Terms of Service

Effective June 2013

Last Updated February 1, 2016. 


General Terms

This website enables the ordering of a variety of products and services designed to help your business grow and stand out.
The terms "we", "our", and "us" in this Terms of Use statement refer to PB+J and its affiliates. 

General Terms and Conditions

By entering into any contract or agreement with PB+J (a division of Stratta Creative Inc.) for products and/or services to be provided by PB+J, including, without limitation, ordering any products or services through the PB+J website (hereinafter referred to as your “Contract” with PB+J), you hereby agree to abide by, comply with, and be legally bound by the policies, terms, and conditions hereinafter set forth (these “Terms and Conditions”).

For the purpose of these Terms and Conditions, references to the products and/or services provided by PB+J shall include, without limitation, logos, designs, graphics or similar materials or information, website design, and other design and marketing services or other coding services, and any and all future product or service offerings of PB+J.

PB+J proudly uses the SquareSpace system for our website Content Management Systems (CMS) and eCommerce platform. We use Stripe as our payment provider, processor, and gateway. These providers were chosen for their quality, consumer usability and ease of use, security, and streamlined service offerings. Your interactions with and use of these services and features are governed by the individual Privacy Policies and Terms of Service of each provider.

-- Squarespace Terms of Service and Privacy Policy

-- Stripe Terms of Service and Privacy Policy

If you do not agree with any provision of these Terms and Conditions, you should not order any products or services from PB+J or enter into your Contract with PB+J. These Terms and Conditions are hereby incorporated by reference into your Contract. To the extent that any provision of these Terms and Conditions conflicts with any provision of your Contract, the provision set forth herein shall be deemed amended so as to be consistent with the provisions of your Contract.

PB+J reserves the right to modify, amend, update, and change these Terms and Conditions from time to time without notice. You are responsible for regularly viewing these Terms and Conditions. You acknowledge and agree that PB+J shall not be liable to you or to any third party for any modification, amendment, suspension, discontinuance, or other change to these Terms and Conditions.

If any provision of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part for any reason, the remainder of the Terms and Conditions shall remain valid and enforceable. 

All headings in this agreement are for convenience only and shall not affect the meaning of any provision hereof.

Payment

All prices in USD unless otherwise noted. All fees are subject to change should any unforeseen issues arise. 

Standard and Premium: 60% deposit required book a Start Date; 20% due on completion of Design Concepts; 20% due on given Launch Date. Lunchbox and Hourly: 100% upfront required to start. Payment may be made by Master Card, Visa, AMEX, or Electronic Money Transfer (EMT). 

By purchasing products and/or services from PB+J (a division of Stratta Creative Inc.) you hereby agree to abide by, comply with, and be legally bound by the policies, terms, and conditions set forth (these “Terms and Conditions”). If you do not agree to these terms, please notify projects@addpbj.com within 24 hours of your purchase for a full refund. No refunds will be issued after 24 hours of purchase.

-- ALL FEES SUBJECT TO APPLICABLE TAXES -- 

Refunds/Cancellation Policy

No refunds will be given after 24 hours of a project booking or payment being received. PB+J will determine, in its sole discretion, whether you are entitled to any refund. Should you receive a refund, you will be refunded an amount, less applicable termination and service fees. You agree that your acceptance of the refund shall constitute your sole and exclusive remedy with respect to related Responses. Additionally, you acknowledge that you will have no right (express or implied) to use any Response or other work product, content, or media, nor will you have any ownership interest in or to the same.

 

Website / Online Shop Design

Terms of Service

Our Obligations

After you have submitted all Website Content to us, provided you do not request additional changes, modifications, customized designs or similar work (“Custom Modifications”), we will create you a website (“Created Website”) with up to fifteen (15) pages of populated content and twenty (20) Online Shop products that meets the requirements provided by you to us (“Website Specification”).

PB+J reserves the right to refuse Service if any of the Website Content, or links from your website, which in our sole and absolute opinion, is deemed illegal, misleading, or obscene, or is otherwise in breach of our Terms of Use or Acceptable Use Policy. PB+J does not have a duty and does not generally screen or edit content or links originating from your website, but we reserve the right to monitor or to remove, without notice, any content or links which, in our sole discretion or upon order of a court or regulatory agency, are in breach of our Terms of Use or Acceptable Use Policy.

As outlined on the individual product purchasing pages of our website, you will receive the products, services, and details described (“Scope of Work”). A “Concept” means a unique idea or artwork presentation specific to an individual project.  A “Round of Revisions” means a one-time, consolidated list of requested changes submitted to us by you. All changes requested outside of this Round will be subject to additional charges.

Your Obligations

“Client Survey” means all the information we need to assess and interpret the needs and expectations of your project. “Website Content” means all content or information (including, without limitation, any text, music, sound, photographs, video, graphics, data, or software), trademarks, trade names, trade styles, logos and other intellectual property in any medium, provided by you to us. “Website Design” means the website design layout or template selected by you.

You agree to deliver the Client Survey and Website Content following the date you sign up for the Services (“Website Content Delivery Period”). At the time that your Website Content and Client Survey have been submitted, your project will start. Until the time that your Client Survey is received, the project will remain halted and all work will cease until which time the Client Survey has been provided to us by you. The Services will not be considered complete and the Created Website will not be made live until the Website Content has been submitted. PB+J will facilitate the initial Website Content population of up to fifteen (15) pages and twenty (20) products; you will be responsible for any further Website Content population.

Following the date that the Created Website is delivered to you (“Live”), you will be solely responsible for all revisions and alterations to the Created Website. If you request Custom Modifications or revisions after the Created Website is live, we will complete these requests for you at a time designated by us and at a cost invoiced to you for time and fees incurred.  

You will use the Created Website as one website only, displayed at a single IP address for the single purpose specified in the Website Specification. You are responsible for the Website Content, including without limitation, its accuracy and truthfulness and for ensuring that it does not contain any spelling or grammatical errors or infringe upon the rights of any third party. This applies for content created by us for inclusion on the Created Website. You will review and approve such content created by us at your direction and on your behalf. You agree not to store, link to, transmit, advertise or make available any Website Content that is illegal, misleading, or obscene, or is otherwise in breach of ourTerms of Use or Acceptable Use Policy.

NOTWITHSTANDING ANYTHING IN THIS AGREEMENT, THE WEBSITE CONTENT IS YOUR SOLE RESPONSIBILITY. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PB+J ENTITIES FROM ANY AND ALL CLAIMS, INCLUDING WITHOUT LIMITATION, MISAPPROPRIATION OF ANY COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, DATA, MUSIC, IMAGE, OR OTHER PROPRIETARY OR PROPERTY RIGHT, FALSE ADVERTISING, UNFAIR COMPETITION, DEFAMATION, BUSINESS OR PERSONAL DISPUTE OR ARGUMENT, INVASION OF PRIVACY OR RIGHTS OF CELEBRITY, VIOLATION OF ANY ANTI-DISCRIMINATION LAW OR REGULATION, OR ANY OTHER RIGHT OF ANY PERSON OR ENTITY, OR ANY PERSONAL OR BUSINESS ARGUMENT OR DISPUTE LOSSES, DAMAGES, LIABILITIES, JUDGEMENTS, OR SETTLEMENTS, INCLUDING REASONABLE LEGAL FEES, COSTS, AND OTHER EXPENSES INCURRED BY US AND ANY PB+J ENTITIES, RELATED TO OR IN CONNECTION WITH THIS AGREEMENT. THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

If you require support from us at any time, please contact your PB+J Customer Happiness Representative. 

Termination

You acknowledge and agree that once the service is terminated your website will be archived for a maximum of thirty (30) days, if you fail to pay us amounts due and payable hereunder. If the amounts due and payable hereunder are not paid by the end of the archive period, your website will be erased. PB+J will not be responsible for any errors, loss of information or any other mishap that may occur following non-payment. Retrieval of the website from the archive will be on a best-effort basis. Users visiting your website during the archive period will view an error or substitute message window until the amounts due and payable hereunder have been paid. 

You acknowledge and agree that upon termination of your Website Services, PB+J will deliver to you the Website Content and files on a best-effort basis. PB+J will not be responsible for any errors, loss of information or any other mishap that may occur, including but not limited to file compatibility. You additionally expressly acknowledge and agree to a File Transfer Fee, as determined on a per-account basis by your Client Happiness Representative.

Warranty

You acknowledge that PB+J does not warrant uninterrupted or error free Service and that PB+J does not warrant the content, availability, accuracy or any other aspect of any information including, without limitation, the accuracy of spelling or grammar, all data, files, the Website Content and all other information or content in any form or of any type, accessible or made available to or by you or its end users through the use of the Service. PB+J shall be permitted from time to time to interrupt the Services in order to provide maintenance to the Service.

Limitation of Liability

YOU AGREE THAT PB+J’s LIABILITY AND YOUR EXCLUSIVE REMEDY RELATED TO NON-PERFORMANCE OF THE SERVICE SHALL BE: (I) REPAIR OR ADJUSTMENT OF THE SERVICE, OR (II) WHERE REPAIR OR ADJUSTMENT IS NOT PRACTICABLE, AN EQUITABLE CREDIT NOT TO EXCEED THE CHARGES INVOICED TO YOU FOR THE PORTION OF THE SERVICE WHICH WERE NON-PERFORMING.

Proprietary Rights

You grant to PB+J, for the term of this Agreement, a non-exclusive, worldwide, royalty-free license to use, reproduce and display the Created Website and all Website Content in connection with the provision of the Service.

 

Logo Design

Terms of Service

Our Obligations

The Service provides individuals or entities that have signed up (each, a “Client”) the option to use a system to post specific assignments and project descriptions (each, a “Project”), including illustrative samples or other media (each, a "Creative Brief"), revise those Creative Briefs (each, a "Revision Brief") directly or indirectly with a Client Happiness Representative and obtain responses (each, a "Response") to those Creative or Revision Briefs from design experts retained by PB+J ("Members"). PB+J will provide you, as the Client, the Service according to the product purchased. Your Responses will be created iteratively through a drafting cycle of Creative Briefs, Revision Briefs and Responses, ultimately resulting in a final Response conforming to your various Creative and Revision Briefs. “Client Survey” means all the information we need to assess and interpret the needs and expectations of your project. 

As outlined on the individual product purchasing pages of our website, you will receive the products, services, and details described (“Scope of Work”). A “Concept” means a unique idea or artwork presentation specific to an individual project.  A “Round of Revisions” means a one-time, consolidated list of requested changes submitted to us by you. All changes requested outside of this Round will be subject to additional charges.

You agree to deliver the Client Survey following the date you sign up for the Services (“Survey Delivery Period”). At the time that your Client Survey has been submitted, your project timeline will start. Until which time that your Client Survey is received, the project will remain halted and all work will cease until which time the Client Survey has been provided to us by you.

PB+J reserves the right to refuse Service or remove content if any project, which in our sole and absolute opinion, is deemed illegal, misleading, or obscene, or is otherwise in breach of our Terms of Use or Acceptable Use Policy. PB+J does not have a duty and does not generally screen or edit projects, but we reserve the right to monitor or to remove, without notice, any project which, in our sole discretion or upon order of a court or regulatory agency, are in breach of our Terms of Use or Acceptable Use Policy.

PB+J does not guarantee that your logo will not have similarities to logos designed by us for our other customers. Apart from your logo as a whole, you obtain no right or claim of any kind to any individual design element or elements of the logo and we reserve the right to use one or more of the design elements in other logo design projects for other customers.

You will own the final product but will not own any materials, media or other content generated during any revision cycles leading up to the final product and we expressly reserve all right, title and interest in and to the same. You acknowledge and hereby grant us a royalty-free, irrevocable, exclusive, worldwide right to use creative and revision briefs, individual responses provided to you, and the final product for internal and archival purposes and to display and promote our logo design Services.

Your Obligations

You are solely responsible for preparing and submitting detailed descriptions of each of your Creative Briefs to your Client Happiness Representative, including providing samples illustrating your Creative Brief and any relevant deadlines. PB+J is under no obligation to review a Creative or Revision Brief for any purpose, including accuracy, completeness of information, quality or clarity. PB+J may decide, in its sole discretion, to deny a Creative or Revision Brief.

When PB+J provides you with a Response, you are responsible for reviewing the Response. If you fail to promptly inform PB+J that the Response is not reasonably responsive to the related Creative Brief, you will be deemed to have accepted the Response. If you notify PB+J that you think a Response is not reasonably responsive to the related Creative Brief, you shall then submit to Client Happiness Representative a Revision Brief containing information regarding amendments or modification to be made to the initial Response. After you provide PB+J with a Revision Brief, PB+J will provide you with a subsequent Response that conforms to the additional criteria you requested. PB+J is not responsible for the content of Responses developed to the extent that such Responses are prepared to conform to your Creative or Revision Briefs.

Revision cycles generally consist of three (3) additional compositions that incorporate changes you request in a Revision Brief. The purpose of the revision process is to create Responses that move your project forward in the specific direction you have determined. You may request significant changes in the first and second cycles, and the Responses generated might be quite different in nature from the original composition you selected. By the third revision request, your requests shall be modifications of the current composition only. Revision requests that depart from the then-current composition will be honoured and completed in a timely manner, however; PB+J reserves the right to charge additional fees for each such Revision. No revision work, which requires payment, will be started without your authorization.

You agree to provide timely responses to any status notifications that PB+J sends to you. PB+J 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.

PB+J is only providing logo design services and has no obligation or duty of any kind to provide any legal advice or other service to you regarding the logo or to perform any trademark clearance search or any other inquiry of any kind related to the logo. It is solely your responsibility to determine if the logo is suitable and appropriate for your use and to obtain the advice of an attorney or other suitable professional regarding whether or not the logo is legally available for your use and infringes the rights of any third party.

Termination

Customer may cancel their service at any time; however, you shall forfeit the right to any refund, in whole or in part, as outlined above. Refunds are only available to the actual Client for whom the logo was created. No refund is available for design firms or for those who order our design services on behalf of another entity.

In the event of termination, PB+J will determine, in its sole discretion, whether you are entitled to any refund. Should you receive a refund, you will be refunded the total amount paid less applicable termination and service fees. You agree that your acceptance of the refund shall constitute your sole and exclusive remedy with respect to related Responses. Additionally, you acknowledge that you will have no right (express or implied) to use any Response or other work product, content, or media, nor will you have any ownership interest in or to the same.

Warranty

PB+J makes no representations, warranties or covenants regarding, and does not guarantee, the truthfulness, accuracy, or reliability of any information or other material (including, without limitation, any Creative Brief or Responses) that are communicated through, or posted to, the Service, whether by Members, Clients, PB+J or otherwise, nor does PB+J endorse any opinions expressed by any user of the Website, including any Member or Client. Without limiting the foregoing, PB+J makes no representations, warranties or covenants regarding the validity of the rights to Responses granted pursuant to these Terms and Conditions. You acknowledge that any reliance on information or other material, including, without limitation, any information related to a particular Package or your project or Response, communicated through the Service, or posted to the Website, will be at your own risk. Without limiting the foregoing, you agree and acknowledge that you use each Response at your own risk and that you are responsible for taking any actions you deem reasonable to determine whether your use of a Response will infringe any statutory or third-party intellectual property, privacy or publicity rights. PB+J shall not be responsible for any use of photos that are not royalty free. It is the clients responsibility to purchase and pay for all rights to use any photos, images, graphics, icons, logos, and/or designs for any designs created by PB+J for the client. This includes websites, website templates, brochures, business cards, stationery, flyers, promotional items, etc..

Proprietary Rights

Upon submission of a Creative or Response Brief or any other information or media provided by you in connection with your use of the Service (collectively, the "Client Information"), PB+J and its agents shall have all rights and licenses necessary to use such Client Information for the purpose of obtaining Responses and for archival purposes. Each Member to whom your project is made available has the right to review and display the relevant Term Sheet for purposes of preparing a Response.

Upon your submission of Client Information to the Service, you grant PB+J a royalty-free, perpetual, irrevocable, sub-licensable, exclusive, worldwide right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (in whole or in part), and/or incorporate in other works, in any form, media, or technology now known or later developed, such Client Information, for the full term of any intellectual property rights that may exist in such Client Information to the extent necessary to provide you with the Service and Responses.

Subject to your compliance with these Terms and Conditions, you shall own the final Response composition provided to you by PB+J. (the "Final Product"). You shall not, however, own any materials, media or other content generated during any revision cycles leading up to the Final Product, and PB+J expressly reserves all right, title and interest in and to the same. You acknowledge and hereby grant to PB+J a royalty-free, irrevocable, exclusive, worldwide right to use Creative and Revision Briefs, individual Responses provided to you, and Final Product for internal and archival purposes, and in order to display and promote the Service. PB+J retains the rights to all artwork concepts and other content not selected by you. Should you use any alternative Creative Concept, without the express permission of PB+J, we reserve the right to charge you an “Additional Concept” Fee as outlined on our website. You acknowledge that your ownership rights under this agreement are limited to the Final Product, and that no trademarks or service marks in or to any Final Product are being conveyed under this agreement. You hereby acknowledge that PB+J shall have no obligation or duty to perform trademark, service mark or copyright searches or inquiries, or the like, in order to validate the propriety or legality of the Final Product. Accordingly, you are encouraged to perform your own independent searches with regard to the Final Product. Furthermore, you acknowledge that PB+J shall have no responsibility or obligation of any kind to assist you in seeking provincial or federal intellectual property protection (i.e., without limitation, trademark or copyright registration) for the Final Product, nor shall PB+J be responsible for otherwise assisting you in any way in your attempt to perfect your rights in or to the Final Product.