Scope comes first
Your approved proposal, order, or plan defines the included services, deliverables, schedule, and fees.
These Terms & Conditions explain the rules that apply when you use nishstudios.com, request a strategy review, approve a proposal, purchase a service, subscribe to Website Care, or access the Client Portal.
Your approved proposal, order, or plan defines the included services, deliverables, schedule, and fees.
Recurring Website Care plans renew monthly at the disclosed price until you cancel.
You may cancel an eligible subscription through the Client Portal or by contacting Nishstudios.
These Terms & Conditions ("Terms") are a binding agreement between Nishstudios ("Nishstudios," "we," "us," or "our") and the person or organization using our website or purchasing our services ("you" or "Client"). By using nishstudios.com, checking the Terms box at checkout, creating an account, approving a proposal, paying an invoice, or using a service, you agree to these Terms.
You must be at least 18 years old and legally able to enter into a contract. If you act for a company or other organization, you represent that you have authority to bind that organization.
Nishstudios may provide website strategy, design, development, website care, maintenance, search engine optimization, audits, analytics, content support, consulting, hosting coordination, and related digital services. The services included in a particular engagement are limited to those described in the applicable proposal, order, plan description, invoice, or written confirmation.
Quotes and proposals are valid for the period stated in the document. If no period is stated, they expire 30 days after issue. Work begins only after required approvals, deposits or payments, account access, content, and onboarding information have been received.
Calculator results, audit previews, strategy discussions, and estimated opportunities are planning tools—not binding proposals or promises of results. Final scope, pricing, and commitments must be confirmed in writing.
You agree to cooperate in good faith and provide accurate, lawful, and timely information needed to perform the services. Your responsibilities may include:
Delays, incomplete information, unavailable access, or late approvals may extend schedules and affect performance. Nishstudios is not responsible for delays caused by the Client or third parties outside our reasonable control.
Prices are stated in U.S. dollars unless otherwise shown. You agree to pay the fees, deposits, taxes, expenses, and recurring charges disclosed in your order, checkout, proposal, or invoice. Payments may be processed by Stripe or another identified payment provider.
If a payment fails, you authorize reasonable retry attempts and agree to update your payment method promptly. Any collection costs permitted by law may be added to seriously delinquent balances.
Website Care plans are recurring monthly subscriptions unless checkout or a written agreement clearly states a different billing period. By purchasing a subscription, you expressly authorize Nishstudios to automatically charge the disclosed recurring price, plus applicable taxes, to your selected payment method at the start of each billing period until you cancel.
The checkout identifies the plan, price, billing frequency, included services, and automatic-renewal nature of the subscription. You must affirmatively accept these Terms before completing the purchase.
Your subscription renews automatically each month until canceled. If the recurring price or a material subscription term changes, Nishstudios will provide any advance notice required by applicable law. Unless you cancel before the next renewal date, the updated subscription may renew under the disclosed new terms after the notice period.
You may cancel through the subscription controls available in the Client Portal at nishstudios.com/my-account/ or by emailing info@nishstudios.com. We may verify your identity or account authority before processing an emailed request.
Subscription cancellation is governed by these Terms and our Cancellation Policy. Project cancellation may also be governed by the applicable proposal or statement of work.
After termination, Client access may end and Nishstudios may delete working files or account data according to our retention practices. You should export any information you are entitled to retain before service ends.
Refund eligibility is governed by the Refund Policy displayed on our website and any more specific written agreement. Unless required by law or expressly stated otherwise, fees for completed work, used service periods, non-recoverable third-party costs, approved deliverables, and time already reserved or performed are not refundable.
If you believe a charge is incorrect, contact info@nishstudios.com promptly so we can investigate. Nothing in these Terms limits a legal right to dispute an unauthorized or incorrect charge. Knowingly submitting a false or abusive chargeback may result in suspension or termination and recovery of amounts lawfully owed.
Schedules are good-faith estimates unless a written agreement expressly guarantees a deadline. Timelines may change because of Client delays, revision volume, scope changes, platform issues, emergencies, third-party availability, or events outside reasonable control.
You retain ownership of content, trademarks, images, data, and materials you provide. You grant Nishstudios a limited license to use, reproduce, modify, host, and display those materials as needed to perform the services. You represent that you have the necessary rights and permissions to provide them.
After full payment, you receive the ownership or usage rights to final custom deliverables stated in the applicable proposal. Unless specifically transferred in writing, Nishstudios retains ownership of pre-existing materials, internal tools, reusable code, methods, frameworks, templates, know-how, drafts, unused concepts, and general design or development components.
Unless confidentiality or a written agreement says otherwise, Nishstudios may identify the Client and display public-facing completed work in our portfolio, case studies, proposals, or marketing. You may request reasonable confidentiality before public use.
Projects may depend on WordPress, WooCommerce, Elementor, Stripe, hosting companies, domain registrars, analytics providers, email platforms, plugins, APIs, search engines, social platforms, or other third-party services. Their separate terms, privacy policies, pricing, availability, and technical decisions apply.
Unless expressly included, you are responsible for third-party licenses, subscriptions, hosting, domains, transaction fees, and account ownership. Nishstudios is not responsible for third-party outages, policy changes, security incidents, discontinued features, ranking-system changes, or actions outside our reasonable control.
Search rankings, traffic, leads, revenue, conversion rates, advertising results, and platform visibility depend on many factors outside Nishstudios' control, including competition, market demand, Client operations, budgets, website history, algorithm changes, platform policies, and user behavior.
You may not use our website, Client Portal, services, or deliverables to violate law, infringe rights, distribute malware, gain unauthorized access, interfere with systems, send unlawful spam, mislead users, promote prohibited goods or services, or engage in fraud, harassment, exploitation, or abusive conduct.
You may not copy, scrape, reverse engineer, resell, or exploit our website, tools, calculator logic, protected content, or non-transferred materials except as permitted in writing or by applicable law.
Each party agrees to use reasonable care to protect non-public business, technical, credential, pricing, and project information received from the other and to use it only for the engagement. This obligation does not apply to information that is public without breach, independently developed, lawfully received from another source, or required to be disclosed by law.
You are responsible for safeguarding passwords, access tokens, and Client Portal credentials and for limiting account access to authorized users. Notify Nishstudios promptly of suspected unauthorized access.
We will perform paid services with reasonable professional care consistent with the applicable scope. Except for express written commitments and to the maximum extent permitted by law, the website, calculator, Client Portal, information, and services are provided "as is" and "as available."
Nishstudios disclaims implied warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted availability, and error-free operation to the extent legally permitted. Nothing in these Terms excludes a warranty or right that cannot lawfully be excluded.
To the maximum extent permitted by law, Nishstudios will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages; lost profits, revenue, opportunities, goodwill, or data; or losses caused by third-party services, Client acts or omissions, unauthorized access, platform changes, or events outside reasonable control.
To the maximum extent permitted by law, Nishstudios' aggregate liability arising from a particular claim will not exceed the fees actually paid to Nishstudios for the specific service giving rise to the claim during the six months before the event. This limitation does not apply where liability cannot legally be limited.
You agree to defend, indemnify, and hold Nishstudios harmless from third-party claims, damages, or reasonable costs arising from materials you provide, your unlawful conduct, your products or business claims, your infringement of third-party rights, or your material breach of these Terms, except to the extent caused by Nishstudios' own unlawful conduct.
Before filing a formal claim, the parties agree to make a good-faith effort to resolve the issue by written notice and direct discussion for at least 30 days, unless immediate action is reasonably necessary to protect rights, security, or prevent serious harm.
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. Any court proceeding must be brought in a court of competent jurisdiction in California, unless applicable law requires otherwise.
If any provision is found unenforceable, it will be limited or removed only to the minimum extent necessary, and the remaining provisions will continue in effect. Failure to enforce a provision is not a waiver. You may not assign an agreement with Nishstudios without written consent; Nishstudios may assign it as part of a reorganization, sale, or transfer of the business.
We may update these Terms to reflect changes in services, technology, law, or business practices. The "Last updated" date shows the most recent revision. Material changes affecting an active paid subscription will receive any notice required by law. Continued use after updated Terms become effective constitutes acceptance where permitted by law.
Questions about these Terms, an order, or a subscription should be sent to the contact below. Include the email address connected to your account and relevant order information, but never send passwords or complete payment card numbers.