditions") and the terms and conditions of the Service Level Assurance Agreement ("Agreement") in which Client enrolled.

 

TERMS

The term of the Agreement will commence on the date Client enrolled in a Program and will end when terminated by either party in accordance with the terms of the Agreement.

 

DESCRIPTION OF SERVICE

The Services of BusinessProLogo include Logo Design, Logo Vectorization, Logo Repair and Logo Revision. BusinessProLogo may provide Client with one or more of the Services depending on the package that Client selects. The logo design process will be based on the information mentioned by the Client in the questionnaire. The Client will be solely responsible to provide detailed answer of the questionnaire and mention logo’s specification. The Client shall review and respond when after receiving the first draft of logo concepts. In case the Client failed to response the project will be regarded as approved. If the Client is not satisfied with the revision works he/she should provide BusinessProLogo with information regarding modification. Unless explicitly stated otherwise, any new feature that augments or enhances the services shall be considered to be part of the services.

 

ACCESS

To access the BusinessProLogo Programs, Client may be asked to provide certain registration details or other information. It is a condition of Client’s use of the Programs or access to the BusinessProLogo web sites that all the information Client provide on this site will be correct, current, and complete. If BusinessProLogo believes the information Client provides is not correct, current, or complete, BusinessProLogo has the right to refuse Client access to any BusinessProLogo Programs or any of its resources, and to terminate or suspend Client’s account at any time.

 

PAYMENT

The Client should make the payment in advance. The payment will be charged according to the package the Client has selected. We will send you an acknowledgement for the payment you have made. Client agrees to pay BusinessProLogo the service fee, for any Program or Service Client enrolls in, pursuant to the terms of the Payment Plan Client selected, including, without limitation, all applicable taxes, if any, in accordance with the billing terms in effect at the time the service fee becomes payable. Client expressly understands, acknowledges and hereby authorizes BusinessProLogo to automatically charge Client’s credit card or debit Client’s bank account once a month or one time as per the Program requirement.

 

Client will be charged as soon as they sign up over the phone. BusinessProLogo also reserves the right to pursue alternative means of payment up to and including debt collection services and customer shall be liable for all collection costs, including without limitation, attorneys’ fees.

 

PAYMENT COLLECTION POLICY

As BusinessProLogo provides a bill-through service for sponsored listings, the company takes a significant credit risk for each and every Client. Therefore, Client is responsible to maintain an active and valid payment method on file at all times. If for any reason, Client’s payment method is not available, BusinessProLogo reserves the right to immediately and temporarily turn off the web site, pay-per-click ads, sponsored listings and ongoing or then current production, reporting, or support Services being provided to account. If the payment is not received, BusinessProLogo reserves the right to terminate the Agreement in full and retain ownership of the web site, domain name, or other Services until such time the account has been paid in full. All Term Commitment Terminations will result in an escalation of all fees owed under the Terms of the Agreement. Many clients maintain multiple forms of payment on file to prevent this from occurring.

 

REFUND

The Client can request BusinessProLogo for refund if the Client is not satisfied with the basic concepts. The Client can also avail a package that includes other Services (such as stationery pack, post card etc). In such case the Client might approve the logo design and might be dissatisfied with the other services. In that case the refund issued will only include the price of the Service, the Client has disapproved. On getting the refund the Client will have no right to use the basic concept for any purpose. The Client can ask for no refund if the Client has already approved the project or has failed to communicate within the given period of time. No refund will be issued if the company closes, changes its name or undergoes any other alteration. The refund system is also not applicable if the Client avail any "Special Offer".

 

PROJECT DURATION

After receiving the first draft the Client will have one week (7 days) to respond. If the Client failed to respond the project will be regarded as completed. In such case no refund will be issued and BusinessProLogo will have no further obligations. BusinessProLogo will keep the project active after 21 days only if the Client informs that he/she need more time to respond.

 

ELIGIBILITY REQUIREMENT

The Client should be at least 18 years of age. Only then the Client will be eligible to place the order (fill up the online order form) and accept the terms and conditions and privacy policy.

 

CALCELLATION POLICY

All amounts owed for services rendered prior to the verified cancellation date must be paid in full. There will be no prorating for partial months throughout the Agreement. Due to account security and privacy concerns, all billing related questions and cancellation requests MUST be made in writing or via email. Cancellation requests will only be processed if made by the initial authorizing party and if received in writing. For security and training purposes, all calls inbound and outbound through BusinessProLogo corporate offices are digitally recorded.

 

REPRESENTATION & WARRANTIES

Client represents, warrants and covenants that (i) Client has sufficient authority to enter into the Agreement; (ii) Client is a business, not a consumer, and that Client’s use of BusinessProLogo services is solely for lawful commercial and business purposes; (iii) Client has the necessary rights to provide all information provided under the Agreement for use as described in the Agreement, and that all such information and all claims, statements, products and services contained or referenced therein and in the web site to which it links: (a) do not violate any law, statute, ordinance, treaty or regulation or BusinessProLogo policy or guideline; (b) do not infringe any copyright, patent, trademark, trade secret or other intellectual property right of any third party; (c) do not breach any duty toward or rights of any person or entity including rights of publicity or privacy, and have not otherwise resulted in or are not likely to result in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; (d) are not false, deceptive or misleading; (e) are not defamatory, libelous, slanderous or threatening; (f) will be free of viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancel bots or other computer programming routines that may potentially damage, interfere with, intercept, or expropriate any system data or personal information; and (g) comply with the applicable Program Terms; and  (iv) comply with all laws regarding unsolicited electronic messages (including without limitation, the CAN-SPAM Act of 2003 and Client will not engage in any form of spamming or other impermissible marketing activities through any BusinessProLogo Program.

 

INDEMNIFICATION

Client will indemnify and hold BusinessProLogo, its subsidiaries, affiliates, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Master Terms and Conditions or the applicable Program Terms by Client, including any use of content and third-party content developed by BusinessProLogo other than as expressly authorized in these Master Terms and Conditions. Client agrees that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and Client agrees to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. Client will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Client’s use of the information accessed from BusinessProLogo.

 

TRADEMARKS

Trademarks, service marks, and logos appearing in this site are the property of BusinessProLogo or the party that provided the trademarks, service marks, and logos to BusinessProLogo. BusinessProLogo and any party that provided trademarks, service marks, and logos to BusinessProLogo retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.

 

SECURITY

Any passwords used for this site are for individual use only. Client will be responsible for the security of Client’s password (if any). BusinessProLogo will be entitled to monitor Client’s password and, at its discretion, require Client to change it. If Client uses a password that BusinessProLogo considers insecure, BusinessProLogo will be entitled to require the password to be changed and/or terminate Client’s account. Client will notify BusinessProLogo immediately if Client believes that the security of Client’s account has been compromised. BusinessProLogo AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR LOSSES OR DAMAGES RESULTING FROM ANY SECURITY BREACHES.

 

INDEMNIFICATION

Any passwords used for this site are for individual use only. Client will be responsible for the security of Client’s password (if any). BusinessProLogo will be entitled to monitor Client’s password and, at its discretion, require Client to change it. If Client uses a password that BusinessProLogo considers insecure, BusinessProLogo will be entitled to require the password to be changed and/or terminate Client’s account. Client will notify BusinessProLogo immediately if Client believes that the security of Client’s account has been compromised. BusinessProLogo AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR LOSSES OR DAMAGES RESULTING FROM ANY SECURITY BREACHES.

Client is prohibited from using any services or facilities provided in connection with BusinessProLogo to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If Client becomes involved in any violation of system security, BusinessProLogo reserves the right to release Client’s details to system administrators at other sites in order to assist them in resolving security incidents. BusinessProLogo reserves the right to investigate detected violations of these Master Terms and Conditions. BusinessProLogo reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing BusinessProLogo to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Master Terms and Conditions.

BY ACCEPTING THIS AGREEMENT CLIENT WAIVE AND HOLD HARMLESS BusinessProLogo FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BusinessProLogo DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER BusinessProLogo OR LAW ENFORCEMENT AUTHORITIES.

 

PROPRIETARY INFORMATION

The material and content accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by BusinessProLogo (the "Content") is the proprietary information of BusinessProLogo or the party that provided the Content to BusinessProLogo, and BusinessProLogo or the party that provided the Content to BusinessProLogo retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of BusinessProLogo, except that Client may print out a copy of the Content solely for Client’s internal use. In doing so, Client may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Master Terms and Conditions is prohibited. Neither title nor intellectual property rights are transferred to Client by access to the Programs or BusinessProLogo web sites. Client is expressly prohibited, directly or indirectly through any third party, from any of the following: (i) copying, modifying, creating a derivative work of, reverse engineering, reverse assembling or otherwise attempting to discover the source code of any software pertaining to the Programs or BusinessProLogo web sites; (ii) renting, leasing, selling, assigning, transferring, sublicensing, re-licensing, granting a security interest in, or gaining unauthorized access to the Programs or BusinessProLogo web sites; and (iii) accessing the Programs or BusinessProLogo web sites by any means other than through the interface that is provided by BusinessProLogo for use in accessing the Programs or BusinessProLogo web sites.

BusinessProLogo suppliers are the exclusive owners of all right, title and interest in and to the Programs or BusinessProLogo web sites along with any and all related intellectual property rights including, without limitation, all associated rights under the laws of copyright (including derivative works), trademarks and patent. Nothing in this Agreement shall be deemed to limit or restrict BusinessProLogo suppliers from providing its Programs, BusinessProLogo web sites or technology to any third party for any purpose whatsoever, or in any way affect the rights granted to such other third parties. The use of any of the Programs or BusinessProLogo web sites shall in no way be construed by any user as granting or conferring upon them any intellectual property rights whatsoever.

 

EXTERNAL SITES

This site may be hyper-linked to other external sites that are not maintained by, or related to, BusinessProLogo. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or BusinessProLogo. BusinessProLogo has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at Client’s own risk, and BusinessProLogo makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by BusinessProLogo of that site.

 

INFORMATION CLIENT PROVIDE

Client may not post, send, submit, publish, or transmit in connection with this site any material that:

Client does not have the right to post, including proprietary material of any third party;

BusinessProLogo reserves the right to monitor use of this site to determine compliance with these Master Terms and Conditions, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, Client remains solely responsible for the content of Client’s submissions. Client acknowledges and agrees that neither BusinessProLogo nor any third party that provides Content to BusinessProLogo will assume or have any liability for any action or inaction BusinessProLogo or such third party with respect to any submission.

SUBMISSIONS

Client hereby grants to BusinessProLogo the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to BusinessProLogo through this site (together, the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. BusinessProLogo will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future BusinessProLogo operations. BusinessProLogo and its suppliers do not claim ownership rights in any Content that Client owns, or are owned by a third party, and that Client has provided for inclusion in the Services and/or incorporation onto Client’s web site. Accordingly, Client is solely responsible for ensuring that said Content does not violate any of BusinessProLogo policies or rig or any rd party’s rights.

BusinessProLogo.com will treat any personal information that Client submits through this in accordance with its Privacy Policy.

 

COMMUNICATIONS FROM BUSINESSPROLOGO

Client agrees to receive all communications from BusinessProLogo, whether via telephone, facsimile, or e-mail, and expressly agree not to consider any such communication(s) as unsolicited. Refusal to receive such communications from BusinessProLogo will constitute grounds for termination of this Agreement and deactivation of Client’s Web site.

 

TERMINATION FOR CAUSE

BusinessProLogo reserves the right to modify, suspend or discontinue the services at any time, without notice. BusinessProLogo and its suppliers reserve the right to immediately terminate this Agreement and deactivate Client’s account and access to Programs if they believe, in their sole and absolute discretion, that Client has violated, or threaten to violate, the terms of this Agreement. Any user who is terminated for cause under this section hereby agrees to forfeit any and all rights, claims and/or causes of action against BusinessProLogo and its suppliers, including without limitation Client’s rights to any refunds or for any losses, expenses, damages or costs incurred as a result of such termination and deactivation.

 

OWNERSHIP

All concepts, artwork, logos and designs remain the copyright and exclusive property of BusinessProLogo until the final design has been approved by the Client. The final design becomes the property of the Client. After the Client clears the payment he/she can use the artwork for indefinite time period and unlimited purposes.

 

FORCE MAJEURE

BusinessProLogo shall not be liable or deemed to be in default under this Agreement for any delay or failure to perform resulting from (a) accidents, fire, labor disputes, epidemics, war, terrorist acts, riots, insurrections, power blackouts, acts of nature or causes beyond its reasonable control without its fault or negligence, (b) acts or omissions of the other Party or of a third Party (other than the non-performing Party’s own agents or contractors), or (c) compliance with any law, regulation, ruling, order or requirement of any federal, state or municipal government or agency or court of competent jurisdiction (a ‘Force Majeure Condition’).

 

DATA LIMITATIONS

BusinessProLogo will impose the following data limitations on email and bandwidth provided by BusinessProLogo through its products and services offering.

 

LIMITATIONS OF LIABILITY

CLIENT EXPRESSLY UNDERSTANDS AND AGREES THAT BusinessProLogo AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO CLIENT FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES (EVEN IF BusinessProLogo HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF CLIENT’S TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

THE TERMS AND CONDITIONS ARE SUBJECTED TO REVISE AT ANY TIME