Terms of Service
1. INTRODUCTION Welcome to LEGITGraphicDesign.com website Terms of Service. We’re glad you chose us, and we wanted to let you know about these terms as they govern your use of the Site and the services we offer. Before we collect down payment, we require that you agree to these Terms of Service (“Terms” or “Agreement”). For the purpose of these Terms of Service, the words “we” & “us” refer to LEGITGraphicDesign.com. “You” means you, the person who is reading these Terms of Service.
2. PAYMENT When starting a project with LEGITGraphicDesign.com you will be required to sign a contract, and in doing so you agree to only provide truthful information. Providing false or inaccurate information may result in termination of contract. The contract will state quoted price, estimated time frame til completion, down payment information, and Project description. Down payment for new clients is 50% down and is non refundable once the project has been started. Down payment is due before the project can be started. Final payment is due immediately after the completion of the project. Delaying, stalling, or refusing to pay the final invoice may result in additional late fee of $59.00 or termination of contract. If modifications and additions exceed the hours and project description on the contract an additional invoice will be issued to cover the deficit. Failure to pay will take effect 2 weeks after project is completed. A Failure to pay will start with an official warning. Once an official warning is issued LEGITgraphicdesign.com may revoke work, art, and other intellectual property that has not been payed for. By “revoke” we will delete, modify, or restore all un-payed for work, art, and intellectual property.
By signing our contract you agree to pay for the services you requested, and that your credit card or other payment method will be honored. We retain any and all copyrights in any work we have done, and will not release or assign any interest in the intellectual property rights until we have been paid in full. We reserve the right to take any and all available actions against you, or others, for your failure to pay the amounts in full including, but not limited to, sending cease and desist notices, DMCA take downs, or filing injunctions to protect our rights.
3. CODE OF CONDUCT Clients must remain professional at all time. Rude, Insulting, or Demeaning comments or behavior will result in the termination of contract with no refund. Threats of direct or third party injury will result in legal action as well as termination of the contract with no refund. We have the right to refuse service and terminate your contract at any time due to code of conduct violations. Stalling payments on purpose is also considered a violation of the code of conduct. As well as purposely inflating the project past it’s agreed and contracted size. Infringe on others intellectual property rights, including copyrighted material and trademarks is also a violation of our code of conduct. An official code of conduct warning will be issued prior to taking action with the conduct violation clearly stated.
4. INTELLECTUAL PROPERTY We retain all rights to intellectual property until the final invoice is payed in full. Sending or using any intellectual property that is not payed for in full will result in the termination of the contract as well as legal action for fraud and infringement. All pictures, audio, video, artistic works, website layout(s), links, code, and all works of authorship, including all worldwide rights therein under patent, copyright, trade secret, or other property right, created or developed by LEGIT Design pursuant to this Agreement (collectively “Work Product”) specifically for Client shall remain the sole and exclusive property of LEGITGraphicDesign.com unless and until the balance owed to LEGIT Design is paid in full. Any work that is considered “proprietary” will remain the intellectual property of LEGIT Design and once paid in full Client shall receive a non-exclusive, revocable, license to use the proprietary work of LEGIT Design.
5. WAIVER The failure to enforce any provision of this Agreement will not constitute a waiver of this Agreement or of any breach that may occur or default.
6. INDEMNIFICIATION You agree that you will indemnify and defend LEGIT Design and its directors, officers, employees, agents, contractors against any liabilities, including reasonable attorneys’ fees and court fees and disbursements, which arise from or related to your use of LEGIT Graphic Design.com.
7. SURVIVAL OF AGREEMENT If any part of this Agreement is struck down or held to be unenforceable, the rest of the Agreement shall remain in full force and effect with the provision that has been stricken having been removed.
8. COPYRIGHT INFRINGEMENT LEGIT Design is opposed to copyright infringement. As such, we are registered in accordance with the Digital Millennium Copyright Act (“DMCA”) to receive notices of infringement. To send us a DMCA takedown notice, please contact:
C/O LEGIT Design
The DMCA notice should identify the name of the copyright owner and if applicable, your name if you are someone other than the owner, the title (and preferably URL, if Internet-based) of the work being infringed, the location of the infringing material on LEGIT Graphic Design.com, and the following statement:
I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law. The information in this notification is accurate and I swear, under penalty of perjury, that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You must sign the notice, and if you send it by e-mail, an electronic signature is fine.
9. NO REFUNDS AND NO GUARANTEES Under no circumstances will LEGIT Design be obligated to refund any payments. Furthermore, you agree that our services are not guaranteed, meaning that our work may not produce the results you desire, make you rich, or drive traffic to your site.
10. NO WAIVER OF ENFORCEABILITY We at LEGIT Design can be a pretty easygoing crowd, so we may, in our discretion, let breaches of these Terms of Service slide. However, that doesn’t mean that we’re relinquishing any of our rights to raise a dispute over those breaches in the future. Any failure of LEGIT Design to enforce any portion of the Terms of Service against you or anybody else is not an indication that we won’t enforce them in the future, and the relevant terms should be considered to remain in effect.
11. FORCE MAJEURE Even if we would otherwise be responsible for damages, you agree not to hold us liable for any damages caused to you that arise from circumstances beyond our control, including but not limited to acts of God, war, terrorism, riots, insurrection, acts of civil or military authorities, zombie attacks, fire, floods, accidents, strikes, failure of communications, or shortages of transportation facilities, fuel, energy, labor, materials, or any other important infrastructure.
12. LIMITATIONS ON LIABILITY; WARRANTY LEGITGraphicDesign.com, ITS USE AND THE RESULTS OF SUCH USE ARE PROVIDED ON AN “AS IS” BASIS. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, AND WE MAKE NO REPRESENTATIONS. THIS SUPERCEDES ANY CLAIMS MADE ORALLY OR ON OUR SITE. LEGIT Design MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE LEGITGraphicDesign.com WEBSITE, OR ANY OF THE PRODUCTS OR SERVICES SOLD THROUGH LEGITGraphicDesign.com, AND IN NO EVENT SHALL LEGITGraphicDesign.com OR ITS DESIGNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATED TO YOUR USE OF LEGITGraphicDesign.com, ITS PRODUCTS AND/OR SERVICES OR YOUR DISPLAY OF ANY MATERIAL, CONTENT OR DESIGNS ON OR THROUGH YOUR WEBSITES AND/OR E-MAILS AND/OR ANY OTHER INTELLECTUAL PROPERTY INCLUDING, BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES EXCEPT WHERE PROHIBITED BY VIRTUE OF LAW, EVEN IF LEGIT Design OR ITS DESIGNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LEGIT Design, ALONG WITH ANY MATERIALS, OFFERS, PROGRAMS, DATA, ADVERTISERS’ UNDERLYING PRODUCTS AND SERVICES, INFORMATION AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED (INCLUDING, WITHOUT LIMITATION, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). LEGITGraphicDesign.com AND/OR AFFILIATED COMPANIES’ UNDERLYING PRODUCTS AND SERVICES MAY CONTAIN BUGS, ERRORS, GRAMMATICAL OR TYPOGRAPHIC ERRORS, PROBLEMS OR OTHER LIMITATIONS. LEGIT Design AND/OR ADVERTISER HAVE NO LIABILITY, WHATSOEVER, TO YOU OR ANY THIRD PARTY, FOR YOUR USE OF, OR INABILITY TO USE, THE SITE, SERVICE, MATERIALS, DESIGNS, PROGRAMS, DATA AND/OR AFFILIATED COMPANIES’ UNDERLYING PRODUCTS OR SERVICES AND LEGIT Design DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, THAT YOUR USE OF SAME WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY OF THE PROGRAMS WILL BE AVAILABLE TO YOU. THE NEGATION OF DAMAGES SET FORTH HEREINABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES INVOLVED, INCLUDING YOU AND LEGIT Design. YOU AGREE AND ACCEPT THAT THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT THE LIMITATIONS SET FORTH. LEGIT Design MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY RESULTS OBTAINABLE THROUGH THE SITE, MATERIALS, DESIGNS, DATA AND/OR PROGRAMS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LEGIT Design, THROUGH THE SITE, NETWORK, OFFERS, DATA AND/OR PROGRAMS SHALL CREATE ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THE AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION(S) MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LEGIT Design AND/OR AFFILIATES’ LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMISSIBLE BY LAW. THIS SECTION WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.
13. REFUNDS You may not get a refund of the down payment once the project has started. You may request a refund but will be up to the discretion of LEGITgraphicdesign.com weather to do so. If you request a refund once final payment is made we require all intellectual property, art, data, and website contracted to be shut down, removed, or terminated prior to a refund. Refunds requested after final payment is made are up to the discretion of LEGITgraphicdesign.com.
LEGIT Graphic Design
(951) 764 – 4395
Last date modified: 03/04/2015 5:22PM PST