Ubuntu Graphix LLC — Master Service Terms & Refund Policy

Effective: September 2025

Quick Summary (non-binding)

No refunds. All deposits are final and non-refundable.
Milestones are non-refundable once work is delivered or made available for review.
Client may terminate at will by written notice; amounts paid remain with Ubuntu Graphix; unpaid work performed becomes due.
Abandonment: 30 days of client inactivity may close the project; reactivation fee applies.
IP transfers to client after full payment clears.
Monthly retainers are prepaid and non-refundable and renew until canceled with notice.
We comply with any non-waivable consumer-law rights that apply.

1) Definitions

“Client” means the purchaser of services/products. “SOW” means a written scope of work, estimate, proposal, or order form. “Deliverables” means the work products identified in the SOW.

2) Scope & Priority

These Terms govern all services. Each SOW/addendum adds specifics; if there’s a conflict, the SOW/addendum controls for that service, then these Terms.

3) Fees, Deposits & Payment

3.1 Deposits (Non-Refundable). A deposit is due to reserve studio time and commence work; all deposits are final.
3.2 Milestones. Each milestone payment is non-refundable once the related work is delivered or made available (e.g., proofs, links, staging site, assets).
3.3 Invoicing. Invoices are due upon receipt unless stated otherwise. Late balances may incur 1.5% per month (or the legal maximum) plus collection costs.
3.4 Taxes/Fees. Client is responsible for sales/VAT/GST, wire/processing, and foreign transaction fees. Payment processor fees from the original transaction are not refundable.

4) No-Refund Policy (All Services & Digital Products)

4.1 Custom Services. Due to time/labor allocation and the creative nature of our work, all payments—including deposits—are non-refundable as amounts become due per the SOW.
4.2 Digital Products. All digital downloads/templates/courses are non-refundable once purchased.
4.3 Chargebacks. Filing a chargeback is a material breach. Client must first notify us and allow 10 business days to resolve billing disputes.
Consumer-law carve-out: Nothing here limits any non-waivable legal right to a remedy for a defective service we fail to cure within a reasonable period after notice.

5) Revisions, Change Requests & Out-of-Scope

Included revisions are defined in the applicable addendum/SOW. New requests or material changes trigger a change order and additional fees at current rates. Missed or delayed feedback may push timelines and require rescheduling fees.

6) Client Responsibilities

Provide timely content, access, approvals, and a single point of contact. Client represents they own/hold licenses to all materials they provide and will indemnify Ubuntu Graphix against third-party claims arising from those materials.

7) Timelines, Delays & Abandonment

We schedule projects on calendar availability; timelines are estimates. If Client is inactive or unresponsive for 30 consecutive days, we may deem the project abandoned: we’ll close the project, retain all amounts paid, and release the time. Reactivation requires a new schedule plus a reactivation fee.

8) Acceptance of Deliverables

Unless otherwise stated, Client has 5 business days after delivery to request reasonable corrections within the included revision scope. If no request is received, the Deliverable is deemed accepted.

9) Intellectual Property & Portfolio

9.1 Ownership. We retain all IP in concepts, drafts, and working files. Upon final payment in full, Client receives ownership/license to the final approved deliverables only as detailed in the relevant addendum; unused concepts remain our IP.
9.2 Third-Party Assets. Fonts, stock, plugins, and libraries carry their own licenses and may require separate purchase by Client.
9.3 Portfolio Use. We may display the work for self-promotion unless Client notifies us in writing before signing the SOW (reasonable embargoes may be agreed).

10) Confidentiality & Data

We keep Client non-public information confidential and use it only to perform the services. We do not warrant security of third-party platforms selected or required by Client.

11) Warranties & Disclaimers

Services are provided “as-is.” We do not guarantee specific business outcomes (traffic, rankings, sales, followers, etc.). For web projects, we warrant that on hand-off the site substantially performs as described in the SOW in current versions of major browsers and mobile OSs, subject to addendum terms.

12) Limitation of Liability

To the maximum extent permitted by law, our total liability for any claim is limited to the amount Client paid to Ubuntu Graphix for the specific SOW giving rise to the claim, and we are not liable for indirect, incidental, special, or consequential damages.

13) Indemnity

Client will indemnify and hold harmless Ubuntu Graphix from claims, damages, and costs (including reasonable legal fees) arising from Client materials, directions, or misuse of deliverables.

14) Term & Termination

14.1 At-Will (Client). Client may terminate any time with written notice. All amounts paid remain with Ubuntu Graphix; any unpaid work performed to date becomes immediately due.
14.2 For Cause (Either Party). Either may terminate for material breach if uncured after 10 business days written notice.
14.3 Kill-Fee Schedule. If Client terminates:

After Discovery/Strategy delivery: 50% of total project minimum due (deposit counts toward this);
After First Draft/Prototype: 75% due;
After final build/files are ready or within 10 days of scheduled launch: 100% due.
14.4 Handover. On termination, we may provide work-to-date deliverables upon payment of all amounts due (subject to IP terms).

15) Force Majeure

Neither party is liable for delays beyond reasonable control (e.g., outages, platform changes, strikes, illness, acts of God).

16) Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Tennessee, USA. Venue: Davidson County, Tennessee. The parties will first attempt to resolve disputes informally; if unresolved, claims may be brought in the courts of the stated venue or in small-claims where appropriate.

17) Miscellaneous & Updates

Entire agreement (Terms + SOW/addenda), severability, no assignment without consent (except to affiliates/successors), notices via email to addresses on the SOW, and updates posted to our website apply to future SOWs unless otherwise agreed. We may update these Terms for future engagements; the version attached to your SOW controls that engagement.

Service Addenda

A) Logo & Brand Identity

Deliverables: number of concepts, included revision rounds, final file types (SVG, EPS, PDF, PNG, color/mono/knockout) as listed in the SOW.
Revisions: e.g., up to 2 rounds included; extra rounds billed separately.
Ownership: After final payment, Client receives ownership of the final approved logo/marks only; unused concepts remain Ubuntu Graphix IP. Trademark clearance/filings are Client’s responsibility.

B) Brand Kit (Guidelines & Assets)

Deliverables may include typography, color palette, usage rules, social templates, stationery, and mockups per SOW.
Edits: 1–2 rounds included; extras billed.
Licenses: commercial fonts/stock require separate client licenses.

C) Web Design & Development

Process: Discovery → Wireframes/Design → Build/Staging → Content Load → QA/Accessibility Review (WCAG-informed, not a certification) → Launch.
Client Content & Access: Client supplies copy, images, brand assets, and approvals.
Browser/Device Support: current versions of Chrome, Safari, Firefox, Edge; responsive layouts for standard breakpoints.
Exclusions: legacy browsers, custom accessibility audits/certifications, custom integrations not listed, paid plugins/themes, hosting/domains/email.
Platform Changes: if a CMS/platform update breaks functionality, remediation is billable.
Launch: final milestone(s) must clear before DNS go-live/file hand-off.
Post-Launch Warranty: 30-day bug-fix for defects we introduced (excludes new features, content changes, platform/plugin conflicts, third-party edits).
Training if included is limited to the defined CMS scope.
Backups/Hosting: Client responsible unless covered by Monthly Web Management.

D) Branding Consults / Strategy Sessions

Booking & Payment: prepaid and non-refundable.
Rescheduling: one reschedule with 24-hour notice; missed/no-shows are forfeited.
Outputs: per SOW.

E) Monthly Web Management & Support (SLA)

Model: prepaid, non-refundable monthly retainer.
Typical Scope: core/CMS updates, plugin/theme updates, uptime/security monitoring, scheduled backups, minor content edits (tasks ≤30 minutes), basic performance checks; exact scope per SOW.
Not Included: new features, redesigns, marketing/SEO, copywriting, complex integrations, paid licenses.
Hours & Rollover: monthly cap; unused time does not roll over.
Overage: billed at standard rates with client approval.
SLA Targets (business hours): Critical site down—first response 2–4 business hours; High—1 business day; Normal—2–3 business days.
Cancellation: 30-day written notice prior to renewal.
Access: Client must provide admin credentials.

F) Social Media / Content (if applicable)

Scope: content plan, creative production, scheduling/posting as per SOW.
Approvals required per cadence; delays shift schedules.
Platform Rules: algorithms/reach/policies are outside our control and results are not guaranteed.
Music/Asset Rights: Client is responsible for rights on any music/media they request we use.

G) Digital Products (Shop, Courses, Templates)

All sales are final. Access is for the purchaser only; redistribution is prohibited.
Tech Support: reasonable best-effort support for access issues during 7 days after purchase.

Additional Information

Policy Changes. Ubuntu Graphix reserves the right to update or modify this policy at any time for future engagements.
Fair Usage. We strive to ensure a fair and transparent process for both customers and the business. By making a purchase on ubuntugraphix.com, you acknowledge and agree to these Terms and this Returns & Refunds Policy.

Contact

For questions about these Terms or your SOW, contact hello@ubuntugraphix.com.