Terms of Service / Terms and Conditions.

Below you will find a detailed and easy to read terms and conditions. We strongly suggest that these are read as they will detail some of our design processes and offerings, such as our unlimited revisions policy.

Before you confirm your agreement to these terms, please make sure you understand all of the below agreements. Should you have any questions or concerns regarding these terms, please contact us here and we will assist you as soon as possible.

By entering into any contract or agreement with tacticalliondesigns.com for products and/or services including without limitation ordering any products or services through the tacticalliondesigns.com web site (hereinafter referred to as your “Contract” with tacticalliondesigns.com), you hereby agree to abide by, comply with and be legally bound by the policies, terms and conditions hereinafter set forth (these “Terms of service”).

These Terms of service are hereby incorporated by reference into your Contract. To the extent that any provision of these Terms and service 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.

Tacticalliondesigns reserves the right to modify, amend, update and change these Terms of service from time to time with notice via email or other means. You are responsible for regularly viewing these Terms of service.

You acknowledge and agree that tacticalliondesigns.com 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.

Delivery

We currently offer two different types of delivery. The first type is Standard delivery, this offers free delivery with an estimated first draft in 4-5 working days.
The second option is Premium delivery. This has a $25 delivery charge which will estimate a first draft delivery within 1-2 working days.

With all delivery options, the countdown to the delivery begins on the next working day after the order is placed. An example of this is if the order is placed at 7:00 pm on Friday the first working day will be Monday.
Please note that these delivery time frames are estimates due to the nature of the service we offer. We aim to be as punctual to these estimates as possible but occasionally some orders may need more time than others, therefore impeding our time frames. With this in mind please understand that if you pay for our premium delivery method your artwork will always be placed ahead of free delivery in our order queue.

Working days are Monday to Friday.
Please note public holidays may affect estimated delivery dates.

Estimated Delivery

In order for us to keep to your estimated delivery dates, we will rely on you to keep the project on time by approving designs and answering any questions we may have about your requirements. Late replies and delays in approvals will directly affect the project schedule, necessitating our moving deadlines and estimates back accordingly.

The Client’s failure to keep frequent contact for a period of 7 days or more will result in a reallocation of artists resources and work on the project will be delayed until further communication updates.

For the Client

In order for us to obtain a high level of excellence, your commitment to this project is highly valued and will be directly reflected in the results. By hiring our artists you’ve enlisted our expertise at how best to accomplish the goals that you and our team have defined. In order to accomplish those goals, we require your participation and cooperation. In the end, we can only accomplish what we are allowed to accomplish; the quality of the result will depend significantly on the quality of your participation.

Unlimited Revisions Policy

The Client must assume our unlimited revisions is directly related to the initial order information. Once the first draft has been accepted by the client, we will then only make more revisions to the artwork at our discretion. Typically this isn’t an issue and we can create extra tiles, change text and colours, but something such as a complete overhaul is not included.

This means, if we create your artwork following the order information you provided to us, you are able to make changes to your initial draft. However, once your order has been fully created, you may not make any drastic revisions as the order is marked as complete, signifying the end of artwork changes. If you return at a later date asking for revisions on your artwork with a completely new design which does not in any way coincide with the original order, then a new order will need to be placed to start the design process again.
The unlimited revisions policy comes to an end if we do not receive a request for a change from the client after 5 working days. This is due to the fact that we will mark the order as complete. We retain the right to make revisions to any artworks at our discretion.

Image Source and Usage

First, you guarantee that all elements of text, graphics, photos, designs, trademarks, or other artwork you provide are either owned by your good selves, or that you’ve permission to use them.

Most of our designs are done completely in-house. This means that we will create the images from scratch to the user’s specifications, typically these are text/vector/background/shape based artwork.

When the client requests something more specific, we reserve the right to access/use thousands of royalty free images with companies we work very closely with, these typically fall into cartoon/animal designs. With these designs, we hold a multi-seat, non-exclusive, non-transferable, license to use and reproduce vectors in several ways which do include but are not limited to resale and digital reproduction in non-Vector formats (jpg, gif, bmp).

We also work very closely with video game companies to make sure we are able to use their artwork. Typically the artwork that falls into this category will be videos of game characters and wallpapers. These are used under fair use/fansite/fanart licenses.

Cancellations and Refunds

In the event of cancellation of the assignment, ownership of all copyrights and the original artwork shall be retained by the designer, and a cancellation fee may be incurred for the work completed. Below are the 3 refund policies which apply to different scenarios:

Full Refund
If a cancellation is made within 24 hours of placing the order the customer is eligible for a 100% refund as we have not started designing the artwork.

Partial Refund
If a cancellation is made after the 24 hour period but before the delivery of the first draft then we can offer a refund minus a $20 cancellation fee.

If a cancellation is made after the delivery of the initial draft but before acceptable of the initial draft then we can offer a refund minus a $100 cancellation fee.

Refund Unavailable
If a cancellation is made after the initial draft has been accepted then you will not be eligible for a refund as the service has been rendered. Although changes to the artwork may be made up to 30 days past the delivery date.

  • Refunds do not apply if we do not hear back from you for more than 7 days after completing initial draft. (Project is considered closed after inactivity of 30 days)
  • Refunds do not apply if the company we are designing a graphic for closes, changes their name, or their activity.
  • Refunds do not apply if client has made any request which is out of scope or not properly defined in the initial description which was provided at the time of completing order form.

The refund will be returned to the payment method that was used.

Ownership

The Designer retains ownership of all original artwork until the final designs have been accepted by the client. If after 5 working days the customer has not replied to our final designs, the artwork will automatically be accepted by the client. The client may use the artwork however they wish with the exception of resale.
In the event of cancellation of the assignment, ownership of all copyrights and the original artwork shall be retained by the designer.

Limitation and Liability

The Client agrees that they shall not hold the Designer or his/her employees liable for any incidental or consequential damages that arise from the Designer’s failure to perform any aspect of the project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of the Designer or Client, any client representatives or employees, or a third party.

-Dispute resolution:
Any disputes in excess of the maximum limit for small-claims court arising out of this Agreement shall be submitted to binding arbitration before a mutually agreed-upon arbitrator pursuant to the rules of the Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The client shall pay all arbitration and court cost, reasonable attorney’s fees, and legal interest on any award of judgment in favour of the Designer. All actions, whether brought by the client or by the designer will be filed in the designer’s county/county of business/residence. This contract is held accountable to the legal system of and any applicable statutes held therein.

Acceptance of Terms

The action of accepting will hold both parties in acceptance of these terms. The Designer as the sender and the client as the recipient will acknowledge acceptance of these terms either through an e-mail noting acceptance or acceptance is acknowledged at the beginning of any work on said project. Acceptance shall be considered legal and binding.

-Collection of Information:
We collect information from you when you register on our site, place an order, respond to a survey or fill out a form. When ordering or registering on our site, as appropriate, you may be asked to enter your name and email address. You may, however, visit our site anonymously.

The small print

You can’t transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.

Although the language is simple, the intentions are serious and this contract is a legal document.

Last updated: 06/06/2019