Last updated: July 1, 2025
Thank you for choosing Maker Magnate™, a division of Magnata Marketing. These Terms of Service outline the expectations, responsibilities, and policies for both parties to ensure a smooth and successful collaboration.
By purchasing any Maker Magnate™ service or product, you agree to the following terms:
Each package or product includes a clearly outlined list of deliverables. Any additional requests outside the defined scope will require a separate quote and timeline.
All sales—whether for services, digital products, or future physical products—are final. No refunds will be issued under any circumstances.
For done-for-you services: Once payment is received, work begins promptly and the Client’s production slot is reserved exclusively. Due to the custom nature of the work, services are non-refundable.
For digital and physical products: These are considered final sale upon purchase and are not eligible for return, refund, or exchange. This includes downloadable templates, strategy guides, email scripts, or any future tangible goods offered under the Maker Magnate™ brand.
The fee for services is based on the Company team completing the assignment via phone, email, and video call and does not include face-to-face meetings unless explicitly agreed to in writing beforehand.
Until payment is received in full as agreed, the Company retains all copyrights and intellectual property rights to the work performed.
Payments must be made through the invoice link provided. The Company accepts Visa, Mastercard, and Discover but does not accept American Express. All project fees are quoted in USD, and the Client is responsible for any currency conversion fees, transaction charges, or bank fees associated with payment.
Each email includes one round of copy revisions and one round of design revisions at no additional charge, provided the requested changes remain within the original scope of the project. Revisions that introduce new direction or alter the project scope may incur additional fees.
To ensure timely delivery, the following revision guidelines apply:
Revision requests must be submitted within 24 business hours of receiving the draft. If no response is received within 72 business hours, the version submitted will be considered approved and the project will proceed accordingly.
All revision requests must be submitted via the approved communication platforms:
Revisions sent through other channels or through email may not be acknowledged or addressed.
Minor edits are typically addressed within 2–4 business days. If a revision requires extensive rework or clarification, a new estimated delivery timeline will be communicated inside Basecamp.
It is recommended that final files be reviewed in their complete layout before deployment to confirm alignment, formatting, and positioning.
Revisions are an opportunity to fine-tune, not redefine. Requests that substantially change the original assignment or introduce new creative direction may be treated as out of scope and subject to a new agreement.
Requests for services outside the outlined scope of work or changes to previously approved deliverables may require an additional fee. Any such requests will be reviewed and, if approved, scheduled accordingly. Work on new items will only begin once written agreement is provided and any applicable fees are confirmed. This helps ensure clear expectations, accurate timelines, and a smooth project experience for everyone involved.
If additional expenses will be involved in the delivery of the project, Company will notify Client in advance for pre-approval. Client agrees to reimburse Company for any approved expenses; Company will share the invoice with Client for reimbursement.
The full project will be completed within 14 business days of the onboarding call, provided all feedback is delivered promptly. Any delays in response or missed deadlines on your part will extend the delivery timeline and void the guarantee.
If your email flows aren’t fully built and live within 14 business days after your onboarding call, 100% of your payment will be refunded. You’ll still retain access to any copy or designs that were created.
To remain eligible for this guarantee, the following conditions must be met:
Failure to meet these requirements will void the guarantee.
To ensure effective collaboration and streamlined communication, the Client agrees to the following:
Failure to adhere to these communication protocols may result in delays, cancellation of guarantee, or additional charges for rescheduling or reprioritizing tasks.
To ensure a smooth and timely project, the following responsibilities apply to the Client:
The Client must designate a single representative with full authority to coordinate approvals and communication. This representative’s written or email approval will be considered final. Changes requested after approval may require a new quote and extended timeline.
The following items must be submitted in full before work can begin:
All project-related feedback and approvals must be provided within 24 business hours of receiving a message or file. Delays in response will result in a paused timeline, loss of the service guarantee, or additional rescheduling fees.
If a Klaviyo account is not yet established, one will be created on the client’s behalf. If an account already exists, it will be reviewed and configured to support optimal email performance. This includes domain authentication and sender domain setup.
All email-sending fees, usage charges, and billing associated with Klaviyo are the sole responsibility of the client and are paid directly to Klaviyo. Magnata Marketing or Maker Magnate™ does not collect, process, or manage any payments to Klaviyo on the client’s behalf.
If the Client fails to respond to communications from the Company regarding work to be performed under this Agreement within 30 calendar days, this Agreement will automatically terminate. In such cases, the Company will not issue any refunds for payments already made.
During the course of work under this Agreement, Company will provide Client with branding concepts, written messaging, email marketing and/or copy to be used in connection with Client’s business. All branding and/or copy provided by Company under this Agreement and actually used by Client for its business shall be the intellectual property of Client so long as Client pays all fees due under this Agreement. However, Company retains the right to use or display such branding, copy, and project deliverables in its portfolio of work, future educational publications, and in the marketing, advertising, or promotion of Company’s services. If for any reason Client does not feel comfortable with having their work included in the Company’s portfolio of work, it is the duty of the Client to notify Company in writing.
Company may include in the work provided for Client under this Agreement pre-existing work or materials owned by or licensed to Company. If such work is used in the work produced for Client, such use shall constitute a license to use and distribute such materials.
All marketing assets and copy provided to but not used by the Client, such as images and emails, shall remain the intellectual property of Company and cannot be used by Client for any purpose.
Company is not responsible for trademark searches, trademark registration, copyright registration or any other services related to the protection of legal rights in Client’s branding and copy. Client hereby indemnifies, saves, and holds harmless Company for any liabilities, damages, losses, costs, or expenses arising out of any claim, demand, or action by a third party alleging infringement arising out of Client’s use of branding or copy provided by Company under this Agreement.
In no event shall either party have any liability to the other party for lost profits, loss of use, business interruption, costs of procurement of substitute goods or services, or for any indirect, special, incidental, multiple, exemplary, punitive, or consequential damages however caused and, whether in contract, tort, or under any other theory of liability, whether or not the other party has been advised of the possibility of such damage; and
Company will not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including acts or omissions by third parties, Internet service providers, accidents, attacks, Client’s failure to provide information Company needs or approve or disapprove work, or faulty performance by Client or others, including third-party contractors hired by Client.
Company is not liable for Client compliance or lack of compliance with any federal or state regulations. However, Company will refuse any requests that they believe to be unethical or out of compliance with any laws or regulations.
Also, although Company makes every effort to make Client’s copy and marketing assets comply with the law, Company’s team does not operate as attorneys. Therefore, it is the Client’s responsibility to submit all copy and marketing assets for legal review. Client is also responsible for final proofreading of all the copy and marketing assets.
In no event shall party’s liability exceed the fees paid under this agreement, whether in contract, tort or any other theory of liability.
Both parties to this agreement shall indemnify each other and hold all affiliates, employees and agents harmless from any loss, liability, damage or other expenses arising from performing Services under this Agreement.
Both the Company and the Client warrant that they have full authority to enter into this Agreement and fulfill their respective obligations.
Except as expressly stated in this Agreement, the Company makes no other warranties, express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
The Client acknowledges and agrees that:
This warranty section is intended to clarify expectations and does not limit or contradict any other terms in this Agreement.
The Company is committed to maintaining the confidentiality, security, and proper use of the Client’s information and data. Any information shared with the Company, including but not limited to design, creative, marketing, sales, finances, email subscriber lists, branding materials, campaign data, and payment information, will be treated as confidential and used solely for providing the agreed-upon services.
Confidential information shall not include information that:
The Company takes reasonable measures to secure and protect Client-provided payment information in accordance with applicable data security standards. However, the Client acknowledges that no method of data transmission or storage is 100% secure, and the Company shall not be held liable for unauthorized access, breaches, or damages resulting from circumstances beyond its control.
The Client is responsible for ensuring that all other data shared with the Company complies with applicable laws and regulations, including but not limited to GDPR, CCPA, or other relevant privacy laws. The Company shall not be held liable for breaches, penalties, or damages arising from the Client’s non-compliance with such regulations.
In the event of a data breach affecting Client-provided information while under the Company’s control, the Company will notify the Client promptly and take reasonable measures to mitigate the breach.
Neither Party may disclose the terms of this Agreement without prior written consent from the other Party, except as required by law or court order.
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This Agreement shall not render Company an employee, partner, agent of, or joint venturer with the Client for any purpose. Company is and will remain an independent contractor in its relationship to the Client.
Company is or remains open to conducting similar tasks or activities for entities other than the Client and holds itself out to the public to be a separate business entity.
Company shall retain sole and absolute discretion in the manner and means of carrying out the activities and responsibilities under this Agreement. Company shall be responsible to the ownership and management of the Client, but Company will not be required to follow or establish a regular or daily work schedule. Company and Client agree to conform to any and all IRS tests necessary to establish and demonstrate the independent contractor relationship between Client and Company.
Company will be responsible for filing its own tax returns and to pay taxes in accordance with all provisions of applicable Federal and State law. Client shall not be responsible for withholding taxes with respect to Company’s compensation. Company shall have no claim against Client for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits or employee benefits of any kind.
Company reserves the right to use independent subcontractors to provide services to Client under this agreement. All such independent subcontractors shall be bound by the terms of this Agreement.
Throughout this agreement and continuing for one year following the termination of this agreement, Client agrees not (whether directly or indirectly) to solicit or attempt to solicit any member of Company’s team (including Independent Contractors) to work for the Client directly. Company’s Independent Contractors and employees are likewise bound not to perform services for Client directly that are the same or substantially similar to the work Company does. This doesn’t prohibit the Client from working together on services that are not competitive to Company’s scope of work.
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia in the United States of America without regard to its choice-of-law or conflict-of- law provisions.
The Parties agree that, prior to filing a lawsuit with respect to any dispute, controversy, or claim concerning this Agreement (collectively and individually, “Dispute”), they will make a good faith attempt to resolve their differences by first having a scheduled phone conversation between The Parties for this express purpose. If no resolution can be determined, the parties will submit the Dispute to mediation, the procedure for which shall be mutually agreed upon by the Parties (“Mediation”). The Parties agree to share equally any costs or fees resulting from the engagement of a mediator and/or the hiring of an appropriate forum for the Mediation. The Parties agree to pay their own individual expenses incurred in the Mediation (including, without limitation, the cost of each Party’s independent counsel or other representative(s). Should such Mediation fail, the Parties agree that the exclusive venue for any unresolved Dispute in an appropriate court located within the state of Georgia in the United States of America.
In the event that a lawsuit is instituted for any reason by the Company or the Client, the prevailing party in any such action will be liable for all costs and reasonable attorney’s fees incurred in instituting or defending such action.
Any provision of this Agreement that, by its terms, is intended to continue to apply after any termination or expiration of this Agreement, shall survive such termination or expiration and continue to apply in accordance with its terms.
This Agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that Client may not assign any of its rights under this Agreement except to a wholly owned subsidiary entity of Client. No such assignment by Client to its wholly owned subsidiary shall relieve Client of any of its obligations or duties under this Agreement.
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent of any provisions of the Agreement. The language used in this Agreement shall be deemed to be the language chosen by the Parties to express their mutual intent. The Parties agree that this Agreement shall be construed impartially between the Parties without regard to which Party may or may not be considered the drafter or scrivener of the Agreement.
The failure of either Party to insist on strict performance of any covenant or obligation under this Agreement, regardless of the length of time for which such failure continues, shall not be deemed a waiver of such Party’s right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation under this Agreement shall constitute a consent or waiver to or of any other breach or default in the performance of the same or any other obligation.
This Agreement constitutes the final and entire agreement between the Parties with respect to its subject matter, and supersedes any and all prior and contemporaneous agreements, representations, and/or understandings, whether written or oral, between the Parties.
No amendment, change, or modification of this Agreement shall be valid unless in writing and signed by both Parties.
If any term, provision, covenant, or condition of this Agreement shall be found to be illegal or otherwise unenforceable, this finding shall not invalidate the whole of the Agreement. Rather, the remainder of the Agreement shall remain in full force and effect, and the offending provision shall be deemed modified or stricken to the extent necessary to render such provision or the rest of the Agreement enforceable. The rights and obligations of the Parties shall be construed and enforced accordingly, preserving to the fullest extent permissible the Parties’ intent set forth in the original Agreement.
All notices, requests, demands, and other communications required or permitted under this Agreement must be in writing and will be considered duly given:
For Magnata Marketing and Maker Magnate™:
207 Lavender Oasis Peachtree City, Georgia 30269
For the Client:
To the mailing address provided at the time of purchase
Either party may update their address by providing written notice of the change.
Each party acknowledges that each party has read this Agreement and fully understands the terms and provision herein. Both parties have been given the opportunity to seek legal counsel regarding this Agreement. This Agreement shall not be construed against any party by reason of the drafting or preparation hereof.