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

Additional Design Options(s) ………….………………………………………………………………………… $500.00
If the client would like additional logo design options(s) exceeding what is included in his/her package, the client will be charged $500 USD per new design option session.

Re-Design / Re-Draw ………….…….………………………………………………………………………………………… $500.00
If, after the client is presented logo design options and the client requests changes to an existing design which fall outside the parameters of minor modifications, a “re-design” fee of $500 USD will be charged.

Additional Design Revision(s) ………….…….……………………………………………………………… $75.00 / HR
If the client would like an additional round of design revision(s) exceeding what is included in his/her package, the client will be charged $75 / hour per revision session.

Additional Logo File(s) ………….…….……………………………………………………………………………… $35.00
Additional versions/variations of the logo cost $35 USD / per logo version.

Project Rush Fee………..……………………………………..………………………………………………………………… $500.00
If the client would like to have the project completed before the typical timeframe, the client will be charged a rush fee of $500 USD.

Final Files Retrieval …..……………………………………………………………………………………………… $75.00
If, after (90) calendar days after the project has been completed and after files have already been supplied to the client, there will be a $75 USD fee to retrieve and transfer digital files to the client.

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.

Project/Communication Delays
(g) Client has (3) business days to respond to emails from the designer relating to scheduling design meetings, and/or to give feedback/revisions to the designer in order to keep the project on time. If the client has not responded to an email within that time-frame, the project will be delayed and completion date pushed back
(h) If the client has not responded to a project email within (3) business days, a new project timeline will be generated for the client based on the designer’s current production schedule

FILE TYPE REQUIREMENTS

If the client has specific requirements for how project files must be prepared, the client agrees to send those requirements to the designer via the client’s questionnaire or prior to project start. The Client understands that for the designer to correct or adjust files after client approval is given, there will be 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, the project will be delayed and completion date pushed back. And a new project timeline will be generated for the client based on the designer’s current production schedule
(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.

INITIAL DESIGN MEETING

(a) The design may ask the client to participate in (1) Initial Design Meeting prior to receiving logo options.
(b) If the above occurs, the client will be presented color palettes and typography options.
(c) The nature of the Mood Board is to go over the questionnaire, client vision and agree upon on the the style and aesthetic direction for the logo design.
(d) No revisions will be made to the Mood Board
(e) All design feedback must be submitted during the scheduled meeting
(f) No design feedback will be accepted via email

INITIAL LOGO DESIGN OPTIONS

(a) The client will receive (3) logo design options
(d) Client must select (1) logo option to start the revisions
(e) All revision requests must be submitted via the online form provided to the client
(f) No design feedback will be accepted via email

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) Client gets (1) revision form submission per each round of revisions
(e) All revision requests must be submitted via the revision form
(f) Every instance the client requests changes to the logo and the designer completes those changes and presents those changes to the client is considered a completed revision session.
(g) Upon receipt of the logo, client has (5) business days (per each round) to provide designer with revision requests to keep the project on time. If the client has not given revision requests within that time-frame, the project will be delayed and completion date pushed back
(h) If the client has not given revision requests within (5) business days, a new project timeline will be generated for the client based on the designer’s current production schedule
(i) If the client does not submit revisions within (30) business days of receiving the logo from designer, the client accepts the logo as is
(j) If the client would like to see more than one option of the revised logo, the designer will show up to (3) “minor” variations of the logo design concept per each round of revisions. A variation is defined as a “minor” modification to the same logo.
(k) A “change” is a minor modification to an existing design
(l) Changes to an existing design which fall outside the parameters of minor modifications are considered a “redesign”
(m) Designer has full discretion in distinguishing between a “change” and a “redesign”
(k) If the designer defines the change(s) as a re-design, the client will be charged for an additional logo design concept fee of $500 USD
(o) 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.

FINAL FILES

(a) Client will receive (1) final logo design with up to (2) variations of the logo.
(b) The (1) final logo will be sent in the following formats: JPG, PNG, EPS, PNG.
(c) Additional variations of the logo design cost $35 / logo variation.
(d) A variation of the logo design is defined as a small change to the logo file. This may include a change of color in the logo file, or adding a TM mark next to the logo. A different logo design concept is not considered a logo variation.
(e) The client will receive a link to download his/her logo files after the remaining balance is paid to the designer. The download link will be valid up to (90) calendar days from the time the link is sent to the client.

DIGITAL FILES

Length of storage: All final digital files created for the client are stored by the designer up to (90) calendar days from the date that the designer supplied the files to the client.

Retrieval fee: There will be a nominal fee to retrieve and transfer any digital files after the project has been completed and after all files have already been supplied 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.

The client is advised that his/her monitor is not a reliable way to proof colors for printing. And that the only way to truly know the way a Pantone color looks is by referring to a physical printed Pantone Sample or Pantone Color Book.

If the client would like a Pantone Color embedded in his/her final eps file. Or would like a Pantone color in his/her Brand Style Guidebook, The client is responsible for either:

(a) Securing a Pantone Formula Guide Book to compare the chosen color for their brand color(s) to the corresponding color(s) in his/her Pantone Formula Guide Book. And ensure the color chosen is as he/she 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) Or the client may elect for the designer to select the brand color without the client securing the physical printed Pantone Color sample(s). And acknowledgement that colors may vary slightly from the screen to paper.

CONTACT

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

PAYMENT SCHEDULE
Before work begins, the client will pay a non-refundable initial deposit. The project can be scheduled once the designer receives the initial payment. If an initial deposit is made by the client, the remaining balance is due upon completion of the project, and before final art files are provided to the client.

ACCEPTED PAYMENTS
The designer accepts all major credit/debit cards for payment (Visa, Mastercard, Discover, American Express). As well as Paypal payments. Checks, cash or money orders will not be accepted.

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 concepts, additional revisions, and rush fees.

ADDITIONAL FEES

In the event that additional services/fees are added to the project. The client will be charged for additional fees including: additional logo design options, additional revisions, rush fees, or anything not included in the client’s package. Payment for additional fees are due either as soon as the additional service is accepted by the designer or by project completion and before final files are delivered to the client.

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.

DELAYED PAYMENT
(a) If, after the project has commenced, any subsequent invoices are not paid withing (30) calendar days, a 5 percent “delayed payment” fee will be charged. This initial 5 percent figure will be added upon each recurring (30) calendar day period until the full amount is received.
(b) After (60) calendar days of non-payment, the invoice will be forwarded to collections.

CANCELLATIONS

The designer may cancel the contract at any time for any reason.

If the project is cancelled for any reason, payment is due with the same terms, up to and including the phase of the project that is currently in progress. The designer will retain any work completed. All content provided by client will remain in client’s ownership.

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.

NONDISCLOSURE
The client agrees not to share any of the designer’s concepts, art, or work with outside designers or agencies unless you have purchased the artwork release from the designer. This includes, but is not limited to design concepts, sketches, proofs and design work. In addition, the designer will also keep the Client’s ideas, artwork or content confidential unless written consent has been granted by the Client to do so.

FORCE MAJEURE
Any delay in the performance by the designer is not be a breach of this Agreement if such delay arises out unforeseen events such as storm, flood, hurricane, strikes, work stoppages or slowdowns, sickness, death, epidemic or quarantine restrictions and/or unforeseen equipment failure.

LEGAL STUFF
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

ARBITRATION CLAUSE
Both parties do hereby agree to resolve, through binding arbitration, any dispute that arises among the parties from date of entering into the contract.

ENTIRE AGREEMENT
Just like a parking ticket, you can’t transfer this contract to anyone else without the designer’s permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place. This contract is a legal document under exclusive jurisdiction of the courts of Tampa, Florida in the United States of America.