Terms & Conditions | Pinnacle Web Studio

By engaging Pinnacle Web Studio or signing any project proposal or invoice, you ("Client") agree to be bound by these Terms in full. Please read them carefully before proceeding.

1. Parties & Scope

These Terms & Conditions ("Terms") govern the relationship between Pinnacle Web Studio, a sole-proprietor web design and development business located in Savage, Minnesota ("Pinnacle," "we," "us," "our"), and any individual or business entity ("Client," "you," "your") that engages our services or accesses our website at pinnacleweb.studio.

These Terms apply to all services including but not limited to: custom web design, web development, website redesigns, e-commerce builds, search engine optimization (SEO), branding, and professional photography (subject to the separate Photography Services Terms).

2. Project Engagement & Proposals

2.1 Project Proposals

All project quotes and proposals are valid for 30 days from the date of issue. After 30 days, pricing is subject to change without notice. A written proposal, signed contract, or paid deposit constitutes Client's acceptance of these Terms and any project-specific terms outlined in that proposal.

2.2 Scope of Work

Pinnacle will deliver only the services specifically described in the agreed-upon proposal or invoice. Any work requested beyond that scope ("scope creep") is not included and will be quoted separately before work begins. Verbal requests do not alter the agreed scope — all scope changes must be confirmed in writing (email is acceptable).

2.3 Client Responsibilities

Client agrees to:

Provide all required content (text, images, branding assets, credentials) within 14 days of project kickoff unless otherwise agreed in writing
Respond to questions, review requests, and approval requests within 5 business days
Designate a single primary point of contact for the project
Ensure all content and materials provided to Pinnacle are legally owned by Client or properly licensed for use
Provide accurate business information for all website content

Failure to provide required materials or timely approvals may result in project delays, additional fees, or project suspension at Pinnacle's sole discretion.

3. Payment Terms

3.1 Deposit Requirement

All projects require a non-refundable deposit of 50% of the total project price before any work begins. The remaining 50% is due upon project completion, before final files are delivered and/or the website goes live.

3.2 Payment Schedule

For projects over $5,000, Pinnacle may offer a structured payment schedule (e.g., 50% deposit, 25% at midpoint, 25% on launch). Any such schedule will be outlined in the proposal.

3.3 Late Payments

Any invoice balance not paid within 10 days of its due date will be assessed a late fee of 1.5% per month (18% annually) on the outstanding balance. Pinnacle reserves the right to suspend or withhold delivery of work product — including website files, hosting access, or going live — until all outstanding balances are paid in full.

3.4 Collections

In the event Pinnacle must pursue collection of unpaid amounts, Client agrees to pay all reasonable costs of collection, including attorney's fees and court costs.

3.5 Accepted Payment Methods

Pinnacle accepts payment via bank transfer (ACH), credit/debit card (processing fee may apply), check, or other methods as agreed in writing. All prices are in U.S. dollars.

4. Revisions & Change Orders

4.1 Included Revisions

Each package includes a defined number of revision rounds as stated in the project proposal. A "revision round" is a single consolidated set of feedback submitted at one time. Revisions must be submitted in writing.

4.2 Additional Revisions

Revisions beyond those included, or requests that constitute a redesign or scope change, will be billed at Pinnacle's current hourly rate of $85/hour, invoiced and due before the additional work begins.

4.3 Design Approval

Client has 5 business days to review each design deliverable and provide written feedback. If no response is received within 5 business days, the deliverable is deemed approved and the project moves forward.

5. Project Timeline & Delays

Pinnacle will make reasonable efforts to meet any estimated timeline provided. However, timelines are estimates only and are not guaranteed unless expressly committed in writing.

Pinnacle is not responsible for delays caused by: Client's failure to provide materials or approvals on time; third-party services (hosting providers, domain registrars, payment processors); or circumstances beyond Pinnacle's reasonable control.

If a project is delayed more than 30 days due to Client inaction, Pinnacle reserves the right to reschedule the project based on current availability and/or assess a project restart fee of up to 15% of the original project cost.

6. Intellectual Property & Ownership

6.1 Client Ownership Upon Full Payment

Upon receipt of final payment in full, Pinnacle assigns to Client all rights, title, and interest in the custom design and code created specifically for that project. Client owns their finalized website.

6.2 Pinnacle Retains

Notwithstanding the above, Pinnacle retains ownership of:

All source code libraries, frameworks, templates, plugins, and tools used in development (these are licensed to Client, not transferred)
All professional photography delivered under a Pinnacle photography engagement (governed by the Photography Services Terms)
Any work product for which full payment has not been received
The right to display the completed project in Pinnacle's portfolio and marketing materials

6.3 Third-Party Assets

Websites may incorporate licensed third-party assets (fonts, stock images, plugins, etc.). These assets remain subject to their own license terms. Client is responsible for maintaining any required licenses after project handoff.

6.4 Client-Provided Content

Client represents and warrants that all content, images, trademarks, and materials provided to Pinnacle are owned by Client or properly licensed, and do not infringe any third-party rights. Client agrees to indemnify and hold Pinnacle harmless from any claims arising from Client-provided content.

7. Confidentiality

Both parties agree to keep confidential any non-public information shared during the course of the engagement. Pinnacle will not disclose Client's proprietary business information to third parties without consent. This obligation does not apply to information that is publicly available or required to be disclosed by law.

8. Cancellation & Refunds

8.1 Cancellation by Client

Client may cancel a project at any time by providing written notice. The following cancellation policy applies:

Cancellation before any work has begun: Deposit is forfeited; no further charges
Cancellation after work has begun: Client owes the deposit plus payment for all work completed at $85/hour, not to exceed the total project price
Cancellation after design approval: Client owes 75% of the total project price

All deposits are non-refundable. Refunds are not issued for completed work or for dissatisfaction with delivered work that conforms to the approved scope.

8.2 Cancellation by Pinnacle

Pinnacle reserves the right to terminate a project for cause (including non-payment, abusive conduct, or Client's breach of these Terms). In such cases, Client owes for all work completed to date. Pinnacle will refund any prepaid amount exceeding the value of work completed.

9. Warranties & Disclaimers

Pinnacle warrants that services will be performed in a professional manner consistent with industry standards. Pinnacle does not warrant:

That any website will achieve specific search engine rankings or traffic goals
That any website will be free from all errors or operate without interruption
Specific business results, conversions, or revenue from any website
Compatibility of the website with every possible browser, device, or future software update

EXCEPT AS EXPRESSLY STATED ABOVE, ALL SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PINNACLE WEB STUDIO'S TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY CLIENT FOR THE SPECIFIC PROJECT GIVING RISE TO THE CLAIM.

IN NO EVENT SHALL PINNACLE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO: LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION.

11. Indemnification

Client agrees to indemnify, defend, and hold harmless Pinnacle Web Studio from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising out of or related to: (a) Client's breach of these Terms; (b) Client's use of the delivered website or services; (c) any content or materials provided by Client; or (d) Client's violation of any applicable law or third-party rights.

12. Website Hosting & Post-Launch

After website launch and full payment, Client is responsible for ongoing hosting, domain renewal, and maintenance unless Client has engaged Pinnacle under a separate Maintenance Agreement. Pinnacle is not responsible for website downtime, security breaches, or data loss after project handoff unless covered under an active Maintenance Agreement.

Pinnacle's 30-day post-launch support period covers minor bugs and questions related to the delivered project only. It does not cover new features, content updates, or third-party plugin issues.

13. Portfolio & Attribution

Client grants Pinnacle the perpetual, irrevocable right to display the completed project in Pinnacle's portfolio, website, social media, and marketing materials. Pinnacle may include a small "Designed by Pinnacle Web Studio" credit in the website footer. Client may request removal of the footer credit in writing at no charge.

14. Force Majeure

Neither party shall be liable for delays or failures to perform resulting from causes beyond that party's reasonable control, including acts of God, natural disasters, pandemics, government restrictions, third-party service outages, or civil unrest. The affected party shall provide prompt notice and the timeline shall be reasonably extended.

15. Dispute Resolution

The parties agree to first attempt to resolve any dispute through good-faith negotiation. If negotiation fails within 30 days, disputes shall be submitted to binding arbitration under the rules of the American Arbitration Association, conducted in Scott County, Minnesota. The arbitrator's decision shall be final and binding.

Notwithstanding the above, Pinnacle may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent infringement of its intellectual property rights.

16. Governing Law & Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota. Any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in Scott County, Minnesota.

17. Entire Agreement & Modifications

These Terms, together with any signed project proposal or contract, constitute the entire agreement between the parties. Pinnacle may update these Terms at any time by posting the revised version at pinnacleweb.studio/terms. Continued engagement after such posting constitutes acceptance of the updated Terms.

18. Severability & Waiver

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect. Pinnacle's failure to enforce any right or provision shall not constitute a waiver of that right.

19. Contact Us

Pinnacle Web Studio | Savage, Minnesota
Email: hello@pinnacleweb.studio
Phone: (213) 769-9058
Website: pinnacleweb.studio

Terms & Conditions.