Agreement
These terms govern the relationship between MUSHIN Design Studio (“Studio”) and any client (“Client”) who engages the Studio for services. By agreeing to a project proposal or making a payment, the Client accepts these terms in full.
Scope of Services
The Studio provides web design, web development, local search optimization, branding, photography coordination, video production, content strategy, and related digital services. The specific scope, deliverables, timeline, and pricing for each project are defined in a written proposal or statement of work provided before any work begins.
Work outside the agreed scope is not included in the project price. Additional requests will be quoted separately and require written approval before proceeding.
Proposals and Acceptance
All proposals are valid for 30 days from the date of issue. Pricing in expired proposals may be subject to revision. A project begins when the Client accepts the proposal in writing (email is sufficient) and the deposit payment is received.
Payment
Structure
All projects require a 50% deposit before work begins. The remaining 50% is due upon project completion, before final deliverables are handed over. For projects exceeding $10,000, a three-part payment structure may be arranged: 40% deposit, 30% at midpoint, and 30% upon completion.
Monthly Services
Maintenance and ongoing service agreements are billed monthly or annually in advance. Annual billing includes one month free as stated on the pricing page.
Late Payment
Invoices are due within 14 days of issue. A late fee of 1.5% per month applies to unpaid balances after the due date. The Studio reserves the right to pause active work on any project with an outstanding balance exceeding 30 days.
Methods
Payment is accepted via bank transfer (ACH), check, or credit card. Payment processing fees for credit card transactions are the responsibility of the Client.
Timeline
Estimated timelines are provided in each proposal. These estimates assume timely feedback and deliverables from the Client. Delays caused by late feedback, missing content, or delayed approvals extend the project timeline accordingly. The Studio will communicate any timeline changes promptly.
Client Responsibilities
The Client agrees to:
- Provide necessary content, assets, brand materials, and access credentials in a timely manner
- Designate a single point of contact authorized to provide feedback and approvals
- Respond to feedback requests within 5 business days unless otherwise agreed
- Review deliverables thoroughly before approving each project phase
Failure to provide required materials or feedback within 15 business days of a request may result in the project being placed on hold. Reactivating a paused project may require a revised timeline and, in some cases, additional charges.
Revisions
Each project phase includes two rounds of revisions as part of the agreed scope. A revision is defined as a set of changes submitted together at one time. Additional revision rounds beyond the included two are billed at $150 per hour.
Revisions apply to work within the agreed scope. Requests that change the project direction, add new pages, or introduce functionality not included in the original proposal are treated as scope changes and quoted separately.
Intellectual Property
Client Ownership
Upon full payment, the Client receives full ownership of all final deliverables including design files, code, content, and any custom assets created for the project. This includes source files (Figma, code repositories) and all production assets.
Pre-existing Materials
Any tools, frameworks, templates, or code libraries created by the Studio prior to the project, or licensed from third parties, remain the property of their respective owners. The Client receives a perpetual, non-exclusive license to use these materials as part of the delivered project.
Portfolio Rights
The Studio retains the right to display completed work in its portfolio, website, social media, and marketing materials unless the Client requests otherwise in writing.
Confidentiality
All client information, business data, credentials, and project details are treated as confidential. The Studio will not disclose confidential information to any third party without the Client's written consent, except where required by law.
This obligation survives the termination of the project.
Third-Party Services
Some projects may involve third-party services such as hosting providers, domain registrars, stock photography, fonts, plugins, or API integrations. The cost of third-party services is the responsibility of the Client unless explicitly included in the proposal. The Studio is not responsible for changes in pricing, terms, or availability of third-party services.
Hosting and Domain
The Studio does not provide hosting or domain registration services. Recommendations will be provided when requested. The Client is responsible for maintaining hosting and domain accounts after project handover. If the Studio manages these accounts during the project, all credentials and access will be transferred to the Client upon completion.
Warranties and Liability
The Studio guarantees that all work will be delivered to a professional standard and in accordance with the agreed proposal. A 30-day post-launch support period is included with every website project, covering bug fixes and minor adjustments related to the delivered work.
The Studio is not liable for:
- Loss of revenue, data, or business opportunity resulting from the use or inability to use the delivered work
- Issues caused by third-party services, hosting providers, or software not under Studio control
- Unauthorized modifications to the delivered work made by the Client or other parties after handover
- Search engine ranking outcomes, as rankings are influenced by factors outside any single party's control
Total liability for any claim related to a project is limited to the amount paid by the Client for that project.
Termination
By the Client
The Client may terminate a project at any time with written notice. Work completed up to the termination date will be invoiced based on the percentage of the project completed. The deposit is non-refundable. If the work completed exceeds the deposit amount, the difference is due within 14 days.
By the Studio
The Studio may terminate a project with 14 days written notice if the Client fails to meet payment obligations, becomes unresponsive for more than 30 days, or engages in conduct that makes continued collaboration untenable. In this case, work completed will be delivered and invoiced as described above.
After Termination
Upon termination by either party, all Client-owned materials and credentials are returned. The Studio retains the right to be compensated for all work completed.
Force Majeure
Neither party is liable for delays or failure to perform obligations due to circumstances beyond reasonable control, including natural disasters, government actions, internet outages, or pandemic-related disruptions. The affected party will notify the other promptly and make reasonable efforts to resume performance.
Dispute Resolution
Both parties agree to attempt to resolve any dispute informally before pursuing legal action. If informal resolution fails, disputes will be resolved through binding arbitration in the Commonwealth of Massachusetts under the rules of the American Arbitration Association. Massachusetts law governs these terms.
Entire Agreement
These terms, together with the project proposal or statement of work, constitute the entire agreement between the Studio and the Client. Amendments must be in writing and agreed to by both parties.
Contact
Questions about these terms can be directed to hiro@mushin.design.