Terms of Service

Introduction

These Terms of Service ("Terms") govern the relationship between Nexanova Designs ("we," "us," or "our") and our clients ("you" or "your") for all web design, branding, digital marketing, and related services we provide.

We've written these terms in clear, straightforward language. If anything is unclear, please reach out to us at info@nexanovadesigns.ca before signing a project agreement. We want you to understand everything before we start working together.

By engaging our services, you agree to these Terms. These Terms work alongside the individual project agreement we create for each engagement, which outlines the specific scope, deliverables, timeline, and pricing for your project.

1. Service Agreement

1.1 Project Proposals

Before any work begins, we will provide you with a written project proposal that includes:

• A detailed scope of work describing what we will deliver
• A project timeline with estimated milestones
• A fixed price for the agreed-upon scope
• Payment schedule and terms
• Number of revision rounds included

The project proposal becomes a binding agreement once both parties have signed it and we have received the initial deposit payment.

1.2 Scope of Work

We will deliver the services described in your signed project proposal. Any work requested beyond the agreed-upon scope will be treated as additional work and quoted separately before we proceed. We will never surprise you with extra charges — any additional costs will be discussed and approved by you in writing before we incur them.

1.3 Client Responsibilities

To deliver your project on time and on budget, we need your cooperation. Specifically, you agree to:

• Provide all requested content, materials, images, and information within the timelines outlined in the project proposal
• Designate a single primary point of contact for decisions and feedback
• Respond to requests for feedback or approval within 5 business days
• Provide honest, specific feedback during revision rounds
• Ensure that all content and materials you provide do not infringe on any third-party rights

Delays caused by late content delivery or delayed feedback may extend the project timeline. If a project is delayed by more than 30 days due to client-side delays, we reserve the right to re-scope the project timeline and, if necessary, adjust pricing to reflect the additional time required.

2. Intellectual Property

2.1 Ownership of Final Work

Upon receipt of full and final payment, you own the completed deliverables outlined in your project proposal. This includes:

• The final website design and all associated code
• Final logo files and brand identity assets
• Written content created specifically for your project
• Custom graphics and illustrations created for your project

This ownership is full and unrestricted. You may use, modify, distribute, or transfer these assets as you see fit. We will never hold your website, files, or domain name hostage.

2.2 Ownership Before Final Payment

Until full payment is received, all work product remains the intellectual property of Nexanova Designs. We grant you a temporary license to review and provide feedback on work in progress, but you may not use, publish, or distribute unfinished or unpaid-for work.

2.3 Portfolio and Promotional Rights

We retain the right to display completed work in our portfolio, on our website, on social media, and in marketing materials. This includes screenshots, descriptions, and results achieved (with your permission for specific metrics).

If you prefer that your project not be featured in our portfolio, please let us know in writing before project commencement, and we will respect that request.

2.4 Third-Party Assets

Some projects may include third-party assets such as stock photography, fonts, plugins, or templates. These assets are subject to their own licensing terms. We will inform you of any third-party licensing requirements and ensure all assets are properly licensed for your use.

2.5 Pre-Existing Materials

Any tools, frameworks, code libraries, or design components that we developed prior to your project remain our intellectual property. You receive a perpetual, non-exclusive license to use these elements as part of your delivered project, but not to extract and resell them independently.

3. Payment Terms

3.1 Deposit

A 50% deposit is required before any work begins. The deposit is non-refundable once work has commenced, as it covers the time and resources allocated to your project.

3.2 Payment Schedule

• Projects under $10,000: 50% deposit to begin, 50% upon completion and before launch.
• Projects $10,000 and above: 40% deposit to begin, 30% at the midway milestone, 30% upon completion and before launch.

3.3 Payment Methods

We accept the following payment methods:

• E-transfer (Interac)
• Credit card (Visa, Mastercard)
• Cheque (made payable to Nexanova Designs)

3.4 Payment Timing

All invoices are due within 14 days of the invoice date unless otherwise specified in your project agreement. The final website or deliverables will be launched or transferred upon receipt of full payment.

3.5 Late Payments

Invoices not paid within 14 days of the due date will be subject to a late fee of 2% per month on the outstanding balance. If payment is more than 30 days overdue, we reserve the right to pause all work on the project until payment is received.

3.6 Monthly Services

For ongoing monthly services (SEO, marketing, maintenance), billing occurs on the first of each month. Monthly services require a minimum 3-month commitment. After the initial commitment period, services continue on a month-to-month basis and can be cancelled with 30 days written notice.

4. Revisions Policy

4.1 Included Revisions

Each package includes a specified number of revision rounds (outlined in your project proposal). A "revision round" means a single set of collected feedback that we implement in one batch. We encourage you to consolidate feedback into complete rounds rather than sending changes piecemeal.

4.2 What Counts as a Revision

Revisions include changes to layout, colour, typography, imagery, content placement, and other design adjustments within the agreed-upon scope. Revisions do not include:

• Changes to the project scope (adding new pages, features, or functionality)
• Complete design direction changes after an approved concept
• Changes to content you provided (rewriting copy is separate from design revisions)

4.3 Additional Revisions

Revision rounds beyond those included in your package are billed at $150 per round. We will always notify you before charging for additional revisions.

4.4 Approval

After each revision round, we will ask for your written approval (email is fine) before moving forward. Once you approve a project phase, going back to revise that phase counts as a new revision round.

5. Project Timeline

5.1 Estimated Timelines

Project timelines provided in proposals are estimates based on our current workload and the assumption that client responsibilities (content delivery, feedback, approvals) are completed on time.

Typical timelines:

• Starter projects: 3-4 weeks
• Business projects: 4-6 weeks
• Premium projects: 6-8 weeks
• Custom projects: As specified in the proposal

5.2 Delays

We will communicate proactively if we anticipate any delays on our end and provide a revised timeline. Similarly, we expect timely communication from you if you foresee any delays in providing materials or feedback.

5.3 Project Pauses

If you need to pause a project, please let us know in writing. Projects paused for more than 30 days may require re-scoping upon resumption. Projects paused for more than 90 days may be considered abandoned (see Termination section below).

6. Website Hosting and Maintenance

6.1 Included Hosting

Website packages include one year of hosting from the date of launch. Hosting includes server space, SSL certificate, daily backups, and basic security monitoring.

6.2 Hosting Renewal

After the first year, hosting renews at $150/month or $1,500/year (paid annually). We will notify you at least 30 days before renewal. You are not obligated to renew hosting with us.

6.3 Website Transfer

If you choose to move your website to a different hosting provider, we will provide all necessary files and assist with the migration process. There is no transfer fee. Your website is yours.

7. Limitation of Liability

7.1 Service Guarantee

We are committed to delivering high-quality work that meets the specifications outlined in your project proposal. If the deliverables do not meet the agreed-upon specifications, we will revise them at no additional cost until they do.

7.2 Results Disclaimer

While we use proven strategies and best practices, we cannot guarantee specific business results, search engine rankings, traffic numbers, or revenue outcomes. Digital marketing results depend on many factors beyond our control, including market conditions, competition, industry trends, and your own business operations.

Case studies and testimonials on our website represent actual results achieved by specific clients in specific circumstances and should not be interpreted as guarantees of similar results.

7.3 Liability Cap

To the maximum extent permitted by law, our total liability for any claim arising from our services is limited to the total amount you paid us for the specific project or service in question. We are not liable for indirect, incidental, consequential, or punitive damages, including lost profits, lost data, or business interruption.

7.4 Force Majeure

We are not liable for delays or failures in performance caused by events beyond our reasonable control, including but not limited to natural disasters, internet outages, power failures, government actions, or pandemics.

8. Confidentiality

8.1 Your Information

We treat all information you share with us as confidential. We will not disclose your business information, strategies, financial details, or proprietary content to any third party without your written consent, except as required by law.

8.2 Non-Disclosure

If your project requires enhanced confidentiality protections, we are happy to sign a mutual non-disclosure agreement (NDA) before work begins.

9. Termination

9.1 Termination by Client

You may terminate a project at any time by providing written notice. In the event of termination:

• The deposit is non-refundable.
• You will be invoiced for all work completed up to the date of termination, calculated on a pro-rata basis against the total project cost.
• You will receive all completed work upon payment of the final invoice.
• Work in progress (incomplete deliverables) remains our property unless paid for.

9.2 Termination by Nexanova Designs

We reserve the right to terminate a project if:

• Payment is more than 30 days overdue
• The project has been paused for more than 90 days without communication
• You violate these Terms of Service
• Continuing the project would require us to act in a way that is unethical or illegal

In the event that we terminate a project, we will provide a full accounting of work completed and refund any prepaid amounts for work not yet delivered.

9.3 Transition Assistance

Regardless of the reason for termination, we will provide reasonable transition assistance, including transferring any completed files, domain access, and hosting credentials. We will not hold your assets hostage under any circumstances.

10. Dispute Resolution

10.1 Good Faith Resolution

In the event of any dispute arising from these Terms or our services, both parties agree to first attempt to resolve the matter through good faith discussion. Most issues can be resolved with a straightforward conversation.

10.2 Mediation

If a dispute cannot be resolved through direct discussion within 30 days, both parties agree to participate in mediation through a mutually agreed-upon mediator before pursuing any legal action. The cost of mediation will be shared equally.

10.3 Legal Action

If mediation fails to resolve the dispute, either party may pursue legal action. Both parties agree that any legal proceedings will be conducted in the courts of British Columbia, Canada.

11. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein. Both parties submit to the exclusive jurisdiction of the courts of British Columbia.

12. Indemnification

You agree to indemnify and hold Nexanova Designs harmless from any claims, losses, or damages arising from:

• Content, materials, or information you provided that infringes on third-party intellectual property rights
• Use of the deliverables in a manner not contemplated by the project agreement
• Any misrepresentation of information you provided to us

13. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.

14. Entire Agreement

These Terms of Service, together with the signed project proposal and any subsequent change orders, constitute the entire agreement between you and Nexanova Designs. Any modifications to these Terms must be made in writing and signed by both parties.

15. Changes to These Terms

We may update these Terms from time to time. Changes will be posted on this page with an updated "Last Updated" date. For existing clients, changes to these Terms will not affect signed project agreements already in progress unless mutually agreed upon in writing.

Contact Us

If you have any questions about these Terms of Service, please contact us:

Nexanova Designs
7088 191 Street, Unit 21
Surrey, BC V4N 0B4, Canada

Email: info@nexanovadesigns.ca
Phone: (604) 613-0150

We're happy to walk through any of these terms with you. Clear communication is the foundation of a good working relationship.