Iconfinder.com provides an online service (“The Service”) that helps connect buyers who wants to purchase custom icon designs (“Buyers”) and icon designers who wish to provide such designs (“Icon Designers”), through Design briefs (“Design Brief”).
Custom icon design as a feature is still in a beta version and the main project flow is handled manually by employees from Iconfinder.com. The Buyers or the Icon designer can therefore experience some small bugs or workflow problems.
When using this service the Buyer and the Icon Designer accept that Iconfinder.com cannot be held responsible for economic loses in any way during the whole process. In particular, the limitation of liability contained in the Terms of Service of Iconfinder under the section “Warranty disclaimer” applies here.
1.2 The Buyer
To order and purchase custom icon design on iconfinder.com The Buyer has to create an account on Iconfinder.com and sign in as a user. As a user on Iconfinder.com you agree to the Terms of Service which consitute an integral part of the terms of service for custom icon design. As a consequence, the Terms of Service apply in their entirety to the purchase of custom icon designs.
When ordering a custom icon design the users are called “Buyers”. The Buyers have to provide relevant information in some form including, but not limited to, a Design Brief. Iconfinder will send the Design Brief to all of our approved custom Icon Designers. It is important that The Buyer gives as much information about the whole icon design project as possible.
Within 24 hours from the time The Buyer uploads his Design brief, The Buyer will at the email address used in the Design Brief, receive an email containing offers from quality approved Icon Designers on Iconfinder.com. The offers will contain a link to the Icon Designers’ profiles on Iconfinder.com so that The Buyer can choose which Icon Designer matches The Buyer’s icon design project the best. A price offer from each designer for completing the specific icon design project will accompany the links to the designers' profiles.
Based on the Icon Designer profiles and the price offer on making The Buyer's custom icon design, the Buyer shall review the offers and decide on one Icon Designer from the offers received. The one Icon Designer the Buyer picks for the icon design project will create it. After The Buyer picks his favourite icon designer for the project, The Buyer will receive an invoice from Iconfinder via email. The Icon Designer will start creating the custom icons ordered when Iconfinder.com has received payment on that invoice. Within a couple of days of having chosen an Icon Designer, The Buyer will receive an example of the agreed icons from the Icon Designer. The Buyer then either accepts the icons or submits requests for modifications. Once The Buyer has accepted the icon examples, The Buyer cannot request further modifications.
The money from the invoice will be kept in escrow until the custom icon design is approved by the Buyer and delivered to the Buyer. If the Icon Designer does not deliver quality icons based on the Buyer’s Design Brief prior to or by deadline, The Buyer’s money held in escrow will be paid back to the Buyer’s account unless an alternate agreement has been made, in writing, between The Buyer and Iconfinder.com.
1.3 Design brief
In order to purchase custom designed icons on Iconfinder.com from our Icon Designers, the Buyer shall fill out a Design Brief. The Buyer agrees to be responsible for all information and content uploaded or shared with Iconfinder.com and the Icon Designers. If the information and content in a Design Brief is illegal regarding to copyrights, other intellectual property rights or in any other way. The Buyer will be held responsible for all legal action regarding the content of the Design Brief. This means, for instance, that the Icon Designer and Iconfinder.com may seek to reimburse any expense, including damages, from The Buyer which they have had to pay as a consequence of third party claims based on The Buyer’s Design Brief.
1.4 The Icon Designer
In order to become an custom Icon Designer on Iconfinder.com, you must be pre-approved by Iconfinder.com. If you are not approved by Iconfinder.com you will not receive any Designs Briefs from Buyers who want to purchase a custom icon design. The custom Icon Designer who receives Designs Briefs from Buyers through Iconfinder.com’s custom icon design feature shall agree to respond to the Buyer’s Design Brief within 24 hours. The Icon Designer must answer whether the Icon Designer is interested or not. The response from the Icon Designer shall contain a specific offer from that Icon Designer to The Buyer for creating the design based on the information in the Design Brief uploaded by The Buyer.
When using this service the Icon Designer agrees to create the custom icons exactly as written in the Design Brief from the Buyer. If the final design is not finished and delivered to The Buyer through Iconfinder.com prior to or on the deadline mentioned in the Design Brief and accepted by the icon designer, the Icon designer will not receive payment from either The Buyer or from Iconfinder.com. After The Buyer has picked his favourite Icon Designer to create his custom Icon Design, the Icon Designer agrees to send at least one prototype or example of the design to The Buyer within 72 hours from when The Buyer has chosen that Icon Designer for their custom icon design.
When participating as a custom Icon Designer in The Service, the Icon Designer agrees that all custom icon designs will be the unique work created and owned by the Icon Designer and free of any claims of copyright or other intellectual property right by any party other than the Icon Designer. If any icon design submitted or sold by the Icon Designer is subjected to any claim, including intellectual property right infringement claims, the Icon Designer agrees to be solely responsible for any and all legal actions and costs arising from such actions and agrees to hold Iconfinder.com blameless and not responsible for any claims, costs, or actions arising from such a claim. Iconfinder.com can and will not be held responsible for any economic costs regarding fraud or illegal design of icons.
Selling custom icon designs through Iconfinder.com is based on the same “Terms of Service” as being a contributor or an Icon designer on iconfinder.com in regards to payments and cashouts. The Terms of Service can be found here https://www.iconfinder.com/about/termsofservice
When a Buyer orders a custom icon design from an Icon Designer on Iconfinder.com, the Buyer will receive an invoice on their email. The Buyer agrees to pay the invoice received for the custom icon design project within 48 hours of receipt of the invoice unless the design brief is deleted and a new one uploaded. If Iconfinder.com detects misuse of deleting design briefs, Iconfinder.com will not forward Design Briefs from that particular user in order to ensure the quality of the service. The money held in escrow is to secure commitment from both parties. The money will go to the designer’s account on Iconfinder.com when the final icon design has been approved by and The Buyer as determined in the Design Brief.
3. Copyright and licenses
When submitting a Design Brief, The Buyer shall indicate whether The Buyer wishes to purchase sole ownership of all intellectual property rights, including copyrights, for the custom icons or whether the designer may retain ownership of such rights, and thus re-sell the icons at the designer’s discretion without limitation by or consideration for The Buyer. When retaining ownership of all intellectual property rights, the designer agrees to sell the custom icons exclusively on Iconfinder.com and nowhere else, including the designer’s own website or other outlet, if applicable, for a period of 24 months.
Icon Designers and Buyers who are introduced by or through Iconfinder.com and initially engage on a custom icon design project through the submission of a Design Brief through the feature on Iconfinder.com called custom icon design, shall not do any business with regards to the project outlined in the Design Brief outside of said feature on Iconfinder.com. In case of violation of the foregoing, Iconfinder.com has the right to invoice the Icon Designer or deduct an amount from the Icon Designer’s account on Iconfinder.com corresponding to USD 50 per icon.