Terms Of Service

Overview

The following Terms and Conditions of Service apply to all products and services provided by Art of Life Unlimited (hereinafter referred to as A.O.L.U.) and in the event of any dispute are governed by the laws of North America. All work is carried out by A.O.L.U. on the understanding that the client has agreed to our terms and conditions. Copyright is retained by A.O.L.U. on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled. If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of A.O.L.U., unless specifically agreed in writing.

Source Files

We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request. Charges for design work do not cover the release of our copyright design source files, including but not restricted to indd, psd, AI, fla or other source files or raw code; if the Client requires these files for transfer to an in-house or other designer, they will be subject to a separate quotation or ‘buy-out’ charge.

Ownership

You, the client, have ownership of the final logo design for use in any media application that is beneficial to your business. A.O.L.U. retains the right to use the final logo, or any versions of the logo created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements. The client also gives A.O.L.U.  permission to use client’s full name, business address, and/or website address, for testimonial purposes on our website, or other business related media. The client understands that it is the client’s responsibility to copyright the logo design (www.copyright.gov ) and/or seek trademark (www.uspto.gov/main/trademarks.htm ).

Copyrights and Trademarks

By supplying text, images and other data to A.O.L.U. for inclusion in the customer’s website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner. Any artwork, images, or text supplied and/or designed by A.O.L.U. on behalf of the customer, will remain the property of A.O.L.U. and/or its suppliers unless otherwise agreed in writing. A license for use of the copyright material is granted to the customer solely for the project defined in the scope or request and not for any other purpose. The customer may request in writing from A.O.L.U., the necessary permission to use materials (for which A.O.L.U. holds the copyright) in forms other than for which it was originally supplied, and A.O.L.U. may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used. Any software, code, plugin or other third party material used in a web or digital project remains the property of the creator and any ongoing license fees or fees for upgrades are the responsibility of the client, not A.O.L.U. By supplying images, text, or any other data to A.O.L.U., the customer grants A.O.L.U. permission to use this material freely in the pursuit of the design. Should A.O.L.U., or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow A.O.L.U.to remove and/or replace the file on the site. The customer agrees to fully indemnify and hold A.O.L.U. free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services

Design Charges

Charges for design services to be provided by A.O.L.U. will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable payment of 50% of the quoted fee will become immediately due. Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work commences or is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.

Design Project Duration

Any indication given by A.O.L.U. of a design project’s duration is to be considered by the customer to be an estimation. A.O.L.U. cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by A.O.L.U. for the initial payment

Concepts

Within 7 business days of receiving your company information and deposit, A.O.L.U. will create up to three different logo concepts for your business. Logo designs will be submitted for your review via Email or Social Media unless otherwise negotiated. Upon receipt of your feedback on these designs, A.O.L.U.  will make any needed changes to your favorite of the three logo designs until you are completely satisfied. Up to three rounds of revision are included in quoted price. Further revisions will incur additional costs at A.O.L.U. current hourly rate.

Alterations

The customer agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge. The customer also agrees that A.O.L.U. holds no responsibility for any amendments made by any third party, before or after a design is published.

File Delivery

Once the final logo design is approved, the logo design will be made available to you as digital files (.jpg, .pdf, and .png graphic file formats). These files will be delivered via social media messenger/inbox, email, or in person on a thumb drive. Note: thumb drives do incur additional charges.

Payment

Payments may be made by online transfer, credit card (Visa, MasterCard) or Debit Card. Accounts which remain outstanding for 30 days after the date of invoice, will incur late payment interest charge at the 8% on the outstanding amount from the date due until the date of payment. Payments made by Paypal must be previously agreed and may be subject to an administration charge. Publication and/or release of work done by A.O.L.U. on behalf of the client, may not take place before cleared funds have been received.

Default

An account shall be considered default if it remains unpaid for 30 days from the date of invoice A.O.L.U. shall be entitled to remove A.O.L.U. ‘s and/or the customer’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries. Removal of such materials does not relieve the customer of its obligation to pay the due amount. Customers whose accounts become default agree to pay all A.O.L.U.‘s reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.

Cancellation

Cancellation of orders may be made initially by telephone contact, social media inbox/private message or e-mail. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by A.O.L.U. within 14 days of such instruction being issued, will be liable for the full quoted cost of the project. If services are terminated in the middle of a project, the client gets only what he/she has paid for at the date of termination. Without a signed assignment or exclusive license, the client will get only a nonexclusive license to use your work product. (Even if you have an assignment in your written contract, the assignment should be contingent on final and full payment for the work. So if the client terminates before the work is completed, the assignment will not be effective.) When the project is not finished the client will have no rights or claim on any drafts of work.

Website design only

A.O.L.U. requires that a template is approved by the customer before coding of a site commences. Once the template(s) for the web site are approved by the customer, coding will commence; any changes to navigation items, colors, structure or content that require changes to the template will incur an additional charge. Once web design is complete, A.O.L.U. will provide the customer with the opportunity to review the resulting work. A.O.L.U. will make one set of minor changes at no extra cost within 5 days of the start of the review period. Minor changes may include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, color schemes or any navigation features. Any minor changes can be notified to A.O.L.U. by e-mail. A.O.L.U. will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 5 days of the start of the review period.

Performance Liability

A.O.L.U. does not warrant that the functions supplied by logo design(s), consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the logo is with client. In no event will A.O.L.U. be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the reproduction of, or appearance of the logo, even if PPD has been advised of the possibility of such damages.

Indemnification

You agree to indemnify, defend and hold harmless A.O.L.U. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Disclaimer

A.O.L.U. makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. A.O.L.U. will not be held responsible for any and all damages resulting from products and/or services it supplies. A.O.L.U. is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold A.O.L.U. responsible for any such loss or damage. Any claim against A.O.L.U. shall be limited to the relevant fee(s) paid by the customer.

A.O.L.U. reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. A.O.L.U. will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at mrfails@aolu.me

NOTE: Before you confirm your agreement to these terms, please make sure you understand all of the above agreement. Should you have any questions or concerns regarding these terms, please contact us before advising us of acceptance.