The Logo Shop and Business Template Shop
Independent Terms and Conditions
In these terms of business:-
“We” and “Us” and “Our” means Sassy Digital Ltd (“Sassy”).
“You” and “Your” means our client (or clients where we are retained by two or more persons acting jointly).
“Digital Product” means any products which you buy from our website including Business Template Shop and The Logo Shop
“Logo” means a Logo product you buy from our website.
“Design Template” means any digital product purchased from our website Business Shop.
“E-book” means an E-book that you purchase from our website Business Shop.
“Fee/s” means our fee/s for any services or products provided via our website shop.
These terms and conditions govern your use of our services and products and by engaging with us you accept these terms and conditions in full.
As our client you are responsible for the accuracy and completeness of all information you provide in connection with us implementing your instructions.
Design products & Copyright
You will be responsible for providing Sassy Digital with requested information before/during the design/development of any Logo Designs from The Logo Shop. If you are late delivering this information, the delivery date may have to be extended. Sassy Digital will advise of revised project timescales.
Copyright is retained by Sassy Digital Ltd on all design work including words, images, ideas, concepts and illustrations (unless specifically released in writing).
By supplying text, images and other data to Sassy Digital Ltd for use in your design, the client declares that it has the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by Sassy Digital Ltd on behalf of the client, will remain the property of Sassy Digital Ltd and/or its suppliers.
Clients may request in writing from Sassy Digital, the necessary permission to use materials (for which Sassy Digital holds the copyright) in forms other than for which it was originally supplied, different use or a longer timescale than set out in this Agreement, and Sassy Digital may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used. Granting of permission is not guaranteed and may incur additional charges.
The client agrees to allow Sassy Digital to use the designs created on printed material, exhibition displays, advertisements, website and to use in social media.
We may not use it for any other project or with any other client without your express permission, which must be provided in writing.
Should Sassy Digital, or the client supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the client will agree to allow Sassy Digital to remove and/or replace the file as necessary.
The client agrees to fully indemnify and hold Sassy Digital free from liability in any and all claims resulting from the client not having obtained all the required copyright, and/or any other necessary permissions.
All digital products are for the sole use of the purchaser are not to be distributed, sold or transferred to other people or organisations by anyone except by Sassy Digital Ltd. Products are not to be posted, displayed or made available for download or use anywhere online except by Sassy Digital Ltd.
Invoicing and Payment of fee/s.
Our payment terms are due on receipt. If payment is delayed for any reason then all work will be suspended until full payment is made, and digital products will not be issued.
All Payments will be made via Stripe - the payment system we use on our website. Any additional charges for Logo edits will be agreed between us and you in advance.
If our fee/s for any additional work to Logos is not received by the due date we retain the right to charge “statutory interest” at the rate of 8% plus the prevailing Bank of England base rate.
We do not accept liability where delay in reaching a deadline is caused by you, for example in the supply or sign off of essential content.
Data Protection and Privacy
We shall take reasonable steps to protect the information collected from you and use such information only for the purpose for which it was provided. Please note that by instructing us, you consent to the use of that information as set out in this Agreement.
For the purpose stated in Clause 10.1, the information may be stored and processed. We declare that all such information will be treated confidentially. On request by you by a Court of Law or any other body entitled thereto by Law, we will supply information on your Client’s stored data and correct, delete or prevent the further use of the data held.
The parties to this Agreement undertake to one another, where applicable:
to comply at all times with the GDPR;
to obtain and/or maintain all necessary registrations and/or notifications required by the GDPR; and
not to do or permit anything to be done which may cause the other to be in breach of the GDPR including, without limitation, the improper collection, use, disclosure or loss of data held on any computer or other equipment or held by way of manual or other non-computerised systems and any kind of improper use, disclosure or abuse of computer passwords.
We are committed to protecting your privacy but we cannot guarantee the security of information disclosed by you online since the internet is not a secure medium, and you must assume the entire risk for using the internet.
Subject to Data protection provisions outlined above, the parties agree to keep confidential any and all information concerning each other whether disclosed in writing, verbally or in relation to the matters provided for in these Conditions (“the Information”).
General Liability
So far as permitted by law, and except in respect of death or personal injury arising from negligence, we shall have no liability for loss or damage of any kind resulting from the use of the Services including, without limitation, economic loss or any special, indirect, incidental or consequential loss or damage, whether or not the possibility of such loss has been notified to us. The foregoing will apply whether such loss or damage arises in contract, tort, negligence, under statute or otherwise.
Variation
We may revise these terms and conditions from time-to-time without any prior notification. Efforts will be made by us to notify you of any variation in contract terms. Nothing in these terms affects any liability for fraudulent misrepresentation.
Termination
Without prejudice to the other remedies or rights a Party may have, either Party may terminate this Agreement, at any time.
Termination of works should be made by e-mail. Cancellation after project agreement will be liable to a 100% charge. All products including ebooks, design templates and Logos and non-refundable once they have been purchased. On the occasion that a refund is made, it will be at the discretion of Sassy Digital Ltd.
In the event of you becoming insolvent or being adjudged bankrupt we shall have the right to terminate this agreement immediately and terminate all services.
Force majeure
Neither Party shall have any liability under or be deemed to be in breach of this Agreement for any delays or failures in performance of this Agreement which result from circumstances beyond the reasonable control of that Party. The Party affected by such circumstances shall promptly notify the other Party in writing when such circumstances cause a delay or failure in performance and when they cease to do so.
Amendments
Entire agreement
This Agreement contains the whole agreement between the Parties and supersedes and replaces any prior written or oral agreements, representations or understandings between them. The Parties confirm that they have not entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement. Nothing in this Agreement excludes liability for fraud.
Waiver
No failure or delay by you in exercising any right, power or privilege under this Agreement shall impair the same or operate as a waiver of the same nor shall any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights and remedies provided by law.
Agency, partnership etc
This Agreement shall not constitute or imply any employment, partnership, joint venture, agency, fiduciary relationship or other relationship between the Parties other than the contractual relationship expressly provided for herein. Neither Party shall have, nor represent that it has, any authority to make any commitments on the other Party's behalf.
Further assurance
Each Party to this Agreement shall at the request and expense of the other execute and do any deeds and other things reasonably necessary to carry out the provisions of this Agreement or to make it easier to enforce.
Severance
If any provision of this Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this Agreement.
Law and jurisdiction
The validity, construction and performance of this Agreement shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts to which the Parties submit.
Third parties
For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provision of this Agreement this Agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.