Terms and Conditions

By working with ‘Aim Up Digital, and signing up as a client, you agree to be legally bound by these Terms and Conditions, including those terms and conditions incorporated by reference. Please read these terms carefully. If you do not accept these Terms and Conditions stated here without modification, you may not use the ‘Aim Up Digital’ services. ‘Aim Up Digital’ may revise these Terms and Conditions at any time by updating this page. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. In these Terms and Conditions, ‘Aim Up Digital’, the ‘Aim Up Digital’ service, all services related to it, and all text, images, photographs, user interface, “look” and “feel”, data and other content included in it from time to time (including, without limitation, the selection, coordination and arrangement of such content) are referred to as the “Web Site” or “Service”.

Services

  • ‘Aim Up Digital’ and the Client hereby agree to the following terms and conditions with respect to the provisions by ‘Aim Up Digital’ to the Customer of services which are identified and/or described in the service agreement attached to these terms and conditions.
  • The Client will be provided with the Service according to the Packages chosen by the Customer as detailed on the ‘Aim Up Digital’ Customer’s Designs will be created iteratively through a Design process of Creative Briefing-Basic Concepts-Feedback-Revision Stage-Feedback-Revision Stage, ultimately resulting in a final Design conforming to Customer’s Creative Briefing and Feedbacks.
  • Creative Briefing and Designs. The Customer is solely responsible for preparing and sending detailed answers to our logo’s specification briefing via email. ‘Aim Up Digital’ is under no obligation to review a Creative Briefing for further Feedbacks for any purpose, including accuracy, completeness of information, quality or clarity. ‘Aim Up Digital’ may decide, in its sole discretion, to deny a Creative or Revision Briefing or Feedback.
  • When ‘Aim Up Digital’ provides a set of Designs to the Customer, the Customer shall review and respond. If the Customer fails to promptly inform ‘Aim Up Digital’ that the provided Designs are not reasonably responsive to the provided Feedback, the Customer will be deemed to have accepted the Designs. If the Customer notifies ‘Aim Up Digital’ that the Customers considers a Design as not reasonably responsive to the Feedback, the Customer shall provide information regarding amendments or modification to be made to the initial Designs. After providing his feedback, the Customer will be provided a subsequent Response that conforms with the additional criteria requested by the Customer.
  • Revision stages. Revisions generally consist of 2-6 additional compositions that incorporate changes requested by the Customer in the Revision Brief. The purpose of the revision process is to create designs that move forward in a specific direction as determined by the Customer. 

Customer Invoices

  • Payment:The Customer ordering for any of the available services must pay for the Service in advance, by any of the payment methods provided by ‘Aim Up Digital’. The Customers will be charged for the Package(s) selected. ‘Aim Up Digital’ will email the Customer a receipt for the transactions in which the Customer is involved and provide the Customer with all the information necessary to start the design process.
  • Refunds: Refunds will not be supplied to the client once work has been commenced.


The refund policy will not take effect:

Design Services:

  • If you have already confirmed or approved the acceptance of a design, we cannot provide a refund. Your approval represents an acceptance of the final project and serves as an implicit statement of satisfaction.
  • If you have failed to communicate with us for more than forty five days, any refunds will be at the discretion of ‘Aim Up Digital’ management.
  • If the company for whom the design was performed should close, change its name, or undergo other alterations rendering a design ill fitting, we cannot issue a refund.
  • If you purchased a “Special Offer”that does not constitute one of our standard packages as advertised.
  • Once you have taken final delivery.

Web Design Services:

  • If you have already confirmed or approved the acceptance of design and we, have moved to the development stage.
  • If the website has been made live as per your request, by uploading files on your web server.
  • If the order is placed for a service/product like, Domain Name Registration, Web Hosting, Downloadable Software etc.
  • If you have failed to communicate with us for more than forty-five days, any refunds will be at the discretion of Logo Design Team management.
  • If the company for whom the design was being made closes, changes its name or undergoes other alterations rendering a design ill fitting, we cannot issue a refund.
  • If you purchased a “Special Offer”that does not constitute one of our standard packages as advertised.
  • Once you have taken final delivery.

SEO Services

  • Should you wish to cancel your SEO before the finishing date please send Aimee an email 2 weeks before the finishing date. All Google Analytics linking will be cancelled on the given date. Refunds will not be supplied should you wish to cancel SEO before the end date.
  • No refunds will be given once work is commenced.

Miscellaneous

  • Project duration:The Customer agrees to provide timely responses to ‘Aim Up Digital’ Team’. The Customer shall have 15 days to respond to each set of designs sent to the Customer for review. If after 15 days the Customer has failed to respond, ‘Aim Up Digital’ will assume the Project complete and the Project shall be deemed to be complete. At such time ‘Aim Up Digital’ shall will have no further obligation to the Customer, and the Customer shall pay ‘Aim Up Digital’ all fees and expenses associated with work performed by ‘Aim Up Digital’. In rare cases, if the customer feels that it may take him more than 15 days to respond then he is requested to ‘Aim Up Digital’ accordingly, so that ‘Aim Up Digital’ keeps the project in active state.
  • Holiday dates:We work 8.30am until 6pm between Monday and Friday. We remain closed on Saturdays and Sundays. During the following dates service will not be available: 12/24; 12/25; 12/31; 01/01. Any other Special Holiday Dates, if any, will be published on the website – at least 7 days in advance.
  • Eligibility Requirements:The Customer must be at least 18 years of age, agree to these Terms and Conditions and the Privacy Policy, and complete the online form. By asking for our 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 authorise to bind that entity to these Terms and Conditions. ‘Aim Up Digital’ may accept or reject your order in its sole discretion.
  • Authorisation to Use:Permitted Uses. You may access and use the Service solely in accordance with the Terms and Conditions and any posted policies and procedures that appear on the Web Site. You may provide Creative Briefs and obtain Responses only if you register as a Customer. Any use of the Web Site is at your sole risk and responsibility. Subject to the Terms and Conditions, you may (i) display the Web Site on an internet access device, and (ii) on an occasional, infrequent and ad hoc basis, and only in circumstances that constitute “fair use” under Canadian, United States, United Kingdom, Indian and International copyright law, print copies of insubstantial portions of the Web Site. Except as expressly authorized by the foregoing sentence and as otherwise permitted herein, you may not display or print the Web Site and in no event may you broadcast, circulate, distribute, download, perform, publish, rent, reproduce, sell, store, transmit or create decorative works from the Web Site This material may not be published, broadcast, rewritten or redistributed in whole or part without the express written permission of ‘Aim Up Digital’. Unauthorised commercial or private use of this material is subject to criminal prosecution.
  • Prohibited Uses Generally:You are required to comply with all applicable laws (including, without limitation, any applicable export controls) in connection with your use of the Service, and such further limitations as may be set forth in any written or on-screen notice ‘Aim Up Digital’. Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Web Site 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) is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any other person or entity; (v) is sexually-explicit; (vi) constitutes advertisements or solicitations of business, chain letters or pyramid schemes; or (vii) 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. You further agree not to (i) use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a Customer; (ii) delete or revise any material or other information of any other user or ‘Aim Up Digital’; (iii) take any action that imposes an unreasonable or disproportionately large load on the Web Site’s infrastructure; (iv) use any device, software or routine to interfere or attempt to interfere with the proper working of this Service or any activity being conducted on; (v) use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatar’s or intelligent agents) to navigate or search this Web Site other than the search engine and search agents available from ‘Logo Design Team’ on this Web Site or those generally available to third party web browsers (e.g., Netscape Navigator and Microsoft Internet Explorer); or (vi) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site. You are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (i) accessing data not intended for you or logging into a server or account that you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, the Web Site; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (v) forging any TCP/IP packet header or any part ofthe header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability. ‘Aim Up Digital’ will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. ‘Logo Design Team’ reserves the right to review postings on the Web Site, to remove any postings, and to terminate your ability to communicate with, or post to, the Web Site at any time without notice, in its sole discretion. ‘Logo Design Team’ will take commercially reasonable efforts not to disclose any information you communicate with, or post to, the Web Site but reserves the right to disclose such information to the extent necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.
  • Operation of Web Site:‘Aim Up Digital’ shall not be responsible for any delays or interruptions of, or errors or omissions contained in, the Web Site. ‘Aim Up Digital’ reserves the right, but shall not be required, to correct any delays, interruptions, errors or omissions. Although ‘Aim Up Digital’ intends to use commercially reasonable efforts to make the Web Site and Service accessible, ‘Aim Up Digital’ makes no representation, warranty or covenant that the Web Site or Service will be available at all times or at any time. Various circumstances may prevent or delay availability. ‘Aim Up Digital’ may at any time discontinue the Web Site in whole or in part, may change or eliminate any transmission method, and may change transmission speeds or other signal characteristics. ‘Aim Up Digital’ shall not be responsible for any loss, cost, damage or liability that may result.

Responsibility for Content, Other Representations, Warranties and Covenants

  • ‘Aim Up Digital’ shall not be responsible for any use that is or is not made of the Web Site or the Service. Without limiting the foregoing ‘Aim Up Digital’ makes no representations, warranties or covenants regarding, and does not guarantee, the truthfulness, accuracy, or reliability of any information or other material (including, without limitation), any Creative Brief, Revision brief, Term Sheet, Response or User Identity (as defined hereafter) that are communicated through, or posted to, the Service, whether by Members, Customers, ‘Aim Up Digital’ or otherwise, nor does ‘Aim Up Digital’ endorse any opinions expressed by any user of the Web Site, including any Member or Customer. Without limiting the foregoing, ‘Aim Up Digital’ makes no representations, warranties or covenants regarding the validity of the rights to Responses granted pursuant to this Agreement. Customer acknowledge that any reliance on information or other material, including, without limitation, any Service, Term Sheet, Response or User Identity, communicated through the Service, or posted to the Web Site will be at your own risk. Without limiting the foregoing, each Customer agrees and acknowledges that it uses each Response at its own risk and that it is responsible for taking any actions it deems reasonable to determine whether its use of a Response will infringe any third party intellectual property, privacy or publicity rights.

Ownership, Rights to Use

  • Web Site and Service Generally:Except as expressly contemplated under this Agreement, as between ‘Aim Up Digital’ and the Customer, ‘Aim Up Digital’ will own all right, title and interest in and to all copyright, trademark, service mark, patent, trade secret or other intellectual property and proprietary rights in and to the Web Site and Service, in all media now known or later devised, to the full extent provided under Canadian and United States and international law. You shall not remove, conceal or alter any copyright notice, byline information, disclaimer, restriction or other notice on the Web Site or any portion thereof.
  • Rights of ‘Aim Up Digital’:The Customer grants ‘Logo Design Team’ and its mother company a royalty-free, perpetual, irrevocable, sublicenseable, 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 ‘Aim Up Digital’, for the full term of any intellectual property rights that may exist in such designs to the extent necessary to provide the Customer with the Service and the designs.
  • Rights of the Customer:Subject to the Customer’s compliance with the terms and conditions of this Agreement, the Customer shall own the final design provided to the Customer by ‘Aim Up Digital’ The Customer 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 ‘Aim Up Digital’. The customer acknowledges and hereby grants to ‘Aim Up Digital’ 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 ‘Aim Up Digital’ Service. The Customer 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 Customer acknowledges that ‘Logo Design Team’ 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.

Until final design is approved as per standard contract with ‘Aim Up Digital’, all logos, artwork, concepts and designs remain the copyright and exclusive property of ‘Aim Up Digital’. This material may not be reproduced in any other way without the prior written consent ‘Aim Up Digital’ reserves the right to utilize and/or reproduce any image, logo or illustration created by ‘Aim Up Digital’, in advertising, electronic or traditional reproduction, with the addition of any copyright and/or trademark notice that may be requested by the owner of the work. By placing an order to ‘Aim Up Digital’, you agree and consent to these terms and conditions.

Accordingly, the Customer is encouraged to perform its own independent searches with regard to the designs provided by ‘Aim Up Digital’. Furthermore, The Customer acknowledges that ‘Aim Up Digital’ shall have no responsibility or obligation of any kind to assist the Customer in seeking state or federal intellectual property protection (i.e., without limitation, trademark registration) for the designs, nor shall ‘Aim Up Digital’ be responsible in otherwise assisting the Customer in any way in the Customer’s perfection of the Customer’s rights in or to the designs.

Ownership (copyright and title) of the final artwork become the property of the Customer, having unlimited, indefinite, and royalty-free use of the image upon payment of all fees. ‘Aim Up Digital’ retains rights to display the artwork in its portfolio and advertising materials

‘Aim Up Digital’ expects the Customer to perform researching on their company name to be sure the name is not already in use and securing a copyright, trademark or service mark to protect the Customer’s legal rights to any name or image ‘Aim Up Digital’ is not and will not be held responsible for any legal action that may result from improper due diligence on the availability of a company name or image. ‘Aim Up Digital’ is not responsible for researching nor infringing any trademark violations that may or may not arise in our dealings with the Customer and his/her agents. All trademark matters are the full responsibility of the customer.

In case you order an exclusive right to the pre-made logo design, you will own all rights to the logo once you make full payment. Pre made designs are sold to the Customer from whom payment is first received. A pre-made logo or website with Exclusive Right once sold to a Customer will not be sold to another Customer.Licensing the font used in the logo (both Custom and Pre-Made) is the responsibility of the Customer.

‘Aim Up Digital’ will hold your logo design files or website  in our archives for 1 year from the time of ordering. This service is not guaranteed so it is advisable to keep safe your files once delivered. ‘Aim Up Digital’ may charge a reasonable amount for re-supplying the logo or design files from our archives after the initial delivery.

Should the Customer require additional artwork beyond the scope of the ordered design service package (either concurrently with the logo project or at a later date), the Customer will be offered a Free Quote for the Additional Services. Additional work will be done after the Customer pays for the add-on services in advance.

Nondisclosure and Privacy

  • ‘Aim Up Digital’ intends to use commercially reasonable efforts to follow its privacy policy, as such privacy policy may be changed from time to time at ‘Aim Up Digital’s ‘sole discretion. Any data gathered from you about you or your company will not be disclosed to any third party. We ensure that your critical data is always protected, no matter what your information may be. However, we are legally bound to reveal information, including personal information, if law enforces it. Notwithstanding the foregoing, ‘Aim Up Digital’ cannot and does not assume any responsibility or liability for any information provided by the Customer to ‘Aim Up Digital’ which may be disclosed by accident or by third parties’ illegal acts. Notwithstanding the foregoing, ‘Aim Up Digital’ cannot and does not assume any responsibility or liability for any information submitted to the Web Site or for the use or misuse of any information submitted by you or any other person, including, without limitation, any information accessed by a hacker or by any other malicious act.

For further information on any of our terms and conditions, or would like information about licensing images and/or materials from ‘Aim Up Digital’ please contact us at hello@aimupdigital.com.au

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