Company

We are the online market nicher in graphic design marketplace. We’ve been connecting passionate designers with customers who need quality, affordable design services.

Cancellation & Refund Policy

Last Updated: April 25, 2021 

 

Terms of Use

The website https://TopLogoBids.com where as referred as Site. Certain features of the Services of the Site may be subject to additional guidelines, terms, which will be posted on the Service in connection with such features. To the extent such terms, guidelines, and rules conflict with these terms of use, these terms of use shall govern.

These Terms of Use (“Agreement”) set forth the legally binding terms for your use of the Site and Services. By registering for Services, you are accepting this Agreement and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. You may not access or use the Site or Services if you are not at least 18 years old. If you do not agree with all of the provisions of this Agreement, you cannot use the Services.

 

1. Service

1.1 General

TopLogoBids provides a platform that connect customers who want to purchase designs (“Customers”) and designers who wish to provide such designs (“Designers”). “User” means any user of the Site or Service, and may be a Designer or a Customer.

1.2 Design Contest

Customer may lunch a design contest, paying the Customer Payment to TopLogoBids and following the other instructions on the Site.

Customer shall select one or more winning Design Concepts by a certain time specified by TopLogoBids. If no winner is selected in the qualifying or final round, TopLogoBids will retain the Customer Payment and will distribute Management Fee, Designer Fee in the form of TopLogoBids among the Designers who participated in the final round by TopLogoBids’ sole discretion.

Customer have to select one or more winning Design Concepts by the time Contest closes in Delivery Schedule. Customer may withdraw Contest for a refund of the Customer Payment before entering the final round and before closing the Contest. In this case, Customer has no right or license to use any Design Concepts.

1.3 Project Service

Customers and Designers can work with each other on design projects by creating a 1-to-1 project (“Project Service”) and following the directions on the Site. Designer can create quotes for Customers. TopLogoBids will send an invoice to Customer based on Designer’s quote plus platform and other applicable fees. Customer can pay TopLogoBids' invoices and reserve the right to accept designs.

If designs have not been accepted by Customer, Customer may request a refund, deducted platform and other applicable fees, of the Customer Payment from TopLogoBids, at any time up to 30 days after the date of invoice payment, or before delivery of Designs, whichever happens sooner.

After Designer has delivered the designs, Customer will be deemed to have accepted the designs unless Customer provides notice of rejection to TopLogoBids and Designer within 3 days of delivery of the designs.

If the cause for the notice of rejection is not cured within 30 days of a rejection notice, TopLogoBids will refund the Customer Payment and Customer will have no right to use the resulting design in any way. TopLogoBids reserves the right in its sole discretion to restrict Customers or Designers from creating projects using Project Services and to remove projects. TopLogoBids has no involvement in managing or providing the design to Customer and is simply providing the ability for Designer to store files for, work with Customers, and for Customers to request services from, view designs, provide feedback on projects and pay TopLogoBids, using Project Services.

 

2. Payment Terms

The following terms apply to Customers who have purchased a Design and Designers who have sold a Design.

2.1 Customer Payment

The “Customer Payment” means the price selected by Customer when Customer launched a Design Contest as set forth at https://TopLogoBids.com/pricing; or TopLogoBids' invoiced price for the Design issued through the Project Service.

2.2 Refunds

TopLogoBids will make refunds of the Customer Payment, deducted platform and other applicable fees, to Customer using the same payment methods that Customer used to make the Customer Payment to TopLogoBids or via any other method specified by TopLogoBids from time to time.

If a refund is paid to Customer or a credit card charge back occurs, then:

(a) Designer must reimburse TopLogoBids for the applicable Designer Fee; and

(b) Customer will initially receive the amount of the Customer Payment, less platform and other applicable fees.

TopLogoBids may refund Customers for the following reasons: (i) the Design is Defective; (ii) TopLogoBids is required by law or considers that it is required by law to do so; (iii) TopLogoBids determines that issuing a refund to Customer will avoid any dispute or increased costs to TopLogoBids; (iv) TopLogoBids issues the refund to Customer in accordance with any refund policy specified by TopLogoBids from time to time; (v) Customer placed a duplicate order in error.

A Design will be deemed to be “Defective” if: (i) Customer and Designer agree it is defective and notify TopLogoBids of this fact; (ii) the Design is subject to a third party claim that the Design infringes/misappropriates such party’s IPR, that is not frivolous.

2.3 Designer Fee

TopLogoBids pays the Designer Fee to Designer in the form of TopLogoBids payment.

Design Fee as set forth at https://TopLogoBids.com/pricing, less platform and other applicable fees.

 

3. Accounts

In order to use the Service, you must register for an account with TopLogoBids and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information.

Without limiting the generality of the foregoing, you agree to provide TopLogoBids with identification documents (including copies of IDs, passports or drivers licenses) which TopLogoBids requests from you from time to time for the purposes of verifying your identity. You may delete your Account at any time, for any reason, by calling Customer Support. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify TopLogoBids of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security which is based on your negligence. TopLogoBids cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. Designers may not have more than one Account.

 

4. User Content

4.1 Your User Content

“User Content” means any and all information and content that a User submits to, or uses with, the Site or Services. User Content includes Design Contests, Design Concepts, and reviews and/or testimonials (“Reviews”). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by TopLogoBids. Because you alone are responsible for your User Content (and not TopLogoBids), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. TopLogoBids is not obligated to remove any Design Contests, or Reviews from the Site unless required by applicable Law. TopLogoBids is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.

4.2 License to User Content

You hereby grant, and you represent and warrant that you have the right to grant, to TopLogoBids an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license for all the duration of the intellectual property rights to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services and making it available on third party platforms via Partner Integrations; and for general marketing purposes of TopLogoBids; provided that TopLogoBids will only use your Design Brief and Design Concepts in accordance with the private or public settings of the Design Contest and Project Service or for the purposes of enabling and operating a Partner Integration. You agree to irrevocably waive any claims and assertions of moral rights or attribution with respect to your User Content.

 

5. Acceptable Use Policy

The following sets forth TopLogoBids’ “Acceptable Use Policy”:

5.1 Privacy

You agree that you will only use the personal information of other Customers or Designers made available to you only for the purposes of interacting with them in relation to the Services. You must not use their personal information for any other purpose, including for marketing purposes. You represent and warrant that you will comply with applicable privacy laws and data protection laws in relation to the storage, use and transfer of personal information.

We think transparency is important. In this overview, we summarize the personal information we collect and how we use it, which is further explained in our Privacy Policy below. Keep in mind that the actual personal information we collect and how we use it varies depending upon the nature of our relationship and interactions with you. Also, in some cases (such as where required by law), we ask for your consent or give you certain choices prior to collecting or using certain personal information.

Use of Personal Information. In general, we may use and disclose the personal information we collect for the following business and commercial purposes:

  • Providing and supporting our services
  • Supporting collaboration, networking, and projects
  • Communicating with you
  • Personalizing content and experiences
  • Analyzing and improving our services
  • Protecting TopLogoBids, you, and others
  • Complying with legal obligations
  • In support of our general business operations

5.2 User Content

You agree not to use the Site or Services with any User Content or to provide any products or services that (a) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right (including by allowing any third party to download or reuse any User Content in violation of any such third party rights, by using any work in an editorial manner without affixing the necessary credit or attribution or by posting or uploading or allowing any third party to post or upload any User Content on social media sites that grant exclusive rights or ownership in respect of such User Content to any third party); (b) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, slanderous, indecent, pornographic, obscene, patently offensive or otherwise objectionable material of any kind or nature or which is harmful to minors in any way or that would otherwise imply that the creator of the User Content, or the persons or property appearing in the User Content (if any), endorse any political, economic or other opinion-based movements or parties or in a way that places any person in the User Content in a bad light or in a defamatory, unlawful, immoral or offensive manner; (c) is in violation of any laws, or obligations or restrictions imposed by any third party; or (d) would cause a material risk to the security or operations of TopLogoBids or any third party.

5.3 Other Guidelines/Policies

We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities) if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person.

 

6. Site

6.1 License

Subject to the terms of this Agreement, TopLogoBids grants you a non-transferable, non-exclusive, license to use the Site and Services for your internal business purposes.

6.2 Feedback

If you provide TopLogoBids any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign and agree to assign upon our request to TopLogoBids all rights in the Feedback and agree that TopLogoBids shall have the right to use such Feedback and related information in any manner it deems appropriate. TopLogoBids will treat any Feedback you provide to TopLogoBids as non-confidential and non-proprietary. You agree that you will not submit to TopLogoBids any information or ideas that you consider to be confidential or proprietary.

6.3 Ownership

Each User owns its own User Content. Excluding your User Content, you acknowledge that all the IPR in the Site and Services are owned by TopLogoBids or TopLogoBids’ licensors. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to such IPR. TopLogoBids and its suppliers reserve all rights not granted in this Agreement.

 

7. Limitation on Liability

In no event shall we (and our suppliers) be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to this Agreement or your use of, or inability to use, the Site or Services, even if we have been advised of the possibility of such damages. Access to, and use of, the Site and Services are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data resulting therefrom.

 

8. General

8.1 Changes to Terms of Use

This Agreement (including pricing terms) is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Any changes to this agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site or Services. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site or Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

8.2 Entire Agreement

This Agreement constitutes the entire agreement between you and us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to TopLogoBids is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without TopLogoBids’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.