When you place an order at gibiyi, you accept all of the Terms and Conditions expressly set out below and those incorporated by reference. As part of accepting the Terms and Conditions you are also accepting the Privacy Statement. The Privacy Statement reflects our efforts to protect your contact information. We strongly recommend that, as you read this Terms and Conditions, you also access and read the linked information, as they contain further terms and conditions that apply to you as a gibiyi user.
By visiting or using services of the site, you expressly agree to be bound by these Terms and to adhere to such Terms and Conditions and all applicable laws and regulations governing this website.
If you break these Terms and Conditions, gibiyi reserves the right to prevent your future use of this website, cancel your order, and/or take appropriate legal action and remedies available against you.
However, we may amend these Terms and Conditions at any time that will apply to future visitors or those making orders. We shall post a revised version of this Agreement, which shall automatically replace the terms of this Agreement. The revised version of this Agreement is automatically effective immediately for new visitors or those making orders. Your continued use of the services provided by the site will constitute your acceptance of the revised Agreement. If you do not agree with the terms of this Agreement or any revised version of this Agreement, simply discontinue using the services of the Site. A “user” is defined as any person accessing any page on our site and affiliate sites either as a member or non-member, and applies to anyone making an order or not making an order.
First and the foremost important thing to making an order, is you agree to accept all the terms and conditions of gibiyi. You may only use the services we provide if you can legally enter into and form binding contracts. If you do not qualify, please do not use the services
Things we restrict to Users
- Illegal Activity
Register under any false details as regards your registration information or register/use any invalid or unauthorized credit card;
Post false, inaccurate, misleading, defamatory, or libelous content (including personal information).
- You may not display or print the Web Site and in no event may you broadcast, circulate, distribute, download, perform, publish, rent, reproduce, sell, store, transmit or create decorative works from the Web Site.
- Other Restricted Contents
Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Web Site that:
- Is patently offensive to the online community, such as User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; could be harmful to minors;
- That harasses or advocates harassment of another person;
- Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
- Promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- Is copyrighted, unless you are the copyright owner;
Violation of Terms and Conditions
Violations of these Terms and Conditions, including Unauthorized Use of the Site, may be investigated and appropriate legal action may be taken, including without limitation civil, criminal and injunctive redress.
Without limiting our other remedies, we may limit your activity on the Site, immediately issue a warning, suspend or terminate your user registration and refuse to provide our services to you and take technical and legal steps to keep users off the Site without notice to you if gibiyi believes that
- you breach this agreement or any document it incorporates by reference;
- you are unwilling to cooperate with our investigation of a complaint or reported violation;
- we are unable to verify or authenticate any information you provide;
- we believe your conduct may cause legal liability for you, for other members, or for gibiyi.
We also reserve the right to cancel orders. Full refund will be given in this case. You agree that monetary damages may not provide a sufficient remedy to gibiyi for violations of these Terms and you consent to injunctive or other equitable relief for such violations.
You encounter no fees in being a "user" of this site. You are only liable to pay when you have chosen a package and placed an order. If payment is not made, we reserve the right to cancel the order without letting you know. If payment is made, we will happily begin your logo order. The deadline dates indicated on the site are intended to help gibiyi and the users expect when the logo package will be delivered to the user. No claim in any form, monetary or non-monetary, can be made against gibiyi (including its parent, subsidiaries, affiliates, officers, owners, directors, attorneys, agents and employees) if the deadline date is not reached in time.
Delivery of logos
By placing an order on our site you agreeing to the following terms. The turnaround delivery times on our site is an expected delivery time only. Although experience suggests the expected delivery time is very accurate, it is not, however, guaranteed that the delivery time will be always be met. Design delivery can take up to 7 days. You are fully aware of the delivery time terms set out here and therefore no chargeback claims can be awarded in any circumstances until the 7 day period has fully elapsed.
Customer care rights
We aim to reply to all emails within 24 hours. However, you are fully aware that by placing an order on our site does not guarantee that any of your emails will be answered within 24 hours. Your order guarantees you the right to receive any email reply within 72 hours. You are fully aware of your customer care rights set out here and therefore no chargeback claims can be awarded in the event of an unanswered email in any circumstances until the 72 hour period has fully elapsed.
All orders are entitled to unlimited revisions for a period of 14 business days from the day of delivery of all initial mockups. Experience has shown that in nearly all cases a customer has been fully satisfied within a 14 business day period.
We have a 100 percent money back guarantee policy. This means if you are not
satisfied with the mockups delivered, you can request a full refund of what you
paid. We do not deduct any amount, e.g. "admin fees" or
"overhead fees" like many other firms. We wish to make refund as soon as
they are requested. The refund, however, may take up to 21 business days to process.
For claiming refund, you will be required to fill up a simple refund request
form for which our customer support representative will get in touch with you.
Please note that filling up the form is mandatory and if we do not find
responses to questions in form satisfactory then we reserve the right to deny
the refund. Your responses in the form are used by our quality assurance team to
understand your reasons for refund which in turn helps us improve quality of our
Refunds are not applicable in following scenarios,
- Once we start working on revisions as per your feedback, no refund can be claimed since your request for revisions will be treated as your confirmation to proceed further with shortlisted mockup(s).
- If the mockup(s) delivered to you are based on an explicit design idea shared by you, e.g. a sketch, or the mockups are just a recreation of an existing logo design shared by you.
- No refund is available for design firms or for those who order our design services on behalf of another entity.
- No refund is provided in case you are getting your logo design done simultaneously from multiple designers/firms/services.
- We offer additional design concepts at no extra cost beyond your package mockups limit if you do not like any of the initial design concepts. In such case, if you decide to continue working with us on additional design concepts then refund is not applicable. For example, if you ordered startup package which includes two design mockups/concepts and you did not like any of the three mockups but decided to see more concepts then you forfeit the right to get refund.
- You shall forfeit the right to a refund when you receive the final file of your logo (s). The final files are the source vector files and high resolution files we send at the end of the revision process.
- Provided timeframe for delivery is tentative in nature and there might be a delay, though insignificant, due to factors like local holidays, complexity of project and current work load. In case of such delays (up to 3 working days from tentative delivery date), refund is not applicable. Further, please note that that provided timeframe is for first set of mockups which may or may not include all concepts depending on compexity of the project.
You shall have 30 days to respond to each response sent to you. If after 30 days
you have failed to respond, gibiyi.prayaam.com will assume that your project is
complete and the project shall be deemed completed. At such time,
gibiyi.prayaam.com will have no further obligation to you, and you will pay
gibiyi.prayaam.com pursuant to the provisions of these Terms and Conditions.
Notwithstanding the foregoing, gibiyi.prayaam.com 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. In the event of such termination, gibiyi.prayaam.com
will determine, in its sole discretion, whether you are entitled to any refund.
gibiyi and all its associates do not guarantee continuous, uninterrupted or secure access to our services, and operation of the site may be interfered with by numerous factors outside of our control. gibiyi makes no warranty with respect to its software, the services it provides, linked content and we expressly disclaim all such warranties. We cannot ensure that files you download from the site will be free of viruses or contamination or destructive features. gibiyi provides the site and services on an "as is" basis and "as available" basis without any warranties of any kind and to the extent permissible by law. We exclude all implied warranties, including also any implied warranties of merchantability and fitness for a particular purpose, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
Limitation of Liability
gibiyi (including its parent, subsidiaries, affiliates, officers, owners, directors, attorneys, agents and employees) will not be liable for any other users’ actions or design set of logos given to the user. "Liable" means gibiyi will not be held liable for any claim made against it expressed in any form or way (this includes but is not limited to claims on grounds of any economic losses, any loss of goodwill or reputation, or any special, indirect, consequential, incidental, exemplary damages. gibiyi delivers the logo designs on best attempt to satisfy each customer. If the customer is unsatisfied then the customer may request full refund only, no action, matter or claim can be taken further against gibiyi in anyway or form. It is impossible for each designer to know the copyright associated with each logo in the world, thus it is the sole responsibility of the person making the order with gibiyi to adhere to copyright laws. No claim on reasons of copyright can be made against gibiyi by anyone or any organisation on any reasons associated with the design of the logos we deliver to our customers (this includes but is not limited to claims on its similarity to other logos or its breach of copyright laws).
Though we use several techniques to verify the information provided by users is accurate, user verification on the Internet is not an easy task. So we cannot and do not confirm the purported identity of users or the validity of the information which users post to the Site. We request you to please use caution, common sense, and practice safe trading when using the Site. We (including our parent, subsidiaries, affiliates, officers, owners, directors, agents and employees) also have no liability of any sort (including liability for negligence) for the wrongful acts of its users – in accordance with the terms and conditions and for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.
In the event that you have any right, claim or action against any other user arising from that user's use of the Site, you agree to pursue such right, claim or action independently of and without recourse to us, and you release gibiyi (including its parent, subsidiaries, affiliates, officers, owners, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.
To enable gibiyi to use your information, you grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) licence to exercise the copyright, trade mark, publicity, and database rights you have in your information, in any media now known or not currently known. You also waive all moral rights you have in your information to the fullest extent permitted by law. We will provide you with the opportunity to receive any promotional mails and unsubscribe thereafter at anytime suitable to you.
Access and Interference
You agree that you will not use any robot, spider or other automatic device, process or means to access the Site. Nor shall you use any manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software or routine that interferes with the proper working of the Site nor shall you attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content in any way, form, detail or design from the Site without the prior expressed written permission of gibiyi and the third party, as applicable. We reserve the right to take legal action if this is found to be the case.
You agree to indemnify and hold gibiyi (and its parent, subsidiaries, affiliates, officers, owners, directors, attorneys, agents and employees), harmless against any loss, claim or demand, liability, costs and expenses (including reasonable attorneys' fees), made by any user or third party due to or arising out of your actions or omissions on this site or your violation of any law or the rights of a third party.
You and gibiyi are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, all notices shall be sent to the email addresses you provide to gibiyi during the registration process. Notice shall be deemed given 24 hours after email is sent, unless we are notified that the email address is invalid.
Disputes between you and gibiyi regarding our services may be reported to email@example.com. Our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution, before resorting to other alternatives.
We encourage you to report all disputes between users to your local law enforcement body.
You acknowledge and agree that our patents, trademarks, trade names, service marks, copyrights and other intellectual property is and shall remain our sole property, and nothing in this agreement shall confer in you any right of ownership or license rights in our Intellectual Property.
The software and the Site, including without limitation all text, graphics, logos, buttons, icons, images, audio clips, and computer programs, are the property of gibiyi or its suppliers, and are protected by U.S. and international copyright, trademark and other laws. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content on the site is strictly prohibited. We reserve the right, and will certainly, take legal action if this is found to be the case.
We may, also in our sole discretion, decide to terminate a user's rights to use or access to the site prior to that time if we believe that an alleged infringement has occurred.
If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable. You agree that gibiyi may automatically assign this User Agreement and all incorporated agreements in our sole discretion, to a third party in the event of a merger or acquisition or any other event. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of this User Agreement.