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Terms & Conditions

1.

Introduction

Thank you for choosing Fab for your email design needs. By accessing and using our services, you agree to the following comprehensive Terms and Conditions. These are designed to ensure a clear understanding of what you can expect from us and what we expect from you.This terms of use agreement (the “Agreement”) constitutes a legally binding agreement by and between Mates Unipessoal LDA, a limited liability company organised under the laws of the state of Portugal (“Fab”) and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of Fab's website: https://fab.email/ (the “Website”) and any other media form, channel, mobile website or mobile application related, linked or otherwise connected thereto.

2.

Intellectual Property Rights

The content created by Fab, including designs, texts, graphics, and code, is owned by Fab until the final approval by the client. Once final approval is granted we transfer all intellectual property rights for the final design over to the client.

3.

Delivery Timelines and Delays

Our service packages are designed with specific delivery timelines in mind, which are calculated based on working days, Monday through Friday, excluding weekends and public holidays. We are committed to adhering to these timelines to the best of our ability and promise to keep you informed about the progress of your project, including any potential delays that may arise, whether they are due to circumstances within our control or require additional information or feedback from you.In the event that we exceed the agreed delivery timeline by more than 100% (for example, taking more than 48 hours on a project that was agreed to be completed within 24 hours), we recognise the inconvenience and disruption this may cause. As a gesture of our commitment to your satisfaction and to maintain the trust you've placed in us, we will offer an additional design, at no additional cost to you. This is our way of acknowledging the importance of your time and our responsibility in meeting our commitments.

4.

Design Revisions

Unlimited revisions are only available on the unlimited plan. Every other plan we offer includes a set number of revisions. Need more tweaks? No problem. Additional revisions are available at $50 per hour. This system is our way of encouraging precise, thoughtful feedback, making our design journey together as efficient as possible.

5.

User Data

You are responsible for all data, information, and other materials that you post, upload, submit, or otherwise transmit through the Website. You warrant that you have all necessary rights to such data and that you are not infringing or violating any third party's rights by posting it.

6.

Refunds & Cancellations

Our 14-day cooling-off period is your safety net. Not thrilled with the initial design? You get your money back. However, once you approve that first design, it’s full steam ahead, and you wave the right to a refund. You can cancel your service at any time. Cancellations post-cooling-off won’t see refunds for unused time, ensuring fairness for both parties.

7.

Stock Photography

Fab may use stock media in designs. These can only be used in digital mediums, provided the project budget does not exceed USD $10,000.

8.

Data Protection and Privacy

Our design services are focused on creating and, if necessary, importing your email content into your chosen platform without storing or handling sensitive customer information. Any data encountered during the design process is treated with the utmost respect for privacy and is in compliance with applicable data protection laws.

9.

Email Compliance

As designers, we ensure that our creations are technically and visually optimal for a variety of email clients and platforms. It's the client's responsibility to ensure that the use of these designs complies with all relevant email marketing laws, including but not limited to, obtaining necessary consents and providing unsubscribe options to recipients.

10.

Limitation of Liability

Fab is not liable for any direct or indirect harm or losses that may result from the use of our designs once approved by the client. The client assumes full responsibility for the performance and compliance of the designs in their email marketing efforts.

11.

Communication Conduct with Employees

We expect all interactions with our team to be conducted in a respectful and professional manner. Aggressive or disrespectful behavior will not be tolerated and may result in immediate termination of our services without refund.

12.

Governing Law

These Terms and Conditions shall be governed by the laws of Portugal. Any disputes arising under or related to these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Portugal.

13.

Non-Disclosure

Both parties agree to maintain the confidentiality of any sensitive information shared during the provision of services. This mutual non-disclosure agreement protects both the client's and FAb's confidential information from being disclosed to third parties without consent.

14.

Non-Compete and Non-Solicitation

Clients agree not to solicit or hire any Fab designers or staff for a period specified by Fab following the conclusion of their service contract.

15.

Changes to Terms

We reserve the right to modify these Terms and Conditions at any time. Any significant changes will be communicated to our clients through reasonable means, ensuring you remain informed about the terms of our service.

16.

Contact Us

For any questions or concerns regarding these Terms and Conditions, please contact us at [email protected].