Terms of Service

01 Who you are contracting with

This website at magedigitalagency.com and the services described on it are operated by Mage Digital LLC, a New Mexico Limited Liability Company trading as MAGE ("MAGE", "we", "us" or "our").

• Registered office: 1209 Mountain Road Pl NE, Ste R, Albuquerque, NM 87110, United States
• General enquiries: hello@magedigitalagency.com
• Legal notices: legal@magedigitalagency.com
• Billing: billing@magedigitalagency.com

"You", "your" and "Client" mean the individual or organisation using this website or engaging us for services. Where you accept these terms on behalf of a company, you confirm that you are authorised to bind that company.

02 Acceptance and structure of the agreement

By browsing this website, joining our waitlist or engaging us for work, you accept these terms. If you do not accept them, please do not use the site or our services.

Our full agreement with a paying client consists of, in descending order of precedence:

1. the signed statement of work or proposal for the engagement (the "SOW");
2. our Refund Policy;
3. these Terms of Service; and
4. our Privacy Policy.

Where a signed SOW conflicts with these terms, the SOW governs for that engagement only. Nothing on this website is an offer capable of acceptance: prices and availability are an invitation to discuss work, and no engagement exists until an SOW is signed by both parties.

03 Client eligibility and excluded activities

We work with lawfully operating businesses and organisations. To engage us you must confirm that you are at least 18 years old, that you are acting for a lawful business purpose, and that the work you are asking for complies with all applicable federal, state and local law in the United States and in your own jurisdiction.

We do not accept work for, or promote, the following activities. This list is a condition of engagement, not a preference, and we apply it consistently:

• Adult content
• Gambling and betting
• Cryptocurrency and token offerings
• Payday lending, debt relief and credit repair
• Firearms, ammunition and weapons
• Cannabis, CBD and vaping
• Prescription pharmaceuticals and supplements
• Multi-level marketing and business-opportunity schemes
• Data brokerage and scraping of personal information
• Political campaigns and advocacy

We also decline any engagement that would require us to:

• collect, scrape, buy or resell personal information without a lawful basis and the clear consent of the people concerned;
• build or operate deceptive interfaces, fake reviews, fake scarcity, undisclosed paid endorsements, or any design intended to mislead consumers;
• circumvent the terms of service, security controls, rate limits or paywalls of a third-party platform;
• infringe another party's trademark, copyright, patent or trade secret;
• make health, financial, income or investment claims that cannot be substantiated; or
• process payments, hold customer funds, or handle cardholder data on our infrastructure.

Sanctions and restricted jurisdictions

We accept clients only where doing so is lawful under United States sanctions and export-control law. We do not provide services to, solicit, accept payment from, or contract with any person or entity that is located in, organized under the laws of, ordinarily resident in, or owned or controlled by a party in a jurisdiction subject to comprehensive United States sanctions, nor with any party named on the U.S. Department of the Treasury's Specially Designated Nationals and Blocked Persons list or an equivalent restricted-party list.

Before an SOW is signed we verify the client's legal entity, country of incorporation and beneficial ownership, and screen them against those lists. You agree to tell us promptly if your location or ownership changes in a way that affects this. We may terminate immediately, without liability and without refund of work already delivered, if continuing would breach applicable sanctions or export-control law.

If we discover after signature that an engagement falls into any category above, we may terminate immediately under section 15 and invoice for work delivered up to that point.

04 Services and scope

We provide professional design and software development services, specifically: brand identity work, marketing website design and development, product interface design and front-end implementation, and related content and technical search-optimisation support.

We are a services business. We do not sell software licences, we do not resell third-party products, we do not manage advertising budgets on your behalf, and we do not act as a payment processor, financial adviser, legal adviser, tax adviser or insurance intermediary.

Every engagement is defined by an SOW that states the deliverables, the milestones, the fee, the assumptions we relied on when quoting, and what is expressly out of scope. Anything not written in the SOW is out of scope. Where a deliverable depends on an assumption that turns out to be wrong, we will tell you in writing and quote the difference before continuing.

05 Fees, invoicing and taxes

All fees are quoted and payable in USD. The prices published on this website are current fixed-scope prices and may change for future engagements; the price in your signed SOW is the price you pay for that engagement.

• Project work: 50% of the fee is invoiced on signature of the SOW and is payable before work begins. The remaining 50% is invoiced on delivery and is due within 7 days.
• Retainers: invoiced monthly in advance. Either party may end a retainer with 30 days' written notice, effective at the end of a paid month.
• Out-of-scope work: quoted separately in writing and only started after you approve the quote.
• Third-party costs such as fonts, stock imagery, hosting, domains and software subscriptions are yours, and are either billed to you at cost with your prior approval or purchased by you directly in your own accounts.

Invoices are issued by email and payable by ACH transfer, wire or card as stated on the invoice. Amounts unpaid 7 days after the due date may accrue interest at 1.5% per month, or the maximum rate permitted by New Mexico law if lower, and we may pause work until the account is current.

Fees are exclusive of any sales, use, VAT, GST or similar taxes. Where such taxes apply, they are added to the invoice and are your responsibility. If you are required to withhold tax, the amount payable to us is grossed up so that we receive the full invoiced sum.

Refunds are governed by our Refund Policy, which forms part of this agreement.

06 What we need from you

Fixed prices depend on a working feedback loop. You agree to:

• nominate one person with authority to approve work and consolidate internal feedback;
• supply content, brand assets, credentials and access we reasonably request, in the formats we specify;
• respond to review requests within 5 business days; and
• confirm that you hold the rights to everything you give us, including text, images, logos, fonts and any third-party material.

You are responsible for the accuracy and legality of the content you supply, including any claims about your own products, services, prices, qualifications or results.

If a project stalls on your side for more than 30 consecutive days, we may issue the next milestone invoice, release the reserved schedule to another client, and charge a reasonable re-mobilisation fee when you are ready to resume. We will always warn you in writing before doing so.

07 Revisions and change requests

Each engagement includes 3 rounds of revisions per deliverable. A round is one consolidated set of written feedback and our response to it.

Revisions cover refinement within the agreed direction. A change of direction after approval, a new page, a new feature, an added audience, or a new brand requirement is a change request. We quote change requests in writing with any schedule impact, and start only once you approve.

Where a deliverable is submitted for approval and we hear nothing within 5 business days, we may treat it as approved for scheduling purposes. We will send a written reminder first, and this never removes your right to the revision rounds you have not yet used.

08 Timelines

Timelines in an SOW are good-faith estimates that assume timely feedback, timely content and timely payment. Published ranges, such as three to four weeks, are measured from the date we receive everything listed as a client input in the SOW.

If a date is going to move, you hear it from us with a revised date and the reason. Delays caused by your review cycle, content delivery, third-party vendors or force majeure extend our dates by at least the length of the delay. Neither party is liable for delay caused by the other party's failure to perform.

09 Ownership and intellectual property

On receipt of all sums due under the SOW, we assign to you all right, title and interest in the final deliverables produced specifically for you, including the copyright in final designs, page layouts, brand marks and custom source code. You may use, modify and sublicense them without restriction and without further payment to us.

Two carve-outs apply, and both are normal in this industry:

• Our pre-existing tools. We keep ownership of the general know-how, techniques, internal libraries, boilerplate and processes we bring to every project. Where any of it is embedded in your deliverables, we grant you a perpetual, worldwide, royalty-free, non-exclusive licence to use it as part of those deliverables.
• Third-party material. Fonts, stock media, plugins and open-source components stay with their owners and reach you under their own licences. We tell you what those licences are and what they cost before we use them.

Until final payment is received, deliverables are licensed to you for review only and may not be published or put into production. Concepts, drafts and rejected routes remain ours.

10 Confidentiality

Each party will keep the other's non-public information confidential, use it only to perform this agreement, protect it with at least reasonable care, and limit access to people who need it and are bound by equivalent obligations.

These obligations continue for three years after the engagement ends, or for as long as the information remains a trade secret, whichever is longer. They do not apply to information that is public through no fault of the receiving party, was already lawfully held, is independently developed, or must be disclosed by law, in which case the disclosing party is notified where legally permitted.

We will sign your own non-disclosure agreement on request, before any commercially sensitive discussion.

11 Third-party platforms and services

Delivered work often runs on services you own and control, such as hosting, a content management system, a domain registrar, an email provider or an analytics tool. Those services are governed by their own terms and prices, directly between you and them.

We will recommend, configure and document these services when the SOW says so, but we are not responsible for their availability, pricing changes, security incidents, policy decisions or discontinuation. Where we hold credentials to your accounts, we hold them only for as long as the engagement requires and hand over or delete them at completion, at your instruction.

12 Warranties, and what we do not promise

We warrant that we will perform the services in a professional and workmanlike manner consistent with industry standards, and that for 30 days after delivery we will correct, at no charge, any defect in our own work that causes a deliverable to fail to function as described in the SOW.

To use that warranty, tell us in writing within the 30-day window. It does not cover changes you or a third party make to the deliverables, content you supply, third-party service outages or updates, browsers or devices released after delivery, or new requirements.

We make no promise about commercial results. We do not guarantee search rankings, traffic, conversion rates, revenue, funding, press coverage, app-store approval or any other outcome, because those depend on your market, your pricing, your product and the decisions of third parties we do not control. Any figure we discuss is an illustration, not a forecast or a commitment.

Except as expressly stated in this section, the services and deliverables are provided "as is" and we disclaim all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement, to the fullest extent permitted by law.

13 Limitation of liability

To the fullest extent permitted by law, neither party is liable to the other for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost data, lost goodwill or business interruption, even if advised of the possibility.

Our total aggregate liability arising out of or relating to this agreement, whether in contract, tort, negligence, strict liability or otherwise, is limited to the total fees you actually paid us under the SOW giving rise to the claim in the twelve months before the claim arose.

Nothing in this agreement limits either party's liability for fraud, fraudulent misrepresentation, wilful misconduct, gross negligence, death or personal injury caused by negligence, or any other liability that cannot lawfully be limited. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

Any claim relating to this agreement must be brought within one year of the date the claim arose, or it is permanently barred, unless applicable law requires a longer period.

14 Indemnification

You will defend, indemnify and hold us harmless from third-party claims, damages and reasonable legal costs arising from: content, data, trademarks or materials you supplied to us; your use of the deliverables after delivery; your products, services or claims about them; or your breach of section 3 or of applicable law.

We will defend, indemnify and hold you harmless from third-party claims that a deliverable created solely by us, used as delivered, infringes a United States copyright or trademark. This does not apply where the claim arises from your content, your instructions, third-party material supplied under its own licence, or modifications made after delivery. Our obligation under this paragraph is subject to the cap in section 13.

The indemnified party must notify the other promptly, allow it to control the defence, and cooperate reasonably. No settlement that imposes an obligation on the other party may be made without that party's written consent.

15 Term and termination

This agreement runs from the date you accept it until the engagement completes or it is terminated.

• Either party may terminate for material breach with 10 days' written notice if the breach is not cured within that period.
• You may terminate a project engagement for convenience at any time with written notice. Fees already earned remain payable, and refunds follow the Refund Policy.
• We may terminate immediately, without further liability, if payment is more than 30 days overdue, if the engagement breaches section 3, if you ask us to do something unlawful, or if the working relationship involves abuse or harassment of our people.
• Retainers end with 30 days' written notice from either party, effective at the end of a paid month.

On termination you pay for all work performed and third-party costs committed up to the effective date. Sections 9 through 14, 20 and 21 survive termination. We hand over completed, paid-for deliverables and, on request, delete the credentials and working files we no longer need to keep.

16 Portfolio and publicity

Unless your SOW says otherwise, we may describe the engagement and show the finished deliverables in our portfolio, case studies and social channels once the work is public. We will never disclose your confidential information, unreleased plans, internal metrics or contract value.

You can decline this at any time, before or after publication, by emailing legal@magedigitalagency.com. We will remove the material from anything we control within 30 days, and it costs you nothing to ask.

17 Acceptable use of this website

All text, layout, code and design on magedigitalagency.com belong to us and are protected by copyright and trademark law. You may view, download and print pages for your own evaluation of our services. You may not republish our content commercially, scrape the site at scale, attempt to interfere with its operation, probe it for vulnerabilities without our written permission, or use it to send unsolicited or automated submissions.

The waitlist form is for genuine business enquiries. We may decline, delete or ignore submissions that are automated, abusive or fraudulent, and we may block access where necessary to protect the site.

We aim to keep this site available and accurate but we do not warrant uninterrupted availability, and we may change or withdraw any part of it, including published prices, at any time.

18 Changes to these terms

We may update these terms as our services or the law change. The current version always carries an effective date at the top of this page; this version is effective September 1, 2026.

Changes apply to website use from the date they are published, and to new engagements from that date. Changes never apply retroactively to a signed SOW: the terms in force when you signed continue to govern that engagement unless we both agree otherwise in writing. Where a change is material and affects an ongoing retainer, we will give you at least 30 days' notice by email.

19 Governing law and disputes

This agreement is governed by the laws of the State of New Mexico, United States, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

We ask you to raise any dispute with us first, in writing to legal@magedigitalagency.com. Both parties agree to negotiate in good faith for 30 days before starting proceedings. In practice, almost everything is resolved at this stage, and this step costs neither of us anything.

If that fails, the state and federal courts located in Bernalillo County, New Mexico, have exclusive jurisdiction, and both parties consent to venue there. Either party may still seek injunctive relief in any competent court to protect intellectual property or confidential information.

Each party bears its own legal costs unless a court orders otherwise. Nothing in this section prevents either party from bringing a claim in small-claims court where it qualifies.

20 General provisions

• Independent contractor. We act as an independent contractor. Nothing here creates an employment relationship, partnership, joint venture, franchise or agency, and neither party may bind the other.
• Subcontracting. We may use vetted subcontractors bound by equivalent confidentiality obligations. We remain responsible for their work.
• No solicitation of our team. During an engagement and for six months afterwards, neither party will directly solicit the other's personnel or contractors involved in the work, except through a public job advertisement.
• Assignment. Neither party may assign this agreement without the other's written consent, except to a successor in a merger or sale of substantially all assets.
• Force majeure. Neither party is liable for delay or failure caused by events beyond reasonable control, including natural disaster, war, civil unrest, epidemic, utility or internet failure, or government action. Payment obligations already accrued are not excused.
• Notices. Notices are effective when sent by email to the addresses in section 1 and the address on your SOW, or when delivered by recognised courier to the registered office above.
• Severability. If a provision is held unenforceable, it is modified to the minimum extent necessary and the rest of the agreement stays in force.
• No waiver. Failing to enforce a provision is not a waiver of it.
• Entire agreement. The documents listed in section 2 are the entire agreement between us on this subject and replace all earlier discussions, proposals and representations.
• Language. This agreement is written in English, and English governs its interpretation.
• Headings. Headings are for convenience and do not affect interpretation.

21 How to reach us

We answer email from a real address, and a person replies.

• General and new work: hello@magedigitalagency.com
• Legal notices and disputes: legal@magedigitalagency.com
• Invoices and refunds: billing@magedigitalagency.com
• Post: Mage Digital LLC, 1209 Mountain Road Pl NE, Ste R, Albuquerque, NM 87110, United States

Cooling-off note: if you sign an SOW and change your mind within 5 business days, before work has started, tell us and we refund your deposit in full. See the Refund Policy for the detail.