Terms and Conditions

 
 

general terms and conditions

This website enables the ordering of a variety of products and services designed to help your business grow and stand out. The terms "we", "our", and "us" in this Terms of Service statement refer to Oh Hey Logo and its affiliates. 

By entering into any contract or agreement with Oh Hey Logo (a division of Smith Made Studio Inc.) for products and/or services to be provided by Oh Hey Logo, including, without limitation, ordering any products or services through the Oh Hey Logo website (hereinafter referred to as your “Contract” with Oh Hey Logo), you hereby agree to abide by, comply with, and be legally bound by the policies, terms, and conditions hereinafter set forth (these “Terms and Conditions”).

For the purpose of these Terms and Conditions, references to the products and/or services provided by Oh Hey Logo shall include, without limitation, logos, designs, graphics or similar materials or information, website design, and other design and marketing services or other coding services, and any and all future product or service offerings of Oh Hey Logo.

Oh Hey Logo uses the Squarespace system for our website Content Management Systems (CMS) and eCommerce platform. We use Stripe and PayPal as our payment provider, processor, and gateway. Your interactions with and use of these services and features are governed by the individual Privacy Policies and Terms of Service of each provider.

-- Squarespace Terms of Service and Privacy Policy
-- Stripe Terms of Service and Privacy Policy
-- PayPal Terms of Service and Privacy Policy

If you do not agree with any provision of these Terms and Conditions, you should not order any products or services from Oh Hey Logo or enter into your Contract with Oh Hey Logo. These Terms and Conditions are hereby incorporated by reference into your Contract. To the extent that any provision of these Terms and Conditions conflicts with any provision of your Contract, the provision set forth herein shall be deemed amended so as to be consistent with the provisions of your Contract.

Oh Hey Logo reserves the right to modify, amend, update, and change these Terms and Conditions from time to time without notice. You are responsible for regularly viewing these Terms and Conditions. You acknowledge and agree that Oh Hey Logo shall not be liable to you or to any third party for any modification, amendment, suspension, discontinuance, or other change to these Terms and Conditions.

If any provision of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part for any reason, the remainder of the Terms and Conditions shall remain valid and enforceable. 

All headings in this agreement are for convenience only and shall not affect the meaning of any provision hereof.

Payment

All prices in USD unless otherwise noted. All fees are subject to change should any unforeseen issues arise. 

Custom logo design - 100% upfront required to start. Payment may be made by Master Card, Visa, AMEX, or PayPal. 

By purchasing products and/or services from Oh Hey Logo (a division of Smith Made Studio Inc.) you hereby agree to abide by, comply with, and be legally bound by the policies, terms, and conditions set forth (these “Terms and Conditions”). If you do not agree to these terms, please notify margot@ohheylogo.com within 24 hours of your purchase for a full refund. No refunds will be issued after 24 hours of purchase.

Refunds/Cancellation Policy

No refunds will be given after 24 hours of a project booking or payment being received. Oh Hey Logo (a division of Smith Made Studio Inc.) will determine, in its sole discretion, whether you are entitled to any refund. Should you receive a refund, you will be refunded an amount, less applicable termination and service fees. You agree that your acceptance of the refund shall constitute your sole and exclusive remedy with respect to related Responses. Additionally, you acknowledge that you will have no right (express or implied) to use any Response or other work product, content, or media, nor will you have any ownership interest in or to the same.

Our Obligations

The Service provides individuals or entities that have signed up (each, a “Client”) the option to use a system to post specific assignments and project descriptions (each, a “Project”), including illustrative samples or other media (each, a "Creative Brief"), and obtain responses (each, a "Response") to those Creative or Revision Briefs from design experts retained by Oh Hey Logo ("Members"). Oh Hey Logo will provide you, as the Client, the Service according to the product purchased. 

 “Client Questionnaire” means all the information we need to assess and interpret the needs and expectations of your project. As outlined on the homepage of our website, you will receive the products, services, and details described (“Scope of Work”). A “Concept” means a unique idea or artwork presentation specific to an individual project.  A “Round of Revisions” means a one-time, consolidated list of requested changes submitted to us by you. All changes requested outside of this Round will be subject to additional charges.

You agree to deliver the Client Questionnaire within the 24 hours of the date you sign up for the Services (“Survey Delivery Period”). At the time that your Client Questionnaire has been submitted, your project timeline will start. Until which time that your Client Questionnaire is received, the project will remain halted and all work will cease until which time the Client Questionnaire has been provided to us by you.

Oh Hey Logo reserves the right to refuse Service or remove content if any project, which in our sole and absolute opinion, is deemed illegal, misleading, or obscene, or is otherwise in breach of our Terms of Use. Oh Hey Logo does not have a duty and does not generally screen or edit projects, but we reserve the right to monitor or to remove, without notice, any project which, in our sole discretion or upon order of a court or regulatory agency, are in breach of our Terms of Use.

Oh Hey Logo does not guarantee that your logo will not have similarities to logos designed by us for our other customers. Apart from your logo as a whole, you obtain no right or claim of any kind to any individual design element or elements of the logo and we reserve the right to use one or more of the design elements in other logo design projects for other customers.

You will own the final product but will not own any materials, media or other content generated during any revision cycles leading up to the final product and we expressly reserve all right, title and interest in and to the same. You acknowledge and hereby grant us a royalty-free, irrevocable, exclusive, worldwide right to use creative and revision briefs, individual responses provided to you, and the final product for internal and archival purposes and to display and promote our logo design Services.

Your Obligations

You are solely responsible for preparing and submitting detailed descriptions of each of your Creative Briefs to your Client Happiness Representative, including providing samples illustrating your Creative Brief and any relevant deadlines. Oh Hey Logo is under no obligation to review a Creative or Revision Brief for any purpose, including accuracy, completeness of information, quality or clarity. Oh Hey Logo may decide, in its sole discretion, to deny a Creative or Revision Brief.

When Oh Hey Logo provides you with a Response, you are responsible for reviewing the Response and providing a response within 24 hours. If you fail to promptly inform Oh Hey Logo that the Response is not reasonably responsive to the related Creative Brief, you will be deemed to have accepted the Response. If you notify Oh Hey Logo that you think a Response is not reasonably responsive to the related Creative Brief, you shall then submit a Revision Brief containing information regarding amendments or modification to be made to the initial Response. After you provide Oh Hey Logo with a Revision Brief, Oh Hey Logo will provide you with a subsequent Response that conforms to the additional criteria you requested. 

Revision Briefs

Revision requests shall be modifications (refinements) of the current composition only. Revision requests that depart from the current composition will be honoured and completed in a timely manner, however; Oh Hey Logo reserves the right to charge additional fees for each such Revision. No revision work, which requires payment, will be started without your authorization.

You agree to provide timely responses to any status notifications that Oh Hey Logo sends to you. Oh Hey Logo reserves the right, in its sole discretion, to terminate your access to all or a portion of the Service, at any time, with or without notice.
Oh Hey Logo is only providing logo design services and has no obligation or duty of any kind to provide any legal advice or other service to you regarding the logo or to perform any trademark clearance search or any other inquiry of any kind related to the logo. It is solely your responsibility to determine if the logo is suitable and appropriate for your use and to obtain the advice of an attorney or other suitable professional regarding whether or not the logo is legally available for your use and infringes the rights of any third party.

Termination

Customer may cancel their service at any time; however, you shall forfeit the right to any refund, in whole or in part, as outlined above. In the event of termination, Oh Hey Logo will determine, in its sole discretion, whether you are entitled to any refund. Should you receive a refund, you will be refunded the total amount paid less applicable termination and service fees. You agree that your acceptance of the refund shall constitute your sole and exclusive remedy with respect to related Responses. Additionally, you acknowledge that you will have no right (express or implied) to use any Response or other work product, content, or media, nor will you have any ownership interest in or to the same.

Warranty

Oh Hey Logo makes no representations, warranties or covenants regarding, and does not guarantee, the truthfulness, accuracy, or reliability of any information or other material (including, without limitation, any Creative Brief or Responses) that are communicated through, or posted to, the Service, whether by Members, Clients, Oh Hey Logo or otherwise, nor does Oh Hey Logo endorse any opinions expressed by any user of the Website, including any Member or Client. Without limiting the foregoing, Oh Hey Logo makes no representations, warranties or covenants regarding the validity of the rights to Responses granted pursuant to these Terms and Conditions. You acknowledge that any reliance on information or other material, including, without limitation, any information related to a particular Package or your project or Response, communicated through the Service, or posted to the Website, will be at your own risk. Without limiting the foregoing, you agree and acknowledge that you use each Response at your own risk and that you are responsible for taking any actions you deem reasonable to determine whether your use of a Response will infringe any statutory or third-party intellectual property, privacy or publicity rights. Oh Hey Logo shall not be responsible for any use of photos that are not royalty free. It is the clients responsibility to purchase and pay for all rights to use any photos, images, graphics, icons, logos, and/or designs for any designs created by Oh Hey Logo for the client. 

Proprietary Rights

Upon submission of a Creative or Response Brief or any other information or media provided by you in connection with your use of the Service (collectively, the "Client Information"), Oh Hey Logo and its agents shall have all rights and licenses necessary to use such Client Information for the purpose of obtaining Responses and for archival purposes. Each Member to whom your project is made available has the right to review and display the relevant Term Sheet for purposes of preparing a Response.

Upon your submission of Client Information to the Service, you grant Oh Hey Logo a royalty-free, perpetual, irrevocable, sub-licensable, exclusive, worldwide right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (in whole or in part), and/or incorporate in other works, in any form, media, or technology now known or later developed, such Client Information, for the full term of any intellectual property rights that may exist in such Client Information to the extent necessary to provide you with the Service and Responses.

Subject to your compliance with these Terms and Conditions, you shall own the final Response composition provided to you by Oh Hey Logo. (the "Final Product"). You shall not, however, own any materials, media or other content generated during any revision cycles leading up to the Final Product, and Oh Hey Logo expressly reserves all right, title and interest in and to the same. You acknowledge and hereby grant to Oh Hey Logo a royalty-free, irrevocable, exclusive, worldwide right to use Creative and Revision Briefs, individual Responses provided to you, and Final Product for internal and archival purposes, and in order to display and promote the Service. Oh Hey Logo retains the rights to all artwork concepts and other content not selected by you. Should you use any alternative Creative Concept, without the express permission of Oh Hey Logo, we reserve the right to charge you an “Additional Concept” Fee. You acknowledge that your ownership rights under this agreement are limited to the Final Product, and that no trademarks or service marks in or to any Final Product are being conveyed under this agreement. You hereby acknowledge that Oh Hey Logo shall have no obligation or duty to perform trademark, service mark or copyright searches or inquiries, or the like, in order to validate the propriety or legality of the Final Product. Accordingly, you are encouraged to perform your own independent searches with regard to the Final Product. Furthermore, you acknowledge that Oh Hey Logo shall have no responsibility or obligation of any kind to assist you in seeking provincial or federal intellectual property protection (i.e., without limitation, trademark or copyright registration) for the Final Product, nor shall Oh Hey Logo be responsible for otherwise assisting you in any way in your attempt to perfect your rights in or to the Final Product.