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nishDesigns

TERMS OF SERVICE

Last updated: July 14, 2026

These terms apply to any project booked with nishDesigns, across all service tiers: One Day, One Month, and One Call. By paying your invoice or deposit, you agree to the terms below.

Sections are marked as either applying to all tiers, or containing tier-specific terms where noted.

1. Services & Tiers

  • One Day: Strategy and visual design for up to 4 pages, delivered in a single working session, with a same-day static deploy where applicable.
  • One Month: Design plus a full Webflow build. Scope, page count, and specific deliverables are defined during discovery and outlined in your project agreement.
  • One Call: Full end-to-end engagement — design, build, copy direction, and brand polish. Scope, timeline, and deliverables are defined in a separate project agreement/SOW specific to your project, which these terms supplement.

2. Scope

One Day

  • A working session to design a mockup of the agreed page/scope, up to 4 pages
  • One consolidated round of revisions, delivered once more than half the build is complete
  • A same-day static deploy, where applicable

Does not include: CMS setup, backend functionality, e-commerce, builds beyond 4 pages, copywriting from scratch, or ongoing hosting/maintenance.

Requests to expand scope mid-session (additional pages, new features, or work beyond what was agreed at booking) are noted but not guaranteed same-day. They'll be completed only if time genuinely allows; otherwise they're quoted and scheduled as a follow-up engagement.

One Month / One Call

  • Scope is defined in your project agreement, agreed upon before work begins.
  • Any work requested beyond that agreed scope is treated as a change order — it will be quoted separately and may adjust the project timeline before work on it begins.

3. Payment

One Day

  • Full payment is due upfront to reserve your session date.
  • Your date is not confirmed until payment is received.

One Month / One Call

  • A 50% deposit is due to begin work and reserve your project slot.
  • The remaining 50% is due upon delivery/final approval, before final files and handoff are released.

All tiers

  • Payment is made via an invoice link.
  • Initiating a chargeback or payment dispute after work has been delivered, without first raising the issue directly with nishDesigns, is treated as a breach of these terms. nishDesigns will contest disputed charges using documentation of delivered work, session/project records, and this agreement.

4. Content & Assets Deadline

One Day

  • All necessary content — copy, images, logos, brand assets — is due at least 48 hours before your scheduled session.
  • If content isn't received by that deadline: nishDesigns will reach out once to check in and offer to reschedule. If you'd rather proceed, the session uses placeholder content and stock imagery in its place; swapping in real content afterward is treated as a revision under Section 5.

One Month / One Call

  • Content deadlines are set per the timeline in your project agreement. Late content may extend the overall project timeline accordingly — nishDesigns is not responsible for delays caused by outstanding content.

5. Revisions

One Day

  • One consolidated round of revisions is included, covering the entire site build, not per-page, delivered once more than half the work is complete.
  • A "round" means a consolidated batch of feedback delivered at that checkpoint, not unlimited back-and-forth edits throughout the day.
  • The site is deployed and delivered as final by the end of the session. After that, you have a 48-hour window to flag only minor fixes — copy tweaks, or elements that are clearly broken/not displaying correctly and weren't caught during the live session. This window does not reopen design decisions made during the session.
  • Anything beyond minor fixes — new revisions, layout changes, or requests raised after the 48-hour window closes — is treated as a new, separately quoted engagement.

One Month / One Call

  • Revisions are unlimited within the agreed scope of the project — feedback and iteration continue until you're satisfied with the delivered work.
  • Requests that fall outside the agreed scope (new pages, new features, direction changes beyond what was originally scoped) are treated as change orders and quoted separately, rather than as revisions.

All tiers

  • "Signed off" means explicit written confirmation (email or message) that you accept the delivered work as final, or — for One Day specifically — the close of the 48-hour post-deploy window without a minor-fix request, whichever comes first.

6. Refund Policy

All tiers

  • If any work has been started or delivered (mockup shared, code created, session held, deploy pushed, or deposit-funded work begun) — that portion is non-refundable.

One Day

  • If no work has started and cancellation happens within 1 week of the scheduled date — 50% refund only, reflecting that the date was held and other bookings were turned away.
  • If cancellation happens more than 1 week before the scheduled date — full refund, minus any payment processing fees.
  • No-shows on the scheduled session day are treated as work having started and are non-refundable.

One Month / One Call

  • If the project is cancelled before any work has started, your deposit is refunded minus payment processing fees.
  • Once work has started, the deposit becomes non-refundable, reflecting time and project slots already committed.
  • If cancellation happens mid-project after work has started, work completed to that point is invoiced and due; no refund is issued for work already delivered.

7. Rescheduling

One Day

  • One reschedule is allowed at no charge if requested more than 48 hours before your session.
  • Requests inside the 48-hour window, or day-of, are treated as a cancellation under Section 6.
  • nishDesigns reserves the right to reschedule due to illness or emergency, with the next available date offered at no penalty.

One Month / One Call

  • Timeline changes, delays, and rescheduling are handled per the terms of your project agreement. Significant client-caused delays may require the project to be re-queued behind other active bookings.

8. Ownership & Rights (applies to all tiers)

  • Working files (source design files, code) transfer to you once the engagement is complete, all included revisions have been used or waived, and payment is confirmed as received in full.
  • Until final delivery, mockups and drafts remain the property of nishDesigns and are shared for review purposes only — not for external use or publication.
  • Any unused concept directions explored but not selected remain the property of nishDesigns and may be reused in future work.
  • Stock assets (photos, icons, fonts) used in the deliverable are licensed for your use in this project only; commercial licensing beyond that is your responsibility if you continue using them elsewhere.
  • You own the code and files delivered for your specific project. Design, however, is inherently subjective and not exclusive — nishDesigns reserves the right to use similar layouts, styles, or design patterns in future client work. What's exclusive to you is the finished implementation, not the underlying design ideas.
  • nishDesigns retains the right to showcase the finished work in marketing materials, case studies, and portfolio work, including on itsnish.com and social channels, unless otherwise agreed in writing.

9. Deliverables & Format

All tiers

  • Temporary preview links (e.g. Netlify) used for review, handoff, or as a placeholder while a domain is being secured are not permanent hosting. These previews may be taken down at any time after project completion — final delivery to your own domain/hosting is what constitutes the lasting deliverable.

One Day

  • A static, deployable site of up to 4 pages (HTML/CSS/JS or Webflow-exported, depending on what's agreed) plus source files.
  • Same-day deploy, if included, is hosted on a temporary link (e.g. Netlify) for preview and handoff — ongoing hosting is not included and can be arranged separately.

One Month

  • A fully built Webflow site per the scope defined in your project agreement, handed off with site ownership transferred to your Webflow account.

One Call

  • Deliverables (design files, built site, copy direction, brand assets) are defined in your project agreement.

10. Domain & Hosting (applies to all tiers)

  • If you'd like your site live on your own domain, a domain must be purchased ahead of your go-live date — for One Day, at least 48 hours before your scheduled session (Section 4); for One Month/One Call, per the timeline in your project agreement.
  • Domain purchase is not automatically included in any tier. The domain is purchased and held under your own account — you own it outright. nishDesigns is happy to facilitate the purchase, but registration stays in your name. You're responsible for the cost of the domain and any hosting.
  • If the domain isn't secured by the relevant deadline, the site will still be built and delivered, but a live deploy under your own domain won't be possible until the domain is in place.

Optional ongoing maintenance:

  • Standard tier — nishDesigns handles communication with your domain registrar and hosting provider on your behalf (renewals, technical back-and-forth, etc.). Does not include site updates.
  • Extended tier — includes everything in the standard tier, plus minor site updates: text/image swaps, responsive layout fixes, and similar small adjustments.
  • Pricing for each tier is discussed and confirmed individually with each client. Maintenance is optional, billed separately from the project fee, and can be started, upgraded, downgraded, or cancelled at any time; cancelling doesn't affect your ownership of the domain.

11. Communication & Working Hours (applies to all tiers)

  • Standard working hours are 8am–5pm PST.
  • Live feedback (session-based for One Day, or check-ins for One Month/One Call) happens through the agreed channel — Zoom or Discord, whichever is preferred.
  • Response outside working hours (email, follow-up questions) is handled within 1–2 business days.
  • For One Day specifically: session time runs on the scheduled block regardless of how quickly or slowly you respond during the session. It is not paused or extended to compensate for slower response times, and prolonged unresponsiveness that prevents meaningful progress may result in the session being treated as held/complete under Section 6.

12. Client Warranties (applies to all tiers)

  • You warrant that you own or hold the necessary rights and licenses to any content, images, logos, copy, or other materials you provide for use in the project.
  • You agree to indemnify and hold nishDesigns harmless from any claims, damages, or costs arising from a third party's rights being infringed by materials you provided.

13. No Guarantee of Results (applies to all tiers)

nishDesigns provides design and development services built around best practices for usability, clarity, and conversion. That said, nishDesigns does not guarantee specific business outcomes — including increased traffic, sales, leads, or search engine rankings — as these depend on factors outside nishDesigns' control (market conditions, your own marketing efforts, platform algorithm changes, etc.).

14. Independent Contractor (applies to all tiers)

nishDesigns is engaged as an independent contractor, not as an employee, agent, partner, or joint venturer. Nothing in this agreement creates an employment relationship. nishDesigns retains control over the manner and means of completing the work, within the agreed timelines and scope.

15. Force Majeure (applies to all tiers)

Neither party is liable for delays or failure to perform due to circumstances beyond reasonable control — including natural disasters, internet or platform outages, power failures, or other unforeseeable events. Sessions or timelines affected by such circumstances will be adjusted at no penalty to either party once the issue has passed.

16. Limitation of Liability (applies to all tiers)

nishDesigns is not liable for indirect, incidental, or consequential damages arising from use of the delivered work, including lost revenue or business interruption. Total liability under this agreement is capped at the amount paid for the engagement.

17. Confidentiality (applies to all tiers)

Any non-public business information shared during the project (goals, materials, unreleased branding) is kept confidential and won't be shared outside the scope of completing the work.

18. Governing Law (applies to all tiers)

These terms are governed by the laws of the State of Wyoming. Any disputes will first be handled through direct good-faith discussion before further action.

19. General Provisions (applies to all tiers)

  • Amendments: nishDesigns may update these terms over time. The version in effect at the time of your booking/deposit governs that engagement.
  • Severability: if any provision of these terms is found unenforceable, the remaining provisions stay in full effect.

Questions about these terms? Reach out to hey@itsnish.com before booking.

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