Graphic Design Services Agreement
THIS AGREEMENT is by and between Logo Is Us, an Israeli business no. 061506960, located at 6 Moshe Sharet St. Rishon Lezion, Israel (“Logo Is Us”), and between the undersigned Designer:
1. Introduction
v 1.1. For convenience only, this Agreement is written in the masculine, but it refers in equal measure to male and female.
2. Purpose of the Agreement
2.1. Logo Is Us is an online marketplace that offers exclusive logo designs to its online users, with a unique business model that allows it to sell each logo only once;
2.2. Whereas Logo Is Us wishes to engage the Designer’s Services (as defined below) and whereas the Designer wishes to render these services in accordance with the terms detailed below, the parties have agreed as follows.
3. Logo Is Us’ Responsibilities
3.1. Logo Is Us shall offer the Designer’s logos for sale on its website: www.logoisus.com (the “Website”).
3.2. Logo Is Us shall bear all costs of the said Website, and shall be solely responsible for:
3.2.1. Marketing and publicity efforts;
3.2.2. Implementing customization and revisions and corresponding with clients on all matters;
3.2.3. Invoicing customers and ensuring timely collection.
3.3. After the Designer’s logo is sold and the transaction is complete, Logo Is Us shall pay the Designer’s commission according to the terms of payment specified below.
4. Designer’s Responsibilities 4.1. The Designer shall design unique, custom-made logos. All logo components must be original and designed by the Designer. No templates or other ready-for-use materials may be used;
4.2. The Designers must send an original vector file (.eps/.ai) with editable text (not outlined) of each logo;
4.3. Fonts must be English, and taken from open source websites that are royalty-free for unlimited commercial use. The Designer must provide the font files together with the logo, in addition to a link to the font’s website, so that Logo Is Us may ensure that the font is free for use;
4.4. The Designer may not display, sell or re-use the logo or any part of the logo after it was sent to Logo Is Us;
4.5. Logo Is Us may remove a logo from its Website at its discretion (if the ratings are low/non-existent, or if Logo Is Us finds it unsuitable in style, category or for any other reason). In such a case, the Designer will receive a message that the logo was removed from the Website and that it is again free for the Designer’s use;
4.6. A Designer who wishes to send a large amount of logos may be required to supply identification such as a driving license / I.D / passport scan;
4.7. A Designer who wishes to remove a logo from the Website - must send a written request to Logo Is Us specifying the file name / SKU / link to the logo on the Website or any other means of identification. A logo may be removed from the Website only if it has yet to be purchased by a customer (a logo that has already been sold but not yet removed from the Website is marked as “out of stock”); Only a written confirmation from Logo Is Us confirming that the logo has indeed been removed from the Website at the Designer’s request, releases the rights of use of the said logo, and allows the Designer to use it freely;
4.8. The Designer must issue a payment confirmation/invoice in order to receive payment for every logo that is sold;
4.9. This Section 4 in its entirety shall hereinafter be called the “Services”.
5. No Employment Relationship
5.1. The parties agree that in entering into this Agreement, they do not intend to create an employment relationship of any form and nature, and that the provision of Services by the Designer shall be on the basis of independent contractor services only.
6. Pricing & Terms of Payment
6.1. The price of every logo offered on the Website is determined according to Logo Is Us’ sole discretion;
6.2. Every logo is given an initial estimate by the Logo Is Us team, taking into consideration its originality, complexity and the category it belongs to. This initial price is subject to later changes at Logo Is Us’ sole discretion;
6.3. Logo Is Us may also sell a logo for a lower price than its initial pricing, whether due to a sale or a coupon or for any other reason at its discretion;
6.4. A Designer shall be paid 50% of the sale price of each logo, after the transaction is complete;
6.5. Logo Is Us works on consignment and does not charge the Designer any management fees or expenses;
7. The Designer will be paid via PayPal.
8. Intellectual Property
8.1. The rights of use of any logo sent by a Designer to Logo Is Us, whether it has already been sold to a customer and removed from the Website or whether it is still being offered online, are held solely by Logo Is Us.
8.2. A Designer may not offer, display, sell, duplicate, amend or modify in any other manner, any logo the Designer has sent Logo Is Us or any similar version thereof;
8.3. The above-stated rights of use are released to the Designer’s possession only after Logo Is Us has issued the Designer a written confirmation stating that the logo has been removed from the Website and is again free for use, as stated in section 4.7.
9. Liability & Remedies
9.1. Should the Designer violate his obligations and representations under this Agreement, including an infringement upon the Company’s intellectual rights or those of a third party, Logo Is Us retains its right to take legal action against the Designer to cover its damages, be they tangible losses as a result of a lawsuit or otherwise, or intangible damages to its reputation.
10. Governing Law
10.1. This Agreement shall be subject to the laws of the State of Israel, and the exclusive jurisdiction of the competent courts in Tel-Aviv-Jaffa, Israel.
