By engaging with any services by PeachBurst e-studio, you, the Client agree with the following conditions:
 

Independent Contractor

PeachBurst e-studio and its Client are independent parties and nothing in this Agreement shall constitute either party as the employer, principal or partner of or joint venture with the other party. Neither the Client nor PeachBurst e-studio has any authority to assume or create any obligation or liability, either express or implied, on behalf of the other. 
 

Authorization

As Independent Contractor, Client authorizes PeachBurst e-studio to install developed website on webspace purchased by Client on an Internet connected server. The Client also authorizes PeachBurst e-studio to access this webspace account and authorizes the Internet Service Provider of the webspace to provide PeachBurst e-studio with appropriate access to files, folders, and programs which are necessary for the Website. Further, Client authorizes PeachBurst e-studio to lawfully access any computer system in furtherance of this Agreement.
 

ISP

The Client understands that any Internet Service Provider (ISP) services require a separate contract with the ISP of the client's choice. The client agrees to select an ISP which allows PeachBurst e-studio full access to the Web site and a cgi-bin directory via FTP or full server access, or to sign up for web hosting with PeachBurst e-studio.
 

Payment Cancellation, Refund Policy and Chargeback (opens in new window)

Project Time Frame

Project time frame is the time we start working on your project to the time it is scheduled to finish. The exact time to start and finish a project depends on the following factors:  completion of initial or final fees required to commence the project; completion of files and any other information needed by PeachBurst e-studio from the Client (you) or any third-party involved to commence the project; unavoidable technical difficulties such as fluctuation of energy resources and our server but not limited to this; and any other unavoidable circumstances nature has to offer that is beyond the control of PeachBurst e-studio causing delay to start or finish the project. 
 
PeachBurst e-studio shall not incur any liability or penalty for delays in the completion of the project due to such factors and any other circumstances unforeseen. If such event(s) occur, it shall entitle PeachBurst e-studio to extend the completion/delivery date by the time equivalent to the period of such delay.
 

Project Delivery/Shipping

The client will assume any materials and cost needed for shipping or insurance costs related to the project. Any alteration or deviation from the above specifications involving extra costs will be executed only upon approval with the client.
 
In the event any material necessary for the production of the project must be shipped to a third party for additional processing, typesetting, photographic work, color separation, press work, or binding, the designer will incur no liability for losses incurred in transit, or due to the delay of the shipper of the third party.
 

Copyright and Ownership

Website elements furnished by the client.  The client guarantees that any website element such as text, graphics, photos, designs, trademarks, software, standard code, and any other website element furnished to PeachBurst e-studio for inclusion in the project are owned by the client, or that the client has express permission from the rightful owner to use each of the elements, and will hold harmless, protect and defend PeachBurst e-studio and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
 
Ownership of Original Work.  This includes original works for website design, development and graphic design services the client proposed to PeachBurst e-studio and all other original works created by our partners and us.  PeachBurst e-studio retains copyright ownership of all original works or parts contained therein, whether preliminary or final, until payment has been received in full, or until chargeback had been cleared. Upon receipt of full payment for all services rendered, ownership of codes and images created by PeachBurst e-studio and its partner(s) are transferred to the client for use for the business the website design was created.  This ownership, however does not apply for our subscribers under Special Website Hosting Plan (please read under Website Ownership for Special Website Hosting Subscribers) .

Copyright and Copyright Infringement.  While you are granted to right of full use of your website, you cannot claim copyright ownership of the software, programs, images and any other codes that comprise your website, unless otherwise you are licensed to do so.  Graphics originally created by PeachBurst e-studio and its partners are copyright of PeachBurst e-studio and its partner authors, and are nontransferable.  You are allowed to have such customized designs or codes altered by other designers or respective authors other than PeachBurst e-studio and its partner, but the original work credit shall remain that of PeachBurst e-studio and its respective partner authors.
 
You, as the owner of your website have the sole responsibility for any consequences of copyright infringement and disputes of the elements and contents that you entered to your website or supplied to us for use of your website’s functionality.  Therefore, you shall not obtain or claim any works created by other authors unless you are permitted or licensed to do so.
 
Use of Licensed Work.  Licensed work includes free or paid works either created by PeachBurst e-studio or its third parties.  Licensed works include website elements (i.e., software, text, graphics, etc.) and other graphics used beyond your website.  The rights of ownership of such works are nontransferable to the client, and remain the property of their respective owners.  Clients are also prohibited to reproduce or redistribute in any form of trade (free or commercial) such works unless agreed upon in writing between the client and the work author, or as stated in the license of work.
 
Use of Unlicensed Work.  PeachBurst e-studio strictly respects the hard work of authors producing works licensed or unlicensed. Limitation of use of any produced works not originally owned by the client applies, which includes prohibition to reproduce or redistribute in any form of trade (free or commercial) of such works unless agreed upon in writing between the client and the original work author.
 
Right to Use of Project.  PeachBurst e-studio retains the right to use the completed project for the purpose of marketing materials and portfolio. Any preliminary designs not used for client’s project may be used by PeachBurst e-studio in future projects for other clients.
 

Website Services & Cessation of Service

Websites That We Do Not Consider and Strictly Prohibit are websites containing pornography; illegal operations (i.e., illegal drugs and drug components/materials, terrorism, etc.); violence/brutality; racial discriminatory; and all other contents we deem inappropriate morally and intellectually.  We have the right to terminate any of our website services with you should your website contain such prohibited and any unlawful activities.
 
Re-use of website design drafts.  You are bound to agree that the drafts provided to you to finalize the design of your website, use or unused belong to PeachBurst e-studio, and shall not be re-used for other projects other than for the website that it was intended to be used.
 
Redistribution of website element.  Redistribution of the website element such as programs/software, and other codes that comprise your website may not be re-distributed unless otherwise noted or permitted/licensed to do so.
 
 

Disclaimer and Limitations of Liability

Under no circumstances, shall PeachBurst e-studio or any of employees, directors, officers, agents, vendors or third-party authors, associates, affiliates, family members, clients or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use this web site, and our products and services.
 
This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether in contract, negligence or other tortuous action, even if an authorized representative of PeachBurst e-studio has been advised of or should have known of the possibility of such damages.
 
Although we try our best to serve you better, in conditions where you are dissatisfied with our products and/or services, this website or any content on the site, or with these terms and conditions, your sole and exclusive remedy is to discontinue using this website and or our products/services. You acknowledge that, by your use of this website, and our products and services, is at your own risk.
 
Furthermore, through this website you are able to link to other websites which are not under the control of PeachBurst e-studio. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
 
Every effort is made to keep the website up and running smoothly. However, PeachBurst e-studio takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
 
Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, therefore some of the above limitations is inapplicable. Without limiting the foregoing, in no event will the aggregate liability to you of the indemnified persons exceed, in the total amount of $50.00.