Terms and Conditions

1. Introduction

This Terms of Use Agreement (the “Agreement”) constitutes a legally binding agreement by and between Unlikely (“Unlikely,” “we,” “us,” or “our'') and the client (“Client” or “you”), with regard to access and use of Unlikely’s website: www.gounlikely.com (the “Website”) and any other media form, channel, mobile website, or mobile application related, linked, or otherwise connected thereto. By accessing or using our services, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, you must discontinue use immediately.

2. Intellectual Property Rights

Unless otherwise indicated, the Website is the property of Unlikely and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by Unlikely or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights. The Content and Marks are provided on the site “as is” for your information and personal use only. No part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

3. Ownership of Materials

a. Client Ownership

Upon receipt of full payment, the client shall own the final deliverables, including branding materials, logos, and other design assets created as part of the Comprehensive Branding Package or Design On-Demand Subscription. This means the client has full control over the final deliverables, including the right to use them for business purposes.

b. Unlikely's Use

Notwithstanding the client’s ownership of the final deliverables, Unlikely retains the right to showcase the work in our portfolio, on our website, and in promotional materials unless otherwise agreed upon in writing by the client. This right does not affect the client’s ownership of the deliverables but serves to give Unlikely the ability to showcase the work publicly.

c. Licensing

While the client owns the final deliverables, they are granted a non-exclusive, irrevocable, and worldwide license to use the final branding materials for business purposes. The client is prohibited from sub-licensing, reselling, or transferring the rights of the branding materials to any third party. If you think you might be interested in purchasing full ownership of your branding materials, please let us know and we will provide a detailed fact sheet to help you decide.

4. Services

Unlikely offers the following services:

• ‍Brand Strategy and Consultation: Providing expert advice and strategic guidance to refine and develop your brand’s positioning, messaging, and visual identity.
• Branding and Design: The creation of custom logos, brand identity designs, brand guidelines, and other brand materials tailored to the client’s business objectives.
• Design On-Demand Subscription: A subscription service offering ongoing branding and design services on a monthly basis.

Our services are not inclusive of website design and development, except when provided as part of the Design On-Demand Subscription.

5. Engagement and Payment

a. Service Engagement

Clients can review our services through our website, after which they will proceed to book a free strategy session or request a proposal. Full payment must be made prior to the commencement of services. Upon payment and completion of the onboarding process, Unlikely will begin the work.

b. Payment Terms

All financial transactions for our services are securely processed using credit cards via Stripe, a globally recognised and trusted payment gateway. This ensures that your sensitive data is handled with the utmost security and confidentiality. Clients must provide accurate payment information and ensure timely payment to avoid delays in service delivery.

6. Refunds, Termination and Cancellations

• 14-Day Money-Back Guarantee: Clients are entitled to a 14-day money-back guarantee from the commencement of the service (either the Comprehensive Branding Package or Design On-Demand Subscription). If the client is dissatisfied with the services, they may request a full refund within the first 14 days. The guarantee is only applicable once per client and does not reset each month for subscription services.
• Cancellation of Subscriptions: Clients may cancel their Design On-Demand Subscription at any time. If the subscription is canceled before the end of the month, the client may continue to utilise the remaining days of the subscription period. If the client cancels after the 14-day money-back period, no refunds will be provided. Clients may also pause their subscription at any time, which will halt all work without requiring cancellation. A paused subscription can remain paused for up to 3 months, after which it will be terminated due to inactivity.
• Agency’s Right to Suspend or Terminate Services: Unlikely reserves the right to suspend or terminate the provision of services at any time without notice, at its sole discretion. In such cases, refunds may be provided at the discretion of Unlikely, depending on the extent of the work completed.

7. Revisions and Project Terms

• Branding Package Revisions: Clients who purchase the Comprehensive Branding Package are entitled to two rounds of revisions to the branding materials. Additional revisions will incur additional charges, which will be agreed upon before any further work commences.
• Design On-Demand Subscription Revisions: Clients who subscribe to the Design On-Demand Subscription are entitled to unlimited revisions, designs and projects with only one project to be worked on at a time.
• Additional Work: Any work outside of the scope of the agreed services, including but not limited to additional design requests or changes not initially outlined in the project brief, will be considered additional work and may be subject to additional charges.

8. Third-Party Services

Unlikely uses third-party services, such as Cal.com for calls, Stripe for payment processing, Typeform for forms and Orchestra for the client portal. By using our services, you consent to sharing your data with these third parties to improve service delivery. However, Unlikely is not responsible for the actions, privacy policies, or services provided by third parties.

9. User Representations

By using the Website and engaging with Unlikely’s services, you represent and warrant that:

• You have the legal capacity and agree to comply with these Terms of Use;
• You are not a minor in the jurisdiction of your domicile;
• You will not access the Website through automated or non-human means;
• You will not use the Website for any illegal or unauthorised purpose;
• Your use of the Website will not violate any applicable law or regulation.

10. Prohibited Activities

You shall not access or use the Website for any purpose other than that for which the Website is made available. The Website may not be used in connection with any commercial endeavours except those related to the work performed by Unlikely on your behalf. Prohibited activities include, but are not limited to:

• Making unauthorised use of the Website;
• Retrieving data or content to create a database or directory;
• Circumventing, disabling, or otherwise interfering with security-related features;
• Engaging in unauthorised framing or linking to the Website;
• Deceiving or misleading us or other users;
• Interfering with, disrupting, or creating an undue burden on the Website;
• Using the Website in an effort to compete with Unlikely;
• Deciphering, decompiling, disassembling, or reverse engineering any software on the Website;
• Harassing, annoying, intimidating, or threatening our employees or agents;
• Uploading or transmitting viruses, Trojan horses, or other harmful material;
• Using the Website in a manner inconsistent with any applicable laws or regulations.

11. User Data

You are solely responsible for all data transmitted or that relates to any activity you have undertaken using the Website. We shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us for any such loss or corruption.

12. Electronic Communications, Transactions, and Signatures

By using the Website, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Website.

13. Disclaimer

The Website is provided on an as-is, as-available basis. You agree that your use of the Website and our services will be at your sole risk. We disclaim all warranties, express or implied, in connection with the Website and your use thereof, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Website’s content or the content of any websites linked to the Website.

14. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

• Your use of the Website;
• Your breach of these Terms of Use;
• Any breach of your representations and warranties set forth herein;
• Your violation of the rights of a third party, including but not limited to intellectual property rights.

15. Termination

We reserve the right to terminate your access to the Website and our services at any time, without notice, for any reason, including for a breach of these Terms. You may also terminate your subscription at any time through your account settings.

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Australia. In the event of a dispute, both parties agree to seek an amicable resolution. If an agreement cannot be reached, disputes will be resolved in the courts of New South Wales, Australia.

17. Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

18. Contact Information

For any questions or concerns regarding these Terms, please contact us at:

• Email: hello@gounlikely.com
• Address: PO BOX 4069, EDGEWORTH NSW 2285, AUSTRALIA

Special Offer Terms: "Design Your New Branding Within 60 Days or Receive $1,000"

1. Eligibility

This offer is available exclusively to clients who have purchased the Comprehensive Branding Package or a Design On-Demand Subscription.

Notwithstanding the foregoing, if the client has a Design On-Demand Subscription and requires more than two rounds of revisions, the offer shall be deemed void, as the scope of services exceeds that of the Comprehensive Branding Package.

2. Offer Details

Unlikely guarantees that the branding project will be completed within 60 days from the commencement of the project, subject to the client fulfilling the following conditions:

• Completion of the onboarding meeting.
• Provision of all necessary materials, feedback, and information required for the execution of the project, as confirmed in the post-meeting email correspondence.

The 60-day period shall commence once the onboarding meeting is completed and the client has submitted the necessary materials and information in accordance with the confirmation email.

3. Project Timeline and Client Delays

• Adherence to Timeline: The client shall be provided with a clear and detailed timeline for the completion of the project. The client must adhere to the agreed-upon timeline for the offer to remain valid. Any delays caused by the client in failing to meet deadlines may result in the disruption of Unlikely’s ability to fulfil its obligations under this guarantee.
• Failure to Meet Deadlines: Should the client fail to meet any deadline specified in the timeline, the client shall forfeit their right to claim the $1,000 refund.
• Unlikely's Failure to Meet Deadlines: In the event that Unlikely fails to deliver the completed branding project within the 60-day period, the client shall remain eligible for the $1,000 refund. However, the refund shall not be issued automatically; it will only be processed upon failure to deliver the final branding materials within the 60-day period.

4. Refund Eligibility

• Refund Process: If the client qualifies for the $1,000 refund, such refund will be issued to the payment method originally used to initiate the project.
• Confirmation of Payment Method: Prior to processing the refund, an email will be sent to the client requesting confirmation that the payment method used to pay for the services remains valid.

5. Limitation of the Offer

• The $1,000 refund is available only for each unique brand. A refund may be claimed for each distinct branding project, regardless of whether the client is a separate business entity or engaged in multiple projects.
• The Design On-Demand Subscription qualifies for this offer, provided that the scope of the subscription aligns with the scope of the Comprehensive Branding Package. If the scope deviates, including but not limited to the addition of extra rounds of revisions or services beyond the standard offering, the client shall forfeit eligibility for this offer.

6. Free Essential Social Media Pack

• If the client has been deemed eligible for the Free Essential Social Media Pack, the delivery of this pack shall be outside of the 60-day guarantee window and is not a requirement under the $1,000 refund offer.
• The delivery of the Free Essential Social Media Pack will be completed once the branding project has been delivered, and the timeline for its delivery is separate from the 60-day period for the guarantee.

7. Ownership and Rights

The terms of this offer are strictly related to the timeline for delivery and do not affect the ownership or licensing rights of the branding materials. Ownership rights will be governed in accordance with Unlikely’s standard Terms & Conditions.

8. Modifications to the Offer

• Once the client has enrolled in this offer, the terms herein shall be final and non-modifiable. Any amendments or alterations to the offer will only apply to clients who sign up after such modifications are made.