Terms of Use

1. GENERAL ACCEPTANCE OF TERMS

PLEASE READ THESE TERMS OF SERVICE BEFORE USING WYLDE BRANDING CO ("SERVICE"). THESE ARE THE TERMS AND CONDITIONS ("Terms") APPLICABLE TO THE PURCHASE AND SALE OF DESIGN RELATED SERVICES BETWEEN YOU ("Customer", "you" or "your") AND Wylde Branding Co (“Company” “we” “us”). BY VISITING AND/OR USING wyldebranding.co.uk WEBSITE AND/OR ANY SUB-WEBSITE OF Wylde Branding Co, YOUR USE OF THE SERVICE IS SUBJECT TO THESE TERMS OF SERVICE ("TERMS"). BY ACCESSING THE WEBSITE “ wyldebranding.co.uk”, ORDERING OF PRODUCTS OR SERVICES THROUGH THE WEBSITE, YOU HEREBY AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN.

YOU MAY ELECT TO PURCHASE ADDITIONAL SERVICES FROM THE COMPANY, OR THEIR PARTNERS AND/OR OTHER THIRD PARTIES, WHICH HAVE THEIR OWN TERMS AND CONDITIONS AGREEMENTS AND ACCEPTABLE USE AGREEMENTS, ASIDE FROM THIS AGREEMENT. THOSE AGREEMENTS SHOULD BE PRESENTED TO YOU AT THE TIME OF PURCHASE AND/OR ACCOUNT LOGIN, AND IT IS YOUR OBLIGATION TO REVIEW, ACCEPT AND ABIDE BY THOSE AGREEMENTS AS WELL AS THIS AGREEMENT.

THE COMPANY RESERVES THE RIGHT TO CHANGE OR MODIFY ANY OF THE TERMS AT ANY TIME AND FROM TIME TO TIME AT ITS SOLE DISCRETION, AND TO DETERMINE WHETHER AND WHEN ANY SUCH CHANGES APPLY TO BOTH EXISTING AND FUTURE CUSTOMERS. THE COMPANY MAY MAKE CHANGES OR MODIFICATIONS TO REFERENCED POLICIES AND GUIDELINES WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE COMPANY´S POSTING OF ANY CHANGES OR MODIFICATIONS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

2. Description of service.

A. For custom logo and graphic design, the Company offers including but not limited to logo, website design and development, stationery design, brochure and other graphic design customization (“Custom Design”). All Custom Design transactions are subject to the Company’s terms.

3. Commencement of work.

We require a 50% initiation fee, a completed logo design brief and all content upfront.

4. Supply of materials

We ask for the questionnaire to be completed upfront so that we can craft a design that displays your information in the best possible way. There will be no exceptions made.
However, if during the design process, we feel additional information is required – we will let you know.

Written content

We’re not responsible for checking the grammar or spelling of the content provided.

All written content must be supplied fully proofed – changes to content during the design or approval stages may be billed at an agreed hourly rate.

Graphics and photographs

You should supply any graphic files (including Logos) for consideration, at the beginning of the design process.

You should supply photographs in a high-resolution digital format.

5. Approval & Revision Stages

The price at the beginning of this contract is based on the number of hours that we estimate we’ll need to accomplish everything you’ve told us you want to achieve based on our discussions and the logo design brief.

If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate estimate for those additional hours or design packages (see scope creep below)

5.1 Approval Stages

Your package includes THREE approval or review stages.

1. 3 Designs for consideration:
   

2. Content Approval:
   

3. Final Approval: I’ll ask you to cast your eye over the design, and check that it suits the media it is intended for. Once approved, you will be invoiced for the outstanding amount. Upon receipt of payment, your logo files will be transferred in full.

We ask that you supply your feedback in a single email or document so that your requests can be done in one go rather than a bit here and a bit there.

In order to keep things moving each approval, stage allows for 7 days for you to supply feedback. Failure to do so may incur re-start fees as outlined in our web design agreement.

6. Cancellation and termination

If you cancel the Service, your cancellation will take effect immediately. After cancellation, you will no longer have access to your design(s) and we may delete all information. We accept no liability for such deleted information or content.

For as long as we continue to offer the Service, we will provide and seek to update, improve and expand the Service. As a result, we allow you to access the Service as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Term. We may modify, replace, refuse access to, suspend or discontinue the Service, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users at our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. We further reserve the right to withhold, remove and or discard any Content available as part of your account, with or without notice if deemed by us to be contrary to this Term. For the avoidance of doubt, we have no obligation to store, maintain or provide you a copy of any content that you or others provide when using the Service.

Company reserves the right, at its sole discretion and for any reason whatsoever, to reject, cancel or terminate, permanently or temporarily, your order for any service offered by wyldebranding.co.uk, your Contract and/or your access to the wyldebranding.co.uk website, at any time and without prior notice except for Custom Design. You agree that the Company shall not be liable to you or any third party for any rejection, cancellation or termination of your order, or your Contract, In the event that the Company rejects, cancels or terminates your Contract or your order for a reason other than your breach or non-performance under your Contract, Company will return any amounts prepaid by you relating to the rejected, canceled or terminated Contract or order subject to Section 5(iii).

7. ACCOUNT AND SECURITY

You are responsible for maintaining the security of your website, for all activities that occur or actions taken under the Account or in connection with the website. You agree to immediately notify us in writing of any unauthorized uses of the Account or any other breaches of security. We will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will we be liable, in any way, for any or your acts or omissions or those of any third party, including damages of any kind incurred as a result of such acts or omissions.

8. FEES, PAYMENT, DELIVERY AND REFUNDS

i. Fees and Payment

• a. All Company Designs are priced at the discretion of WYLDE BRANDING CO indicated on my design page, and may change from time to time at our discretion at any time with or without any prior notification to you.

• b.WYLDE BRANDING CO payment services are accepted by secure invoice bank transfer.

• c. Any exclusive rights purchase of type or photography by the Customer is not included in the fees or packages, and may not be refunded.

ii. Delivery and Acceptance

Upon completion of the Design in accordance with the Terms, the Customer shall be able to access and download their design, created by using wyldebranding.co.uk Wetransfer file where the customer can download the design, and additional design formats. All downloads are considered acceptance unless otherwise specified through communication with me at WYLDE BRANDING CO Once the Customer downloads a design, it may be stored in our database for a period but not guaranteed.

For Custom Design delivery, deliverables and acceptance are subject to the Terms of the Partner site.

iii. Refund Policy

The customer understands that all Company Design and Custom Design sales are final and no refunds shall be issued by the Company.

In the case of purchased Design, refunds may only be issued where with the Company's exclusive determination: the final artwork has technical issues only either in Company Symbol design or in case of broken text. The Company reserves the right to first exercise resolving the technical issue that may include offline correction of final artwork for the customer.

In the case of purchased Custom Design, no refunds shall be issued except at the Partner’s discretion and determination of the issue, resolution, and agreement based on the Partner’s Terms and Customer’s nature of complaint, compliance, and rights to refund.

9. International use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

10. Links

The Service may provide, or third parties may provide, links to other websites or resources. Because the Company has no control over such sites and resources, we are not responsible for the availability of such external sites or resources, and we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. We are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource.

11. Indemnity

You agree to indemnify and hold the Company, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, use of or connection to the Service, violation of these Terms, or violation of any rights of another.

12. Resale of service

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the design without our express written permission.

Reselling of any of the WYLDE BRANDING CO Designs from its design libraries is strictly prohibited.

• a. Freelancer

• b. Logo designer

• c. Logo/Graphic design firm

• d. Web design firm. If you are a freelance, logo designer or a small graphic & web design firm, you’re bound not to:

• e. Declare WYLDE BRANDING CO design entity(s) by way of your portfolio online unless LogoDesign.net is duly accredited and acknowledged.

• f. Publish design entity(s) online for reselling purposes.

• g. Resell the same design(s) to multiple recipients, unless you re-generate the same design using LogoDesign.net’s online program.

13. Printing Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY OR ANY SUBSIDIARY, AFFILIATE, OFFICER, DIRECTOR, SHAREHOLDER, AGENT, EMPLOYEE OR REPRESENTATIVE THEREOF BE LIABLE TO YOU OR ANY THIRD PARTY MAKING A CLAIM THROUGH YOU FOR ANY PRINTING DAMAGES WHATSOEVER, (to include for example, yet not excluding any other printing issues: colour variation, product delivery, pricing, condition of product upon delivery, necessity or quality of printed proofs, typing or content errors) as they may relate to print services that have been fulfilled by vendors or companies outside of and for LogoDesign.net. This includes any vendors that may be listed on wyldebranding.co.uk. Colour variation from your computer screen (RGB) to printed colours (PMS/Pantone or CMYK) colours can vary significantly. LogoDesign.net highly recommends that you request printed proof prior to finalizing or approving your print materials with your print vendor. LogoDesign.net provides printing services through third-party print partners and as a result, wyldebranding.co.uk will not be responsible for providing refunds for designs or printed materials as a result of colour variation, printing costs, or any other printed expense after you have approved your final design.

14. INTELLECTUAL PROPERTIES, COPYRIGHTS AND TRADEMARK NOTICES

All intellectual property of wyldebranding.co.uk including all website screens and portions thereof, graphics, original text elements, site design, logos, pictures and icons, as well as the selection, format and organization thereof, constitute proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by the Company in writing or otherwise required by applicable law, any rent, lease, sale, modification, duplication, distribution, alteration, retransmission or publication of any intellectual property or proprietary information of wyldebranding.co.uk is strictly prohibited. Copyright © 2023 by WYLDE BRANDING CO. All rights not expressly granted herein are reserved.

You represent and warrant that you are the owner of or have the exclusive right to use any and all proprietary information you provide to the Company or refer to wyldebranding.co.uk in furtherance of or in connection with your Contract, including without limitation any and all trade names, trademarks, copyrights, graphics, designs, logos, written content/copy for any use, to include copy for web design and brochures/flyers and similar materials or information.

Customer understands that Company retains the rights to all Design and does not transfer any rights to Customer unless and until Customer purchases exclusive rights of the Design. Upon purchasing exclusive rights of a Design, the Company transfers rights in accordance with the terms in Section 2 herein and according to Services purchased by Customer. As between Customer and Company, any Content provided by Customer to Company for inclusion to any Design shall remain the sole and exclusive property of Customer. Customer acknowledges that all Content is owned by Customer or that Customer has a legal right to such Content.

With respect to the Company Symbols, all ownership and intellectual property rights shall remain exclusively with the Company and non-transferable in any case. The company's ownership and intellectual property rights in Company Symbols are perpetual, and continue even after the Customer purchases a Customer Logo and registers under trademark.

15. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

• a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

• b. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. COMPANY DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

• c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

16. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY OR ANY SUBSIDIARY, AFFILIATE, OFFICER, DIRECTOR, SHAREHOLDER, AGENT, EMPLOYEE OR REPRESENTATIVE THEREOF BE LIABLE TO YOU OR ANY THIRD PARTY MAKING A CLAIM THROUGH YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, ANY OTHER MATTER RELATING TO THE SERVICE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION OR LOSS OF INFORMATION OR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES), ARISING OUT OF OR RELATED TO YOUR CONTRACT, THESE TERMS AND CONDITIONS, OR THE PRODUCTS OR SERVICES PROVIDED BY COMPANY TO YOU, EVEN IF COMPANY HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED IN YOUR CONTRACT OR THESE TERMS AND CONDITIONS, THE COMPANY’S LIABILITY TO YOU FOR ANY DAMAGES RELATED TO OR ARISING OUT OF THE CONTRACT OR THE COMPANY'S PROVISION OF PRODUCTS OR SERVICES SHALL NOT EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO LOGODESIGN.NET UNDER YOUR CONTRACT OR FOR SUCH PRODUCTS OR SERVICES.

17. GOVERNING LAW

These Terms of Use shall be interpreted, construed, governed by and enforced in accordance with the laws. Under no circumstances shall the laws of any other country 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 United Kingdom courts, regarding any and all disputes relating to your Contract or these Terms and Conditions.

18. GENERAL

These Terms and Conditions, together with your Contract, shall constitute the sole agreement and understanding between you and WYLDE BRANDING CO regarding the matters set forth herein, and any and all previous agreements and understandings between or among you and Company regarding the subject matter hereof, whether written or oral, other than your Contract, are superseded by these Terms and Conditions. No agreement or other understanding other than your Contract purporting to modify these Terms shall be binding upon the Company unless otherwise agreed to in writing. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any provision of these Terms and Conditions which is invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof; and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

Any questions concerning these Terms and Conditions should be directed to: WYLDE BRANDING CO.

Contact Us:

If you have any questions regarding our Terms and Conditions please feel to contact us via email at aurora@wyldebranding.co.uk

Address:

wyldebranding.co.uk