Terms of service

Agreement to these terms

By accessing studiobalke.com, using the Studio Balke client portal, or engaging Studio Balke for services, you agree to these Terms of Service. If you do not agree, please do not use the site or our services.

Who we are and what we do

Studio Balke ("Studio Balke," "we," "us") provides consulting, photography, video production, and related services. The specific scope, deliverables, timeline, and fees for any engagement are set out in a written proposal or statement of work ("SOW") that, once accepted, forms the agreement between us together with these Terms. If a signed SOW conflicts with these Terms, the SOW controls for that engagement.

Proposals, engagements, and fees

Work is performed under accepted proposals or SOWs. Fees, payment schedule, expenses, and any deposits are as stated in the applicable proposal/SOW. Invoices are due on the terms stated there; overdue amounts may accrue interest to the extent permitted by law. Cancellation and refund terms, if any, are those set out in the applicable proposal/SOW.

Client responsibilities

You agree to provide timely materials, approvals, access, and accurate information, and to confirm that you hold the rights to any content you provide to us for use in the work.

Deliverables and intellectual property

Upon full payment, ownership or license of the final deliverables transfers to you as specified in the SOW. Studio Balke retains ownership of its pre-existing tools, methods, templates, and know-how. Unless you ask us in writing not to, we may display completed, non-confidential work in our portfolio and marketing.

Client portal

Client portal accounts are for authorized client representatives. You are responsible for keeping your sign-in credentials secure and for activity under your account. We may suspend or terminate access for misuse or security reasons.

Text messaging (SMS)

Text messaging is optional and, if you opt in, is governed by these terms:

• By providing your mobile number and opting in (on a form or by texting us first), you consent to receive service-related text messages from Studio Balke.
• Messages are transactional - project and appointment updates, portal notifications, and service coordination. We do not send marketing texts unless you separately consent.
• Message frequency varies. Message and data rates may apply.
• Reply STOP to opt out at any time; reply HELP for help. Opting out of texts does not affect our email or portal communications.
• Your mobile opt-in and consent are not shared with third parties or affiliates for their marketing. Messages are delivered through a messaging provider (for example, Twilio).
• See our Privacy Policy for how we handle messaging data.

Third-party services

The site and services rely on third-party providers, including Google Workspace (email), our hosting fleet, a messaging provider for SMS, and, where applicable, a payment processor. Their terms and privacy practices apply to their portions of the service.

Managed services and data processing

Where we operate infrastructure, domains, email, or applications for a client, we do so as that client's service provider under the applicable SOW and, where we process personal data on the client's behalf, a Data Processing Addendum. Our services run on shared infrastructure - including a common Google Workspace environment, hosting, and email and messaging sub-processors - with logical separation between clients. A current list of sub-processors is available on request.

Acceptable use

You agree not to misuse the site or services - including no unlawful, infringing, or fraudulent activity, no attempts to disrupt, attack, or gain unauthorized access, and no automated scraping of non-public areas.

Disclaimers

The website and services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, Studio Balke disclaims implied warranties, including merchantability and fitness for a particular purpose. Creative and consulting outcomes depend on many factors and are not guaranteed beyond what is expressly stated in the SOW.

Limitation of liability

To the maximum extent permitted by law, Studio Balke's total liability arising out of or relating to an engagement is limited to the fees you paid for the specific engagement giving rise to the claim. We are not liable for indirect, incidental, special, or consequential damages, or for lost profits or data.

Termination

Either party may end an engagement in accordance with the applicable SOW. Fees for work performed up to termination remain due.

Governing law

These Terms are governed by the laws of the State of New Mexico, USA, without regard to its conflict-of-laws rules. The state and federal courts located in New Mexico have exclusive jurisdiction over any dispute not resolved informally.

Changes to these terms

We may update these Terms from time to time. The "last updated" date above reflects the current version, and continued use of the site or services after an update means you accept the revised Terms.

Contact

Studio Balke · admin@studiobalke.com