Terms of Service

Agreement to Terms

By accessing or using the services of NDS Digital Studio ("we," "our," or "us"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services. We are based in Michigan, United States, and these terms are governed by Michigan law.

Services Provided

NDS Digital Studio provides web design, development, and related digital services including but not limited to:

• Custom website design and development
• Website redesign and refresh services
• Custom feature development (AI tools, forms, integrations, dashboards, calculators)
• Website maintenance and support
• Consultation and strategy services

Client Responsibilities

As a client, you agree to:

• Provide Materials: Supply all necessary content, images, logos, and materials in a timely manner
• Timely Feedback: Respond to requests for feedback and approval within agreed-upon timeframes
• Accurate Information: Provide accurate business information and requirements
• Legal Compliance: Ensure all provided materials comply with applicable laws and do not infringe on third-party rights
• Payment: Make timely payments according to the agreed-upon schedule
• Communication: Maintain reasonable communication throughout the project

Project Scope and Changes

Each project will be defined by a separate agreement or proposal. Any changes to the original scope may result in additional fees and extended timelines. Change requests must be submitted in writing and approved by both parties before implementation.

Payment Terms

• Deposits: A deposit may be required before work begins
• Payment Schedule: Payment terms will be outlined in your project agreement
• Late Payments: Late payments may result in project delays or suspension of services
• Refunds: Refund policies will be specified in individual project agreements

Intellectual Property Rights

Client-Provided Materials

You retain all rights to materials you provide (logos, content, images). By providing these materials, you grant us a license to use them for your project.

Completed Work

Upon full payment, you will own the final website and associated custom code developed specifically for your project. However:

• Third-party tools, plugins, and frameworks remain the property of their respective owners
• We retain the right to use general techniques, methodologies, and knowledge gained
• We may showcase your project in our portfolio unless otherwise agreed in writing

Pre-Existing Materials

Any pre-existing code, templates, or materials we incorporate remain our property or that of third-party licensors.

Warranties and Disclaimers

We warrant that:

• Services will be performed with reasonable care and skill
• Work will be completed in accordance with the agreed-upon specifications
• We have the right to provide the services offered

EXCEPT AS EXPRESSLY STATED ABOVE, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• We are not liable for any indirect, incidental, special, or consequential damages
• Our total liability shall not exceed the amount paid by you for the specific service giving rise to the claim
• We are not responsible for losses resulting from factors beyond our reasonable control

Third-Party Services and Links

Our services may integrate with or link to third-party services (hosting providers, payment processors, APIs, etc.). We are not responsible for the availability, accuracy, or content of these third-party services. Your use of third-party services is subject to their own terms and conditions.

Confidentiality

We will maintain the confidentiality of any proprietary or sensitive information you share with us during the course of our engagement. This obligation survives the termination of our services.

Termination

By Client

You may terminate services at any time with written notice. You will be responsible for payment for all work completed up to the termination date.

By NDS Digital Studio

We may terminate services if:

• You breach these terms
• You fail to provide necessary materials or feedback
• Payments are not made according to agreed terms
• Continuing the relationship is not feasible

Maintenance and Support

Post-launch support and maintenance services are available and will be outlined in separate agreements. Unless explicitly included in your project agreement, ongoing maintenance is not included in the initial project cost.

Governing Law and Dispute Resolution

These Terms of Service are governed by the laws of the State of Michigan, United States. Any disputes arising from these terms or our services shall be resolved through:

1. Good faith negotiation between the parties
2. If negotiation fails, mediation in Michigan
3. If mediation fails, binding arbitration in Michigan or litigation in Michigan courts

Changes to Terms

We reserve the right to modify these Terms of Service at any time. Changes will be effective immediately upon posting. Your continued use of our services after changes constitutes acceptance of the modified terms.

Severability

If any provision of these terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Entire Agreement

These Terms of Service, together with any project-specific agreements, constitute the entire agreement between you and NDS Digital Studio regarding our services.

Contact Information

For questions about these Terms of Service, please contact us: