Terms of service
This website (“Website”) is operated by WOO Branding, a sole proprietorship registered with the Amsterdam Chamber of Commerce under the primary business name Ulas Uygun Illustration & Design located in Amsterdam, Netherlands. Throughout this Website and this Terms and Conditions, the terms “we”, “us” and “our” refer to WOO Branding. You, the Client, are deemed to have accepted all terms, conditions, policies and notices stated in these Terms and Conditions, in the Website or in our other policies as you receive all information, tools and services available from this website. .
By visiting the Website and/or purchasing something from us, the Client engages in our “Service” and agrees to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), Privacy Policy and Return Policy, including those additional terms and conditions and policies referenced herein and/or available by hyperlink and/or in the website. These Terms of Service apply to all users of the site, including browsers, customers, and/ or contributors of content.
Read these Terms and Conditions carefully before using our website. By using any of our services, you agree to be bound by these Terms & Conditions, Return Policy and Privacy Policy. If you do not agree to all the terms and conditions of this agreement, then you cannot access or use any services. If these Terms & Conditions are considered an offer, acceptance is expressly limited to these Terms & Conditions.
Any new features or tools which are added to the current website shall also be subject to the Terms & Conditions. The client can review the most current version of the Terms & Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms & Conditions by posting updates and/or changes to our website. It is your responsibility to check this page and the Website periodically for changes. Our users continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Article 1. Object of the contract
The purpose of this contract is to establish the conditions that govern the relationship between WOO Branding and the Client. These conditions consist of the entirety of the Parties' obligations. They can only be modified by mutual agreement by and between the Client and WOO Branding in writing. The acquisition of a Logo through WOO Branding's website www.woobranding.com, implies the full and entire acceptance by the Client of the present Terms and Conditions. These will prevail over any other general or particular conditions of the Client.
WOO Branding is a company specialized in the creation and marketing of logos. It designs, creates and develops logos and makes them available for purchase at the prices mentioned for each logo on the Website reachable at www.woobranding.com. The Client can prefer to purchase only a logo or to purchase the following additional features or services at an additional price that is indicated at the time of the purchase.
- Logo source files
- Exclusive license
- Brand strategy call
There is a distinct set of rights and obligations pertaining to each of these additional purchases that are provided in articles 3.2, 3.3, 3.4 of this document.
Article 2. Obligations
2.1. WOO Branding's obligations
WOO Branding's service consists of designing, marketing and selling original logos via the Website reachable at www.woobranding.com.
2.2. Client's obligations
The Client is responsible for compliance with the legislation regulating this activity. The Client undertakes to use the logo ordered and paid for in full, under normal conditions and in accordance with Article 3 of these Terms and Conditions. The Client is prohibited from reproducing, modifying, exploiting, redistributing or reselling any Logo created by WOO Branding. It is the Client’s responsibility to take any actions to protect the logo and other IP rights from any kind of infringement and or violation. Woo Branding and its parents shall not be responsible for any kind of infringement and/or violation by any third parties.
Article 3. Intellectual Property
3.1. Rights acquired or held prior to the conclusion of the Contract
WOO Branding remains the owner of all elements protected by intellectual property rights acquired and/or held prior to the conclusion of the present contract and the payment of the price of the Logo, as well as the related rights. The Client is therefore not authorized to exploit, represent or reproduce them, in whole or in part, without WOO Branding's prior written authorization, given at the latter's sole discretion. The contract does not transfer any title of ownership, nor does it confer any assignment or concession of intellectual property rights existing prior to the conclusion of this contract and the payment of the Logo price. Thus, the Client agrees not to reproduce, exploit or modify any Logo that WOO Branding proposes to him, and that has not been accepted and paid for in full by the Client.
3.1. Intellectual property rights pertaining to the Logo ordered without an additional feature or service
- WOO Branding owns the copyright of the original ordered Logo. Furthermore, concerning any components of the Logo that WOO Branding may have brought and of which it is not the author, WOO Branding declares that it has obtained all the rights necessary for their exploitation, reproduction and use by the Client under the conditions below.
- When the Logo is completed, validated by the Client, and the price has been paid in full by the Client, WOO Branding will grant certain economic rights to the Client as listed below, for the duration of the copyright, starting from the payment of the full price, under a non-exclusive license of economic rights. This right includes:
- The right of reproduction: this right includes the right to reproduce and use, in particular for commercial, promotional and advertising purposes, directly or indirectly by any technical process, on any written or paper media (catalogues, prospectuses, mailings, etc.), plastic, audiovisual, digital, magnetic, optical, electronic or multimedia media and on any private or open, national or international telecommunications network (and in particular the Internet, Intranets and Extranets), the original Logo (in whole or in part), the object of the present license, in unlimited number; this right also includes the right for the Client to entrust the execution of this exploitation to any natural person or legal entity of its choice. The right of reproduction includes, in particular, the right to digitize, put online and download.
- The right of representation: this right includes the right to represent, make accessible, broadcast or communicate to the public in any way, directly or indirectly and by any telecommunication process and analog or digital images, by hertzian means, by cable or satellite, direct or not, by all "on line" services and assimilated, all or part of the original Logo for any use that could be made by the Client, either for his benefit or for the account of a third party.
It does not include the right to market, distribute, re-distribute, make available, extract, modify, correct, adapt, transfer, license or register a trademark. WOO Branding may use for its own benefit, or for the benefit of third parties, the Logo whose rights are thus granted. Given the universal nature of the Internet, the economic rights thus granted are granted for the entire world. Because of the type of work for which the economic rights are granted and their destination, the author's remuneration under the license will be fixed and included in the overall price. The source files will not be delivered to the Client by WOO Branding, after payment of the full price mentioned on WOO Branding's website www.woobranding.com.
3.2. Intellectual property rights pertaining to the Logo ordered with an additional feature entitled “Source Files”
- WOO Branding owns the copyright of the original ordered Logo. Furthermore, concerning any components of the Logo that WOO Branding may have brought and of which it is not the author, WOO Branding declares that it has obtained all the rights necessary for their exploitation, reproduction and use by the Client under the conditions below.
- When the Logo is completed, validated by the Client, and the price has been paid in full by the Client, WOO Branding will grant certain economic rights to the Client as listed below, for the duration of the copyright, starting from the payment of the full price, under a non-exclusive license of economic rights. This right includes:
- The right of reproduction: this right includes the right to reproduce and use, in particular for commercial, promotional and advertising purposes, directly or indirectly by any technical process, on any written or paper media (catalogues, prospectuses, mailings, etc.), plastic, audiovisual, digital, magnetic, optical, electronic or multimedia media and on any private or open, national or international telecommunications network (and in particular the Internet, Intranets and Extranets), the original Logo (in whole or in part), the object of the present license, in unlimited number; this right also includes the right for the Client to entrust the execution of this exploitation to any natural person or legal entity of its choice. The right of reproduction includes, in particular, the right to digitize, put online, download,
- The right of representation: this right includes the right to represent, make accessible, broadcast or communicate to the public in any way, directly or indirectly and by any telecommunication process and analog or digital images, by hertzian means, by cable or satellite, direct or not, by all "on line" services and assimilated, all or part of the original Logo for any use that could be made by the Client, either for his benefit or for the account of a third party.
It does not include the right to market, distribute, re-distribute, make available, extract, modify, correct, adapt, transfer, license or register a trademark. WOO Branding may use for its own benefit, or for the benefit of third parties, the Logo whose rights are thus granted. Given the universal nature of the Internet, the economic rights thus granted are granted for the entire world. Because of the type of work for which the economic rights are granted and their destination, the author's remuneration under the license will be fixed and included in the overall price. The source files will not be delivered to the Client by WOO Branding, after payment of the full price mentioned on WOO Branding's website www.woobranding.com.
3.3. Intellectual property rights pertaining to the Logo ordered with the additional feature entitled “Exclusive Rights”.
- WOO Branding owns the copyright of the original ordered Logo. Furthermore, concerning the possible components of the Logo that WOO Branding would have brought and of which it would not be the author, WOO Branding declares that it has obtained all the rights necessary for their exploitation, reproduction and transfer to the Customer under the conditions below.
- When the Logo is completed, validated by the Customer, and the price has been paid in full by the Client, WOO Branding will transfer the economic copyright, hereafter listed, to the Customer for the duration of the copyright.
- The assignment in full and exclusively without exception or reservation to the Customer concerns in particular the rights of exploitation, reproduction, representation, use, reuse, trademark registration, as well as all associated legal and de facto guarantees, with a view to direct and/or indirect exploitation by the Customer, for any purpose whatsoever.
The transfer covers all economic rights, namely:
- The right of reproduction: this right includes the right to reproduce and use in particular for commercial, promotional and advertising purposes, directly or indirectly by any technical process, on any written or paper media (catalogs, prospectuses, mailings, etc.). ), plastic, audiovisual, digital, magnetic, optical, electronic or multimedia media and on any private or open, national or international telecommunications network (and in particular the Internet, Intranets and Extranets), the original Logo (in whole or in part), the object of the present assignment, in unlimited number; this right also includes the right for the Customer to entrust the execution of this exploitation to any natural person or legal entity of its choice. The right of reproduction includes, in particular, the right to digitize, put online, download.
- The right of representation: this right includes the right to represent, make accessible, broadcast or communicate to the public in any way whatsoever, directly or indirectly and by any telecommunication process and analog or digital images, cable or satellite means, direct or not, by any "on line" services and assimilated, all or part of the original Logo for any use that may be made by the Customer, either for his benefit or for the account of a third party;
It does not include the right to market, distribute, re-distribute, make available. WOO Branding may not use, for its own benefit or for the benefit of a third party, the exact Logo whose rights are thus assigned, except for professional or commercial reference after the payment of full price by the Client. This undertaking does not include the transactions related to the Logo prior to the date of payment of the full price by the Client. Given the universal nature of the Internet, the economic rights thus assigned are for the entire world. Because of the type of work for which the economic rights are assigned and its destination, the author's remuneration for the assignment will be fixed and included in the overall price.
The source files will not be given to the Customer by WOO Branding, after payment of the full price mentioned on WOO Branding's website www.woobranding.com.
3.4. Intellectual property rights pertaining to the Logo ordered with an additional service entitled “Brand Strategy Call”
- WOO Branding owns the copyright of the original ordered Logo. Furthermore, concerning any components of the Logo that WOO Branding may have brought and of which it is not the author, WOO Branding declares that it has obtained all the rights necessary for their exploitation, reproduction and use by the Client under the conditions below.
- When the Logo is completed, validated by the Client, and the price has been paid in full by the Client, WOO Branding will grant certain economic rights to the Client as listed below, for the duration of the copyright, starting from the payment of the full price, under a non-exclusive license of economic rights. This right includes:
- The right of reproduction: this right includes the right to reproduce and use, in particular for commercial, promotional and advertising purposes, directly or indirectly by any technical process, on any written or paper media (catalogues, prospectuses, mailings, etc.), plastic, audiovisual, digital, magnetic, optical, electronic or multimedia media and on any private or open, national or international telecommunications network (and in particular the Internet, Intranets and Extranets), the original Logo (in whole or in part), the object of the present license, in unlimited number; this right also includes the right for the Client to entrust the execution of this exploitation to any natural person or legal entity of its choice. The right of reproduction includes, in particular, the right to digitize, put online, download,
- The right of representation: this right includes the right to represent, make accessible, broadcast or communicate to the public in any way, directly or indirectly and by any telecommunication process and analog or digital images, by hertzian means, by cable or satellite, direct or not, by all "on line" services and assimilated, all or part of the original Logo for any use that could be made by the Client, either for his benefit or for the account of a third party.
It does not include the right to market, distribute, re-distribute, make available, extract, modify, correct, adapt, transfer, license or register a trademark. WOO Branding may use for its own benefit, or for the benefit of third parties, the Logo whose rights are thus granted. Given the universal nature of the Internet, the economic rights thus granted are granted for the entire world. Because of the type of work for which the economic rights are granted and their destination, the author's remuneration under the license will be fixed and included in the overall price. The source files will not be delivered to the Client by WOO Branding, after payment of the full price mentioned on WOO Branding's website www.woobranding.com.
3.5. Mention of WOO Branding's name
The name of WOO Branding will be mentioned on the creations proposed by her. The Client agrees to make its best efforts to mention the name "WOO Branding" on all its communication media and in particular on its website.
3.6. Limitation of Liability
IN NO EVENT SHALL WOO Branding and IT’S PARENT COMPANIES, BE LIABLE TO THE CLIENT OR ANY THIRD PARTY FOR ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, BREACH OF SECURITY, OR LOST OR DAMAGED DATA) ARISING OUT OF OR CONNECTED IN ANY WAY WITH THIS AGREEMENT, THE BRAND, OR ANY SERVICES RENDERED BY WOO Branding, EVEN IF WOO Branding HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF WOO Branding and IT’S PARENT COMPANIES TO THE CLIENTS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL FEES PAID BY THE CLIENT HEREUNDER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.
Article 4. Price and payment terms
The Client will pay WOO Branding the price mentioned on WOO Branding's website: www.woobranding.com. This sum covers the definitive acquisition by the Client of the intellectual property rights to WOO Branding's creations, under the conditions set forth in Article #3. The sale price is due upon order. Payment will be made by credit card or bank transfer. The Client's credit card number is only directed to the bank's servers, in a secure environment. The prices indicated by WOO Branding at the time of the order are denominated in Euros including all taxes, according to the VAT at the rate in effect on the day of the order. Any change in the rate will be immediately reflected in the price of the logos offered. WOO Branding reserves the right to modify its prices at any time, it being understood, however, that only the prices presented on WOO Branding's website on the day of the order will be applicable to the Client. The prices indicated include the cost of processing the order.
Article 5. Order Process
The Client wishing to place an order on WOO Branding's Website must:
- browse the logos and add the desired Logo to their cart
- fill in the information requested on WOO Branding's website www.woobranding.com. (i.e. last name, first name, postal address, e-mail address, phone number)
- proceed to checkout
- choose and validate their method of payment
It is up to the Client to ensure the accuracy of the information provided, for which they are solely responsible. WOO Branding will immediately communicate to the Client by e-mail the confirmation of the order recorded. The deadline for delivery will be specified in the order confirmation e-mail. All the data provided and the recorded confirmation are valid proof of the transaction. WOO Branding will archive orders and order confirmations on a reliable and durable medium constituting a true copy, in accordance with the legislation in place. WOO Branding's computerized records will be considered by the Parties as proof of communications, orders, payments and transactions between the Parties. WOO Branding has subscribed to a distance selling contract. The banking transaction is secure and, in no way does WOO Branding keep banking information about the Client. WOO Branding reserves the right to refuse an order that is abnormal in nature, particularly with regard to the quantities ordered. WOO Branding informs the Client that his personal data is registered and that it has made the preliminary steps concerning the processing of this data, in accordance with the GDPR.
Article 6. Subcontracting
The Client authorizes WOO Branding to use subcontractors at its own discretion.
Article 7. References and communication
In accordance with the practices of the profession, the Client grants WOO Branding the right to communicate about the collaboration between the Parties and the name of the Client, by any means (newsletter, website, blog, social networks, conferences, press...) within the framework of WOO Branding's commercial and/or technical promotion (through the realization of case studies).
Article 8. Termination
In the event of serious breach by the Client of the obligations of this contract that is not remedied within 10 (ten) days from the date of the receipt of the notification by WOO Branding notifying the said breach, this contract will be automatically terminated at the Client's expense, without prejudice to any damages that WOO Branding may claim. The Client will therefore no longer be able to use the Logo. The fact that one of the Parties does not take advantage of a failure by the other Party to comply with any of the obligations set forth herein shall not be interpreted in the future as a waiver of the obligation in question.
Article 9. Applicable law and competent jurisdiction
This Agreement is subject to the laws of the Netherlands. The Parties agree to make every effort to settle amicably all disputes arising from the conclusion, interpretation, performance or termination of this Agreement.
In the absence of an amicable agreement, any dispute between the Parties relating to the conclusion, interpretation, execution or transfer of the Contract for any reason whatsoever, as well as any consequences that may result from it, will be submitted to the courts of the Amsterdam, notwithstanding any appeal in warranty or plurality of defendants, including in the case of emergency or protective proceedings, in summary proceedings or by petition.