By submitting a design request and completing payment, you agree to these Terms of Service (“Terms”). Makely (“we”, “us”, or “our”) provides UX/UI, branding, and design services on a package basis. These Terms govern your use of our design services (“Services”) and form a legally binding agreement between you and Makely. If you are entering into these Terms on behalf of a company or other legal entity, you confirm that you have authority to bind that entity to these Terms.
1. Services and Payment
To start a project, you must first submit a design request form. Your request is only considered confirmed once payment has been made in full. Services are provided on a package basis, as described on our website. Each package specifies the number of design requests and revision rounds included. A “request” is defined as a single design brief submitted via the form, and a “revision” is defined as a round of changes to the delivered design. All fees are quoted and payable in United States Dollars (USD). Clients are responsible for any applicable taxes, duties, or local charges in their jurisdiction. Additional requests or revisions beyond those included in your package may incur extra fees.
2. Process and Delivery
Work begins once both the design request form has been submitted and payment has been received. We aim to deliver a first version of your design within 72 hours of receiving a completed and paid request. More complex projects may take longer, and in such cases, we will notify you in advance. All communication regarding your request will take place via email or Slack.
3. Delivery Timeframes
We will use all reasonable efforts to deliver initial design drafts within 72 hours of receiving a completed and paid request. However, this timeframe is a target and not a guaranteed deadline. Larger or more complex projects may require additional time, and delays may also occur if the information provided in your request is incomplete or unclear. Makely will not be liable for any loss, damage, or costs incurred as a result of delivery times extending beyond 72 hours.
4. Refunds and Cancellations
Because we begin work shortly after receiving both your request and payment, refunds cannot be issued once work has started. If you wish to cancel a request, you must notify us within one (1) hour of submission and payment in order to be eligible for a full refund. After this period, all fees are considered non-refundable. Refunds will not be provided for unused requests, unused revisions, or for dissatisfaction with creative direction once the agreed brief has been followed.
5. Fair Use of Packages
Each design request should be clear, specific, and reasonably scoped to fit within the package purchased. Requests that are excessively broad, vague, or contain multiple unrelated projects may be rejected, split into separate requests, or subject to additional charges. For example, “design me a complete mobile app” would not qualify as a single request, whereas “design the onboarding screens for my app” would. We reserve the right to determine whether a request falls within the fair use of your package and to adjust timelines or fees accordingly.
6. Request Expiry and Rollovers
Design requests and revisions included in your package must be used within the billing cycle they are purchased. Unused requests or revisions do not roll over into the following month and will expire if not used. It is your responsibility to submit requests in time to make full use of your package. Pausing or deferring unused requests is not permitted.
7. Term and Termination
These Terms remain in effect while you use our Services. Either party may terminate Services by written notice, which may be sent by email. No refunds will be issued for Services that have already commenced. Any outstanding fees for additional requests or revisions become payable immediately upon termination.
8. Limitation of Liability
We are not liable for any indirect, incidental, or consequential damages, including but not limited to loss of profits, data, goodwill, or business opportunities, arising out of the use of our Services. Our total liability under these Terms shall not exceed the total fees paid by you for the Services giving rise to the claim.
9. Indemnification
You agree to indemnify and hold harmless Makely, its employees, contractors, and directors against any claims, losses, damages, liabilities, or expenses, including reasonable legal fees, arising out of your use of our Services, your submitted content, or any breach of these Terms.
10. Intellectual Property
Upon full payment, you will own the final design files delivered to you. Makely retains the right to showcase completed work in our portfolio and marketing materials unless otherwise agreed in writing. Source files or editable design files are included only if specified in your package.
11. Modifications to Terms
We reserve the right to update or amend these Terms at any time. Continued use of our Services after changes are published constitutes your acceptance of the revised Terms.
12. Governing Law
These Terms are governed by and construed in accordance with the laws of England and Wales, and any disputes shall be subject to the exclusive jurisdiction of the English courts.
13. Contact Us
If you have any questions about these Terms, please contact us at: hello@makely.studio