Last Updated: March 26, 2026

These Terms of Service (“Terms”) govern your use of the website https://newdesignco.agency (the “Site”) and the services provided by New Design Co. Agency (“we,” “us,” or “our”). By accessing our Site or engaging our services, you agree to be bound by these Terms.

1. Services

New Design Co. provides website design and development, branding, digital marketing, SEO, photography, videography, and related creative services. The specific scope of any engagement is defined in the proposal and/or contract agreed upon between New Design Co. and the Client prior to commencement of work.

2. Proposals and Agreements

All proposals are valid for 30 days from the date of issue unless otherwise stated. A signed contract and receipt of the deposit payment constitute acceptance of the proposal and authorization to begin work. Proposals are estimates based on the information available at the time of issue. Scope changes after project commencement may result in revised pricing.

3. Payment Terms

• • Project Work: A 25% deposit is required before work begins. The remaining 75% is due upon final delivery and client approval.

• • Monthly Services: Hosting, maintenance, and SEO subscriptions are billed on the 1st of each month via Stripe. Services begin on the date of first payment.

• • Invoices: All invoices are due within 7 days of issue.

• • Late Payments: A 10% late fee will be applied to any invoice that remains unpaid after 30 days. New Design Co. reserves the right to pause active work until overdue invoices are settled.

• • Payment Method: Payment is accepted via e-transfer to [email protected]. Monthly subscriptions are processed via Stripe.

4. Client Responsibilities

The Client agrees to:

• • Provide all required content, copy, images, brand assets, and approvals in a timely manner. Delays in providing materials may affect project timelines.

• • Respond to feedback requests and questions within 48 hours where possible. Delayed responses may result in timeline adjustments.

• • Ensure that all content and materials provided to New Design Co. are owned by the Client or that the Client has the legal right to use them.

• • Review and approve deliverables through the Client Portal at crm.newdesignco.agency.

5. Revisions and Scope Changes

New Design Co. works collaboratively with clients throughout the design and development process. Revisions are part of the workflow and are handled on a project-by-project basis as outlined in the project agreement. Requests that fall outside the agreed scope — including new pages, additional features, or significant content changes after development has begun — will be quoted separately or billed at the current hourly rate.

6. Intellectual Property

• • Client Content: All intellectual property provided by the Client — including logos, trademarks, written content, and existing brand assets — remains the sole property of the Client.

• • Deliverables: Upon receipt of full and final payment, ownership of the final website design and development deliverables transfers to the Client.

• • Photography and Videography: Content produced by New Design Co. on assignment is licensed to the Client for use on their website and approved marketing channels. This license does not constitute a full copyright transfer. Outright copyright transfer is a separate agreement and must be negotiated and documented in writing before the shoot takes place.

• • Portfolio Rights: New Design Co. reserves the right to display completed work in its portfolio, case studies, and marketing materials unless the Client requests otherwise in writing prior to project completion.

• • Third-Party Assets: Stock photography, fonts, plugins, and other licensed third-party assets used in a project remain subject to their respective license terms. New Design Co. will advise the Client of any ongoing licensing costs.

7. Hosting and Maintenance

Where New Design Co. provides managed hosting and maintenance services:

• • Services are billed monthly at the rate specified in the active agreement. The standard rate is $150/month and includes managed WordPress hosting on Canadian servers, daily backups, plugin and theme updates, security monitoring, and performance optimization.

• • Either party may cancel hosting services with 30 days written notice. No long-term contract is required.

• • Upon cancellation, New Design Co. will provide the Client with a full site export and database backup within 7 business days.

• • New Design Co. maintains backups as part of the hosting plan but does not guarantee against data loss in all circumstances. Clients are encouraged to maintain their own backups of critical content.

8. SEO and Digital Marketing Services

New Design Co. provides SEO and AI-powered content services with the goal of improving search visibility over time. The Client acknowledges that:

• • SEO results are not guaranteed. Search engine rankings are influenced by many factors outside of New Design Co.’s control, including algorithm changes, competition, and domain history.

• • Meaningful results typically develop over 3–6 months of consistent activity.

• • All AI-generated content is reviewed by New Design Co. before publication and is provided to the Client for final approval.

• • SEO subscriptions may be cancelled with 30 days written notice. No long-term contract is required.

9. Cancellation and Termination

• • By the Client: The Client may cancel a project at any time by providing written notice. All work completed to the date of cancellation will be invoiced at the applicable rate. The deposit is non-refundable once work has commenced.

• • By New Design Co.: New Design Co. reserves the right to terminate an agreement if the Client fails to make payment, acts in a manner inconsistent with these Terms, or if the project becomes untenable for reasons outside of New Design Co.’s control. In such cases, the Client will be invoiced for all completed work.

• • Monthly Services: Either party may cancel hosting, maintenance, or SEO subscriptions with 30 days written notice.

10. Confidentiality

Both parties agree to keep the terms of any project agreement and any confidential information shared in the course of the engagement strictly confidential, unless disclosure is required by law. This obligation survives the termination of any agreement between the parties.

11. Disclaimer of Warranties

New Design Co. warrants to complete services to the standard specified in the applicable project agreement. However, we do not represent or warrant that our services will generate specific sales, leads, rankings, traffic, brand recognition, or other measurable business outcomes. The Site and all information on it are provided “as is” without warranty of any kind.

12. Limitation of Liability

To the fullest extent permitted by law, New Design Co. shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including lost profits or data — arising from your use of our services or Site, even if we have been advised of the possibility of such damages. Our total liability for any claim arising from our services shall not exceed the total fees paid by the Client for the specific service giving rise to the claim.

13. Third-Party Links and Services

Our Site may contain links to third-party websites or reference third-party tools and services (such as Stripe, Google, Cloudflare, or IONOS). These links are provided for convenience only. New Design Co. has no control over the content or practices of third-party sites and assumes no responsibility for them.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of British Columbia, Canada. Any disputes arising from these Terms or our services will be subject to the exclusive jurisdiction of the courts of British Columbia.

15. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the revised Terms on this page and updating the “Last Updated” date. Continued use of our Site or services after changes are posted constitutes your acceptance of the revised Terms.

16. Contact Us

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

New Design Co. Agency
Email: [email protected]
Phone: 306-850-8040
Website Contact Form: newdesignco.agency