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Logo Design Service Agreement
HyperQuad Solutions
Logo Design Service Agreement
This HyperQuad Solutions Logo Design Service Agreement ("Agreement") is entered into by and between HyperQuad Solutions ("HyperQuad Solutions") a/an Arizona corporation and you and your heirs, agents, successors and assigns (collectively, "You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of HyperQuad Solutions's Logo Design Service and its related services (collectively, the "Services") and represents the entire agreement between You and HyperQuad Solutions concerning the subject matter hereof. By using the Services, You acknowledge that You have read, understand, acknowledge and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies including, but not limited to, the Universal Terms of Service that HyperQuad Solutions may establish from time to time, in its sole discretion, and any agreements that HyperQuad Solutions is currently bound by or may become bound by in the future. All HyperQuad Solutions policies and agreements related to Your use of the Services are incorporated herein and made part of this Agreement by reference.

Design Services
Depending on the level of service purchased, HyperQuad Solutions will create a logo tailored toward Your reasonable expectations. The service will include an initial interview, presentation of a series of initial designs and up to two rounds of requested revisions to the selected design. HyperQuad Solutions may request sample artwork, content or other material that You have indicated a desire to incorporate into the logo design. All such material must be supplied in an electronic file format and transmitted to HyperQuad Solutions electronically via email or file upload. Files that are too large to be transmitted electronically can, by prior arrangement, be delivered on a CD to our facilities via the United States Postal Service. Content can, by prior arrangement, be faxed or sent to our facilities in hard copy format. Content delivered in hard copy format may incur additional fees for electronic conversion. HyperQuad Solutions is not responsible for delays in completion due to delays in the receipt of shipped items. HyperQuad Solutions, in its sole discretion, may require you to re-submit images should they determine that the images are not of high enough quality. HyperQuad Solutions will not begin construction of Your logo until all requested materials and assurances of rights have been received from You. All materials provided should be copies and not original material. HyperQuad Solutions will not return any materials provided by You in the design process. Failure to provide such material within thirty (30) days from request will result in cancellation of Your work order. No credits or refunds will be given for such cancellation. HyperQuad Solutions will strive toward your Satisfaction, but does not guarantee that all of your requests will be satisfied if they are unreasonable or unable to be accomplished within the scope of the Services. Delivery of the revised logo design via electronic mail after the second requested revision completes HyperQuad Solutions' s obligations under this Agreement and releases HyperQuad Solutions from any obligation for further revisions or alterations. Requests for additional design compositions beyond the first three (3), or requests for additional design revisions beyond the first two (2), will result in additional hourly design fees based on the number of additional hours worked. Requests for illustrative logos will result in additional hourly design fees based on the number of additional hours needed to create the illustration. If You cancel the logo design service after work has commenced, You will incur a termination fee based on the number of hours invested in the logo design service.

Limitations

HyperQuad Solutions strives towards creating a logo that meets your expectations. However, HyperQuad Solutions does not guarantee that expectations will be met if requests are unreasonable or unable to be completed within the scope of the Service. Every step of the Service requires Your feedback. Failure to provide timely and reasonable feedback may delay or frustrate completion of the Service. HyperQuad Solutions is not responsible for additional fees, time, or expenses incurred because of delays caused by lack of reasonable feedback, including Your failure to initiate the process. Should You fail to initiate the creation process by not responding to the initial request for interview within thirty (30) days, Your account will be considered inactive and the Service will terminate. No refunds or credits will be given for termination due to Your failure to respond to the initial request for interview or any feedback requests. Should You delay feedback for more than thirty (30) days Your unfinished logo may be archived and will require additional activation fees to recover.

HyperQuad Solutions reserves the right to refuse any direction to create a logo that exploits children, contains pornography or other tasteless images, contains copyrighted or trademarked materials of others or infringes on the intellectual property rights of another, harasses, defames or slanders another, or for any other reason that HyperQuad Solutions, in its sole discretion, decides. HyperQuad Solutions has the right, but not the obligation, to back up or archive Your custom logo before delivery.

The Services, the resulting product and all copies belong to the copyright owner. The Services, the resulting product and all copies are copyrighted and are protected by United States copyright laws and international treaty provisions with all rights reserved. Upon final delivery of the custom logo, the copyright owner grants You an all rights, titles and interest in the logo and any products resulting from the purchase of the Services. Except as explicitly granted herein, HyperQuad Solutions does not grant any express or implied right to You under HyperQuad Solutions patents, copyrights, trademarks, or trade secret information. HyperQuad Solutions may display the resulting product online, in marketing materials or in other manners in HyperQuad Solutions's sole discretion.


Maintenance and Alterations After Delivery
The Services are for the initial creation of a logo only and do not include routine maintenance or major alterations.

Availability of Services
Subject to the terms and conditions of this Agreement and each of HyperQuad Solutions's policies and procedures, HyperQuad Solutions shall use commercially reasonable efforts to attempt to provide the Services on Monday – Friday, 9am – 5pm EST basis, excluding holidays, throughout the term of this Agreement. You acknowledge and agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that HyperQuad Solutions may undertake from time to time; or (iii) causes beyond the reasonable control of HyperQuad Solutions or that are not reasonably foreseeable by HyperQuad Solutions, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that HyperQuad Solutions has no control over the availability of the Services on a continuous or uninterrupted basis.

Your Obligations

By using the Services, You agree that You are age 18 or over. The Service is available only to persons who can make legally binding contracts under applicable law. You agree to provide a valid email address to receive information, questions and the final approved logo design.

You agree that you have the appropriate rights or licenses in all logos, trademarks or intellectual property supplied by You.

You agree that all requests shall be reasonable in nature and within the scope of the Service as advertised.

You also agree to respond to any requests for feedback within fourteen (14) days. Failure to respond within thirty (30) days shall result in a non-refundable cancellation of the Service.


Limitation of Liability

THE SERVICES AND THE ASSOCIATED SOFTWARE ARE BEING PROVIDED AND /OR LICENSED "AS IS" AND HyperQuad Solutions DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED OR AUTHORIZED BY LAW WITHOUT LIMITATION OF THE FOREGOING, HyperQuad Solutions EXPRESSLY DOES NOT WARRANT THAT THE SERVICES OR THE ASSOCIATED SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT USE OF THE SERVICES OR OPERATION OF THE ASSOCIATED SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE .

IN NO EVENT SHALL HYPERQUAD SOLUTIONS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA , OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE SERVICES, EVEN IF HyperQuad Solutions IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

You shall indemnify, defend by counsel reasonably acceptable to HyperQuad Solutions, protect and hold HyperQuad Solutions harmless from and against any and all claims, liabilities, losses, costs, damages, expense, including consultants` and attorneys` fees and court costs, demands, causes of action, or judgments directly or indirectly arising out of or related to Your use of the services.


HyperQuad Solutions 's Rights and Restrictions
HyperQuad Solutions explicitly reserves the right and sole discretion to: (i) modify its pricing, if desired by HyperQuad Solutions ; (ii) establish limits and guidelines concerning the use of the Services; (iii) terminate Your use of the Services for use of the Services to unnecessarily or illegally harass, non-payment of fees for the Services, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of the United States and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of HyperQuad Solutions, activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that HyperQuad Solutions determines, in its sole discretion, to be harmful to its other customers, operations, or reputation; (iv) terminate Your use of the Services if Your use of the Services results in, or is the subject of, legal action or threatened or proposed legal action, against HyperQuad Solutions or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit, and (v) terminate Your use of the Services if You have not responded to requests for feedback. If HyperQuad Solutions terminates Your use of the Services, HyperQuad Solutions may, at its own option and in its sole discretion, remove and destroy data and files stored by You on its servers. HyperQuad Solutions has no obligation to monitor Your use of the Services, but reserves the right in its sole discretion to do so.