Terms of service

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 complete payment in full for your chosen package. After payment, we will contact you using the email provided at checkout to schedule a kickoff call, or you may book this directly using our scheduling link. This call allows us to align on your goals and scope before work begins. Services are provided on a package basis, as described on our website. Each package specifies the number of weekly async design updates included. An “update” represents progress on your current design task, shared via Slack or email. You can submit feedback asynchronously, which will be incorporated into the next scheduled update. 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.

2. Process and Delivery
‍Work begins once payment has been received and either a kickoff call has taken place or sufficient requirements have been agreed via email or Slack. We aim to deliver a first version of your design within 72 business hours (Monday–Friday) of kickoff. 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 business hours (excluding weekends and UK public holidays) after the kickoff (via call or written requirements). 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 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 business hours.

4. Refunds and Cancellations
You may cancel and request a full refund any time before the first design iteration has been delivered. Once work on your initial request begins, or a first version of any deliverable has been provided, all payments become non-refundable. Due to the high-quality and time-intensive nature of design work, no refunds are available after the first iteration is delivered or for any completed design deliverables. You may pause or cancel your subscription at any time before the next billing cycle. Cancellations take effect at the end of the current billing period, and no further charges will be applied thereafter.

5. Fair Use of Packages
Each update task should be clear, specific, and reasonably scoped to fit within the package purchased. Broad or unrelated tasks (e.g., “design my full app”) may be split into multiple updates or require an upgrade. We reserve the right to determine whether a task fits within fair use and adjust timelines accordingly.

6. Package Expiry and Rollovers
Weekly updates included in your package must be used during the active subscription period. Unused updates do not roll over when your subscription renews or pauses. You may pause, upgrade, or cancel your plan anytime, and any remaining unused time will resume upon reactivation.

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

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