Terms of Service

These terms of use (“Agreement”) set forth the legally binding terms for your use of the Site and Services. By purchasing logo design services, you are accepting this Agreement and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. 

This Agreement is between “The Designer”, Michelle Marin Design Studio LLC (DBA Michelle Marin) and the client purchasing the services.

ADDITIONAL FEES

Design Options ………….…….………………………………………………………..   $100/hour
If the client would like an additional logo design(s) exceeding what is included in their package, the client will be charged $100 per hour with a 2-hour minimum.  The number of hours needed to complete an additional design option will vary per project.

Revisions Delay …..……………………………………………………………………….   $50.00
Client must submit revision requests within 5 business days of receiving the logo options. A $50 delay fee will be charged otherwise.

Questionnaire Delay………..……………………………………..…………………… $50.00
Client must complete the logo questionnaire in its entirety within 10 business days of signing this contract. A delay fee of $50 will be charged otherwise.

COMPLETION TIME

The logo design starts when the client completes their questionnaire in its entirety and full payment is issued to the designer.  Completion time may vary slightly per project based on the client’s responsiveness throughout the process and the designer’s current workload.

REVISIONS

(a) Client must choose 1 logo option before requesting their first round of revisions
(b) Once the client has chosen a logo option, they may not select a previous option
(c) Client gets (2) rounds of revisions
(d) Upon receipt of logo, client has 5 business days (per each round) to provide designer with revision requests
(e) If the designer receives revision requests between 6-10 business days, a delay fee of $50 will be charged
(f) If the client does not submit revisions within 10 business days of receiving logo from designer, the client accepts the logo as is
(g) Client gets (1) revision form submission and an unlimited number of changes per form for each round of revisions
(h) A “change” is a minor modification to an existing design
(i) Changes to an existing design which fall outside the parameters of minor modifications are considered a “redesign”
(j) Designer has full discretion in distinguishing between a “change” and a “redesign”
(k) If the designer defines the change(s) as a redesign, the client will be charged for an additional logo option
(l) All revisions must be submitted via the revision form provided by the designer
(m) Once the client approves his/her logo design, no more revisions will be made to the logo design. Final files will be given to the client upon final payment clearing and final client approval. If the client would like the designer to make changes to the logo design after the project is finalized, the client can hire the designer to do so under a new contract and for an additional fee.

QUESTIONNAIRE

(a) Client agrees to complete the questionnaire in its entirety within 10 business days of purchasing logo services and understands that no work will begin until its completion.
(b) If the questionnaire is received between 10-30 days of purchase, a $50 fee will be charged.
(c) If the questionnaire is not filled out within 30 days of purchase, the designer is released from designing the logo and moneys paid will not be refunded to the client.

PROOF READING ARTWORK

It’s the Client’s responsibility to ensure all content is accurate before giving to the designer to input into any designs created. Additionally, the client is responsible for Proof Reading the artwork proof before it is approved. The designer is not responsible for errors found after the artwork has been approved.

COLOR

Due to differences in monitor and printer calibration, the color of a printed product will likely vary from what you see on screen or what prints on your printer. Additionally, colors will likely vary monitor to monitor AND printer to printer. If print color is a concern to the client, the designer advises the client order a “press proof” before printing in bulk.

PANTONE COLOR

PMS (which stands for Pantone Matching System) is a color system based upon over one thousand standardized ink colors. Using PMS color is the best way to ensure exact color accuracy and color consistency when printing. However, it’s often expensive/not economical to use PMS for printing purposes.

PMS is not recommended if your company has:
(a) More than (2) colors in your logo design
(b) Gradients or ranges of color in your logo design

PMS is recommended if your company plans to, now or in the future:
(a) Require exact color accuracy and consistency in its brand print collateral
(b) Print your logo design with (2) colors or less
(b) Use screen-print process printing to print your logo design, ie: screen-printed t-shirts, or letter-pressed business cards
(c) Have the financial capital to invest in PMS color printing methods (not as economical as printing 4-color process printing)

The client understands that even if he/she uses PMS color in printing, that doesn’t ensure that a process-printed version of their color will match exactly to a PMS printed version of his/her color. 4-Color Process CMYK Printing may not always achieve an exact color match to a PMS color.

Also, the client understands that PMS colors the client views on his/her computer monitor can vary greatly and will not look exactly the same as a printed PMS color. To get the most accurate impression of how any printed PMS color will look, its recommended to refer to a printed version of the PMS color.

If the client elects to have a PMS Color embedded in his/her final .eps logo file and/or Brand Style Guide, the client must elect one of the following options:
(a) Securing a Pantone Formula Guide Book to compare the chosen color on their screen to the color in the Pantone book. And ensure the color chosen is as they would like. The Pantone Formula Guide Book is a book with all Coated and Uncoated Pantone Colors. Where the client can physically see the exact color as it will be printed. ($160.00 USD / Formula Guide Book)
(b) Or the client may secure a Pantone Simulator Print to ensure that the Pantone Color chosen for their brand is the correct color once printed. The Pantone Simulator Print is a digital print of up to 5 different Pantone Colors on up to 5 different types of common print surfaces / paper materials. ($15.00 USD / Pantone Simulator Color Sheet)
(c) The client can elect to go off monitor color if the client gives written acknowledgement that colors may vary from the screen to paper.

CONTACT

Client agrees and understands that all communication will be via email.

CREDIT CARD AUTHORIZATION 

Client authorizes Michelle Marin to charge the same credit card used to purchase the client’s logo package for any additional fees including: additional logo options, additional changes, and delay fees.

REFUND POLICY

All sales are final. There are no refunds.

CHARGEBACK

(a) In the event the client does a chargeback, client agrees to pay all fees related to the charge back including, but not limited to collection fees and fees charge by the payment processing company.
(b) Client also agrees and understands that if a chargeback is made, they will be sent to collections to recoup all costs associated with the chargeback.

CANCELLATIONS

The designer may cancel the contract at any time for any reason.  If the designer elects to cancel the contract, a full refund will be issued to the client.

WARRANTY, OWNERSHIP, & INDEMNIFICATION

(a) Client guarantees that any elements (graphics, photos, designs, trademarks, or other artwork) provided for inclusion in the logo design are either owned by client, or that he/she has permission to use them. In addition, the client will hold harmless, protect, indemnify and defend the designer from any claim or suit arising from the use of such work.

(b) The designer guarantees that the work produced is original or properly licensed for commercial use. Before payment clearing, the designer retains ownership of all artwork.

(c) After full payment (including additional design options, additional changes, and delay fees) clearing for the project, full copyright is given to the client.

(d) The designer reserves the right to display and link to the completed project as part of the designer’s portfolio and to write about the project on websites, in magazine articles and books about graphic design.

(e) The client is given ownership to the logo design that the client has given final approval on at project completion. All other logo design concepts shall remain owned by the designer. If the client would like ownership of other logo design concepts, the client may gain the rights to use them from the designer for an additional fee and must enter into a separate contract for this ownership.