Terms of Service

1. Acceptance of These Terms

By accessing our website, submitting a message through our contact form, requesting a proposal or engaging Fired Sunflower Pottery LLC to perform services, you agree to be bound by these Terms of Service. If you do not agree with these terms, please do not use the website or the services.

If you accept these terms on behalf of a business or another person, you represent that you have the authority to bind that business or person to these terms. Where a signed service agreement exists between Fired Sunflower Pottery LLC and your organisation, that agreement governs the specific work it covers, and these terms apply to the extent they are not inconsistent with it.

These terms apply together with our Privacy Policy, which explains how we handle information. The Privacy Policy is available on this website and forms part of the agreement between you and our studio.

2. Definitions Used in These Terms

In these terms, the words below have the meanings described here. The Company means Fired Sunflower Pottery LLC. The Client means the business or person engaging the Company. The Services means the computer integrated systems design work the Company provides, including planning, building, integrating and supporting studio systems. The Website means the site published at firedsunflowerpottery.hair. Client Data means information that the Client owns and that is stored or processed inside a system the Company builds or supports. Deliverable means a documented output of the Services, such as a plan, a configuration, a piece of software or a written guide.

Words in the singular include the plural, and words in the plural include the singular. A reference to a statute includes any amendment or replacement. Headings are for convenience only and do not affect interpretation.

3. Eligibility and Authority

The Website and the Services are intended for businesses and adults. By using them, you confirm that you are at least the age of majority in your region and that you have the legal capacity to enter into a binding agreement. If you use the Services for a studio or company, you confirm that you are authorised to act for that organisation.

We may decline to provide Services to any person or business at our discretion, subject to applicable law. If we decline an engagement, we will do so promptly and, where possible, explain the reason. We will not discriminate on grounds that the law prohibits.

4. Permitted Use of the Website

You may view, download and print pages from the Website for your own business or personal reference. You may not use the Website in a way that damages it, interferes with it, or places an unreasonable load on our hosting. You may not attempt to gain unauthorised access to any part of the Website, to our systems or to the systems of another user.

• Do not copy, republish or redistribute substantial parts of the Website without written permission.
• Do not use automated tools to scrape the Website in a manner that burdens our infrastructure.
• Do not introduce malware, attempt to probe our security or misrepresent your identity.
• Do not use the Website to send unsolicited commercial messages or to harvest contact details.

We reserve the right to restrict or block access to the Website where we reasonably believe these rules have been broken, or where restriction is needed to protect the Website, our clients or the public.

5. Scope of Services

Fired Sunflower Pottery LLC provides computer integrated systems design for working studios. Our services include integrating kiln controllers, building studio inventory platforms, implementing custom order tracking, integrating storefronts with point of sale systems, designing studio networks and wireless coverage, and establishing reliable backup for studio records.

The exact scope of an engagement is defined in the written proposal or service agreement that both parties accept. Work that is not described in that document is outside the scope unless the parties agree to a change in writing. We are a systems design studio, not a manufacturer of kilns, a supplier of clay or a public utility, and we do not control the operation of equipment or networks owned by third parties.

We perform the Services with reasonable skill and care, in line with the practices described on our website and in our proposal, and in accordance with applicable law. Where a task requires a licensed trade such as electrical work, we will coordinate with a qualified professional rather than perform that work ourselves.

6. Proposals and Estimates

A proposal from the Company describes the proposed work, the expected deliverables, the timeline and the fees. A proposal is valid for the period stated in it and, if no period is stated, for thirty days from the date it is issued. A proposal becomes a binding agreement when the Client accepts it in writing or pays a deposit, whichever happens first.

An estimate is a good faith assessment of cost or duration based on the information available when it is prepared. If the information changes, or if a site visit reveals conditions that were not known, the estimate may need to be revised. We will discuss any revision with the Client before proceeding, and we will not incur a material increase in cost without the Client agreeing to it.

7. Client Responsibilities

A successful studio system depends on both parties. The Client agrees to provide accurate information, timely decisions and reasonable access to the places and people involved in the work. The Client also agrees to keep its own users informed about changes to the systems we build.

• Provide accurate details about existing equipment, software, networks and constraints.
• Make a responsible person available to approve decisions and to receive handovers.
• Ensure that the Client has the right to authorise any changes to equipment or systems that it asks us to make.
• Maintain the security of credentials issued to the Client and tell us promptly if a credential may have been exposed.
• Follow the written guidance we provide for the operation and care of the systems.

If the Client does not meet these responsibilities and the work is delayed or made more expensive as a result, we may adjust the timeline or the fees and will explain the basis for the adjustment.

8. Fees, Invoicing and Payment

Fees for the Services are stated in the proposal or service agreement. Unless the parties agree otherwise, a deposit is due before work begins, and the balance is invoiced as milestones are reached or on completion. Invoices are payable within the period stated on the invoice, and if no period is stated, within fifteen days of the invoice date.

Fees are exclusive of applicable taxes, which will be added where the law requires. The Client is responsible for any bank or transfer charges associated with payment. Late payment may result in a pause of active work and, where the law permits, interest on the outstanding amount. We will always give notice before pausing work for non payment.

Amounts already paid for work performed are not refundable, except where these terms or applicable law provide otherwise. If a project is cancelled mid stream, the Client pays for the work completed up to the cancellation date, including any non refundable third party costs already committed.

9. Scheduling, Access and Dependencies

We schedule work around the firing calendar and the operating hours of the Client. The Client agrees to provide access to the studio, the equipment and the relevant networks during agreed windows, and to tell us in advance if a window must change. Rescheduling is free when reasonable notice is given, but repeated changes may affect the timeline and the fees.

Some parts of the work depend on third parties, such as an internet service provider, a hardware supplier or a software vendor. We are not responsible for delays caused by a third party, although we will keep the Client informed and will resume work as soon as the dependency is resolved. Where a dependency is likely to be significant, we will flag it in the proposal so that the Client can plan for it.

10. Acceptance and Testing

Before a deliverable is considered complete, we test it against the requirements agreed for the engagement. The Client is given an opportunity to review the deliverable and to raise any material defect within the review period stated in the proposal. We will correct a defect that falls within scope, and we will retest the correction.

A deliverable is deemed accepted when the Client confirms acceptance in writing, when the review period passes without a material defect being reported, or when the Client puts the deliverable into productive use. Acceptance does not limit any warranty that these terms provide, and it does not prevent the Client from raising a defect that could not reasonably have been found during the review.

11. Changes and Change Control

Studios change, and a good system should change with them. When the Client requests work that is outside the original scope, we will describe the effect on cost and timeline and seek written approval before proceeding. Small adjustments that do not materially change the effort may be handled within the existing engagement, and we will tell the Client when that is the case.

Approved changes form part of the agreement. We keep a record of each change so that both parties can see what was agreed and when. This record protects the Client as much as it protects us, because it makes the history of the project clear if a question arises later.

12. Intellectual Property

The Website, its text, its layout, its styling and its code are owned by Fired Sunflower Pottery LLC and are protected by intellectual property law. You may not copy or reuse them except as these terms allow. Our name and our visual identity may not be used without written permission.

For a custom engagement, the Client receives a licence to use the deliverables for the purpose described in the proposal once the agreed fees have been paid. Unless the proposal says otherwise, we retain ownership of our underlying methods, templates, libraries and know how, and we grant the Client a perpetual licence to use the deliverables for its own studio operations.

Open source components used in a deliverable remain subject to their own licences, and we will identify material components where that matters. The Client grants us a licence to use its name and logo in a simple list of clients, unless the Client asks us not to.

13. Client Data and Privacy

Client Data belongs to the Client. We handle Client Data only to provide the Services and only on the instructions of the Client. We do not sell Client Data, and we do not use it for our own marketing. Our Privacy Policy describes how we handle information more broadly, and it applies to the personal information we process as a business.

We apply reasonable security measures to protect Client Data, including access controls, encryption where appropriate and regular backups. The Client is responsible for the accuracy and legality of Client Data, for having a lawful basis to hold it, and for obtaining any consent required from its own customers. On termination, we will return or delete Client Data as described in the agreement and in our retention practices, subject to any legal requirement to keep a record.

14. Third Party Products and Services

The Services often involve third party products, such as kiln controllers, card readers, hosting platforms and internet services. These products are supplied under the terms of their own providers, and the Client is responsible for complying with those terms, including any licence fees and usage limits.

We select third party products with care, but we cannot guarantee the performance of a provider that we do not control. If a provider changes its terms, raises its prices or discontinues a product, we will help the Client evaluate alternatives. We are not liable for the acts or omissions of a third party provider, although we will assist in good faith to resolve an issue that affects the systems we support.

15. Confidentiality

Each party may receive confidential information from the other. Confidential information includes business plans, customer lists, pricing, technical configurations and any other information that a reasonable person would treat as private. Each party agrees to protect the confidential information it receives, to use it only for the purpose of the engagement, and to disclose it only to people who need it and who are bound to protect it.

Confidentiality does not apply to information that is already public, that becomes public without a breach of these terms, that is independently developed without use of the confidential information, or that is required to be disclosed by law. If a legal disclosure is required, the party subject to it will, where lawful, give the other party notice so that protective steps can be considered.

These confidentiality obligations continue after the engagement ends. They do not expire merely because a project is complete, because the value of trust is lasting.

16. Warranties and Disclaimers

We warrant that we will perform the Services with reasonable skill and care, using suitably qualified people, and in a manner consistent with the proposal. We warrant that the deliverables we create will materially conform to the requirements agreed for the engagement. If a deliverable does not conform, our obligation is to correct it or, where correction is not possible, to provide a reasonable remedy.

Except for the warranties stated in these terms, the Website and the Services are provided as available and without further warranties of any kind, whether express or implied. We do not warrant that the Website will be uninterrupted or free of error, that a third party network will always be available, or that a system will be free of every security risk. Some jurisdictions do not allow the exclusion of certain warranties, so part of this section may not apply to you.

17. Limitation of Liability

To the fullest extent allowed by law, Fired Sunflower Pottery LLC will not be liable for indirect, incidental, special, consequential or punitive damages, or for loss of profit, loss of revenue, loss of data or loss of business opportunity, arising from or connected to the Website or the Services, even if we were advised of the possibility of such loss.

Our total liability for all claims connected to an engagement will not exceed the total fees paid by the Client to the Company for the engagement in the twelve months before the event giving rise to the claim. Where the law does not allow a limitation of this kind, our liability is limited to the smallest amount the law permits.

Nothing in these terms excludes or limits liability that cannot lawfully be excluded, including liability for fraud or for death or personal injury caused by negligence where the law forbids exclusion.

18. Indemnity

The Client agrees to indemnify and hold harmless Fired Sunflower Pottery LLC against claims, losses and reasonable costs arising from the Client Data, from the Client breaking these terms, or from the Client infringing the rights of a third party through material it provides. This indemnity applies to the extent the claim is caused by the Client and not by our own negligence or breach.

We agree to indemnify and hold harmless the Client against claims that a deliverable we created infringes the intellectual property rights of a third party, provided the Client promptly notifies us of the claim and allows us to direct the response. This indemnity does not apply where the claim arises from Client Data, from modifications made by the Client, or from use of the deliverable outside the agreed purpose.

19. Term and Termination

These terms apply for as long as you use the Website or engage the Services. A service engagement runs for the period stated in the proposal and may be extended by agreement. Either party may terminate an engagement for material breach if the breach is not corrected within a reasonable period after written notice. Either party may terminate for insolvency or for a similar event that makes performance impracticable.

On termination, the Client pays for the work completed and for any committed third party costs. We return or delete Client Data as agreed, and we provide the handover materials that are due. Clauses that by their nature should survive termination, including confidentiality, intellectual property, limitation of liability and governing law, remain in force.

20. Force Majeure

Neither party is liable for a delay or failure caused by an event beyond its reasonable control. Such events may include natural disasters, severe weather, fire, flooding, power outages, failures of public networks, epidemics, civil unrest, labour disputes or acts of government. The affected party will give notice as soon as practical and will take reasonable steps to reduce the impact.

If a force majeure event continues for a long period, either party may end the affected engagement without further liability for the unfinished part. Amounts already due for work performed remain payable, and each party will return or safeguard the property of the other.

21. Governing Law and Disputes

These terms are governed by the laws of the State of Utah in the United States, without regard to conflict of law rules. The parties agree to attempt to resolve a dispute through good faith discussion before starting formal proceedings. If a dispute cannot be resolved by discussion, it may be brought before a court of competent jurisdiction in Utah, and each party consents to that jurisdiction.

Before any formal step, we ask that you contact us at studio@firedsunflowerpottery.hair or call +16075108570 so that a person can review the matter. Many concerns are resolved quickly once the right detail is on the table. Nothing in this section prevents a party from seeking urgent relief where that is genuinely necessary.

22. Changes to These Terms

We may update these terms from time to time. When we do, we will revise the effective date at the top of this page. If a change is material, we will describe it clearly and, where required, give reasonable notice before it takes effect. Changes do not apply retroactively to an engagement that has already been agreed, unless the law requires otherwise or both parties agree.

Continuing to use the Website or the Services after an update means that you accept the revised terms. If you do not agree with a revised term, you may contact us to discuss it or stop using the Services. We keep a record of significant changes so that we can answer questions accurately.

23. How to Contact Us

If you have a question about these Terms of Service, a concern about an engagement or a request about a legal matter, please contact our studio using the details below.

We read every message and aim to reply within a few business days. Thank you for taking the time to read these terms, and for considering our studio for the systems behind your work.