Terms

You = Client    We/Us/Our = BlackStone Studio

When you hire BlackStone Studio for any services and/or goods you are agreeing to all the terms as written here. BlackStone Studio reserves the right to change or update these terms at any time without prior notice.

Copyright, Ownership and Use

Logo Design

When your final payment has cleared, copyright will be automatically assigned as follows:

You will own the final logo artwork and BlackStone Studio will email you the final logo in different file formats such as EPS, PDF and JPG. You should keep them somewhere safe, as we are not required to keep a copy. You do not have permission to resell or redistribute the files, even if you have modified them in any way.

BlackStone Studio uses fonts that are either licensed to us or are free to use for commercial purposes. You cannot copyright the font itself. When we release the final logo files to you, the font will be converted to vector outlines. We can give you the name of the fonts used in your logo and guide you in where to purchase or download them, but we cannot redistribute them ourselves.

We will design your logo in CMYK color mode, unless otherwise requested. Colors vary from screen to screen, and from printer to printer. If you want to choose Pantone colors for your logo, we can assist you in the selection, but we cannot be responsible for any issues related to color output and variations.

Graphic Designed Materials & Projects

Graphic designed materials and projects include, but are not limited to, business cards, flyers, postcards, ads, posters, banners, booklets, brochures and any marketing, promotional or advertising pieces we design for you. When your final payment has cleared, copyright will be automatically assigned as follows:

You will receive the final project file in a non-editable format such as a rasterized PDF or JPG. We will save the file accordingly if intended for print, including bleeds and crop marks. You should keep them somewhere safe, as we are not required to keep a copy. You do not have permission to resell or redistribute the files, even if you have modified them in any way.

BlackStone Studio will own the unique combination of all the elements that constitutes a complete design and we will license that you, exclusively and in perpetuity for that project only. We will not release any source files we used to create the final work, such as Photoshop or Illustrator files, unless we agree otherwise.

We will design your project in CMYK color mode. Colors vary from screen to screen, and from printer to printer. We cannot be responsible for any issues related to color output and variations.

Website Design & Development

When your final payment has cleared, copyright will be automatically assigned as follows:

You will own the final website files such as HTML, CSS, JPG and any other files that make up your website online. You are responsible for backing up the website files, as we are not required to keep a copy. You do not have permission to resell or redistribute the files, even if you modify them in any way.

BlackStone Studio will own the unique combination of all the elements that constitutes a complete design and we will license that you, exclusively and in perpetuity for that project only. We will not release any source files we used to create any website files, such as Photoshop or Illustrator files.

Non-Branding Graphics & Preliminary Proofs

We may use non-branding graphics, artwork, code, icons or effects in your project, that are part of our design resources, and that may be used alike for other client projects as well. We may also use stock images and/or vector graphics licensed to BlackStone Studio. You are not allowed to extract any individual element including, but not limited to, graphics, artwork, code, images, etc. from the overall design to use on other projects or artwork unless you have written permission from BlackStone Studio.

You will keep ownership of all elements of text, images, documents and/or data you provided, unless someone else owns them and gave you permission to use it. Any preliminary proofs including, but not limited to, artwork, graphics, layouts, mockups, etc., which were not selected in the final design, will remain the full property of BlackStone Studio and may be used in future projects for other clients.

Website Features & Notices

Hosting

We encourage you to purchase, renew and manage a hosting package with the provider of your choosing. Starting January 2017, BlackStone Studio will no longer provide hosting services. You will need to provide us with access to your hosting server for the purpose of installing, updating and uploading files. We will not be responsible for providing any technical support on your hosting server. You will be responsible for any and all hosting fees your hosting provider may charge.

If you decide to move from one hosting provider to another, we cannot guarantee that all files will work accordingly and we will not be responsible for transferring any content stored on databases.

Domain Registration
We encourage you to register, renew and manage your domain with the provider of your choosing. Starting January 2015, BlackStone Studio will no longer register domains for clients. If BlackStone Studio registered a domain for you in the past, we can transfer the domain back to you at any time, but if there are any fees related to the transfer, you will be responsible to pay those fees. If we registered your domain for you and you decide not to renew the domain, we will keep ownership of it and we will have the right to resell it to someone else or put it up for auction.
WordPress
BlackStone Studio uses the WordPress.org open-source web software, which is free software released under a GPL license. We also use free and/or licensed themes and plug-ins that can extend the website’s functionality. You will not own this software, but you can use it for free. We are not responsible for any errors, updates or changes from WordPress.org. Our cost is based on installing the software, customizing the design of the theme, formatting the website pages and making updates. We do not provide any free ongoing maintenance, backups or updates to your WordPress website.
Responsive Layout, Browser Compatibility and Web Compliance

BlackStone Studio designs websites primarily for desktop browsers. Websites designed after January 2015 may have a responsive layout that adapts to varied screen sizes. However, regardless of the design being responsive, BlackStone Studio cannot guarantee a website will perform or look the same on all existing or new devices.

We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Internet Explorer), and Mozilla Firefox, but we cannot guarantee that the website will work and look exactly the same in each. We will not test in other older browsers unless you specify otherwise. We also cannot guarantee that your website will be compliant with all current web standards.

Mobile Conversion Service
The Mobile Conversion Service changes your website to a mobile friendly layout when accessed through a mobile device. This service uses software that pulls the content from your website directly. Some functions from the website may not convert to mobile accurately, but the software provides varied features and solutions that can be implemented in these cases. This service has an additional setup fee and an annual cost.
Attribution and Third Party Licenses

In some projects, we may use open source, general public license, freeware scripts, codes or files that may require attribution in the source code. Although you own the final website files, as long as those scripts are in place, you are not allowed to remove the attribution. You are also not allowed to remove the link attribution to BlackStone Studio.

In some projects, we may use third party scripts, codes or files that require a license. These licenses are generally done by project or domain, which means you cannot utilize any licensed material for any other project or domain other than the one used for your website. If you need additional licenses, we can provide a separate proposal for that.

SEO/SEM
We do not provide SEO (Search Engine Optimization) or SEM (Search Engine Marketing) services. We make an effort to make your website search engine friendly, but we make no guarantees that your website will be ranked organically on search engines.
PayPal Integration
We can help you embed PayPal buttons on your website, however PayPal is governed by their own set of terms, policies and fees. We encourage you to learn about them. BlackStone Studio is not responsible or liable for any data security, sale problems or issues resulting from the use of PayPal. BlackStone Studio will not create, access or manage your PayPal account. You are solely responsible for setting up your PayPal account and entering the store information, such as tax rates, shipping preferences and calculations, etc. We will never ask for your PayPal login information.
Shopify Design
We can help you personalize the look and feel of your Shopify website, however Shopify is governed by their own set of terms, policies and fees. We encourage you to learn about them. BlackStone Studio is not responsible or liable for any data security, sale problems or issues resulting from the use of Shopify. BlackStone Studio will only make design related changes to the theme options, page formatting or styling CSS code. We will not create or manage your store or products. You are solely responsible for creating your Shopify account, setting up and managing products, and entering the store information, such as tax rates, shipping preferences and calculations, etc.
Custom Programming

Custom programming refers to unique scripts that are created to manage and update information on your website. They can include the ability to store or edit information in an online database. In some cases, they can be password protected. However, BlackStone Studio does not provide any security certificates or encryption, therefore they should not be used to store any confidential or sensitive information, such as credit card or social security numbers. BlackStone Studio is not liable for any data security issues resulting from the use of any custom programming scripts. We also do not provide ongoing maintenance or upgrades on any custom programming work.

Changes, Revisions & Maintenance

Changes & Revisions
A reasonable amount of changes and revisions are done throughout the design process. Once the project is completed, any additional changes or maintenance will have added cost. Projects are considered complete once we have finished our commitment of the work. We will still consider the work complete even if you decide to postpone the launch of your website or if you delay in providing us with text, images or any content necessary to prepare final files for a design project.
Website Maintenance

BlackStone Studio will fix any glitches or issues related to website design at no extra cost if they are reported within 30 days from the website being completed. Any fixes requested after the 30 days will have an added cost. We do not provide any free ongoing website maintenance, backups or updates. BlackStone Studio is not responsible for any updates the client does after the website is completed.

Website software updates have an added cost. WordPress, theme or plugin updates are rolled out by each third-party vendor at their own discretion. Updates may include new features, compatibility changes, glitch fixes, security patches, etc. BlackStone Studio is not responsible for monitoring your website for any updates. The only time we check that all your website software is up to date is when we are hired to perform a theme update. If your website theme is licensed through BlackStone Studio, we will do our best to notify you when a theme update is available.

Client’s Responsibility

Content, Files & Products/Services

You are responsible for providing all content. BlackStone Studio is not responsible for writing any text copy for your website. You will guarantee that all content and files you provide to BlackStone Studio, post/share on your website, or use in a design project are either owned by you, or that you have permission to use them. This includes, but is not limited to, text, fonts, graphics, images, artwork, audio, video and/or documents. You are also responsible for backing up any content that you provide to BlackStone Studio, post/share on your website, or use in a design project.

You guarantee that all products/services sold through your website or design project are not illegal, restricted or fraudulent. You will be responsible for paying any and all legal expenses that are a result of a lawsuit against BlackStone Studio for any content and files you provide to BlackStone Studio, post/share on your website, or use in a design project, and for any product/service you sell through your website or design project.

We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any information on your website or design project. You are entirely responsible for the content and any harm resulting from it.

Payment Policies

Proposals & Agreements
BlackStone Studio will provide a proposal to you for the project, which we will honor for 30 days. If the proposal is approved, we will send you a written agreement that will need to be signed before any work is scheduled or started.
Payments

BlackStone Studio requires a 50% deposit before any work is scheduled or started. The balance, plus any added costs for services requested along the way, will be required at the completion of the project. Projects are considered complete once we have finished our commitment of the work. We will still consider the work complete even if you decide to postpone the launch of your website or if you delay in providing us with text, images or any content necessary to prepare final files for a design project.

We accept: checks, cash, Inuit Quickbooks payments or PayPal payments.

Refunds and Termination
Your deposit is non-refundable. If you decided to pay in full and the project needs to be terminated before it is completed, BlackStone Studio may agree to provide a partial refund based on the amount of work that was done and the amount of time invested in trying to contact the client and keep the project going. Refunds are entirely at BlackStone Studio’s discretion. We reserve the right to terminate or suspend a project for any reason including without limitation if you breach the terms. If a project is terminated, suspended or canceled, no files or rights will be released for the project.
Schedule

If for some reason you need to pause or postpone the work on your project for a period of up to 30 days, we will request that you make an additional payment towards the balance. If you need more than 30 days, we will request that you make an additional payment towards the balance and will add an extension fee based on the amount of time the project is postponed.

Non-Communication

If we are unable to communicate with you by phone or email for up to 15 days during the design or development of your project, we will cancel the work without prior notice and no refund will be issued regardless if the client paid in full.

Late Payment Fee

The total balance of a project is due once the project is complete. Projects are considered complete once we have finished our commitment of the work. If you are more than 30 days late on a payment, a 10% late payment fee will be added to your balance. This fee will accrue each month that your account is in arrears. To avoid late fees, ensure that you pay any balance due on your account.

Additional Notices

Right To Credit And Show Off Our Work
We reserve the right to display and link to your project as part of our portfolio and to write about it on websites, in magazine articles, books, social media and any online or offline publication for the purpose of creative recognition, professional advancement and service advertising. We may also enter the work in contests or competitions.
Printing Services
BlackStone Studio offers full-color gang-run printing for most projects, and due to the nature of this printing process, we print everything in CMYK color mode and cannot do color match. Colors may vary from print to print.
Clients from the Same Industry
We work with many clients, some of which are in the same industry, and may be competitors. We design everything personalized and unique to each business and never share any information that is trusted to us or deemed confidential.
Vendors
We work with multiple vendors. We are resellers for services such as hosting and printing. We do not share our vendor information.
Liability

All services and/or goods you purchase from BlackStone Studio and all information on the BlackStone Studio website are provided “as is” without warranty of any kind that they will be uninterrupted, timely, secure or error free.

We are not liable to you or any third-party for any direct, indirect, special, punitive, incidental, or consequential damages, including lost profits, lost savings, business interruption, loss of data or other losses, even if you have advised us of them, resulting from the use of our services/goods or the use of this website. Finally, if any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

Privacy Policy

Privacy Policy

Google Analytics

This website uses Google Analytics. Google Analytics uses first-party cookies to track visitor interactions. These cookies are used to store information, such as the time that the current visit occurred, whether the visitor has been to the site before and what site referred the visitor to the web page. It also collects the IP address of website visitors in order to provide a sense of where in the world their visitors come from.

Google Analytics does not collect any personal information that personally identifies you, such as your name, email address or billing information, or other data which can be reasonably linked to such information.

We use this information to analyze site performance and improve our website.


Contact Forms, Mailing Lists & Email Communication

We may collect information you enter through the website contact forms, send to us by email, or submit through a mailing sign up form, such as name, email address, phone number, etc.

We may use this information to respond to you regarding the reason you contacted us, to personalize your experience and to provide customer service. Unless you ask us not to, we may also contact you via email in the future to tell you about products or services, updates, company news, special offers, promotions or general announcements.

If you are on our mailing list, you will always have the ability to unsubscribe. We will not share your information with any third party other than as necessary to fulfill your request.


PayPal

When paying for a project through PayPal, your account information is collected and stored on PayPal’s secure site and it not directly available to us other than basic contact information, such as name, email or shipping address.

Any contact and financial information that PayPal collects from you in order to process the transaction is governed by the PayPal Privacy Policy.


Inuit Quickbooks Payments (formerly Inuit Payment Network)

When paying for a project through Inuit Quickbooks Payments, your account information is collected and stored on the Inuit Quickbooks Payments secure site and it not directly available to us other than basic contact information, such as name, email or shipping address.

Any contact and financial information that Inuit Quickbooks Payments collects from you in order to process the transaction is governed by the Inuit Quickbooks Payments Privacy Policy.


Third Party Links

This website may contain links to other sites. We are not responsible for the content or privacy practices or the use of cookies of such other sites. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites.


Submitting Comments

In the event that we permit you to post information on this website, such as blog comments, please note that any information that you post using such features becomes public information. You must not disclose any of your personal information in comments, forums or any other similar feature of this website that you do not want shared publicly.


Children

Our services are not directed to persons under 13. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with personal information without their consent, please contact us and we will delete such information from our files.


Security

We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required. We implement reasonable security measures to maintain the safety of the information collected online or stored electronically. However, because of the inherent risks associated with the internet, we cannot provide a 100% guarantee of data security. In the event of a breach, we will try to notify you, but you agree that we will not have any other liability other than providing the required notice. If you do not agree to this waiver, you should not provide personally identifiable information to us.


Cookies

We may use Cookies, which are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser, that enables the sites or service providers systems to recognize your browser and capture and remember certain information.

We use cookies to keep track of advertisements and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.


Disclosing Information

We do not sell, trade, or otherwise transfer your personally identifiable information to third parties. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.


Consent

By using this website, you agree to the privacy policy. If we decide to change our privacy policy, we will post those changes on this page.

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