Terms

I / Me / My = BlackStone Studio

You / Your = Client

By hiring BlackStone Studio for any services you agree to all the terms as written here.

Ownership & Use

Logo Design

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

You will own the final logo artwork, and I will email you the final logo files in different formats such as EPS, PDF, JPG, and PNG. Save them somewhere safe, as I may not always keep a copy. You do not have permission to resell or redistribute the logo, even if you have modified it in any way.

I use fonts that are either licensed to BlackStone Studio or are free to use for commercial purposes. You cannot copyright the fonts used in your logo, even if I have modified the letters from their original version. The files you receive will have the text converted to vector or raster format. I cannot transfer or distribute the font files to you. However, your logo style guide will include the names of the fonts used and links to where you can purchase them.

I do my best to create original logo artwork and will not knowingly copy other trademarked or copyrighted material. However, you are solely responsible for any trademark or copyright searches or issues pertaining to the creation and use of the logo.

I design your logo in CMYK and RGB color modes primarily. Colors can vary from screen to screen and from printer to printer. I can help you choose Pantone colors for your logo, but I will not be responsible for any color output and variations issues.

Graphic Design

Graphic design includes but is not limited to business cards, flyers, postcards, brochures, signs, and any marketing, promotional, or branded items. When your final payment has cleared, copyright will be automatically assigned as follows:

You will receive the final design file in a high resolution, non-editable format, such as a flat rasterized PDF or JPG. Save it somewhere safe, as I may not always 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 constitute a complete design. I will license the final design as a whole to you, exclusively and in perpetuity. However, you will not own the individual elements used within it, as it may contain images or graphics licensed to BlackStone Studio through a third-party vendor. You do not have permission to extract any elements, images, or graphics from the completed design to use for any other purpose. This excludes any artwork you provided to BlackStone Studio for your project. I will not release any source files such as Photoshop, Illustrator, or InDesign.

I will design your project in CMYK or RGB color mode. Colors can vary from screen to screen and from printer to printer. I will not be responsible for any color output and variations issues.

Non-Branding Stock Graphics

I may use non-branding stock images and graphics, such as photos, vector artwork, icons, textures, patterns, or effects in your project. These elements are part of my design resources, and they may be used alike for other of my client projects as well as by other designers that may have access to the same resources.

These elements are licensed to BlackStone Studio by third-party vendors. You are allowed to use them within the project that I designed for you, but you are not allowed to extract them from your project to use for any other purpose.

Please note that stock images and graphics licensed to BlackStone Studio cannot be used in design projects meant for merchandising or resale items. It is your responsibility to inform me if you plan to use the final design in items intended for sale.

You are responsible for keeping track of any license terms and restrictions for stock elements, photos, or graphics you purchased on your own and provided to BlackStone Studio for your project.

Preliminary Proofs

You will not own any preliminary proofs I present to you during the design process, whether for a logo or graphic design project. Any artwork not selected as part of the final design will remain the full property of BlackStone Studio and may be used in future projects for other clients or purposes.

Changes & Revisions

A reasonable amount of changes and revisions are done throughout the design process. Once the project is completed, any additional changes will have an added cost. Projects are considered complete once I have finished my commitment to the work. I will still deem the project complete even if you decide to delay in providing me with the content necessary to prepare the final files for the project.

If we go over 3 rounds of revisions while doing minor tweaks to finalize the design, that’s is considered reasonable. If, after 3-4 rounds of changes, we are not getting any closer to a final design, that would be regarded as unreasonable and out of the scope of the project. At that point, any additional changes may have an added cost.

Client’s Responsibility 

BlackStone Studio does not offer copywriting or photography services. You are responsible for providing me with all the content for your project. The content can refer to verbiage, photos, vector or rasterized graphics, audio or video files, fonts, and any other type of document relevant to the project. You guarantee that you either own all the content you provide me or that you have permission to use it. I am not responsible for keeping a copy of the content you provide to me indefinitely.

You guarantee that all products/services sold or promoted through your design project are not illegal, restricted, or fraudulent. You will be responsible for paying any and all legal expenses resulting from a lawsuit against BlackStone Studio for any content you provided to me, as well as any products/services you sold or promoted using the design project.

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

Payment Policies

Proposals & Agreements

Proposals are honored for 30 days. I also require this written agreement to be signed before any work is scheduled or started.

Payments

I require 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 I have finished my commitment to the work. I will still deem the project complete even if you decide to delay in providing me with the content necessary to prepare the final files for the project.

Refunds & Termination

Your deposit is non-refundable. If you decide to pay in full and the project needs to be terminated before it is completed, I may agree to provide you with a partial refund based on the amount of work done and the amount of time invested in the project up to that point. Refunds are entirely at BlackStone Studio’s discretion. I 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, I will not release any files or rights for the project.

Late Payment Fee

The total balance is due upon completion. 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.

Returned or Bounced Checks

A $20 fee applies to all returned checks. Enter the routing and bank number carefully when paying online via EFT, and be sure that your account has sufficient funds to cover the withdrawal.

Schedule & Communication

Postponing the Project

If you need to postpone the project for a period of up to 30 days, I will request that you make an additional payment towards the balance. If you need more than 30 days, I will request that you make an additional payment towards the balance and pay an additional extension fee. BlackStone Studio reserves the right to terminate a project that has been postponed for longer than 2 months.
 

Non-Communication

If I am unable to reach you by email or phone for up to 15 business days during the development of your project, I will consider the project terminated. No refunds will be issued regardless of whether you paid in full, and I will not release any files or rights for the project.

Additional Notices

Right to Credit & Display Work

I reserve the right to display and link to your project as part of
my 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. I may also enter the work in contests or competitions. 

Printing Services

I offer digital printing (CMYK) through third-party vendors. BlackStone Studio cannot guarantee to match prints to Pantone colors or previous print jobs. Colors can and will vary. Once a print order has been approved and submitted to the printer, it cannot be canceled. 

Clients from the Same Industry

I work with many clients, some of whom are in the same industry and could be competitors. I personalize every design for each business and never share any information that is trusted to me or deemed confidential. 

Vendors

I work with multiple vendors, reselling services such as printing. I do not share vendor information with my clients.

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.

I am 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 me of them, resulting from the use of my services/goods or the use of my 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.

** Website Client Notice **

As of January 2020, BlackStone Studio no longer offers website design services. However, I continue to provide web maintenance to previous website clients. I do not offer any free ongoing maintenance or updates. BlackStone Studio is not responsible for any updates the client do to the website themselves.

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 I check that all your website software is up to date is when I am hired to perform a theme update or if you have purchased any of my annual maintenance plans.

BlackStone Studio reserves the right to change or update these terms at any time without prior notice.

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