Marvelous Design
Marvelous Design
Last updated: March 26, 2026
These Creative Services Terms & Conditions outline the scope, process, and responsibilities for all work performed by Marvelous Design. By engaging our services, the Client agrees to the terms defined in this Agreement and all associated project documents.
These Terms & Conditions govern all services provided by Marvelous Design and shall take precedence over any other or additional terms. Additional terms may be accepted provided they do not conflict with these Terms & Conditions. In the event of any conflict, these Terms & Conditions shall prevail.
The scope of the project and the final cost can only be determined after an initial consultation and assessment of the Client’s objectives have been completed. Any amount of time spent consulting the Client, conducting research or preparing items to be presented to the Client including, but not limited to contracts and agreements, creative briefs, proposals, site maps, content documents, sketches, mock-ups, design proofs, or any other items will be billed at Marvelous Design’s hourly rate in addition to any expenses incurred while conducting the aforementioned including, but not limited to printing, illustration, photography, travel, models, props, messengers, and telephone. Once the scope of the project and the final cost has been determined the Client may choose to proceed with development, in which case the consultation fees will be consolidated and reflected in the final cost. If for any reason the Client chooses not to proceed with development or remains out of contact with Marvelous Design without notice for more than fifteen (15) days, Marvelous Design will invoice the Client pro rata for time and expenses.
If the Client fails to provide required materials, feedback, or approvals within a reasonable timeframe, Marvelous Design reserves the right to pause the project and adjust the schedule accordingly. Delays caused by the Client may result in additional costs. If the Client remains unresponsive for a period of fifteen (15) days or more, the engagement may be considered abandoned. In such cases, Marvelous Design reserves the right to invoice for all work completed to date, along with any time and resources allocated to the engagement. Resumption of work shall be subject to availability and may require a revised schedule and additional fees. A project resume fee will be applied for reengagement on abandoned projects. This provision applies only to delays caused by the Client and does not apply to delays attributable to Marvelous Design.
This agreement requires that the project will progress according to the Project Schedule set forth in the Proposal or Statement of Work and completed by the agreed upon deadline which is contingent upon timely payment, feedback and contributions by the Client. The Client agrees to provide all necessary references, layouts, or specifications to Marvelous Design within three (3) days of signing any Proposal, Statement of Work, Change Request or Service Agreement unless otherwise stated in the Project Schedule. Marvelous Design agrees to produce all mock-ups, revisions, responses and design elements described in the Proposal in a timely manner. The schedule may be adjusted due to any delays in Client response or any other unforeseen event that may temporarily prevent Marvelous Design.
Client agrees to reimburse Marvelous Design for all expenses of production as well as related expenses including but not limited to printing, illustration, photography, video production, travel, models, props, stock media, software subscriptions, plugins, messengers, and telephone. All expenses incurred during the facilitation of such assets shall be marked up thirty-three (33) per cent by Marvelous Design when billed to the Client. Marvelous Design may require the Client to pay the cost of these expenses up front before proceeding with a purchase.
The total cost for the provided services will be specified in the Proposal or Statement of Work or Change Request or Service Agreement. Upon approval of the conditions of engagement, Marvelous Design shall issue an invoice for a fifty (50) per cent retainer fee prior to any work being started unless otherwise stated in the project terms, in which case a payment schedule may be constructed. The Client agrees to pay all fees within thirty days of the date of being invoiced by Marvelous Design. The final project invoice will be issued thirty (30) days before scheduled delivery. Final project delivery is not released until full payment is received. In the event work is postponed at the request of the Client, Marvelous Design shall have the right to bill pro rata for work completed through the date of that request, while reserving all other rights. Marvelous Design reserves the right to withhold any work, be it finished or unfinished, in matters of discrepancy involving delinquent payment or contractual obligation. Outstanding balances are subject to interest at a rate of 2% per month, compounded daily, from the due date until paid in full. Any payments not received within ninety (90) days of invoicing will be submitted to a collection agency with accrued interest.
All concepts, mockups, and preview materials are provided for illustrative purposes only. Final deliverables may differ from initial presentations due to artistic interpretation, technical constraints, and the nature of the creative process. The Client agrees to engage in the revision process to address any concerns or requested changes. No disputes shall be raised regarding differences between previews and final deliverables until the agreed-upon revision process has been completed.
The Client is permitted two complementary sets of changes for the project unless otherwise stated within the project Proposal or Statement of Work. If further revisions are required, a Change Request tab will be opened for the project to track any additional time and materials for extra billing. The Client will not be charged to resolve any changes due to an error on the part of Marvelous Design. All revisions must be communicated in written form.
Marvelous Design warrants that all digital deliverables will be free from material defects in functionality for a period of ninety (90) days following launch. During this period, Marvelous Design will correct any such issues at no additional cost to the Client. This warranty applies only to digital applications. No warranty is provided for print, graphic design, or other static deliverables, as such materials are subject to Client review and approval prior to final production. This warranty does not apply to any issues arising from content population, configuration changes, or modifications made by the Client or any third party. Marvelous Design does not warrant or guarantee the performance, availability, or reliability of any third-party applications, integrations, or services. Except as expressly stated herein, no other warranties are provided, whether express or implied.
Marvelous Design may rely on third-party services, platforms, software, and integrations to deliver its services. Marvelous Design shall not be held liable for any disruption, error, delay, or failure caused by such third-party services, including but not limited to hosting providers, plugins, APIs, payment processors, or external platforms. The Client acknowledges that the performance, availability, and reliability of third-party services are outside the control of Marvelous Design.
Client shall proofread and edit all assets prior to delivery to Marvelous Design, and any additional work due to corrections of such assets, file conversions, or scanning of text or images shall be billed in addition to the fee specified in the project Proposal or Statement of Work.
Marvelous Design will not at any time or in any manner, directly or indirectly, use for the personal benefit of Marvelous Design, or divulge, disclose, or communicate in any manner, any information that is proprietary to the Client. Marvelous Design will protect such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this Agreement. Confidentiality does not apply to any artwork that is made public by the Client.
Marvelous Design shall retain all intellectual property (IP) rights to any creative work, designs, concepts, or materials (“Deliverables”) developed or produced for the Client. The Client shall have a non-exclusive license to use the Deliverables for the purposes and in the mediums explicitly outlined in the project scope and agreement.
The Client acknowledges and agrees that Marvelous Design shall have the right to use the Deliverables, in part or in full, for its self-promotional purposes, including but not limited to, portfolio displays, case studies, awards submissions, and online marketing materials, without requiring additional permission or compensation.
If the Client desires exclusive usage rights to the Deliverables, they shall enter into a separate negotiation with Marvelous Design. Exclusive rights can be acquired for a negotiated fee, subject to the terms agreed upon by both parties. The negotiation process shall be conducted in good faith, and the specific terms of the exclusive rights shall be detailed in a separate agreement.
Any transfer of exclusive usage rights shall be in writing and signed by authorized representatives of both parties. Until such a written agreement is reached, Marvelous Design shall retain full ownership and control over the Deliverables, and the Client’s non-exclusive license shall remain in effect.
In the event of any dispute concerning intellectual property rights, both parties agree to resolve the matter through amicable negotiations. If a resolution cannot be reached, the parties shall seek mediation or arbitration to settle the dispute, as per the terms outlined in the main contract between the Client and Marvelous Design.
This clause shall be an integral part of the main contract between the Client and Marvelous Design and shall supersede any conflicting provisions. This grant of rights does not apply to artwork created by Marvelous Design or third-party used within or as part of any artwork. Such elements may not be extracted or reused in any manner without proper consent by Marvelous Design.
The ownership of removable electronic storage media and of original artwork, including but not limited to sketches and any other materials created in the process of making the artwork as well as illustrations or photographic materials such as transparencies, shall remain with Marvelous Design for a period of two (2) months after which they will be destroyed or delivered upon request.
The Client shall not modify, reproduce, distribute, or sublicense the Deliverables beyond the scope of the agreed-upon usage without obtaining prior written consent from Marvelous Design.
Any branding or water marks incorporated into the design for the purpose of identifying Marvelous Design as the creator of said artwork shall not be removed under any circumstances.
In the event of cancellation, Marvelous Design shall be compensated for the Services performed through the date of termination in the amount of (a) any advance payment, (b) a prorated portion of the fees due, or (c) hourly fees for work performed by Marvelous Design or Marvelous Design’s agents as of the date of termination, whichever is greater; and Client shall pay all Expenses, fees, out of pockets together with any Additional Costs incurred through and up to the date of cancellation. In addition, Marvelous Design will charge an early termination fee equal to the amount of thirty-five (35) percent of the total engagement budget. Marvelous Design shall own all rights to any creative and production files. Billing upon cancellation shall be due immediately upon the Client’s notification to stop work or the delivery of the work, whichever occurs first.
The Client agrees to indemnify and hold Marvelous Design harmless against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the artwork at the request of the Client for which no copyright permission or privacy release was requested or uses which exceed the uses allowed pursuant to a permission of release.
To the fullest extent permitted by law, Marvelous Design’s total liability arising out of or related to the services provided shall be limited to the total fees paid by the Client under the applicable Proposal, Statement of Work, or Service Agreement. In no event shall Marvelous Design be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of revenue, loss of profits, or business interruption.
Marvelous Design shall not be held liable for any delay or failure to perform resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, illness, labour disputes, internet outages, hosting or server failures, third-party service disruptions, or governmental actions. In such events, any affected timelines or obligations shall be reasonably extended for the duration of the delay.
This Agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives. This Agreement constitutes the entire understanding between the parties. Its terms can be modified only by an instrument in writing signed by both parties, except that the Client may authorize expenses or revisions via email. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof.