Graphic Design Services

AGREEMENT (PUBLIC OFFER)

1. GENERAL PROVISIONS.

The procedure for concluding the agreement
1.1. STUDIO.LOGOS.MEDIA, hereinafter referred to as the “Contractor”, represented by Kanopy Global LLC, acting on the basis of state registration, places this graphic design services agreement (public offer) on the website at: https://logos-media.com/agreement/ and thereby expresses the Contractor’s intention to conclude this agreement with any interested legal entity or individual (including an individual entrepreneur), hereinafter referred to as the “Customer”.
1.2. Unconditional and irrevocable acceptance by the Customer of all the terms and conditions of this agreement (acceptance) shall be the advance payment made by the Customer for the cost of services in accordance with the procedure and on the terms and conditions specified herein. Acceptance is the fact of conclusion of this agreement by and between the Contractor and the Customer on the terms and conditions specified in this agreement. By accepting this agreement, the Customer joins the terms and conditions of this agreement as a whole, without any exceptions and reservations.
1.3. Under this agreement, the Contractor may provide services for the development of the following products:
— design of a corporate trademark — the original style, as well as the full or abbreviated name of the company, the product group of this company;
– corporate identity — a visual image of the company, a set of graphic elements (logo, business cards, letterheads, etc.);
— design of business cards, flyers, brochures and pillars. Prepress preparation;
— design of social media, pages. Templates for Instagram profiles. Designing Facebook or others groups;
— naming — a set of works related to the creation of sonorous, memorable and accurate names for enterprises, projects, goods;
— other graphic design services, for the implementation of which the agreement has been reached between the Contractor and the Customer.
– website and landing – one or more logically interconnected web pages; also the location of the server content.
1.4. After reading the terms and conditions of this agreement, the Customer, using the software tools of the Contractor’s website https://logos-media.com/ or in another form convenient for the Customer (via a phone call, e-mail, etc.), shall send a request in any form to the Contractor for the provision of one or several services from the list specified in clause 1.3 hereof. Based on the request received, the Contractor shall send to the Customer’s e-mail address or any other convenient way for it to receive information (viber, facebook (messenger), instagram, telegram, whatsapp, etc.) the application form for the provision of services specified in the request for the provision of services for filling in (hereinafter referred to as the “brief”). After the Contractor receives the completed brief from the Customer, the Contractor shall send the Customer an invoice for payment or a link to the payment aggregator in any convenient way for it.
1.5. The place of conclusion of the agreement shall not be limited to a certain territory.


2. Terms and definitions
Within the context of this agreement (public offer), the following meanings of the following terms shall be used in the relations between the Customer and the Contractor:
2.1. Offer shall mean this document (agreement) published by the Contractor on the Internet at the address indicated above;
2.2. Acceptance of the offer shall mean full and unconditional acceptance of the offer through the advance payment of the ordered services;
2.3. Customer shall mean a legal entity or individual (including an individual entrepreneur) who accepted the offer;
2.4. Website of the Contractor shall mean a computer program and a database, which is an automated reference system built on web technologies or with the involvement thereof, consisting of web pages designed for operation on the Internet;
2.5. Tariff shall mean the conditions that determine the scope of services available to the Customer, as well as the amount of payment that the Customer is obliged to make.


3. Rights and obligations of the parties
3.1. The Contractor must:
3.1.1. once this agreement enters into force and subject to the Customer’s compliance with the conditions determined by this agreement, perform the services paid by the Customer within the time limits established by the agreement and annexes thereto;
3.1.2. ensure the quality of services in accordance with the requirements of the current legislation;
3.1.3. perform other obligations stipulated by this agreement and accompanying documents thereto.
3.2. The Contractor shall have the right to:
3.2.1. involve third parties in the performance of services, remaining responsible to the Customer for the actions of third parties involved as for their own. At the same time, the Contractor shall continue to bear all the rights, obligations and liability to the Customer under this agreement.
3.2.2. request from the Customer the information necessary for the prompt resolution and coordination of issues related to the provision of services;
3.2.3. demand that the Customer immediately provide the information and materials necessary for the performance of services stipulated by this agreement and annexes thereto.

3.3. The Customer must:
3.3.1. provide the Contractor with the information and materials necessary for the provision of services within the time limits specified by the Contractor;
3.3.2. make an advance payment in full and within the time limits stipulated by this agreement, as well as notify the Contractor of the fact of payment;
3.3.3. accept the services performed and make full payment for their cost.


3.4. The Customer shall have the right:
3.4.1. check the progress of the provision of services without interfering with the activities of the Contractor;
3.4.2. demand that the Contractor transfer the rendered services performed in strict compliance with the terms and conditions hereof;
3.4.3. terminate this agreement if the Contractor fails to perform its obligations, subject to compensation to the Contractor for the costs incurred in the interests of the Customer and payment for services actually performed by the time of termination of the agreement.


4. Cost of services and procedure for payment for services
4.1. The cost of services under this agreement shall be determined according to the current tariffs posted on the Contractor’s website at: https://logos-media.com/agreement/.
4.2. The Customer undertakes to make a 50% advance payment of the cost of services no later than 5 (five) banking days after the date of receipt of the invoice for payment from the Contractor (or a link to the payment aggregator). If the invoice by the Contractor stipulates conditions on the terms, stages, as well as the amount of payment other than the conditions specified in this agreement, the conditions of the invoice shall prevail over the corresponding conditions of this agreement.
4.3. In the event that the Customer, within the period established by this agreement (invoice), has paid in full the amount of the advance payment specified in the invoice, this agreement between the parties for the provision by the Contractor of the services paid by the Customer shall come into force. If the Customer fails to comply with the terms and conditions of the agreement (invoice) on making a full advance payment within the prescribed period, the invoice shall become invalid, unless otherwise established by an additional agreement of the parties. The Contractor shall proceed to fulfilling the order after receiving 50% advance payment of the cost of services (unless a different amount of advance payment is specified by the Contractor in the invoice).
4.4. After the services are completed, the Contractor shall send the result of the services performed to the Customer. At the request of the Customer, it shall be possible to make amendments, the number of which depends on the selected tariff. The term for making amendments shall be 1–2 business days after the date of receipt of the relevant request.
4.5. Depending on the selected tariff, the contractor shall prepare several options for the graphic design element, after which the Customer selects no more than 2 (two) options suitable for it to be finalized to the final result.
4.6. The remaining cost of services (50% of the cost) shall be paid within 5 (five) banking days after the Customer accepts the result of the services rendered and receives from the Contractor an invoice for payment or a link to the payment aggregator. After the Contractor receives the final part of the payment, the Contractor shall prepare the source files and send them to the e-mail provided by the Customer.
4.7. Unless the proposed options suit the Customer, the Contractor additionally offers the Customer no more than 2 options for the graphic design element, if these options fail to suit the Customer, the agreement shall be considered terminated. In this case, the advance payment made in accordance with clause 4.2. of this agreement shall be non-refundable.
4.8. Payment for the Contractor’s services shall be made by the Customer by transferring funds to the Contractor’s bank account or through the payment aggregator system using the link provided by the Contractor.
4.9. If the Customer, in the process of providing services, proposes to make changes or increase the volume or list of services, or the method of their performance, the Contractor shall have the right, at its sole discretion, to refuse to provide additional services or increase the cost and timing of their performance, taking into account additionally ordered services. At the same time, additional services that were not initially agreed upon by the parties at the conclusion of this agreement may be performed by the Contractor under a separate agreement or additional agreements to the existing agreement.

5. Procedure for the delivery and acceptance of services rendered
5.1. The Customer shall have the right to make corrections to the preliminary or final result of the services. The maximum total number of corrections shall be set in accordance with the selected tariff. The Customer’s corrections shall be accepted for revision by the Contractor if the Customer has sent information about the necessary corrections no later than 5 (five) business days after the Contractor transfers the preliminary or final result of the services to the Customer. If the Customer receives no message about the need to make corrections within the specified period, the result of the services shall be considered approved by the Customer and accepted without comments.
5.2. Upon completion of the services, the Contractor shall transfer to the Customer the final result of the services in electronic form. Sources shall be transferred through the service: Google Drive and shall be stored for 3 months after the date of transfer.
5.3. If necessary, the Contractor shall, at its sole discretion or by agreement of the parties, draw up a bilateral Certificate of Services Performed for signing (in electronic or printed form) by both parties. If the parties have agreed on drawing up the Certificate of Services Performed bilaterally, and at the same time the Customer unreasonably refuses to sign the Certificate of Services Performed or fails to transfer to the Contractor the Certificate of Services Performed signed by the Customer within 5 (five) business days after the date of its receipt, the Certificate of Services Performed shall be considered signed by the Customer by default. At the same time, confirmation of the fact that the Customer signed the Certificate of Services Performed (in electronic form) shall be considered a response e-mail with a text message — “Signed” or the absence of any response e-mail within 5 (five) business days after the date the Contractor sent the Certificate of Services Performed to Customer’s e-mail.


6. LIABILITY OF THE PARTIES
6.1. For improper performance of their obligations under this agreement, the parties shall be liable in accordance with the current legislation of the country where the Contractor is a resident.
6.2. The Contractor shall bear no liability for interruptions in the operation of the Contractor’s website caused by the low quality of lines and communication channels provided by third parties.
6.3. If the Customer fails to perform the obligations specified in this Agreement, the Customer undertakes to reimburse the Contractor for the losses and other costs incurred by the Contractor due to the fault of the Customer as a result of failure to perform its obligations.
6.4. The Contractor shall be liable for the uniqueness of the name options (naming) only in the country of the Customer, based on the open databases and registers of such a country.
6.5. The Contractor shall have the right to use stock images or their elements if necessary.


7. Confidentiality
7.1. The Contractor shall have the right to publish the project developed for the Customer in its portfolio without notifying the Customer.
7.2. The Contractor shall have the right to publish reviews (part of the correspondence) in its portfolio without notifying the Customer.

8. Force majeure
8.1. The parties shall be released from liability for full or partial failure to perform obligations under this agreement if such failure is the result of force majeure circumstances (force majeure), including: riots, prohibitive actions of authorities, natural disasters, fires, catastrophes, actions of state authorities (adoption of restrictive or prohibitive legal acts, etc.), fire, flood, earthquake, other natural disasters, strikes, civil unrest and disturbances, military conflicts, as well as lack of communication due to the fault of Internet service providers, serious illness of the Contractor preventing the provision of services, and other circumstances beyond the control of the parties.
8.2. The party affected by force majeure circumstances, which as a result is unable to perform its obligations under this agreement, must notify the other party in writing no later than 5 (five) business days after such circumstances occur. Untimely notification of force majeure circumstances shall deprive the party of the right to refer to them when resolving disputes.
8.3. In the event of force majeure circumstances, the deadline for performing the obligations under this agreement shall be extended in proportion to the time during which such circumstances and their consequences are in force.
8.4. After the termination of these circumstances, the party must notify the other party in writing within 5 (five) business days, indicating the deadline by which it is supposed to perform the obligations.
8.5. If the circumstances specified in this section hereof last more than 3 (three) months, each party shall have the right to terminate this agreement with subsequent mutual settlements for the actually performed work without the obligation to compensate for potential damages to the other party.


9. Intellectual property
9.1. The entire complex of exclusive property rights to unique design elements developed personally by the Contractor as part of the Customer’s assignment (hereinafter referred to as the “intellectual property object”) shall be transferred to the Customer, including:
— the right to use the intellectual property objects specified in this agreement throughout the world at its own discretion in any form and in any way, including in business, without agreement with the Contractor and without paying it additional remuneration in addition to that provided for herein;
– the right to transfer this right to another person in whole or in part, the right to allow another person to use intellectual property objects, the right to dispose of them otherwise;
— the right to prohibit other persons from using the intellectual property objects;
— all other exclusive rights to the above intellectual property objects.
9.2. Exclusive property rights to intellectual property objects shall be transferred from the Contractor to the Customer only after full payment for the Contractor’s services.
9.3. When developing a logo, printed matter or other graphic elements, the Contractor shall use free fonts, subscription fonts, for example: Envato elements, or fonts with a Desktop license. Source codes of graphic elements shall be transferred to the Customer in “curves” (the font file shall not be transferred). The customer shall obtain / buy the font file and license (if required) at its own.


10. Dispute resolution
10.1. In the event of any disputes or disagreements between the parties arising out of the execution of this agreement, the Contractor and the Customer undertake to take all necessary measures to resolve them through negotiations.
10.2. In case of failure to reach an agreement between the parties on controversial issues, disputes under this agreement shall be subject to resolution in court, at the location of the Contractor.
10.3. The applicable law under this agreement, including when considering disputes, shall be the legislation of the country of residence of the Contractor.

11. Final provisions
11.1. The parties recognize the legal force of all annexes and addenda to the concluded agreement, as well as all documents drawn up for the execution thereof, transmitted by post, facsimile or electronic communication, if it is reliably possible to determine that the document originates from a party to the agreement.
11.2. All correspondence between the parties related to the conclusion, execution, amendment or termination of this agreement transmitted by post, facsimile or electronic communication shall be legally binding and shall be an integral part of this agreement.
11.3.The information contained on the web pages, the addresses of which are indicated in the text hereof, shall be an integral part of the agreement.
11.4. The Contractor shall have the right to refuse to execute the contract and terminate it if the Customer fails to provide the necessary information and materials for the performance of services, as well as if the Customer has violated other terms and conditions of this agreement.
11.5. In the event that the Customer delays in providing materials and information, agreeing on the stages of services, paying for additional services, or otherwise failing to perform its obligations stipulated by the agreement and annexes thereto, the time limits for the performance of services by the Contractor shall be automatically extended (without notifying the Customer) for the period of delay in the Customer’s performance of its obligations, with the addition to this period of 10 (ten) business days required by the Contractor to resume work on the order.
11.6. The Contractor shall have the right to unilaterally change the terms and conditions of the agreement by amending the text of this agreement. All amendments to the terms and conditions hereof shall be monitored by the Customer at its own at the Internet address https://logos-media.com/agreement/.
11.7. The parties have unconditionally agreed that all amendments and addenda to this agreement shall be accepted by the Customer automatically and shall not be subject to additional approval. At the same time, the cost of services paid timely and in full by the Customer shall not be subject to change by the Contractor unilaterally.
11.8. The agreement between the parties shall come into force once the Customer accepts the Contractor’s offer and shall be valid until the parties fully perform all their obligations.


12. Contact details and details of the Contractor
Kanopy Global LLC
EIN 37-2090328
Address:
1007 N Orange St. 4th Floor Suite #1874, Wilmington, Delaware 19801, United States
E-mail: studiologosmedia@gmail.com
Website: https://logos-media.com
Details for making a payment shall be provided by the Contractor in accordance with the procedure prescribed by this agreement.