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TERMS & CONDITIONS

Revision Policy

The Promotion Lady, LLC guarantees you revisions according to your selected design and/or development packages. Anything not stated in the solution description is not part of the project and if included later after submission, will be charged extra unless otherwise agreed by The Promotion Lady, LLC. (i.e. structural development changes, consulting, promotion, and/or structural design changes). However, the design, development, and concept will remain the same and the revision turnaround time would either be 72 hours (3 days), 120 hours (5 days, or 168 hours (7 days).

Refund Policy

The Promotion Lady, LLC ensures 100% customer satisfaction with our Revision Policy, which enables you to improve on your initial design before delivery. In case of any duplicate charge due to processing error, or failure to fulfill any of your special designing requirements would be considered case-by-case and at the discretion of The Promotion Lady, LLC, however, it shall be assumed between both parties that you are satisfied with your initial designs if a refund request is not received within five days of initial design delivery or after submission. If indicated in our contract in the event of project cancellation by the Customer, no refunds will be dispensed. This constitutes the entire understanding of both parties. Any changes or modifications thereto must be in writing and signed off by both parties. For any Special/Combo Packages, the same refund policy will be applicable as for the single design packages. Your refund will be processed as per the conditions below:

Keep the following arrangements into account:

If the request for a refund is made before the order delivery or submission to stores, you would be in consideration for a full refund (less a 10% service and processing fee) unless indicated in our contract in the event of project cancellation by the Customer, no refunds will be dispensed. All refund requests should be communicated to the support department. The Promotion Lady, LLC based on the violation of your user agreement, reserves the right to approve/disapprove your request on an individual case-to-case basis.

How to claim your refund

All refund requests will be fulfilled as per the following arrangement:

1: Claim your refund specifying your concern by contacting us via email.

2: We will try to resolve your concern with our revision policy as soon as possible, or else an email for the refund request will be sent to you from our refund department.

After the refund and/or termination of a contract, your design rights would be obtained by The Promotion Lady, LLC and you would not be able to display any version of the design sent by the company. Let us also specify that:

1: Since the design rights would now be transferred to the company, you will no longer have the right (direct or indirect) to use any response or other content, work product, or media, nor will you have any ownership of it.

2: Working in collaboration with the Government Copyright Agencies, The Promotion Lady, LLC would share Copyright Acquisition information for the refunded and/or terminated project designs that would restrict the re-use of the designs as original designs in the future.

Quality Assurance Policy

To provide you with the desired satisfaction, our team delivers the designs and/or development according to your specifications and needs. The designs and/or development are created after thorough research and analysis that ensures that the design quality and uniqueness are maintained throughout. 100% satisfaction guarantee our multiple revision offers to ensure that you get 100% satisfaction before delivery, submission, and/or transfer of ownership. We rework the ordered design and keep on revising it until you are completely satisfied. 

Changes

The Promotion Lady, LLC reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. The Promotion Lady, LLC may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources and modification as well as the termination of released features). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Limitation of Liability

You expressly understand and agree that The Promotion Lady, LLC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if The Promotion Lady, LLC has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) any bugs arising in the app; (vi) corruption of application, hacking attacks, security of the app or any other matter relating to the service; (vii) any rejection of your mobile application from any mobile application store or marketplace; (viii) for any amounts that exceed the fees paid by you to The Promotion Lady, LLC under this agreement during the twelve (12) month period prior to the cause of action. The Promotion Lady, LLC shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. You understand that PAS is a reseller of drag-and-drop software that releases liability of The Promotion Lady, LLC services to the provider of the software. If termination of the contract occurs between the software company and The Promotion Lady, LLC, The Promotion Lady, LLC is not responsible for any damages, stored data, or functionality of your app. The Promotion Lady, LLC has the authority to pause and/or cancel web hosting subscriptions after the communication of termination notification or changes of services.

Delivery Policy

All design order files are delivered via email. An e-mail is sent to inform the client about their design order delivery. All policies about revision, refund, or termination of the contract are subject to the date and time of the design order delivered to the client. A 10% amount of the total fee will be charged for processing the order. We deliver all our customized design orders via e-mail within 2 to 14 days of receiving the order. We offer a RUSH DELIVERY service through which you can have your first logo samples within 24 hours by paying just $75 extra! For further assistance, contact our Customer Support service.

Indemnification

You agree to indemnify and hold harmless The Promotion Lady, LLC its contractors, its licensors, and their respective directors, officers, employees, and agents, from and against any claims, damages, obligations, losses, liabilities, costs, or debts, and expenses (including but not limited to attorney’s fees) arising from (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; or (iv) any claim arising from feature bugs or content of the app by either you or a third party; or (v) any rejection of your mobile application from any mobile application store or marketplace, for any reason whatsoever. This defense and indemnification obligation will survive these Terms and your use of the Service. If your app was developed under the reseller software, and in the event that The Promotion Lady, LLC contract is suspended/terminated or canceled, you have a right to request your app to be transferred under the terms of the software provider. 

Third-Party Services & Third-Party Application Providers

The Promotion Lady, LLC services utilize multiple Third-Party services including but not limited to Shutter Stock, PubNub, Facebook, Google’s (YouTube, Maps, Firebase, Sheets, API.AI), Sinch, Vuforia, AWS, Azure, Pixabay API, and others. You acknowledge that the license to each Third-Party Service that you obtain is a binding agreement between you and the Application Provider. For Third-Party Apps, you acknowledge that (i) you are acquiring the license to each Third-Party App from the Application Provider; (ii) AP is not acting as an agent for the Application Provider in providing each such Third-Party App to you; and (iii) PAS is not a party to the license between you and the Application Provider concerning that Third-Party App. The Application Provider of each Third-Party App is solely responsible for that Third-Party App, the content therein, any warranties to the extent that such warranties have not been disclaimed, and any claims that you or any other party may have relating to that Third-Party App. In the case of Third-Party Apps, the License Fee is set at the sole discretion of the Third-Party Application Provider and PAS does not collect the License Fee on behalf of the Third-Party Application Provider, you will have to pay this directly to the Third-Party Application Provider. The Licensor may change the License Fee at any time.

Legal Issues & Jurisdiction

This Agreement, and any disputes arising out of or related hereto, shall be governed by the laws of the State of South Carolina without regard to its conflict of laws rules. The parties agree that this contract is not a contract for the sale of goods; therefore, this Agreement shall not be governed by the codification of Article 2 or 2A of the Uniform Commercial Code, or any references to the Uniform Computer Information Transactions Act or the United Nations Convention on the International Sale of Goods. The district and high courts located in South Carolina shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement. Each party hereby consents to the exclusive jurisdiction of such courts. Non-payment shall result in the acceleration of the minimum value of this agreement being payable in full. You acknowledge that in the event of such acceleration, the minimum value of this agreement shall be due and payable as minimum liquidated damages because such balance will bear a reasonable proportion to PAS’s minimum probable loss from your non-payment, the amount of PAS’s actual loss being incapable to calculate. Client agrees to pay all costs and expenses, including but not limited to, attorney fees and court costs, for the collection and/or enforcement of any obligation under this agreement, whether or not a lawsuit or arbitration is commenced.

Ownership of the Artwork

Once the artwork is approved, and the final file is sent to the client after the complete payment, the client owns all the rights to the paid design. All the claims and copyrights of the design are then transferred to the client excluding the grounds of contract termination after project completion as mentioned above. "After the refund and/or termination of a contract, your design rights would be obtained by The Promotion Lady, LLC and you would not be able to display any version of the design sent by the company."

Site Terms of Use Modifications

The Promotion Lady, LLC may revise these terms of utilization for its site at any time, without any notification. By utilizing this site, you are consenting to be bound to the latest variant of these Terms and Conditions of Use.

Copyrights & Trademarks

The client retains full ownership of the logos, the drafts, and all related materials excluding the grounds of contract termination after project completion as mentioned above. The project retains the right to use the logos solely for promotional purposes, including them as part of our portfolio, and should under no circumstances sell or use them for profit unless explicitly authorized by the client. The client has the right to use the design, graphics, logos, and text contained, at their discretion. The project should use the logos fairly and legally, which does not damage the client’s reputation and integrity.

Record Maintenance

We keep a record of your finalized design once we provide you with the final files. If you require the final files again in the future, we can send them to you at your request except on the grounds of contract termination, no files will be transferred. The data will be maintained for a period of 6 months, after which the files will be permanently deleted.

Communication Policy

You agree that Premier App Solutions is not liable for any correspondence from email address (es) other than mypremierappsolutions@gmail.com or/and any number that is not mentioned on our website. The Promotion Lady, LLC should not be held responsible for any damage(s) caused by such correspondence. We only take responsibility for any communication through email address (es) under our own domain name or/and via number i.e. already mentioned on the The Promotion Lady, LLC Website.

Customer Support

We offer Customer Support to address your queries and questions. You can contact us between 9:00 am - 5:00 pm EST via email at thepromotionlady@gmail.com or our number: +1-803-638-8090.

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