Terms of Service
Last updated: December 14, 2024 • Effective: December 14, 2024
Welcome to High Mountain Studio. These Terms of Service ("Terms") govern your access to and use of our website, services, and any related content or materials.
Important: By accessing or using our services, you agree to be bound by these Terms. If you do not agree to all terms and conditions, you must not access or use our services. Please read these Terms carefully before engaging our services.
Agreement to Terms
By accessing our website at https://www.highmountainstudio.com or engaging our services, you agree to be bound by these Terms of Service and all applicable laws and regulations. These Terms constitute a legally binding agreement between you ("Client," "you," or "your") and High Mountain Studio ("Company," "we," "us," or "our").
We reserve the right to modify these Terms at any time. Changes become effective upon posting to this page. Your continued use of our services after any modifications indicates your acceptance of the updated Terms.
Services Description
High Mountain Studio provides digital marketing, web design, web development, and software development services. Our services include but are not limited to:
- Website design and development
- Custom software and web application development
- Digital marketing strategy and execution
- Search engine optimization (SEO)
- User experience (UX) and user interface (UI) design
- Website maintenance and support
- Analytics and performance optimization
Service Agreements
The specific scope, deliverables, timeline, pricing, and terms for any project will be outlined in a separate written agreement, proposal, or statement of work ("Service Agreement"). In the event of a conflict between these Terms and a Service Agreement, the Service Agreement shall prevail for that specific engagement.
Intellectual Property Rights
Our Content and Materials
All content on this website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the compilation thereof, is the exclusive property of High Mountain Studio or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.
Client-Provided Materials
You retain full ownership of any content, materials, logos, trademarks, or other assets you provide to us for use in projects ("Client Materials"). By providing Client Materials, you grant us a non-exclusive, royalty-free license to use, reproduce, modify, and display such materials solely for the purpose of providing our services.
Ownership of Deliverables
Unless otherwise specified in a Service Agreement, upon receipt of full payment:
- You will own the rights to custom designs, code, and deliverables created specifically for your project
- We retain the right to use general techniques, skills, knowledge, and experience gained during the project
- We retain ownership of any pre-existing materials, frameworks, libraries, or tools used in the project
- Third-party components (fonts, stock images, plugins, etc.) are subject to their own license terms
Portfolio Rights
We reserve the right to display completed work in our portfolio, marketing materials, and case studies unless you request confidentiality in writing prior to project commencement. Such confidentiality requests may affect pricing.
Payment Terms
Payment terms will be outlined in individual Service Agreements. Unless otherwise specified, the following terms apply:
Deposit
A non-refundable deposit (typically 25-50%) is required before work begins
Progress Payments
Milestone payments may be required for larger projects
Final Payment
Final payment is due upon project completion, before delivery of final files
Payment Methods
We accept bank transfers, credit cards, and other methods as specified
Late Payment Policy
Invoices not paid within the specified payment terms (typically Net 15 or Net 30) may incur a late fee of 1.5% per month (18% annually) or the maximum amount permitted by law, whichever is less. We reserve the right to pause work on any project with outstanding invoices and to withhold deliverables until payment is received in full.
Project Changes and Revisions
Our Service Agreements typically include a defined number of revision rounds. Additional changes may be subject to:
- Additional fees based on our then-current hourly rate
- Extended project timelines
- A revised Service Agreement for significant scope changes
Scope Changes
If you request changes that fall outside the originally agreed scope, we will provide a change order outlining the additional time and cost. Work on scope changes will only proceed upon your written approval of the change order.
Timeline and Delays
We commit to delivering projects within agreed timelines. However, project schedules depend on timely provision of feedback, content, and approvals from you. Delays caused by the following may extend the project timeline:
- Late provision of content, assets, or feedback
- Scope changes or additional revision requests
- Payment delays
- Force majeure events
We will communicate any anticipated delays promptly and work with you to adjust timelines as needed.
Cancellation and Termination
Client Cancellation
You may cancel a project at any time by providing written notice. Upon cancellation:
- All deposits are non-refundable
- You are responsible for payment for all work completed up to the cancellation date
- Any work-in-progress may be delivered at our discretion
- We will provide a final invoice within 10 business days
Our Right to Terminate
We reserve the right to terminate any engagement upon written notice if:
- Payment is not received within 30 days of the due date
- You breach any material term of these Terms or the Service Agreement
- The project becomes unfeasible due to circumstances beyond our control
- Continuing the engagement would be unethical or harmful to our reputation
Warranties and Disclaimers
Disclaimer of Warranties
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
No Guarantee of Results
While we strive for excellence, we cannot and do not guarantee specific results, including but not limited to: search engine rankings, website traffic, conversion rates, revenue increases, or any other business outcomes. Past performance and case studies are not guarantees of future results.
Third-Party Services
We are not responsible for the performance, availability, or terms of service of any third-party platforms, hosting providers, APIs, or services integrated into your project. Changes to third-party services may require additional work at additional cost.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HIGH MOUNTAIN STUDIO, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:
- Loss of profits, revenue, or business opportunities
- Loss of data or data breach (unless caused by our gross negligence)
- Business interruption or downtime
- Loss of goodwill or reputation
- Any other intangible losses
Maximum Liability Cap
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE TOTAL AMOUNT PAID BY YOU TO US FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Indemnification
You agree to defend, indemnify, and hold harmless High Mountain Studio, its owners, officers, directors, employees, contractors, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from:
- Your use of our services or violation of these Terms
- Your violation of any third-party rights, including intellectual property rights
- Any claim that Client Materials you provided infringe on third-party rights
- Your breach of any representation, warranty, or obligation under these Terms
- Any content, data, or materials you provide, publish, or transmit through our services
Dispute Resolution
Informal Resolution
Before initiating any formal dispute resolution procedure, you agree to first contact us directly to attempt to resolve any dispute informally. Most concerns can be resolved through open communication.
Binding Arbitration
Any dispute, controversy, or claim arising out of or relating to these Terms or our services that cannot be resolved informally shall be resolved by binding arbitration in accordance with the American Arbitration Association's rules. The arbitration shall be conducted in the State of Texas, USA.
Class Action Waiver
YOU AGREE THAT ANY CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, USA, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Texas.
Additional Terms
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be modified to accomplish its objectives to the greatest extent possible, and the remaining provisions will continue in full force and effect.
Entire Agreement
These Terms, together with any Service Agreement, constitute the entire agreement between you and High Mountain Studio and supersede all prior agreements and understandings.
Waiver
No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right shall not constitute a waiver of such right.
Assignment
You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights without restriction.
Force Majeure
We shall not be liable for any failure to perform our obligations where such failure results from circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, riots, embargoes, or actions of civil or military authorities.
Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of the engagement, subject to any specific NDA terms in the Service Agreement.
Contact Us
If you have any questions about these Terms of Service, please contact us:
High Mountain Studio
Email: hello@highmountainstudio.com
Location: Dallas, Texas, USA
Website: https://www.highmountainstudio.com