1. Agreement to Terms
These Terms of Service ("Terms") govern your access to and use of the website located at webgemstudios.com (the "Site") and any design, development, or consulting services ("Services") provided by Web Gem Creative Studio ("Web Gem," "we," "us," or "our"). By accessing the Site or engaging our Services, you agree to be bound by these Terms. If you do not agree, do not use the Site or Services.
2. Services
Web Gem provides website design, development, and related creative services on a project or retainer basis. The specific scope, deliverables, timeline, and fees for each engagement are defined in a separate written proposal, statement of work, or invoice ("Project Agreement"). In the event of a conflict between these Terms and a Project Agreement, the Project Agreement controls for that engagement.
3. Fees and Payment
Fees are quoted in U.S. dollars and are due according to the schedule set out in the applicable Project Agreement (typically a deposit at kickoff with the balance due upon delivery or at defined milestones). Invoices not paid within fifteen (15) days of the due date may be subject to a late fee of 1.5% per month or the maximum allowed by law, whichever is lower. We reserve the right to pause work on overdue accounts.
4. Client Responsibilities
You agree to provide content, feedback, approvals, and access (such as hosting and domain credentials) in a timely manner. You represent and warrant that any materials you supply — including text, images, logos, and trademarks — are owned by you or properly licensed, and that we may use them for the purposes of the engagement without infringing any third-party rights.
5. Intellectual Property
Upon full payment of all fees due under a Project Agreement, you receive ownership of the final deliverables created specifically for you, excluding any third-party components (fonts, plugins, stock assets, open-source libraries) which remain subject to their original licenses. Web Gem retains ownership of all preliminary concepts, source files not delivered as final, internal tools, and underlying methods, and reserves the right to display the work in our portfolio and marketing materials.
6. Revisions and Changes
The Project Agreement specifies the number of revision rounds included. Additional revisions, expansions to scope, or changes requested after approval will be quoted separately and require written approval before work proceeds.
7. Third-Party Services
Projects may rely on third-party platforms (such as hosting providers, domain registrars, content management systems, analytics, and payment processors). You are responsible for any fees charged by those providers and for complying with their terms. Web Gem is not liable for outages, changes, or failures of third-party services.
8. SMS / Text Messaging Terms
Program description. By opting in to our SMS/text messaging program, you agree to receive text messages from Web Gem Creative Studio. The types of messages you may receive include service alerts (such as appointment reminders, project updates, and account notifications), promotional messages (such as offers, announcements, and marketing communications), and general notifications related to your inquiries or engagement with us.
Opt-out instructions. You can cancel the SMS service at any time by replying STOP to any text message you receive from us. After you send the message STOP, we will send you a confirmation message and you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. For help, reply HELP or contact us at info@webgemstudios.com.
Message and data rates. Message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
Carrier liability disclaimer. Carriers are not liable for delayed or undelivered messages. Delivery of messages is subject to the effective transmission from your wireless service provider/network operator and is outside of our control. T-Mobile and other carriers are not liable for delayed or undelivered messages.
Age restriction. You must be at least 18 years of age to use this SMS service. By opting in, you represent and warrant that you are 18 years of age or older and that you are the account holder or have the account holder's permission to enroll the mobile number you provide.
9. Warranty Disclaimer
The Site and Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Web Gem disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site or Services will be uninterrupted, error-free, or free of harmful components.
10. Limitation of Liability
To the maximum extent permitted by law, Web Gem's total aggregate liability arising out of or relating to these Terms or any Project Agreement shall not exceed the total fees paid by you to Web Gem in the three (3) months preceding the event giving rise to the claim. In no event shall Web Gem be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, or lost data.
11. Indemnification
You agree to indemnify and hold harmless Web Gem and its affiliates from any claim, demand, or expense (including reasonable attorneys' fees) arising out of (a) content or materials you provide, (b) your use of the deliverables in violation of law or third-party rights, or (c) your breach of these Terms.
12. Termination
Either party may terminate an engagement for material breach if the breach is not cured within ten (10) days of written notice. Upon termination, you remain responsible for fees for work completed up to the termination date, and any rights to deliverables transfer only upon full payment.
13. Governing Law
These Terms are governed by the laws of the United States and the state in which Web Gem is principally located, without regard to conflict-of-law principles. Any dispute arising under these Terms shall be resolved in the state or federal courts located in that jurisdiction, and you consent to the personal jurisdiction of those courts.
14. Changes to These Terms
We may update these Terms from time to time. The "Last updated" date above reflects the most recent revision. Continued use of the Site after changes are posted constitutes acceptance of the updated Terms.
15. Contact
Questions about these Terms can be sent to info@webgemstudios.com.
16. Privacy Policy
Your use of the Site and Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your information. By using the Site or Services, you also agree to the terms of our Privacy Policy.