Please read these Terms of Service (“Terms”, “Terms of Use”, “Terms of Service”) carefully before using the https://graphiators.com/ website (together or individually the “Service”) owned and operated by Graphiators LLC (“Company”, “we”, “our”, “us”).
Your access to and use of the Service and all electronic and digital products created by us or made available through the Service (together or individually the “Product”) is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access and/or use the Service and Product.
Our Privacy Policy also governs your use of our Service and Product and explains how we collect, safeguard and disclose information that results from your use of our Service.
Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). By accessing and/or using the Service and/or Product, you acknowledge that you have read and understood Agreements, and agree to be bound by them. If you disagree with or cannot comply with any part of the Agreements, then you may not access and/or use the Service and Product. In such cases, please email “support@graphiators.com” so we can contractually agree on a solution that allows you to access and/or use the Service and Products.
Since we offer different services on our website. Terms and conditions for these programs are enlisted on this page separately. By purchasing or using any of the services through our website you agree to the relevant purchase agreement according to the services you have purchased.
In this agreement, the “service provider” is referred to as ” Graphiators” and the purchaser of services at graphiators.com is referred to as the “client”
By engaging Graphiators’s logo design service, the client agrees to these terms and conditions outlined above.
Please note that terms and conditions may vary depending on the specific details of the project.
1.1 Description of Services: The Service Provider agrees to provide Logo design services as described in Exhibit A, attached hereto. The parties shall adhere to the project scope, specifications, and any other requirements outlined in Exhibit A.
1.2 Timeline: The project timeline, including milestones, deliverables, and completion date, is outlined in Exhibit B, attached hereto. Any changes to the timeline must be agreed upon in writing by both parties through email communication.
2.1 Compensation: In consideration for the services rendered, the Client agrees to pay the Service Provider as described in Exhibit C, attached hereto. The total project cost and payment schedule are detailed in Exhibit C.
2.2 Payment Terms: Payment shall be made in accordance with the terms specified in Exhibit C. Late payments may be subject to additional fees or interest, as specified in Exhibit C.
3.1 Ownership: The Client shall own all rights to the logo design upon full and final payment. Until payment is received in full, the Service Provider retains ownership of all development materials and data but not limited to development materials and data. The Service Provider grants the Client a non-exclusive, worldwide license to use the logo and supporting branding materials upon full payment.
3.2 Third-Party Services: If third-party services or platforms are used, their ownership and services shall be specified in Exhibit D, attached hereto.
4.1 Cooperation: The Client shall cooperate with the Service Provider, providing necessary materials, feedback, and approvals promptly. Delays caused by the Client may affect the project timeline, and any resulting costs shall be outlined in Exhibit A.
4.2 Content: The Client is responsible for providing all content, including text, images, and other media, unless otherwise specified in Exhibit A.
Both parties agree to maintain the confidentiality of any proprietary or sensitive information disclosed during this project. This includes project details, financial information, and any other confidential data.
6.1 Functionality: The Service Provider warrants that the logo design will function as described in Exhibit A following the project’s completion. In case of ongoing revisions, the Warranty will be extended until the project is managed by the service provider. If any defects arise within this period, the Service Provider shall rectify them at no additional cost to the Client.
6.2 Third-Party Products/Services: The Service Provider does not provide warranties for any third-party products or services used in the project. Any warranty claims must be directed to the respective third-party providers.
The total liability of the Service Provider for any claims, damages, or losses arising from this Agreement shall be limited to the total amount paid by the Client under this Agreement. The Service Provider shall not be liable for any consequential, indirect, or incidental damages.
8.1 Termination for Convenience: Either party may terminate this Agreement with written notice. If the Client terminates the Agreement for convenience, the Client shall compensate the Service Provider for the work performed up to the termination date, as outlined in Exhibit E.
8.2 Termination for Cause: Either party may terminate this Agreement for cause if the other party breaches a material term of this Agreement and fails to remedy the breach within 10 days following written notice of the breach.
In the event of a dispute, the parties agree to resolve it through mediation or arbitration as specified in Exhibit F, attached hereto.
This Agreement shall be governed by and construed in accordance with the laws of the United States.
This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements and understandings, whether written or oral.
IN WITNESS WHEREOF, the parties hereto have executed Logo Design project agreement as of the date of their purchase using www.graphiators.com
Exhibit A: Description of Services
1. Logo Designing:
1.1 The Service Provider shall design a logo or multiple logo concepts for the Client in accordance with the specifications and requirements discussed and agreed upon by both parties. Any add-ons purchased by the client will also be included in the final delivery.
1.2: Initiation of the designing process will begin once the deposit has been received by the Service Provider.
1.3: The logo design service includes a collaborative process between the client and the Service Provider. The client will be provided with initial logo concepts based on the client’s brief and requirements.
1.4 The initial draft will be presented to the Client for review and approval. The Client is entitled to 10 rounds of revisions within 05 days following the recently presented design options. Revisions can be requested to ensure satisfaction regarding the final delivery.
1.5 Any revisions beyond the allocated 10 rounds may be subject to additional charges at the discretion of the Service Provider. The client will be informed of any additional costs before proceeding with further revisions.
1.6 Once the client approves the final logo design, the client will receive all necessary files and rights to the approved logo design.
1.7 If the client has purchased additional items on top of the logo design package, they will be worked upon once the logo is finalized and all the files will be shared with the client during the final delivery.
2. Client Responsibilities:
2.1 The Client shall provide the Service Provider with all necessary access, content, and information required for the designing of the logo.
2.2 The client is responsible for providing feedback and revision requests within 5 business days from the date of receiving each round of logo concepts or design revisions. Failure to respond within this specified timeframe may result in the project being marked as complete.
2.3 The Client shall ensure that all necessary business/product information is accurate and up to date.
2.4 In case of purchase of additional items, client is responsible for providing the necessary data and information required for the successful layout and designing of the purchased items.
3. Payment:
Payment for the services provided under this Agreement shall be as specified in Exhibit C: Payment Terms.
4. Ownership:
4.1 The Client shall own all rights to the finalized design upon full payment. However, any unused logo concepts and drafts remain the property of the Service Provider.
4.2 Until full payment is received, the Service Provider retains ownership of all the designs.
Exhibit B: Project Timeline:
The Service Provider will provide an estimated timeline for the logo design project, which may vary depending on the complexity of the design and the client’s timely feedback during the revision process.
Project timeline will be as follows:
Milestone 1: Initial discussion and preparation of initial design concept(s). To be completed in the decided timeline.
Milestone 2: Revisions to the selected design or preparation of another design option if the initial concept was completely rejected. To be completed in 02-03 business days provided that the client shares timely feedback and sufficient information to accomplish this milestone.
Milestone 3: Finalization of the design by preparation of the final design files as included in the package and delivery to the client.
Exhibit C: Payment Terms
The Client agrees to make payments to the Service Provider as follows:
Total Service Payment: according to the checkout amount.
Payment Method:
Account Name: Graphiators LLC
Account Number: 567022259
Routing Number: 021202337
Client can also make their Upfront payment directly on the service provider’s website at www.graphiators.com using their credit/debit card.
Late Payments: In the event of late payment, the Client agrees to pay a late fee of 2.5% per late fee on the outstanding balance, beginning from the date payment was originally due. Additionally, the Client acknowledges that late payments may result in project delays, and any such delays are outlined in Exhibit A.
Exhibit D: Third-Party Materials:
The above-mentioned project may incorporate third-party materials, which include but are not limited to the following:
Third-Party Content: The logo design may include third-party content, such as stock images, fonts or other media for the preparation of the mockup image. The licensing terms for these materials will be specified in Exhibit D or provided by the Service Provider.
Third-Party Services: If the project involves third-party services, such as animation, embroidery but not limited to these, then the Client shall be responsible for the associated costs and compliance with the terms and conditions of those services.
Exhibit E: Termination Terms:
This Exhibit outlines the terms and conditions regarding the termination of the above-mentioned project.
Termination for Convenience:
1.1 Either the Client or the Service Provider may terminate this Agreement for convenience by providing written notice to the other party. The termination shall take effect 15 days from the date of the notice.
1.2 If the Client terminates this Agreement for convenience:
1.2.1 The Client shall compensate the Service Provider for the work performed up to the termination date, as outlined in Exhibit C.
1.2.2 Any costs or fees incurred by the Service Provider due to the termination shall be the responsibility of the Client.
1.3 If the Service Provider terminates this Agreement for convenience, any unused funds already paid by the Client shall be refunded promptly.
Termination for Cause:
2.1 Either party may terminate this Agreement for cause if the other party breaches a material term of this Agreement and fails to remedy the breach within 05 days following written notice of the breach.
2.2 If the Service Provider terminates this Agreement for cause:
2.2.1 The Service Provider shall promptly refund any unused funds already paid by the Client.
2.2.2 The Service Provider shall not be liable for any damages or losses resulting from the termination.
2.3 If the Client terminates this Agreement for cause:
2.3.1 The Client shall compensate the Service Provider for the work performed up to the termination date, as outlined in Exhibit C.
2.3.2 The Client may pursue remedies available by law or under the Agreement for any damages incurred due to the Service Provider’s breach.
Termination in the Event of Force Majeure:
3.1 In the event of force majeure, which includes but is not limited to acts of God, natural disasters, war, strikes, or other events beyond the control of either party, the parties shall be excused from their obligations under this Agreement, and the Agreement may be terminated without liability.
Consequences of Termination:
4.1 Upon termination, both parties shall return any confidential information and materials belonging to the other party.
4.2 The termination of this Agreement shall not affect any rights, obligations, or liabilities that have accrued before termination or that, by their nature, should survive termination.
Exhibit F: Dispute Resolution
This Exhibit outlines the procedures for resolving disputes that may arise during the execution of this above-mentioned agreement.
1. Mediation:
1.1 If any dispute arises between the Client and the Service Provider under this Agreement, either party may provide written notice to the other party describing the nature of the dispute.
1.2 Upon receipt of such notice, the parties shall make reasonable efforts to resolve the dispute amicably through mediation. The mediation shall be conducted by a mutually agreed-upon mediator.
1.3 The mediation shall take place within 10 days from the date of the notice of dispute. Both parties shall cooperate in good faith with the mediator to seek a resolution.
1.4 The costs of the mediation, including mediator fees, shall be shared equally by the parties unless otherwise agreed in writing.
2. Arbitration:
2.1 The arbitration shall take place in an online meeting. The arbitrator’s decision shall be final and binding on both parties.
2.2 Each party shall bear its costs associated with the arbitration. The costs of the arbitration, including arbitrator fees and administrative fees, shall be shared equally by the parties unless otherwise determined by the arbitrator.
3. Governing Law:
3.1 This dispute resolution process shall be governed by and conducted in accordance with the laws of the United States.
4. Injunctive Relief:
4.1 Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent any breach or threatened breach of this Agreement, without the need to go through the mediation and arbitration process described herein.
5. Confidentiality:
5.1 All communications made during the mediation and arbitration process shall be confidential and may not be disclosed to any third party, except as required by law or to enforce or challenge the arbitration award.
6. Costs:
6.1 Each party shall be responsible for its own attorney’s fees and other costs associated with the dispute resolution process.
Exhibit G: Refunds:
1. General Refund Policy:
1.1 Eligibility for Refund: Clients may be eligible for a refund in accordance with this policy if the services provided do not meet the agreed-upon specifications outlined in the above-mentioned project.
1.2 Refund Process: To request a refund, clients must contact our customer support team at Support@graphiators.com within 30 days from the execution date of this agreement. Requests made after this period may not be considered.
1.3 Refund Determination: The Service Provider will assess refund requests on a case-by-case basis. We reserve the right to accept or decline a refund request based on the merits of the case.
1.4 Partial Refunds: In certain cases, where only a portion of the services has not been delivered as expected, a partial refund may be issued.
2. Non-Eligibility for Refund:
2.1 Change of Mind: Refunds will not be issued for a change of mind or circumstances unrelated to the quality of the services provided. We encourage clients to thoroughly review and discuss their requirements before entering into the above-mentioned project.
2.2 Third-Party Services: Costs related to third-party services, including but not limited to font license purchase, vector purchase, stock images or any licensing fees, are non-refundable, and the Service Provider is not responsible for any refunds from third-party providers.
2.3 Force Majeure: The Service Provider is not liable for refunds in cases of force majeure, which includes acts of God, natural disasters, war, strikes, or other events beyond our control that prevent the completion of the project.
3. Refund Disbursement:
3.1 Method of Refund: Refunds, if approved, will be processed using the same method used for the initial payment. If this is not feasible, alternative refund methods may be considered.
3.2 Refund Timeline: Refunds will be processed within 15 business days from the date the refund request is approved.
4. Dispute Resolution:
4.1 Mediation and Arbitration: If a client is dissatisfied with the Service Provider’s decision regarding a refund request, the dispute resolution process outlined in Exhibit shall apply.
Exhibit H: Chargeback and Fraud Policy
1. Chargebacks:
1.1 Unauthorized Chargebacks: The Service Provider takes chargebacks seriously and will investigate any claim made by a Client. If the Client initiates a chargeback without attempting to resolve the issue through our customer support, the Service Provider reserves the right to challenge the chargeback and provide evidence of services rendered.
1.2 Unjustified Chargebacks: Clients are prohibited from initiating chargebacks for services that have been provided as agreed upon in the above-mentioned project agreement. In the event of an unjustified chargeback, the Client shall be responsible for covering all associated costs, including chargeback fees, legal fees, and any other costs incurred by the Service Provider.
1.3 Legal Action: In cases of unjustified chargebacks or fraudulent claims, the Service Provider may pursue legal action to recover the full amount of the chargeback, as well as any additional damages or costs.
2. Fraudulent Activity:
2.1 Identity Verification: The Service Provider reserves the right to verify the identity of the Client and to request additional documentation as necessary to prevent fraudulent activity. Failure to comply with these requests may result in the termination of services.
2.2 Fraudulent Orders: The Service Provider will investigate any potential fraudulent activity related to orders or payments. If fraudulent activity is suspected, the Service Provider may suspend services, initiate a refund, or take other appropriate actions.
2.3 Legal Action: In cases of fraud, the Service Provider may pursue legal action to recover losses and damages, and report the fraudulent activity to the relevant authorities.
3. Agreement to Terms:
By entering into the above-mentioned Agreement with the Service Provider, the Client acknowledges and agrees to the terms and conditions outlined in this Chargeback and Fraud Policy.
In this agreement, the “service provider” is referred to as ” Graphiators” and the purchaser of services at graphiators.com is referred to as the “client”
By engaging Graphiators’s Website Design & Development service, the client agrees to these terms and conditions outlined above.
Please note that terms and conditions may vary depending on the specific details of the project.
1. SERVICES
1.1 Description of Services: The Service Provider agrees to provide Website Design & Development services as described in Exhibit A, attached hereto. The parties shall adhere to the project scope, specifications, and any other requirements outlined in Exhibit A.
1.2 Timeline: The project timeline, including milestones, deliverables, and completion date, is outlined in Exhibit B, attached hereto. Any changes to the timeline must be agreed upon in writing by both parties through email communication.
2. PAYMENT:
2.1 Compensation: In consideration for the services rendered, the Client agrees to pay the Service Provider as described in Exhibit C, attached hereto. The total project cost and payment schedule are detailed in Exhibit C.
2.2 Payment Terms: Payment shall be made in accordance with the terms specified in Exhibit C. Late payments may be subject to additional fees or interest, as specified in Exhibit C.
3. INTELLECTUAL PROPERTY
3.1 Ownership: The Client shall own all rights to the Website Design & Development upon full and final payment. Until payment is received in full, the Service Provider retains ownership of all development materials and data but not limited to development materials and data. The Service Provider grants the Client a non-exclusive, worldwide license to use development materials upon full payment.
3.2 Third-Party Services: If third-party services or platforms are used, their ownership and services shall be specified in Exhibit D, attached hereto.
4. CLIENT RESPONSIBILITIES
4.1 Cooperation: The Client shall cooperate with the Service Provider, providing necessary materials, feedback, and approvals promptly. Delays caused by the Client may affect the project timeline, and any resulting costs shall be outlined in Exhibit A.
4.2 Content: The Client is responsible for providing all content, including text, images, and other media, unless otherwise specified in Exhibit A.
5. CONFIDENTIALITY
Both parties agree to maintain the confidentiality of any proprietary or sensitive information disclosed during this project. This includes project details, financial information, and any other confidential data.
6. WARRANTY
6.1 Functionality: The Service Provider warrants that the Website will function as described in Exhibit A following the project’s completion. In case of ongoing revisions, the Warranty will be extended until the project is managed by the service provider. If any defects arise within this period, the Service Provider shall rectify them at no additional cost to the Client.
6.2 Third-Party Products/Services: The Service Provider does not provide warranties for any third-party products or services used in the project. Any warranty claims must be directed to the respective third-party providers.
7. LIABILITY
The total liability of the Service Provider for any claims, damages, or losses arising from this Agreement shall be limited to the total amount paid by the Client under this Agreement. The Service Provider shall not be liable for any consequential, indirect, or incidental damages.
8. TERMINATION
8.1 Termination for Convenience: Either party may terminate this Agreement with written notice. If the Client terminates the Agreement for convenience, the Client shall compensate the Service Provider for the work performed up to the termination date, as outlined in Exhibit E.
8.2 Termination for Cause: Either party may terminate this Agreement for cause if the other party breaches a material term of this Agreement and fails to remedy the breach within 10 days following written notice of the breach.
9. DISPUTE RESOLUTION
In the event of a dispute, the parties agree to resolve it through mediation or arbitration as specified in Exhibit F, attached hereto.
10. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the United States.
11. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements and understandings, whether written or oral.
IN WITNESS WHEREOF, the parties hereto have executed Logo Design project agreement as of the date of their purchase using www.graphiators.com
Exhibit A: Description of Services:
1. Website Design & Development:
1.1 The Service Provider shall design and develop a Website for the Client in accordance with the specifications and requirements discussed and agreed upon by both parties. Any add-ons purchased by the client will also be included in the final delivery.
1.2: Initiation of the website designing process will begin once the deposit has been received by the Service Provider.
1.3: The website design & development service includes a collaborative process between the client and the Service Provider. The client will be provided with initial website draft based on the client’s brief and requirements.
1.4 The initial draft will be presented to the Client for review and approval. The Client is entitled to a number of revisions based on the purchased package. Revisions can be requested to ensure satisfaction regarding the final delivery.
1.5 Any revisions beyond the allocated rounds in the package may be subject to additional charges at the discretion of the Service Provider. The client will be informed of any additional costs before proceeding with further revisions.
1.6 Once the client approves the final website, the website will be migrated to the client’s domain & hosting and the client will receive the admin panel details to the CMS.
1.7 If the client has purchased additional items on top of the website design & development package, they will be worked upon once the website is finalized and all the information including Admin Panel credentials will be shared with the client during the final delivery.
2. Client Responsibilities:
2.1 The Client shall provide the Service Provider with all necessary access, content, and information required for the designing & development of the website.
2.2 The client is responsible for providing feedback and revision requests within 5 business days from the date of receiving each round of delivery. Failure to respond within this specified timeframe may result in the project being marked as complete.
2.3 The Client shall ensure that all necessary business/product information is accurate and up to date.
2.4 In case of purchase of additional items, client is responsible for providing the necessary data and information required for the successful layout and implementation of the purchased items.
3. Payment:
Payment for the services provided under this Agreement shall be as specified in Exhibit C: Payment Terms.
4. Ownership:
4.1 The Client shall own all rights to the finalized website upon full payment. However, any unused variations and drafts remain the property of the Service Provider.
4.2 Until full payment is received, the Service Provider retains ownership of all the design and development materials.
Exhibit B: Project Timeline:
The Service Provider will provide an estimated timeline for the website design & development project, which may vary depending on the complexity of the website and the client’s timely feedback during the revision process.
Project timeline will be as follows:
Milestone 1: Initial discussion and preparation of initial website draft. To be completed in the decided timeline.
Milestone 2: Revisions to the website based on the client’s feedback. To be completed in 05-07 business days depending on the complexity of the revision and provided that the client shares timely feedback and sufficient information to accomplish this milestone.
Milestone 3: Finalization of the website by performing final optimizations as included in the package and delivery to the client after migration of the website to the provided web domain & hosting account.
Exhibit C: Payment Terms
The Client agrees to make payments to the Service Provider as follows:
Total Service Payment: according to the checkout amount.
Payment Method:
Account Name: Graphiators LLC
Account Number: 567022259
Routing Number: 021202337
Client can also make their Upfront payment directly on the service provider’s website at www.graphiators.com using their credit/debit card.
Late Payments: In the event of late payment, the Client agrees to pay a late fee of 2.5% per late fee on the outstanding balance, beginning from the date payment was originally due. Additionally, the Client acknowledges that late payments may result in project delays, and any such delays are outlined in Exhibit A.
Exhibit D: Third-Party Materials:
The above-mentioned project may incorporate third-party materials, which include but are not limited to the following:
Third-Party Content: The Website may include third-party content, such as stock images, fonts, plugins or other media for the preparation of the website. The licensing terms for these materials will be specified in Exhibit D or provided by the Service Provider.
Third-Party Services: If the project involves third-party services, such as SEO, Marketing, hosting charges, domain charges but not limited to these, then the Client shall be responsible for the associated costs and compliance with the terms and conditions of those services.
Exhibit E: Termination Terms:
This Exhibit outlines the terms and conditions regarding the termination of the above-mentioned project.
Termination for Convenience:
1.1 Either the Client or the Service Provider may terminate this Agreement for convenience by providing written notice to the other party. The termination shall take effect 15 days from the date of the notice.
1.2 If the Client terminates this Agreement for convenience:
1.2.1 The Client shall compensate the Service Provider for the work performed up to the termination date, as outlined in Exhibit C.
1.2.2 Any costs or fees incurred by the Service Provider due to the termination shall be the responsibility of the Client.
1.3 If the Service Provider terminates this Agreement for convenience, any unused funds already paid by the Client shall be refunded promptly.
Termination for Cause:
2.1 Either party may terminate this Agreement for cause if the other party breaches a material term of this Agreement and fails to remedy the breach within 05 days following written notice of the breach.
2.2 If the Service Provider terminates this Agreement for cause:
2.2.1 The Service Provider shall promptly refund any unused funds already paid by the Client.
2.2.2 The Service Provider shall not be liable for any damages or losses resulting from the termination.
2.3 If the Client terminates this Agreement for cause:
2.3.1 The Client shall compensate the Service Provider for the work performed up to the termination date, as outlined in Exhibit C.
2.3.2 The Client may pursue remedies available by law or under the Agreement for any damages incurred due to the Service Provider’s breach.
Termination in the Event of Force Majeure:
3.1 In the event of force majeure, which includes but is not limited to acts of God, natural disasters, war, strikes, or other events beyond the control of either party, the parties shall be excused from their obligations under this Agreement, and the Agreement may be terminated without liability.
Consequences of Termination:
4.1 Upon termination, both parties shall return any confidential information and materials belonging to the other party.
4.2 The termination of this Agreement shall not affect any rights, obligations, or liabilities that have accrued before termination or that, by their nature, should survive termination.
Exhibit F: Dispute Resolution
This Exhibit outlines the procedures for resolving disputes that may arise during the execution of this above-mentioned agreement.
1. Mediation:
1.1 If any dispute arises between the Client and the Service Provider under this Agreement, either party may provide written notice to the other party describing the nature of the dispute.
1.2 Upon receipt of such notice, the parties shall make reasonable efforts to resolve the dispute amicably through mediation. The mediation shall be conducted by a mutually agreed-upon mediator.
1.3 The mediation shall take place within 10 days from the date of the notice of dispute. Both parties shall cooperate in good faith with the mediator to seek a resolution.
1.4 The costs of the mediation, including mediator fees, shall be shared equally by the parties unless otherwise agreed in writing.
2. Arbitration:
2.1 The arbitration shall take place in an online meeting. The arbitrator’s decision shall be final and binding on both parties.
2.2 Each party shall bear its costs associated with the arbitration. The costs of the arbitration, including arbitrator fees and administrative fees, shall be shared equally by the parties unless otherwise determined by the arbitrator.
3. Governing Law:
3.1 This dispute resolution process shall be governed by and conducted in accordance with the laws of the United States.
4. Injunctive Relief:
4.1 Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent any breach or threatened breach of this Agreement, without the need to go through the mediation and arbitration process described herein.
5. Confidentiality:
5.1 All communications made during the mediation and arbitration process shall be confidential and may not be disclosed to any third party, except as required by law or to enforce or challenge the arbitration award.
6. Costs:
6.1 Each party shall be responsible for its own attorney’s fees and other costs associated with the dispute resolution process.
Exhibit G: Refunds:
1. General Refund Policy:
1.1 Eligibility for Refund: Clients may be eligible for a refund in accordance with this policy if the services provided do not meet the agreed-upon specifications outlined in the above-mentioned project.
1.2 Refund Process: To request a refund, clients must contact our customer support team at support@graphiators.com within 30 days from the execution date of this agreement. Requests made after this period may not be considered.
1.3 Refund Determination: The Service Provider will assess refund requests on a case-by-case basis. We reserve the right to accept or decline a refund request based on the merits of the case.
1.4 Partial Refunds: In certain cases, where only a portion of the services has not been delivered as expected, a partial refund may be issued.
2. Non-Eligibility for Refund:
2.1 Change of Mind: Refunds will not be issued for a change of mind or circumstances unrelated to the quality of the services provided. We encourage clients to thoroughly review and discuss their requirements before entering into the above-mentioned project.
2.2 Third-Party Services: Costs related to third-party services, including but not limited to font license purchase, vector purchase, hosting purchase, domain name purchase, plugin purchase or any licensing fees that is related to client’s request are non-refundable, and the Service Provider is not responsible for any refunds from third-party providers.
2.3 Force Majeure: The Service Provider is not liable for refunds in cases of force majeure, which includes acts of God, natural disasters, war, strikes, or other events beyond our control that prevent the completion of the project.
3. Refund Disbursement:
3.1 Method of Refund: Refunds, if approved, will be processed using the same method used for the initial payment. If this is not feasible, alternative refund methods may be considered.
3.2 Refund Timeline: Refunds will be processed within 15 business days from the date the refund request is approved.
4. Dispute Resolution:
4.1 Mediation and Arbitration: If a client is dissatisfied with the Service Provider’s decision regarding a refund request, the dispute resolution process outlined in Exhibit shall apply.
Exhibit H: Chargeback and Fraud Policy
1. Chargebacks:
1.1 Unauthorized Chargebacks: The Service Provider takes chargebacks seriously and will investigate any claim made by a Client. If the Client initiates a chargeback without attempting to resolve the issue through our customer support, the Service Provider reserves the right to challenge the chargeback and provide evidence of services rendered.
1.2 Unjustified Chargebacks: Clients are prohibited from initiating chargebacks for services that have been provided as agreed upon in the above-mentioned project agreement. In the event of an unjustified chargeback, the Client shall be responsible for covering all associated costs, including chargeback fees, legal fees, and any other costs incurred by the Service Provider.
1.3 Legal Action: In cases of unjustified chargebacks or fraudulent claims, the Service Provider may pursue legal action to recover the full amount of the chargeback, as well as any additional damages or costs.
2. Fraudulent Activity:
2.1 Identity Verification: The Service Provider reserves the right to verify the identity of the Client and to request additional documentation as necessary to prevent fraudulent activity. Failure to comply with these requests may result in the termination of services.
2.2 Fraudulent Orders: The Service Provider will investigate any potential fraudulent activity related to orders or payments. If fraudulent activity is suspected, the Service Provider may suspend services, initiate a refund, or take other appropriate actions.
2.3 Legal Action: In cases of fraud, the Service Provider may pursue legal action to recover losses and damages, and report the fraudulent activity to the relevant authorities.
3. Agreement to Terms:
By entering into the above-mentioned Agreement with the Service Provider, the Client acknowledges and agrees to the terms and conditions outlined in this Chargeback and Fraud Policy.
In this agreement, the “service provider” is referred to as ” Graphiators” and the purchaser of services at graphiators.com is referred to as the “client”
1. SERVICES
1.1 Description of Services: The Service Provider agrees to provide Complete Branding Package services as described in Exhibit A, attached hereto. The parties shall adhere to the project scope, specifications, and any other requirements outlined in Exhibit A.
1.2 Timeline: The project timeline, including milestones, deliverables, and completion date, is outlined in Exhibit B, attached hereto. Any changes to the timeline must be agreed upon in writing by both parties through email communication.
2. PAYMENT:
2.1 Compensation: In consideration for the services rendered, the Client agrees to pay the Service Provider as described in Exhibit C, attached hereto. The total project cost and payment schedule are detailed in Exhibit C.
2.2 Payment Terms: Payment shall be made in accordance with the terms specified in Exhibit C. Late payments may be subject to additional fees or interest, as specified in Exhibit C.
3. INTELLECTUAL PROPERTY
3.1 Ownership: The Client shall own all rights to the Complete Branding Package upon full and final payment. Until payment is received in full, the Service Provider retains ownership of all development materials and data but not limited to development materials and data. The Service Provider grants the Client a non-exclusive, worldwide license to use the logo and supporting branding materials upon full payment.
3.2 Third-Party Services: If third-party services or platforms are used, their ownership and services shall be specified in Exhibit D, attached hereto.
4. CLIENT RESPONSIBILITIES
4.1 Cooperation: The Client shall cooperate with the Service Provider, providing necessary materials, feedback, and approvals promptly. Delays caused by the Client may affect the project timeline, and any resulting costs shall be outlined in Exhibit A.
4.2 Content: The Client is responsible for providing all content, including text, images, and other media, unless otherwise specified in Exhibit A.
5. CONFIDENTIALITY
Both parties agree to maintain the confidentiality of any proprietary or sensitive information disclosed during this project. This includes project details, financial information, and any other confidential data.
6. WARRANTY
6.1 Functionality: The Service Provider warrants that the Complete Branding Package will function as described in Exhibit A following the project’s completion. In case of ongoing revisions, the Warranty will be extended until the project is managed by the service provider. If any defects arise within this period, the Service Provider shall rectify them at no additional cost to the Client.
6.2 Third-Party Products/Services: The Service Provider does not provide warranties for any third-party products or services used in the project. Any warranty claims must be directed to the respective third-party providers.
7. LIABILITY
The total liability of the Service Provider for any claims, damages, or losses arising from this Agreement shall be limited to the total amount paid by the Client under this Agreement. The Service Provider shall not be liable for any consequential, indirect, or incidental damages.
8. TERMINATION
8.1 Termination for Convenience: Either party may terminate this Agreement with written notice. If the Client terminates the Agreement for convenience, the Client shall compensate the Service Provider for the work performed up to the termination date, as outlined in Exhibit E.
8.2 Termination for Cause: Either party may terminate this Agreement for cause if the other party breaches a material term of this Agreement and fails to remedy the breach within 10 days following written notice of the breach.
9. DISPUTE RESOLUTION
In the event of a dispute, the parties agree to resolve it through mediation or arbitration as specified in Exhibit F, attached hereto.
10. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the United States.
11. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements and understandings, whether written or oral.
IN WITNESS WHEREOF, the parties hereto have executed Complete Branding Package project agreement as of the date of their purchase using www.graphiators.com
1. Complete Branding Package:
1.1 The Service Provider shall design a logo or multiple logo concepts for the Client in accordance with the specifications and requirements discussed and agreed upon by both parties. All the other items included in the branding package will also be worked upon and included in the final delivery.
1.2: Initiation of the designing process will begin once the deposit has been received by the Service Provider.
1.3: The Complete Branding Package service includes a collaborative process between the client and the Service Provider. The client will be provided with initial logo concept(s) based on the client’s brief and requirements.
1.4 The initial draft will be presented to the Client for review and approval. The Client is entitled to 10 rounds of revisions within 05 days following the recently presented design options. Revisions can be requested to ensure satisfaction regarding the final delivery. The branding items will be entitled to a maximum of 5 revisions within 05 days following the recently presented option(s).
1.5 Any revisions beyond the allocated 10 rounds may be subject to additional charges at the discretion of the Service Provider. Any revision beyond the allocated 05 rounds for the branding items may be subject to additional charges as well. The client will be informed of any additional costs before proceeding with further revisions.
1.6 Once the client approves the final Branding Package Items, the client will receive all necessary files and rights to the approved Branding Package Items.
1.7 If the client has purchased additional items on top of the Branding package, they will be worked upon once the logo is finalized and all the files will be shared with the client during the final delivery.
2. Client Responsibilities:
2.1 The Client shall provide the Service Provider with all necessary access, content, and information required for the designing of the logo and all the other items included in the branding package.
2.2 The client is responsible for providing feedback and revision requests within 5 business days from the date of receiving each round of logo concepts or design revisions. Failure to respond within this specified timeframe may result in the project being marked as complete.
2.3 The Client shall ensure that all necessary business/product information is accurate and up to date.
2.4 In case of purchase of additional items, client is responsible for providing the necessary data and information required for the successful layout and designing of the purchased items.
3. Payment:
Payment for the services provided under this Agreement shall be as specified in Exhibit C: Payment Terms.
4. Ownership:
4.1 The Client shall own all rights to the finalized design upon full payment. However, any unused logo concepts, branding material design options and drafts remain the property of the Service Provider.
4.2 Until full payment is received, the Service Provider retains ownership of all the designs.
Exhibit B: Project Timeline:
The Service Provider will provide an estimated timeline for the Complete Branding Package project, which may vary depending on the complexity of the designs and the client’s timely feedback during the revision process.
Project timeline will be as follows:
Milestone 1: Initial discussion and preparation of initial design concept(s). To be completed in the decided timeline.
Milestone 2: Revisions to the selected design or preparation of another design option if the initial concept was completely rejected. To be completed in 02-03 business days provided that the client shares timely feedback and sufficient information to accomplish this milestone.
Milestone 3: Finalization of the design by preparation of the final design files as included in the package and delivery to the client.
Milestone 4: Designing of the remaining items included in the package. Gathering of necessary information for successful design execution of these items.
Milestone 5: Revisions to the branding items or presentation of alternate design option for the items if the design is completely rejected. To be completed in 03-04 business days.
Milestone 6: Finalization of the complete package including the logo design and branding items and successful delivery to the client.
Exhibit C: Payment Terms
The Client agrees to make payments to the Service Provider as follows:
Total Service Payment: according to the checkout amount.
Payment Method:
Account Name: Graphiators LLC
Account Number: 567022259
Routing Number: 021202337
Client can also make their Upfront payment directly on the service provider’s website at www.graphiators.com using their credit/debit card.
Late Payments: In the event of late payment, the Client agrees to pay a late fee of 2.5% per late fee on the outstanding balance, beginning from the date payment was originally due. Additionally, the Client acknowledges that late payments may result in project delays, and any such delays are outlined in Exhibit A.
Exhibit D: Third-Party Materials:
The above-mentioned project may incorporate third-party materials, which include but are not limited to the following:
Third-Party Content: The Complete Branding Package may include third-party content, such as stock images, fonts or other media for the preparation of the mockup image. The licensing terms for these materials will be specified in Exhibit D or provided by the Service Provider.
Third-Party Services: If the project involves third-party services, such as animation, embroidery but not limited to these, then the Client shall be responsible for the associated costs and compliance with the terms and conditions of those services.
Exhibit E: Termination Terms:
This Exhibit outlines the terms and conditions regarding the termination of the above-mentioned project.
Termination for Convenience:
1.1 Either the Client or the Service Provider may terminate this Agreement for convenience by providing written notice to the other party. The termination shall take effect 15 days from the date of the notice.
1.2 If the Client terminates this Agreement for convenience:
1.2.1 The Client shall compensate the Service Provider for the work performed up to the termination date, as outlined in Exhibit C.
1.2.2 Any costs or fees incurred by the Service Provider due to the termination shall be the responsibility of the Client.
1.3 If the Service Provider terminates this Agreement for convenience, any unused funds already paid by the Client shall be refunded promptly.
Termination for Cause:
2.1 Either party may terminate this Agreement for cause if the other party breaches a material term of this Agreement and fails to remedy the breach within 05 days following written notice of the breach.
2.2 If the Service Provider terminates this Agreement for cause:
2.2.1 The Service Provider shall promptly refund any unused funds already paid by the Client.
2.2.2 The Service Provider shall not be liable for any damages or losses resulting from the termination.
2.3 If the Client terminates this Agreement for cause:
2.3.1 The Client shall compensate the Service Provider for the work performed up to the termination date, as outlined in Exhibit C.
2.3.2 The Client may pursue remedies available by law or under the Agreement for any damages incurred due to the Service Provider’s breach.
Termination in the Event of Force Majeure:
3.1 In the event of force majeure, which includes but is not limited to acts of God, natural disasters, war, strikes, or other events beyond the control of either party, the parties shall be excused from their obligations under this Agreement, and the Agreement may be terminated without liability.
Consequences of Termination:
4.1 Upon termination, both parties shall return any confidential information and materials belonging to the other party.
4.2 The termination of this Agreement shall not affect any rights, obligations, or liabilities that have accrued before termination or that, by their nature, should survive termination.
Exhibit F: Dispute Resolution
This Exhibit outlines the procedures for resolving disputes that may arise during the execution of this above-mentioned agreement.
1. Mediation:
1.1 If any dispute arises between the Client and the Service Provider under this Agreement, either party may provide written notice to the other party describing the nature of the dispute.
1.2 Upon receipt of such notice, the parties shall make reasonable efforts to resolve the dispute amicably through mediation. The mediation shall be conducted by a mutually agreed-upon mediator.
1.3 The mediation shall take place within 10 days from the date of the notice of dispute. Both parties shall cooperate in good faith with the mediator to seek a resolution.
1.4 The costs of the mediation, including mediator fees, shall be shared equally by the parties unless otherwise agreed in writing.
2. Arbitration:
2.1 The arbitration shall take place in an online meeting. The arbitrator’s decision shall be final and binding on both parties.
2.2 Each party shall bear its costs associated with the arbitration. The costs of the arbitration, including arbitrator fees and administrative fees, shall be shared equally by the parties unless otherwise determined by the arbitrator.
3. Governing Law:
3.1 This dispute resolution process shall be governed by and conducted in accordance with the laws of the United States.
4. Injunctive Relief:
4.1 Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent any breach or threatened breach of this Agreement, without the need to go through the mediation and arbitration process described herein.
5. Confidentiality:
5.1 All communications made during the mediation and arbitration process shall be confidential and may not be disclosed to any third party, except as required by law or to enforce or challenge the arbitration award.
6. Costs:
6.1 Each party shall be responsible for its own attorney’s fees and other costs associated with the dispute resolution process.
Exhibit G: Refunds:
1. General Refund Policy:
1.1 Eligibility for Refund: Clients may be eligible for a refund in accordance with this policy if the services provided do not meet the agreed-upon specifications outlined in the above-mentioned project.
1.2 Refund Process: To request a refund, clients must contact our customer support team at Support@graphiators.com within 30 days from the execution date of this agreement. Requests made after this period may not be considered.
1.3 Refund Determination: The Service Provider will assess refund requests on a case-by-case basis. We reserve the right to accept or decline a refund request based on the merits of the case.
1.4 Partial Refunds: In certain cases, where only a portion of the services has not been delivered as expected, a partial refund may be issued.
2. Non-Eligibility for Refund:
2.1 Change of Mind: Refunds will not be issued for a change of mind or circumstances unrelated to the quality of the services provided. We encourage clients to thoroughly review and discuss their requirements before entering into the above-mentioned project.
2.2 Third-Party Services: Costs related to third-party services, including but not limited to font license purchase, vector purchase, stock images or any licensing fees, are non-refundable, and the Service Provider is not responsible for any refunds from third-party providers.
2.3 Force Majeure: The Service Provider is not liable for refunds in cases of force majeure, which includes acts of God, natural disasters, war, strikes, or other events beyond our control that prevent the completion of the project.
3. Refund Disbursement:
3.1 Method of Refund: Refunds, if approved, will be processed using the same method used for the initial payment. If this is not feasible, alternative refund methods may be considered.
3.2 Refund Timeline: Refunds will be processed within 15 business days from the date the refund request is approved.
4. Dispute Resolution:
4.1 Mediation and Arbitration: If a client is dissatisfied with the Service Provider’s decision regarding a refund request, the dispute resolution process outlined in Exhibit shall apply.
Exhibit H: Chargeback and Fraud Policy
1. Chargebacks:
1.1 Unauthorized Chargebacks: The Service Provider takes chargebacks seriously and will investigate any claim made by a Client. If the Client initiates a chargeback without attempting to resolve the issue through our customer support, the Service Provider reserves the right to challenge the chargeback and provide evidence of services rendered.
1.2 Unjustified Chargebacks: Clients are prohibited from initiating chargebacks for services that have been provided as agreed upon in the above-mentioned project agreement. In the event of an unjustified chargeback, the Client shall be responsible for covering all associated costs, including chargeback fees, legal fees, and any other costs incurred by the Service Provider.
1.3 Legal Action: In cases of unjustified chargebacks or fraudulent claims, the Service Provider may pursue legal action to recover the full amount of the chargeback, as well as any additional damages or costs.
2. Fraudulent Activity:
2.1 Identity Verification: The Service Provider reserves the right to verify the identity of the Client and to request additional documentation as necessary to prevent fraudulent activity. Failure to comply with these requests may result in the termination of services.
2.2 Fraudulent Orders: The Service Provider will investigate any potential fraudulent activity related to orders or payments. If fraudulent activity is suspected, the Service Provider may suspend services, initiate a refund, or take other appropriate actions.
2.3 Legal Action: In cases of fraud, the Service Provider may pursue legal action to recover losses and damages, and report the fraudulent activity to the relevant authorities.
3. Agreement to Terms:
By entering into the above-mentioned Agreement with the Service Provider, the Client acknowledges and agrees to the terms and conditions outlined in this Chargeback and Fraud Policy.
