Terms of Service | Dutch Hill Media

Dutch Hill Media –
Terms of Service

Last updated: 12/27/2025

These Terms of Service (“Terms”) govern your use of the website, services, and deliverables provided by Dutch Hill Media (“Dutch Hill Media,” “we,” “us,” or “our”). By accessing or using our website or services, you (“Client,” “you,” or “your”) agree to be bound by these Terms.

If you do not agree with these Terms, you must not use our website or services.

1. Services
1.1 Scope of Services
Dutch Hill Media provides website design and development, graphic design, and on-site photography services, as well as related consulting, strategy, and support services as agreed in a written proposal, quote, invoice, or service agreement (collectively, the “Services”).

1.2 Web Design and Hosting

Website design projects are typically created using Wix or similar third-party platforms.
Certain website design plans include one (1) year of domain registration and hosting bundled with the project fee.
After the first year, domain and hosting must be renewed annually to keep the domain active and to keep the website online; renewal fees are the Client’s responsibility.
If the Client fails to pay renewal fees by the due date, the website and/or domain may expire, become inaccessible, or be released by the registrar, and Dutch Hill Media is not responsible for any loss or interruption resulting from non-payment.

1.3 On-Site Photography
Dutch Hill Media may provide on-site photography at locations specified by the Client, subject to scheduling, availability, and any required permits, permissions, or releases. The Client is responsible for securing access to venues and obtaining any necessary permissions for photography.

2. Proposals, Fees, and Payment
2.1 Proposals and Estimates
All proposals, quotes, or estimates are valid for a limited time as stated in the document or, if not stated, for thirty (30) days from the date of issue. Any changes to the scope of work may result in a revised proposal and additional fees.

2.2 Deposits and Payments

Dutch Hill Media may require a non-refundable deposit or retainer (for example, 25–50% of the project total) before work begins.
The remaining balance is due according to the payment schedule set forth in the proposal, invoice, or separate agreement, and in any event no later than delivery or launch of the final deliverables unless otherwise agreed in writing.
For on-site photography, a deposit may be required to secure the date, with the balance due on or before the session date or as otherwise stated in the invoice or contract.

2.3 Late Payments

Invoices not paid by the due date may be subject to late fees or interest at the maximum rate permitted by applicable law.
Dutch Hill Media reserves the right to suspend work, remove a website from public view, disable access, or withhold deliverables if accounts are overdue.

2.4 Refunds
All deposits are non-refundable unless otherwise expressly stated in writing. Due to the custom nature of design and photography services, completed or in-progress work is generally non-refundable, even if the Client chooses not to use the deliverables.

3. Client Responsibilities
3.1 Content and Materials
The Client is responsible for timely providing all content, text, images, logos, product information, brand assets, and other materials necessary for Dutch Hill Media to perform the Services. The Client represents and warrants that it has all rights, permissions, and licenses needed to use such materials and to grant Dutch Hill Media the rights described in these Terms.

3.2 Approvals and Feedback
The Client agrees to review proofs, drafts, and test versions and to provide feedback or approvals within the requested timeframes. Delays in feedback may delay the project timeline and may result in additional fees if deadlines are materially extended.

3.3 Access and Cooperation
For web projects, the Client shall provide access to existing hosting, domain registrar, accounts, or any third-party services as reasonably needed. For on-site photography, the Client shall ensure that the photographer has reasonable access to the location and that all required permissions, passes, or releases are in place.

4. Intellectual Property and Licenses
4.1 Dutch Hill Media Ownership
Unless otherwise agreed in a separate written agreement, Dutch Hill Media retains ownership of all intellectual property rights in any original design concepts, code, templates, artwork, and other creative work created in the course of providing the Services, including but not limited to layout, structure, and underlying design systems.

4.2 License to Client – Web and Graphic Design
Upon receipt of full payment, and subject to these Terms, Dutch Hill Media grants the Client a non-exclusive, non-transferable license to use the final approved design deliverables (such as website layouts, graphics, and branding assets) solely for the Client’s own business purposes, in the formats provided. This license does not include the right to resell, sublicense, or redistribute the deliverables to third parties without Dutch Hill Media’s prior written consent.

4.3 Photography – Copyright and Usage

All photographs and digital images created by Dutch Hill Media remain the copyrighted work and intellectual property of Dutch Hill Media, unless otherwise agreed in writing.
The Client is granted a limited license to use the images for the specific purposes and in the specific mediums described in the applicable agreement (for example, personal use, portfolio, social media, or specified commercial use).
Any use beyond the agreed scope (including additional print runs, advertising campaigns, or third-party use) requires a separate license and may involve additional fees.
The Client may not edit, alter, apply filters, or otherwise modify the images in a way that distorts the creative intent or quality of the work without Dutch Hill Media’s prior written consent.

4.4 Third-Party Platforms and Tools

Websites may be built on third-party platforms (such as Wix) and may utilize third-party themes, plugins, apps, fonts, or stock assets subject to their own license terms.
The Client understands that these third-party components are governed by separate terms and may require recurring fees or subscriptions, which are the Client’s responsibility.

4.5 Portfolio and Marketing Use
The Client grants Dutch Hill Media the right to display the Client’s project, including screenshots of the website, design work, and selected photographs, in Dutch Hill Media’s portfolio, website, social media, and marketing materials, unless otherwise agreed in writing. Where appropriate, Dutch Hill Media will make reasonable efforts to remove confidential or sensitive information from portfolio examples upon request.

5. Domains, Hosting, and Maintenance
5.1 Domain Registration and Ownership

When domain registration is included for the first year, the domain may be registered in Dutch Hill Media’s name or in the Client’s name, as agreed.
Ownership and access to the domain may be subject to the Client’s timely payment of all fees and compliance with these Terms. Transfer of domain ownership (if applicable) may incur reasonable administrative fees.

5.2 Hosting Services

Hosting may be provided through a third-party provider; such hosting is subject to the provider’s own terms, service levels, and limitations.
Dutch Hill Media is not responsible for outages, downtime, data loss, or performance issues attributable to third-party hosting or platform providers.

5.3 Renewals

Domain and hosting renewals after the included one-year period are the Client’s responsibility, including any associated fees.
Dutch Hill Media may offer renewal, maintenance, or support packages as a separate service; however, unless explicitly agreed in writing, Dutch Hill Media has no obligation to renew or maintain the domain or hosting on the Client’s behalf.

5.4 Backups and Data
While Dutch Hill Media may implement reasonable backup practices, the Client is ultimately responsible for their own data, content, and any backups. Dutch Hill Media does not guarantee that any particular backup will be available at any given time.

6. Revisions, Changes, and Cancellations
6.1 Revisions (Subjective or Additional Changes)
Unless otherwise stated, proposals include a specified number of revision rounds for design or proofing. These revisions cover subjective or additional change requests by the Client (for example, preference-based design tweaks, new content, or stylistic changes) and do not apply to objective “material defects,” which are addressed under Section 9 (Acceptance of Deliverables). Additional revisions or changes beyond the included scope may be billed at our then-current hourly rate or as otherwise specified.

6.2 Change Requests and Scope Creep
Any requests that materially change the original scope (such as new features, pages, branding elements, or additional photography locations) may require a written change order and additional fees. Dutch Hill Media may pause work until the revised scope and pricing are accepted.

6.3 Cancellations
If the Client cancels a project after work has begun, the Client will be responsible for payment of all work performed up to the date of cancellation, including any non-refundable costs or third-party fees incurred on the Client’s behalf. Deposits are generally non-refundable.

7. On-Site Photography Conditions
7.1 Scheduling and Punctuality
The Client is responsible for ensuring that subjects, locations, and any necessary preparations are ready at the agreed session time. Delays caused by the Client or late arrivals may reduce shooting time or result in additional charges.

7.2 Weather and Venue Limitations
Outdoor sessions are subject to weather conditions. If weather or venue restrictions significantly impair the ability to complete the session, sessions may be rescheduled at Dutch Hill Media’s discretion. Any venue fees, permits, or location charges are the Client’s responsibility.

7.3 Model and Property Releases
The Client is responsible for obtaining any necessary model releases, property releases, or other permissions required for the intended use of the images, unless otherwise specifically agreed in writing. The Client agrees to indemnify Dutch Hill Media for any claims arising from failure to obtain such releases.

8. Acceptable Use and Website Content
8.1 Lawful Use
The Client agrees not to use the website, designs, or images created by Dutch Hill Media for any unlawful or prohibited purpose, including but not limited to:

Defamatory, obscene, or abusive content
Content that infringes third-party intellectual property or privacy rights
Illegal or deceptive advertising, spam, or malicious activities

8.2 Client Content Responsibility
The Client is solely responsible for the accuracy, legality, and appropriateness of all content on their website or in their marketing materials. Dutch Hill Media is not responsible for reviewing or verifying the Client’s content for legal compliance.

9. Acceptance of Deliverables (Objective Material Defects)
9.1 Inspection Period
The Client shall have ten (10) business days after delivery of the applicable goods or services (including, without limitation, website deliverables, design files, and photographic images, as applicable) to review and test such deliverables and to notify Dutch Hill Media in writing of any objective, material defects or non-conformity with the agreed specifications (the “Inspection Period”).

9.2 Deemed Acceptance
If the Client does not provide written notice of any material defect or non-conformity within the Inspection Period, the goods or services shall be deemed accepted as delivered and in full conformity with the applicable agreement. After acceptance (including deemed acceptance), any further changes, corrections, or enhancements requested by the Client will generally be treated as additional work under Section 6 (Revisions, Changes, and Cancellations) and may be billed at Dutch Hill Media’s then-current rates.

9.3 Correction of Material Defects
If the Client timely notifies Dutch Hill Media in writing of a material defect or non-conformity within the Inspection Period, Dutch Hill Media will use commercially reasonable efforts to promptly correct such material defect or non-conformity at no additional cost to the Client. Dutch Hill Media’s obligation to correct material defects reported within the Inspection Period is the Client’s sole and exclusive remedy with respect to such defects.

10. Disclaimers and Limitation of Liability
10.1 No Guarantees of Results
Dutch Hill Media does not guarantee any specific results from the use of the Services or deliverables, including but not limited to search engine rankings, traffic, engagement, or sales.

10.2 Service Interruptions
Occasional interruptions, errors, bugs, or delays may occur due to third-party platforms, hosting providers, or the nature of the internet. Dutch Hill Media will use commercially reasonable efforts to address issues within its control but does not guarantee uninterrupted or error-free operation.

10.3 Limitation of Liability
To the maximum extent permitted by law, Dutch Hill Media’s total liability for any claim arising out of or relating to the Services or these Terms shall not exceed the total amount paid by the Client to Dutch Hill Media for the specific project or service giving rise to the claim. Dutch Hill Media shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including lost profits, business interruption, or data loss.

11. Indemnification
The Client agrees to indemnify, defend, and hold harmless Dutch Hill Media, its owners, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

The Client’s use of the Services or deliverables
The Client’s content or materials
The Client’s violation of these Terms or any applicable law
Any claim that the Client’s content or use of deliverables infringes or misappropriates any third-party rights

12. Third-Party Services
The Services may integrate or rely on third-party services, platforms, tools, or plugins (including but not limited to Wix, hosting companies, stock image providers, email marketing tools, or payment processors). The Client acknowledges that:

These third parties are not controlled by Dutch Hill Media.
Use of third-party services is governed by their own terms and policies.
Dutch Hill Media is not responsible for any acts, omissions, or failures of third-party service providers.

13. Force Majeure
13.1 Force Majeure Events
Neither Party shall be liable for any failure or delay in performing its obligations under these Terms (other than payment obligations) to the extent such failure or delay is caused by events beyond its reasonable control, including, but not limited to, pandemics, epidemics, cyberattacks, labor strikes, utility outages, natural disasters, acts of terrorism, or government orders (each, a “Force Majeure Event”).

13.2 Notice and Mitigation
The Party affected by a Force Majeure Event shall promptly notify the other Party in writing of the nature and expected duration of the event and shall use commercially reasonable efforts to mitigate the impact of the Force Majeure Event and to resume performance as soon as reasonably practicable.

13.3 Extended Force Majeure; Termination
If a Force Majeure Event continues for more than thirty (30) consecutive days and materially affects a Party’s ability to perform its obligations under these Terms, either Party may terminate the affected project or agreement upon written notice to the other Party, without liability for such termination (except for payment of fees accrued for Services rendered up to the effective date of termination). For the avoidance of doubt, the Client’s obligation to pay undisputed amounts when due is not excused by a Force Majeure Event.

14. Enforceability
14.1 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

14.2 Waiver
No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term, and any failure of Dutch Hill Media to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

15. Entire Agreement; Amendments (Project-Specific Agreements)
This Agreement (including any project-specific proposals, statements of work (SOWs), quotes, invoices, or other documents expressly incorporated by reference for a particular project or engagement) constitutes the entire agreement between Dutch Hill Media and the Client with respect to that project and supersedes all prior and contemporaneous proposals, negotiations, understandings, and communications, whether written or oral, relating to that same subject matter. Any modification or amendment to such project-specific Agreement must be made in a writing that expressly states it is amending that Agreement and must be signed by both Parties (which may include electronic signatures where permitted by law).

16. Governing Law and Dispute Resolution
16.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law principles.

16.2 Dispute Resolution; Venue
The parties agree to attempt to resolve any dispute arising from these Terms or the Services through good-faith negotiations. If a resolution cannot be reached informally, any action or proceeding shall be brought in the state or federal courts located in Columbia County, Pennsylvania, and the parties consent to the exclusive jurisdiction and venue of those courts.

17. Changes to These Terms (Prospective Application)
Dutch Hill Media may update these Terms from time to time by posting a revised version on its website, with or without prior notice. The “Last updated” date will reflect the latest revision. Any such changes will apply prospectively only, meaning they will govern: (a) future use of the website from the date they are posted, and (b) future projects, orders, or engagements initiated after the revised Terms are posted. Changes to these online Terms will not, by themselves, modify or amend any separate project-specific Agreement already signed by both Parties unless the Parties expressly agree in a written amendment signed by both Parties. Continued use of the website or initiation of new projects or orders after changes become effective constitutes acceptance of the revised Terms.

18. Privacy
Dutch Hill Media’s collection and use of personal information is governed by its Privacy Policy, which should be made available on the website. By using the Services, the Client consents to such collection and use consistent with the Privacy Policy and applicable law.

19. Contact Information
For questions about these Terms or the Services, you may contact:
Dutch Hill Media
64 A Hartzel Road, Bloomsburg, PA 17815
Dutchhillmedia@gmail.com
509-339-4814

Dutch Hill Media – Terms of Service

Website design projects are typically created using Wix or similar third-party platforms.

Certain website design plans include one (1) year of domain registration and hosting bundled with the project fee.

After the first year, domain and hosting must be renewed annually to keep the domain active and to keep the website online; renewal fees are the Client’s responsibility.

If the Client fails to pay renewal fees by the due date, the website and/or domain may expire, become inaccessible, or be released by the registrar, and Dutch Hill Media is not responsible for any loss or interruption resulting from non-payment.​

Dutch Hill Media may require a non-refundable deposit or retainer (for example, 25–50% of the project total) before work begins.

The remaining balance is due according to the payment schedule set forth in the proposal, invoice, or separate agreement, and in any event no later than delivery or launch of the final deliverables unless otherwise agreed in writing.

For on-site photography, a deposit may be required to secure the date, with the balance due on or before the session date or as otherwise stated in the invoice or contract.​

2.3 Late Payments

Invoices not paid by the due date may be subject to late fees or interest at the maximum rate permitted by applicable law.

Dutch Hill Media reserves the right to suspend work, remove a website from public view, disable access, or withhold deliverables if accounts are overdue.​

2.4 Refunds All deposits are non-refundable unless otherwise expressly stated in writing. Due to the custom nature of design and photography services, completed or in-progress work is generally non-refundable, even if the Client chooses not to use the deliverables.

All photographs and digital images created by Dutch Hill Media remain the copyrighted work and intellectual property of Dutch Hill Media, unless otherwise agreed in writing.

The Client is granted a limited license to use the images for the specific purposes and in the specific mediums described in the applicable agreement (for example, personal use, portfolio, social media, or specified commercial use).

Any use beyond the agreed scope (including additional print runs, advertising campaigns, or third-party use) requires a separate license and may involve additional fees.

The Client may not edit, alter, apply filters, or otherwise modify the images in a way that distorts the creative intent or quality of the work without Dutch Hill Media’s prior written consent.​

4.4 Third-Party Platforms and Tools

Websites may be built on third-party platforms (such as Wix) and may utilize third-party themes, plugins, apps, fonts, or stock assets subject to their own license terms.

The Client understands that these third-party components are governed by separate terms and may require recurring fees or subscriptions, which are the Client’s responsibility.​

When domain registration is included for the first year, the domain may be registered in Dutch Hill Media’s name or in the Client’s name, as agreed.

Ownership and access to the domain may be subject to the Client’s timely payment of all fees and compliance with these Terms. Transfer of domain ownership (if applicable) may incur reasonable administrative fees.​

5.2 Hosting Services

Hosting may be provided through a third-party provider; such hosting is subject to the provider’s own terms, service levels, and limitations.

Dutch Hill Media is not responsible for outages, downtime, data loss, or performance issues attributable to third-party hosting or platform providers.​

5.3 Renewals

Domain and hosting renewals after the included one-year period are the Client’s responsibility, including any associated fees.

Dutch Hill Media may offer renewal, maintenance, or support packages as a separate service; however, unless explicitly agreed in writing, Dutch Hill Media has no obligation to renew or maintain the domain or hosting on the Client’s behalf.​

5.4 Backups and Data While Dutch Hill Media may implement reasonable backup practices, the Client is ultimately responsible for their own data, content, and any backups. Dutch Hill Media does not guarantee that any particular backup will be available at any given time.​

Defamatory, obscene, or abusive content

Content that infringes third-party intellectual property or privacy rights

Illegal or deceptive advertising, spam, or malicious activities​

8.2 Client Content Responsibility The Client is solely responsible for the accuracy, legality, and appropriateness of all content on their website or in their marketing materials. Dutch Hill Media is not responsible for reviewing or verifying the Client’s content for legal compliance.​

The Client’s use of the Services or deliverables

The Client’s content or materials

The Client’s violation of these Terms or any applicable law

Any claim that the Client’s content or use of deliverables infringes or misappropriates any third-party rights​

12. Third-Party Services The Services may integrate or rely on third-party services, platforms, tools, or plugins (including but not limited to Wix, hosting companies, stock image providers, email marketing tools, or payment processors). The Client acknowledges that:

These third parties are not controlled by Dutch Hill Media.

Use of third-party services is governed by their own terms and policies.

Dutch Hill Media is not responsible for any acts, omissions, or failures of third-party service providers.​

Dutch Hill Media –
Terms of Service

If the Client fails to pay renewal fees by the due date, the website and/or domain may expire, become inaccessible, or be released by the registrar, and Dutch Hill Media is not responsible for any loss or interruption resulting from non-payment.

For on-site photography, a deposit may be required to secure the date, with the balance due on or before the session date or as otherwise stated in the invoice or contract.

Dutch Hill Media reserves the right to suspend work, remove a website from public view, disable access, or withhold deliverables if accounts are overdue.

2.4 Refunds
All deposits are non-refundable unless otherwise expressly stated in writing. Due to the custom nature of design and photography services, completed or in-progress work is generally non-refundable, even if the Client chooses not to use the deliverables.

The Client may not edit, alter, apply filters, or otherwise modify the images in a way that distorts the creative intent or quality of the work without Dutch Hill Media’s prior written consent.

The Client understands that these third-party components are governed by separate terms and may require recurring fees or subscriptions, which are the Client’s responsibility.

Ownership and access to the domain may be subject to the Client’s timely payment of all fees and compliance with these Terms. Transfer of domain ownership (if applicable) may incur reasonable administrative fees.

Dutch Hill Media is not responsible for outages, downtime, data loss, or performance issues attributable to third-party hosting or platform providers.

Dutch Hill Media may offer renewal, maintenance, or support packages as a separate service; however, unless explicitly agreed in writing, Dutch Hill Media has no obligation to renew or maintain the domain or hosting on the Client’s behalf.

5.4 Backups and Data
While Dutch Hill Media may implement reasonable backup practices, the Client is ultimately responsible for their own data, content, and any backups. Dutch Hill Media does not guarantee that any particular backup will be available at any given time.

Illegal or deceptive advertising, spam, or malicious activities

8.2 Client Content Responsibility
The Client is solely responsible for the accuracy, legality, and appropriateness of all content on their website or in their marketing materials. Dutch Hill Media is not responsible for reviewing or verifying the Client’s content for legal compliance.

Any claim that the Client’s content or use of deliverables infringes or misappropriates any third-party rights

12. Third-Party Services
The Services may integrate or rely on third-party services, platforms, tools, or plugins (including but not limited to Wix, hosting companies, stock image providers, email marketing tools, or payment processors). The Client acknowledges that:

Dutch Hill Media is not responsible for any acts, omissions, or failures of third-party service providers.