Terms And Conditions

Effective Date: October 25, 2023

Welcome to Black Ash Studio. Before you engage our services, please take the time to carefully read and understand the following Terms and Conditions. These terms and conditions are applicable as of October 25, 2023 and may be subject to annual review.

1. The Project Scope

Black Ash Studio provides the quotation based on our thorough understanding of your project requirements discussed during our meetings and communications.

Should you identify any inaccuracies, please inform us promptly so that necessary adjustments can be made.

Once the quotation is approved, any changes or alterations outside the scope outlined herein may result in additional costs.

2. The Project Timings

The quotation is valid for 60 days and is based upon the project starting within 60 days of this agreement being signed.

Black Ash Studio reserves the right to requote if the project commencement exceeds this period. We commit to adhering to the proposed timelines specified in the proposal.

However, if the project encounters delays beyond our control (e.g., content provision, feedback), we reserve the right to adjust the project timeline and requote if necessary.

3. Our Website Package Process

Black Ash Studio follows a defined process for website packages. Check the pricing at home > Pricing section. Further details can be provided upon request. You can contact us by emailing us or Requesting a Free Quote.

4. The Services We Provide

At Black Ash Studio, we provide the following services:

  • Domain Registration
  • Premium Cloud Hosting
  • Cloudflare Enterprise Integration
  • Website Designing
  • WordPress Website Maintenance
  • On-page SEO And Content Optimization
  • Logo Design

5. Domain Registration/Renewal/Transfer Terms

Domain Registration

Domain names managed by Black Ash Studio remain the property of our clients.

Yearly Domain Renewal

The domain will be renewed at the end of each year. The clients will be informed 30 days prior to the domain expiration date. The client will be sent an invoice of payment as well for the domain renewal.

Domain Transfer/Ownership

We will assist in releasing domain names free of charge if a client wishes to do so. At the time of transfer, domain registration companies charge a fee that will paid by the client or by the domain holder agency/company that the client wants to transfer to.

6. Cloud Hosting Support, Maintenance, And Payment Terms

Shared Server Website Hosting

We use the Cloud-based web hosting provider Vultr for shared hosting services and SSL certificates.

While they offer reliable performance and uptime, Black Ash Studio is not responsible for website downtime, related costs, or damages due to downtime.

In case of downtime, we will work with both the client and Vultr to resolve issues promptly. If a client’s website traffic exceeds their plan, we may recommend upgrading to a suitable plan or providing a custom solution.

Your Own Cloud Server

If the client needs their own Cloud Server. We will also help you set up that as well. We use Digital Ocean, Vultr, and AWS as Providers for Cloud-Hosting Servers.

The server specifications will depend on the below cloud server plans. Check on the Home > Pricing Section.

  • Starters
  • Growth
  • Authority

Monthly/Yearly Hosting Payment Terms

Black Ash Studio clients can choose to pay for website hosting and support yearly or monthly:

  • Yearly: Pay an annual invoice at the beginning of the 12-month period.
  • Monthly: Pay monthly via bank EFT or Wise/Payoneer).

Regarding payments, clients can talk to one of our Black Ash experts through email, phone, or on Whatsapp as well.

7. Cloudflare Enterprise Integration

We are partnered with Cloudflare and also provide Cloudflare Enterprise at Affordable prices. You can purchase Cloudflare Enterprise with our Cloud Hosting and Cloud Server Plans as an Add-on.

The Enterprise Add-on is only available with our Hosting Plans. You cannot purchase it separately for using it with your previous Hosting provider. You can ask for further details by contacting us.

8. Website Designing | Content Copyright, Definitions, Revisions, Alterations

Black Ash Studio is responsible for designing and developing the website as per the scope defined in the quotation. In this section, we’ll cover rules regarding Wireframes, Content Copyright, Definitions, Revisions, and Alterations.

Wireframes Or Visual Mockups

Unless explicitly mentioned in this proposal, we do not include wireframes or visual mockups as part of our standard website process.

If you request wireframes or visual mockups, additional charges may apply. The website will be designed and developed on a live staging environment and presented to you via a secure link for your review, feedback, and approval.

Website Content

We require client-approved website content, including logos, website copy, images, videos, and SEO metadata before starting website design and development.

Our services do not include copywriting, SEO research, optimization, or video production unless specifically stated in the quotation.

If you need assistance with any of these services, please contact Black Ash Studio for a separate quotation and guidance.

Website Content Copyright

When providing website content such as photos, videos, or music, ensure you have the appropriate copyright approvals. To avoid legal issues, we recommend purchasing royalty-free media.

Website Content Definitions

  • A website page is defined as a page containing up to 400 words and 5 images.
  • A blog/projects page includes a standard template design and one standard blog article or project.
  • A gallery page displays 10-15 images.

Should any content or characteristics exceed these definitions, Black Ash Studio may provide an additional quotation and guidance.

Website Revisions

Your website package includes one revision of website changes and one final revision of minor text amendments. Additional revisions beyond this may result in extra costs.

Website Project Alterations

Clients may opt for additional website alterations during the project, such as extra pages or functionality. We will always notify clients of any extra costs for transparency.

After website approval, we will invoice clients for additional alterations agreed upon during the project.

9. WordPress Support & Maintenance

Website Maintenance

Black Ash Studio provides website support and maintenance on a month-to-month basis with no locked-in fixed-term agreements. We recommend this service, which includes:

  • Detailed Notes For Every Task
  • Support Time
  • Website Hosting Management
  • Cloud Server Management
  • Email And Chat Support
  • Phone Support
  • Cloud Backups
  • Speed Optimization
  • WordPress Core Updates
  • Plugins And Theme Updates
  • SSL Certificate (License Free)
  • Uptime Monitoring
  • Firewall & Security
  • 1-Click Staging Website
  • On-Page SEO Optimization
  • Premium Theme/Plugin Licenses

Note: Service level depends on the chosen hosting, support, and maintenance plan.

Support Time

Support time for bug fixes or any other problems will be deducted from the Monthly or Yearly support allowance as mentioned in the package.

Browser Testing

We optimize websites for optimal user experience across various browsers and devices, including Apple (Safari), Google (Chrome), Microsoft (Internet Explorer), and Mozilla Firefox.

We do not test non-current, outdated, or abandoned browsers. If needed, contact Black Ash Studio for additional assistance and guidance.

Mobile Devices

We test websites on popular small-screen devices such as iOS (Safari) and Android (Google Chrome, Firefox). We do not test on other mobile browsers. Contact us if you require additional support for other mobile browsers.

Website Backups

We perform automatic backups of every website on a nightly basis, retaining backups for 30 days. Backups are securely stored in line with our best security practices.

Website Bugs/Fixes

Occasionally, websites may appear broken due to software updates or user errors. Black Ash Studio will work to fix website bugs, including updates and troubleshooting.

We do not provide unlimited bug fixes, as we are not responsible for the development and maintenance of WordPress, themes, and plugins.

Support And Maintenance Exclusions

Our services do not cover:

  • Unlimited bug fixes
  • Setting up email on mobile or other devices
  • Technical support for phones, computers, IT, or internet issues
  • Absorbing the cost of domain name and SSL certificate renewals
  • Work or support for 3rd Party Platforms/Plugins (e.g., PayPal, Facebook)

10. On-page SEO And Content Optimization

For On-page SEO and Content Optimization services, information, and terms you can contact us by email or fill out the form.

11. Logo Design

For Logo Design services, information, and terms you can contact us by email or fill out the form.

12. Content Requirements

Supplying of Website Copy

When providing the final client-approved website copy, ensure that each website page is separated in a clear and organized format.

We do not accept handwritten or scanned copies that require retyping. If you need copywriting assistance, please contact Black Ash Studio for a separate quotation and advice.

Supplying of Branding

Please provide Black Ash Studio with the final client-approved branding, including colors, fonts, and visual references in AI, EPS, or PDF formats.

Supplying incorrect or non-final files may result in additional costs. In this case, Black Ash can also help you provide branding services (Colors, fonts) depending on the package you choose.

Supplying of Images or Photography

For images/photography, provide high-resolution files in JPEG, TIFF, or PSD formats. When purchasing stock images, ensure you download the highest available resolution.

If you need assistance acquiring stock images or arranging photography, please contact Black Ash Studio for a separate quotation and guidance.

Supplying of Videos

For videos, upload them in high resolution (HD) to a video content library such as YouTube or Vimeo. Provide the video URLs to embed them in the website.

We do not host videos on our servers. If you require videography assistance, please contact Black Ash Studio for a separate quotation and advice.

13. Platforms and Plugin Usage

WordPress And Plugins

All Black Ash Studio websites are built on WordPress, an open-source CMS platform. We utilize various plugins to enhance website functionality. Additional functionality may entail setup costs and annual licenses.

Black Ash Studio does not control WordPress and is not responsible for disruptions, data loss, limitations, or inconveniences related to it.

WooCommerce

E-commerce websites developed by Black Ash Studio use the WooCommerce plugin. We implement various extensions to extend functionality. Some extensions may involve additional setup costs and annual licenses.

Black Ash Studio does not own or control WooCommerce and is not responsible for disruptions, data loss, or inconveniences related to it.

3rd Party Platforms/Plugins

We use 3rd party platforms/plugins to extend website functionality (e.g., PayPal, WooCommerce, Gravity Forms, Facebook, etc.).

Black Ash Studio neither owns nor controls these and is not responsible for disruptions, data loss, or inconveniences caused by 3rd party platforms/plugins.

Custom Development

We guarantee custom development work upon launch but cannot be held responsible if it breaks or stops working due to software updates (e.g., Browsers, Devices, WordPress, Themes, and Plugins).

We are not liable for disruptions, data loss, or additional costs related to fixing custom development work.

14. Themes And Plugins Intellectual Property

Website themes and premium plugin licenses are owned by Black Ash Studio and are not the client’s intellectual property. Clients can purchase their own licenses if desired. We can provide premium themes and plugins with additional costs.

Please note that Black Ash Studio clients may be required to purchase their own licenses upon request to release their website.

15. Payment Terms And Cancellation

Website Development Payment Terms

A. Initial 50% Website Payment

Upon approving the quotation, Black Ash Studio will issue an initial 50% invoice to start the project. Once the payment is received, the project is started, and a website planning meeting is scheduled or can be discussed by phone, Email, or WhatsApp chat.

B. 25% Website Progress Payment

When we present the new website for client review, a 25% progress invoice will be issued. Payment of this invoice is required before further work.

C. Final Website Payment

Upon approving the website for launch, we will issue the final invoice. It includes the remaining 25% and any additional work resulting from scope alterations.

If there is a client-side delay, this final invoice will also be issued 60 days after the initial invoice or whichever comes first.

Cancellation

In the event of unforeseen client cancellation:

1. A refund, less the establishment fee, will be provided if canceled within 30 days of payment and prior to a website planning meeting.

2. No refund will be provided if the cancellation occurs after the website planning meeting.

16. Client Support and Access

Website Access

Black Ash Studio grants clients Editor-level access to websites, allowing them to add, edit, or delete pages and content.

We remain the sole Administrator for security reasons, as we cannot guarantee the work performed by third parties.

We are not responsible for any loss or damage to the website, backups, or the database once Administrator access has been granted.

Phone & Email Support

Black Ash Studio clients have exclusive access to phone and email support, available from 9 AM To 5 PM (09 To 14) (Mondays to Fridays).

Support hours are specified in each hosting, support, and maintenance plan. If allocated support hours are exceeded, additional support will be charged in 15-minute increments at our hourly rate, billed quarterly.

Support is not available on public holidays or during any cultural festival days. Response times may be up to 24 to 48 hours during peak periods.

17. Website Damage/Loss And Property Rights

Intellectual Property

Upon receipt of the final payment, the website’s structure, design, and content (including images and text) become the intellectual property of the client.

However, any royalty-free images acquired during the project remain the property of their respective creators or image libraries.

17. Damage or Loss

Black Ash Studio is not liable for any damage or loss occurring after handing over the website to the client.

We recommend caution when editing or deleting content, as information can be lost. We also do not assume responsibility for website content.

18. Release and Migration

Release of Website

If you wish to cancel or release your website, we require 30 days’ notice. Upon your request, we will provide the necessary information to transfer the domain name and release premium plugin licenses.

You will have 30 days to set up new hosting, transfer your domain, and have a web developer for the website migration.

After 30 days, we will remove the website from our server and cancel all services. Black Ash Studio is not responsible for data loss during this process.

Migration of WordPress Website to External Hosting Provider

Should you request the migration of your website to an external hosting provider, a migration fee of $250 including GST will apply. We require 30 days’ notice for migrations.

We are not responsible for setting up the new hosting or email accounts, domain name transfer, DNS record updates, zone or email records, which are your responsibility.

19. Payment Methods and Non-Payment

Payment Options

We support EFT, and Payment methods including Payoneer, and Wise as well.

Insufficient Funds

If an automatic eDebit defaults, it will be reprocessed until paid in full, along with a penalty fee of $6.60 per eDebit default. Clients paying via automatic Stripe agree to cover bank, reference, debt collection, or legal fees associated with defaults or legal proceedings.

Cancellation / Failure to Pay

Cancellation of the automatic debit requires 30 days’ written notice. Cancellation will result in the suspension and removal of the website upon payment cessation.

Failure to pay within 30 days will lead to the suspension of your website and email accounts until full payment is received.

After 60 days of non-payment, Black Ash Studio reserves the right to terminate the website and email accounts.

20. Services Review And Crediting

Our Review of Services

Black Ash Studio reserves the right to conduct annual reviews of its services and prices. Any changes will be communicated to clients before implementation.

Black Ash Studio Link and Credit

Our websites include a small Black Ash Studio link in the footer to acknowledge that we have built your amazing website.