Terms and Conditions — Made by Parke
Last updated: September 4, 2026
These Terms and Conditions (“Terms”) govern (1) your use of the website located at madebyparke.com (the “Site”), and (2) any marketing, web design, or software design services you engage Made by Parke to perform (each, an “Engagement”). Made by Parke is a freelance sole proprietorship operated by an individual doing business as “Made by Parke” (“Made by Parke,” “I,” “me,” or “my”). “You” or “Client” means anyone who visits the Site or engages Made by Parke for services.
By using the Site or engaging Made by Parke for services, you agree to be bound by these Terms. If you don’t agree with them, please don’t use the Site and don’t engage Made by Parke for services.
Please read this document carefully — it includes a limitation of liability, a disclaimer of warranties, and a binding arbitration agreement that affects your legal rights.
Table of Contents
- Who This Applies To
- Eligibility
- The Site Is Informational
- Acceptable Use of the Site
- Engagements & How They Work
- Payments, Deposits & Cancellations
- No Guarantee of Results
- Revisions & Scope Changes
- Termination
- Intellectual Property & Licensing
- Portfolio & Promotional Use
- Independent Contractor Relationship
- Confidentiality
- Third-Party Tools & Services
- Disclaimer of Warranties
- Limitation of Liability
- Indemnification
- International Clients & Governing Law
- Dispute Resolution & Binding Arbitration
- Force Majeure
- Privacy
- Changes to These Terms
- General Provisions
- Contact
1. Who This Applies To
These Terms apply to anyone who browses the Site, contacts Made by Parke through it, or enters into an Engagement for marketing, web design, or software design services. If Made by Parke and a Client sign a separate written agreement, proposal, or statement of work for a specific Engagement (“Engagement Agreement”), and any term of that Engagement Agreement directly conflicts with these Terms, the Engagement Agreement controls for that specific Engagement. Everything not addressed in an Engagement Agreement is still governed by these Terms.
2. Eligibility
You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Site or enter into an Engagement with Made by Parke. By using the Site or engaging my services, you represent that you meet this requirement and that you have the legal authority to bind yourself (or the business you represent) to these Terms.
3. The Site Is Informational
Content on the Site — service descriptions, portfolio examples, case studies, pricing indications, blog content, and anything else — is provided for general informational purposes only. Nothing on the Site is an offer, quote, or guarantee, and browsing the Site does not create an Engagement or any obligation on either party. An Engagement is only formed once both parties agree to scope and pricing in writing (email is sufficient) or sign an Engagement Agreement.
4. Acceptable Use of the Site
You agree not to:
- use the Site for any unlawful purpose or in violation of any applicable law or regulation;
- attempt to gain unauthorized access to the Site or any connected systems, servers, or networks;
- introduce viruses, malware, or other harmful code, or attempt to disrupt or overload the Site;
- scrape, harvest, or systematically extract data or content from the Site without prior written permission;
- impersonate any person or entity, or misrepresent your affiliation with any person or entity;
- use any contact form or communication channel on the Site to send unsolicited advertising or spam.
I may restrict, suspend, or terminate anyone’s access to the Site at any time, with or without notice, for any reason, including a suspected violation of these Terms.
5. Engagements & How They Work
5.1 Scope. When you engage Made by Parke, the specific services, deliverables, timeline, and fees for that project will be described in a proposal, quote, statement of work, invoice, or written communication (collectively, “Scope Documents”). Scope Documents are incorporated into these Terms by reference and form part of the agreement for that Engagement.
5.2 Client Cooperation. You agree to provide timely feedback, content, access credentials, brand assets, and any other information reasonably necessary for me to perform the work. Delays caused by your failure to provide these things may extend timelines, and I am not responsible for missed deadlines caused by such delays.
5.3 Solo Freelance Operation. Made by Parke is operated by a single freelancer. Unless a Scope Document states otherwise, I am not obligated to provide 24/7 availability, a dedicated account team, or backup staffing, and reasonable response times (generally within a few business days) apply to communications.
6. Payments, Deposits & Cancellations
6.1 No Online Payments. As of the date above, the Site does not process payments. Payment terms for any Engagement will be arranged directly (invoice, bank transfer, or another method agreed in writing) and described in the applicable Scope Document.
6.2 Deposits. For most Engagements, I require an upfront deposit before work begins, and the remaining balance is due according to the schedule in the Scope Document (for example, on completion, at project milestones, or on a recurring basis for ongoing work). Deposits are generally non-refundable once work has started, because they reserve my time and cover work already performed, unless I agree otherwise in writing for a specific Engagement.
6.3 Late or Missed Payments. If an invoice isn’t paid by its due date, I may pause work, withhold deliverables or source files, charge a reasonable late fee, and/or terminate the Engagement for cause under Section 9. You remain responsible for fees owed for work already completed.
6.4 Client-Initiated Cancellation. If you cancel a project after work has begun, you’re responsible for paying for all work completed up to the point of cancellation, plus any non-recoverable costs I’ve already incurred on your behalf (e.g., licenses, stock assets, third-party fees purchased for the project). Any deposit already paid will be applied toward those amounts first; it is not automatically refunded.
6.5 Currency & Taxes. Unless otherwise stated, fees are quoted in U.S. dollars and exclude any taxes, duties, or bank/transfer fees, which are your responsibility unless we agree otherwise in writing.
7. No Guarantee of Results
Marketing, web design, and software design involve inherently unpredictable factors — including search engine algorithms, market conditions, user behavior, third-party platform changes, and your own business execution — that are outside my control. Accordingly:
- I do not guarantee any specific outcome, result, ranking, amount of traffic, number of leads, conversion rate, revenue, or other business result from any service I provide;
- I do not guarantee that a website, application, or piece of software will be free of every bug or will be compatible with every future browser, device, operating system, or third-party platform update;
- any timelines, estimates, projections, or examples of past results shared with you are illustrative only and are not promises of similar results for your project.
You acknowledge that engaging Made by Parke is not a guarantee of any particular business outcome.
8. Revisions & Scope Changes
Reasonable revisions within the agreed scope are included as part of an Engagement, as described in the applicable Scope Document. Requests that go beyond the original scope (new features, additional pages, a change in direction after work has already been approved, etc.) may be treated as a change order and billed separately, at my discretion, before the additional work begins.
9. Termination
9.1 Termination Without Cause. Either party may terminate an ongoing Engagement for any reason, or no reason, by giving the other party at least three (3) business days’ written notice (email is sufficient). This includes my right to end an Engagement at any time I choose, subject to that notice period and to Section 9.3 below.
9.2 Termination For Cause. Either party may terminate an Engagement immediately, without notice, if the other party: fails to pay amounts owed; engages in abusive, harassing, or illegal conduct; asks me to perform unlawful or unethical work; or materially breaches these Terms or the applicable Scope Document.
9.3 Effect of Termination. Upon termination for any reason, you’re responsible for paying for all work completed up to the termination date, calculated on a pro-rated or hourly basis as appropriate to the Engagement. I will deliver whatever work product has been paid for in its then-current state. Sections of these Terms that by their nature should survive termination — including Intellectual Property, Payments, Limitation of Liability, Indemnification, and Dispute Resolution — continue to apply after termination.
10. Intellectual Property & Licensing
10.1 Site Content. All content on the Site — including text, graphics, logos, the “Made by Parke” name, and portfolio materials I created — is owned by me or licensed to me, and is protected by copyright and other intellectual property laws. You may view the Site for your own informational purposes, but you may not copy, republish, or create derivative works from it without my prior written permission.
10.2 Client Deliverables — Default Rule. Unless an Engagement Agreement expressly says otherwise in writing, I retain ownership of the underlying code, design systems, templates, frameworks, custom tools, and other original work product I create (“Deliverables”), and I grant you a broad, non-exclusive, perpetual license to use, display, and operate the Deliverables for your own business purposes. This means I retain the right to reuse, adapt, distribute, license, and sell my own underlying code, components, techniques, and non-client-specific creations — including elements developed while working on your project — in other projects, products, or for other clients, so long as I’m not distributing your confidential or proprietary business information (such as your private data, trade secrets, or content) alongside it.
10.3 Full Ownership Transfer (Optional). If you want full, exclusive ownership of a Deliverable transferred to you (a “buyout”), that must be agreed to in writing in the applicable Scope Document, typically for additional consideration. Absent that written agreement, Section 10.2’s license model applies.
10.4 Your Content. You retain ownership of any content, brand assets, data, or materials you provide to me (“Client Content”). You grant me a license to use Client Content as needed to perform the Engagement, and you represent that you have the rights to provide it and that it doesn’t infringe on anyone else’s rights.
10.5 Third-Party Materials. Some projects may incorporate third-party assets (stock photography, fonts, plugins, open-source libraries, paid themes, etc.). Those items remain subject to their own licenses, and it’s your responsibility to maintain any ongoing license or subscription required to keep using them after the Engagement ends, unless we’ve agreed otherwise.
11. Portfolio & Promotional Use
Unless you tell me otherwise in writing (for example, because of a confidentiality requirement), I may display completed work in my portfolio, case studies, social media, and other marketing materials, and may describe the general nature of the work performed. If you need your project kept confidential or excluded from my portfolio, let me know in writing before or during the Engagement.
12. Independent Contractor Relationship
Made by Parke is an independent contractor, not your employee, agent, partner, or joint venturer. Nothing in these Terms creates an employment, agency, partnership, or joint venture relationship between us. I’m responsible for my own taxes, insurance, and business expenses, and I’m free to perform similar work for other clients, including competitors, unless a specific Engagement Agreement includes a written exclusivity clause.
13. Confidentiality
Each party agrees to keep the other party’s non-public business information confidential and to use it only as needed to carry out the Engagement, unless disclosure is required by law or the information is already public through no fault of the receiving party. This obligation survives the end of an Engagement.
14. Third-Party Tools & Services
The Site and my work may link to, integrate with, or rely on third-party tools and services (hosting providers, form processors, analytics, design or development platforms, etc.). I don’t control those third parties and I’m not responsible for their content, availability, security, or terms. Your use of any third-party service is subject to that provider’s own terms and privacy policy.
15. Disclaimer of Warranties
The Site and all services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, I disclaim all warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. I don’t warrant that the Site or any Deliverable will be uninterrupted, error-free, or completely secure. Nothing in this section limits any specific warranty I expressly agree to in writing in a Scope Document.
16. Limitation of Liability
To the fullest extent permitted by law:
- Made by Parke will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, lost data, or loss of business opportunity, arising out of or related to the Site or any Engagement, even if advised of the possibility of such damages;
- Made by Parke’s total cumulative liability arising out of or related to an Engagement, however the claim arises (contract, tort, or otherwise), will not exceed the total fees actually paid by you to Made by Parke for that specific Engagement in the twelve (12) months before the claim arose.
Nothing in these Terms limits any liability that cannot legally be limited or excluded, such as liability for fraud or gross negligence where prohibited by applicable law.
17. Indemnification
You agree to indemnify, defend, and hold harmless Made by Parke from any third-party claims, losses, damages, or expenses (including reasonable legal fees) arising from: your use of the Site; Client Content you provide; your violation of these Terms or any applicable law; or your use of a Deliverable in a way that wasn’t authorized under Section 10.
18. International Clients & Governing Law
Made by Parke works with clients located anywhere in the world, and these Terms apply regardless of where you or your business are located. Regardless of your location, these Terms — and any Engagement governed by them — are interpreted under the laws of the State of North Carolina, USA, without regard to its conflict-of-laws principles, and, to the extent any dispute proceeds in court rather than arbitration under Section 19, you consent to the exclusive jurisdiction and venue of the state and federal courts located in North Carolina.
19. Dispute Resolution & Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHT TO GO TO COURT.
19.1 Agreement to Arbitrate. You and Made by Parke agree that any dispute, claim, or controversy arising out of or relating to the Site, an Engagement, or these Terms — including whether a particular matter is subject to arbitration — will be resolved through final and binding arbitration, rather than in court, except as set out below.
19.2 Informal Resolution First. Before starting an arbitration, both parties agree to attempt in good faith to resolve the dispute informally by written notice describing the claim and the relief sought, followed by a phone or video conversation. If the dispute isn’t resolved within thirty (30) days of that written notice, either party may proceed to arbitration.
19.3 Arbitration Process. Arbitration will be conducted by a single neutral arbitrator under the rules of the American Arbitration Association (“AAA”) then in effect for commercial disputes, with the arbitration seated in North Carolina unless both parties agree to a different location. The arbitrator’s decision will be final and binding, and judgment on it may be entered in any court with jurisdiction.
19.4 Class Action Waiver. Disputes must be brought individually, not as a class, consolidated, or representative action, and the arbitrator has no authority to combine claims involving different Clients.
19.5 Exceptions. Either party may bring an individual claim in small claims court if it qualifies, and either party may seek injunctive relief in court to protect intellectual property rights or confidential information without first going through arbitration.
19.6 Right to Opt Out. You may opt out of this arbitration agreement by sending written notice to hello@madebyparke.com within 30 days of first agreeing to these Terms. If you opt out, disputes will instead be resolved in the courts identified in Section 18.
20. Force Majeure
Neither party is responsible for delays or failures caused by events beyond their reasonable control (natural disasters, internet or utility outages, illness, government actions, and similar events), except that this doesn’t excuse an obligation to pay amounts already owed.
21. Privacy
Information collected through the Site (such as contact form submissions) is handled according to my separate Privacy Policy. If you’d like, I’m happy to draft that document next — it covers what information is collected, how it’s used, and your rights regarding it, and is required alongside these Terms for most jurisdictions.
22. Changes to These Terms
I may update these Terms from time to time. When I do, I’ll update the “Last updated” date at the top of this page. Changes apply going forward from the date they’re posted. If you continue to use the Site or remain engaged with an active Engagement after a change, that’s treated as acceptance of the updated Terms; for a material change affecting an active Engagement, I’ll try to give you direct notice as well.
23. General Provisions
Entire Agreement. These Terms, together with any applicable Scope Document, are the entire agreement between you and Made by Parke regarding the Site and any Engagement, and supersede any prior discussions on the same subject.
Severability. If any part of these Terms is found unenforceable, the rest remains in full effect, and the unenforceable part will be modified to the minimum extent necessary to make it enforceable.
No Waiver. Failing to enforce a provision of these Terms one time doesn’t waive the right to enforce it later.
Assignment. You may not assign or transfer your rights or obligations under these Terms without my prior written consent. I may assign these Terms in connection with a change in my business structure (for example, if I later form an LLC).
Notices. Notices under these Terms may be given by email to the addresses each party has provided, and are considered received when sent, absent evidence of non-delivery.
24. Contact
Questions about these Terms? Reach out:
Made by Parke North Carolina, USA hello@madebyparke.com
