Terms of Service - stubbornibex.com

These Terms of Service ("Terms") govern your use of stubbornibex.com, Stubborn Ibex Studios resources, forms, booking tools, downloadable materials, and related services offered by Stubborn Ibex Studios ("Stubborn Ibex," "we," "our," or "us").

By using our website, submitting a form, booking an appointment, downloading a resource, or working with us, you agree to these Terms. If you do not agree, do not use the website or services.

These Terms are general website terms. Paid client work may also be governed by a proposal, statement of work, invoice, service agreement, or other written agreement. If there is a conflict, the signed or project-specific agreement controls for that project.

1. Who We Are

Stubborn Ibex Studios is a web design and digital strategy studio serving clients across the United States from Fort Worth, Texas and Pittsfield, Massachusetts. We provide services such as website design, website redesigns, digital strategy, website content support, domain and hosting setup support, forms, booking tools, payments, email list setup, and simple digital workflow support.

2. Eligibility

You must be at least 18 years old, or the age of legal majority where you live, to hire us or submit a project request on behalf of a business or organization. By using the website or services, you represent that you have authority to act for yourself or the organization you identify.

3. Website Content and Resources

The content on our website is provided for general informational purposes. Pricing examples, service descriptions, checklists, downloads, articles, and other resources are not guarantees, professional legal advice, tax advice, financial advice, or a final quote.

Project pricing, timelines, deliverables, and responsibilities depend on the scope we agree to in writing.

4. Appointments, Forms, and Communications

When you submit a form or book an appointment, you agree to provide accurate information and to avoid submitting information that is unlawful, misleading, confidential without permission, or harmful.

We may contact you by email or other information you provide to respond to your inquiry, confirm appointments, ask follow-up questions, send proposals, or manage project communications.

Booking availability is not guaranteed. We may reschedule, decline, or cancel appointments when necessary.

5. Client Responsibilities

For paid projects, you are responsible for:

Providing accurate project information, content, files, access, approvals, and feedback on time
Ensuring you have the rights to any text, images, logos, trademarks, videos, data, testimonials, or other materials you provide
Reviewing deliverables carefully before approval or launch
Making business decisions about offers, pricing, legal compliance, claims, policies, and customer-facing promises
Maintaining accounts, subscriptions, licenses, domains, hosting, plugins, and third-party services unless a written agreement says otherwise

Delays in client materials, feedback, approvals, access, or payment may affect project timelines.

6. Payments, Deposits, and Refunds

Payment terms, deposits, milestones, retainers, late fees, refunds, cancellation terms, and ownership transfer terms will be stated in the applicable proposal, invoice, statement of work, or service agreement.

Unless a written agreement says otherwise, deposits and payments for completed work, reserved time, strategy, planning, research, setup, design, development, consulting, or digital services are not automatically refundable.

7. Intellectual Property

Your materials

You keep ownership of materials you provide to us, such as your logos, photos, copy, brand assets, business information, and other client content. You grant us permission to use those materials as needed to provide services, create deliverables, communicate about the project, and display approved work as described below.

Our materials

We retain ownership of our pre-existing materials, methods, processes, know-how, templates, strategy frameworks, code snippets, internal tools, design systems, reusable components, documentation structures, and other materials developed independently of your project.

Project deliverables

Rights to final project deliverables are transferred or licensed according to the applicable written agreement. Unless that agreement says otherwise, final deliverables are provided after full payment has been received.

Portfolio use

Unless a written agreement says otherwise, you allow us to identify you as a client and display completed work, screenshots, links, project descriptions, and non-confidential outcomes in our portfolio, proposals, case studies, social posts, and marketing materials. We will not intentionally disclose confidential project information.

8. Third-Party Services

Websites often depend on third-party services such as hosting providers, domain registrars, WordPress, plugins, themes, email platforms, booking tools, payment processors, analytics tools, fonts, stock assets, APIs, maps, video platforms, and social networks.

We are not responsible for third-party outages, policy changes, price changes, security incidents, service limits, plugin conflicts, account restrictions, or changes outside our control. Your use of third-party services is governed by their own terms and privacy policies.

9. Accessibility and Digital Equity

We care about accessibility, clarity, and digital equity. We aim to build websites and digital experiences that are usable, understandable, and respectful.

Accessibility work depends on scope, budget, third-party tools, client-provided content, platform limitations, and ongoing maintenance. Unless a written agreement states a specific accessibility standard, audit process, or compliance requirement, we do not guarantee that any website or deliverable will meet every legal or technical accessibility standard.

If you discover an accessibility issue on our website, contact info@stubbornibex.com.

10. Privacy

Our Privacy Policy explains how we collect, use, and share information. By using our website or services, you also agree to the Privacy Policy.

11. Acceptable Use

You agree not to:

Use the website or services for unlawful, deceptive, abusive, or harmful purposes
Attempt to gain unauthorized access to systems, accounts, files, or data
Interfere with the security or operation of the website
Submit malicious code, spam, or harmful content
Copy, resell, or exploit our website content, resources, or materials without permission
Misrepresent your identity, authority, business, or relationship with another person or organization
Use our work or services in a way that violates laws or third-party rights

12. No Guaranteed Results

We work to provide thoughtful strategy, clear design, and useful digital foundations. However, we do not guarantee specific business outcomes, search rankings, traffic levels, sales, leads, revenue, conversion rates, publicity, platform approvals, or uninterrupted website performance unless a written agreement expressly says so.

13. Disclaimers

The website, free resources, drafts, tools, and general information are provided "as is" and "as available." To the fullest extent permitted by law, we disclaim warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation.

Paid services will be provided with reasonable care and skill, subject to the scope, assumptions, limitations, and responsibilities in the applicable written agreement.

14. Limitation of Liability

To the fullest extent permitted by law, Stubborn Ibex Studios will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, lost goodwill, business interruption, or third-party service failures.

To the fullest extent permitted by law, our total liability for any claim related to the website, resources, or services will not exceed the amount you paid us for the specific service giving rise to the claim during the three months before the event that caused the claim, or $100 if no paid service is involved.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

15. Indemnification

You agree to defend, indemnify, and hold harmless Stubborn Ibex Studios from claims, damages, losses, liabilities, costs, and expenses arising from:

Materials, content, or information you provide
Your use of the website or services
Your violation of these Terms
Your violation of laws or third-party rights
Business claims, promises, products, services, or offers you publish through a website or deliverable

16. Termination

We may suspend or terminate access to the website, resources, or services if we believe you violated these Terms, misused the website, created risk, failed to pay amounts due, or acted in a way that harms us, other users, third parties, or the integrity of the services.

Project termination terms for paid work will be governed by the applicable written agreement.

17. Governing Law and Disputes

Unless a written agreement says otherwise, these Terms are governed by the laws of the state where Stubborn Ibex Studios is legally organized or principally located, without regard to conflict-of-law rules.

Before filing a legal claim, you agree to contact us at info@stubbornibex.com so we can try to resolve the issue informally.

18. Changes to These Terms

We may update these Terms from time to time. The updated version will be posted with a new effective date. Your continued use of the website or services after an update means the updated Terms apply.

19. Contact

Stubborn Ibex Studios
Website: https://stubbornibex.com
Email: info@stubbornibex.com
Headquarters: Fort Worth, Texas and Pittsfield, Massachusetts