This Master Terms of Service & Service Agreement (“Agreement”) governs the access, purchase, and use of design services provided by Индивидуальный Предприниматель Margaw Design, registered IIN (Kazakhstan Business Identifier): 940822300926, a sole proprietorship registered in Almaty, Republic of Kazakhstan (“Margaw Design”, “Margaw”, “we”, “us”, “our”), owned and operated by Ilyas Zholdasbay, as well as your use of Margaw’s website and related platforms.

By accessing our website, purchasing a subscription, engaging a project, approving an Offer Presentation, paying an invoice or deposit, or otherwise utilizing our services, you (“Client”) agree to be bound by this Agreement.

If you do not agree, discontinue all use of our services immediately.

1. DEFINITIONS

For clarity throughout this Agreement:

• “Services” means all design-related work delivered by Margaw under either a subscription model or project-based engagement.

• “Subscription Model” means monthly recurring design services with a fixed-price retainer.

• “Project-based Model” means a one-time, scoped design engagement defined by an Offer Presentation.

• “Offer Presentation” means the project scope, timeline, and pricing provided to Client, typically via a Figma link, which constitutes the binding Statement of Work (“SOW”) upon acceptance.

• “Request” means any design task submitted under a subscription.

• “Revisions” means requested adjustments to submitted work.

• “Content” means all website content, including text, layouts, media, code, and graphics.

• “Business Days” means Monday through Friday, excluding Kazakhstan public holidays.

2. SERVICE PROVIDER ENTITY

All design services are rendered and legally delivered by:

ИП “Margaw Design” (registered sole proprietor, Republic of Kazakhstan)
Registered IIN (Kazakhstan Business Identifier): 940822300926
Registered Almaty, Republic of Kazakhstan
Owner: Ilyas Zholdasbay

Certain payments may be optionally processed via Margaw LLC (Delaware, USA) when Stripe is used.
This does not change the service provider entity.
The contract remains between Client and ИП Margaw Design.

3. ENGAGEMENT MODELS

Clients may engage Margaw under either:

3.1. Subscription Model

Ongoing monthly design support for a fixed price.

3.2. Project-based Model

One-off design engagements defined by an accepted Offer Presentation (via Figma link).

If there is any conflict between the Offer Presentation and this Agreement, the Offer Presentation controls for scope and deliverables, while this Agreement controls for legal, operational, and payment terms.

4. SUBSCRIPTION MODEL TERMS

4.1. Overview

• Fixed monthly price.

• Delivered exclusively by ИП Margaw Design.

• May offer a free trial for first-time subscribers (one design request).

• Discounts may apply to the first month.

4.2. Scope of Work

Included services vary by client onboarding but typically include design-only work.
Explicitly NOT included under any subscription:

• Printing services

• 3D animations

• Video production or editing

• App development

• Complex web development (beyond Framer/Webflow capabilities)

• Full-scale branding
  These may be offered separately under a Project-based Model.

4.3. Request Fulfillment

• Standard turnaround: 1–3 business days, depending on complexity.

• Weekends and public holidays are excluded.

• Delays caused by incomplete client instructions are not counted toward turnaround.

4.4. Revisions

• Each design request includes up to two (2) revision rounds.

• Additional revisions may require additional fees.

• Revisions may extend turnaround time.

4.5. Free Trial

• Available only to first-time subscribers.

• Trial includes fulfillment of one design request only.

• Additional trial-period requests require paid subscription activation.

4.6. Subscription Activation & Billing

• Subscription activates after successful payment.

• Recurring billing occurs monthly via Stripe or invoice.

• Service access pauses automatically if payment fails.

4.7. Cancellation

• Client may cancel at any time.

• Cancellation becomes effective at the end of the current billing cycle.

• No refunds for unused days or partial months.

4.8. Subscription Refunds

• Refunds are at Margaw’s discretion.

• If a refund is granted in the first month of service, all design work delivered reverts to Margaw and Client loses usage rights.

• Early termination refunds (if granted) carry a 25% fee on the remaining billable period.

5. PROJECT-BASED MODEL TERMS

5.1. Offer Presentation (Figma)

• The Offer Presentation defines scope, deliverables, timeline, and price.

• Acceptance occurs when the client:

  • Sends written/email approval, or

  • Pays the required deposit, or

  • Provides any confirmation indicating approval.

Upon acceptance, the Offer Presentation becomes part of this Agreement.

5.2. Payments

• 50% deposit required to commence work.

• Remaining 50% due upon final deliverables approval.

5.3. Turnaround & Revisions

• Project timelines follow the Offer Presentation.

• No formal revision limits unless stated in the Offer.

• Margaw typically provides 30 days of post-delivery support.

5.4. Project Cancellation & Refunds

• Deposits are non-refundable.

• If Client cancels mid-project:

  • Client pays for all work completed to date.

  • If completed work value is less than the deposit, deposit covers it. No refund.

• If Margaw cancels for any reason:

  • Client may receive a partial refund for undelivered scope.

5.5. Client Abandonment

A project is deemed abandoned if Client is unresponsive for 30 consecutive days.
Consequences:

• Project terminates automatically.

• Deposit is forfeited.

• Restarting requires a new agreement and new deposit.

6. CLIENT RESPONSIBILITIES

Clients must:

• Provide complete and accurate instructions.

• Supply timely feedback to prevent delays.

• Ensure they own or have rights to all materials they provide.

• Understand that delays caused by Client do not affect turnaround or deadlines.

7. OWNERSHIP OF WORK

7.1. Final Deliverables

Upon full payment:

• Client becomes the sole owner of copyright to the final delivered designs.

• Raw/working files are provided only if included in the Offer.

7.2. Portfolio Rights

Margaw may showcase the work publicly (website, social media, etc.) unless:

• An NDA is signed, or

• Client explicitly requests confidentiality in writing.

7.3. Third-Party Fonts

If a design uses fonts requiring commercial licensing:

• Margaw will inform Client.

• Client is responsible for obtaining the required licenses.

8. CONFIDENTIALITY

Standard confidentiality applies:

• Client materials and proprietary information are kept confidential.

• Disclosure permitted only by law or court order.

• NDA may override this section if requested.

9. WEBSITE TERMS OF USE

Use of Margaw’s website is governed by:

• Intellectual property protections

• Prohibited activities

• Privacy policy compliance

• Electronic communications and signatures

All website-related terms apply as if fully restated here.

10. LIMITATION OF LIABILITY

To the fullest extent permitted by law:

• Margaw is not liable for indirect, incidental, or consequential damages.

• Liability is capped at the amount paid by Client in the 3 months preceding the claim.

11. INDEMNIFICATION

Client agrees to indemnify and hold Margaw harmless against all claims arising from:

• Client-provided materials

• Unlicensed font usage

• Client’s breach of this Agreement

• Client’s misuse of deliverables

12. FORCE MAJEURE

Margaw is not liable for delays or failures caused by circumstances beyond reasonable control including: natural disasters, war, strikes, pandemics, system failures, or governmental restrictions.

13. MODIFICATIONS

Margaw may update this Agreement with 15 days notice.
Continued use of services constitutes acceptance of revised terms.

14. GOVERNING LAW & JURISDICTION

This Agreement is governed by the laws of the Republic of Kazakhstan.
Any disputes shall be resolved exclusively in the courts of Almaty, Kazakhstan.

15. ELECTRONIC SIGNATURES

Client acknowledges that:

• Electronic approvals, payments, or messages constitute valid acceptance.

• Figma Offer Presentations become binding upon approval or deposit payment.

16. CONTACT INFORMATION

For questions, support, or legal inquiries:

ИП “Margaw Design” (registered sole proprietor, Republic of Kazakhstan)
Registered IIN (Kazakhstan Business Identifier): 940822300926
Registered in Almaty, Kazakhstan
Email: ilyas@margaw.design