1. Agreement to Terms
By accessing obsidianmade.com (the “Site”) or engaging Obsidian Made(“we,” “us,” “our”) for design or development services, you (“you,” “client”) agree to these Terms of Service. If you do not agree, please do not use the Site or engage our services.
These Terms govern both your use of the Site and any custom services we provide. Where a signed proposal or invoice contains project-specific terms, those terms supplement — and, where conflicting, supersede — the provisions below.
2. Our Services
Obsidian Made is an independent design and development studio. We build custom websites, landing pages, and related digital experiences. Our standard offerings include the Essential, Advanced, Premium, and Custom packages described on the Site. Custom and out-of-package work is scoped on a per-project basis.
We reserve the right to decline any project at our sole discretion.
3. Quotes, Proposals & Scope of Work
All quotes are estimates and remain valid for 30 days unless otherwise stated. The final scope of work — including pages, features, integrations, content responsibilities, and timeline — will be confirmed in a written proposal or invoice before work begins. That confirmed proposal forms the binding scope for the engagement.
4. Payment Terms
- A non-refundable deposit of 50% of the project fee is due before work begins.
- The remaining balance is due before the site is published to your live domain (or, for milestone-based projects, on the schedule defined in the proposal).
- Payments are made via the methods listed on the invoice.
- Late payments may incur a 1.5% monthly service charge after a 7-day grace period and may pause active work until resolved.
5. Revisions & Change Requests
Each package includes a defined number of revision rounds (see the Services section of the Site). Revisions within those rounds are included at no additional cost.
Requests that fall outside the original scope — including new pages, additional features, fundamental design direction changes after approval, or content rewrites — are considered change requests and will be quoted separately before work proceeds.
6. Client Responsibilities
To deliver on time and on budget, we ask that you:
- Provide content (text, images, brand assets, accounts/logins for any required integrations) in usable form on the agreed schedule.
- Respond to feedback requests within five business days. Delays in feedback may extend the timeline accordingly.
- Designate a single point of contact authorized to approve work on your behalf.
- Ensure that any content, imagery, or assets you provide do not infringe the rights of third parties.
7. Intellectual Property
- Pre-existing intellectual property — frameworks, libraries, internal tooling, design systems we bring to the project — remains our property.
- Custom design and code produced specifically for your project transfer to you on receipt of final payment in full. Until then, all deliverables remain our property.
- Third-party assets used in your project (stock photography, fonts, plugins, integrations) are subject to their respective licenses. You are responsible for any ongoing license, subscription, or usage fees associated with them.
- We retain the right to display the final work in our portfolio, case studies, and marketing materials, including the Site and our social channels, unless you request otherwise in writing.
8. Hosting, Domain Names & Maintenance
Unless explicitly included in your proposal, hosting, domain registration, SSL, ongoing maintenance, content updates, and third-party service subscriptions are the responsibility of the client. We're happy to recommend providers or quote ongoing support separately.
9. Satisfaction Promise & Cancellation
We commit to iterating within the agreed scope until you are genuinely happy with the result.
Either party may terminate the engagement in writing. If you terminate after work has begun:
- The deposit is non-refundable.
- You will be billed for all work completed up to the date of termination, pro-rated at our standard rate.
- Any deliverables already paid for in full transfer to you as outlined in Section 7.
If we terminate due to non-payment, prolonged unresponsiveness (30+ days), or a material breach of these Terms, the same conditions apply.
10. Warranties & Disclaimers
We deliver our work with reasonable care and skill, using current best practices for performance, accessibility, and security. However, we make no guarantee of specific business outcomes — traffic, rankings, conversions, or revenue — because those depend on factors outside our control.
The Site and any deliverable we produce are provided “as is” and “as available” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, except as expressly stated in your signed proposal.
11. Limitation of Liability
To the maximum extent permitted by law, our total liability for any claim arising out of or related to these Terms or our services is limited to the total amount you paid us for the specific project giving rise to the claim. We are not liable for indirect, incidental, consequential, special, or punitive damages, including lost profits or business interruption.
12. Confidentiality
Both parties agree to keep confidential any non-public information shared during the engagement — business plans, customer lists, internal documentation, and similar materials — and to use it only for the purpose of the project. This obligation survives termination of the engagement.
13. Governing Law
These Terms are governed by the laws of the State of Texas, United States, without regard to its conflict-of-law principles. Any disputes arising from these Terms or our services will be resolved exclusively in the state or federal courts located in Harris County, Texas.
14. Changes to These Terms
We may update these Terms from time to time. Updates take effect on the date posted at the top of this page. Continued use of the Site or our services after changes are posted constitutes acceptance of the revised Terms.
15. Contact
Questions about these Terms? Reach out at obsidianstudio.dev@gmail.com.