Terms and conditions

1. Who we are and what this document covers

The owner of this site and provider of the services is O'Malley Studio (the "Studio"). The Studio's identification and tax details are given to the client in the service contract, when the work begins.

These terms govern use of the site and the hiring of services from the Studio. By using the site, messaging us for a quote or hiring us, you accept these terms, the Privacy notice, the Payments, cancellations and refunds and Delivery, revisions and changes policies, the Intellectual property, licenses and use of AI policy and the Cookies and local storage.

If you disagree with any part, don't use the site or hire the service.

2. Using the site

The site is informational. The texts, marks, logos, designs, images and videos of the Studio and its clients are protected by applicable law. You may view them and share links; you may not copy, modify or use them commercially without written permission.

Prices, timing and deliverables on the site are for reference and are confirmed in the quote. We may correct obvious errors on the site at any time.

Don't use the site for unlawful activity, to try to breach its security or to send offensive content or spam.

3. Scope, quote and hiring

The scope of each job is defined by the package you choose or the accepted quote. Anything not in them is out of scope.

Quotes are valid for 15 calendar days. After that, prices and dates may change.

Hiring is complete when you pay the deposit or confirm the accepted quote in writing (via WhatsApp), whichever happens first. Until then there's no obligation to reserve dates or start work.

The Studio may decline projects for lack of availability or for content that is unlawful, immoral or against platform policies.

4. Prices, currency and taxes

Prices on the site are expressed in Mexican pesos (MXN) with a reference equivalent in US dollars (USD). The USD equivalent is not a separate offer: it may vary with the exchange rate confirmed in the quote.

Unless the quote says otherwise, prices don't include VAT or other applicable taxes. Invoicing details are in the Payments, cancellations and refunds policy.

5. Client materials and obligations

You are responsible for the truthfulness of the information and materials you give us (logos, texts, photos, videos, music, product data, nutrition tables and similar).

You warrant that you hold the necessary rights or licenses to them and that their use doesn't infringe third-party rights. If a third party makes a claim against the Studio over that material, you must answer it and keep the Studio free of liability.

You must deliver on time the brief, materials, access and approvals each step needs. Client delays move the dates, as the Delivery, revisions and changes policy explains.

6. No guarantee of results

The Studio undertakes to provide the services with the agreed diligence and professional quality (an obligation of means). It doesn't guarantee sales results, reach, followers, return on investment or the performance of ads, social media, pages or funnels, because they depend on factors the Studio doesn't control.

7. Unforeseen changes and scope changes

New deliverables, brief changes and changes of direction after a stage was approved count as new work and require a new quote.

The rules on revisions, session rescheduling, rush jobs and last-minute changes are in the Delivery, revisions and changes policy.

8. Additional costs

Some costs aren't included in the packages and are quoted or paid separately when they apply:

• Travel and transport outside the coverage area.
• Locations, permits, models or talent, props and supplies.
• Music, typefaces, images and other licensed resources the project requires.
• Printing, physical production, die-cuts and shipping.
• Ad spend, which you pay directly to the platform.
• Domains, hosting, maintenance and third-party tools.
• Additional versions or formats and extra revisions.
• Rush deliveries, with a 30% surcharge.

We'll tell you before incurring any additional cost and won't do so without your acceptance.

9. Terms by type of service

In addition to the above, these specific terms apply.

Photo and video sessions

• Cancellation and rescheduling: governed by the Delivery, revisions and changes policy.
• Weather: if the session is outdoors and the weather prevents safe or quality work, it's rescheduled at no charge.
• Location access and permits: you secure them when the location isn't the Studio's. If there's no access, the rescheduling fee applies.
• Image release: you collect the release from the people who appear and answer for it.
• Products and samples: the Studio looks after them during the session and returns them in the same condition. Perishable or high-value products are agreed beforehand.

Print and packaging

• Screen versus print: on-screen colors (RGB) can look different from print (CMYK). For color-sensitive jobs we recommend ordering a printed proof.
• Final proof: approving the final on-screen proof means approving its text, prices, phone numbers and details. Approved text errors are the client's responsibility.
• Printer: printing times, costs and errors by suppliers are outside the Studio's control, although it will help you claim if the delivered file was correct.
• Dimensions and die-cuts: the ones you provide are considered correct; the Studio isn't liable for wrong dimensions it received.

Social media and advertising

• The accounts and access are yours. The Studio uses them only for the service and won't ask for your password: it works with admin or collaborator access.
• Platform policies (Meta, TikTok, Google and others) change and can limit content, reach or ads.
• Account or ad suspensions, blocks or rejections are the platform's decision and outside the Studio's control.
• Ad budget is separate, you pay it to the platform and it isn't part of the service price.

Web catalog and sales funnels

• Hosting, domain, maintenance and third-party services aren't included unless the quote says so. Their costs and renewals are your responsibility.
• Access, domain and hosting are defined from the start and stay in your name.
• Follow-up support covers errors attributable to the Studio for 15 days. Changes or new content after that are quoted.

10. Third parties and AI tools

The Studio may rely on third-party providers and tools, including artificial intelligence tools, always under human supervision. Details are in the Intellectual property, licenses and use of AI policy and the Privacy notice.

11. Confidentiality

Both parties will keep confidential the non-public information they receive from the other for the project and use it only for that purpose. Information that is public, already known or required to be disclosed by an authority isn't confidential. If you need a formal confidentiality agreement, ask for it before sending us sensitive information.

12. Limitation of liability

To the extent the law allows, the Studio's total liability to you for any claim related to a service is limited to the amount actually paid for the affected service. The Studio isn't liable for indirect damages, loss of profit, lost opportunities, sales or data, or for acts of third parties or platforms.

Nothing above limits liabilities that the law doesn't allow to be limited.

13. Communication

The official channel is WhatsApp, at the number shown on the site (+52 446 101 3238). We reply Monday to Friday, 10:00 to 18:00 (Mexico City time), with a reply within one business day. Approvals, scope changes and cancellations must be in writing on one of those channels.

14. Governing law and jurisdiction

These terms are governed by the federal laws of the United Mexican States. Before going to court, the parties will try to resolve any dispute amicably through direct communication for at least 15 calendar days.

If there's no agreement, they submit to the competent courts stated in the service contract or, failing that, those that apply under the governing law, waiving any other jurisdiction that might apply because of their present or future address. This doesn't affect any rights the law grants you as a consumer.

15. Changes and effective date

The Studio may update these terms. The current version is the one published on the site with its last-updated date. Changes don't affect projects already hired, which are governed by the version in force at the time of hiring.

If any point is found invalid, the rest remains in force. The Spanish version prevails over the English translation.