Terms of Service

By accessing northcreststudio.com or engaging Northcrest Studio for any Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the Services.

If you are entering into these Terms on behalf of a business or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity.

Northcrest Studio provides website design and development services to small businesses, primarily in the United States. Current offerings include:

• Build packages: Starter, Standard, and Premium one-time website builds as described on the Services page.
• Care Plans: Care Lite, Care Standard, and Care Pro recurring monthly maintenance subscriptions covering hosting, backups, edits, and ongoing support.
• Add-on services: extra pages, copywriting, photo curation, Google Business Profile setup, and similar à la carte work.

Specific deliverables, timelines, and prices for each engagement are documented in the SOW. We may update our Services, pricing, and features at any time; the version current at the time of your SOW governs your engagement.

You must be at least 18 years old and able to form a legally binding contract to use the Services. You agree to provide accurate, current, and complete information about you and your business when you engage us, and to update that information as it changes.

You are responsible for keeping any credentials (domain registrar logins, hosting accounts, third-party services we may need access to) confidential, and for all activity under those credentials.

Deposits and balances. Build packages are typically billed as a 50% non-refundable deposit before work begins, with the remaining 50% due upon project launch. Your SOW will specify the exact amounts and milestones.

Payment methods. All payments are processed through Stripe. Invoices are sent electronically and payable by credit card, debit card, or US bank transfer. We do not accept cash, checks, or cryptocurrency.

Late payments. Invoices are due upon receipt unless otherwise specified. Invoices not paid within 14 days are subject to a late fee of 1.5% per month (or the maximum permitted by law, whichever is lower). We may suspend active work on any project with an invoice more than 14 days past due.

Currency and taxes. All fees are quoted in US Dollars (USD) and exclude any sales, use, value-added, or similar taxes, which are your responsibility where applicable.

Chargebacks. If you initiate a chargeback or payment dispute for any reason other than confirmed fraud, you agree to reimburse us for the disputed amount plus any chargeback fees incurred, and we may suspend Services until the matter is resolved.

Build package deposits are non-refundable once design work has begun, because design work cannot be un-done.

If you cancel a Build project after the design phase but before launch, we may, at our sole discretion, issue a partial refund of any amounts paid beyond the deposit, based on the proportion of work not yet completed.

Care Plan payments are not refundable for the current billing month at the time of cancellation. Cancellation takes effect at the end of the 30-day notice period; you will continue to receive Care Plan benefits during that period.

Our standard delivery timelines from project kickoff are:

• Starter: 5 business days, 2 rounds of revisions included
• Standard: 7 business days, 3 rounds of revisions included
• Premium: 10 business days, 3 rounds of revisions included

Project kickoff begins when (a) the deposit is received and (b) you have submitted all required project information (business details, content, photos, brand assets, etc.) via the project intake form.

Client-caused delays. If you delay providing requested information, content, or approvals, the delivery timeline extends day-for-day. We are not responsible for delays caused by your slow response to questions, feedback requests, or approval requests.

Project hold and abandonment. If a project remains inactive for more than 30 days due to Client non-response, we may, at our discretion, place the project on hold or treat it as abandoned. A reactivation fee may apply to resume work.

The SOW defines the scope of work, including the number of pages, features, integrations, and revision rounds included.

Included revisions apply to design and content changes within the original scope (e.g., adjusting copy, swapping a photo, refining a color). Revisions are intended to refine, not to restart.

Change Requests are any requests outside the original scope (e.g., adding pages, adding features, changing the visual direction after design sign-off, swapping the underlying technology stack). Change Requests are billed at the rates published on the Services page or as agreed in writing for the specific change.

We will inform you in advance if a request constitutes a Change Request, and no Change Request work begins until you have approved the additional fee in writing.

Care Plans are monthly recurring subscriptions that include hosting, backups, a defined number of edit minutes, and ongoing maintenance, as detailed on the Services page.

Billing. Care Plans bill monthly in advance via Stripe, on the same date each month as your initial subscription. Subscriptions auto-renew until cancelled.

Cancellation. Either party may cancel a Care Plan with 30 days written notice. You will continue to receive Care Plan benefits during the notice period. At the end of the notice period, we will provide a clean handover including site files, deployment instructions, and account access transfer.

Price changes. We may adjust Care Plan pricing with at least 60 days advance notice. You may cancel within that 60-day window without paying any new rate.

Edit minutes. Each Care Plan tier includes a monthly allotment of edit time. Unused minutes do not roll over. Work beyond the included allotment is billed at our then-current hourly rate, with prior approval.

Scope of Care Plan edits. Care Plan edit time covers minor content updates, image swaps, small design tweaks, link changes, and similar maintenance. Significant new features, additional pages, redesigns, or third-party integrations are outside Care Plan scope and require a separate engagement.

Ownership transfer on final payment. Upon receipt of full payment for your Build package, you receive a perpetual, worldwide, royalty-free license to use, modify, host, and reproduce the deliverables created specifically for your project (the website design, source code, custom copy, custom assets). For Premium packages, where the SOW so states, full ownership of the deliverables is assigned to you upon final payment.

Until final payment is received, all deliverables remain the property of Northcrest Studio, and you do not have a license to use, host, or reproduce them. We may suspend access to in-progress work for any project with overdue payment.

Pre-existing materials. Open-source libraries (e.g., Astro, Tailwind CSS), third-party fonts (under their respective licenses), our internal templates, methodologies, processes, and tools remain the property of their respective owners or Northcrest Studio. The license granted to you on final payment does not extend to these materials beyond their standard licenses.

Unless you opt out in writing before project launch, we retain the right to:

• Display screenshots, mockups, and animations of your completed project in our portfolio at northcreststudio.com/work
• Write and publish a case study describing the project, the design decisions, and the outcomes (without disclosing confidential information)
• Reference your business name and link to your live website in our marketing materials, social media, and outreach

If you'd prefer not to be featured publicly, let us know in writing before project launch and we will honor that request. We will not publish private business metrics (revenue, traffic, lead counts) without your specific permission.

You retain all rights to logos, photos, written content, brand assets, customer data, and other materials you provide to us ("Client Content"). By providing Client Content, you warrant that:

• You own or have all necessary rights and licenses to use the Client Content for your business and on your website
• The Client Content does not infringe any third party's intellectual property, privacy, or other rights
• The Client Content does not contain unlawful, defamatory, or misleading material

You grant us a non-exclusive, royalty-free license to use Client Content solely for the purpose of completing your project and providing ongoing Services.

Each party agrees to keep confidential any non-public information shared during the engagement, including business strategy, pricing, internal operations, customer lists, financial data, and proprietary processes ("Confidential Information"). Confidential Information will not be disclosed to third parties or used outside the scope of the engagement, except (a) as required by law, (b) with prior written consent, or (c) where the information has become publicly known through no fault of the receiving party.

This obligation survives termination of the engagement for three (3) years.

Your project and Care Plan may rely on third-party services and platforms (e.g., Vercel for hosting, Stripe for payments, Formspree for forms, Cal.com for booking, NameCheap for domain registration, Google Workspace for email). These services are governed by their own terms and privacy policies.

We are not responsible for outages, data loss, fee changes, or policy changes made by third-party providers. We will, however, use reasonable efforts to keep you informed of any material changes affecting your site.

We use commercially reasonable efforts to deliver high-quality work that meets the scope and specifications in your SOW. However, the Services are provided "as is" and "as available."

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Services or your website will be uninterrupted, error-free, or free from harmful components
• The website will generate any specific level of traffic, leads, conversions, revenue, or business outcome
• The website will rank in any specific position on any search engine
• Third-party integrations will continue to function indefinitely

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NORTHCREST STUDIO'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SOW, OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID US FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

IN NO EVENT SHALL WE BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, OR REPUTATIONAL HARM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, our liability is limited to the maximum extent permitted by law.

You agree to indemnify, defend, and hold harmless Northcrest Studio, its officers, employees, contractors, and agents from any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Services
• Your violation of these Terms or any applicable law
• Your violation of any third-party right (including intellectual property, privacy, or publicity rights)
• Any Client Content or materials you provided to us
• Any product, service, claim, or representation made on your website

Build projects. Termination of an in-progress Build project is governed by the SOW and Section 5 (Refunds). Deposits are non-refundable.

Care Plans. Either party may terminate with 30 days written notice. See Section 8.

For-cause termination. We may terminate or suspend Services immediately if you:

• Materially breach these Terms or your SOW
• Fail to pay an undisputed invoice more than 30 days past due
• Use the Services for unlawful purposes, harassment, hate speech, fraud, or any activity that exposes us to legal or reputational risk
• Make any threats of violence or unprofessional, abusive conduct toward us or our team

Upon termination, we will provide reasonable handover assistance for paid-for deliverables, including source code, account credentials, and any documentation needed to operate the site independently.

Neither party is liable for any failure or delay in performance due to causes beyond reasonable control, including natural disasters, fire, flood, earthquake, war, terrorism, civil disturbance, pandemic, government action, internet or utility outages, third-party platform outages, or other force majeure events. The affected party will give prompt notice of the event and use reasonable efforts to resume performance as soon as practicable.

These Terms are governed by the laws of the State of California, United States, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in California, and both parties consent to personal jurisdiction and venue in those courts.

Before initiating formal legal action, both parties agree to attempt good-faith resolution by direct discussion for at least 30 days after written notice of the dispute.

We may revise these Terms at any time. The "Last updated" date at the top of this page will reflect the latest revision. For material changes, we will provide reasonable notice by email or by prominent notice on northcreststudio.com.

Continued use of the Services after such notice constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, your sole remedy is to discontinue use of the Services.

Entire agreement. These Terms, your SOW, and our Privacy Policy constitute the entire agreement between you and Northcrest Studio regarding the Services, superseding any prior agreements or communications.

Severability. If any provision is held unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to be enforceable.

No waiver. Our failure to enforce any provision of these Terms is not a waiver of that provision or our right to enforce it later.

Assignment. You may not assign these Terms or any rights under them without our written consent. We may assign these Terms to a successor in connection with a merger, acquisition, or sale of substantially all of our assets.

Independent contractors. Nothing in these Terms creates a partnership, employment, agency, or joint venture relationship between the parties. We are an independent contractor.

Notices. Any notice required under these Terms may be sent by email to the address on file or to hello@northcreststudio.com.

Headings. Section headings are for convenience only and do not affect interpretation.