Terms and Conditions

Effective date: October 1, 2026These Terms and Conditions (the “Terms”) govern access to and use of the websites, software, subscriptions, and professional services provided by NC Digital Web Design, LLC. They apply to visitors, customers, authorized users, and anyone acting for a customer.By signing an order, accepting a proposal, completing checkout, creating or using an account, or using a service that links to these Terms, you agree to these Terms and represent that you have authority to bind the applicable person or business. If you do not agree, do not purchase or use the applicable service.If you enter into a separate signed order, proposal, statement of work, data-processing agreement, or other written agreement with NC Digital, that document and these Terms apply together. If they conflict, the signed document controls for the subject it specifically addresses, followed by these Terms. 1. ServicesNC Digital provides services that may include custom website design and development, eCommerce implementation, search-engine optimization, website management and maintenance, hosting coordination, digital marketing, business software, workflow automation, and the NC Digital AI Business Assistant.The exact deliverables, schedule, assumptions, dependencies, included revisions, fees, and customer responsibilities for project-based services are described in the applicable proposal, order, or statement of work. Features or services not expressly included are outside scope and may require a separate fee and schedule.2. Eligibility and business authorityYou must be at least 18 years old and legally capable of entering a contract. If you act for a company or another person, you represent that you have authority to accept these Terms and provide instructions on its behalf.Our services are designed primarily for businesses. Nothing in these Terms limits non-waivable rights that apply to a consumer under applicable law.3. Quotes, projects, and changes in scopeQuotes and proposals are valid for the period stated in the applicable document. Project work may require a non-refundable deposit before work begins, with remaining amounts due according to the agreed milestones. Unless the applicable order says otherwise, a website or project is not launched or transferred until all amounts then due are paid.You must provide timely approvals, access, content, credentials, and feedback. Delays or incomplete information may change the schedule. Requests outside the agreed scope may require a written change order, additional fees, or an adjusted delivery date.4. Customer content and responsibilitiesYou retain ownership of content, trademarks, data, and materials you provide (“Customer Content”). You grant NC Digital a non-exclusive, worldwide license to host, copy, modify, process, transmit, and display Customer Content only as reasonably necessary to provide, secure, support, and improve the contracted services.You represent that you have the rights and permissions needed for Customer Content and our permitted use of it. You are responsible for its accuracy, legality, regulatory compliance, accessibility requirements, privacy notices, and rights clearances, including for images, logos, testimonials, products, prices, promotions, customer lists, and third-party data.You are also responsible for maintaining secure administrator credentials, promptly removing access for former personnel, and notifying us of suspected unauthorized access.5. Third-party servicesOur services may rely on third parties such as domain registrars, hosting providers, content-management systems, plugins, payment processors, email providers, analytics services, artificial-intelligence providers, and communication platforms. Third-party services are governed by their own terms and privacy practices and may change, suspend, or discontinue functionality.Unless expressly stated in a signed agreement, NC Digital does not control and is not responsible for third-party outages, policy changes, transaction failures, fraud decisions, marketplace decisions, account suspensions, or licensing charges. You are responsible for merchant accounts, taxes, shipping rules, product information, and compliance obligations associated with your own eCommerce operations.6. Website hosting and maintenanceIf you purchase recurring hosting, maintenance, or support, the included services are listed in the applicable plan or order. They may include hosting coordination, backups, monitoring, security measures, software updates, performance work, support, or limited content updates.No website or security measure is guaranteed to be uninterrupted, error-free, immune from attack, or compatible with every future third-party change. If you are not enrolled in an applicable maintenance service, you are responsible for updates, security, backups, and ongoing administration after delivery.7. NC Digital AI Business AssistantThe NC Digital AI Business Assistant, including its software, workflows, prompts, interface, installation system, documentation, and related technology, is owned by NC Digital and its licensors. Subject to payment and these Terms, NC Digital grants the subscribing customer a limited, revocable, non-exclusive, non-transferable license to use the assistant for the approved business and approved website or websites during the subscription term.The assistant may be installed only on domains approved by NC Digital. You may not copy it to an unapproved website; share installation credentials; reverse engineer, scrape, extract, reproduce, modify, resell, sublicense, or distribute the assistant; bypass usage, billing, security, or domain controls; or use it to develop a competing product.8. Approved information and AI limitationsThe assistant is intended to provide general customer-service information using business information approved by you. You are responsible for reviewing and keeping that information accurate. You must not instruct the assistant to make deceptive claims, impersonate a person, violate law, infringe rights, or provide unsafe or unauthorized professional advice.Artificial-intelligence output may be incomplete, outdated, or incorrect. The assistant does not guarantee pricing, availability, emergency response, appointments, outcomes, legal advice, medical advice, financial advice, or other regulated professional advice unless a specific capability has been separately configured and approved in writing. Important decisions and high-risk information must be reviewed by a qualified human.The assistant may capture customer inquiries and service requests, but submission does not by itself create a confirmed appointment or guarantee that the business will respond or provide service.9. AI subscription plans and usage allowancesThe plan selected at checkout applies to one approved website unless the order expressly states otherwise. The checkout page identifies the monthly subscription price and any one-time setup fee before payment.Unless a different allowance is stated in the order, each monthly billing period includes up to:– 500 customer conversations; and – 2,500 AI-generated responses.The customer portal displays measured usage and remaining allowances. We may provide a warning when either allowance reaches approximately 80%. Additional AI usage pauses when either limit is reached. There are no automatic overage charges. You may contact NC Digital to discuss additional capacity. Unused allowance does not roll over to a later billing period unless we agree otherwise in writing.10. Automatic monthly renewal**THE AI BUSINESS ASSISTANT SUBSCRIPTION AUTOMATICALLY RENEWS EACH MONTH UNTIL YOU CANCEL IT. THE PAYMENT METHOD ON FILE WILL BE CHARGED THE MONTHLY PRICE SHOWN AT CHECKOUT ON EACH RENEWAL DATE, PLUS APPLICABLE TAXES, UNLESS YOU CANCEL BEFORE THAT RENEWAL DATE.**The checkout page and customer portal display the current price and renewal date. If we propose a material change to the recurring price or renewal terms, we will provide notice and obtain any consent required by applicable law before applying that change.11. How to cancel renewalYou may cancel future renewal through the **Manage billing or cancel renewal** button in the customer portal. You may also contact us at info@ncdigitalwebdesign.com if you cannot access the portal.Cancellation stops the next recurring charge and takes effect at the end of the current paid billing period. Subject to payment status, usage limits, and these Terms, service remains available through that date. Cancellation does not create a prorated or partial-period refund. The portal will show the date through which access remains available.12. Setup feeThe setup fee covers configuration, training, installation, integration, and related onboarding work. You may request review of the setup fee only before NC Digital begins setup work. Once setup work begins, the setup fee is non-refundable, except where applicable law requires otherwise.13. First-month refund-review requestsYou may submit a request for review of the first monthly subscription payment within seven calendar days after that payment. You can submit the request in the customer portal under **First-month refund review**.A request is reviewed individually and does not guarantee a refund. No refund is issued automatically. The request window closes after seven days, but you may continue to contact us for billing help. Setup-fee eligibility is governed separately by Section 12.Except for an approved refund, an express written commitment, or a refund required by law, subscription payments are non-refundable and no partial-period credits are provided.14. Payment authorization, taxes, and invoicesYou authorize our payment processor to charge the payment method you provide for setup fees, recurring fees, applicable taxes, and other amounts you expressly approve. You must keep billing and contact information current.Prices do not include taxes unless checkout states otherwise. You are responsible for applicable sales, use, excise, value-added, or similar taxes, excluding taxes based on NC Digital’s net income. We may collect taxes when required. Tax treatment must be configured based on the jurisdictions and customer types involved.Invoices and payment records are available through the billing portal or payment processor. Contact us promptly if you believe a charge is incorrect. Nothing in these Terms limits lawful charge-dispute rights.15. Failed payments and seven-day grace periodIf a recurring payment fails, we may notify you and continue attempting payment through our processor. The AI subscription may remain eligible for service during a seven-day grace period beginning with the first recorded payment-failure event. You should update the payment method or resolve the failed payment during that period.If payment remains unresolved after the grace period, we may suspend the assistant, installation access, chat, lead capture, scheduled reports, support, or other subscription functionality. Successful payment may restore an eligible suspended subscription. Payment recovery does not automatically publish an assistant that has not completed launch approval.16. Configuration retention after suspension or cancellationWe intend to retain a suspended assistant’s configuration for at least 30 days to permit payment recovery and restoration. After that period, the configuration is flagged for owner review rather than automatically deleted. Retention beyond that period is not guaranteed unless required by law or agreed in writing.We may delete or anonymize configuration and account data after the applicable retention period, subject to our Privacy Policy, legal obligations, backup cycles, fraud prevention, dispute preservation, and signed agreements. You should export information you are entitled to retain before access ends.17. Acceptable useYou may not use any service to:– violate law, regulation, court order, or another person’s rights; – transmit malware, spam, unlawful tracking, or deceptive content; – collect sensitive information without an appropriate lawful basis and security controls; – discriminate unlawfully or make automated high-impact decisions without required review; – interfere with, probe, overload, or bypass security or usage controls; – generate or distribute content that is fraudulent, defamatory, infringing, threatening, or dangerous; or – represent AI output as guaranteed professional advice or verified fact when it has not been reviewed.We may investigate suspected misuse and restrict or suspend affected functionality when reasonably necessary to protect customers, visitors, systems, or third parties.18. Privacy and visitor dataOur collection and use of personal information are described in our Privacy Policy and, where applicable, the AI Usage Policy and a signed data-processing agreement. Customers are responsible for providing legally required notices and obtaining legally required consent on their websites, including for cookies, chat, analytics, marketing, and lead collection.Do not submit highly sensitive personal information through the assistant unless NC Digital has expressly agreed in writing to support that data and appropriate safeguards are in place.19. Intellectual propertyNC Digital and its licensors retain all rights in pre-existing materials, software, templates, methods, tools, prompts, workflows, documentation, know-how, and improvements. No ownership transfers except as expressly stated in a signed agreement.After full payment, project-specific deliverables are licensed or transferred only as described in the applicable order. Third-party themes, plugins, fonts, stock media, software, and services remain subject to their own licenses. Portfolio use, credit, source-file delivery, and transfer assistance are governed by the applicable order.Feedback may be used without restriction or compensation, provided it does not identify confidential Customer Content without permission.20. ConfidentialityEach party may receive non-public business, technical, security, or commercial information from the other. The receiving party will use reasonable care to protect it and will use it only to perform or receive the services. This obligation does not cover information that is public through no breach, independently developed, lawfully received without restriction, or required to be disclosed by law after legally permitted notice.21. Service availability and changesWe aim to provide reliable service but do not promise uninterrupted or error-free availability. Maintenance, security events, third-party outages, Internet conditions, software changes, force majeure events, or other circumstances may cause interruptions.We may make reasonable changes needed to maintain security, comply with law, prevent abuse, or improve functionality. We will provide reasonable notice when a change materially reduces paid functionality, where practicable and legally required.22. Suspension and terminationWe may suspend or terminate services for material breach, unlawful or unsafe use, security risk, nonpayment, infringement, fraud, or conduct that threatens the service or others. When reasonable, we will provide notice and an opportunity to cure. Immediate action may be taken when necessary to address an urgent legal, safety, fraud, or security risk.You may stop using non-subscription services at any time, subject to amounts already owed and any signed agreement. Subscription cancellation is governed by Section 11. Termination does not eliminate accrued payment obligations.Sections that by their nature should survive—including payment obligations, intellectual property, confidentiality, disclaimers, liability limits, dispute provisions, and data-retention provisions—survive termination.23. DisclaimersTO THE MAXIMUM EXTENT PERMITTED BY LAW, SERVICES AND DELIVERABLES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NC DIGITAL DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE SEARCH RANKINGS, TRAFFIC, SALES, LEADS, CONVERSION RATES, AI ACCURACY, SECURITY AGAINST EVERY THREAT, OR UNINTERRUPTED AVAILABILITY.Some jurisdictions do not allow certain warranty exclusions, so some exclusions may not apply to you.24. Limitation of liabilityTO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, ARISING FROM THE SERVICES OR THESE TERMS, EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE.TO THE MAXIMUM EXTENT PERMITTED BY LAW, NC DIGITAL’S TOTAL LIABILITY ARISING FROM THE EVENT GIVING RISE TO A CLAIM WILL NOT EXCEED THE AMOUNTS YOU PAID TO NC DIGITAL FOR THE AFFECTED SERVICE DURING THE 12 MONTHS BEFORE THAT EVENT.These limitations do not apply where prohibited by law and do not limit liability that cannot legally be limited.25. IndemnificationTo the extent permitted by law, you will defend and indemnify NC Digital and its personnel from third-party claims arising from Customer Content, your website or products, your unlawful or unauthorized use of the services, your breach of Section 4 or Section 17, or your violation of another person’s rights. NC Digital will provide reasonable notice and cooperation, and you may not settle a claim in a way that admits fault or imposes obligations on NC Digital without our written consent.26. Governing law and disputesThese Terms are governed by the laws of the State of North Carolina, without regard to conflict-of-law principles. Subject to any non-waivable rights or a different signed agreement, the state and federal courts located in North Carolina will have jurisdiction over disputes arising from these Terms.Before filing a claim, each party should send written notice describing the dispute and allow at least 30 days for good-faith informal resolution. This requirement does not prevent either party from seeking urgent injunctive relief or using lawful small-claims procedures.No arbitration or class-action waiver is included in these Terms.27. Electronic communications and recordsYou consent to receive service, account, billing, renewal, and legal communications electronically at the contact information you provide, subject to applicable law. You are responsible for keeping that information current. Electronic acceptance, records, and signatures may be used to form and document agreements.You should retain copies of checkout disclosures, orders, invoices, and these Terms. Contact us if you require an accessible alternative format.28. Changes to these TermsWe may update these Terms to reflect legal, security, operational, or service changes. The updated version will state its effective date. We will provide notice of material changes where required. Changes will not retroactively alter a signed order or increase an existing recurring price without any notice or consent required by applicable law.Continued use after an update takes effect constitutes acceptance only to the extent permitted by law. If you do not agree to a material change, you may stop using the service and cancel future renewal before the next charge.29. General provisionsNeither party may assign these Terms without the other party’s consent, except that NC Digital may assign them in connection with a merger, reorganization, sale of substantially all relevant assets, or transfer to an affiliate, provided the assignee assumes the applicable obligations.Neither party is liable for delay caused by events beyond reasonable control, except for payment obligations already due. Failure to enforce a provision is not a waiver. If a provision is unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions remain effective. Headings are for convenience only. These Terms and incorporated agreements constitute the entire agreement regarding their subject matter and supersede prior discussions on that subject.30. ContactNC Digital Web Design, LLC Email: info@ncdigitalwebdesign.com Website: https://ncdigitalwebdesign.comFor subscription cancellation, use the **Manage billing or cancel renewal** button in the customer portal. If you cannot access the portal, email us at the address above before your renewal date.