terms
When you hire BlackStone Studio for any services and/or goods you are agreeing to all of the terms as written here. BlackStone Studio reserves the right to change or update these terms at any time without
prior notice.
Websites • Blogs • Online Store • Hosting • Domain Registration • Logos
Graphic Design Projects • Photography • Stock Files • Printing • Proposals & Agreements
Payment • Refunds • Non-Communication • Privacy Policy • Liability
Copyright, Ownership and Use
All files by BlackStone Studio are property of BlackStone Studio or have been licensed to BlackStone Studio by a third party, therefore any development or source files used to create the website graphics or elements will not be released. Under no circumstances shall a BlackStone Studio website be duplicated, sold or redistributed. The client may not alter, reuse or sell the design or coding provided by BlackStone Studio unless agreed upon otherwise by both parties. All preliminary proofs including graphics, layouts, etc., remain the full property of BlackStone Studio and may be used in future projects for other clients.
The content of a website can be copyrighted by the client, but the design and coding are property of BlackStone Studio or have been licensed to BlackStone Studio by a third party. The client can only copyright the text, images, audio, video or elements he/she provided, but not the website itself.
If at any time the client decides to terminate the work relationship, the website files will remain with BlackStone Studio. The client understands that they will not own any of the files created by BlackStone Studio unless agreed upon otherwise by both parties. The client also understands that BlackStone Studio does not currently provide a way to transfer any database information to a new database or system.
Client’s Responsibility
The client will provide the content for the website. Any text, images, audio, video or elements provided must be owned by the client or they must have permission to use it. Under no circumstances will BlackStone Studio be held liable for content provided by a client for a website. The client will be responsible for paying any and all legal expenses that are a result of a lawsuit against BlackStone Studio for graphics, images and/or content which are provided and used by the client.
BlackStone Studio does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any information on a client's website. The client is entirely responsible for the content of the website and any harm resulting from it, whether the content in question constitutes text, graphics, pictures, audio files or software.
BlackStone Studio is not responsible for backing up website content. BlackStone Studio will only back up the initial design layout and websites files. Clients are responsible for keeping a copy or a backup of any content they place on the website, especially when BlackStone Studio grants them access to edit their own website. BlackStone Studio will not be held responsible for any changes that the client makes to the website, whether that be adding, editing or deleting information.
Compatibility and Web Compliance
The client understands that websites created by BlackStone Studio may not be compatible or look the same in every web browser. BlackStone Studio checks compatibility on the most recent versions of popular web browsers, on both Mac and PC platforms, but cannot guarantee that the website will be fully compatible will all. Furthermore, the scripts or codes used by BlackStone Studio to create the websites may not be compliant with all web standards.
SEO
BlackStone Studio does not offer SEO (Search Engine Optimization) and therefore cannot guarantee that the client's website will be ranked organically on search engines. However, BlackStone Studio does try to keep all websites search engine friendly.
Link Back
All BlackStone Studio websites will have a link back to BlackStone Studio and the proper accreditation to the work. Clients may not remove this link unless agreed upon otherwise by both parties.
In some cases, websites by BlackStone Studio may contain open source, general public license, freeware scripts, codes or files that may require attribution in the source code. For this reason, clients may not remove any attribution or credits added by BlackStone Studio at any time.
Copyright, Ownership and Use
All files by BlackStone Studio are property of BlackStone Studio or have been licensed to BlackStone Studio by a third party, therefore any development or source files used to create blog graphics or elements will not be released. Under no circumstances shall a BlackStone Studio blog design be duplicated, sold or redistributed. The client may not alter, reuse or sell the design provided by BlackStone Studio unless agreed upon otherwise by both parties. All preliminary proofs including graphics, layouts, etc., remain the full property of BlackStone Studio and may be used in future projects for other clients.
BlackStone Studio uses WordPress.org blog software, which is free software released under a GPL license. BlackStone Studio also uses the WordPress.org default theme and plug-ins that can extend the blog’s functionality, all of which are also under a GPL license. Therefore, the client may not copyright the blog, theme or plug-ins themselves.
The client can copyright the text, images, audio, video or elements he/she provided for the blog. The client is also free to backup, export and reuse any content they have published on the blog. However, the client may not copyright, backup, export or reuse any design, graphics or elements provided by BlackStone Studio for the blog, as these remain property of BlackStone Studio or have been licensed to BlackStone Studio by a third party.
If at any time the client decides to terminate the work relationship, the blog files will remain with BlackStone Studio. The client understands that they will not own any of the files created by BlackStone Studio unless agreed upon otherwise by both parties. The client also understands that BlackStone Studio is not responsible for transferring any blog posts a new software or system.
Client’s Responsibility
The client will provide and publish the content for the blog. Any text, images, audio, video or elements provided must be owned by the client or they must have permission to use it. Under no circumstances will BlackStone Studio be held liable for content provided or published by a client for a blog. The client will be responsible for paying any and all legal expenses that are a result of a lawsuit against BlackStone Studio for graphics, images and/or content which are provided and used by the client.
BlackStone Studio does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any information on a client's blog. The client is entirely responsible for the content of the blog and any harm resulting from it, whether the content in question constitutes text, graphics, pictures, audio files or software.
BlackStone Studio is not responsible for backing up blog content. BlackStone Studio will only back up the initial design layout and blog files. Clients are responsible for keeping a copy or a backup of any content they place on the blog. BlackStone Studio will not be held responsible for any changes that the client makes to the blog, whether that be adding, editing or deleting information. The client also understands that BlackStone Studio uses WordPress.org blog software, and is not responsible for technical or plug-in malfunctions that may cause content to be lost or damaged.
Compatibility and Web Compliance
The client understands that blogs setup by BlackStone Studio may not be compatible or look the same in every web browser. BlackStone Studio checks compatibility on the most recent versions of popular web browsers, on both Mac and PC platforms, but cannot guarantee that the blog will be fully compatible will all. Furthermore, the scripts or codes used by BlackStone Studio to setup the blog may not be compliant with all web standards.
SEO
BlackStone Studio does not offer SEO (Search Engine Optimization) and therefore cannot guarantee that the client's blog will be ranked organically on search engines. However, BlackStone Studio does try to keep all blogs search engine friendly.
Link Back
All BlackStone Studio blogs will have a link back to BlackStone Studio and the proper accreditation to the work. Clients may not remove this link unless agreed upon otherwise by both parties.
In some cases, blogs by BlackStone Studio may contain open source, general public license, freeware scripts, codes or files that may require attribution in the source code. For this reason, clients may not remove any attribution or credits added by BlackStone Studio at any time.
Copyright, Ownership and Use
All files by BlackStone Studio are property of BlackStone Studio or have been licensed to BlackStone Studio by a third party, therefore any development or source files used to create the online store graphics or elements will not be released. Under no circumstances shall a BlackStone Studio online store be duplicated, sold or redistributed. The client may not alter, reuse or sell the design or coding provided by BlackStone Studio unless agreed upon otherwise by both parties. All preliminary proofs including graphics, layouts, etc., remain the full property of BlackStone Studio and may be used in future projects for other clients.
The content of an online store can be copyrighted by the client, but the design and coding are property of BlackStone Studio or have been licensed to BlackStone Studio by a third party. The client can only copyright the text, images, audio, video or elements he/she provided, but not the online store itself.
If at any time the client decides to terminate the work relationship, the online files will remain with BlackStone Studio. The client understands that they will not own any of the files created by BlackStone Studio unless agreed upon otherwise by both parties. The client also understands that BlackStone Studio does not currently provide a way to transfer any online store products/services to a new store or shopping cart system.
Client’s Responsibility
The client will provide the content and product/services for the online store. Any text, images, audio, video or elements provided must be owned by the client or they must have permission to use it. The client is solely responsible for the products/services the sell on the online store. Under no circumstances will BlackStone Studio be held liable for content or product/services provided by a client for an online store. The client will be responsible for paying any and all legal expenses that are a result of a lawsuit against BlackStone Studio for graphics, images, content and/or product/services which are provided, used and sold by the client.
BlackStone Studio does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any information or of any products/services being sold on a client's online store. The client is entirely responsible for the content and products/services of the online store and any harm resulting from them, whether the content in question constitutes text, graphics, pictures, audio files or software and for any types of products or services.
BlackStone Studio is not responsible for backing up the online store content. BlackStone Studio will only back up the initial design layout and online store files. Clients are responsible for keeping a copy or a backup of any content they place on the online store. BlackStone Studio will not be held responsible for any changes the client makes to the online store, whether that be adding, editing or deleting information. The client understands that any modifications they do are permanent and all changes are done live.
PayPal Integration
BlackStone Studio sets up online stores that work only with PayPal "Website Payments Standard". Clients must have a PayPal Merchant account to be able to use the online store. The online store allows clients to manage and create PayPal "Website Payments Standard" buttons on their own through an admin access area. The buttons are automatically created in their PayPal account and placed on a personalized storefront page on their website simultaneously. The online store offers several features, all limited by the features offered by PayPal under their "Website Payments Standard".
Clients are solely responsible for setting up their account information, tax rates, shipping preferences and shipping calculations through PayPal directly. The client understands that PayPal is processing their transactions and not BlackStone Studio. BlackStone Studio is not involved in a client’s agreement with PayPal and the fees that PayPal may charge them per transaction.
Under no circumstances shall BlackStone Studio create, access or manage a client's PayPal account. BlackStone Studio will not be held responsible for any issues related to the client’s PayPal account information, settings or costs. Furthermore, BlackStone Studio does not require any client’s PayPal login information. The online store communicates with PayPal through an interface called API credentials (Application Programming Interface).
If the client chooses not to setup an online store interface, but instead have BlackStone Studio integrate and customize PayPal "Website Payments Standard" buttons on their website manually. The client will be responsible for creating the buttons within their PayPal account, and providing BlackStone Studio with the generated code.
Compatibility and Web Compliance
The client understands that online stores created by BlackStone Studio may not be compatible or look the same in every web browser. BlackStone Studio checks compatibility on the most recent versions of popular web browsers, on both Mac and PC platforms, but cannot guarantee that the online store will be fully compatible will all. Furthermore, the scripts or codes used by BlackStone Studio to create the online may not be compliant with all web standards.
SEO
BlackStone Studio does not offer SEO (Search Engine Optimization) and therefore cannot guarantee that the client's online store will be ranked organically on search engines. However, BlackStone Studio does try to keep all online stores search engine friendly.
Link Back
All BlackStone Studio online stores will have a link back to BlackStone Studio and the proper accreditation to the work. Clients may not remove this link unless agreed upon otherwise by both parties.
In some cases, online stores by BlackStone Studio may contain open source, general public license, freeware scripts, codes or files that may require attribution in the source code. For this reason, clients may not remove any attribution or credits added by BlackStone Studio at any time.
Due to security and technical reasons, as of April 2010, anyone that hires BlackStone Studio for any online or web application will require to use BlackStone Studio's hosting. BlackStone Studio will no longer accept clients that want to use their own hosting provider.
Clients that use BlackStone Studio’s hosting will not have access to the cpanel. BlackStone Studio will setup, manage and support any hosting requirements for them.
Any pre-existing BlackStone Studio client that has been using their own hosting provider, based on a proposal presented before April 2010, will not be required to change to BlackStone Studio hosting.
The following terms apply to clients that have their own hosting provider:
Copyright, Ownership and Use
BlackStone Studio will require access to the client’s hosting provider for the sole purpose of installing, updating and uploading files. All files uploaded by BlackStone Studio are property of BlackStone Studio or have been licensed to BlackStone Studio by a third party, so the client may not download, redistribute, alter, reuse or sell these files at any time. These files do not belong to the client.
If at any time the client decides to terminate the work relationship, the files will be removed from their hosting provider. BlackStone Studio must be given access to the client's hosting provider to remove these files. The client understands that they do not own any of the files, and therefore cannot give any other web or graphic designer access to these files. The client also understands that BlackStone Studio does not currently provide a way to transfer any database information to a new database or system.
Client’s Responsibility
The client that uses their own hosting provider will be solely responsible for any and all hosting service charges. The client understands that when using another hosting provider, BlackStone Studio does not provide technical support for it.
Clients can purchase, register, renew and manage their domain on their own, or they can have BlackStone Studio do it for them. BlackStone Studio can transfer the domain back to the client at any time, but if there are any fees related to the transfer, the client is responsible to pay those fees.
Copyright, Ownership and Use
The client will receive the following final logo design file formats to use freely: EPS, PDF, High Res JPG and JPG saved for web.
BlackStone Studio designs logos using only fonts which are licensed to BlackStone Studio or that are free to use for commercial purposes, therefore the client may not copyright/trademark any of them. The fonts used in the logo files will be converted to outlines/curves. BlackStone Studio will not distribute any fonts used in a logo.
BlackStone Studio retains the right to reproduce, publish and display any logo created for a client on any online or offline portfolio, for the purpose of creative recognition, professional advancement and service advertising. Furthermore, BlackStone Studio will retain full ownership of development files used to create the artwork and any preliminary proofs including graphics, layouts, etc., and may use them in future projects for other clients.
Client’s Responsibility
BlackStone Studio may also use fonts which have been provided by the client. Any fonts provided must be owned by the client or they must have permission to use them. The client will be responsible for paying any and all legal expenses that are a result of a lawsuit against BlackStone Studio for fonts which are provided and used by the client. Fonts provided by a client will not be used on any other project or for any other BlackStone Studio client.
All logos designed by BlackStone Studio are in CMYK color mode, unless otherwise requested by the client. The client understands that colors may vary from screen to screen and may print differently in every printer. It is the client’s responsibility to choose a Pantone color if necessary or to direct a printer in matching the color that they want. Under no circumstances shall BlackStone Studio be held responsible for any issues related to color output or variation of a client’s logo.
Pre-Designed Logos
BlackStone Studio also sells pre-designed logos. These logos are not templates and will only be sold to one buyer. The terms above still apply.
Copyright, Ownership and Use
When designing any type graphic design project such as, but not limited to, a flyer, a postcard, a poster, an ad or business cards, the client may request to receive the final design file for such project. Depending on the elements used on the design, and if such elements are not under a license, BlackStone Studio may agree to release the final finished product file in a non-editable format to the client. However, BlackStone Studio will retain full ownership of development files used to create the artwork and any preliminary proofs including graphics, layouts, etc., remain the full property of BlackStone Studio and may be used in future projects for other clients.
Under no circumstances shall a BlackStone Studio graphic design be duplicated, sold or redistributed. The client may not alter or reuse the design that is provided by BlackStone Studio. BlackStone Studio retains the right to reproduce, publish and display the artwork or design created for a client on any online or offline portfolio, for the purpose of creative recognition, professional advancement and service advertising.
Client’s Responsibility
If the client uses a different print company, the client will receive a printer quality design file for their project for the sole purpose of printing it. BlackStone Studio may also send the file directly to the client's printer, but BlackStone Studio will not be held responsible for any issues related to the print job. The client will be solely responsible for any and all printer service charges when using their own print company.
All graphic design projects by BlackStone Studio are in CMYK color mode, unless otherwise requested by the client, or when they are meant for online viewing only in which case the are in RGB color mode. The client understands that colors may vary from screen to screen and may print differently in every printer. It is the client’s responsibility to choose a Pantone color if necessary or to direct a printer in matching the color that they want. Under no circumstances shall BlackStone Studio be held responsible for any issues related to color output or variation of a client’s graphic design project.
Template Projects
BlackStone Studio also sells template graphic design projects such as, but not limited to, personal stationery that can be personalized to a client’s needs. The client understands that when purchasing projects based on templates, the same design can be sold to multiple BlackStone Studio clients.
Copyright, Ownership and Use
BlackStone Studio will retain ownership and copyright to all the pictures taken by BlackStone Studio. Depending on the project, the client may be granted permission by BlackStone Studio to print, publish or reproduce a selected number of photographs in JPG format. BlackStone Studio does not release any RAW files.
BlackStone Studio photographs must be credited when they are posted online, regardless of any permission given to the client. BlackStone Studio retains the right to reproduce, publish and display any pictures taken for the client on any online or offline portfolio, for the purpose of creative recognition, professional advancement and service advertising.
Slide Shows
BlackStone Studio will sometimes provide photo slide shows in YouTube format for clients to share on social media. Any graphics or audio used in the slide shows are property of BlackStone Studio or have been licensed to BlackStone Studio by a third party, therefore the client may not duplicated, alter, reuse or sell the slideshow. The client is only allowed to link to it or embed it.
Photography Tools
BlackStone Studio sells tools for photographers such as, but not limited to, actions and overlays. All photography tools may have varied results. Not all tools may be compatible with all computers or programs.
BlackStone Studio’s photography tools can be purchased under a personal or commercial license. Personal license means you can use it only for personal projects. Commercial license means you can use it for any commercial project for your business.
Under no circumstances shall a BlackStone Studio photography tool be duplicated, sold or redistributed.
Licensing and Use
In some cases, BlackStone Studio may agree to purchase files on behalf of the client. These files can be stock photography, stock video, stock animation, etc. If at any time the client decides to terminate the work relationship with BlackStone Studio, the files purchased on their behalf will be released to the client in their original format. Stock files bought by BlackStone Studio on behalf of a client will not be used on any other project or for any other BlackStone Studio client.
The client understands that when using stock files, there are license agreements that must be followed. Although BlackStone Studio may purchase a stock file on a client's behalf, the client is solely responsible for respecting the stock file's license and usage limitations. Under no circumstances will BlackStone Studio be held liable for the misuse of a stock file by the client.
In some cases, BlackStone Studio may use stock files in a client's project that were bought by BlackStone Studio and licensed to BlackStone Studio only. BlackStone Studio may charge a fee for customizing and setting up the file to fit the client's needs, but the file will not be sold or transferred to the client at any time. Furthermore, if the stock file license allows it, BlackStone Studio may use the same stock file in several client projects. The client understands that in this case, the stock file is not bought on their behalf, and is licensed to BlackStone Studio only.
Black Stone Studio currently offers a digital color printing process, and cannot guarantee a perfect color match to specific colors, not even on reprints of the same project.
Proposals provided to clients will be honored for 30 days. A new proposal will then be provided upon request. Clients can approve a proposal by signing it or by sending a clear email approval for that proposal.
An approved proposal is considered a binding contract. All proposals indicate that when you hire BlackStone Studio for any services and/or goods you are agreeing to all of the terms as written on this web page.
Once a proposal is approved, BlackStone Studio will also require a signed agreement that will describe the project in detail, as well as terms that it is subject to.
BlackStone Studio requires a 50% deposit on all projects. BlackStone Studio currently accepts cash, checks and PayPal payments. Paying with a credit card through PayPal will have an added processing fee.
Deposits are non-refundable. If the client paid in full and the project had to be terminated before it was completed, a partial refund can be issued based on the amount of work that was done.
If BlackStone Studio is unable to communicate with a client on a project for a duration of 15 days by phone or email during the design and development process, the project will be canceled without prior notice and no refund will be issued.
BlackStone Studio does not share any information you provide to us to any parties (public or private). BlackStone Studio may use your email address to send you news, offers or specials related only to BlackStone Studio. However, any email marketing sent to you from BlackStone Studio will give you the option to unsubscribe.
All services and/or goods purchased from BlackStone Studio are provided "as is" without warranty of any kind that they will be uninterrupted, timely, secure or error free.
In no event will BlackStone Studio be liable to the client or any third party for any direct, indirect, special, punitive, incidental, or consequential damages. This includes, without limitation, lost profits, business interruption, loss of data or other losses directly resulting from the use of services, and/or goods provided by BlackStone Studio to the client.
