Terms and Conditions of Service
We, MKDesignWorks, value the honesty and trust that form the foundation of our client relationships. To ensure clarity, guide our collaboration, and manage expectations, all work is governed by these Terms and Conditions between MKDesignWorks (The Agency) and you, the Customer.
Summary
We’ll always do our best to fulfil your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract, you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into agreeing to something that you might later regret. What we do want is what’s best for both parties, now and in the future.
You, the Customer, are hiring us (MKDesignWorks, a registered business in Legazpi City, Albay, Philippines) to provide Digital Marketing Services, including, but not limited to, Web Design and Development, SEO Strategy and Implementation, and Social Media Marketing (SMM) for the price displayed in a quote, proposal, or on an official invoice.
What Do Both Parties Agree to Do?
You, the Customer:
You confirm you have the authority to enter into this contract on behalf of yourself, your company, or your organization. You’ll give us everything we need (content, credentials, feedback) to complete the project as and when and in the format we require. You’ll review our work and provide feedback and approval in a timely manner. Deadlines work two ways, so you’ll also be bound by the dates we set together. You also agree to adhere to the full or partial upfront payment schedule set out on your invoice or in our proposal.
Us, MKDesignWorks:
We confirm we have the experience and ability to perform all services agreed upon professionally and efficiently. We’ll endeavour to meet every deadline that’s set, and we will maintain the confidentiality of all sensitive information you provide to us.
I. Graphic Design and Branding (Logo/Visual Assets)
Concepts: Within the timeline specified in your proposal or within 5 business days of receiving your design brief and initial payment, MKDesignWorks will design initial concepts. Upon receipt of your feedback, MKDesignWorks will make necessary changes. Should the initial concepts not meet your requirements, MKDesignWorks will provide one round of additional concepts at no extra cost.
File Delivery: After the final design is approved and your final payment is processed, the final files will be sent to you as digital files (including common vector and raster formats).
Ownership: You, the client, have ownership of the final approved design for use in any media application beneficial to your business. MKDesignWorks retains the right to use the final design, or any versions created during the process, within printed and online portfolios and promotional materials. The client also permits MKDesignWorks to use the client’s name and/or website address for promotional purposes. The client understands that it is their sole responsibility to seek a trademark or formal copyright registration for the design.
Payment & Termination: The client agrees to pay the total fee outlined. The final design belongs to MKDesignWorks until payment is made in full. In the event of contract termination before completion, MKDesignWorks retains ownership of all concepts and designs created up to that point.
Originality: MKDesignWorks affirms that our designs are, to the best of our knowledge, original and that the rights granted do not conflict with any other agreement.
II. Web Design and Development
Client Agreement: You agree to provide us with everything necessary to complete the project, including the logo, text, images, hosting credentials, feedback, and any other information we request as we need it, and in the format we require. You agree to adhere to the payment schedule outlined in this agreement.
MKDesignWorks Liability: We will carry out our work in a professional and timely manner. We cannot be held responsible for a missed website launch date or deadline if you have not provided all content and/or revisions on time.
Timeline: Our estimated completion time for your website will be outlined in your specific proposal. We commence work after receiving all necessary project information and the non-refundable initial deposit of 50%.
Error Review: We provide you with a 7-day window from the date of website migration to your hosting for error review. This covers errors that occurred during migration or development, not new revisions. Errors found after 7 days will be charged at our regular hourly rate of PHP 2,500 / USD $50.
Migration & Hosting: We require full payment of the remaining balance before migrating your website onto your hosting. You have a maximum of 30 days from project completion to provide us with your hosting/domain information. If this information is not provided, the website may be removed from our server without notice.
Content: We are not responsible for writing or inputting text copy unless a separate content creation estimate is provided and agreed upon. You must supply all graphic files in high-resolution digital format, and you guarantee you have the legal right to use all content provided.
Quotation & Additional Billable Time: The price quote is based on the items discussed and agreed upon in the proposal. Items not discussed are not included. Additional billable time will be incurred at our hourly rate of PHP 2,500 / USD $50 for unagreed-upon scope changes.
Revisions: The number of revisions will be specified in the project proposal. If no set number is agreed upon, revisions will not exceed 10% of the total budget for web development time. You will be notified before proceeding with any revisions that incur additional charges.
Exclusive Design Credit: We reserve the right to apply the text “Designed by MKDesignWorks” to your website. If you wish to remove this credit, a removal fee of PHP 5,500 / USD $80 applies.
III. Digital Marketing Services (SEO and SMM)
Service Scope: The specific services, deliverables, KPIs (Key Performance Indicators), and reporting schedule for SEO and Social Media Marketing will be clearly defined and limited to the scope outlined in your monthly retainer agreement or project proposal.
Performance & Guarantees: MKDesignWorks guarantees the deployment of a strategic, data-driven methodology based on international best practices. We do not and cannot guarantee specific numerical outcomes (e.g., exact search rankings, specific lead numbers, or revenue targets) due to the variable nature of search engine algorithms, competitor actions, and market dynamics. We guarantee our effort, expertise, and dedication to maximizing your ROI.
Client Cooperation: You agree to grant necessary access to all required platforms (Google Analytics, Search Console, social media accounts, website backend) to enable effective implementation and measurement of the services. Delays in providing access will impact performance timelines.
IV. General Terms and Liability
Delays: Illness, injury, or other events beyond MKDesignWorks’ control (Acts of God, governmental action, internet service failure) may result in an unpredictable delay in project completion.
Payment Schedule: This agreement is non-transferable. The initial deposit is non-refundable. You are accountable for the full balance of your contract, regardless of whether you decide to terminate the project early.
Copyrights: When your final payment has cleared, you will own the visual elements we created for the project. MKDesignWorks reserves the right to display and link to your project as part of our portfolio.
Liability: MKDesignWorks accepts no liability for your sales, revenue, and/or the financial success of your website or business, directly, indirectly, or consequentially. We cannot guarantee our work will be error-free and cannot be liable to you or any third party for damages, including lost profits or lost savings, even if you’ve advised us of them.
Governing Law: Although the language is simple, the intentions are serious, and this contract is a legally binding document under the exclusive jurisdiction of the courts of Legazpi City, Albay, Philippines.
Note: Before you confirm your agreement to these terms, please make sure you understand all of the above agreements. Should you have any questions or concerns regarding these terms, please contact us before advising us of acceptance.