Terms

We / Us / Our = BlackStone Studio

You / Your = Client

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

Copyright, 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 BlackStone Studio will email you the final logo in different file formats such as EPS, PDF, and JPG. Save them somewhere safe, as we 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.

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

We design your logo in CMYK color mode primarily. Colors can vary from screen to screen, and from printer to printer. We can help you in choosing Pantone colors for your logo, if requested. We will not be responsible for any issues related to color output and variations.

Graphic Design Items

Graphic design items include, but are not limited to, business cards, flyers, postcards, banners, 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 files in a high-resolution non-editable format such as a rasterized PDF or JPG. Save it somewhere safe, as we 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, and we will license that you, exclusively and in perpetuity for that project only. However, you will not own the individual elements used within it, as some graphics and photos may be licensed. You do not have permission to extract any elements or graphics from the completed design to use for any other purpose. We will not release any source files such as Photoshop or Illustrator files unless we agree otherwise.

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

Website Design

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

You will own the website (as a whole) that we designed for you. However, you will not own the individual elements used within it such as licensed graphics/photos, plugins, theme or software. You do not have permission to extract any elements from the website to use on other projects that you did not provide to us. You do not have permission to resell or redistribute the website design, even if you modify them in any way.

We will not release any source files we used to create any website files, such as Photoshop, Illustrator or Dreamweaver files. 

Non-Branding Graphics

We may use non-branding elements or graphics such as photos, vector artwork, icons or effects in your project. These elements are part of our design resources, and that may be used alike for other client projects as well.

Some of these elements may be licensed to BlackStone Studio by a third-party. You are only allowed to use them within the project that BlackStone Studio designed for you. You are not allowed to extract any single element or graphic from your project to use for any other purpose. You do not have permission to use, resell or redistribute any single element or graphic from your project. 

This does not apply to any elements you provided to BlackStone Studio. You will keep ownership of all elements of text, images, documents, and data you provided to us unless someone else owns them and gave you permission to use it.

Preliminary Proofs

Any preliminary proofs we provided to you during the design process including, but not limited to, logos, flyers, cards, vector artwork, rasterized graphics, website design, layouts, mockups, etc., which are 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.

Website Features & Notices

Hosting

We encourage you to purchase, renew and manage a hosting package with the provider of your choosing.  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 the same on a different hosting environment. We are not responsible for backing up your site, migrating or transferring your site from one hosting space to another, scanning and protecting against malware or providing any type of website security.

Domain Registration

We encourage you to register, renew and manage your domain with the registrar of your choosing. We will not be responsible for providing any technical support for your domain registration. You will be responsible for any and all domain fees your registrar may charge. If you decide to move from one domain registrar to another, we will not be responsible for helping facilitate the move nor are we responsible for resolving any other issues related to the domain such as DNS or emails.

WordPress Software, Plugins & Theme

BlackStone Studio uses the WordPress.org open-source web software, which is free software released under a GPL license. We may also use free and licensed plugins that can extend the website’s functionality. You will not own this software, but you can use it for free. You do not have permission to extract or use any licensed software for any other project or website other than the one BlackStone Studio designed for you. We are not responsible for any errors, updates or changes from WordPress.org or from the plugins used. Our cost is based on installing the software, customizing the design of the theme, formatting the website pages and in some cases, making updates.  

BlackStone Studio uses the Divi theme for all website designs. The theme is licensed through BlackStone Studio, and you can use it freely on your site after we have installed it. Because of the license, we are the only ones that can update the theme version unless you purchase your own license. However, if you do purchase your own and perform theme updates yourself, we will not be responsible for any lost content, lost customizations, errors, glitches or any other issues that may happen. We offer annual maintenance plans that include keeping the theme up to date.

Responsive Layout

BlackStone Studio designs mobile-friendly websites by using a responsive theme. Responsive means the website layout will adjust based on the screen size and resolution of the device. BlackStone Studio cannot guarantee a website will perform or look the same on all existing or new devices.

Browser Compatibility & Web Compliance

BlackStone Studio tests its website designs at the completion of the project in current browser versions of Google Chrome, Apple Safari, and Mozilla Firefox. However, we cannot guarantee that a website will work and look exactly the same in each different browser. We no longer test in or offer support for Microsoft Internet Explorer. We also cannot guarantee that your website will be compliant with all current web standards.

Attribution

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

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 your PayPal account. 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 manage your store, change settings or create products. You are solely responsible for your Shopify account.

Security, Hackers & Malware

BlackStone Studio does not provide SSL certificates, content encryption, malware scanning, hacker protection or any type of website security measure. It is the client’s responsibility to get these services from their hosting provider or other third parties. BlackStone Studio is not responsible or liable for any security issues or data loss resulting from a website breach or attack. 

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 try to 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 or updates. BlackStone Studio is not responsible for any updates the client does after the website is completed.

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 or if you have purchased any of our annual maintenance plans. 

Client’s Responsibility

Content, Files & Products/Services

You are responsible for providing all content for your project. BlackStone Studio does not provide copywriting services. You will guarantee that all the content you provide to BlackStone Studio, publish on your website or incorporate in a design project is either owned by you or that you have permission to use it. The content refers to things such as text verbiage, fonts, vector artwork, rasterized graphics, photos, audio files, videos, and documents. We are not responsible for keeping a copy of said content.

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 you provided to BlackStone Studio, published on your website or incorporated in a design project, as well as any products/services you sold 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 provides proposals which we honor for 30 days. We also require a written agreement 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.

Refunds & 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 you about the project. 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 you need to postpone the 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 pay an extension fee based on the amount of time the project is postponed. BlackStone Studio reserves the right to terminate a project postponed for longer than 6 months.

Non-Communication

If we are unable to communicate with you by email or phone 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.

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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 $10 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.

Additional Notices

Right to Credit & Display 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 digital printing. We print everything in CMYK and cannot guarantee color match.

Clients from the Same Industry

We work with many clients, some of which are in the same industry, and may be competitors. We personalize every design for 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 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.

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

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