Service Generally

‘ArtOfDesigning.com’ and the Customer hereby agree to the following terms and conditions with respect to the provisions by ArtOfDesigning.com to the customer of services which are identified and/or described in the service agreement attached to these terms and conditions.

The Customer will be provided with the service according to the product details for the products/s chosen by the Customer as detailed on the 'ArtOfDesigning.com' website. Customer's Designs will be created iteratively through a Design process of development of designs as per Order details mentioned by Customer in order process, communication between Customer and ArtOfDesigning.com through Order Message Board attached to respective orders, various rough design proofs submission by ArtOfDesigning.com and further comments etc of Customer through Order Message Board, ultimately resulting in a final Design conforming to Order Details.

Order Details and Designs. The Customer is solely responsible for preparing and sending detailed answers to our designs specification briefing (through Order Message Board of the Order). 'ArtOfDesigning.com' is under no obligation to review a comment on Order Message Board for any purpose, including accuracy, completeness of information, quality or clarity. 'ArtOfDesigning.com' may decide, in its sole discretion, to deny a comment on Order Message Board.

When 'ArtOfDesigning.com' provides a set of Design proofs to the Customer, the Customer shall review and respond.

If the Customer fails to promptly inform 'ArtOfDesigning.com' that the provided Design proof are not reasonably responsive to the provided comments, the Customer will be deemed to have accepted the Designs. If the Customer notifies 'ArtOfDesigning.com' that the Customer consider a Design as not reasonably responsive to the Order details or comments, the Customer shall provide information regarding amendments or modification to be made to the initial Designs. After providing his comments, the Customer will be provided a subsequent Response that conforms to the additional criteria requested by the Customer.

• Revision stages. Revisions generally consist of 2-6 additional compositions that incorporate changes requested by the Customer in the Order Message Board. The purpose of the revision process is to create Responses that move forward in a specific direction as determined by the Customer. The Client may request significant changes in the 1st and 2nd revision, and the Responses might be quite different in nature from the original version chosen. By the 3rd revision request, Customer's requests shall be modifications of the then current version only. The purpose of each revision stage is to create designs that move forward in a specific direction from a single design composition as chosen by the Customer. Revision requests that depart from the current composition will be honored and completed in the same timely manner, however; 'ArtOfDesigning.com' reserves the right to charge a reasonable amount for each such Revision. No revision work, which requires payment, will be started without authorization from the Customer.

Payment: The Customer ordering for any of the available services must pay for the Service in advance, by any of the payment methods provided by 'ArtOfDesigning.com'. The Customers will be charged for the product(s) selected. 'ArtOfDesigning.com' will email the Customer a receipt for the transactions in which the Customer is involved and provide the Customer with all the information necessary to start the design process.

Refunds: If the Customer is not satisfied with the first set of proofs provided by 'ArtOfDesigning.com', Client may request a refund by completing the Refund Request form which will be provided to the Customer upon request. Upon timely receipt of the completed form, 'ArtOfDesigning.com' will refund the total payment made by the Customer.

Acceptance of such refund shall constitute the Customer's sole and exclusive remedy with respect to such first set of proofs. Should the Customer receive such refund, Customer acknowledges that it will have no right (express or implied) to use any design out of first set of proofs or other work product, content, or media, nor any ownership interest in or to the same.

The refund policy will not take effect:

If you have already confirmed or approved the acceptance of a design, we cannot provide a refund. Your approval represents an acceptance of the final project and serves as an implicit statement of satisfaction.

If you have failed to communicate with us for more than fifteen days, any refunds will be at the discretion of ArtOfDesigning.com management.

If the company for whom the design was performed should close, change its name, or undergo other alterations rendering a design ill fitting, we cannot issue a refund.

Once you have taken final delivery.

Project duration: The Customer agrees to provide timely responses to 'ArtOfDesigning.com' after receiving status notifications from 'ArtOfDesigning.com'. The Customer shall have 15 days to respond to each set of proofs sent to the Customer for review. If after 15 days the Customer has failed to respond, 'ArtOfDesigning.com' will assume the Project complete and the Project shall be deemed to be complete. At such time, 'ArtOfDesigning.com' shall have no further obligation to the Customer, and the Customer shall pay 'ArtOfDesigning.com' all fees and expenses associated with work performed by 'ArtOfDesigning.com'. In rare cases, if the customer feels that it may take him more than 15 days to respond then he is requested to inform ' ArtOfDesigning.com' accordingly, so that 'ArtOfDesigning.com' keeps the project in active state.

Holiday dates: We work 9.30am until 6pm (Indian Slandered Time) between Monday and Friday. We remain closed on Saturdays and Sundays. During the following dates service will not be available: 01/01; 01/12: 08/15: 10/02: 12/24; 12/25; 12/31. Any other Special Holiday Dates, if any, will be published on the website - at least 7 days in advance OR would be informed to be effected customers through email.

Eligibility Requirements: The Customer must be at least 18 years of age, agree to these Terms and Conditions and the Privacy Policy, and complete the on-line order form. By asking for our services, you represent and warrant that you meet these eligibility requirements, that the information you include as part of the ordering process is complete and accurate and, if you are ordering services on behalf of an entity, that you are authorized to bind that entity to these Terms and Conditions. 'ArtOfDesigning.com' may accept or reject your order in its sole discretion.

Authorization to Use: Permitted Uses. You may access and use the Service solely in accordance with the Terms and Conditions and any posted policies and procedures that appear on the Web Site. You may provide Creative Briefs and obtain Responses only if you register as a Customer. Any use of the Web Site is at your sole risk and responsibility. Subject to the Terms and Conditions, you may (i) display the Web Site on an internet access device, and (ii) on an occasional, infrequent and ad hoc basis, and only in circumstances that constitute "fair use" under Canadian, United States, United Kingdom, Indian and International copyright law, print copies of insubstantial portions of the Web Site. Except as expressly authorized by the foregoing sentence and as otherwise permitted herein, you may not display or print the Web Site and in no event may you broadcast, circulate, distribute, download, perform, publish, rent, reproduce, sell, store, transmit or create decorative works from the Web Site. This website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of this website are copyrighted as a collective work under the Canadian, United States, United Kingdom, Indian and International copyright laws. This material may not be published, broadcast, rewritten or redistributed in whole or part without the express written permission of 'ArtOfDesigning.com'. Unauthorized commercial or private use of this material is subject to criminal prosecution.

Prohibited Uses Generally: You are required to comply with all applicable laws (including, without limitation, any applicable export controls) in connection with your use of the Service, and such further limitations as may be set forth in any written or on-screen notice from 'ArtOfDesigning.com'. Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Web Site that (i) is copyrighted, unless you are the copyright owner; (ii) reveals trade secrets, unless you own them; (iii) infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; (iv) is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any other person or entity; (v) is sexually-explicit; (vi) constitutes 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 expropriate any system, data or information. You further agree not to (i) use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a Customer; (ii) delete or revise any material or other information of any other user or 'ArtOfDesigning.com'; (iii) take any action that imposes an unreasonable or disproportionately large load on the Web Site's infrastructure; (iv) use any device, software or routine to interfere or attempt to interfere with the proper working of this Service or any activity being conducted on; (v) use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatar's or intelligent agents) to navigate or search this Web Site other than the search engine and search agents available from 'ArtOfDesigning.com' on this Web Site or those generally available to third party web browsers (e.g., Netscape Navigator and Microsoft Internet Explorer); or (vi) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site. You are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (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 to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mail bombing" or "crashing", the Web Site; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (v) forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability. 'ArtOfDesigning.com' will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. 'ArtOfDesigning.com' reserves the right to review postings on the Web Site, to remove any postings, and to terminate your ability to communicate with, or post to, the Web Site at any time without notice, in its sole discretion. 'ArtOfDesigning.com' will take 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 the extent necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.

Operation of Web Site: 'ArtOfDesigning.com' shall not be responsible for any delays or interruptions of, or errors or omissions contained in, the Web Site. 'ArtOfDesigning.com' reserves the right, but shall not be required, to correct any delays, interruptions, errors or omissions. Although 'ArtOfDesigning.com' intends to use commercially reasonable efforts to make the Web Site and Service accessible, 'ArtOfDesigning.com' makes no representation, warranty or covenant that the Web Site or Service will be available at all times or at any time. Various circumstances may prevent or delay availability. 'ArtOfDesigning.com' may at any time discontinue the Web Site in whole or in part, may change or eliminate any transmission method, and may change transmission speeds or other signal characteristics. 'ArtOfDesigning.com' shall not be responsible for any loss, cost, damage or liability that may result. 

Responsibility for Content, Other Representations, Warranties and Covenants

'ArtOfDesigning.com' shall not be responsible for any use that is or is not made of the Web Site or the Service. Without limiting the foregoing, 'ArtOfDesigning.com' 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, Revision brief, Term Sheet, Response or User Identity (as defined hereafter) that are communicated through, or posted to, the Service, whether by Members, Customers, 'ArtOfDesigning.com' or otherwise, nor does 'ArtOfDesigning.com' endorse any opinions expressed by any user of the Web Site, including any Member or Customer. Without limiting the foregoing, 'ArtOfDesigning.com' makes no representations, warranties or covenants regarding the validity of the rights to Responses granted pursuant to this Agreement. Customer acknowledge that any reliance on information or other material, including, without limitation, any Service, 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, each Customer agrees and acknowledges that it uses each Response at its own risk and that it is responsible for taking any actions it deems reasonable to determine whether its use of a Response will infringe any third party intellectual property, privacy or publicity rights.

Ownership, Rights to Use

Web Site and Service Generally: Except as expressly contemplated under this Agreement, as between 'ArtOfDesigning.com' and the Customer, 'ArtOfDesigning.com' 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 full extent provided under Indian, Canadian and United States and 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, of 'ArtOfDesigning.com', including "'ArtOfDesigning.com'", without the prior written consent of Eprayas.com who may agree or refuse in its sole discretion for each such request.

Rights of ArtOfDesigning.com: The Customer grants 'ArtOfDesigning.com' and its mother company Eprayas.com 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, the designs provided by 'ArtOfDesigning.com', for the full term of any intellectual property rights that may exist in such designs to the extent necessary to provide the Customer with the Service and the designs.

Rights of the Customer: Subject to the Customer's compliance with the terms and conditions of this Agreement, the Customer shall own the final design provided to the Customer by 'ArtOfDesigning.com' hereunder. The Customer shall not, however, own any materials, media or other content generated during any revision cycles leading up to the final design, with such right, title and interest expressly reserved to 'ArtOfDesigning.com'. The customer acknowledges and hereby grants to 'ArtOfDesigning.com' the right to use briefs given in Order Details and through comments in Order Message Board, as well as individual designs provided to the Customer, for internal and filing purposes, and in order to display and promote the 'ArtOfDesigning.com' Service. The Customer acknowledges that his rights under this Agreement shall be limited solely to the final design chosen by him and that no trade or service marks in or to such final design is being conveyed under this Agreement. The Customer acknowledges that 'ArtOfDesigning.com' shall have no obligation or duty to perform trade or service mark searches or inquiries, or the like, in order validate the propriety or legality of the provided compositions. 

Until final design is approved as per standard contract with 'ArtOfDesigning.com', all proofs, artwork, concepts and designs remain the copyright and exclusive property of 'ArtOfDesigning.com'. This material may not be reproduced in any other way without the prior written consent of ArtOfDesigning.com. ArtOfDesigning.com reserves the right to utilize and/or reproduce any image, design or illustration created by ArtOfDesigning.com, in advertising, electronic or traditional reproduction, with the addition of any copyright and/or trademark notice that may be requested by the owner of the work. By placing an order to 'ArtOfDesigning.com', you agree and consent to these terms and conditions.

Accordingly, the Customer is encouraged to perform its own independent searches with regard to the designs provided by 'ArtOfDesigning.com'. Furthermore, The Customer acknowledges that 'ArtOfDesigning.com' shall have no responsibility or obligation of any kind to assist the Customer in seeking state or federal intellectual property protection (i.e., without limitation, trademark registration) for the designs, nor shall 'ArtOfDesigning.com' be responsible in otherwise assisting the Customer in any way in the Customer's perfection of the Customer's rights in or to the designs.

Ownership (copyright and title) of the final artwork become the property of the Customer, having unlimited, indefinite, and royalty-free use of the image upon payment of all fees. 'ArtOfDesigning.com' retains rights to display the artwork in its portfolio and advertising materials. Eprayas.com retains the Copyright to all concepts, comprehensives, or other preliminary materials, which are not selected by the Customer or are not included into the final delivery.

ArtOfDesigning.com expects the Customer to perform researching on their company name to be sure the name is not already in use and securing a copyright, trademark or service mark to protect the Customer's legal rights to any name or image. 'ArtOfDesigning.com' is not and will not be held responsible for any legal action that may result from improper due diligence on the availability of a company name or image. 'ArtOfDesigning.com' is not responsible for researching or infringing any trademark violations that may or may not arise in our dealings with the Customer and his/her agents. All trademark matters are the full responsibility of the customer.

In case you order an exclusive right to the pre-made logo design, you will own all rights to the design once you make full payment. Pre made designs are sold to the Customer from whom payment is first received. A pre-made design with Exclusive Right once sold to a Customer will not be sold to another Customer.

Licensing the font used in the designs (both Custom and Pre-Made) is the responsibility of the Customer.

ArtOfDesigning.com will hold your design files in our archives for 3 months from the time of ordering. This service is not guaranteed so it is advisable to keep safe your files once delivered. 'ArtOfDesigning.com' may charge a reasonable amount for re-supplying the design or design files from our archives after the initial delivery.

Should the Customer require additional artwork beyond the scope of the ordered design service package (either concurrently with the design project or at a later date), the Customer will be offered a Free Quote for the Additional Services. Additional work will be done after the Customer pays for the add-on services in advance. 

Indemnification

Upon a request by ArtOfDesigning.com, you agree to defend, indemnify and hold harmless ArtOfDesigning.com and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from all liabilities to, claims of any third party due to or arising out of your violation of any of these Terms and Conditions, and any expenses, including, without limitation, reasonable attorneys fees, incurred in connection therewith. 

Termination

ArtOfDesigning.com reserves the right, in its sole discretion, to terminate the Service, at any time, with or without notice. In the event of such termination, ArtOfDesigning.com will work with the Customer to determine the amount of any refund (if any) to be paid to the Customer as a result of such termination. Should the Customer's use of the Service result from the Customer's material breach of the terms and conditions of this Agreement, or any other agreement to which ArtOfDesigning.com and the Customer are a party, the Customer shall not be entitled to any refund, unless otherwise mutually agreed upon by the parties.

General

These Terms and Conditions set forth the entire agreement and understanding of the parties with respect to the subject matter hereof and supersede any and all prior oral or written agreements and understandings, and any and all contemporaneous oral agreements and understandings between you and ArtOfDesigning.com regarding the subject matter of these Terms and Conditions.

If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void, or unenforceable, then such provision shall be deemed null and void, but the remaining provisions shall continue in full force without being impaired or invalidated in any way. The language of these Terms and Conditions shall be deemed to be the language mutually chosen by the parties and no rule of strict construction shall be applied against or in favor of either party hereto. The section headings and other headings contained in these Terms shall not affect the meaning or interpretation of these Terms and Conditions.

If ArtOfDesigning.com and the Customer have need for legal recourse to settle any dispute the case will be handled by a court of law having jurisdiction over the ArtOfDesigning.com location i.e. Chandigarh, India.

Unless otherwise specified and/or credited all images, artwork, text and graphics, designs and Flash animations of this site, manual and/or disk are the copyright and/or trademark of ArtOfDesigning.com All rights reserved. This copyright does not supersede any copyrights that may exist in the designs, artwork and designs presented. These works are copyright and/or trademarked by the various owners. Any authorized reproduction of this material shall be reported to the original holder of said copyright or trademark.

Licensed ArtOfDesigning.com Resellers and approved ArtOfDesigning.com Sales Associates may utilize certain images and/or text from ArtOfDesigning.com Website in their marketing materials, but any such reproduction is subject to prior written permission by ArtOfDesigning.com and subsequent approval of the usage of same. Any further usage of images, text and/or graphics from this web site is expressly forbidden. Images and text that have been previously approved for all licensed resellers are available directly from the limited access area of the 'ArtOfDesigning.com' web site.

For further information on any of our terms and conditions, or would like information about licensing images and/or materials from ArtOfDesigning.com please contact us at gsm@ArtOfDesigning.com.