Terms and Conditions
Part A applies to everyone who uses this website. Part B applies if you hire us. Part C applies to both. Last updated August 2026.
The short version
We build your website for a one-time build fee, then host and run it for a monthly fee. The build fee is split into a $100 deposit that books your build into the schedule and the balance at launch, and you see the finished site before that balance is due: if it is not right, you do not pay it and you owe nothing beyond the deposit. What we build is yours from the day it launches, on every plan. The monthly is hosting and looking after it, it has no minimum term, and you can end it in writing whenever you like: we stop hosting the site and hand you a copy of everything so you can take it elsewhere. And if we ever look at a deal and decide it was not fair to you, we give the money back, less what we paid out and the hours actually worked. Your domain is yours throughout, and so is everything you gave us.
One thing to know in advance: from 14 December 2027 we do support and content updates at weekends only, and we stop guaranteeing the response times that apply before then. Your fee does not change, hosting and security keep running as normal, and you can end the monthly if it does not suit you. If we fall short after that date and do not fix it once you have told us, you can end it that day and owe nothing further. And if we ever stop offering the service altogether, you get the site for nothing: we sign it over, the fee stops, and we help you move it.
This summary is for convenience only. The numbered terms below are what actually apply.
Part A: This website
Applies to everyone who uses bluegrovestudios.com, whether or not you become a client.
1. About these terms
This website, bluegrovestudios.com, is run by Bluegrove Studios (“we”, “us”, “our”), an online business based in the United States.
These Terms come in three parts. Part A covers using this website and applies to every visitor. Part B covers the services we supply and applies once you hire us. Part C is legal wording that applies to both. By using this website you accept Parts A and C. If you do not accept them, please stop using the website.
2. Your rights under local law
The law where you live or do business may give you rights that a contract cannot take away, and may make some of these terms unenforceable.
Nothing here is intended to exclude or limit any right, guarantee, or remedy that applicable law says cannot be excluded or limited. If something here goes further than the law allows, it only applies as far as it legally can, and the rest of these Terms carry on as normal. If the law says you get a right, a notice, or a refund that these Terms do not give you, the law wins.
This section beats every other section here.
3. Using this website
You may use this website to read about our services, contact us, and send a booking request. What you must not do: use it to break the law, try to break into it, get in its way, scrape it hard enough to slow it down, or put false information into its forms. We may cut off access if you do.
The design, text, graphics, and code of this website belong to us. You can read the pages and print them to weigh us up. Beyond that, do not copy, republish, or sell any part of it without our written permission. This is about our website. The site we build for you is a different question, answered in section 14 and section 15.
We link to other people's sites to save you looking them up. We do not control them and we are not vouching for them. We try to keep this website up, but we cannot promise it, and we may change or remove any part of it without telling you first.
4. Prices and information here
Prices on this website, including on the Web plans page, are there to give you a guide. Where a Plan has a range, that is the range. Where the work is quoted per project, the figure is where that tier starts. Neither one is a binding offer. The written quote we give you is the thing that binds us.
We keep this website as accurate as we can, but we cannot promise there are no mistakes in it. Nothing here is legal, financial, tax, or professional advice. Timings and results we mention, including launch times and anything about showing up in search, are examples of what usually happens. They are not a promise about your project.
Part B: Our services
Applies once you hire us. Until then, only Parts A and C apply to you.
5. Who we work with
We work with businesses across the United States, and we take on clients outside it too. Where we work with clients abroad, section 2 and section 23 explain how local law fits with these Terms.
Sales tax. Where a sale is taxable, tax is added to the fees in your quote rather than included in them, as section 12 sets out. It appears as its own line on your invoice so you can see exactly what it is.
6. The agreement, and how we work
We have an agreement once you accept a written quote from us, or once you pay the deposit in section 12, whichever comes first. Your quote and these Terms together are the whole of it. If the two ever disagree, your quote wins, and only for your project.
We are an online business with no shop, studio, or office open to the public. We work remotely, by phone, video call, email, and text. Nothing here promises a visit or a meeting face to face. If a job would normally mean turning up somewhere, photography for example, we tell you before you commit, and we either quote it separately or explain how to do it remotely.
7. What the words mean
- Build fee is the one-time fee for designing, building, and launching the Site, as set out in your quote.
- Monthly fee is the recurring fee for hosting, backups, security updates, maintenance, and the content updates included in your Plan.
- Deposit is the $100 payable to book your build into the schedule, set against the Build fee. Section 12 governs it in full.
- Plan is the service tier described on our Web plans page and named in your quote.
- Site is the website, store, or application we build and run for you.
- Client Materials are the text, images, logos, video, and data you supply or ask us to publish, and that did not come from us.
- Site Content is what we make for you: the words we write, the layout and design we produce, and any images we create or license for your Site.
- Third-Party Services are services run by others that your Site depends on: platform, hosting, registrar, payment, email, scheduling, analytics, and advertising providers.
- Consumer is a client acting mainly outside a trade, business, or profession, where the applicable law treats them as one.
- Business day is Monday to Friday, excluding US federal public holidays. The move to weekend working in section 9 does not change this definition for counting periods.
- Day means a calendar day, used wherever a period is counted in days rather than business days. Counting starts the day after whatever set it off, and the period ends at 11:59pm on the last day. If that day is not a business day, it ends at 11:59pm on the next one that is.
8. What we do, and what is out of scope
We design, build, and launch the Site described in your quote. After launch we host it, back it up, keep its security and platform updates current, and make the number of content changes your Plan includes. Section 9 says when that work happens, and it changes on 14 December 2027. We sometimes use subcontractors. If we do, their work is still our responsibility to you.
Anything not listed in your quote or on the Web plans page for your Plan is out of scope. That includes copywriting beyond the pages quoted, photography, video, print design, ongoing SEO campaigns, paid advertising management, and custom development. We can quote for any of them separately.
What is in the build, and changes to it. Your quote fixes what we are building: how many pages, which features, which forms, which integrations, how many products loaded. Two rounds of changes before launch are included. Anything past what was agreed, or a third round, costs extra. We tell you the price in writing, tell you what it does to the timeline, and wait for your yes before starting.
Timings. A launch date we give you is an honest estimate, and it assumes you send us what we need without long gaps. It is not a deadline you can hold us to unless we have agreed a specific date in writing. In legal terms, time is not of the essence unless we have said so in writing.
9. When we work, and what changes in December 2027
Until 14 December 2027. Anything that needs a person, meaning support, content changes, and whatever else you ask for, we do on business days, Monday to Friday.
From 14 December 2027. We do that work at weekends only, and we stop promising the response times, turnaround times, and availability that applied before. From that date, if anything else in these Terms, on our website, or in your quote says something different about when we work or how fast we answer, this section wins.
We are telling you now, not changing it later. If you accept these Terms on or after the day this section went up, it is part of our agreement from the start, no matter when your Plan begins. If you accepted them before that day, it only reaches you through section 22, including the notice period there.
What does not change. Hosting, backups, and security updates run automatically and are unaffected. The number of content updates in your Plan does not reduce, only the days we carry them out. Your Monthly fee will not increase because of this, and section 10 lets you leave outright if we fall short after that date.
Requests sent midweek. From that date, a request you send on a weekday counts as arriving on the first weekend day after it, for working out any turnaround in your Plan. We might get to it sooner. We do not have to.
If your Site goes offline. We act as soon as we reasonably can, whichever day it is. We do not guarantee a response time, and the disclaimer in section 20 still applies.
If it does not suit you. We write to remind you at least 30 days before the change. You can then cancel under section 13 with nothing to pay for leaving, and nothing further is payable under section 15. We will not treat leaving for this reason as you breaking the agreement.
10. If we fall short after 14 December 2027
What this does. If, on or after 14 December 2027, we fall short of the standard below and do not put it right after you tell us, you can walk away that day. The Monthly fee ends there and then, we refund the part of the current month you have not used, and we hand over a copy of everything under section 15. The Site was already yours, so nothing you paid for is affected.
Section 9 takes away the response times that applied before that date. This section draws the line past which a delay stops being a slower service and starts being us falling short.
What counts as falling short. Any one of these, where the cause is within our reasonable control:
- we do not carry out a content update included in your Plan within 21 days of the request counting as received under section 9;
- we do not reply to a written request within 14 days of receiving it; or
- your Site is offline for more than 72 hours in a row.
Telling us, and our chance to fix it. You tell us in writing which has happened. We then have 14 days to put it right. If we do, nothing changes and your Plan carries on. If we do not, your right to leave arrives automatically at the end of those 14 days, with nothing further needed from either of us.
How leaving works then. Tell us in writing and it takes effect that day, rather than at the end of the billing period the way section 13 normally would. We refund the unused part of the month. None of the remaining no further Monthly fee is payable. We will hand back a copy of your own content at no charge, and we will not treat your leaving as a breach.
What it does not do. It does not cancel your Plan by itself: the choice is yours and you may simply carry on. It does not change your Monthly fee while you stay. And anything you already owe is still payable.
When it does not apply. Four cases. When something outside our control caused it under section 22. When a Third-Party Service went down under section 17. When we were waiting on something you owed us under section 18. And while your Plan is suspended for non-payment under section 12. This right to leave is on top of anything else the law gives you, and section 2 applies here as it does everywhere.
11. Accessibility
What we do as standard. We build to common accessibility practice on every site at no extra charge: readable contrast, alternative text on images where you supply it, headings in a sensible order, labelled forms, and pages that work with a keyboard.
What we do not promise. Unless your quote says otherwise, we are not promising that the Site meets WCAG at any particular level, or that it complies with the ADA, Section 508, the European Accessibility Act, or any law like them. Meeting a standard like that takes an audit, then fixing what the audit finds, then testing it again. That is separate work and we are happy to quote for it. Whether your business has to meet a standard depends on your industry, your size, and where you are, and that duty is yours rather than ours. Tell us if one applies to you and we will tell you honestly what it would take and what it would cost, before you commit.
Your content, and other people's parts. Client Materials are yours to get right: the alternative text and captions you send us, the documents you ask us to put up. We point out problems we spot, but we do not audit your material. Parts of the Site that come from a Third-Party Service, a booking widget or a payment page for example, are built by that provider, so we cannot control how accessible they are or promise anything about them. If the problem is in work we made, tell us and we fix it free, as part of your included updates.
12. Fees, payment, and late payment
Your prices. What you pay is what your accepted quote says, in US dollars. Those figures leave out sales tax, use tax, VAT, GST, anything like them, and any withholding the law requires. Where one of those applies, it is added on top.
Deposit and balance. You pay a $100 deposit to book your build into the schedule before work starts, and we do not put your build in the diary until it arrives. Your quote gives the exact figure. It comes off the Build fee rather than being an extra charge. The rest is due at launch, and we can hold the launch back until it is paid. Invoices are due within 14 days unless we have said otherwise.
Monthly fee. It starts at launch and is billed a month ahead. You pay nothing monthly while the Site is being built. We can change it, with at least 30 days’ written notice. If you do not want the new price, you can cancel before it starts under section 13, and no further Monthly fee is payable if the reason you are leaving is the increase.
If payment is late. If a Monthly fee fails or goes unpaid, we email the address on your account. If it is still unpaid 14 days later, we can suspend the Site, which means taking it offline. Suspending it does not wipe out what you owe. Once the balance is paid we put the Site back up, and we may charge a fair fee for doing so, which we tell you about beforehand.
Retention and deletion. We keep your Site files for 30 days from suspension. After that we may delete them permanently and are not obliged to recover a deleted Site. We will warn you by email first. Ask us before they go and we will hand back a copy of your own content at no charge, as section 15 says. If the Site is already yours under section 14, we do not delete it. We take it off our hosting and hand it over, and what you owe us is still owed.
Interest. On money that is overdue we can charge interest at 1.5% a month, or the most the law allows if that is less, worked out daily from the due date. Pay what you owe in full rather than holding back part of it against something else, unless the law says you can.
13. Cancelling, refunds, and ending the agreement
If a deal turns out unfair, we give the money back. Sometimes something is inside these Terms and still not right. If that happens, tell us. We will look at what went on, and if we decide you did not get a fair deal, we refund what you paid us. Two things stay out of the refund: money we paid other people for your project, and the hours actually worked, charged at the rate in your quote. We show you both figures with the refund, and we will not pad either one to swallow it. This is ours to offer rather than yours to demand, so it is not a right you have to argue for. It is also on top of everything the law already gives you, never instead of it. See section 2.
Cancelling before work begins. We refund the deposit in full.
Cancelling partway through a build. The deposit goes against the work already done, because it is paying for time we have already spent. We tell you what we did. If that work is worth less than the deposit, we refund you the difference.
Cancelling the Monthly plan. Cancel whenever you like, in writing. There is no long-term contract and nothing to pay for leaving. It takes effect at the end of the month you are in. What you have already paid for that month is not refunded, unless the law says it must be. If you have an unpaid Monthly fee under section 15, the rest of it is payable. Email support@bluegrovestudios.com. You do not need any particular form of words.
Stopping payment is not the same as cancelling. To cancel, tell us. If a payment fails, or you just stop paying and say nothing, we do not read that as cancelling. We treat it as non-payment under section 12, chase you for it, and suspend and then take the Site offline while we do. You end up worse off than if you had cancelled, because the Monthly fee keeps falling due until you give us notice in writing, so you can end up owing for months the Site was down. One email to support@bluegrovestudios.com avoids all of it, and we will not argue about the wording.
What cancelling means. It depends on whether the Site is yours yet. If you are behind on a Monthly fee, cancelling ends your license under section 14 and we take the Site offline at the end of the billing period. We keep your files for 30 days before deleting them, and we will hand back a copy of your own content at no charge if you ask inside that window. If the Site is already yours, none of that happens: we stop hosting it at the end of the billing period and hand it over instead, the way section 15 sets out. Either way your domain is unaffected and stays yours.
Your statutory cancellation rights. Where the law gives you a right to cancel within a set period, such as a cooling-off right for online contracts or a right under a state consumer statute, it applies in addition to this section. If you exercise it having asked us to start work during that period, we may charge only for work actually done, so far as the law allows, and refund the rest.
If we end it. We can end the agreement on 30 days’ written notice. We can end it immediately if you break these Terms in a serious way and either cannot put it right or have not done so within 14 days of us asking. Either way we will hand back a copy of your own content at no charge before your files are deleted. If we give notice for a reason that is not you breaking the agreement, we refund the part of any Monthly fee you have not used, and the rest of the unused part of the month in section 15 is refunded.
What survives. Sections 2, 10, 14, 15, and 20 to 23 carry on after this agreement ends, along with any money already owed. A Monthly fee is in that list because any part of it still unpaid when you leave is still payable, and because the promise to hand your own content back outlives the agreement it sits in.
14. Who owns what
What you give us stays yours. Client Materials stay yours: your logo, your photos, your product descriptions, anything you hand over. You are giving us permission to use them and change them to build and run the Site. In doing that, you are confirming you are allowed to use them, and that our using them treads on nobody else's rights.
What we make becomes yours. We own the Site as built while the term runs: its Site Content, its design, its code, its setup, and the words we wrote. Until then you have a license to use the Site for your business, which you cannot pass to anyone else. Once you have paid the Build fee in full under section 15, ownership of the Site passes to you and stays with you whether or not you carry on with us. There is no figure you can pay to bring that forward on a fixed Plan; the term is what buys it. A VIP Build starts where a fixed Plan ends up, owned from launch: see section 16.
Using the words elsewhere. Before the Site is yours, you can still use the Site Content in your own marketing for the same business: a flyer, a social post, a listing. You cannot license it to anyone else or use it for a different business. That permission ends if you leave before the Site becomes yours, and you do not have to destroy anything already printed, but do not put it to new use after that. Once the Site is yours this paragraph stops mattering, because the Site Content is yours to use however you like.
When the Site does become yours. When the Build fee is paid in full, which is at launch on every Plan, fixed and VIP alike. There is no waiting period and nothing else to pay for it. If we stop offering the services before you have paid, section 19 signs it over to you at no charge instead. Either way, every right we hold in the Site Content, the design, and the code written for you passes to you. Three things do not come with it. Our own tools, libraries and know-how, which we carry from job to job. Third-party and open-source parts, which keep their own licenses. And stock photos or fonts licensed to us rather than to you, which you may need to license yourself. Ask and we will tell you which is which.
Your domain. If we register a domain for you, we register it in your name. If you already have one, we connect it and you stay in control of it. It is yours whatever happens to your Plan, and we will not hold it back. The registrar's fees go to them, not to us. Where renewing it is part of your Monthly fee, we renew it for as long as the Plan is running and paid. If the Plan ends or is suspended, renewing it becomes your job, and a domain that lapses after that is not on us.
Your site in our portfolio. Once your Site is live we may show it as an example of our work: your business name, your logo, screenshots, and a link. We will not show anything behind a login, your sales or visitor numbers, anything you told us was confidential, or anything about you personally. We will not say you recommend us, and we will not quote you unless you gave us the words for that. Tell us in writing at any time and we take it down from anything we control within 30 days. You do not have to give a reason and it costs you nothing, though we cannot always call back something already printed. We may also put a small credit in your Site footer, and we remove that free if you ask.
15. The Monthly fee, and ending it
This section is the whole story on the Monthly fee and how it ends. If any other part of these Terms disagrees with it, this section wins.
There is no minimum term. Your Plan does not run for a set number of months. The Monthly fee is payable monthly from launch for as long as you want us hosting and looking after the Site, and not a month longer. Your quote states your Monthly fee. If your quote says something different from this page, your quote is what applies.
What it pays for. The Build fee pays for building the Site and buys it outright. The Monthly fee is a separate thing: hosting, backups, security patching, maintenance and the content updates included in your Plan. It buys none of the Site and none of it is a repayment of anything.
Ending it. Tell us in writing under section 13. The Monthly fee stops at the end of the month you are in and nothing further is payable: no cancellation fee, no penalty, and no months you did not use. We do not ask for a reason and we will not argue about it.
What happens to the Site when it ends. The Site is already yours under section 14, so nothing is taken away from you. What ends is our hosting of it. We take it off our hosting at the end of your final month, and before we do we hand over a copy of everything: the files, the Site Content and the setup, so you can host it wherever you like. We do not charge for the handover.
What that means in practice. The Site stops being reachable at its address once we stop hosting it and until you or somebody else puts it back online. That is the practical consequence of ending the Monthly fee, and it is not a penalty: it is what hosting is. Your domain stays in your name throughout, so pointing it at new hosting is yours to do whenever you are ready.
If we are the ones ending it. If we end your Plan on notice and it is not because you broke these Terms, if section 10 applies, or if section 19 applies because we are the ones stopping, you owe nothing further and we refund the unused part of the month you are in. We will not use our own notice, our own shortfall, or our own closure to collect fees for months we did not serve.
There is nothing to buy out. There is no figure you can pay to own the Site, because you already own it from the day it launches. That is what changed: the Build fee now covers the build outright rather than being subsidised by a run of Monthly fees. Section 14 sets out who owns what.
What you keep whatever happens. The Site itself, under section 14. Your domain, because it was always registered in your name. Your Client Materials, because they were always yours. And the right to have us hand back a copy of your own content, which we will do at no charge.
16. VIP builds
This section governs VIP Builds in full. A VIP Build is a project bought from our VIP websites page, either a website tier or a store tier. It works differently from every other Plan on this site, so if anything else in these Terms disagrees with this section, this section wins for a VIP Build. Anything this section does not cover applies to you as written.
Bought outright, project by project. You pay the Build fee and owe nothing after it. The Site becomes yours the moment the Build fee is paid in full, under section 14, exactly as it does on a fixed Plan. What a VIP Build changes is not ownership: it is that the work is quoted for your project rather than picked off a list of Plans, and the Monthly fee that hosts and looks after it is set by the tier you buy. Section 15 governs that fee here the same way it does everywhere else.
Hosting and accounts are yours. Your domain, hosting account, and email accounts are set up in your name and billed to you by those providers directly. We do not host a VIP Build for you unless you take the optional monthly service below. Third-Party Service fees are yours under section 17, and keeping the Site online, secure, and backed up is yours from launch.
The optional monthly service. Rather than running the Site yourself, you can ask us to run it: hosting, backups, security updates, and the content changes your quote agrees. While it runs, we host the Site for you. The fee for your tier is on our VIP websites page and in your quote. It is month to month and you can cancel in writing whenever you want. Cancelling properly does not take your Site down and does not touch your ownership. We move it into your own hosting account and our work on it stops, and that is all that happens. You can start it, stop it, and start it again later at whatever the rate is then.
What the monthly does not cover on a store. It covers running the store, not stocking it. Adding products, changing prices or descriptions across a catalogue, swapping a range for the season, restocking: those we charge for separately, because that work grows with how much you sell rather than with the Site. We quote it before we do it, never after. Your platform’s own fees and its cut of each sale are yours to pay under section 17 either way.
Stopping payment is not notice here either. While the monthly service runs, we are the ones hosting the Site. So if you stop paying and say nothing, we treat it as non-payment under section 12 and the Site goes offline, just as section 13 describes. Owning the Site does not put us under a duty to keep serving it to the public for someone who has stopped paying us to. You still own it and we still hand over the files. You will just have had an outage that one email would have prevented.
Priority debugging. A separate monthly service, at the price published on our VIP websites page. We find and fix faults on a Site you host and run yourself. It does not include hosting, backups, security updates, or content changes, which is what makes it different from the monthly service above. It covers faults, meaning things that used to work and have stopped, plus small fixes. New features, redesigns, and work on anything other than the Site we built get quoted separately, and we tell you before we start rather than quietly treating it as covered. It is month to month and you can cancel in writing whenever you want. You cannot take it alongside the monthly service above, which already does this work.
Timing. The launch times quoted elsewhere on our website are for the standard plans. A VIP Build is sized to your project, so the schedule that counts is the one we agree in writing before you pay the deposit.
17. Third-party services
Your Site may depend on Third-Party Services: Shopify, Square, WordPress hosting and plugins, registrars, payment processors, email providers, analytics, and Google services, depending on your Plan.
Their fees are separate from ours and you pay them directly. Where we manage advertising, our fee for managing it is separate from the ad budget, which you pay the platform. Each of them has its own terms, and following those is your responsibility. If one goes down, slows down, puts its prices up, changes its rules, or shuts, that is not something we are responsible for, and neither is any loss that comes out of it.
18. What we need from you
- Supply materials, information, and approvals within a reasonable time. If we are waiting on you for more than 30 days we may pause and reschedule your build, and any timeline estimate stops applying.
- Make sure Client Materials are accurate, lawful, and free of anyone else’s intellectual property you are not licensed to use.
- Keep your contact and billing details current, and any credentials we give you secure.
- If your Site takes payments or handles personal data, follow the laws that apply to your business: consumer law, tax, accessibility, privacy. We can point things out, but keeping to them is yours. Section 11 sets out how accessibility splits between us.
- Look over the Site before launch. Once you approve the launch, we take it that the Site matches what was agreed. That does not affect your rights under section 20.
What the Site must not be used for. You must not use your Site or our services, or let anyone else use them, to publish anything unlawful, defamatory, obscene, fraudulent, infringing, or harmful. Not to send bulk email nobody asked for. Not to spread malware. Not to try to get into a system you have no right to. And not in a way that overloads shared infrastructure. If we have good reason to think any of that has happened, or that hosting it puts us or our suppliers at legal risk, we can suspend the Site straight away without notice. We tell you as soon as we can, and where the problem can be fixed, we give you the chance to fix it.
19. If we stop providing the services
We are a small business. If we ever wind down, cannot continue, or stop offering a Plan, you should not lose the site you have been paying for. So:
- we give you at least 90 days’ written notice, unless something outside our control makes that impossible, in which case as much as we practically can;
- the Monthly fee stops the day the services stop, and we refund the part of anything already paid that you have not used;
- you get the Site. We transfer ownership to you at no charge, on every Plan, and no further Monthly fee is payable. Amounts you already owe remain payable;
- we give you the files in a normal, usable format, plus a fair amount of help moving to another host, for at least 30 days after the services end; and
- the 30-day deletion in section 12 does not apply where we are the ones stopping. We keep your files until the transfer is done or you tell us you no longer need them.
Selling the business is a different thing. If someone buys us and carries on the services, this section does not apply. Your Plan continues on the same terms, and section 22 covers the handover. This section is about the services stopping, not about them changing hands.
Part C: Legal
Applies both to your use of this website and to any services we supply.
20. Warranties, liability, and indemnity
What we promise. We do the work with reasonable care and skill. For 30 days after launch, if something we built stops the Site working the way your quote describes, we fix it free. That does not cover faults caused by Client Materials, by changes you or someone else made, by a Third-Party Service, or by not following sensible instructions we gave you.
What we do not promise. That is the whole of what we promise. Past it, as far as the law allows, this website and our services come with no other warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Two things worth saying plainly: we are not promising the Site or its hosting will never go down or never have a bug, and we are not promising any search ranking, any level of traffic, any conversion rate, or any result for your business.
What we are always on the hook for. Nothing here limits what we owe you for death or injury caused by our negligence, for fraud, for gross negligence or deliberate wrongdoing, or for anything else the law does not let us limit.
What we are not on the hook for. Beyond those, we are not liable for lost profit, lost revenue, lost business, savings you expected to make, goodwill, or data, or for any indirect, incidental, special, punitive, or consequential loss, however it came about.
The cap. Beyond those, add everything up and the most we can owe you under these Terms is $500, or the fees you paid us in the 12 months before whatever went wrong, whichever of the two is higher. If you are not a client and have paid us nothing, the most is $100. You have one year to bring a claim, counted from when you first knew the facts behind it or should have known them. That one year does not apply if you are a Consumer, or if the law does not allow the time to be shortened.
Keep your own copies. Keep a copy of anything you would hate to lose. Our backups are there so we can get the service running again. They are not a filing cabinet for your business.
If someone sues us over your content. If a claim comes at us because of your Client Materials, because of how you used the Site, or because you broke section 18, you cover what it costs us, including reasonable legal fees, as far as the law allows. Not the part we brought on ourselves by breaking these Terms, by negligence, or on purpose. And not at all if you are a Consumer and consumer law does not allow it.
Some places do not allow limits like these. Where that is true, this section only applies as far as it legally can, and what we owe you is limited to the least the law allows. See section 2.
21. Privacy and confidentiality
How we handle personal information collected through this website is in our Privacy Policy.
While building, hosting, or looking after your Site we sometimes handle personal information for you. When we do, we act on your instructions and use it only to do the job. We keep it reasonably safe, we will not sell it or pass it around, and at the end we delete it or hand it back if you ask. The personal information your Site collects is yours to answer for: having a lawful reason to collect it, putting up a privacy notice, and getting whatever cookie or tracking consent your law asks for.
Some laws want a specific written data processing agreement or transfer mechanism. The CCPA, another US state privacy law, the UK GDPR, or the EU GDPR, for example. If one applies to you, ask and we will sign a reasonable one. Where it disagrees with this section, it wins.
Keeping things quiet. Each of us keeps the other's private information private, and uses it only to carry out this agreement. Three things fall outside that: information that becomes public without it being our doing, information we already had with no duty to keep it quiet, and information the law or a court order makes us hand over, where we tell you if we are allowed to. Showing your finished Site in our portfolio under section 14 is a small exception, and you can opt out of it whenever you like.
22. General
Things neither of us can control. If we fail or run late because of something outside our reasonable control, that is not on us. Hosting or internet failure, a Third-Party Service going down, a cyber-attack, a power cut, a strike, an epidemic, a natural disaster, war, or an act of government. If it drags on past 60 days, either of us can end the agreement in writing.
Everything by email. We work online. You are agreeing to get quotes, invoices, and notices by email or text, and that an electronic record or signature counts as writing or a signature wherever the law allows it. You can take that agreement back, but we may then not be able to keep working for you. Notices have to be in writing, and can be emailed to the address on your account or to hello@bluegrovestudios.com, and count as received the next business day.
Changes to these terms. We can update these Terms. The new version goes up here and the date at the top changes. Changes to Part A count from the moment they are posted. If a change to Part B or C takes something real away from a current client, we give at least 30 days’ written notice first, and carrying on using the services after that counts as accepting it. If you would rather not, you can cancel under section 13, with no further Monthly fee payable if the change is why you are leaving. Changes never reach back and apply to work already done.
What counts, and what wins. Your accepted quote and these Terms are the whole agreement. They replace anything said or proposed before. If two parts disagree, the order is: section 2 beats everything, then your quote, then Part B, then Part C, then Part A. And a section that says it covers a subject in full, like section 15, beats a passing mention somewhere else.
The rest. A handful of standard points:
- You cannot hand this agreement to someone else without our written say-so, and we will not withhold that unreasonably. We can hand it to whoever takes over our business, on notice.
- If part of this is unenforceable somewhere, it is first read as narrowly as it can be. Only if that fails is it dropped, and only for that place. The rest stays in force everywhere.
- Letting something slide once does not mean we have given up the right to it.
- None of this makes us partners, a joint venture, or your employee. We work as an independent contractor.
- Only you and us can enforce these Terms. Nobody else can.
- These Terms are written in English, and the English version is the one that counts, as far as the law allows.
23. Governing law and disputes
Talk to us first. Before either of us goes to court, we both agree to spend 30 days from written notice genuinely trying to sort it out by talking. Most problems are cheaper and quicker to fix that way.
Business clients and visitors. If you are not a Consumer, Texas law governs these Terms and any argument about them, without regard to its conflict-of-laws rules, and the state and federal courts in Texas are where it gets heard. The UN Convention on Contracts for the International Sale of Goods does not apply.
Consumers. If you are a Consumer, the paragraph above does not take away any protection you get automatically under the law where you normally live, and you can bring a case there.
No forced arbitration. We are not making you go to arbitration. Nothing here signs away your right to bring your own claim in small claims court, or to join a class action where the law gives you that right.
24. Contact
Bluegrove Studios is an online business with no premises open to the public. The fastest way to reach us is:
(469) 209-9346
hello@bluegrovestudios.com
If you are already a client, support@bluegrovestudios.com reaches us faster for changes, faults, and anything to do with a live site.
If you need a mailing address for a formal legal notice, email us and we will provide one.