Terms of service.

Morton Grove Studio provides creative and technical services that may include website design and development, game design and development, brand identity, and related creative work. The specific scope, deliverables, timeline, and fees for any engagement will be described in a separate proposal, statement of work, quote, or order form (“Project Agreement”). If a Project Agreement conflicts with these Terms, the Project Agreement controls for that engagement.

Proposals and quotes are valid for the period stated in them, or 30 days if no period is stated. A project is confirmed when you accept the proposal in writing and pay any required deposit.

To let us deliver on time, you agree to:

• provide accurate, complete information and any materials, content, credentials, and access we need;
• review deliverables and provide feedback and approvals promptly;
• ensure you have the rights to any materials you supply to us; and
• designate a point of contact authorized to make decisions and approvals.

Delays caused by late materials, feedback, or approvals may affect the timeline and cost of the project.

Fees. Fees are set out in the applicable Project Agreement. Unless stated otherwise, quoted fees do not include taxes, third-party costs (such as hosting, domains, plugins, fonts, stock assets, or app subscriptions), or expenses, which are your responsibility.

Deposits and schedule. We may require a deposit before work begins and may invoice in stages or milestones. Payment is due by the date stated on each invoice.

Late payment. Invoices not paid by the due date may be subject to a late fee and/or suspension of work until payment is received. You remain responsible for fees for work performed.

Refunds. Deposits and payments for work already performed are non-refundable except as expressly stated in a Project Agreement.

Each Project Agreement describes the number of revision rounds included. Additional revisions, new requirements, or work outside the agreed scope (“change requests”) may require additional fees and a revised timeline, which we will communicate before proceeding.

Pre-existing and third-party materials. Each party retains ownership of materials it owned before the engagement. Third-party assets (such as fonts, stock images, plugins, libraries, and software) are licensed under their own terms, and you are responsible for maintaining any required licenses.

Our tools and methods. We retain ownership of our general know-how, tools, templates, frameworks, code libraries, and processes that we use across projects, including any that are incorporated into deliverables. We grant you a license to use those elements as part of the final deliverables.

Transfer of deliverables. Upon full payment of all amounts due for a project, we assign to you the ownership rights in the final deliverables created specifically for you under the Project Agreement, except for the pre-existing, third-party, and general materials described above, which are licensed rather than assigned.

Until payment. Until all invoices for a project are paid in full, all deliverables and work product remain our property, and any license or use rights are conditional on full payment.

Unless you request otherwise in writing, you grant us the right to display the work we create for you, and to identify you as a client, in our portfolio, website, and marketing materials. We will not disclose information you have designated as confidential.

Each party may receive confidential information from the other. Both parties agree to use the other’s confidential information only to perform under the engagement and to protect it from unauthorized disclosure. This does not apply to information that is public through no fault of the receiving party, already known, independently developed, or required to be disclosed by law.

You agree not to misuse the Site, including by attempting to gain unauthorized access, interfering with its operation, introducing malicious code, scraping content without permission, or using the Site for any unlawful purpose.

Our Services and deliverables may depend on third-party platforms and services (for example, hosting providers, content management systems, app stores, payment processors, and analytics tools). We do not control and are not responsible for those third parties, and their terms and availability may change.

We will perform the Services in a professional and workmanlike manner. Except for that commitment, the Site and Services are provided “as is” and “as available,” and we disclaim all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site or any deliverable will be uninterrupted, error-free, or free of vulnerabilities, or that it will meet requirements not stated in the Project Agreement.

To the maximum extent permitted by law, Morton Grove Studio will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or related to the Site or Services. Our total liability for any claim arising out of or related to an engagement will not exceed the total fees you paid to us for that engagement.

You agree to indemnify and hold harmless Morton Grove Studio from claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from materials you provide, your use of the deliverables, or your breach of these Terms or applicable law.

Either party may terminate an engagement as described in the applicable Project Agreement, or, if no such terms exist, with written notice. On termination, you agree to pay for all Services performed and costs incurred up to the termination date. Sections relating to intellectual property, confidentiality, warranties, liability, and indemnification survive termination.

These Terms are governed by the laws of the State of Texas, United States, without regard to conflict-of-law principles. The parties agree that any dispute not resolved informally will be brought exclusively in the state and federal courts located in Harris County, Texas, and each party consents to the jurisdiction and venue of those courts, except where applicable law provides otherwise.

We may update these Terms from time to time. When we do, we will revise the “Effective date” above and post the updated Terms on the Site. Changes do not apply retroactively to engagements already governed by an accepted Project Agreement. Your continued use of the Site or Services after changes take effect means you accept the updated Terms.

Questions about these Terms can be directed to:

Morton Grove Studio
Email — [email protected]
Web — mortongrovestudio.com