Use of Service

• For Design Contest Open Briefs, if you have paid the a posting fee and/or deposited your budget in full and (1) no Submissions are provided; (2) all the Submissions do not meet the Concrete Requirements you outlined in your brief; or (3) if all of the Submissions do not meet DesignBay's Minimum Design Standards then your posting fee and/or budget will be refunded by completing the Refund Request form, which will be provided to you upon request.

Upon timely receipt (within 7 business days) of the completed form, DesignBay will refund the total payment (less any fees from PayPal that have already been incurred by DesignBay in accepting payment of your posting fee or deposit of your budget) made by you via PayPal.

Refunds are only available to the actual client for whom the logo was created. Design firms or other designers who use the DesignBay service on behalf of another entity are not entitled to refunds, although DesignBay may grant a refund if requested.

You shall forfeit the right to the refund outlined above if you request additional revisions to any of the initial concepts. You shall also forfeit the right to a refund if you do not respond with 7 business days after your Brief closes. Once you have approved the submitted work and/or downloaded the designs and sent the payment - no refund will be provided as DesignBay can not recoup the money from the designer.

(i) Should a Client receive a refund, the Client agrees that your acceptance indicates that you acknowledge that you will have no right (express or implied) to use, or hold any ownership, of any Submission you received through DesignBay.

(j) Service Changes.  The Service may be added to or modified by DesignBay in the future without prior notification.

(k) Registration.  Joining DesignBay is free for both Designers and Clients.

(l) Ownership and Original Work.  Designer Submissions (including text, graphics, photos, designs or other artwork) to DesignBay Site must be owned by the designer, or the designer must have permission from the rightful owner/holder of the trademark/copyright to use each of these elements. 

Designers are required to submit completely original logo designs where all components have been created and are owned by them but may submit other designs (such as web or brochure designs) that are partially owned and created by them but include components/artwork (including but not limited to photos, icons and fonts) not created or owned by them but for which the Designer has permission to use for commercial purposes. The copyright of these components may remain with the original 'third-party' designer.  In such a case, the Designer agrees that they have the right to use, and that the customer will have the right to use, these designs and components.   Designers must have ownership, or the right to use, any fonts used in their designs. 

The Designer agrees to hold DesignBay harmless from any claim arising from the creation, publishing, distribution or use of submission, or elements of a submission.

(m) Copyright.  Designers agree to transfer copyright of their Submissions to the Client if purchased by the Client.  Designers also agree to no longer sell these designs, or variations of designs, to other clients once they have sold them through DesignBay to other clients through, or outside of, the DesignBay Site.  Clients agree to hold DesignBay and its directors harmless from damages, expenses or claims by third parties if a design purchased through the DesignBay Site is found to in some way infringe copyright, infringe a trademark or be illegal in any way.

(n) Service Changes.  The Service may be added to or modified by DesignBay in the future without prior notification.

(o) Ethical use of Design Contest Open Briefs.  Clients may only use a Design Contest where their intention is to purchase a Submission.  Clients may not use Design Contests to generate ideas and use these ideas with no intention to buy any Submission. 

Submissions