terms
When you hire us 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
All files by BlackStone Studio are property of BlackStone Studio or have been licensed to BlackStone Studio by a third party, therefore any website, development or source files will not be released. Under no circumstances shall a BlackStone Studio website, blog or design be duplicated, sold or redistributed. The client may not alter, reuse or sell the design or coding that is provided by BlackStone Studio. 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 the site 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 information and the images he/she provided to use on the site, but not the website itself.
If at any time the client decides to terminate the work relationship with BlackStone Studio, the website files will remain with BlackStone Studio. BlackStone Studio does not sell the website files to clients. The client understands that they do not own any of the website files.
The client will provide the content for the website, blog or design. Any text or images 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 on a client website, blog, design or print project. 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, article or entry posted on a client's website, blog or design. The client is entirely responsible for the content of any website, blog or design, and any harm resulting from it, whether the content in question constitutes text, graphics, pictures, audio files or software.
In some cases, BlackStone Studio will give clients access to edit their own website content. BlackStone Studio will not be held responsible for any changes the client makes. Furthermore, BlackStone Studio is not responsible for backing up blog content, entries or posts. BlackStone Studio will only back up the initial design layout and coding for both websites and blogs, but not for the content displayed on them, created or written by the client. The client also understands that BlackStone Studio uses WordPress blogs, and is not responsible for technical or plug-in malfunctions that may cause content to be lost or damaged.
The client understands that the websites and blogs created by BlackStone Studio may not be compatible or look the same in every web browser. BlackStone Studio checks browser compatibility on the most recent versions of popular web browsers, on both Mac and PC platforms, but cannot guarantee that the website or blog will be compatible will all. Furthermore, the scripts or codes used in the websites and blogs created or programmed by BlackStone Studio may not be compliant with all web standards.
BlackStone Studio does not offer SEO (Search Engine Optimization) and therefore cannot guarantee that the client's website or blog will be ranked organically on search engines. However, BlackStone Studio does try to keep websites search engine friendly.
Hosting
Due to security and technical reasons, as of April 2010, BlackStone Studio will require clients to use BlackStone Studio's hosting when hired to design a website or blog. BlackStone Studio will no longer accept clients that want to use their own hosting provider.
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. Clients that are allowed to have their own hosting provider are required to follow the terms below:
If the client chose to use their own hosting provider, BlackStone Studio will require access for the sole purpose of installing, updating and uploading the website files. All website 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. The website files do not belong to the client.
If at any time the client decides to terminate the work relationship with BlackStone Studio, the website files will be removed from their hosting provider. BlackStone Studio must be given access to the client's hosting provider to remove these files. BlackStone Studio does not sell the website files to clients. The client understands that they do not own any of the website files, and therefore cannot give any other web or graphic designer access to these files.
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.
Domain Registration
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.
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 and blogs created and designed by BlackStone Studio may contain open source, general public license or freeware scripts, codes or files that may require attribution in the source code of the website or blog. For this reason, clients may not remove any attribution or credits added by BlackStone Studio within the source code or on the website at any time.
Logos
The client will receive the logo design files upon completion to use freely. The fonts used in the logo files will be converted to outlines/curves. BlackStone Studio will not redistribute any fonts used in a logo.
BlackStone Studio designs logos that use 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. 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.
BlackStone Studio retains the right to reproduce, publish and display any the 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.
Other Graphic Design Projects
When designing any type graphic design project such a flyer, a postcard, a poster or an ad, 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 retains ownership of the original digital development files for any project.
If the client uses a different print company, the client will receive a printer quality design file for their graphic design 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.
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. Furthermore, 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.
Photography
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 that will be burned on a CD for them 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.
Stock Files
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. Any modifications or custom changes made by BlackStone Studio will not be provided.
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 design or web 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.
PayPal Integration
If the client has an account with PayPal, BlackStone Studio is able to integrate PayPal "Website Payments Standard" buttons. The client will be responsible for creating the buttons and providing BlackStone Studio with the code generated by PayPal. BlackStone Studio can customize the PayPal buttons so they look cohesive with the overall design of the website.
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.
Printing
Black Stone Studio currently offers digital four color printing process, and cannot guarantee a perfect color match to specific colors, not even on reprints of the same project.
Proposals & Contracts
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.
Payment
BlackStone Studio currently accepts cash, checks and PayPal payments. Paying with a credit card through PayPal will have an added processing fee.
Refunds
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.
Non-Communication
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.
Privacy Policy
BlackStone Studio does not share any information you provide to us to any parties (public or private).
Liability
Services and/or goods purchased from BlackStone Studio are provided "as is" without warranty of any kind that the web, blog and graphic design or photography project will be uninterrupted 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 the website, services, and/or goods provided to the client.