Terms of Service

I / Me / My = BlackStone Studio

You / Your = Client

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

Logo & Graphic Design Services

Logo Design Projects

Logo design projects refer to developing a unique visual graphic combined with a name in specific fonts and colors to visually identify your brand, business, or product.

When your final payment has cleared, you will own the final approved logo design, which may include a set number of alternate layout and color variations. Any preliminary proofs, concepts or visuals presented to you during the design process will remain the property of BlackStone Studio.

After receiving the final payment, you will be emailed a link to download 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.

The logo design and files will remain the property of BlackStone Studio until the final payment is received and processed. If there are issues with the final payment, I reserve the right to reuse the design in future projects for other clients or purposes.

You can resell or transfer ownership of the logo design and files to a third party, such as in the case of selling your business. However, you cannot take credit for the design, even if you have modified it in any way.

Graphic Design Projects

Graphic design projects include, but are not limited to, business cards, flyers, advertisements, postcards, brochures, booklets, signs, and any marketing materials.

When your final payment has cleared, you will have permission to use the final approved design for your business. BlackStone Studio will own the unique combination of all the elements that constitute a complete design and will license that to you as a whole, exclusively and in perpetuity. This only applies to the final approved design and does not include any preliminary proofs, concepts or visuals presented to you during the design process.

After receiving the final payment, you will be emailed 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 understand that you will not own the individual elements used within the design, as it may contain stock images or graphics licensed to BlackStone Studio through a third-party vendor. You are not permitted 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.

The graphic design project will not be licensed to the client until the final payment is received and processed. If there are issues with the final payment, I reserve the right to reuse the design in future projects for other clients or purposes.

You are not permitted to transfer or resell the design, even if you have modified it in any way.

Fonts

I use fonts that are either licensed to BlackStone Studio or are free to use for commercial purposes. You cannot copyright the font used in your logo or design project, even if they have been modified from their original version. The files you receive will have the text converted to vector or raster format.

Typically, a font used in a logo will not need to be licensed, as the graphics are converted to vector artwork. Should you require the font files, you will be responsible for acquiring any necessary font licenses (paid or unpaid). Due to font licensing rules, I cannot transfer or distribute the font files to you. However, I can provide you with the names of the fonts used in your project and links to where you can purchase and/or download them.

Colors

I design all projects in CMYK and RGB color modes primarily. Colors can vary from screen to screen and from printer to printer. If you require Pantone color values for your logo design, I can help by making suggestions. However, I will not be responsible for any color output and variation issues.

Trademark & Copyright Responsibility

I do not provide any trademark, copyright, or legal name search services. You must seek legal advice if you require your logo or other branding materials to be protected with a trademark.

You take full responsibility for ensuring that your brand, business, or product name is legally free and available before any design work is started. I assume no legal responsibility should any issue arise with the name. If a change of name is required during a project, the cost of the project will need to be recalculated based on the amount of work done up to that point.

I do my best to create original logo artwork and will not knowingly copy, infringe or plagiarize any other work. I will perform limited checks, such as online searches, to ensure that my work has not unintentionally infringed on another’s design. However, by hiring BlackStone Studio, you agree to perform your own checks and due diligence regarding plagiarism and originality. I assume no legal responsibility for any loss or damage suffered or incurred related to legal issues regarding the originality or authenticity of my work. You are solely responsible for any trademark or copyright issues pertaining to the creation and use of the logo.

Preliminary Proofs

All preliminary proofs, initial logo design concepts, graphic design concepts, preparation materials, sketches, and visuals presented to you during the design process, including the electronic files used to create a final design, remain the property of BlackStone Studio and may be used in future projects for other clients or purposes.

Source Files

I will not release any source files unless otherwise agreed upon before the start of the project. Source files refer to Adobe program files such as Photoshop, Illustrator, or InDesign, as well as any electronic files used to create the project.

Non-Branding Stock Graphics

Creating a graphic design piece with completely original artwork can be timely and costly. Using licensed non-branding stock graphics in my graphic design projects allows me to offer clients quick turnarounds and affordable prices.

Your graphic design project may include non-branding stock graphics licensed to BlackStone Studio, such as images, photos, vector artwork, icons, textures, patterns, or effects. These elements may be used alike for other of my client projects as well as by other designers who may have access to the same stock resources. However, you are not allowed to extract any of these elements from your project or use them for any purpose other than as part of the complete design created for you by BlackStone Studio.

If you prefer me not to use third-party licensed elements in your design, it is your responsibility to inform me before the start of the project, as this will impact the overall cost and turnaround time.

Projects that include non-branding stock graphics licensed to BlackStone Studio cannot be used in items meant for merchandising or resale. It is your responsibility to inform me if you plan to use the final design in items intended for sale so that we can avoid the use of licensed material. If you fail to do so, you will be responsible for paying any and all legal expenses resulting from a lawsuit against BlackStone Studio related to the use of licensed content in a design project that was not supposed to be used for merchandising or resale.

If you provide me with any stock graphics or photos which you purchased and licensed on your own, it is your responsibility to keep track of any license terms and restrictions for those items.

Content Responsibility

Content can refer to verbiage, images, photos, vector or rasterized graphics, audio or video files, fonts, and any other type of document relevant to the design of your project.

While I may suggest edits to your content, BlackStone Studio does not offer copywriting or photography services. You are responsible for providing me with the content you want to include in your project, and by doing so, you guarantee that you either own it or that you have permission to use it. BlackStone Studio is not liable for copyright infringements caused by the content you submitted for your project. I will also not be responsible for keeping a copy of the content you provide to me indefinitely.

You guarantee that all information and products/services sold or promoted through your design project are not illegal, restricted, or fraudulent. You are entirely responsible for the content in your design project and any harm resulting from it. BlackStone Studio will not endorse, support, represent, or guarantee the truthfulness, accuracy, or reliability of any content in your design project and will not assume any legal responsibility relating to it.

Rounds of Revisions

Reasonable rounds of 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 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 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.

Approvals

You are responsible for appointing a single representative with full authority to supply the necessary content, request changes, and provide the final written approval for the project. This person will also be tasked with proofreading and approving all design elements before the final files are released or before a project is sent to print. The preferred method of written authorization is via email. Any revisions or changes requested after an approval has been provided will have an added cost.

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 in any online or offline publication for the purpose of creative recognition, professional advancement, and advertising. I may also enter the work in contests or competitions.

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.

Reseller Services

Printing

I resell digital printing services using select local and national third-party vendors. I prepare and submit the print files to them, oversee the process to the best of my ability, and deliver the prints to clients. I also advocate for my client if any print issues arise. However, my vendors have their own policies, so I have limited control over how they handle reprints or refunds in the case of mistakes, subpar quality, or delays.

BlackStone Studio cannot guarantee that prints will match Pantone colors or previous print jobs. Colors can and will vary in every print run. Once a print order has been approved and submitted to the printer, it cannot be canceled.

If you wish to use your own print contact, I can provide you with a print file version of the final approved design (with bleeds and crop marks, as needed). However, I will not release an editable source file to you or the printer unless otherwise agreed upon before the start of the project. BlackStone Studio will not be involved in the printing process if you are using your own printer. You will be solely responsible for submitting the file to them, as well as overseeing the process and picking up the prints.

Vendors

I have spent years developing relationships with multiple vendors and reselling services such as printing. Therefore, I do not share vendor information with my clients.

Payment Policies

Proposals & Agreements

Proposals are honored for 30 days. I also require an agreement to be signed before working with any new client.

Payments

I require a 50% deposit before any project 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 delay in providing me with the content necessary to prepare the final files for the project.

Blackstone Studio reserves the right to withhold the delivery of design files, rights, or prints until the full payment for the project has been received and processed.

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 $25 fee applies to all returned checks. Enter the routing and bank number carefully when paying online via EFT, and ensure that your account has sufficient funds to cover the withdrawal.

Refunds

Your initial deposit is non-refundable. Any refunds are entirely at BlackStone Studio’s discretion. If you pay in full at the start of the project, and it 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 time invested in the project up to that point.

Project Schedule & Termination

Turnaround Time

Every project will vary in turnaround time. An estimated timeline will be discussed before the start of the project. The time it takes to receive feedback between proofs and the number of changes requested can impact the turnaround time, but on average, a project can take one to four weeks.

BlackStone Studio prides itself on providing a quick turnaround and meeting the agreed-upon deadlines. Therefore, I will not accept work from clients that take longer than 10 business days to provide feedback, as this disrupts my work schedule and my commitments to other clients.

Terminating a Project

I reserve the right to terminate a project for any reason, and in such cases, project files or rights will not be released.

Here are some reasons why a project may be terminated:

  • A breach of service terms
  • At the client’s request
  • Due to non-communication
  • If a project has been postponed for over 2 months
  • Due to unforeseen circumstances, such as an illness

In the event that I fail to fulfill my commitment to your project due force majeure, such as an “act of God,” an act of government, terrorism, riot, war, accident, major illness, or any other cause beyond my control, such failure shall not be deemed to be a breach of these terms of service. I will do my best to notify you promptly of the reason for my nonperformance so we can discuss the best course of action. The project can be terminated, and I can provide you with a partial refund based on the amount of work done up to that point, or I can reschedule the project until after the conclusion of the relevant force majeure.

Postponing a 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 postponed for over 2 months.

Non-Communication

If you fail to communicate with me by email or phone for up to 10 business days during the development of your project, I will consider the project terminated. No refunds will be issued, and I will not release any project files or rights.

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.

BlackStone Studio is not legally responsible to you, or any third party, for any type of loss or damages suffered or incurred relating to the use of any goods or services offered by BlackStone Studio, whether from amendments, errors, or omissions in documents, designs, or information provided. This includes your use or reliance on any third-party content, links, or advertisements. Your use of, or reliance on, any information or materials I provide or design is entirely at your own risk, for which I shall not be liable.

Finally, if any 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 terms.

** Website Client Notice **

As of January 2020, BlackStone Studio no longer offers website design or website maintenance services. BlackStone Studio is not responsible for any outdated software or newly performed updates a client runs on their website.

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

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