Terms of ServiceLast updated: August 20, 2025

Agreement to Terms

By accessing and using the services of Ember Kinetix Studio, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

Services Provided

Ember Kinetix Studio provides web development, design, and related digital services including but not limited to:

  • Custom website development using modern frameworks (Angular, React, etc.)
  • Brand identity design and implementation
  • Website maintenance and updates
  • Digital consultation and strategy services
  • Motion design and user experience optimization

Project Process

Our typical project workflow includes:

  • Initial Consultation: Understanding your business needs and requirements
  • Proposal & Agreement: Detailed project scope, timeline, and pricing
  • Development Phase: Regular updates and client feedback cycles
  • Testing & Review: Quality assurance and client approval
  • Launch & Delivery: Final deployment and project handover

Client Responsibilities

Clients are responsible for:

  • Providing accurate and complete project requirements
  • Supplying necessary content, images, and brand materials in a timely manner
  • Responding to project communications within agreed timeframes
  • Making payments according to the agreed schedule
  • Providing constructive and specific feedback during review phases

Payment Terms

  • Project quotes are valid for 30 days unless otherwise specified
  • A deposit may be required before project commencement
  • Payment schedules will be outlined in individual project agreements
  • Late payments may incur additional fees
  • Final deliverables will be released upon full payment

Intellectual Property

Upon full payment, clients receive ownership of:

  • Custom code developed specifically for the client's project
  • Custom design elements created for the client
  • Content provided by the client

Ember Kinetix Studio retains rights to:

  • General methodologies, techniques, and know-how
  • Reusable code libraries and frameworks
  • The right to showcase completed work in portfolios (unless confidentiality agreements specify otherwise)

Warranties and Limitations

While we strive for excellence in all our work:

  • We provide a warranty period for bug fixes on custom development work
  • We do not guarantee specific business results or outcomes
  • Our liability is limited to the amount paid for services
  • We are not responsible for issues arising from third-party services or hosting

Project Modifications

Changes to project scope, requirements, or timeline:

  • Must be agreed upon in writing by both parties
  • May result in additional costs and timeline adjustments
  • Will be documented in project change orders

Cancellation Policy

Either party may terminate the agreement with written notice. In case of cancellation:

  • Clients are responsible for payment of work completed to date
  • Deposits are non-refundable unless cancellation is due to our inability to deliver
  • Work-in-progress will be delivered in its current state upon payment

Confidentiality

We maintain strict confidentiality regarding:

  • Client business information and strategies
  • Proprietary data and trade secrets
  • Project details (unless permission is given for portfolio use)

Force Majeure

Neither party shall be liable for any failure or delay in performance under this agreement due to circumstances beyond their reasonable control, including natural disasters, government actions, or other unforeseeable events.

Governing Law

These terms shall be governed by and construed in accordance with applicable local and federal laws. Any disputes will be resolved through good faith negotiation or appropriate legal channels.

Contact Information

For questions about these terms or our services:

Email: xavier@emberkinetixstudio.com

Business: Ember Kinetix Studio

Services: Web Development & Digital Design

Updates to Terms

We reserve the right to update these terms as our business evolves. Clients will be notified of significant changes, and continued use of our services constitutes acceptance of updated terms.