Welcome to Dakov! By using Dakov, and signing up as a Client, you agree to be legally bound by these Terms and Conditions, including those terms and conditions incorporated by reference. Please read these terms carefully. If you do not accept these Terms and Conditions stated here without modification, you may not use the services provided by Dakov. Dakov may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. In these Terms and Conditions, Dakov, the Dakov service, all services related to it, and all text, images, photographs, user interface, "look" and "feel", data and other content included in it from time to time (including, without limitation, the selection, coordination and arrangement of such content) are referred to as the "Dakov", "Service” or “Project.”
Communication:
Communication is essential in this business for success. The client agrees that they will reply promptly to all drafts, revisions, samples, and questions send and asked by Dakov in a timely manner. The client also agrees to be clear, and specific to all emails, questions, phone calls, or any other communications. If the client FAILS to respond to any email or is not heard from by Dakov within 30 days, the project or service will be considered complete and or closed. No further changes or revisions will be made without extra fees and a startup fee will be charged to re-initiate the charges. If the client does not cooperate or communicate properly with Dakov, Dakov has the right to close the project and give a refund based on the refund policy.
Delivery of Information:
The Client agrees to acquire or deliver any information requested by Dakov in a timely manner. Any delivery of the information that will be inserted or used for your project such as a menu, brochure, copywriting, business proposal, marketing report, website content, etc. must be delivered in a digital copy and paste format
Payment
Clients registering for the Service must pay for the Service via credit card, wire transfer, check, money order, cashiers check, paypal, or other payment method expressly authorized by Dakov, at the time of registration for the Service.
Full payment on any project is due within 60 days of the first payment transfer regardless of project completeness unless a timeframe and breakdown of payment was specified in your proposal.
Additional transaction fees up to 3% may be charged on orders by credit card or paypal totaling over $1,000 USD. Payment must be in full and complete before the final project or service files are delivered. Payment may be held for up-to 15 days WITHOUT delivery of final product or service in order to verify accuracy of funds and may be held longer if funds do not clear in time.
General Refunds
Clients requesting a refund must submit their refund request in writing signed by the Client. Refunds are given only at the sole discretion of the Dakov. Refunds will not be given if the project has been active for more than 30 days.
Designs, Revisions, & Times
Dakov does offer unlimited designs and revisions to all customers. This is only to a certain extent and within reason. Dakov can choose to refund all funds and stop the project immediately less the $75 service charge for any reason at anytime. Most of these reasons are based on but not limited to: the Client is secretly trying to make a logo template store, sub contracting other work through us to a third party, or the Clients failure to choose a final draft.
Depending on the complexity of the project design times may vary from project to project. For a logo design project, usually first creative designs are sent to the client within 7 business days. Each revision is usually done within 5 business days. There is NO guarantee on design times and Dakov will not be held responsible due to Clients necessary completion time due to software, hardware, or any other equipment issues on either Dakov or the Clients side.
Refund Policy
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. Dakov will give full refund to the Client less a $75 service charge only upon client request which must be delivered in writing by a simple letter signed by the Client.
Dakov will NOT what so ever give a refund to NON-DESIGN Projects and/or:
1. If you have approved your logo or project (means you have approved any of the sample designs we have produced for you).
2. If we have began working on one of your samples and made 2 or more alterations or revision for you.
3. If the company we are making the logo for closes, changes their name, or their activity.
4. If we do not hear back from you for more than 30 days.
ALL REFUNDS MUST BE REQUESTED WITHIN 15 BUSINESS DAYS AFTER THE FIRST CREATIVE DESIGN DRAFTS TO RECEIVE THE REFUND FOR ANY DESIGN WORK. FOR ANY PROJECT OVER $1,000 USD, REFUNDS MUST BE REQUESTED WITHIN 25 DAYS AFTER THE ORDER WAS PROCESSED.
Trademark, Registrations, & Ownership
All the rights of the finalized logo and artwork Dakov has created and designed for its clients belong to the client it was designed for. Dakov does not hold any rights of the logo created (provided that final payment has been received from the client). The client may keep only one (1) design art work. All other designs are owned by Dakov and may not be used or taken by the client in any way. Dakov also has the right to use the final design on any promotional section they choose for new upcoming clients or display previous work of Dakov. If Dakov expands, changes it’s name, or owner, Dakov may still use the final design sample as a presentation for future work purposes.
The client is free to register his/her logo created by Dakov under his/her name or trademark. Dakov does not provide registration services, nor does it assume responsibility of an event of a plagiarized name, existing identity, or extreme logo similarity. However, in the event of this situation, we will modify the logo to correct and/or aid our client for a time period of no more than 30 days of creating primary image. We suggest you register the logo with your state or province in order to protect its design. This will protect you from others copying your logo design.
Website Images, Graphics, & Content:
Dakov is not liable for any use of copyrighted or trademarked images or content found on the Clients website. It is the Client’s responsibility to ensure their website abides to all copyright, legal, & trademark issues with their writing, graphics, and logos.
Website Advertisement:
By administrating any website design or development projects to Dakov, Dakov has the right to list and link up to four (4) of our company links at the bottom or footer of your website to acknowledge credit and promote our work through the internet. Unless agreed upon beforehand, the fee to have no reference to any of our website is 30% of your website's total price to help cover our expenses in searching for new clientele.
Website Maintenance:
This agreement allows for minor web site maintenance to pages over a 1-month period after each page is created, up to an average of one half hour per regular web site, including updating lines and making minor changes to a sentence or paragraph. It does not include updating or replacing nearly all the text from a page with new text, major page reconstruction, new pages, guest books, discussion webs, or navigation structure changes. If the client's web design package includes database access using Server Side Script, then very minor page code changes will be accepted under this maintenance plan. Major page code and/or database structural changes will be charged at current hourly rates.
Re-Selling of the Service:
The Service shall not be directly re-sold to a third party without prior written permission from Dakov. If you are ordering the Service on behalf of a third party (including but not limited to a client if you are a Web design business), Dakov sole responsibility as to the provision of the Service and any liability aspects regarding the Service remain between you (as the customer placing the order) and Dakov, and shall not extend to any third party. You must at all times defend and hold harmless Dakov, its staff, contractors, affiliates and third parties, and paid for any legal expenses that may be incurred.
Limitation of Liability:
To the maximum extent permitted by applicable law, Dakov and/or its suppliers shall in no event be liable to you or any other party for any damages whatsoever (including but not limited to, damages for loss of business or profits, interruption to business, loss of information, or for any other indirect or consequential loss) arising out of the use of, provision of, inability to use or inability to supply the Service or any support or after-sales service(s).
You agree that Dakov shall not be held liable for any cause, effect or action resulting from submitting your website to one or more or all search engines, directories and link lists through the service. This shall include any additional traffic, loss of traffic, or any form of action resulting from the additional exposure your website may or may not receive, or any overload that may result on your website's server form any additional traffic it may receive.
Limited Warranty and Disclaimer: Dakov warrants that it will at all times act in good faith in the provision of the Service, and to the best of its knowledge. Dakov warrants that the Service will perform substantially in accordance with the description of the service provided throughout the website.
OTHER PROVISIONS:
Bonuses and Specials
All bonuses may be denied to various clients due to high shipping rates, eligibility, or time constraints. Special services and discounts that are to be created AFTER the initial project is completed may be delayed and is not bound by the standard design or revision time.
Eligibility, Use and Dakov
To register as a Client, you much be at least 18 years of age, agree to these Terms and Conditions, and complete the registration procedure. By registering as a Client, you represent and warrant that you meet these eligibility requirements, that the information you include as part of the registration process is complete and accurate and, if you are registering on behalf of an entity, that you are authorized to bind that entity to these Terms and Conditions. Dakov may accept or reject your registration in its sole discretion. The Service is not directed to children.
Dakov shall not be responsible for any delays or interruptions of, or errors or omissions contained in, the Web Site. Dakov reserves the right, but shall not be required, to correct any delays, interruptions, errors or omissions. Although Dakov intends to use commercially reasonable efforts to make the Web Site and Service accessible, Dakov makes no representation, warranty or covenant that the Web Site or Service will be available at all times or at any time. Various circumstances may prevent or delay availability. Dakov may at any time discontinue the Web Site in whole or in part, may change or eliminate any transmission method, and may change transmission speeds or other signal characteristics. Dakov shall not be responsible for any loss, cost, damage or liability that may result.
You are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (i) accessing data not intended for you or logging into a server or account that you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mailbombing" or "crashing", the Web Site; (iv) sending unsolicited e-mail, including promotions and/or advertising.
Web Site and Service Generally. Except as expressly contemplated under this Agreement, as between Dakov and you, Dakov will own all right, title and interest in and to all copyright, trademark, service mark, patent, trade secret or other intellectual property and proprietary rights in and to the Web Site and Service, in all media now known or later devised, to the full extent provided under United States and international law. You shall not remove, conceal or alter any copyright notice, byline information, disclaimer, restriction or other notice on the Web Site or any portion thereof. You shall not use or permit any third party to use the name, trademarks, trade names, or trade dress of Dakov, including "Dakov", without the prior written consent of Dakov in its sole discretion for each such use.
Disclaimer of Warranties
THE SERVICE AND THE RESPONSES ARE PROVIDED "AS IS." Dakov MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE WEB SITE, INCLUDING ANY PART THEREOF, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE WEB SITE, INCLUDING ANY RESPONSE, JOB, TERM SHEET, USER IDENTITY OR LINKED CONTENT (ASHEREINAFTER DEFINED).
NEITHER Dakov NOR ANY THIRDPARTY SHALL BE LIABLE TO YOU OR ANY OTHER PERSON FORANY REMEDY, LIABILITY, DAMAGES, COSTS, OR LOSSES WHATSOEVER RELATING IN ANY WAY TO THE WEB SITE, INCLUDING ANY PART THEREOF, OR ANY OTHER CONTENT, WHETHER ARISING UNDER THESE TERMS OR APPLICABLE LAW,INCLUDING CONTRACT, TORT, STATUTORY, OR ANY OTHERLAW.
IN NO EVENT SHALL THECOMPANY OR ANY THIRD PARTY BE LIABLE TO YOU OR ANYOTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE WEB SITE,INCLUDING ANY PART THEREOF, OR ANY OTHER CONTENT,(INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THESERVICE) EVEN IF Dakov OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Legal Disputes
Customer hereby agrees and consents to venue in at the location where Alexander Evdakov, Owner of Dakov resides in the event of any legal action regarding these Terms and Conditions or of any copyright enforcement regarding the subject matter of these Terms and Conditions.
