Policies

We collaborate and communicate across diverse disciplines to build meaningful and lasting relationships between our clients and their audience.

We can do a lot of things, but only want to do the right things, and as such value transparency and clear communication for all projects and with all our clients.

Project Policies

Assumptions and

Terms and Conditions

I. Client will make Moon Mountain Design Studio aware of any events that affect the project schedule.

II. Production-ready artwork will be created in Adobe CC (Photoshop, Illustrator, InDesign, Dimension, Adobe Creative Suite).

III. Any revisions requested by Client after delivery of files to printers or vendors will be billed at a rate of $65 per hour, as incurred.

IV. Website features/functionality will include full Content Management System

through Wix where possible.

V. Activities and items not expressly described above are considered outside the scope of work of our proposals. If requested by Client, Moon Mountain Design Studio will estimate the fees and expenses to undertake any additional work.

VII. The following activities are not included in our project scope of work, but can be included with a project based structure or through a revised retainer for ongoing management and support:

• Trademark search

• Custom photography and video production

• Image or video licenses

• Animation or certain illustration styles

• Copywriting for the website

• Blogging

• Domain name registration

• Ongoing website SEO

• Social media campaign execution

VIII. All creative will go through a maximum of 3 rounds of revisions. Any rounds beyond 3 may incur additional budget.

The terms of our Proposals shall be effective for 30 days after presentation to Client. In the event this Agreement is not executed by Client within the time identified, the Proposal, together with any related terms and conditions and deliverables, may be subject to amendment, change or substitution.

GENERAL: Due to project resources, prompt and all inclusive feedback is greatly appreciated and imperative to maintain production schedules. Client is responsible for delivering needed assets to Moon Mountain Design Studio in a timely manner. Moon Mountain Design Studio is not responsible for missed deadlines that are a direct result of slow or late feedback from the client. Agency producer will assist in client communication and deadlines to help maintain production schedules. Any delays that result in additional design hours will fall under ADDITIONAL WORK section.

PAYMENT TERMS: For project based contracts the payment terms are 50% due upon signing and the remaining due upon completion.

CONTRACT TERM: Agreements shall commence upon the Effective Date and shall remain effective for a term of one (1) year. Agreements may be terminated at any time by either party on 60 days’ written notice, or the mutual agreement of the parties, or if any party: (a) becomes insolvent, files a petition in bankruptcy, makes an assignment for the benefit of its creditors; or (b) breaches any of its material responsibilities or obligations under this Agreement, which breach is not remedied within ten (10) days from receipt of written notice of such breach. In the event of termination, Moon Mountain Design Studio shall be compensated for the Services performed through the date of termination in the amount of (a) any advance payment, (b) a prorated portion of the fees due, or (c) hourly fees for work performed by Moon Mountain Design Studio or Moon Mountain Design Studio's agents as of the date of termination, whichever is greater; and Client shall pay all Expenses, fees, out of pockets together with any Additional Costs incurred through and up to, the date of cancellation.

STRUCTURE (Monthly retainers only): Monthly retainers provide ongoing support at a discounted rate up to the number of hours set forth in Agreements.

Retainer fees are required in full in advance of services; payment is due on or before 5th of each month. If additional charges are incurred during the month, Moon Mountain Design Studio will add those charges to the next month’s invoice. Services rendered beyond the retained number of hours will be billed at the full hourly rate ($65/hr) with payment due upon receipt. Payments rendered are considered fully earned and non refundable. Unused hours will be carried over; it is incumbent upon Client to utilize their retained hours each month.

ADDITIONAL WORK: Client understands additional work beyond the scope of this Agreement must be negotiated separately and will require a separate Agreement. Services requested by Client and provided by Service Provider that do not fall within the scope of this Agreement will be billed separately at the full standard hourly rate ($65/hr) or project rate according to service category with payment due upon receipt.

SUPPORT: Basic support receives attention within 48 hours.

Each new or special project requires a minimum four (4) days lead time, with most completed within five (5) days, unless otherwise specified. Client will provide sufficient notice and allow for reasonable timeframes for project completions.

RUSH PROJECTS: Rush projects of 24 hours or less and projects requiring weekend or holiday work may be subject to a 25% surcharge and/or other rush fees. Service Provider reserves the right to refuse any project or service request.

ACCURACY: Client assumes full responsibility for acceptance of work or services performed and agreed upon, as well as final proofing and accuracy. Service Provider is not responsible for errors or omissions.

EXPENSES: Expenses incurred on behalf of Client exclusive of normal overhead are not included in any fees and will be billed to Client. Reimbursable expenses may include, but are not limited to: delivery services, travel over 50 miles from service provider facilities, meals when traveling, and payments made to vendors. On-site visits will be billed for meeting time, unless travel exceeds 50 miles. Payment is due upon receipt.

ADDITIONAL COSTS: The Project pricing includes Designer’s fee only. Any and all outside costs including, but not limited to: equipment rental, photographer’s costs and fees, photography and/or artwork licenses, prototype production costs, talent fees, music licenses and online access or hosting fees, will be billed to Client unless specifically otherwise provided for in the Proposal.

PROPERTY: Moon Mountain Design Studio reserves the right to use all content created for clients for demo reels, digital media, and any other promotional

materials now existing or hereafter developed.

DESIGNER AGENTS: Designer shall be permitted to engage and/or use third party designers or design service platforms in connection with the Services (“Design Agents”) if needed and agreed upon. Notwithstanding, Designer shall remain fully responsible for such Design Agents’ compliance with the various terms and conditions of Agreements.

Project Policies

Terms and Conditions

Terms and Conditions
====================

Last updated: December 2022

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions
==============================

Interpretation
--------------

The words of which the initial letter is capitalized have meanings defined
under the following conditions. The following definitions shall have the same
meaning regardless of whether they appear in singular or in plural.

Definitions
-----------

For the purposes of these Terms and Conditions:

* Affiliate means an entity that controls, is controlled by or is under
common control with a party, where "control" means ownership of 50% or
more of the shares, equity interest or other securities entitled to vote
for election of directors or other managing authority.

* Country refers to: United States

* Company (referred to as either "the Company", "We", "Us" or "Our" in this
Agreement) refers to Moon Mountain Design Studio.

* Device means any device that can access the Service such as a computer, a
cell phone or a digital tablet.

* Service refers to the Website.

* Terms and Conditions (also referred as "Terms") mean these Terms and
Conditions that form the entire agreement between You and the Company
regarding the use of the Service.

* Third-party Social Media Service means any services or content (including
data, information, products or services) provided by a third-party that
may be displayed, included or made available by the Service.

* Website refers to Moon Mountain Design Studio, accessible from
<https://www.moonmountaindesignstudio.com/>

* You means the individual accessing or using the Service, or the company,
or other legal entity on behalf of which such individual is accessing or
using the Service, as applicable.

Acknowledgment
==============

These are the Terms and Conditions governing the use of this Service and the
agreement that operates between You and the Company. These Terms and
Conditions set out the rights and obligations of all users regarding the use
of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and
Conditions. If You disagree with any part of these Terms and Conditions then
You may not access the Service. You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read all our policies and terms carefully before using Our Service.

Links to Other Websites
=======================

Our Service may contain links to third-party web sites or services that are
not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with the use of or reliance on any
such content, goods or services available on or through any such web sites or
services. We strongly advise You to read the terms and conditions and privacy policies
of any third-party web sites or services that You visit.

Termination
===========

We may terminate or suspend Your access immediately, without prior notice or
liability, for any reason whatsoever, including without limitation if You
breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability
=======================

Notwithstanding any damages that You might incur, the entire liability of the
Company and any of its suppliers under any provision of this Terms and Your
exclusive remedy for all of the foregoing shall be limited to the amount
actually paid by You through the Service or 100 USD if You haven't purchased
anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the
Company or its suppliers or designers be liable for any special, incidental, indirect, or
consequential damages whatsoever (including, but not limited to, damages for
loss of profits, loss of data or other information, for business interruption,
for personal injury, loss of privacy arising out of or in any way related to
the use of or inability to use the Service, third-party software and/or third-
party hardware used with the Service, licensing, copyright, or trademark infringements, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of
liability for incidental or consequential damages, which means that some of
the above limitations may not apply. In these states, each party's liability
will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer
==========

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults
and defects without warranty of any kind. To the maximum extent permitted
under applicable law, the Company, on its own behalf and on behalf of its
Affiliates and its and their respective licensors and service providers,
expressly disclaims all warranties, whether express, implied, statutory or
otherwise, with respect to the Service, including all implied warranties of
merchantability, fitness for a particular purpose, title and non-infringement,
and warranties that may arise out of course of dealing, course of performance,
usage or trade practice. Without limitation to the foregoing, the Company
provides no warranty or undertaking, and makes no representation of any kind
that the Service will meet Your requirements, achieve any intended results, be
compatible or work with any other software, applications, systems or services,
operate without interruption, meet any performance or reliability standards or
be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's
provider makes any representation or warranty of any kind, express or implied:
(i) as to the operation or availability of the Service, or the information,
content, and materials or products included thereon; (ii) that the Service
will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or
currency of any information or content provided through the Service; or (iv)
that the Service, its servers, the content, or e-mails sent from or on behalf
of the Company are free of viruses, scripts, trojan horses, worms, malware,
timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties
or limitations on applicable statutory rights of a consumer, so some or all of
the above exclusions and limitations may not apply to You. But in such a case
the exclusions and limitations set forth in this section shall be applied to
the greatest extent enforceable under applicable law.

Governing Law
=============

The laws of the Country, excluding its conflicts of law rules, shall govern
this Terms and Your use of the Service. Your use of the Application may also
be subject to other local, state, national, or international laws.

Disputes Resolution
===================

If You have any concern or dispute about the Service, You agree to first try
to resolve the dispute informally by contacting the Company.

For European Union (EU) Users
=============================

If You are a European Union consumer, you will benefit from any mandatory
provisions of the law of the country in which you are resident in.

United States Legal Compliance
==============================

You represent and warrant that (i) You are not located in a country that is
subject to the United States government embargo, or that has been designated
by the United States government as a "terrorist supporting" country, and (ii)
You are not listed on any United States government list of prohibited or
restricted parties.

Severability and Waiver
=======================

Severability
------------

If any provision of these Terms is held to be unenforceable or invalid, such
provision will be changed and interpreted to accomplish the objectives of such
provision to the greatest extent possible under applicable law and the
remaining provisions will continue in full force and effect.

Waiver
------

Except as provided herein, the failure to exercise a right or to require
performance of an obligation under these Terms shall not effect a party's
ability to exercise such right or require such performance at any time
thereafter nor shall the waiver of a breach constitute a waiver of any
subsequent breach.

Translation Interpretation
==========================

These Terms and Conditions may have been translated if We have made them
available to You on our Service. You agree that the original English text
shall prevail in the case of a dispute.

Changes to These Terms and Conditions
=====================================

We reserve the right, at Our sole discretion, to modify or replace these Terms
at any time. If a revision is material We will make reasonable efforts to
provide at least 30 days' notice prior to any new terms taking effect. What
constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become
effective, You agree to be bound by the revised terms. If You do not agree to
the new terms, in whole or in part, please stop using the website and the
Service.

If you have any questions about these Terms and Conditions,

You can contact us by email: moonmountaindesign@gmail.com

Terms and Conditions

Privacy Policies

What type of information do we collect?

We receive, collect and store any information you enter on our website or provide us in any other way. In addition, we collect the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information and purchase history. We may use software tools to measure and collect session information, including page response times, length of visits to certain pages, page interaction information, and methods used to browse away from the page. We also collect personally identifiable information (including name, email, password, communications); payment details (including credit card information), comments, feedback, product reviews, recommendations, and personal profile.

How do we collect information?

When you conduct a transaction on our website, as part of the process, we collect personal information you give us such as your name, address and email address. Your personal information will be used for the specific reasons stated above only.

Why do we collect such personal information?

We collect such Non-personal and Personal Information for the following purposes:

To provide and operate the Services;
To provide our Users with ongoing customer assistance and technical support;
To be able to contact our Visitors and Users with general or personalized service-related notices and promotional messages;
To create aggregated statistical data and other aggregated and/or inferred Non-personal Information, which we or our business partners may use to provide and improve our respective services;
To comply with any applicable laws and regulations.

How do we store, use, share and disclose your site visitors' personal information?

Our company is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall.

All direct payment gateways offered by Wix.com and used by our company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

How do we communicate with your site visitors?

We may contact you to notify you regarding your account, to troubleshoot problems with your account, to resolve a dispute, to collect fees or monies owed, to poll your opinions through surveys or questionnaires, to send updates about our company, or as otherwise necessary to contact you to enforce our User Agreement, applicable national laws, and any agreement we may have with you. For these purposes we may contact you via email, telephone, text messages, and postal mail. You may unsubscribe from receiving these communications at any time by clicking unsubscribe from any emails or texts, or opt out by emailing us at MoonMountainDesign@gmail.com.

How do we use cookies and other tracking tools?

We do not use or collect cookies, or use other third-party tracking tools, such as Google Analytics or other applications offered through the Wix App Market.

How can site visitors withdraw their consent?

If you don’t want us to process your data anymore, please contact us at: MoonMountainDesign@gmail.com

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

Questions and contact information

If you would like to: access, correct, amend or delete any personal information we have about you, you are invited to contact us at MoonMountainDesign@gmail.com, or send us mail to: 1800 Pearl Street, Boulder, CO 80302

Privacy Policies