Fulfillment Policy
ML Enterprises Ltd. T/A Maxine Love (“we,” “us,” or “our”) is committed to providing quality design and marketing services. By engaging with us for services, you agree to the following terms.
1. Project Agreement / Statement of Work (SOW)
The scope, deliverables, timelines, and fees for your project will be detailed either through an email conversation, phone call, proposal, estimate, or a formal project agreement. This communication serves as the Statement of Work (SOW) and outlines the specifics of the services to be provided. By proceeding with payment or confirmation of work, you accept the terms laid out in the SOW.
For clarity, the SOW defines services, deliverables, exclusions, assumptions, timelines, revision limits, and fees as agreed in your estimate/proposal and confirmed correspondence.
2. Fulfillment and Deliverables
We are committed to delivering the project as outlined in the SOW. Any changes to the agreed scope must be documented in writing and may incur additional costs. We aim to meet all deadlines; however, delays due to unforeseen circumstances will be communicated promptly. We reserve the right to extend delivery timelines if client feedback, input, or revisions are delayed beyond the agreed timeline.
3. Payment Terms
Our standard payment structures are as follows:
- For Larger Projects: Usually require 50% deposit upfront, with the remaining balance due upon project completion. Payment must be cleared before the final deliverables are handed over.
- For Smaller Ad-hoc Projects: These are typically billed in full either before or after the project’s completion, depending on the nature of the service.
Custom payment plans may be available for larger projects and can be discussed on a case-by-case basis. Please note that work on any project will only begin once the initial payment has been received.
4. Payment Methods
We accept payments via bank transfer, credit card, or other agreed-upon payment methods. Any payment processing fees incurred (e.g., PayPal or international transfers) will be the responsibility of the client. Please refer to the next section for details on handling payment-related fees.
5. Payment Transfer Fees
All payment transfer fees, including admin fees, wire transfer charges, or intermediary deductions, must be covered by the client. Payments must ensure the total invoiced amount is received in full. Any discrepancies due to fees may delay project commencement or delivery.
6. Refund Policy
Due to the custom nature of our work, refunds are not offered once work has begun. If a project is cancelled prior to any work commencing, a refund of any deposit paid will be issued minus any administrative fees. If a project is cancelled midway, all work completed up to the point of cancellation will be billed and payable. Any remaining balance will not be refunded.
7. Revisions and Feedback
We include a set number of revision rounds as part of our standard project agreement—typically two to three rounds, depending on the scope of the project (as confirmed in the quote/SOW). Additional revisions, changes, or requests beyond the included rounds may incur additional fees.
We require timely, consolidated feedback from the Client in order to meet agreed timelines. The Designer is not responsible for delays caused by the Client, and any timelines originally provided (and agreed upon in the quote/estimate) are automatically extended by the length of the delay.
7.1 Invoice Due Trigger (Client Delays / Revisions Used)
A project will trigger immediate invoicing (i.e., any outstanding balance becomes due) if either of the following occurs:
- Revision limit reached: The included revision rounds (as agreed in the quote/SOW) have been fully used, or
Client delay: The Client does not respond, provide feedback, approvals, or required content/materials for 60 calendar days (unless otherwise agreed in writing) after the last delivery or request for input (even if the Client has not finalised internal changes, approvals, or inputs).
Once this trigger occurs:
Any outstanding invoice(s) become immediately due and payable.
Any further updates, revisions, rework, support, or continuation will be billed at the Designer’s standard hourly rate, or may require a revised scope and quotation, depending on what is required.
8. Project Completion
Upon receipt of the final payment, ownership of the final deliverables (the exported/compiled website output and approved design assets in the formats agreed in the SOW) transfers to the client. Working/source files, internal templates, and pre-existing tools or libraries remain the property of ML Enterprises Ltd. T/A Maxine Love. Source files can be licensed or provided at additional cost if required.
8.1 Definitions (clarity)
For the purposes of this policy:
“Final Deliverables” means the final, approved outputs listed in the SOW and supplied to the client upon full payment.
“Working Files” means drafts, concepts, mockups, option sets, unused designs, iterations, exploratory directions, and editable/source files (e.g., Adobe, Figma, Canva working files), unless specifically listed as a deliverable.
8.2 Ownership of Final Deliverables vs Working Files
Upon receipt of final payment, ownership/licence of use transfers to the Client for the Final Deliverables only, as defined in the SOW. All Working Files and any concepts/options not selected remain the property of ML Enterprises Ltd. T/A Maxine Love, unless otherwise agreed in writing.
8.3 Restrictions on Use of Concepts & Non-Final Work
The Client may not use, reproduce, modify, share, resell, or instruct any third party to recreate any concepts, drafts, layouts, visual directions, or designs presented during the project that are not included in the Final Deliverables, unless agreed in writing and paid for accordingly.
8.4 Third-Party Development / Handover (Web + Design Projects)
If the Client wishes to have a third party implement, rebuild, or continue the project (e.g., a new developer building a website based on the Designer’s layouts), this must be agreed in writing. Where applicable, the Designer can provide a handover package (e.g., design files, specs, exports, brand assets, guidelines, documentation) as an additional deliverable and may charge a separate fee for preparation, organisation, and support.
Without a written agreement and relevant handover deliverables, the Client is not authorised to transfer or use the Designer’s non-delivered design materials for third-party replication.
8.5 Reuse by Designer
The Designer may reuse, adapt, or repurpose non-selected concepts and unused working elements for other projects. Where a reused concept has similarities in style to the Client’s Final Deliverables, the Designer will reasonably adapt and refine it to avoid confusion or conflict.
8.6 Third-Party Assets & Licensing (Fonts/Stock/Plugins)
Any third-party fonts, stock imagery, plugins, templates, or assets used remain subject to their respective licences. The Client is responsible for obtaining any required licences for ongoing or expanded use (e.g., using a font on a website, in documents, or in editable templates), unless the SOW states otherwise.
9. Client Confidentiality
At Maxine Love, we prioritise the confidentiality of our client’s information. It goes without saying that your business and project details are kept confidential. If required, we are happy to sign a Non-Disclosure Agreement (NDA) to ensure that all sensitive information remains protected.
10. Limitations of Liability
While we strive for perfection, we do not guarantee that the project outcomes will meet specific business goals, including increased revenue or visibility. We are not liable for any indirect, special, or consequential damages arising from the use of our services. Our total aggregate liability for any claim is limited to the fees paid for the specific services giving rise to the claim.
11. Publicity & Portfolio Use
Unless otherwise agreed in writing or subject to an NDA, ML Enterprises Ltd. may showcase the project (client name, logo, screenshots, and public URLs) in our portfolio, website, social channels, credentials, and award submissions. Clients may opt out at any time via written notice.