Terms & Conditions

Avatoon is committed to protecting your privacy.

In order to provide a quick and accurate response to your avatar design or web design order, Avatoon asks only for the information necessary to complete your order with precision. All the information is strictly for the use of Avatoon and its partner eightonesix.net , it will not be shared with any other third party. Avatoon uses Secure Socket Layer (SSL) technology to protect your privacy when you place an on-line order.

The information we gather and how we use it:

When you order a avatar design or illustration design, we need to know your name, your company's name, your email address, and your mailing address. This allows us to process and complete your order and to notify you of your order status. We also ask some information about your company in order to have a creative direction for your company's avatar design or illustration design needs. All the rights to the avatar artwork and avatar design we create at the request of a client belong to such client.

Refund Policy

We guarantee your full satisfaction or your money back. An administration fee of 3.5% of your original purchase price will be deducted from the amount refunded.

The refund policy will not take effect in any of the following events:

If you purchased a "Custom Design". If you have approved your avatar design. If work was commenced on one of your samples and 2 or more avatar design changes were effected at your request. If the project was cancelled for reason(s) unrelated to the avatar design of Avatoon If you do not communicate with Avatoon for more than 2 months following the submission of the avatar design. If other design companies were hired to work on the same avatar design project at the same time.

Legal Rights Agreement

All the rights of the avatar design and avatar artwork Avatoon has created and designed for specific client belong to the client for which it was designed. Avatoon does not hold any rights to the avatar design created for a client.

Avatoon does not file a trademark application with respect to the avatars designed for its client. The client is free to register as a trademark the avatar design created for it by Avatoon

In the event that payment for any avatar design is not made in accordance with the payment policies of Avatoon, then all of client's rights in and to the avatar design created for it, including any trademark property, will immediately revert back to Avatoon.

Avatoon warrants that its designs are of its own creation and are not copied from or inspired by existing designs or trademarks but does not warrant that a design the same as or similar to that designed by it, but of which it was not aware at the time of its creation, does not exist.

If for some coincidental reason a avatar designed or illustration designed by Avatoon. looks identical to another party’s avatar, Avatoon will provide a free redraw session with a new set of avatars.

Timelines:

The general delivery time line for the first avatar design concepts is 5 business days. Every following change will be delivered in 1-2 business days. More complex changes or redraws may be delivered up to 5 business days (depending on the complexity of work). All redraw deadlines are determined by the receipt of all necessary information pertaining to the re-designing of the avatar.

Loss of data:

Avatoon will take all appropriate precautions to safeguard its servers and data contained within, however Avatoon will not be held responsible for any loss of client data stored or intended to be stored on the servers and on back-up devices. The client will not be entitled to any form of compensation from Avatoon in the event of loss of data, therefore it is recommended that the client also takes steps to back up his/her avatar materials.

Prices and services:

Avatoon may make changes to the website and information provided, i.e. publications, prices, technical specifications, promotions and product offerings at any time and without notice.

Billing and Payment Terms and Conditions:

“Goods” means any goods and/or services provided by the Company as ordered by the Client “ Company” means Sample Answers Ltd. incorporating Prime Prospects. “ Client” means the person, firm or company placing an order with the Company.

1) FORMATION OF CONTRACT

All Goods sold by the Company are sold subject to the Company’s standard terms and conditions (as detailed in the policy section) which form part of the Client’s contract with the Company. Terms and conditions on the Client’s order form or other similar document shall not be binding on the Company.

2) ORDERS

Orders will be deemed to have been placed when an email confirmation has been received from a responsible executive of the client company.

3) RIGHT TO SUB CONTRACT

Unless otherwise agreed the Company shall be entitled to sub-contract all or any part of the work.

4) RISK OF LOSS

The risk of loss or damage to the Goods shall pass to the Client upon delivery of the Goods.

5) PAYMENTS

5.1 New clients or other clients out of terms may be expected to pay in advance for their services. 5.2 All other invoices issued by the Company shall be paid by the Client within thirty (30) days of the date of invoice unless otherwise agreed in writing by the Company. In the event of late payment, the Company may charge interest on the amount outstanding before and after judgement at the rate of five (5) percent above the Base Rate of Barclays Bank plc in force from the due date until the date of payment. 5.3 If any amount of an invoice is disputed then the Client shall inform the Company of the grounds for such dispute within seven days of delivery of the goods and shall pay to the Company the value of the invoice less the disputed amount in accordance with these payment terms. Once settlement of the dispute has been agreed, any sum then outstanding shall also be payable in accordance with these payment terms. 5.4 The Company reserves the right to increase a quoted fee in the event that the client requests a variation to the work agreed.

6) CANCELLATION

In view of the nature of the service, any order – once confirmed by the Company – is not cancellable. Cancellation of the Order by the Client will only be accepted on condition that any costs, charges and expenses already incurred, including any charges that will be levied by a sub-contractor on account of their expenses, work or cancellation conditions will be reimbursed to the Company forthwith.

7) DELIVERY

7.1 The majority of services as supplied by the company are despatched electronically by email and shall be deemed as having been delivered when the email has been opened by the client. 7.2 The Company reserves the right to substitute conventional delivery methods without notice or penalty should electronic despatch prove inconvenient; in which case delivery by the Company will be deemed to have taken place when the materials are handed to the custody of the Client at his premises or to a deputed messenger or courier when posted. The Company will be entitled to charge the Client for any expenses of delivery other than normal postage charges.

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