We don’t want to get too legal with Terms and Conditions. But, we need to make sure that you and Studio350 - the company behind the Command Listing service - are both in agreement on some simple things.
Studio350, LLC (referred to here as "Studio350") terms and conditions are straightforward.
When we say "Company", "we", "our", or "us" in this document, we are referring to Studio350, LLC.
When we say "Product" or "Service" we mean any website created and/or maintained by Studio350, LLC on behalf of a client.
When we say "client", "You" or "your", we are referring to the people or organizations that place an order for one or more of our Services.
When you use our Services, now or in the future, you are agreeing to the latest Terms of Service. That’s true for our existing and future products and all features we add to our Services over time. Sometimes we do not exercise or enforce any right or provision of the Terms of Service; in doing so, we are not waiving that right or provision. These terms do contain a limitation of our liability.
We may terminate our working relationship and refuse future services if you violate any of the terms.
These are activated once you make a payment for an order for a Command Listing service or an email of confirmation from you for your order (of any kind of service that we offer) is received by our team.
Studio350 will use email, zoom meetings, and/or text messaging for any form of communication with you.
Studio350 holds no responsibility if there will be outside links, such as third-party applications or websites, that have changes or major updates that affect the functionality 5 days after the submission approval date.
Studio350 does not guarantee that any of its products or services will increase your business, give you page one Google ranking, increase revenues, or even cure global warming, the common cold, or create world peace.
Studio350 believes that the customer is not always right. If you treat any of our staff with disrespect with verbal or written abuse we will advise you of that, and ask you to play nice. Please note that all the Team of Studio350 are under strict non-compete clauses with the contracts that they sign, should you approach any of our Team behind our back and discuss the potential of them working for you "On The Side" you could place them in Legal Jeopardy and Possibly cost them their job, so please be respectful of your relationship with Studio350 and the well being of our team. Should any of these points arise, we also reserve the right to terminate our business with you.
Studio350 reserves the right to decline projects that have discriminatory, violent, or sexually explicit content, or for any other reason - even if Studio350 already receives payment for the service. If we decline a project for which payment has been received and cleared, Studio350 will refund the entire amount through the same payment method in which the payment was received.
We update our Terms and Conditions from time to time (without prior notice) so we suggest you check it now and then.
All dollar figures here are in US Dollars currency, unless otherwise, clearly specified.
Definition of terms
"Website" and "site" are used here interchangeably both hold the same meaning referring to a page or collection of pages on the
World Wide Web
"Full build" refers to (if used as a verb) building the site fully on the chosen platform; (if used as a noun) a website completely built or will be built on the chosen platform.
"Minor changes" refers to any edits or changes in the text, replacement of images, or change of color, but it does not considerably affect the layout of the website and does not include technical work. This does not refer to including any additional pages or features.
1.1 Studio350 requires its clients or direct customers to complete our build form for each site you want us to build to get it to our system and not get lost in an email thread.
1.2 Studio350 will provide you with a quotation and estimated timeframe after reviewing all the information you entered on our official build form.
1.3 In cases where the customer has a current website, Studio350 must be informed of the total number of pages and the features they want to keep for the new site before we give a quotation.
1.4 If the customer wishes Studio350 to count the pages of the current website with more than 10 pages, this will have a charge of $15. When you proceed with the order, this charge can be credited against the final build cost.
1.5 Studio350 requires you to submit all the information and web content needed to complete your site before we proceed to the stage of building the site.
1.6 Studio350 will design a mockup (for Command Listing sites a mockup will not be provided), and present that to you within 72 working hours for approval before the site moves to a full build. The mockup is a design concept in nature and contains minimal content. This mockup will be charged at a rate of a front-page build and is payable regardless of whether moving to a full build site or not. If a full build site is ordered, the mockup cost will be waived and only the site build cost will be invoiced.
1.7 Upon approval of this mockup, Studio350 will invoice you in full based on the quotation that you have agreed to, and once settled, Studio350 will then move to the full build of the website which will be finalized within the timeframe mentioned on the proposal. Please note that if your invoice exceeds $1000, we are open to a 50% deposit.
1.8 Studio350 will design and build your website using the information and assets you provided us on the website build form.
1.9 Studio350 will use images/photos provided by you or will offer images from its library or the internet. Any image found that is required to be purchased by Studio350, you will be advised of the cost. Upon your approval, this cost will be an addition to your invoice.
1.10 Images and Videos should be properly labeled and of the best quality possible. Videos should only be on YouTube or Vimeo, no other formats will be accepted. Studio350 will not be responsible for restoring low-resolution images or recreating/redesigning an image to make it high-resolution.
1.11 Studio350 offers 2 free sets of minor changes after the site is done. The customer is expected to check all site pages on different devices before sending back changes. Any additions/changes to the site that have not been provided in the initial information, and are not associated with the original information will be completed at an additional cost of no less than USD $30 per hour.
1.12 Studio350 will transfer the website, template, or any product only after the invoices are settled.
1.13 Studio350 will only provide access to the website after it has been made live. Any changes made by the client that result in site damages, malfunction, and the like, will not be the responsibility of Studio350. We will be able to repair the damage at an additional cost.
1.14 License of Websites. When you purchase a website from Studio350, you acquire the right to use that site; you're not acquiring the site itself. What you get includes a license directly from Studio350 to use that site, and Studio350, LLC is the owner of the source code of that site. When the site includes source code from third parties, the license of that source code applies. The site is for your use only, it is not to be sold, lent, rented, given away, or gifted. You can’t even put it in your will.
Logo, Brochure, Business Cards, Flyers
2.1 Studio350 will ask the customer to fill out the order form for all the details needed to get started. Studio350 will then advise the total cost for the said project unless otherwise explicitly stated as it is for logos.
2.2 Studio350 will send an invoice and start the project once paid in full.
2.3 Studio350 will create 2 versions of the logo and will submit JPG files within 24-48 hrs.
2.4 Studio350 will allow 1 free set of changes for the logo if there's anything that needs to be adjusted according to the client's initial request.
2.5 Change of reference or a new set of instructions will be considered as a new order. We will advise you of the cost, send an invoice, and start once paid.
2.6 After the customer approves the design, they will receive the PSD/AI file of the order.
Start Me Right, Help Me Sell, and Pro's Choice packages.
3.1.1 Standard turnaround time is from 2-3 business days after Studio350 has received all information needed for the build via your submission of the required website build form following successful payment for the package you purchased. This turnaround time is not guaranteed and Stuido350 will not be held liable for any reason if the site is not delivered within that time frame. Turnaround time will be affected by purchasing available Power-Ups.
3.1.2 All web contents (texts, images, color scheme, etc), instructions for the website build and the selected template must be submitted through the online build form.
3.1.3 Only the information submitted through the website build form will be used to develop the site unless you purchased a Power-Up that includes writing copy on your behalf. Studio350 reserves the right to correct grammatical errors and make general improvements to the information you submit to us through the website build form.
3.1.4 Only contents, images, color scheme, and branding will be replaced from the chosen template. The overall template layout will remain what you choose on the website build form, and no customization will be allowed.
3.1.5 One free set of edits (Studio350 defines an edit as a change that requires no redesign of graphics, layout, or additional pages.) is allowed after the preview link is sent to the customer and up to 3 business days waiting period for the change request to arrive. Otherwise, the free set of edits will be forfeited and changes will be done after the site is live with additional costs.
3.1.6 Payment is refundable for up to 7 days from the date of the transaction, provided that you have not submitted the required website build form. Once you submit the website build form, this is an indication to Studio350 that you want the site built and you will not be eligible for a refund. The payment cannot be exchanged for cash in part or full, for another single property site, credit, or refund. To request a refund, please email firstname.lastname@example.org with your order number and state you would like to cancel the site build.
3.1.7 Once the build is completed, your website will be made available as a subdomain of *.weall.net and *.showittomenow.com.
3.1.8 If the package you purchased includes a custom .com domain name, once the build is complete, the site will be made available on the custom domain as well.
3.1.9 If you already have a domain name, you are allowed to set up a CNAME record with the DNS provider for your domain name and use the *.weall.net address of your site as the destination.
3.1.10 Any Power-Up can be added to any of the Command Listing packages.
3.1.11 Hosting for the site will be provided for up to 12 months from the date the payment was received from you. You can request to extend the hosting period beyond the initial 12 months at an additional cost in 12-month increments (additional 12 months, additional 24 months, etc).
3.1.12 Hosting charges are non-refundable and not eligible for a prorated refund if the site is no longer needed and the client requests the site to be taken offline.
3.2.1 The site will include up to 7 sections - 3 Spotlight sections, Gallery, Features, Highlights, and Contact information.
3.2.2 The price of the Start Me Right package is fixed and disclosed before the order on the order page is completed regardless of whether all 7 sections are used or not.
3.2.3 The Start Me Right package does not include a contact form on the website. Contact information for the listing agent, if provided on the website build form, will be added in the Contact information section.
3.2.4 The Start Me Right package does not include a custom domain name. You can still use a domain name you own, provided you set up a CNAME record with the DNS provider for your domain name and use the *.weall.net address of your site as the destination.
3.3.1 The site will include up to 8 sections - 3 Spotlight sections, Gallery, Features, Highlights, and Contact information, and a Contact form site visitors are able to use to reach out to the realtor directly.
3.3.2 Up to 100 Contact form submissions are included per month of hosting. Additional form submissions are available at an additional cost of $19 per month for up to 1000 submissions per month. Studio350 will configure up to a total of three (3) notification destinations - Email or Slack (via Incoming Webhook) - where notifications of new form submissions are sent. Each email address to be notified or each Slack Incoming Webhook URL that is configured counts as one (1) of the three (3) available notification destinations. Additional destinations can be requested at an additional cost.
3.3.3 The Help Me Sell package price is fixed and disclosed before the order on the order page is completed regardless of whether all 8 sections are used or not.
3.3.4 The Help Me Sell package includes captions for images if you have provided the captions to Studio350 when completing the website build or you have purchased the Captions Power-Up.
3.2.5 The Help Me Sell package includes a custom domain that will point to your completed site. Domain names must be renewed every year to stay active and the Help Me Sell package only includes registering the domain for the first 12 months. You have the option to extend the registration of the domain for additional years at an additional cost.
3.4.1 The site will include up to 11 sections - all sections of the Help Me Sell package plus Matterport/3D Tour, your video, Documents & Neighborhood sections.
3.4.2 Up to 100 Contact form submissions are included per month of hosting. Additional form submissions are available at an additional cost of $19 per month for up to 1000 submissions per month. Studio350 will configure up to a total of three (3) notification destinations - Email or Slack (via Incoming Webhook) - where notifications of new form submissions are sent. Each email address to be notified or each Slack Incoming Webhook URL that is configured counts as one (1) of the three (3) available notification destinations. Additional destinations can be requested at an additional cost.
3.4.3 The Pro's Choice package price is fixed and disclosed before the order on the order page is completed regardless of whether all 11 sections are used or not.
3.4.4 The Pro's Choice package includes captions for images if you have provided the captions to Studio350 when completing the website build or you have purchased the Captions Power-Up.
3.2.5 The Pro's Choice package includes a custom domain that will point to your completed site. Domain names must be renewed every year to stay active and the Help Me Sell package only includes registering the domain for the first 12 months. You have the option to extend the registration of the domain for additional years at an additional cost.
1-Day Delivery Power-Up, Captions Power-Up, QR Code Flyer Power-Up, and Analytics Power-Up are available to add to each package at an additional cost.
18.104.22.168 1-Day Delivery Power-Up must be purchased simultaneously as the Command Listing package for the site build.
22.214.171.124 You cannot buy the 1-Day Delivery Power-Up after purchasing the Command Listing package to build the site.
126.96.36.199 Purchasing the 1-Day Delivery Power-Up entitles you to a commitment from Studio350 to endeavor to complete your Command Listing site build within 24 hours from the time you complete the website build from providing the information Studio350 needs to start building your site. The 24-hour delivery time is not a guarantee and Studio350 will not be held liable for any reason if the site is not delivered in that timeframe.
188.8.131.52 If you purchase the Captions Power-Up, Studio350 will write compelling captions for each image in the Gallery section to supercharge the impact of your photos.
184.108.40.206 Studio350 offers one set of minor changes to the captions after they are completed. As with all other content on the site, you are expected to check each caption before sending back changes. Any additions/changes to the captions that have not been provided in the initial information and are not associated with the original captions that Studio350 writes will be completed at an additional cost of USD $15 per hour.
220.127.116.11 If you purchase the Live Chat Power-Up, Studio350 will integrate your website with one of the following chat platforms - Facebook Messenger, WhatsApp, or Tawk.to. At the client's request, Studio350, in its sole discretion, might integrate a different Live Chat platform. Studio350 is under no obligation to accommodate requests for integrating with other platforms and such integration will require an additional charge.
18.104.22.168 Charges for custom integrations with a platform other than Facebook Messenger, WhatsApp, or Tawk.to will be billed to the client in a separate invoice, and integration work will begin after the invoice has been paid in full.
22.214.171.124 If you purchase the QR Code Flyer Power-Up, Studio350 will design a flyer for your property and include a QR code on the flyer that will send visitors to the web address for the site.
126.96.36.199 Studio350 will provide two concepts for the flyer in low-resolution JPG format. The customer will then approve one of the two design concepts. Once approved, a print-quality, high-resolution PDF will be provided.
188.8.131.52 Studio350 offers one set of minor changes to the flyer after the customer has approved the design for the flyer. This does not include layout, graphics, or layout changes (moving design elements around - logo from top to bottom, for example). As with all other content on the site, you are expected to check the flyer in its entirety before sending back changes. Any additions/changes to the flyer that have not been provided in the initial information and are not associated with the original captions that Studio350 writes will be completed at an additional cost of USD $15 per hour.
184.108.40.206 If you purchase the Traffic Analytics Power-Up, Studio350 will add tracking to your side for Umami (https://umami.is/) and provide you with access to an Umami dashboard page. Umami is an open-source, privacy-focused alternative to Google Analytics. Umami provides you with a powerful web analytics solution that does not violate the privacy of your users. Additionally, when you self-host Umami you are in complete control of your data.
4.1 Any copyrightable works, ideas, discoveries, inventions, patents, products, documents, databases, emails, accounts, passwords, or any other information developed in whole or in part by Studio350 in connection with the provision of services to the client shall be the exclusive property of Studio350 and the client shall retain no ownership, interest, or rights therein.
4.2 The client acknowledges that all Intellectual Property Rights in any Confidential Information or Software developed by Studio350, and in any enhancement, modification, or customization of such Software, and in any other material proprietary to Studio350, vests exclusively in Studio350, and that the client will not infringe Studio350's Intellectual Property Rights, nor seek to exploit or use any such material for its own purposes unless agreed in writing between both parties.
4.3 The client further acknowledges that all Intellectual Property Rights in the Confidential Information and the Software, in any other material proprietary to Studio350, and in any enhancement, modification, or customization of the Software developed by, utilized by, or provided to the client in connection with the client's engagement of Studio350to provide services to the client remains the property of Studio350, and the client acquires no right or interest in such property.
4.4 Where the client is given access to any such Software or any other thing in which Studio350has Intellectual Property Rights, and following provision to such access the client authors any works in which copyright subsists, or develops or creates any inventions or processes (whether capable of registration or not) (collectively Works), as legal and beneficial owner the client hereby:
(a) assigns to Studio350all right, title, and interest in and all rights subsisting in the Works anywhere in the world, including all Intellectual Property Rights in the Works and all proprietary rights subsisting in any material form of the Works;
(b) assigns to Studio350 all copyright subsisting in the Works which is created in the future;
(c) agrees to assign to Studio350the right, title, and interest in and to all rights subsisting in future works, anywhere in the world, including the Intellectual Property Rights not assigned under (a) or (b) and the proprietary rights subsisting in any material form of the Works not assigned under (a);
(d) assigns to Studio350the right to claim (and retain) any damages and other remedies (including but not limited to an account of profits) for past infringement of and wrongful interference to the Works which arose before this assignment; and
(e) warrants that the client will procure consents with respect to all moral rights subsisting in the Works, including consent to do all acts or omissions in relation to the Works, whether occurring in the past, present, or future, from all clients and contractors involved in the creation of the Works that, but for this consent, would infringe any moral rights or similar rights the client or contractors may have anywhere in the world.
We mention liability throughout these Terms but to put it all in one section:
You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Terms of Service or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.
If you have a question about any of the Terms of Service, please contact email@example.com.
All Intellectual Property Rights (including, without limitation, all database rights, rights in designs, rights in know-how, patents and rights in inventions (in all cases whether registered or unregistered and including all rights to apply for registration) and all other intellectual or industrial property rights in any jurisdiction) in any information, content, materials, data or processes contained in or to this website belong to the Studio350, LLC. All rights of Studio350, LLC in such Intellectual Property Rights are hereby reserved.