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
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
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
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.
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, plugins or software. You do not have permission to extract any elements that you did not provide to us from the website to use on other projects. 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 website design, even if you modify 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. We will not release any source files we used to create any website files, such as Photoshop, Illustrator or Dreamweaver 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, logos, 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
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 accordingly and we will not be responsible for backing up or transferring any content.
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 will we be responsible for resolving any hosting, email or any other issues that may occur during the move.
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/or 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 making updates. We do not provide any free ongoing maintenance, backups or updates to your WordPress website.
BlackStone Studio uses the Divi theme for all website designs. The theme will be licensed through BlackStone Studio, and you can use it freely on your site after we have installed it, but you will not be able to update the theme version on your own unless you purchase your own license. Remember that we customize the theme’s design, so we will not be responsible for any lost content, lost customizations, errors, glitches or any other issues that may happen when you update the theme on your own
BlackStone Studio designs mobile friendly websites. We do not offer a separate mobile website, instead we use a WordPress theme with a responsive layout. A responsive layout means the website layout will adjust based on the screen size and resolution of the device. 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.
Browser Compatibility and 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.
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.
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.
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.
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.
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 liable for any data security issues or data loss resulting from a security breach.
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.
BlackStone Studio will
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 or if you have purchased any of our annual maintenance plans.
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.
Proposals & Agreements
BlackStone Studio will provide a proposal to you for the project, which we will honor for 30 days. We also require a written agreement be signed before any work is scheduled or started.
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.
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. BlackStone Studio reserves the right to terminate or suspend a project that has been postponed or on pause for longer than 6 months.
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.
Returned or Bounced Checks
A $10 fee applies to all returned checks. Please enter the routing and bank number carefully when paying online via EFT to avoid a returned check. Also, be sure that your account has sufficient funds to cover the withdrawal.
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.
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.
We work with multiple vendors. We are resellers for services such as printing. We do not share our vendor information.
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.
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.
When paying for a project through PayPal, your account information is collected and stored on PayPal’s secure site and is not directly available to us other than basic contact information, such as name, email or shipping address.
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 is not directly available to us other than basic contact information, such as name, email or shipping address.
Third Party Links
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.
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.
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.
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.