GraphicsFactory.co.za is a division of Graphics Factory CC, South Africa. This User Agreement describes the terms on which Graphics Factory CC (“Graphics Factory”, “Graphics Factory CC”, “Biz-Logo.com”, “Biz-Logo”, “we”, “us”), a South African Closed Corporation with its principal place of business in Pretoria, South Africa, offers you (“you” or “your”) access to the GraphicsFactory.co.za web site, products and services ("Site"). By visiting GraphicsFactory.co.za or purchasing a product or service offered by Graphics Factory CC you are agreeing in full to the terms and conditions set out below as well as the terms and conditions in any policy documents linked to from this document (collectively, the “Agreement”). If you do not agree to all of the terms in this Agreement, please do not use this Site or any of the products or services offered by Graphics Factory CC.

1. The copyright to the final, accepted design in all its forms is automatically transferred to the client upon completion of the design process. Graphics Factory CC will not have the right to resell or reuse the design in any way. The only right Graphics Factory CC retains is the right to display all concept design and the final design as part of our portfolio of past work, either on the Internet or any promotional material.

2. In the design process, many concept designs are created that are not accepted by the client. Graphics Factory CC will retain ownership of all such concept designs, except for the final (accepted) version of the design which will become the exclusive property of the client.

3. Although each design is created from scratch and is 100% original, Graphics Factory CC cannot guarantee that a very similar does not already exist. Graphics Factory CC therefore offers no guarantee regarding the availability of trade names or trademarks.

4. When a refund is requested, the customer loses copyright to the purchased design(s).

5. Although Graphics Factory CC guarantees that all it's designs are original, it cannot always ascertain whether images submitted to it by a client are protected by copyright. When a client requests a design to be drawn from an existing image, the client accepts full responsibility should the resulting design infringe on the copyright of the original image. Graphics Factory CC will in all cases expect the client to, and assume that the client did, do the necessary research regarding ownership or copyright of the original image. By submitting an image to Graphics Factory CC, the client declares that he or she either owns the copyright to the image or has the necessary permission to use it.

6. Turnaround times indicated on the web site cannot be guaranteed. In most case we will deliver well within advertised turnaround times, but it can happen that circumstances beyond our control prevent us from delivering on time. We might also simply have a busier than normal day - and our policy is to take the time needed, rather than to compromise on quality.

7. Long delays between submission of concept designs and client feedback can have a negative impact on our turnaround times. If 2 weeks pass without any feedback from the client, the logo status remains "active" but the priority of the logo may be lowered. This does not apply to "rush" orders.

8. If we develop a design for you and, at any stage of the process, you stop responding, your project status will remain "open" for 12 months. After 12 months the project status becomes "completed", which gives Graphics Factory CC the right to show the design in its portfolio of past work, if it chooses to do so. Should you wish to resume the design work after 12 months, a new order must be submitted.

9. Graphics Factory CC reserves the right to issue a refund on any order if it chooses to cease work on the project. In such cases the client will be notified via email. Graphics Factory CC will not be required to offer reasons for its decision and it will be under no further obligation to the client.

10. Graphics Factory CC will make no claim of ownership to designs for which payment has been received. The final design becomes the sole property of the client who may use the design for any purpose.

11. Web sites hosted on Graphics Factory CC web servers or third party web servers managed by Graphics Factory CC are hosted at the user's risk. Graphics Factory CC cannot guarantee that these web servers or the content hosted on them will be accessible at all times. Graphics Factory CC does not operate as a web hosting provider and therefore cannot offer redundancy nor can it guarantee server uptime. In all cases the client will be solely responsible for renewing web hosting contracts/services. Although Graphics Factory CC endeavors to send courtesy renewal reminders/invoices to clients in most cases, Graphics Factory CC will not be required to do so. Graphics Factory CC will under no circumstances be liable to you or your business for downtime or loss data.

12. Graphics Factory CC will have the right to delete web sites where web hosting fees are overdue by more than seven days. Graphics Factory CC is not required to make or maintain backups of client information, including but not limited to web sites, databases, statistics and emails hosted on its servers or on third party servers managed by Graphics Factory CC.

13. Graphics Factory CC will under no circumstances be responsible for or held accountable for client domain name renewals, expired client domain names or client domain names where the client loses ownership of the domain name, for any reason, even if Graphics Factory CC was contracted to register the domain name. In all cases it remains the client's responsibility to ensure domain name security and to renew domain names on time. The Graphics Factory CC domain management service is limited to domain name registration and to, during the registration period, effect changes to the domain details as requested by the client. The Graphics Factory CC domain management service does not guarantee any form of domain name security or domain name renewal. Although Graphics Factory CC endeavors to send courtesy renewal reminders/invoices to clients in most cases, Graphics Factory CC will not be required to do so and Graphics Factory CC will under no circumstances be liable to you or your business should you, for any reason, lose ownership of domain names registered through Graphics Factory CC.

14. Graphics Factory CC cannot guarantee that a client's chosen domain name can be acquired on behalf of the client.

15. Changes to domain names that Graphics Factory CC manages are effected as soon as possible, but Graphics Factory CC cannot guarantee a specific turnaround time for such changes.

16. In the highly unlikely event of a design error slipping through on one of the design files, Graphics Factory CC will correct the error free of charge. Graphics Factory CC will however not be liable for any damages or loss incurred as a result of an error, even if the error is on our side and was brought to our attention. Clients are urged to check designs closely and to proofread all text prior to accepting a design.

17. Graphics Factory CC may change specifications of any aspect of its service, prices and the Terms of Service above at its discretion and without notice. Changes will become effective as soon as they are published.

18. You agree to resolve any dispute, claim or controversy at law between you and us in accordance with this section entitled "Dispute Resolution". You further agree to contact us directly before resorting to any alternatives. This Agreement in its entirety is governed by the laws of South Africa. You agree that any claim or dispute you may have against or with Biz-Logo will be resolved by a court located in South Africa. Any cause of action you may have with respect to Graphics Factory CC must be commenced within 30 (thirty) days after it arises, or the cause of action is barred. Should you file a claim contrary to this section entitled "Dispute Resolution" we will be entitled to recover attorney's fees and costs from you up to R50,000 ZAR, provided that we have notified you of the improperly filed claim and that you have failed to promptly withdraw the claim.

This Agreement together with the Graphics Factory Disclaimer comprises the entire agreement between you and us and shall supersede any prior agreement between the parties. The set of rights conferred to Graphics Factory CC in this agreement does not, in any way, create obligations for Graphics Factory CC. These rights may be applied entirely at the discretion of Graphics Factory CC.