These Terms govern your use of the Kush Studio website (the "Site") and any web design services ("Services") you request. By using the Site or engaging our Services, you agree to these Terms.
Kush Studio is a web design service building custom websites for small businesses in the McKinney and Frisco, Texas area.
Nothing on this Site is a binding offer or a guaranteed price. Prices shown are starting points and depend on the project. Submitting the contact form does not create an agreement or oblige either of us to anything.
Every project is confirmed separately in writing — scope, price, timeline, and payment terms — before any work begins. That written project agreement, together with these Terms, is the full agreement between us. If the two conflict, the project agreement controls.
Each project agreement lists exactly what is included: the number of pages, the specific features, and what is being delivered.
Anything not listed is not included. Unless the project agreement says otherwise, projects do not include: e-commerce or payment processing, booking or scheduling systems, custom backend or database development, content writing, logo or brand design, photography, SEO services, ongoing marketing, or third-party service subscriptions.
Work outside the agreed scope will be quoted separately and requires your written approval before it starts.
Each project includes 2 rounds of revisions, as specified in your project agreement.
A "revision round" is one consolidated set of change requests based on work already delivered. Requests that add new pages, new features, or change agreed direction are new work, not revisions, and will be quoted separately.
Additional revision rounds beyond those included are billed at $25 per round.
Timelines assume you provide what we need when we need it. You agree to:
Client-supplied content. You are responsible for the legality and licensing of everything you provide. If a third party claims that content you gave us infringes their rights, you agree to cover any resulting claims against Kush Studio.
Delays. Delays caused by late materials or unresponsiveness extend the delivery date accordingly and are not a basis for a refund or discount.
We'll deliver work at agreed checkpoints for your review.
If you do not provide written feedback within 7 business days of delivery, that deliverable is considered approved, and the project moves to the next stage.
Abandonment. If you are unresponsive for 30 consecutive days, we may close the project. Work completed to that point is invoiced in full and the deposit is not refundable. Reopening a closed project may require a new agreement.
Payment terms are set in your project agreement. Unless stated otherwise:
Chargebacks. If you dispute a charge for work delivered and approved, we will contest it with our records of your written approvals. Filing a chargeback for delivered work is a breach of these Terms, and Section 7 applies.
Ownership transfers only on payment in full. Until your final invoice is paid, Kush Studio retains all rights to the designs, code, and files produced. Any use of that work before full payment is unlicensed.
Once paid in full, you own the final delivered website design, layout, and content produced specifically for you.
What does not transfer: our reusable components, frameworks, internal tooling, code libraries, development processes, and any pre-existing work. We keep the right to reuse these on other projects. You receive a license to use them as part of your site, not ownership of them.
Third-party assets (fonts, stock images, plugins, themes) remain governed by their own licenses. We'll tell you what a site depends on; maintaining those licenses after delivery is your responsibility.
Portfolio rights. We may display completed work, screenshots, and a description of the project in our portfolio and promotional materials. Tell us in writing if you'd prefer we don't, and we won't.
We make reasonable efforts to produce work that fits your taste and expectations, but Kush Studio is a professional exercising independent design judgment. Dissatisfaction with the style or aesthetic of a deliverable that meets the agreed specifications is not grounds for a refund.
This is why we build in review checkpoints: they exist so direction is settled early, while changes are easy. Please use them.
Deposits are non-refundable once work has begun. Any refund beyond that is at our discretion and covers undelivered work only.
We deliver a website. We do not guarantee any business result — traffic, search ranking, leads, sales, or revenue. Those depend on many factors outside our control.
Projects include 30 days of support after launch, covering defects in work we delivered — things that don't function as specified.
Not included: new features, design changes, content updates, third-party service breakage, problems caused by changes you or others make, or hosting and domain issues. These are billable, or can be covered by a maintenance retainer.
Unless agreed otherwise, you own your domain and hosting accounts in your own name and under your own payment method. We work as a collaborator on your accounts.
We are not responsible for outages, data loss, expired domains, lapsed renewals, or anything else caused by your hosting or domain providers. We do not front recurring costs on your behalf.
Either of us may end a project in writing. If you cancel, work completed to that point is invoiced and due, and the deposit is not refunded. If we cancel for reasons other than your breach, we'll refund any amount paid for work not yet performed.
To the fullest extent permitted by law, Kush Studio's total liability for any claim relating to the Site or our Services is limited to the amount you actually paid us for the project in question.
We are not liable for indirect, incidental, consequential, special, or punitive damages, including lost profits, lost data, or business interruption.
Kush Studio operates as an independent contractor. Nothing here creates an employment, partnership, joint venture, or agency relationship.
These Terms are governed by the laws of the State of Texas.
Before filing anything, both parties agree to first attempt to resolve the dispute directly, in writing, allowing at least 14 days to respond. Any dispute that can't be resolved that way will be brought in the state or county courts of Collin County, Texas.
We may update these Terms. Changes are posted here with a revised date and apply to new projects. Existing projects remain governed by the Terms in effect when their project agreement was signed.
If any provision is found unenforceable, the rest stays in effect.
Questions about these Terms: me@kushjoshi.me