Terms of Service

Introduction

Welcome to UpSunday. These Terms set out the rules and expectations for using our website and engaging our design and development services. They form a binding agreement between you and UpSunday, so please read them carefully. If anything is unclear, reach out to us at legal@upsunday.co before using our site or commissioning work.

1. Acceptance of Terms

By accessing this website, commissioning a project, or signing a proposal or statement of work with UpSunday, you confirm that you have read, understood, and agree to be bound by these Terms together with any project-specific agreement. Where a signed statement of work conflicts with these Terms, the statement of work controls.

2. Our Services

UpSunday is a design and technology studio offering brand identity, web design, front-end development, motion, and related creative services. The specific scope, deliverables, timeline, and fees for any engagement are defined in a separate proposal or statement of work agreed between you and UpSunday.

We may engage trusted subcontractors or third-party tools to deliver parts of an engagement. We remain responsible for the work delivered under our name.

3. Client Responsibilities

You agree to:

• provide accurate, complete information and materials needed for the work;
• review deliverables and supply feedback within the timeframes we agree;
• ensure you hold the rights to any content, fonts, or assets you supply to us; and
• make payments in accordance with the agreed schedule.

Delays in feedback, approvals, or the delivery of required materials may shift project timelines accordingly.

4. Fees & Payment

Fees are set out in your proposal or statement of work. Unless stated otherwise, a deposit is due before work begins, with remaining balances invoiced at the milestones described in that document. Invoices are payable within fourteen (14) days of issue. Late payments may pause active work and accrue interest where permitted by law.

5. Revisions & Scope

Each engagement includes the number of revision rounds stated in the statement of work. Work requested beyond the agreed scope — including additional pages, features, or revision rounds — will be quoted and billed separately as a change request before it is undertaken.

6. Intellectual Property

Upon receipt of full payment, UpSunday assigns to you the rights to the final deliverables created specifically for your project, except for: (a) third-party assets, fonts, plugins, and stock licensed under their own terms; and (b) UpSunday's pre-existing tools, frameworks, and know-how, which we retain and may reuse.

Until full payment is received, all deliverables remain the property of UpSunday. We may display completed work in our portfolio and marketing materials unless we agree otherwise in writing.

7. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other in connection with an engagement, and to use it only for the purpose of delivering the project. This obligation does not apply to information that is or becomes public through no fault of the receiving party, or that must be disclosed by law.

8. Warranties & Disclaimers

We deliver our services with reasonable skill and care. Except as expressly stated, our services and this website are provided "as is" without warranties of any kind, whether express or implied, including fitness for a particular purpose. We do not warrant that the website will be uninterrupted or error-free.

9. Limitation of Liability

To the fullest extent permitted by law, UpSunday's total liability arising out of or related to an engagement will not exceed the fees paid by you for that engagement. UpSunday will not be liable for any indirect, incidental, or consequential damages, including lost profits or loss of data.

10. Termination

Either party may terminate an engagement with written notice as described in the statement of work. On termination, you agree to pay for all work completed up to the termination date. Sections relating to intellectual property, confidentiality, and liability survive termination.

11. Governing Law

These Terms are governed by the laws of the jurisdiction in which UpSunday is established, without regard to its conflict-of-laws rules. The courts of that jurisdiction will have exclusive jurisdiction over any dispute arising from these Terms.

12. Changes to These Terms

We may update these Terms from time to time. The "Last updated" date above reflects the most recent revision. Continued use of our site or services after changes take effect constitutes acceptance of the revised Terms.

13. Contact

Questions about these Terms? Reach us at legal@upsunday.co or book a call.