Terms and Conditions.

These Terms govern use of martiel.studio and provide the general framework for design and development services supplied by Martiel Studio (“we,” “our,” or “us”). A project begins only when the parties agree to a proposal, statement of work, contract, or other written project confirmation.

These Terms are primarily intended for business clients. They do not limit any mandatory rights that cannot lawfully be excluded, including applicable consumer rights.

1. Website use

Website content is provided for general information and to present our work. You may browse and share links to the site, but may not copy, republish, scrape, misrepresent, or commercially exploit its content without permission.

Sending an inquiry or booking a call does not create a client relationship, reserve availability, or require either party to proceed with a project.

2. Services and project agreements

We provide services including product direction, brand and visual identity, UX/UI and web design, prototyping, web and product development, launch support, and related consulting.

Every project is defined separately. The project agreement should identify the scope, deliverables, timeline, fees, payment schedule, revision allowance, responsibilities, and any support or maintenance included.

If a project agreement conflicts with these Terms, the project agreement controls for that project.

3. Proposals, fees, and payment

• Pricing is set per project based on scope and complexity.
• Proposals remain valid for the period stated in the proposal and may be revised afterward.
• We may require a deposit and milestone payments before work begins or continues.
• Taxes, transaction fees, licenses, hosting, domains, fonts, stock assets, and third-party subscriptions are excluded unless expressly included.
• We may pause work and withhold unpublished deliverables, deployment, or rights transfer while an invoice is overdue.

Payment deadlines, currencies, late charges, and deposit terms are specified in the relevant project agreement or invoice.

4. Timelines and client responsibilities

The client is responsible for:

• Providing accurate content, assets, access, decisions, and feedback when reasonably requested.
• Appointing a person authorized to provide approvals and consolidated feedback.
• Reviewing deliverables and testing relevant functionality within agreed review periods.
• Ensuring client-supplied content and instructions are lawful and do not infringe third-party rights.

Timelines depend on timely cooperation. Client delays, new dependencies, or delayed third-party access may move delivery dates and may require a revised estimate or schedule.

5. Revisions and changes in scope

Included revision rounds are defined in the project agreement. A revision refines an agreed direction; a new direction, feature, deliverable, or requirement is a change in scope.

Out-of-scope work will be estimated separately and begins only after written approval. Approved changes may affect fees and timing.

6. Intellectual property

Until all applicable invoices are paid, drafts and deliverables remain ours. After full payment, the client receives the ownership or usage rights to the final bespoke deliverables described in the project agreement.

We retain ownership of our pre-existing materials, working methods, concepts not selected, reusable systems, generic code, utilities, know-how, and internal tools (“background materials”). Where background materials are necessary to use a final deliverable, the client receives a continuing license to use them as part of that deliverable.

Editable source files, design working files, repositories, and unused concepts are included only when the project agreement says so. Third-party assets remain subject to their own licenses.

7. Client materials

The client keeps ownership of materials it provides and grants us permission to use them for the project. The client confirms it has the rights and permissions needed for us to use those materials as instructed.

We are not responsible for claims arising from client-provided content, data, trademarks, instructions, or materials, except to the extent caused by our unauthorized use.

8. Third-party services

Projects may depend on third-party services such as hosting, domains, APIs, app stores, fonts, payment providers, plugins, or open-source software. Those services are governed by their own terms, availability, pricing, and licenses.

Unless agreed otherwise, the client is responsible for its third-party accounts and ongoing charges. We are not responsible for a third party's outage, policy change, rejection, security incident, or discontinued service, but we will reasonably assist with issues within the agreed scope.

This website also relies on third-party infrastructure for hosting, privacy-focused analytics, performance measurement, scheduling, email delivery, and spam prevention. Their processing of website visitor data is described in our Privacy Policy.

9. Delivery, testing, and maintenance

We test deliverables against the agreed requirements and supported environments. The client must review and report reproducible issues during any acceptance or warranty period stated in the project agreement.

Ongoing maintenance, content updates, hosting administration, security monitoring, backups, compatibility with future platform changes, and new features are not included after delivery unless expressly agreed.

10. Confidentiality and collaborators

Each party will protect non-public information identified as confidential or reasonably understood to be confidential and use it only for the project. This does not cover information that is public through no breach, already lawfully known, independently developed, or lawfully received from another source.

We may work with trusted employees, independent collaborators, and specialist providers. We remain responsible for managing our work and require appropriate confidentiality and data protection commitments where they receive protected information.

11. Portfolio use

Unless the project agreement or a confidentiality obligation says otherwise, after a project is publicly launched we may identify the client and display non-confidential final work in our portfolio, case studies, social channels, and award submissions. We will respect agreed launch dates and written restrictions.

12. Cancellation and termination

Either party may terminate a project as allowed by the project agreement or after a material breach that is not corrected within a reasonable written cure period. The client must pay for work completed, approved third-party costs, and reserved time that is non-cancellable under the project agreement.

Deposits are applied to reserved capacity and completed work and are refundable only where the project agreement or mandatory law requires it. On termination, rights transfer only for paid deliverables identified for release.

13. Warranties and liability

We will perform agreed services with reasonable professional care. We do not guarantee a particular commercial result, conversion rate, ranking, revenue level, uninterrupted third-party service, or error-free operation in every future environment.

To the fullest extent permitted by law, neither party is liable for indirect or consequential loss, lost profit, lost revenue, lost opportunity, or loss of data. Our aggregate liability arising from a project will not exceed the fees paid to us for that project during the 12 months preceding the claim.

Nothing in these Terms excludes liability that cannot lawfully be excluded or limited, including liability for fraud, wilful misconduct, or other mandatory statutory liability.

14. Privacy

We handle personal data as described in our Privacy Policy. If a project requires us to process personal data on the client's behalf, the parties may need a separate data processing agreement before that processing begins.

15. Governing law and general terms

These Terms are governed by the laws of the Republic of Serbia, without prejudice to mandatory protections that apply under other law. Courts with jurisdiction in Serbia will hear disputes unless the project agreement requires another forum.

If one provision is unenforceable, the remaining provisions continue in effect. A failure to enforce a provision is not a waiver. Neither party may assign a project agreement without consent, except as part of a lawful business reorganization or transfer where the successor assumes the relevant obligations.

16. Changes and contact

We may update these website Terms prospectively by publishing a new effective date. Changes do not alter an existing signed project agreement unless both parties agree in writing.

Questions about these Terms can be sent to hello@martiel.studio.