These are my standard terms of service for any logo design project. Have a good read through, and if anything jumps out at you as a potential issue, let me know before the project begins and we can discuss any alterations that might be needed for your particular project.
Payment
Deposits, final payments and delivery I reserve the right to request a 50% deposit prior to starting work on your project. If a deposit is requested, an invoice will be generated and delivered to you via email and payment is expected within 7 days of issue. By remitting deposit funds you are accepting these Terms of Service and entering a contract with Dawntless Dragon. I will invoice for the remaining cost of the project and associated services prior to the release of any logo files or final exports. I reserve the right to withhold delivery until payment has been received in full. I reserve the right to invoice prior to the time detailed if you have been uncontactable/unresponsive for more than 30 days. You may reserve the right to request a payment plan which may be accepted at my discretion. All payment plans must be agreed to both parties in writing.
All payments are to be made within 15 days of issue.
I reserve the right to charge you for any late fees and/or fees incurred relating to commencement of collection and recovery processes for accounts that remain unpaid in excess of 30 days.
Fonts & Typefaces
Licensing of any used fonts or typefaces Any fonts/typefaces that are purchased for the final logo, and/or supporting brand identity assets, are subject to commercial licensing laws. A font/typeface license gives only the owner full rights to use the font/typeface as necessary. In my initial presentation of concepts, I will provide information of the typefaces used and where they can be acquired. It is the responsibility of the client to acquire any necessary font licenses (paid or unpaid), so please bear this in mind when approving designs.
It is against the law for me to provide any client a ‘copy’ of any font/typeface that I own, and have personally purchased.
If you would like to use a copy of a font/typeface that I have purchased, to be used commercially, you must purchase the respective font/typeface license, and register it in your name.
Typically, a font used in a logo will not need to be licensed, as the graphics are converted to vector artwork and can no longer be edited. However, should you require a font to use in your own artwork for editing purposes, such as on a website or a print presentation, then you will need your own license through a desktop license purchase. A link to licensed fonts used will be provided.
These can typically be found at: Fontspring MyFonts or Fonts.com Type Network
Restrictions
Restrictions to the signing of this agreement
These Terms of Service do not give you the rights or permission to use/modify/alter/replicate or borrow any of the previous ideas/concepts/sketches that I present. All original preparation materials, sketches, visuals and unused ideas shown and considered will remain the property of Dawntless Dragon. I am free to use these unused and previous ideas for future conceptual and client work. Where a previously unused idea/design retains a similar look and style to the finished logo, I shall repurpose and style so that the end design is sufficiently different as to not cause conflict. Unless otherwise agreed and arranged, I reserve the right to showcase the finished logo and associated designs in my portfolio and in any number of online galleries/portfolio/showcases/awards as well as in printed literature including books and magazines, now and in the future. Associated designs and artwork can include commercial print design/business card/stationery design/signage/desktop icons/mobile phone and other portable device application icons and imagery.
ANY supporting artwork and designs required by this project can be used as indicated by myself for personal and professional reasons. You are free to change, modify and adapt the finished logo design as you see fit, but you do so at your own risk.
Ownership & Copyright
All preparation materials, sketches, visuals, including the electronic files used to create the project remain the property of Dawntless Dragon. The final artwork/digital files will become your property ONLY upon final payment of the project.
If final payment is NOT received as agreed, all designs and concepts will remain the property of Dawntless Dragon until payment is received.
If there are issues with final payment, I reserve the right to reuse or amend any of these ideas for other clients, or to be used freely as concepts in my portfolio.
Should the client attempt to use/modify/alter/replicate or steal any of my ideas without making agreed final payment, I will take immediate legal counsel.
Dawntless Dragon reserves the right to show any artwork, ideas, sketches created for this project in a portfolio as examples of client work. This is typically, but not limited to the completion of the project. If you have any specific ‘secrecy/stealth mode’ or NDA requirements, please mention this before agreeing to the proposal. Final payment ensures that ONLY the agreed logo design becomes your property. Any previous ideas/concepts remain mine, unless any prior agreement has been made.
Cancellation
Cancellation during the project
If you choose to cancel the project midway through, where ideas and proposals have been submitted, refund of previous payment is not possible. However, depending on the work completed and overall budget, a portion of the funds may be returned.If I fall ill, or am unable to complete the project due to unforeseen circumstances, a portion of the overall budget will be returned.
In most cases the complete amount will be refunded. If any works, so far completed, can be used for another designer to pick up, then a percentage will be refunded based on work completed or any other reasonable suggestion will be considered.
Project Suspension I reserve the right to suspend any project if there is interference with excessive micromanaging, demonstrating a continued lack of trust and inability to move forward after showing more than a reasonable number of unique logo ideas/concepts, and/or showing a reluctance in paying the final payment.
Fair notice will be given with fair chance to remedy the situation without resorting to project suspension or termination. Any suspension, or termination, will not result in any refunds and all designs and work thus developed remain the full ownership of Dawntless Dragon.
Force Majeure
In the event I fail to perform any obligation pursuant to these Terms of Service due to an “act of God” or an act of any government, terrorism, riot, war, accident or any deficiency in materials or transportation or any other cause of any nature beyond my control, such failure shall not be deemed to be a breach of these Terms of Service, provided that you are notified of the existence and nature of the reason for my non-performance and delay, and I resume performance immediately upon the conclusion of the relevant force majeure.
Limitation of liability
Loss or damage
You agree and accept that Dawntless Dragon is not legally responsible for any loss or damage suffered or incurred related to use of any of my services, whether from amendments, errors or omissions in documents, designs, information or any goods or services offered by myself. This includes your use or reliance on any third-party content, links, comments or advertisements. Your use of, or reliance on, any information or materials I produce, amends or designs is entirely at your own risk, for which I shall not be liable.
You acknowledge that such information and materials may contain inaccuracies or errors and expressly exclude liability of Dawntless Dragon for any such inaccuracies or errors to the fullest extent permitted by law.
I affirm that all designs presented to you will be original and to the best of my knowledge will not infringe/plagiarize any other work. I will perform limited checks to ensure that my work has not unintentionally infringed on another’s design, including limited checks against the WIPO database and reverse image checks across search engines. However, I assume no legal responsibility for any loss or damage suffered or incurred related to legal issues regarding the originality or authenticity of my work. You agree to perform your own checks and due diligence regarding plagiarism and originality. Should you have any concerns, please discuss this item with me prior to commencing work.
Trademark & Copyright
Due to the lengthy and often costly procedures required to initiate any form of Trademark, Copyright and legal name search, I am unable to provide any practical help with this.
If you require the logo to be registered as a trademark, then you must seek your own legal advice.
Brand Naming
You take full responsibility for ensuring that your company/product/name is legally free/available before work is started. Should any legal issue arise with the naming after the project has been completed, no refunds are possible, neither am I legally responsible for any problems thus arising.
Please ensure the name you are using is free and legally safe to use before committing to a logo project. Project name changes during a project are exceptionally costly, challenging to implement, and cause significant delays.
If a change of name is required mid-way during a project, and significant logo exploration work has already been presented, then I will have no choice but to recalculate the total cost of the project, to allow for the reworking involved. Please ensure that the name you are using has been subject to appropriate checks, is not in use by someone else, and/or infringes on any other registered trademark, business name etc.
TERMS AND CONDITIONS FOR DONATION PAYMENTS
Dawntless Dragon (referred to as us or we). We operate the website www.dawntlessdragon.studio (the Website). These are the Terms and Conditions which govern each use you make of the donation payment services provided through the Website. These Terms and Conditions apply separately to each single donation that you make. Except as provided for in section 5, ‘Monthly Donations’, and unless specified by you, they do not form a contract allowing for future or successive transactions to be set up. By confirming on the Website that you wish to make a donation you agree to be bound by these Terms and Conditions for that donation. (1) The donation services We will use your donation at our discretion but within our stated charitable objectives.All payments through the Website are to be made by payment card or via PayPal.Once you confirm to us through the Website that you wish to proceed with your donation your transaction will be processed through our payment services provider, Stripe. By confirming that you wish to proceed with your donation you authorize Stripe to request funds from your credit, debit, or PayPal card provider. (2) Unauthorized card use If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider. (3) Information from you Before we can process a donation you must provide us with (i) your name, address and email address; and (ii) details of the credit or debit card that you wish to use to fund the donation. We will use this information to process your donation. It is your responsibility to ensure you have provided us with the correct information. When you submit your payment details, these details will be transferred to our payment provider, Stripe, and your payment data will be collected and processed securely by them. You should make sure that you are aware of Stripe’s terms and conditions, which are different from our own, to ensure that you are comfortable with how they will process your personal data before you make a donation. We won’t share your personal details with any other third party other than is set out in our Privacy Policy. Our Privacy Policy forms part of these Donation Payment Terms and Conditions and by agreeing to these Terms and Conditions you are also agreeing to the way we use and protect your personal information in line with our Privacy Policy. (4) Refund policy If you make an error in your donation please contact us either by email at contact@dawntlessdragon.com within 14 days and a full refund will be made to you. (5) Monthly donations These Donation Payment Terms and Conditions will only apply to successive donations made through the Website where you have set up a monthly donation. When you set up a regular donation you will be scheduling a series of donations to be made on the day of the month that you choose until further notice. You agree that these Terms and Conditions will apply to each of the donations in that series. By confirming that you wish to proceed with a monthly donation you authorize our payment service provider Stripe to request funds from your credit or debit card on the day of each month that you set.To cancel your regular donation please contact us at contact@dawntlessdragon.com. (7) General We reserve the right to amend these Donation Payment Terms and Conditions at any time.
Our Privacy Policy governs your visit to https://dawntlessdragon.studio , and explains how we collect, safeguard and disclose information that results from your use of our Service.
We use your data to provide and improve Service. By using Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.
Our Terms and Conditions (“Terms”) govern all use of our Service and together with the Privacy Policy constitutes your agreement with us (“agreement”).
PERSONAL DATA means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
USAGE DATA is data collected automatically either generated by the use of Service or from Service infrastructure itself (for example, the duration of a page visit).
COOKIES are small files stored on your device (computer or mobile device).
DATA CONTROLLER means a natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed. For the purpose of this Privacy Policy, we are a Data Controller of your data.
DATA PROCESSORS (OR SERVICE PROVIDERS) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.DATA SUBJECT is any living individual who is the subject of Personal Data.THE USER is the individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.
Information Collection and Use
We collect several different types of information for various purposes to provide and improve our Service to you.
Types of Data Collected
Personal Data
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
Email address
Cookies and Usage Data
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link.
Usage Data
We may also collect information that your browser sends whenever you visit our Service or when you access Service by or through a mobile device (“Usage Data”).
This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When you access Service with a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.
Tracking Cookies Data
We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information.
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
Session Cookies: We use Session Cookies to operate our Service.
Preference Cookies: We use Preference Cookies to remember your preferences and various settings.
Security Cookies: We use Security Cookies for security purposes.
Advertising Cookies: Advertising Cookies are used to serve you with advertisements that may be relevant to you and your interests.
Use of Data
Dawntless Dragon uses the collected data for various purposes:
to provide and maintain our Service;
to notify you about changes to our Service;
to allow you to participate in interactive features of our Service when you choose to do so;
to provide customer support;
to gather analysis or valuable information so that we can improve our Service;
to monitor the usage of our Service;
to detect, prevent and address technical issues;
to fulfill any other purpose for which you provide it;
to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
to provide you with notices about your account and/or subscription, including expiration and renewal notices, email-instructions, etc.;
to provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information;
in any other way we may describe when you provide the information;
for any other purpose with your consent.
Retention of Data
We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
Transfer of Data
Your information, including Personal Data, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
Dawntless Dragon will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other personal information.
Disclosure of Data
We may disclose personal information that we collect, or you provide:
Disclosure for Law Enforcement.
Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities.
Business Transaction.
If we or our subsidiaries are involved in a merger, acquisition or asset sale, your Personal Data may be transferred.
Other cases. We may disclose your information also:
to our subsidiaries and affiliates;
to contractors, service providers, and other third parties we use to support our business;
to fulfill the purpose for which you provide it;
for the purpose of including your company’s logo on our website;
for any other purpose disclosed by us when you provide the information;
with your consent in any other cases;
Security of Data
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
Your Data Protection Rights Under General Data Protection Regulation (GDPR)
If you are a resident of the European Union (EU) and European Economic Area (EEA), you have certain data protection rights, covered by GDPR. – See more athttps://eur-lex.europa.eu/eli/reg/2016/679/oj
We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please email us at contact@dawntlessdragon.com.
In certain circumstances, you have the following data protection rights:
the right to access, update or to delete the information we have on you;
the right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete;
the right to object. You have the right to object to our processing of your Personal Data;
the right of restriction. You have the right to request that we restrict the processing of your personal information;
the right to data portability. You have the right to be provided with a copy of your Personal Data in a structured, machine-readable and commonly used format;
the right to withdraw consent. You also have the right to withdraw your consent at any time where we rely on your consent to process your personal information;
Please note that we may ask you to verify your identity before responding to such requests. Please note, we may not able to provide Service without some necessary data.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
Your Data Protection Rights under the California Privacy Protection Act (CalOPPA)
CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require a person or company in the United States (and conceivable the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. – See more at:https://consumercal.org/about-cfc/cfc-education-foundation/california-online-privacy-protection-act-caloppa-3/
According to CalOPPA we agree to the following:
users can visit our site anonymously;
our Privacy Policy link includes the word “Privacy”, and can easily be found on the page specified above on the home page of our website;
users will be notified of any privacy policy changes on our Privacy Policy Page;
users are able to change their personal information by emailing us at contact@dawntlessdragon.com.
Our Policy on “Do Not Track” Signals:
We honor Do Not Track signals and do not track, plant cookies, or use advertising when a Do Not Track browser mechanism is in place. Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
Your Data Protection Rights under the California Consumer Privacy Act (CCPA)
If you are a California resident, you are entitled to learn what data we collect about you, ask to delete your data and not to sell (share) it. To exercise your data protection rights, you can make certain requests and ask us:
What personal information we have about you. If you make this request, we will return to you:
The categories of personal information we have collected about you.
The categories of sources from which we collect your personal information.
The business or commercial purpose for collecting or selling your personal information.
The categories of third parties with whom we share personal information.
The specific pieces of personal information we have collected about you.
A list of categories of personal information that we have sold, along with the category of any other company we sold it to. If we have not sold your personal information, we will inform you of that fact.
A list of categories of personal information that we have disclosed for a business purpose, along with the category of any other company we shared it with.
Please note, you are entitled to ask us to provide you with this information up to two times in a rolling twelve-month period. When you make this request, the information provided may be limited to the personal information we collected about you in the previous 12 months.
To delete your personal information. If you make this request, we will delete the personal information we hold about you as of the date of your request from our records and direct any service providers to do the same. In some cases, deletion may be accomplished through de-identification of the information. If you choose to delete your personal information, you may not be able to use certain functions that require your personal information to operate.
To stop selling your personal information. We don't sell or rent your personal information to any third parties for any purpose. You are the only owner of your Personal Data and can request disclosure or deletion at any time.
Please note, if you ask us to delete or stop selling your data, it may impact your experience with us, and you may not be able to participate in certain programs or membership services which require the usage of your personal information to function. But in no circumstances, we will discriminate against you for exercising your rights.
To exercise your California data protection rights described above, please send your request(s) by one of the following means:
By email: contact@dawntlessdragon.com
Your data protection rights, described above, are covered by the CCPA, short for the California Consumer Privacy Act. To find out more, visit the official California Legislative Information website. The CCPA took effect on 01/01/2020.
Service Providers
We may employ third party companies and individuals to facilitate our Service (“Service Providers”), provide Service on our behalf, perform Service-related services or assist us in analysing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Analytics
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.
Dawntless Dragon uses remarketing services to advertise on third party websites to you after you visited our Service. We and our third-party vendors use cookies to inform, optimise and serve ads based on your past visits to our Service.
Google Ads (AdWords)Google Ads (AdWords) remarketing service is provided by Google Inc.You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page:http://www.google.com/settings/adsGoogle also recommends installing the Google Analytics Opt-out Browser Add-on –https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.For more information on the privacy practices of Google, please visit the Google Privacy Terms web page:https://policies.google.com/privacy?hl=enFacebookFacebook remarketing service is provided by Facebook Inc.You can learn more about interest-based advertising from Facebook by visiting this page:https://www.facebook.com/help/164968693837950To opt-out from Facebook's interest-based ads, follow these instructions from Facebook:https://www.facebook.com/help/568137493302217Facebook adheres to the Self-Regulatory Principles for Online Behavioural Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USAhttp://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canadahttp://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europehttp://www.youronlinechoices.eu/, or opt-out using your mobile device settings.For more information on the privacy practices of Facebook, please visit Facebook's Data Policy:https://www.facebook.com/privacy/explanation
Payments
We may provide paid products and/or services within Service. In that case, we use third-party services for payment processing (e.g. payment processors).
We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.The payment processors we work with are:Stripe:Their Privacy Policy can be viewed at:https://stripe.com/us/privacy
Links to Other Sites
Our Service may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Children's Privacy
Our Services are not intended for use by children under the age of 13 (“Children”).We do not knowingly collect personally identifiable information from Children under 13. If you become aware that a Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from Children without verification of parental consent, we take steps to remove that information from our servers.
Changes to This Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update “effective date” at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Contact Us
If you have any questions about this Privacy Policy, please contact us:
