Terms & Conditions
These Terms & Conditions (the “Terms”) govern your use of the website at berniestudios.com (the “Site”), operated by Bernie Studios (“Bernie Studios,” “we,” “us,” or “our”). By accessing the Site you agree to these Terms. If you do not agree, please do not use the Site.
1. Use of the Site
You may browse the Site for your own information and to enquire about our services. You agree not to misuse the Site, including by attempting to gain unauthorised access, interfering with its operation, scraping content in bulk, or using it for any unlawful purpose.
2. Intellectual property
The Site, including its design, text, graphics, code, and the arrangement of its content, is owned by Bernie Studios or its licensors and is protected by copyright and other intellectual property laws. Client work shown on the Site belongs to the relevant client or to Bernie Studios, and client names and logos belong to their owners. You may not copy, reproduce, distribute, or create derivative works from any part of the Site without our written permission, except for personal, non-commercial viewing.
3. Services and engagements
Prices, timelines, and packages shown on the Site, including the YC Batch Package Deal, are indicative and describe the starting scope of a typical engagement. They are not binding offers. Every project is confirmed by a written proposal or agreement that sets out the scope, fees, schedule, and deliverables, and that document governs the engagement. Where these Terms and a signed agreement conflict, the signed agreement prevails.
Unless a signed agreement says otherwise, the following applies to our engagements:
- Fees and payment. Fees are quoted in US dollars. A deposit is due before work begins and the balance is due on the schedule in the proposal. Invoices are payable within 14 days. Work may pause while an invoice is overdue.
- Deliverables and ownership. On full payment, you own the final deliverables we create for you. We keep ownership of our working files, preliminary concepts, and any tools, templates, or techniques we use across projects, and we grant you a licence to anything of ours embedded in the deliverables.
- Revisions. Each package includes a defined number of revision rounds. Work beyond the agreed scope is quoted separately.
- Your materials. You confirm that any content, marks, or assets you supply are yours to use and do not infringe anyone else’s rights, and you are responsible for the accuracy of the information you provide.
- Portfolio rights. We may show the work we create for you on the Site, in our portfolio, and on social media once it is public, unless you ask us in writing not to.
- Cancellation. Either party may end an engagement with written notice. You will be invoiced for work completed to that date, and deposits are non-refundable.
- Third-party services. Fonts, stock assets, hosting, domains, printers, and manufacturers are subject to their own terms and fees, which are your responsibility unless the proposal says otherwise.
4. Package availability
Fixed-scope packages are limited in number and offered at our discretion. Applying for a package does not guarantee acceptance, and we may decline or reschedule an engagement for any reason before a proposal is signed.
5. Links to other sites
The Site links to third-party websites and services. We do not control them and are not responsible for their content, availability, or practices. Links are provided for convenience only and do not imply endorsement.
6. Disclaimer
The Site is provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not promise that the Site will be uninterrupted, error-free, or free of harmful components, or that the information on it is complete or current.
7. Limitation of liability
To the fullest extent permitted by law, Bernie Studios and its owners, employees, and contractors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of your use of the Site. Our total liability for any claim relating to the Site will not exceed one hundred US dollars. Liability for a specific engagement is addressed in the agreement for that engagement.
8. Indemnity
You agree to indemnify and hold Bernie Studios harmless from any claim, loss, or expense, including reasonable legal fees, arising from your misuse of the Site, your breach of these Terms, or materials you supply to us that infringe the rights of others.
9. Privacy
Our Privacy Policy explains how we handle personal information and forms part of these Terms.
10. Governing law
These Terms are governed by the laws of the State of Utah and the federal laws of the United States, without regard to conflict-of-law rules. Any dispute relating to the Site will be brought in the state or federal courts located in Utah, and you consent to their jurisdiction. If any provision of these Terms is found unenforceable, the rest remain in effect.
11. Changes
We may revise these Terms at any time by posting an updated version on the Site. The effective date at the top shows when they were last revised. Your continued use of the Site after a change means you accept the revised Terms.
12. Contact
Questions about these Terms can be sent to hello@berniestudios.com.