This Brand Identity Design Service Agreement ("Agreement") is entered into by and between GoDaddy ("GoDaddy"), a Delaware limited liability company 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 GoDaddy's Brand Identity Design Service and its related services (collectively, the "Services") and represents the entire agreement between You and GoDaddy concerning the subject matter hereof. By using the Services, You acknowledge 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 GoDaddy may establish from time to time, in its sole discretion, and any agreements that GoDaddy is currently bound by or may become bound by in the future. Such Agreements may be found here. All GoDaddy policies and agreements related to Your use of the Services are incorporated herein and made part of this Agreement by reference.
1. Design Services
Depending on the level of Service purchased, GoDaddy will create a brand identity design tailored toward Your reasonable expectations.
If You purchase the logo design Service, the Service will include an initial interview, presentation of the three (3) initial designs and up to two (2) rounds of requested revisions to the selected design.
If You purchase the business card and/or the letterhead design Service, the Service will include presentation of two (2) initial designs and up to one (1) round of requested revisions to the selected design. The business card design Service includes design for a standard 3.5" x 2" one-sided card. The letterhead design Service includes design for one-sided standard letterhead size 8.5" x 11" and one-sided standard #10 envelope size 9.5" x 4.13". Non-standard sizes, double-sided design, die-cuts, and Microsoft Word template design may be included at Your request and for an additional quoted fee. The business card design Service includes typesetting of one (1) name with contact information, and requires Your submittal of the name and contact information before the design Service will begin. The business card and letterhead design Services will include elements from the logo and/or complementary graphics and will not include illustration, hand-drawing, hand coloring, or logo design. The business card and letterhead design Services will include the font specification for Your print vendor to typeset additional items.
GoDaddy may request sample artwork, content or other material that You have indicated a desire to incorporate into the brand identity design. All such material must be supplied in an electronic file format and transmitted to GoDaddy 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 GoDaddy's facilities via any standard shipping carrier. Content can, by prior arrangement, be faxed or sent to GoDaddy's facilities in hard copy format. Content delivered in hard copy format may incur additional fees for electronic conversion. GoDaddy is not responsible for delays in completion due to delays in the receipt of shipped items. GoDaddy, in its sole discretion, may require You to re-submit images should they determine that the images are not of high enough quality. GoDaddy will not begin construction of Your brand identity design until all requested materials and assurances of rights have been received from You. All materials provided should be copies and not original material. GoDaddy 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.
If You provide a logo design for use in a business card or letterhead design, GoDaddy will complete the design service if in its sole determination the logo design You provide is a high enough quality vector illustration. If the logo design You provide is not a high enough quality vector illustration, GoDaddy will offer to recreate the logo in a vector format for an additional fee. If You purchase a business card design or letterhead design in addition to a logo design, design service for the business card and letterhead will begin after Your final approval of the logo design.
GoDaddy will strive toward Your satisfaction, but does not guarantee all of Your requests will be satisfied if they are unreasonable or unable to be accomplished within the scope of the Services. Delivery of Your approved brand identity design via Design Manager or electronic mail completes GoDaddy's obligations under this Agreement and releases GoDaddy from any obligation for further revisions or alterations. You agree GoDaddy is not responsible for sending files to, or any communication with, Your vendor(s). Requests for additional design compositions or design revisions, will result in additional hourly design fees based on the number of additional hours worked. If You cancel the brand identity design service after work has commenced, You will incur a termination fee based on the number of hours invested in the brand identity design service.
GoDaddy strives towards creating a brand identity design that meets Your expectations. However, GoDaddy does not guarantee 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. GoDaddy 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 brand identity design may be archived and will require additional activation fees to recover.
GoDaddy reserves the right to refuse any direction to create a brand identity design 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 GoDaddy, in its sole discretion, decides. GoDaddy has the right, but not the obligation, to back up or archive Your brand identity design before delivery.
The Services, the resulting product and all copies belong to Starfield Technologies, LLC ("Starfield"). 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 brand identity design, Starfield grants You all rights, titles and interest in the brand identity design and any products resulting from the purchase of the Services. Except as explicitly granted herein, GoDaddy does not grant any express or implied right to You under GoDaddy patents, copyrights, trademarks, or trade secret information. GoDaddy may display the resulting product as-is or with alterations online, in marketing materials, or in other manners in GoDaddy's sole discretion.
The logos developed by GoDaddy are delivered without any representation or warranty as to Your ability to obtain trademark, copyright, or similar protections in the United States or any other jurisdiction. GoDaddy expressly disclaims all liability for infringement on the intellectual property or other proprietary rights of any third party. GoDaddy is not responsible for advising You as to any potential trademark or copyright issues related to proposed logo designs, and You should consult Your own attorney with any such questions.
3. Maintenance and Alterations After Delivery
The Services are for the initial creation of a brand identity design only and do not include routine maintenance or major alterations.
4. Availability of Services
Subject to the terms and conditions of this Agreement and each of GoDaddy's policies and procedures, GoDaddy shall use commercially reasonable efforts to attempt to provide the Services on Monday - Friday, 9am - 5pm MST 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 GoDaddy may undertake from time to time; or (iii) causes beyond the reasonable control of GoDaddy or that are not reasonably foreseeable by GoDaddy, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree GoDaddy has no control over the availability of the Services on a continuous or uninterrupted basis.
5. Your Obligations
By using the Services, You agree You are age eighteen (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 brand identity design.
You agree 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.
6. GoDaddy 's Rights and Restrictions
GoDaddy explicitly reserves the right and sole discretion to:
- modify its pricing, if desired by GoDaddy ;
- establish limits and guidelines concerning the use of the Services;
- 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 tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of GoDaddy, 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 GoDaddy determines, in its sole discretion, to be harmful to its other customers, operations, or reputation;
- 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 GoDaddy 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
- terminate Your use of the Services if You have not responded to requests for feedback.
If GoDaddy terminates Your use of the Services, GoDaddy may, at its own option and in its sole discretion, remove and destroy data and files stored by You on its servers. GoDaddy has no obligation to monitor Your use of the Services, but reserves the right in its sole discretion to do so.