Terms

Published on June 9, 2025.

1. Introduction

Welcome to Dunko Studio. These Terms of Service govern your use of our website and services.
By accessing our website or using our services, you agree to these terms.

2. Services

Dunko Studio provides web design and development services for small businesses.
Our services include but are not limited to website design, development, maintenance, and related consulting services.

Our monthly subscription includes ongoing website design, development, and maintenance.
This covers regular updates, performance improvements, minor feature additions, and priority support to keep your site running smoothly.

Any feature that Dunko Studio deems larger than a minor addition or modification may incur additional costs beyond the monthly subscription fee. This determination will be made after the initial build of the website and will be communicated to the client before any additional work begins.

3. Payment Terms

Our services are provided on a subscription basis at $99, unless otherwise specified in a separate agreement. Payment is due on the same day each month.
We reserve the right to suspend services for accounts with overdue payments.

The monthly subscription fee includes all services described in Section 2, including regular updates, maintenance, and minor feature additions. This all-inclusive pricing model is designed to provide predictable costs for our clients.

All payments must be made through Stripe using the payment link provided by Dunko Studio.
This is the only acceptable form of payment. Alternative payment methods will not be accepted unless explicitly agreed to in writing by Dunko Studio. Payment links are specific to each client and should not be shared with third parties.

Failure to make timely payments may result in immediate suspension of services, including taking the website offline, until payment is received. A late fee of 5% may be applied to overdue payments.

4. Intellectual Property

Dunko Studio retains full and exclusive ownership of all designs, code, frameworks, and other intellectual property created or used in the development of the client's website. The client is granted a limited, non-exclusive license to use the website while the subscription is active.

Upon termination or cancellation of services, the client's license to use the website ends, and no designs, code, or other intellectual property will be provided to the client. The client retains ownership only of their own content (text, images, etc.) that they provided for use on the website.

Dunko Studio reserves the right to display the work in our portfolio and for promotional purposes, and to reuse code, design elements, and frameworks for other projects.

5. Client Content Management

Dunko Studio may provide the client with access to content management tools that allow the client to edit certain aspects of their website. The client is solely responsible for all content they add, modify, or delete using these tools.

The client agrees to:

  • Maintain the confidentiality of any login credentials provided for content management

  • Use the content management tools only as intended and instructed by Dunko Studio

  • Not attempt to access, modify, or edit portions of the website beyond those specifically made available for client editing

  • Not upload or publish any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable

  • Not upload content that infringes upon any patent, trademark, trade secret, copyright, or other proprietary rights

  • Not upload files that contain viruses, malware, or other harmful code

Dunko Studio reserves the right to remove any client-added content that violates these terms or that Dunko Studio deems inappropriate, without prior notice to the client.

The client acknowledges that their use of content management tools may affect the website’s performance, appearance, or functionality. Dunko Studio is not responsible for any issues arising from client-made changes and may charge additional fees to fix problems resulting from client edits.

6. Limitation of Liability

To the maximum extent permitted by applicable law, Dunko Studio shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses resulting from the use of or inability to use the service.

In no event shall Dunko Studio’s total liability to the client for all claims, damages, losses, and causes of action exceed the amount paid by the client to Dunko Studio for the three (3) month period preceding the date on which the claim arose.

Dunko Studio is not responsible for any content provided by the client that may violate laws, regulations, or third-party rights. The client agrees to indemnify and hold harmless Dunko Studio from any claims resulting from the client’s content or use of the website.

Dunko Studio is not liable for any downtime, service interruptions, errors or omissions in the website content, or issues caused by third-party services, hosting providers, or force majeure events.

The client specifically acknowledges and agrees that Dunko Studio shall not be liable for any damages or issues arising from:

  • Content added, modified, or deleted by the client using content management tools

  • Security breaches or unauthorized access resulting from the client’s failure to maintain the confidentiality of their login credentials

  • Loss of data or content due to client actions or omissions

  • Website performance issues, broken functionality, or display problems resulting from client-made changes

  • Any third-party claims related to client-added content, including but not limited to claims of copyright infringement, defamation, or misrepresentation

The client agrees to defend, indemnify, and hold harmless Dunko Studio from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney’s fees) arising from or related to the client’s use of content management tools or any client-added content.

7. Termination

Either party may terminate the service agreement with 30 days written notice. Upon termination, the client will receive all necessary files for their website.

If the client terminates the service agreement before completing a full year (12 months) of service, a cancellation fee of $499 will apply. This fee helps offset the significant upfront time and resources invested in building the website and allows us to keep our monthly fees affordable.

8. Backup and Data Security

While Dunko Studio implements reasonable security measures to protect the website and its content, the client acknowledges that no data transmission or storage system can be guaranteed to be 100% secure.

Dunko Studio may, but is not obligated to, create periodic backups of the website. These backups are primarily for Dunko Studio’s internal use and disaster recovery purposes. Dunko Studio makes no guarantees regarding the availability, completeness, or usability of any backups.

The client is strongly encouraged to maintain their own backups of any important content they add to the website through content management tools. Dunko Studio is not responsible for any loss of client-added content, whether due to client actions, system failures, or any other cause.

If the client’s website collects or processes personal data from users, the client is responsible for ensuring that such collection and processing complies with all applicable privacy and data protection laws, including but not limited to obtaining necessary consents and providing required privacy notices.

9. Warranty Disclaimer

THE SERVICES PROVIDED BY DUNKO STUDIO ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Dunko Studio does not warrant that the website will function uninterrupted, secure, or available at any particular time or location; that any errors or defects will be corrected; or that the website is free of viruses or other harmful components. The client uses the website at their own risk.

While Dunko Studio strives to ensure the website is compatible with major browsers and devices, we cannot guarantee compatibility with all browsers, devices, or future updates to browsers or operating systems.

10. Governing Law and Dispute Resolution

These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Any dispute arising from or relating to these terms or the services provided shall first be attempted to be resolved through good faith negotiation. If such negotiation fails, all disputes shall be submitted to binding arbitration in San Diego, California, in accordance with the rules of the American Arbitration Association.

The client agrees that any claim arising out of or related to these Terms must be filed within one (1) year after such claim arose, otherwise, the claim is permanently barred.

11. Changes to Terms

Dunko Studio reserves the right to modify these terms at any time. Changes will be effective upon posting to our website. Continued use of our services after such changes constitutes acceptance of the new terms.

12. Contact Information

If you have any questions about these Terms of Service, please contact us at contact@dunko.dev.