Noctune Digital Marketing Studio
Website Design & Digital Marketing Terms of Service
Effective Date: July 5, 2026
These Terms of Service (“Terms”) govern the relationship between Noctune Digital Marketing Studio (“Company,” “we,” “our,” or “us”) and any individual or business (“Client,” “you,” or “your”) who purchases or uses our services.
By requesting services, submitting payment, checking the “I Agree” box during checkout, signing a proposal, or otherwise engaging Noctune Digital Marketing Studio, you acknowledge that you have read, understood, and agree to be legally bound by these Terms.
These Terms apply to all services offered by Noctune Digital Marketing Studio unless superseded by a separate written agreement signed by both parties.
1. Services
Noctune Digital Marketing Studio provides professional creative and digital marketing services, including but not limited to:
- Website Design
- Website Redesign
- Website Updates
- Website Maintenance
- Website Audits
- Search Engine Optimization (SEO)
- Digital Marketing Consulting
- Social Media Management
- Branding
- Graphic Design
- Content Creation
- Email Marketing
- Landing Pages
- Website Hosting Assistance
- Domain Configuration
- Website Troubleshooting
- Training and Consulting
The specific services included in each project will be described in the applicable proposal, invoice, estimate, package description, or written agreement.
2. Acceptance of These Terms
By paying an invoice, purchasing a service, submitting a deposit, signing a proposal, checking an online acceptance box, or continuing to work with Noctune Digital Marketing Studio after receiving these Terms, you agree to be bound by them in their entirety.
Electronic acceptance shall have the same legal effect as a handwritten signature.
3. Project Scheduling
Projects are scheduled on a first-paid, first-served basis.
Your project is not considered reserved until the required deposit has been received.
Estimated start dates and completion dates are estimates only and may change based on project complexity, client responsiveness, holidays, emergencies, or unforeseen circumstances.
Noctune Digital Marketing Studio will make reasonable efforts to meet estimated timelines but does not guarantee completion by any specific date unless expressly agreed to in writing.
4. Payment Terms
A non-refundable deposit of $600 is required before any project work begins. The deposit reserves production time, covers project planning, administrative work, and scheduling, and is therefore non-refundable.
After the initial deposit, the remaining project balance will be billed in monthly installments of $600 until the project balance has been paid in full.
Clients may make larger payments or pay the remaining balance in full at any time without penalty. Additional payments will reduce the outstanding balance and may shorten the overall payment period.
Monthly payments are based on the agreed payment plan and are not contingent upon project milestones, design approvals, client participation, content delivery, or website launch. Delays caused by the Client do not alter or postpone scheduled payments.
Invoices are due upon receipt unless otherwise stated in writing.
Failure to make scheduled monthly payments may result in the suspension of project work, restricted access to staging environments, delayed website launch, or termination of the project.
Accounts that remain unpaid for more than thirty (30) days may be assessed a finance charge of 1.5% per month (18% annually), or the maximum amount permitted by applicable law.
The Client is responsible for any reasonable collection costs, court costs, and attorney’s fees incurred by Noctune Digital Marketing Studio in collecting overdue balances where permitted by law.
5. Ownership of Work
All designs, layouts, source files, code, graphics, templates, mockups, documents, creative concepts, and other project materials remain the exclusive property of Noctune Digital Marketing Studio until all outstanding balances have been paid in full.
Ownership of the completed website and final deliverables transfers to the Client only after full payment has been received.
Third-party software, plugins, themes, fonts, stock photography, licensed graphics, and other licensed materials remain subject to their respective license agreements and are not transferred beyond the rights granted by those licenses.
Noctune Digital Marketing Studio retains ownership of proprietary workflows, templates, internal processes, design systems, and reusable code developed independently of the Client’s project.
6. Scope of Work
Each proposal or package includes a clearly defined scope of services.
Any request outside the agreed scope—including additional pages, new functionality, copywriting, graphic design, integrations, content entry beyond the agreed amount, or major redesigns—shall be considered additional work and billed at Noctune Digital Marketing Studio’s current hourly rate or quoted separately.
No work outside the original scope will begin until approved by the Client.
7. Revisions
Website design projects include the number of revision rounds specified in the applicable proposal or service package.
A revision consists of reasonable modifications to existing work and does not include requests that substantially change previously approved concepts, layouts, or project direction.
Additional revisions beyond those included in the selected package will be billed at the current hourly rate.
Repeated requests that significantly alter approved work may require a revised project estimate or timeline.
8. Client Responsibilities
The Client agrees to provide all requested information, branding materials, website content, images, account credentials, approvals, and feedback in a timely manner.
The Client is responsible for ensuring that all materials provided are accurate, complete, lawful, and that they possess all necessary rights or permissions to use such materials.
Delays in providing required materials or approvals may delay project completion without altering the agreed payment schedule.
The Client agrees to review submitted work promptly and provide clear, consolidated feedback whenever possible.
9. Project Timelines
Noctune Digital Marketing Studio will provide an estimated project timeline at the start of each project. All timelines are estimates only and are based on the Client providing requested content, approvals, and feedback in a timely manner.
Project completion dates may be adjusted due to changes in project scope, delayed communication, additional revision requests, technical issues beyond our control, or other unforeseen circumstances.
The Company shall not be held liable for delays resulting from the Client’s failure to provide required materials, approvals, or information.
10. Client Communication
Successful projects require timely communication from both parties.
Clients agree to respond to requests for information, approvals, revisions, or other project-related matters within a reasonable timeframe whenever possible.
If the Client anticipates being unavailable for an extended period, they should notify Noctune Digital Marketing Studio in advance so project scheduling can be adjusted accordingly.
Communication may take place through email, phone, video conference, client portal, or other mutually agreed-upon methods.
11. Delays & Inactive Projects
If the Client fails to provide requested materials, approvals, or communication necessary to continue work, the project may be placed on hold.
Projects that remain inactive for more than 30 consecutive days due to a lack of Client communication or required materials may be removed from the active production schedule.
Resuming a paused project is subject to current scheduling availability and may require revised completion dates.
Monthly payments remain due according to the agreed payment schedule, regardless of project inactivity caused by the Client.
12. Abandoned Projects
Projects that remain inactive for 60 consecutive days without meaningful communication from the Client may be deemed abandoned.
If a project is considered abandoned:
- The Company may close the project file.
- All payments previously made remain non-refundable.
- Any remaining unpaid balance for work completed becomes immediately due.
- Restarting the project may require a new proposal, updated pricing, and additional setup fees.
Noctune Digital Marketing Studio is under no obligation to retain project files indefinitely after a project has been abandoned.
13. Project Cancellation & Termination
The Client may cancel a project at any time by providing written notice.
Because project scheduling, planning, research, and creative work begin shortly after a project is accepted, all payments made—including the initial deposit—are non-refundable.
If the Client terminates a project before completion, the Client agrees to pay for all work completed through the date of termination. If the value of completed work exceeds payments already received, the remaining balance shall become immediately due.
Noctune Digital Marketing Studio reserves the right to terminate any project immediately if the Client:
- Fails to make required payments.
- Becomes abusive, threatening, or harassing.
- Requests illegal, unethical, or fraudulent work.
- Repeatedly refuses to provide required information.
- Prevents reasonable progress on the project.
- Materially breaches these Terms of Service.
Upon termination, the Company shall have no further obligation to continue providing services until all outstanding balances have been paid.
14. Refund Policy
Due to the custom nature of website design and digital marketing services, all payments are non-refundable unless otherwise required by applicable law.
No refunds will be issued for:
- Deposits
- Time already worked
- Completed designs
- Development work
- Consulting services
- Strategy sessions
- Digital deliverables
- Monthly retainers already earned
Client dissatisfaction does not entitle the Client to a refund when services have been performed in accordance with the agreed scope of work.
15. Domains, Hosting & Third-Party Services
Unless otherwise agreed in writing, the Client is responsible for purchasing and maintaining their domain name, website hosting, business email, premium plugins, software subscriptions, stock photography, and other third-party services.
Noctune Digital Marketing Studio may recommend or assist with third-party providers but is not responsible for their pricing, uptime, policies, security, software updates, service interruptions, or business practices.
The Company shall not be liable for damages arising from failures or interruptions caused by third-party providers.
16. Website Maintenance
Website maintenance is not included with website design projects unless specifically stated in the Client’s proposal or purchased separately.
Maintenance services may include software updates, security monitoring, backups, content updates, troubleshooting, and technical support as outlined in the applicable maintenance agreement.
Requests outside the scope of an active maintenance plan may be billed separately.
17. Search Engine Optimization (SEO)
While Noctune Digital Marketing Studio follows recognized best practices when providing SEO services, no guarantee is made regarding specific search engine rankings, traffic levels, leads, or sales.
Search engine algorithms are controlled by third parties and may change at any time without notice.
The Company is not responsible for fluctuations in rankings resulting from algorithm updates, competitor activity, technical limitations, website age, domain authority, or other factors beyond our control.
18. Digital Marketing Disclaimer
Digital marketing services—including social media management, email marketing, advertising, and content marketing—are designed to improve online visibility and support business growth.
However, Noctune Digital Marketing Studio does not guarantee any specific increase in revenue, sales, leads, engagement, followers, advertising performance, or return on investment.
Marketing results depend on numerous factors outside the Company’s control, including industry competition, consumer behavior, advertising budgets, product quality, pricing, seasonality, and market conditions.
19. Website Compatibility & Accessibility
Noctune Digital Marketing Studio strives to build websites that function properly across modern web browsers and devices available at the time of development.
The Company cannot guarantee compatibility with outdated browsers, unsupported software, future operating system updates, or third-party integrations that change after project completion.
If accessibility improvements are requested, they will be implemented to the extent agreed upon in the project scope. Unless expressly stated in writing, the Company does not guarantee that a website will meet every applicable accessibility standard or legal requirement.
20. Website Warranty
Noctune Digital Marketing Studio provides a 30-day limited warranty on newly completed websites covering defects directly related to the original design or development work.
This warranty does not cover:
- Client-made changes
- Third-party plugin conflicts
- Hosting issues
- Software updates released after launch
- Security breaches
- Malware infections
- Changes made by outside developers
- New feature requests
Any work outside the warranty period or outside the original project scope will be billed at the Company’s current rates.