(d) Revision stages. Revision stages consist of 5 revisions that incorporate changes requested by the customer in his prior feedback. The purpose of each revision stage is to create designs that move forward in a specific direction from a single design composition chosen by the Customer. The Customer may request changes for the following stage, and the designs will include modifications applied on the Basic Concept chosen or on the revision chosen.

(e) Revision requests that depart from the current composition or require major graphical changes, will be honored and completed in the same timely manner, however; Nifty Logos reserves the right to charge $25 for each such Revision. No revision work which requires payment will be started without authorisation from Client.

(f) Final product. The Client can approve 1 design as being his logo ("final design"). Nifty Logos will provide the Client with his logo in the following graphic formats ("set of files"): 1) .ai file (Adobe Illustrator); 2) .eps file (Adobe Illustrator); 3) .gif file (Adobe Photoshop); 4) jpg file (Adobe Photoshop) in both colour and grayscale versions. The Client assumes full responsibility of ensuring the compatibility of the provided logo files with his own system. The Client acknowledges that some of the graphic formats may not support all the features of the final design due to their own limitations to reproduce the final design.

REGISTRATION, PASSWORD, USER IDENTITY

a) Your User Identity. When you register as a Client, you will create a user identity (your “User Identity”), which will be your identity for purposes of interacting with other users through the Web Site. Your User Identity will include certain personal information, such as, the industry in which you operate. However, your user name need not be your real name. During the registration process, the fields requesting information that will be made available to others as part of your User Identity are identified. You are responsible for ensuring that you are comfortable making such information available to other Web Site users.
(b) Access Numbers, Passwords, and Password Access. You shall keep confidential, shall not disseminate, and shall use solely in accordance with these Terms and Conditions, your User Identity, registration identification and password for the Web Site. You shall immediately notify Nifty Logos if you learn of or suspect: (i) any loss or theft of your User Identity, registration identification or password, or (ii) any unauthorized use of your registration identification or password or of the Web Site. In the event of such loss, theft, or unauthorized use, Nifty Logos may impose on you, at Nifty Logos’ sole discretion, additional security obligations.

(c) Security Breaches and Revision. If any unauthorized person obtains access to the Web Site as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly inform Nifty Logos. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.

CLIENT ORDERS

(a) Payment. The Client ordering for any of the available services must pay a 50% deposit for the Service in advance and three days from date of order, by any of the payment methods provided by Nifty Logos. The Client will be charged for the Package(s) selected. Nifty Logos will email client an invoice for the orders placed in which the Client is involved and provide the Client with all the information necessary to start the design process.

(b) Refunds. If Client is not satisfied with the Basic Concepts provided by Nifty Logos, 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, Nifty Logos will refund the total payment made by Client, less a fifty-dollar ($50.00) service and processing fee. The service and processing fee covers the administrative expenses related to the beginning and interruption of the service. The Client grants Nifty Logos the right to apply this charge as a result of his request for design services. Refunds are only available to the actual Client for whom the logo was created. No refund is available for design firms or for those who order our design services on behalf of another entity.

Once the Client requests additional revisions for any of the initial concepts, the Client shall forfeit the right to the refund as outlined above. Acceptance of such refund shall constitute the Client ‘s sole and exclusive remedy with respect to such Basic concepts. Should the Client receive such refund, Client acknowledges that he will have no right (express or implied) to use any Basic concept or other work product, content, or media, nor any ownership interest in or to the same.

The refund policy will not take effect:

1) If we have received feedback on one or more of the basic concepts
2) If we provided the customer with additional designs, in the manner of revisions or additional designs
3) If the company we are making the logo for closes, changes their name, or their activity.
4) If the project was closed for reason unrelated to the design of Nifty Logos.
5) If the client does not communicate with Nifty Logos for more than 21 days.
Orders canceled by the Client before the start of the design process will be refunded prior deduction of a fifty-dollar ($50.00) service and processing fee.
6) If you purchased a "Special Package"

How the money will be transferred:
If you have paid using your credit card - the money will be transferred back to your credit card account. It may take up to 6 business days before the money will appear on your account.
If you have paid using a cheque or a money order your refund will be sent to you by cheque. If you have paid via direct debit, the money will be deposited back into your account. If you have paid via Paypal, the money will be deposited into your Paypal account.

(c). Project duration. The Client agrees to provide timely responses to Nifty Logos after receiving status notifications from Nifty Logos. The Client shall have 21 days to respond to each set of designs sent to the Client for review. If after 21 days the Client has failed to respond, Nifty Logos will assume the Project complete and the Project shall be deemed to be complete. At such time, Nifty Logos will have no further obligation to the Client, and the Client shall pay Nifty Logos all fees and expenses associated with work performed by Nifty Logos. If required by The Client, the project can be reactivated by paying a $50 fee.

(d) Holiday dates. During the following dates service will not be available: 24/12; 25/14; 31/12; 1/1; 25/03;.

(e) Eligibility Requirements. The Client must be at least 18 years of age, agree to these Terms and Conditions and the Privacy Policy, and complete the on-line form. By asking graphic design 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 authorised to bind that entity to these Terms and Conditions. Nifty Logos may accept or reject your order in its sole discretion.

(f) Authorization to Use; Permitted Uses. You may use the Service solely in accordance with these Terms and Conditions and any posted policies and procedures that appear on the Nifty Logos Web Site.

(g) Prohibited Uses Generally. The Client is required to comply with all applicable laws (including, without limitation, any applicable export controls) in connection with his use of the Service. Without limiting the foregoing, you agree not to communicate information or other material 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) 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.
Although Nifty Logos intends to use commercially reasonable efforts to make the Service available, Nifty Logos makes no representation, warranty or covenant that the Service will be available at all times or at any time. Various circumstances may prevent or delay in the delivery of information or designs. Nifty Logos shall not be responsible for any loss, cost, damage or liability that may result.

OWNERSHIP/RIGHTS TO USE

a) Rights of Nifty Logos. The Client grants Nifty Logos a royalty-free, perpetual, irrevocable, sub licensable, 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 Nifty Logos, for the full term of any intellectual property rights that may exist in such designs to the extent necessary to provide the Client with the Service and the designs.

b) Rights of the Client. Subject to the Client‘s compliance with the terms and conditions of this Agreement, the Client shall own the final design provided to the Client by Nifty Logos hereunder. The Client 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 Nifty Logos. The Client acknowledges and hereby grants to Nifty Logos the right to use Creative and Revision Briefs, as well as individual designs provided to the Customer, for internal and filing purposes, and in order to display and promote the Nifty Logos Service. The Client 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 Client acknowledges that Nifty Logos 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.
Accordingly, the Client is encouraged to perform its own independent searches with regard to the designs provided by Nifty Logos. Furthermore, The Client acknowledges that Nifty Logos shall have no responsibility or obligation of any kind to assist the Client in seeking state or federal intellectual property protection (i.e., without limitation, trademark registration) for the designs, nor shall Nifty Logos be responsible in otherwise assisting the Client in any way in the Client‘s perfection of the Client‘s rights in or to the designs.

c) Trademark. Nifty Logos does not file a trademark application with respect to the logos designed for its client. The client is free to register as a trademark the logo design created for it by Nifty Logos.

d) Originality. Nifty Logos warrants that its designs are of its own creation and are not copied from existing designs or trademarks but does not warrant that a design the same as or similar to that designed by it, but of which it was not aware at the time of its creation, does not exist.

NONDISCLOSURE AND PRIVACY

(a) Privacy. Nifty Logos intends to use commercially reasonable efforts to follow its privacy policy; as such privacy policy may be changed from time to time at Nifty Logos’ sole discretion. Notwithstanding the foregoing, Nifty Logos cannot and does not assume any responsibility or liability for any information provided by the Customer to Nifty Logos which may be disclosed by accident or by third parties' illegal acts

b) disclaimer. limitations of liability.
WARRANTY RELATED TO THE ACCURACY OF THE OUTPUT DEVICES USED BY THE CLIENT -WHATEVER ITS NATURE- AND KEEP THE RIGHT TO STATE THE SPECIFICATIONS OF A GIVEN DESIGN BY USING STANDARD COLOR, MEASURE AND DESIGN CODES. THE CLIENT WILL ACCEPT THOSE SPECIFICATIONS AS THOSE CORRESPONDING TO THE CHOSEN DESIGN.
NIFTY LOGOS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALD DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL
(I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
(II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS,
(III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, QUALITY OR OMISSIONS IN THE SERVICE,
(IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, AND
(V) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY ALD OR ANY THIRD PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANYOF THE FOREGOING, THERE IS NO WARRANTY THAT THE SERVICE WILL MEET THE CUSTOMER'S NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.

c) Limitation of Remedy.
NEITHER NIFTY LOGOS NOR ANY THIRDPARTY SHALL BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY REMEDY, LIABILITY, DAMAGES, COSTS, OR LOSSES WHATSOEVER RELATING IN ANY WAY TO THE SERVICE

d) Exclusion of Consequential Damages.
IN NO EVENT SHALL NIFTY LOGOS OR ANY THIRD PARTY BE LIABLE TO YOU OR ANYOTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE SERVICE PROVIDED BY NIFTY LOGOS, INCLUDING ANY PART THEREOF, OR ANY OTHER CONTENT, (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE DESIGNS PROVIDED BY NIFTY LOGOS, EVEN IF NIFTY LOGOS OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

INDEMNIFICATION
Upon a request by Nifty Logos, you agree to defend, indemnify and hold harmless Nifty Logos and its 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
Nifty Logos reserves the right, in its sole discretion, to terminate the Service, at any time, with or without notice. In the event of such termination, Nifty Logos will work with the Client to determine the amount of refund (if any) to be paid to the Client as a result of such termination. Should the Client’s use of the Service result from the Client’s material breach of the terms and conditions of this Agreement, or any other agreement to which Nifty Logos and the Client are a party, the Client 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 Nifty Logos regarding the subject matter of these Terms and Conditions.

GOVERNING LAW
These Terms and Conditions shall be interpreted, construed, governed by and enforced in accordance with the laws of the State of Queensland. Under no circumstances shall the laws of any other state be applied, even where such a result would be implicated by conflict of law principles. You hereby irrevocably consent to the personal and exclusive jurisdiction and venue of the federal and state courts located in Queensland regarding any and all disputes relating to your Contract or these Terms and Conditions.

Any questions concerning these Terms and Conditions should be directed to:
Nifty logos
Attention: Evangeline Cachinero
Email: van@niftylogos.com.au
Phone: +61 7 3358 2209