Terms of Service

By accessing or using the Hermes Studio website (hermesstudio.com) and services, you agree to be bound by these Terms of Service ('Terms'). If you do not agree to these Terms, you may not access or use our services.

These Terms constitute a legally binding agreement between you ('Client', 'you', or 'your') and Hermes Studio ('Company', 'we', 'us', or 'our'). We reserve the right to modify these Terms at any time, and such modifications shall be effective immediately upon posting.

Your continued use of our services following any modifications indicates your acceptance of the updated Terms. We encourage you to review these Terms periodically.

Website Preview Service

Hermes Studio provides custom website preview design services for local businesses. Our preview-first approach allows clients to review a complete website design before committing to a paid engagement.

Website Development

Upon client approval of a preview, we provide full website development, including responsive design, content integration, and deployment to production servers.

Ongoing Services

For clients on monthly plans, we provide ongoing hosting, maintenance, content updates, security monitoring, and technical support as described in the selected service plan.

Service Availability

We strive to make our services available 24/7. However, we may temporarily suspend access for scheduled maintenance, emergency repairs, or circumstances beyond our reasonable control. We will provide advance notice of planned maintenance when possible.

Accurate Information

You agree to provide accurate, current, and complete information when requesting our services. You are responsible for maintaining the accuracy of your account information.

Content Ownership

You represent and warrant that any content you provide to us (text, images, logos, trademarks) is owned by you or that you have the right to use it. You grant us a license to use, modify, and display such content for the purpose of providing our services.

Timely Communication

You agree to respond to project-related communications within a reasonable timeframe. Delays in communication may affect project timelines.

Prohibited Uses

You agree not to use our services for any unlawful purpose, to transmit harmful or offensive content, to infringe on intellectual property rights, or to engage in any activity that could damage, disable, or impair our services.

Free Preview

Website previews are provided free of charge and without obligation. You are not required to purchase any services after receiving a preview.

Service Plans

Paid services are billed according to the pricing displayed on our website at the time of purchase. Monthly plans are billed in advance on the same date each month. One-time purchases are billed in full at the time of order.

Payment Methods

We accept major credit cards, debit cards, and bank transfers through our payment processor, Stripe. All payments are processed securely and in accordance with PCI DSS standards.

Late Payments

For monthly plans, if payment fails, we will attempt to charge your payment method up to three times over 10 days. If payment cannot be collected, your service may be suspended until payment is resolved.

Price Changes

We reserve the right to modify our pricing at any time. Existing clients on monthly plans will receive 30 days' notice before any price increase takes effect.

Pre-Launch Ownership

All website designs, code, and creative work produced by Hermes Studio remain our intellectual property until full payment is received. Previews are provided for evaluation purposes only.

Post-Launch Ownership

Upon receipt of full payment, you own the final website design and content. We retain ownership of our proprietary tools, frameworks, and design systems used to create your website.

Portfolio Rights

We reserve the right to display completed work in our portfolio, case studies, and marketing materials, unless otherwise agreed in writing.

Client Content

You retain all rights to content you provide to us. We will not use your content for purposes other than providing our services without your written consent.

Service Warranty

We warrant that our services will be performed in a professional and workmanlike manner, consistent with industry standards. If you are not satisfied with our work, we will make reasonable efforts to address your concerns.

No Guarantee of Results

While we strive to create effective websites, we do not guarantee specific business outcomes, search engine rankings, traffic levels, or conversion rates. Many factors beyond our control affect these metrics.

Disclaimer

EXCEPT AS EXPRESSLY SET FORTH HEREIN, 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, OR NON-INFRINGEMENT.

Liability Cap

IN NO EVENT SHALL HERMES STUDIO'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Exclusion of Damages

IN NO EVENT SHALL HERMES STUDIO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES.

Force Majeure

We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to natural disasters, acts of government, internet outages, or third-party service failures.

Termination by Client

You may terminate your monthly plan at any time with 30 days' written notice. Upon termination, you remain responsible for any outstanding payments. We will provide your website files within 14 days of termination.

Termination by Company

We may terminate your service if you breach these Terms, fail to make required payments, or engage in prohibited activities. We will provide 30 days' notice before termination, except in cases of severe breach where immediate termination may be necessary.

Effect of Termination

Upon termination, your right to use our services ceases immediately. Sections regarding intellectual property, limitation of liability, and dispute resolution survive termination.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Oregon, without regard to its conflict of law provisions.

Informal Resolution

Before initiating any formal proceedings, you agree to first contact us at legal@hermesstudio.com to attempt to resolve the dispute informally. We will make good-faith efforts to resolve disputes within 30 days.

Binding Arbitration

If informal resolution fails, any dispute arising from these Terms shall be resolved through binding arbitration in Portland, Oregon, in accordance with the rules of the American Arbitration Association.

Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Hermes Studio regarding our services, superseding any prior agreements or communications.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

Assignment

You may not assign your rights or obligations under these Terms without our written consent. We may assign our rights and obligations without restriction.

Waiver

Our failure to enforce any right or provision of these Terms shall not be considered a waiver of such right or provision.

Contact Information

For questions about these Terms, please contact us at legal@hermesstudio.com or write to: Hermes Studio, 123 Design Street, Suite 200, Portland, OR 97201.