These terms describe how we contract, invoice, transfer work, and limit liability across client engagements.
Agreement
Use of the site and services implies acceptance of these terms.
By using esaart.com or engaging ESAART Studio Inc. ("we", "us") for services, you agree to these terms. If you are acting on behalf of a company, you represent that you have authority to bind that company.
Services
Actual engagement terms are defined in proposals and SOWs.
We provide web and mobile development, design, and related digital services as agreed in individual statements of work or proposals. Scope, timeline, and pricing are defined in those documents.
Payment
Milestone billing with explicit due dates and delivery checkpoints.
Payment terms are specified in the project agreement. Typically we use milestone-based billing. Invoices are due as stated; late payments may incur interest or suspension of work.
Intellectual property
Client deliverables transfer after full payment; studio tools remain ours.
Unless otherwise agreed in writing, upon full payment we assign to you the deliverables created specifically for your project. We retain rights to our pre-existing tools, frameworks, and know-how. Third-party assets remain under their respective licenses.
Termination and suspension
Work may pause if payment or communication breaks down.
Either party may terminate an engagement according to the applicable agreement or by written notice where no separate agreement exists. If payment is overdue or project communication stops for an extended period, we may pause or suspend work until the issue is resolved. Fees for completed work, approved milestones, and non-cancelable third-party costs remain payable.
Limitation of liability
Liability stays limited to the engagement value.
Our liability is limited to the amount paid for the relevant project. We are not liable for indirect, consequential, or punitive damages. These limits apply to the fullest extent permitted by law.
Governing law
California law governs the legal framework of the engagement.
These terms are governed by the laws of the State of California, without regard to conflict of law rules. Unless otherwise agreed in writing, disputes related to these terms or our services will be resolved in the appropriate courts located in California.
Contact
Questions or concerns should be sent directly to our team.
Questions about these terms: esa_art@icloud.com.