ARTWORK TRANSFER AGREEMENT

The following legally-binding agreement shall be applicable when you enter your order to buy artwork from us.

In this agreement, you shall be the person identified in your registration information. We shall be PROVA INNOVATIONS Ltd. carrying on business as LOGOLOPOLIS.COM.

We own artwork a logo identified in your order. You wish to buy the artwork from us.

We agree as follows:

  1. Definitions – In this agreement:“Artwork” means the logo and associated artwork identified in your order. The Artwork is an unregistered copyright and unregistered trademark.
  2. Artwork Purchase
    1. Purchase Price. As consideration for the sale of the Artwork, you will pay us the amount identified in your order. This sum shall be paid to us by the payment method which you have selected in your order. In the event that payment is stopped or reversed, we shall have the right to cancel this agreement at any time until payment in full is made.
    2. Transfer of the Artwork. On receipt of payment in full by you, we shall transfer ownership of the Artwork selected in your order to you.
    3. No Seller Limitations. Nothing in this Agreement shall be construed to in any way limit our right to purchase, own, create or maintain Artwork or other works of art other than those included in your order.
    4. Further Assurances by Seller. On payment of our further assurances fee as provided in our price list, we will take all necessary actions, including providing all necessary documentation to you, to transfer the Artwork to you.
    5. Licence Back. You hereby grant us a perpetual royalty-free licence to use the Artwork in connection with advertising our services to the public. Such use may include listing your Artwork on a page with other past users of our site.
    6. Refund. To request a refund, a formal request must be made through email.  Upon timely receipt of the refund request, Logolopolis will refund the total payment made by you on the custom logo design package purchased. All Refund Request must be received within 30 days of purchase. A refund can not be issued once the final logo files have been delivered to you. A refund can not be issued if you have requested alterations to the original logo.
  3. Custom Logo Design Purchase
    1. Purchase Price. As consideration for the sale of Custom Logo Design, you will pay us the amount identified in your order. This sum shall be paid to us by the payment method which you have selected in your order. In the event that payment is stopped or reversed, we shall have the right to cancel this agreement at any time until payment in full is made.
    2. Transfer of Custom Logo Design. On receipt of payment in full by you, we shall transfer ownership of the completed Custom Logo Design work to you once we receive written confirmation that the graphic design work meets with your satisfaction.
    3. No Seller Limitations. Nothing in this Agreement shall be construed to in any way limit our right to purchase, own, create or maintain other Custom Logo Designs other than those included in your order.
    4. Further Assurances by Seller. On payment of our further assurances fee as provided in our price list, we will take all necessary actions, including providing all necessary documentation to you, to transfer the Custom Logo Design work to you.
    5. Licence Back. You hereby grant us a perpetual royalty-free licence to use the Custom Logo Design in connection with advertising our services to the public. Such use may include listing your Custom Logo Design with or without an associating url on a page with other past users of our site.
    6. Refund. To request a refund, a formal request must be made through email.  Upon timely receipt of the refund request, Logolopolis will refund the total payment made by you on the custom logo design package purchased. All Refund Request must be received within 30 days of the start of your logo design project.You shall forfeit the right to the refund if you request any revisions (1 or more design changes regardless of the complexity), modifications to any of the initial concepts or concepts that follow.  You shall also forfeit the right to a refund if you do not respond in a timely manner to a status notification from us.  There are no refunds for any rush service charges. Also, no refund is available for design firms or for those who order our design services on behalf of another entity.  All refunds are issued within thirty business (30) days from the day that the Refund Request was received. You agree that your acceptance of the refund shall constitute your sole and exclusive remedy with respect to related Responses. Additionally, you acknowledge that you will have no right (express or implied) to use any concepts or other work product, content, or media, nor will you have any ownership interest in or to the same.
  4. Indemnification. You shall indemnify and hold us harmless for any use that you make of the Artwork and any other matter relating hereto and all liability, loss and costs, expenses or damages, including but not limited to, any and all expenses whatsoever reasonably incurred in investigating, preparing or defending against any litigation, commenced or threatened, or any claim whatsoever or howsoever caused by reason of any injury (whether to body, property, personal or business character or reputation) sustained by any person or to any person or property, arising out of any act, failure to act, neglect, any untrue or alleged untrue statement of a material fact or failure to state a material fact which thereby makes a statement false or misleading, or any breach of any material representation, warranty or covenant by you or any of its agents, employees, or other representatives.
  5. LIMITATIONS OF LIABILITY. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) THAT YOU MAY SUFFER HEREUNDER. OUR MAXIMUM LIABILITY FOR ANY MATTER IS LIMITED TO THE AMOUNT THAT WE HAVE RECEIVED FROM YOU FOR THIS ORDER.
  6. Representations and Warranties of the Buyer. You represent and warrant that: a) you have full power and authority to enter into this Agreement; (b) this Agreement is a valid and binding obligation of yours.
  7. Special Acknowledgment, Representation and Warranty. You acknowledge that we have not performed any clearance or trademark searches on the Artwork. You acknowledge, represent and warrant to us that prior to beginning use of the Artwork, you shall perform all appropriate searches including, without limitation, general web searches, trade directory searches and trademark searches in each country that you intend to use the Artwork.
  8. Disclaimer of Warranties. This sale is made by us on an ‘As Is’ basis. We disclaim any applicable implied warranties of merchantability, fitness for an intended purpose and non-infringement, non-negligence and proper workmanship.
  9. General Provisions
    1. Notices. Any notices that we may send you may be sent to your email address as indicated in your order and shall be deemed effective within 12 hours of sending.
    2. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors and permitted assigns.
    3. Third Party Beneficiaries. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties.
    4. Arbitration. Any dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration in the City of Toronto, Province of Ontario, Canada pursuant to the Arbitration Act, 1991, S.O. 1991, c. 17.
    5. Governing Law. This Agreement shall be governed, construed, and enforced in accordance with the laws of the Province of Ontario, and the laws of Canada applicable therin.
    6. No Waiver. A party’s failure to exercise or delay in exercising any right, power or privilege under this Agreement shall not operate as a waiver. No single or partial exercise of any right, power or privilege shall preclude any other or further exercise thereof.
    7. Severability. A determination that any provision of this Agreement is invalid or unenforceable shall not affect the validity or enforceability of any other provision hereof
    8. Survival. Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the termination or expiration of this Agreement.
    9. Headings. The section headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
    10. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and constitutes and supersedes all prior agreements, representations and understandings of the parties, written or oral.
    11. Counterparts. This agreement is made electronically with your placement of the order being considered your acceptance of the terms hereof. Our acceptance of your order constitutes our acceptance of the terms hereof.
    12. Amendment. This Agreement may be amended only by a written instrument signed by the parties.