Terms and Conditions

By using ‘Amberd Design Studio, also known as Amberd and/or Amberd Design’, hereafter referred to as the Company, you, the Client, agree to the terms set forth in these Terms and Conditions and will be bound by any applicable laws. This includes any Terms and Conditions included only by reference to this document. It shall be the duty of the Client to read the Terms and Conditions set forth herein and seek assistance with any questions or concerns. Should the Client not agree to the terms listed in this document, he or she might not be allowed to utilize the services of the Company.

The Company holds the right to modify the Terms and Conditions at any time. Should this document be modified, the Company may email all customers and clientele to notify everyone who may or may not be affected by the updated information. The Company does not guarantee an email notification for each update. It is the responsibility of the Client to read through the terms and conditions regularly.

In accordance with these Terms and Conditions, the Company and any and all services related to it under the name of ‘Amberd, Amberd Design Studio and/or Amberd Design’ shall be referred to as the “Service” or “Website”. This shall include any and all text, images, data, videos, photographs, or other content without limitation.

Service:

The Company and Client, in accordance to these Terms and Conditions, agree to follow the provisions herein with respect to the AmberdDesign.com and services rendered as found in a service agreement, which shall be an addendum to this document.

The Client will receive a quote for services based on the Company’s initial receiving of requested information from the Client. This information may be submitted via an online briefing form, quote request form or email. The Company will provide estimated pricing for the requested services after receiving and reviewing the information.

It shall be the responsibility of the Client to provide the Company with detailed information per their specifications and request.

It remains the right of the Company to deny review or feedback to any briefing form or a quote request, for any reason.

Upon completion of briefing and/or quote form, it shall be the responsibility of the Client to review the completed work and provide feedback. Should there be an inconsistency or error in the completed work, it shall be the responsibility of the Client to inform the Company in timely manner inconsistencies or errors shall be noted, and feedback shall be provided in a timely manner with proper documentation or requests. It shall be the responsibility of the Company to communicate further regarding the matter and requests. Should the Company receive no feedback within 30 (thirty) days of delivery, the project shall be considered complete.

Revisions:

  1. Unless otherwise specified, all services rendered come with unlimited revisions to ensure total satisfaction for the Client. If unlimited revisions are not included, this will be made clear in the initial quote and Service Agreement.
  2. Logo Design service specific revisions – The number of revisions available is based on the logo design package requested.
    • Initials and Wordmarks have 10 revisions included in the initial project.
    • Icons and Symbols are limited to 20 revisions per initial project.
    • Mascots and Illustrative logos received unlimited revisions.
  3. Once the final project has been delivered and agreed upon as complete, all further revisions will be charged according to the scope of changes requested. Revisions will be treated as an additional project and quoted as such.
  4. Name or branding changes may not fall under the scope of a free revision. The Company holds the right to determine if this type of change counts as a revision or requires a new project.
  5. The Company’s goal is to ensure 100 percent satisfaction for every Client. However, if you are still not satisfied with our services for any reason, the Client can cancel at any time.  The deposit is non-refundable regardless of any cancelation. 

Payments:

The Client agrees to these Terms and Conditions including the knowledge that fifty percent of payment must be made in advance for services rendered.

If full payment is required beforehand, due to the scope of the project, the Client will be notified in the agreement.

If a deposit amount exceeds $3000, different terms may be implemented. The Client will be notified of any differences in payment expectations in the project agreement.

Acceptable payment methods are at the discretion of the Company. Payment due will include with the invoice. An electronic receipt and invoice and will be issued to the payer.

Refunds:

Should a refund be desired, a Refund Request document must be completed. It is the responsibility of the Company to make such document available. It is the responsibility of the Client to return the completed Refund Request form to the Company within seven days or else said request may be denied.

Should the Client accept the refund as provided, he or she acknowledges that the Company is free from a further remedy. Upon issuance of a refund, the Client acknowledges that they have no legal right, either implied or expressed, to any concept, product, media or other interest in the same.

Refunds shall not be issued for the following cases:

  1. The Client has previously accepted the design by confirmation.
  2. In accordance with the Terms and Conditions herein, all such work shall be reviewed and accepted as a complete product and/or service at which time the Company shall consider the product satisfactory.
  3. If there is a lack of communication with representatives of the Company for a period of thirty days or greater, at which time refund issuance will be at the sole discretion of the management team.
  4. The Client or associated company experiences a closure, name change, or alterations that render the requested product inapplicable.
  5. Packages or services considered “special offers” shall not be eligible for refunds.
  6. Products or services completed, accepted and delivered as per the agreement.

Duration:

It shall remain the responsibility of the Client, throughout the duration of rendering products or services, to communicate with the Company in a timely manner. A period of 30 days shall be considered the maximum period to respond to requests for review or feedback. Should the Client not respond within the stated time-frame, then it shall be within the rights of the Company to consider the project complete. At this time of completion, no further obligation between parties shall exist.

If the Client cancels, the 50 percent deposit is non-refundable.

These Terms and Conditions may be modified on a case-by-case basis when extenuating circumstances are experienced or adequate notice is provided, so as to maintain a project classification of “active”.

Operating Hours:

Operating hours shall be observed between the hours of 10:00 a.m. and 6:00 p.m., Pacific Time, Monday through Friday. In addition to Saturday and Sunday, the Federal holidays are observed. Should any other dates be observed as a non-working day, such dates will be posted in advance of at least seven days.

Eligibility:

In order for a relationship to form between the parties, Client and Company, the following criteria must be met:

  1. The Client must acknowledge they are 18 years old or older to receive services from the Company.
  2. Both parties must understand and accept these Terms and Conditions.
  3. Required forms must be completed.

By following the guidelines set forth herein, the Client acknowledges that he or she meets the requirements set forth in this section, and that any and all information provided is accurate, legal and complete. Should the Client request services as a representative of another entity, then authorization must be provided to initiate an order with the understanding that said entity will also be legally bound to the Terms and Conditions herein.

Authorization:

Any use of services or the website shall be done in accordance with these Terms and Conditions, Privacy Policy or any provisions outlined herein.

The website may be displayed on applicable devices, and on a basis that is found to be in accordance with the “fair use” copyright laws of the United States, Canada, the United Kingdom, India and other international entities. In accordance with these Terms and Conditions, the website may not be displayed, distributed, circulated, downloaded, published, rented, sold, or transmitted. This shall include ANY documents, products, services or graphics located therein.

Aforementioned copyright law guidelines apply herein, under the proprietary and international copyright law, which bind copy written materials on the website.

No portion of information, graphics, products, text or other materials may be distributed or altered without first obtaining express written permission from the Company.

The copyright laws as detailed in these Terms and Conditions are subject to the criminal sanctions of the governing bodies of both parties to the agreement.

Prohibited Use:

In accordance with these Terms and Conditions, and bound by any applicable state and federal laws, the following limitations on use of the website or services may be set forth at any time:

Without limit to the aforementioned legal remedies, the Client shall agree to not distribute, post or transmit any copyrighted information through the services or website on the following grounds:

  1. Unless he or she is the copyright owner.
  2. Unless he or she is the trade secret owner.
  3. If the information infringes on privacy or publicity rights, or infringes on any intellectual property rights.
  4. If the information is obscene, harassing, abusive, hateful or otherwise damaging to another party.
  5. If the information is religious in nature, or to be used for religious means.
  6. If the information is sexual in nature.
  7. If the information consists of advertising or soliciting materials, including “chain” mail or schemes.
  8. If the information is false in nature, including biographical or Client information.
  9. He or she shall not alter or delete any information or materials found in the services or pages of the Company and/or provided documents and emails by the Company.
  10. He or she shall not pose any risk to the infrastructure of the website.
  11. He or she shall not utilize any device, equipment, or software designed to interfere with the workings of the services or web pages, or any activities therein.
  12. He or she shall not use any tool, software or engine (except acceptable third-party engines, or the engine provided through the site itself) to navigate through or into the Company’s website.
  13. He or she shall not attempt to reverse engineer, decipher or decode any software or materials used by the Company or website.
  14. The Client shall not violate the integrity or security of the website, including the following:
    1. Accessing data or unauthorized portions or information stored therein.
    2. Probing, testing or scanning the system or network with the intent to discover weaknesses, authentication measures or security protocols.
    3. In any way, interfering with the network or hosting entities by spamming, flooding or crashing the system intentionally.
    4. Sending or distributing unsolicited communications including advertising, spam or other electronic solicitations.
    5. Distributing TCP/IP information or headers in any way.

Any person, company or organization found to have violated the provisions set forth in this section shall be civilly or criminally liable for such actions. The Company may, at its own discretion, investigate any claims or occurrences involving violations of one or more of these provisions, and maintains the right to review or remove any content posted to the website, and to limit or discontinue any party’s rights to communicate through such means.

It shall be the responsibility of the Company to make reasonable accommodation for information disclosed through the website, so long as it is in accordance with these Terms and Conditions and any applicable state or federal laws. Methods of handling violations may be at the discretion of the Company and applicable legal processes.

Website Operation:

The Company shall maintain no responsibility for any occurrences which affect the use of the website, including delays, errors, omissions, or interruptions, and maintains the right, but is under no obligation, to correct any such occurrences. Though the goal of the Company is to have an accessible online website, they can make no guarantee that the related services will be available at all times without fail. The Client recognizes that extenuating circumstances can cause such occurrences to manifest.

The Company reserves the right to alter or discontinue the use of the website or related methods at any time with or without notice. Refunds shall be issued as required.

Responsibilities, Warranties and Covenants:

The Company:

Shall not be held responsible for any actions or use relating to the website or services, and does hereby state that they shall make no warranties or covenants, either direct or implied, regarding such use.

  1. Shall not be held responsible for the accuracy, truthfulness or reliability of information or materials posted on or through it, including the personal information of the Client, quote request form and/or briefing form. This includes such information that is posted by the Client or other outside sources.
  2. Does not endorse the opinions of third-party entities.
  3. Shall not make any warranties, covenants or representations attesting to the validity of responses made, in accordance to this agreement.
  4. Acknowledges that relying on any information found on the website or through any service or documentation posted to it shall be done at the sole risk of the Client.

The Client:

Has the responsibility of providing any responses at his or her own discretion and risk.

  1. Agrees to not resell or modify any designs provided by the Company.
  2. It shall be his or her responsibility to determine the reasonableness and validity of any action or information at his or her own risk.
  3. The Client is responsible for all material provided to the Company for use.  All material not original to the Client must meet copyright law.  It is the responsibility of the Client to research and vet all text, images, videos or other materials provided to ensure nothing infringes Copyright laws.  Should any materials fall under Copyright, the repercussions fall to the Client.
  4. Shall also be responsible for ensuring that responses do not violate the intellectual property, publicity or privacy rights of third parties.
  5. Shall be responsible for the return of any designs or other materials that are not utilized.

Website and Service:

Unless expressly defined within the guidelines of these Terms and Conditions, the Client acknowledges that the Company shall maintain ownership of any and all title and interest and additional rights to the website and services, including trademark or service mark, patent rights, copyright, intellectual property, or any other rights or responsibilities. This shall include current or future media, and shall be enforced by the United States, Canadian and international laws.

The Client shall by no means alter, remove or conceal any notice of copyright, disclaimers, restrictions or bylines from any portion of the website.

No involved party shall permit the use of the website or Company’s name, proprietary information, trademarks or any other information by any third party, without the express written permission by the Company.

Rights of the Website AmberdDesign.com:

The Client acknowledges that the Company shall be granted a perpetual, irrevocable, royalty-free, sub-licensable, exclusive and worldwide right (without limitation, and including moral rights, to use, modify, reproduce or publish any works (in part or in whole) the products or services rendered. This shall include any current or future works, media or technology associated with the Company, and shall be held to the guidelines of these Terms and Conditions and any intellectual property right guidelines as set forth in this agreement between both parties.

Customer Rights:

In accordance with these Terms and Conditions, the Client shall have the following rights:

  1. To own the completed design provided to them. This does not include any materials, concepts, sketches and related content or media otherwise associated with the completed work, or any partially revised or incomplete images or media. Any such media or content shall remain the property of the Company pursuant to this agreement.
  2. To acknowledge, and grant, the Company the use of the quote request form and/or briefing form, as well as any original media provided by the Client for the purposes of completing the service.
  3. Pursuant to this agreement, the Client shall acknowledge that the final completed work, approved, shall be the extent of the Client’s rights to any media, images or service documents.
  4. To acknowledge that the Company has no duty or obligation under this agreement to perform any inquiries, searches or similar with the intent to trademark or service mark, or to validate the legality of any compositions provided.
  5. To acknowledge that all artwork, conceptual designs, sketches, logos or other materials shall remain the exclusive property and copyright of the Company. The Company holds the rights to use these properties created for the Client in any manner and for whatever purpose they see fit. If they are used for future concepts and client work, the Company will make sure they retain similar look and style of the previously approved work. The Company shell re-purpose, re-design and re-style as to be sufficiently different so as not to cause conflicts.
  6. Furthermore, there shall be no reproduction or modification of such materials without the express written consent of Amberd Design Studio or applicable agents, which hold the right to modify or reproduce such materials created by the Company. Amberd Design Studio or its agents may utilize or reproduce such materials pursuant to any applicable trademark or copyright policies, at the request of the owner of the material. By conducting business with ‘Amberd Design Studio’, the Client agrees to these Terms and Conditions without contest.
  7. To be responsible for pursuing any trademark, copyright or intellectual property rights information regarding the designs provided by the Company. The Company shall not be responsible for assisting in this search by any means including independent searches.
  8. To be made the owner of the final completed project, including title and copyright. This ownership shall be without limit or definition, and shall be free of royalties for its use. These rights are pursuant to payment being made in full for the product or services. Any work that is preliminary or incomplete, and not purchased, shall remain the property of the Company.
  9. To be responsible for any and all trademark and copyright procedures. This includes a search to identify that any designs, logos or business names desired by the Client are not previously trademarked or copyrighted by any party. The Company shall not be liable for any copyright or trademark law violations.
  10. Any design files provided to the Company shall be held in an archive for the period of one year from the date that service was initiated. It is advised that such files are provided adequate safety measures to ensure that files are not lost. The Company cannot guarantee archiving materials. Should archived materials be accessed, the Client may be charged a reasonable fee.
  11. Should additional designs or services from the completed final work be desired, the Company shall provide a free estimate for requested designs or services. Only after payment or the deposit is received for any add-on designs or services shall new projects be processed.

Privacy and Nondisclosure:

Commercially reasonable efforts shall be made by the Company to follow the privacy policy attached to this agreement. The Client acknowledges that the privacy policy may be amended at the discretion of the Company.

Any data or information gathered from the Client shall not be disclosed, rented or sold to any third party or entity. The Company shall make every effort to protect the Client’s data and privacy.

Exception to this item of these Terms and Conditions includes any requirement by a law enforcement agency to reveal personal information.

It shall be acknowledged that the Company shall not be responsible for any accidental leaking of information, or illegal intrusion by a third party, nor shall it be liable for any information provided to its online systems or obtained through it by hackers or malicious entities.

Limitations of Liability and Disclaimers:

The Client:

  1. Shall acknowledge that the Company does not censor the information entered into the website by third parties, and any dispute arising out of material submitted to it shall not be its liability or responsibility. Not every party that submits material to the site can be identified, and therefore the Company is released from any liability or claim between users. Any such user-to-user dispute shall not involve any agent, employee or affiliate of the Company, and shall release all such parties from claims and damages of any kind.
  2. Shall acknowledge that the website and services are provided on an “as is” basis. No representation or warranty shall be provided to him or her, or any third party regarding online sites or service, or any content found therein as posted.
  3. Shall acknowledge that the colors, effects and shapes of the design completed during the course of the project may be altered by a variance in electronic devices. The Client shall not hold the Company responsible for any variances in the completed final work due to the output device used. No warranty shall be provided regarding the output quality of any design. Basic guidelines shall be used for color, measurement and codes, which shall be accepted by the Client for each individual design.
  4. To the maximum extent provided by the law, the Company disclaims any warranty or representation regarding merchantability or fitness for particular purposes, against infringement of the intellectual or proprietary rights of any third party, relating to any delay, error or interruption of the service, relating to the delivery or transmission of services rendered, and relating to performance, acts or omissions by the Company or its agents or third parties. Further, no warranty shall exist regarding the meeting of the Client’s needs, or the needs of any other party, by the services provided.
  5. The Company and no third party shall be held liable to the Client or other persons for damages, liability, remedy, losses or costs associated with the use of the website or any portion thereof. The same shall be for any content posted to such web pages. It shall be acknowledged that these Terms and Conditions include any dispute arising from this agreement or other applicable contract, statutory or tort laws.
  6. The Company and no third party shall be liable to the Client or other person’s incidental, punitive, consequential, special or exemplary damages arising from any dispute regarding the services provided by the Company. These Terms and Conditions include any dispute arising from the loss of designs, inconvenience, and loss of business, trading losses, or lost profits. This shall be the same in the event that the Company or any third party is aware that such damages or liability is possible.

Links to Third Party Services:

Client acknowledges that the website may contain links, herein referred to as Linked Content, to third party sites and/or services. He or she acknowledges that the Company shall not be liable for any content or information contained within the Linked Content. Linked Content is provided with the intent of being a convenience. Any Linked Content provided shall not be misconstrued as being endorsed by the Company or its agents. Connecting to Linked Content shall be at the sole risk to the Client.

Indemnification:

The Client acknowledges and agrees to hold the Company and its agents harmless from any dispute or claim arising from a third party, or from the Client in violation of these Terms and Conditions. This shall include any expenses associated with such claims including legal fees.

Termination:

Should any such termination result from the Client’s abuse or breach of these Terms and Conditions or any contract or agreement made with the Company, then he or she shall not be entitled to receive a refund unless, at the discretion of any applicable parties, such a decision is made.

General:

The Terms and Conditions set forth herein shall be the agreement between applicable parties and shall supersede any written or oral, express or implied agreements or representations. The same shall be for any oral agreements made between the Client and The Company or its agents in reference to these Terms and Conditions.

Should any portion of these Terms and Conditions be found to be void or unenforceable by a court of law, then any such portion shall be considered void. However, any remaining portions of this document not found to be void shall remain intact as is stated herein. The language found within these Terms and Conditions shall be considered mutually chosen by applicable parties, without strict construction applied hereto. The meaning of each section herein shall not be affected or misconstrued by the headings found within this document.

Should there be any need for legal recourse between applicable parties, such disputes shall be handled within the jurisdiction of the Company ‘Amberd, Amberd Design Studio and/or Amberd Design’.

Unless otherwise noted, any artwork, images, materials, logos or other media shall remain the copyright of AmberdDesign.com, All rights reserved. Under these Terms and Conditions, it shall be noted that such copyright shall not supersede copyrights that may previously exist within the artwork, logos or other materials provided, which shall remain the property of their respective owners. Should any such materials be copied or reproduced, such instances shall be reported to the respective copyright or trademark holder.

For information about our company and/or these Terms and Conditions please contact us.