Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your use of the Node Creek website (nodecreek.com) and any website creation or updates, software development, or consulting services ("Services") provided by Node Creek ("we," "our," or "us"). By accessing our website or engaging our Services, you agree to be bound by these Terms.

If you do not agree to these Terms, please do not use our website or Services.

2. Services Overview

Node Creek provides custom web application development and software consulting services for businesses. Our Services include but are not limited to:

• Custom web application development
• Software architecture and design consultation
• Integration with third-party services and APIs
• Technical advisory services
• Website development and management

Specific services will be outlined in individual project proposals or agreements.

3. Project Proposals and Agreements

All projects begin with a proposal that outlines the scope of work, timeline, deliverables, and pricing. The proposal, once accepted by the client, forms a binding agreement between Node Creek and the client.

Individual project agreements may contain terms that supersede or modify these Terms of Service. In case of conflict, the specific project agreement will take precedence.

4. Service Plans and Pricing

4.1 Pay As You Go Plans

Services provided on a month-to-month basis with no long-term commitment. You may cancel at any time with 30 days written notice to info@nodecreek.com. Monthly fees continue until the end of your notice period. No refunds will be provided for partial months.

4.2 12-Month Contract Plans

Contract Commitment: By selecting a 12-month contract plan, you agree to a binding 12-month commitment from the date of purchase. You are responsible for the full contract value regardless of whether you continue to use the services.

Available Contract Plans:

• Custom Website Design - 12-Month Contract: $179/month for 12 consecutive months
• Custom Redesign - 12-Month Contract: $139/month for 12 consecutive months
• Review Automation - 12-Month Contract: $48/month for 12 consecutive months

Post-Contract Pricing: After the 12-month contract period ends, your service automatically converts to a month-to-month plan at our standard ongoing rate ($59/month for website services, $40/month for review automation). You may cancel the month-to-month service at any time with 30 days notice.

One-Time Setup Fees: For website design and redesign services, the 50% completion payment (billed when your site launches) is separate from and in addition to your monthly contract payments.

5. Payment Terms

Pricing Structure

We provide fixed-price estimates in project proposals based on hourly billing rates and estimated time to completion. The final price is agreed upon before work begins and outlined in the project proposal.

Deposit Requirements

A deposit of 50% of the total project cost is required before work begins. The remaining 50% is due upon project completion or as outlined in the project agreement.

Payment Methods

We accept payment via bank transfer, check, most major credit cards, or other methods as agreed upon in the project proposal.

Late Payments

Invoices are due within 15 days of issuance unless otherwise specified. Late payments may be subject to a late fee of 1.5% per month (18% annually) or the maximum rate permitted by law, whichever is lower. We reserve the right to suspend work on active projects if payments become overdue.

Completion Payments for Pay-As-You-Go Plans

For pay-as-you-go website plans, payment is split: 50% of the setup fee is charged today along with the first month's subscription, and the remaining 50% is charged when your website goes live. By purchasing a pay-as-you-go plan, you authorize Node Creek to charge the remaining 50% setup fee to your saved payment method when your website goes live.

Your site can be live in as little as 24 hours with responsive feedback. The completion payment is automatically charged when we launch your site to the public.

5.1 Recurring Billing

All subscription-based services are billed monthly in advance via automatic credit card or ACH payment through our payment processor (Stripe). By subscribing, you authorize us to charge your payment method each month until you cancel.

5.2 Contract Payment Obligations (12-Month Plans)

12-Month Contract Plans: You are obligated to pay the full contract value (12 monthly payments) regardless of usage or cancellation. If you cancel before the end of your 12-month term, you remain responsible for all remaining payments through the end of the contract period.

Example: If you subscribe to a Custom Website 12-Month Contract ($179/month) and cancel after 6 months, you will be charged the remaining balance of $1074 (6 months × $179) immediately upon cancellation.

5.3 Failed Payments

Retry Period: If a monthly payment fails for any reason (insufficient funds, expired card, closed account, etc.), we will automatically retry the charge for up to 30 days.

Payment Failure Process:

• Days 1-7: Automatic retry every 3 days
• Days 8-30: Automatic retry every 7 days
• Day 30+: If payment still fails, your service will be suspended

You will receive email notifications when a payment fails and before service suspension occurs.

5.4 Service Suspension for Non-Payment

Suspension Policy: If we are unable to successfully charge your payment method after 30 days of attempts, we reserve the right to immediately suspend your services, including:

• Taking down your website (website hosting will be disabled)
• Disabling review automation campaigns
• Suspending access to any admin dashboards or services

Reinstatement: To restore service, you must:

• Pay all outstanding balances in full (including any failed monthly charges)
• Provide a valid payment method for future billing
• Pay a $50 service restoration fee

12-Month Contract Services: Service suspension does not cancel your contract obligation. You remain responsible for all remaining contract payments, which will be due immediately if your payment method cannot be charged for 30 consecutive days.

Data Retention: We will retain your website files and data for 60 days after suspension. After 60 days, we may permanently delete all data and files, and restoration may not be possible.

5.5 Cancellation and Refunds

Cancelling Month-to-Month Services

You may cancel month-to-month services at any time by providing 30 days written notice via email to info@nodecreek.com. Your service will continue until the end of your notice period, and you are responsible for payment during that time. No refunds will be provided for partial months.

Cancelling 12-Month Contract Plans

Early Termination: You may request cancellation of a 12-month contract plan at any time; however, you remain financially obligated for the full contract term.

Remaining Balance Due: Upon cancellation of a contract plan before the 12-month term is complete, the remaining balance will be charged immediately. We will attempt to charge your payment method on file. If the charge fails, the balance becomes immediately due and payable, and standard collection procedures will apply.

No Refunds: Payments already made for contract plans are non-refundable. This includes both monthly payments during the contract term and any one-time setup fees.

Example Scenarios:

• Scenario 1: You purchase Custom Website 12-Month Contract ($179/month) and cancel after 4 months. You will be immediately charged $1432 for the remaining 8 months ($179 × 8).
• Scenario 2: You purchase Review Automation 12-Month Contract ($48/month) and cancel after 10 months. You will be immediately charged $96 for the remaining 2 months ($48 × 2).

Project Cancellations (Custom Development)

All deposits and payments are non-refundable once work has begun. If you wish to cancel a project before work begins, please notify us in writing. Deposits paid for projects that are cancelled before work begins will be refunded in full.

5.6 Service Completion for Website Projects

Completion Payment (Pay As You Go Plans)

For Custom Website Design and Custom Redesign services purchased on the Pay As You Go plan, a 50% completion payment is due when your website is ready to launch. Your website will not be published to your domain until this completion payment is received.

Completion Payment (12-Month Contract Plans)

For website services purchased on a 12-month contract plan, the completion payment is billed separately from and in addition to your monthly contract payments. The completion payment must be paid before your website is published to your domain. This payment is not included in your monthly contract rate.

Example: Custom Website 12-Month Contract

• Monthly contract payment: $179/month for 12 months
• Completion payment: $675 (billed when site is ready to launch)
• Post-contract monthly rate: $59/month (after month 12)

5.7 Price Changes

Existing Contracts

We will not change the monthly rate on active 12-month contracts. Your contracted rate is locked in for the full 12-month term.

Post-Contract Rates

After your 12-month contract ends and your service converts to month-to-month, we reserve the right to change pricing with 60 days written notice.

New Customers

We reserve the right to change pricing for new customers at any time. New pricing does not affect existing contract commitments.

5.8 Collection of Past Due Amounts

You agree to pay all costs of collection for past due balances, including reasonable attorney fees and court costs, if we must take legal action to collect unpaid amounts. Past due balances may accrue interest at the rate of 1.5% per month (18% annually) or the maximum rate permitted by law, whichever is lower.

6. Ongoing and Managed Services

This section applies to ongoing services including but not limited to: website hosting, platform access (such as CRM, appointment scheduling, invoicing, communication tools, etc.), support retainers, and other recurring services. These terms supplement the general Payment Terms in Section 4.

6.1 Monthly Fees and Billing

Ongoing services are billed monthly in advance on the 1st of each month, beginning the month after service activation. You authorize Node Creek to charge your payment method on file for recurring fees unless you have made other payment arrangements in writing.

Monthly fees are outlined in your service agreement or proposal and may include:

• Platform access fees
• Hosting fees
• Support retainer fees
• Bundled services (such as domain registration and email hosting)

Fees may be adjusted with 30 days' written notice. Continued use of services after a fee change constitutes acceptance of the new fees.

6.2 Usage-Based Fees

Some services incur usage-based fees that vary based on your actual usage. These include but are not limited to:

• SMS and MMS messaging
• Voice calls (inbound and outbound)
• Phone number rentals
• Phone call recording and transcription
• Email sending beyond included limits
• Premium platform features

Usage fees are billed monthly in arrears based on actual usage during the prior billing period. Current usage rates will be provided upon request and may change as our underlying costs change. We will notify you of significant rate changes.

6.3 Minimum Commitment

Some ongoing services require a minimum commitment period as specified in your service agreement. If you terminate services before the minimum commitment period ends, you remain responsible for fees through the end of the commitment period.

After the minimum commitment period, services continue on a month-to-month basis until terminated by either party.

6.4 Suspension of Services for Non-Payment

If any invoice for ongoing services remains unpaid for more than 30 days past the due date, Node Creek may suspend services, including but not limited to:

• Taking your website offline
• Disabling access to platform features (CRM, scheduling, invoicing, messaging)
• Pausing automated workflows and campaigns

During suspension:

• Your data will be preserved for at least 30 days
• Services will be restored promptly upon payment of the outstanding balance
• You remain responsible for all fees incurred through the suspension date

Node Creek is not liable for any damages, lost business, or other consequences resulting from suspension due to non-payment.

6.5 Termination of Ongoing Services

Termination by Client

You may terminate ongoing services with 30 days' written notice. Upon termination:

• You are responsible for all fees incurred through the termination date
• No refunds will be issued for prepaid fees or partial months
• If terminating before the end of a minimum commitment period, you remain responsible for fees through the end of the commitment period

Termination by Node Creek

Node Creek may terminate ongoing services:

• With 30 days' written notice for any reason
• Immediately if any invoice remains unpaid for more than 60 days
• Immediately if you breach these Terms or your service agreement
• Immediately if continuing service would violate law or our ethical standards

Upon termination by Node Creek due to non-payment or breach, all outstanding fees become immediately due.

Termination does not affect:

• Your ownership of accounts you own (see Section 6.6)
• Licenses granted for code and deliverables (see Section 8: Intellectual Property Rights)
• Your obligation to pay outstanding fees

6.6 Account Ownership and Transition

During setup, Node Creek may create or configure accounts on your behalf with third-party services, including but not limited to:

• Domain registrars
• Email and productivity suites (e.g., Google Workspace)
• Payment processors (e.g., Stripe)
• Communication platforms
• Hosting providers

Ownership: You own these accounts. They are registered in your name or your business's name, and you are the account holder with the third-party provider.

Administration: While receiving ongoing services from Node Creek, we may maintain administrative access to these accounts to provide support and perform management. You retain the ability to access and manage these accounts directly.

Transition Assistance: Upon termination of ongoing services (for any reason), Node Creek will provide reasonable assistance to transition administration of your accounts to you or another provider. This includes:

• Providing any credentials we hold
• Removing our administrative access
• Documenting account configurations upon request that are not detectable by public-facing websites or by normal use of the relevant third party services

Transition assistance is included for accounts we administer as part of your ongoing services. Extensive migration work (such as rebuilding systems on a new platform) may require a separate project agreement.

Your Responsibility: After termination, you are responsible for managing these accounts, including paying any fees directly to the third-party providers.

6.7 Service Level and Availability

Node Creek does not guarantee any specific uptime or availability for hosted services. We use commercially reasonable efforts to maintain service availability and will communicate promptly about any known outages or website management windows.

Hosted services depend on third-party infrastructure providers. Node Creek is not liable for outages or performance issues caused by third-party providers, internet connectivity, or factors outside our reasonable control.

6.8 Changes to Services

Node Creek may modify, update, or discontinue features of ongoing services at any time. We will provide reasonable notice of material changes that significantly affect your use of the services.

If a change materially diminishes the value of services you are paying for, you may terminate the affected services without penalty by providing written notice within 30 days of the change.

8. Prohibited Industries and Activities

You may not use Node Creek's Services for activities involving (but not limited to) the following which may result in immediate cancellation of the account:

Financial and Payment Services

• Alimony, child-support, or court-ordered payments
• Check-cashing or uncollectible-check payments
• Factoring, bail bonds, or liquidation services
• Debt collection, consolidation, or reduction programs
• Credit counseling, credit repair, or identity-theft protection
• Cash advances, money orders, prepaid cards, wire transfers, or foreign-currency sales
• Transferring funds between accounts in the same name
• Card testing or authorization testing of payment instruments

High-Risk or Regulated Goods and Services

• Alcoholic-beverage sales
• Pharmaceuticals, medical equipment, or medical-marijuana products
• Marijuana, cannabis, or events promoting their use (strictly prohibited by payment networks)
• Drugs, drug paraphernalia, bath salts, or herbals
• Tobacco, e-cigarettes, or related products

Fraudulent or Deceptive Business Practices

• Counterfeit or possibly counterfeit goods
• Pyramid, Ponzi, rebate, or upsell schemes
• Distressed-property marketing or timeshare sales/resales
• Buyers clubs, discount clubs, or membership clubs
• Internet pharmacies or referral sites
• Prepaid phone cards or phone services
• "Scrip" dispensing terminals

Adult or Sexually Oriented Content and Services

• Pornography or sexually explicit materials
• Adult entertainment, nudity, or sexually suggestive events
• Escort, prostitution, or massage-parlor services
• Events that promote adult or sexual themes, coordinate sexual encounters/experiences, or encourage sexual interaction
• Material deemed obscene, explicit, or in poor taste by Node Creek

Gambling and Betting

• Casinos, off-track betting, fantasy sports, or lottery sales
• Memberships on gambling-related websites or any wagers

Violence, Hate, and Illegal Activity

• Hate, violence, racial intolerance, or financial exploitation of a crime
• Unlawful activities or items, or instructions that promote them
• Violent acts toward self or others, or materials encouraging such acts

Note: Node Creek does not classify lawful, peaceable expression of differing beliefs or ideas as "hate" or "violence," and we will not remove lawful clients merely because others find their beliefs objectionable.

Other Restricted Uses

• Doctor-assisted suicide, abortion, or any activity that ends human life
• Political violence or extremist activity
• Political campaigning (requires approval)
• Obscene or unlawful digital content, and the sale, exchange, or transmission of virtual or digital currency (except as expressly permitted in writing)
• Distressed-property or speculative-investment offerings
• Campaigns, registrations, or donation pages supporting prohibited industries or activities listed above

9. Intellectual Property Rights

Client-Owned Work Product

Upon receipt of final payment, the client owns all rights, title, and interest in the code and materials specifically created for their public-facing website or application. This includes HTML, CSS, JavaScript, images, and content created specifically for the client's project.

Node Creek-Owned Custom Code

Node Creek retains ownership of all proprietary custom code, frameworks, tools, utilities, and integration logic developed by Node Creek for creating and integrating applications. This includes but is not limited to:

• Custom build tools and automation scripts
• Proprietary frameworks and libraries
• Integration middleware and custom APIs
• Development tools and utilities

License to Client

While Node Creek retains ownership of proprietary custom code, we grant the client a perpetual, non-exclusive, non-transferable license to use such code as necessary to operate and maintain their application or website.

The client may not sublicense, sell, or otherwise provide Node Creek's proprietary code to third parties without express written permission from Node Creek. This restriction does not apply to client-owned work product as defined above.

Third-Party Components

Projects may incorporate open-source libraries, frameworks, and other third-party components. These components remain subject to their original licenses.

Pre-Existing Materials

Each party retains ownership of any materials, code, or intellectual property they owned prior to the project. Any pre-existing Node Creek code or materials incorporated into the project are licensed to the client under the same terms as proprietary custom code described above.

10. Client Responsibilities

To ensure successful project completion, clients are responsible for:

• Providing timely feedback and approvals as outlined in the project timeline
• Supplying all necessary materials, content, credentials, and access required for the project
• Making timely payments according to the agreed schedule
• Communicating clearly about project requirements and any changes
• Designating a point of contact authorized to make decisions about the project

Delays caused by client failure to fulfill these responsibilities may result in project timeline extensions and may affect pricing if additional work is required.

11. Project Timeline and Delays

We strive to complete projects within the estimated timeline provided in the project proposal. However, timelines are estimates and not guarantees unless specifically stated otherwise in a project agreement.

Timeline delays may occur due to factors including but not limited to:

• Scope changes or additional feature requests
• Delayed client feedback or approvals
• Technical challenges or third-party service issues
• Discovery of unforeseen requirements
• Carrier approval processes for SMS functionality (A2P 10DLC registration), which can take several weeks and is outside of our control

We will communicate promptly about any anticipated delays and work with clients to adjust timelines accordingly.

12. Scope Changes and Additional Work

Changes to project scope after work has begun will be evaluated and may require additional fees and timeline adjustments. We will provide written estimates for any scope changes before proceeding with the additional work.

Minor clarifications and adjustments within the original scope are included in the project price. Significant changes, new features, or additional pages beyond the original agreement constitute scope changes.

13. Warranties and Disclaimers

Service Warranty

We warrant that Services will be performed in a professional and workmanlike manner consistent with industry standards. We will correct any defects in our work reported within 30 days of project delivery at no additional charge.

Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED ABOVE, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

• The Services will be uninterrupted or error-free
• Defects will be corrected beyond the 30-day warranty period
• The Services will meet all of your business requirements or expectations
• Third-party services will continue to function as expected

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NODE CREEK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

• Your use or inability to use our Services
• Any unauthorized access to or use of our servers or any personal information stored therein
• Any interruption or cessation of our Services
• Any bugs, viruses, or other harmful code
• Any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content

IN NO EVENT SHALL NODE CREEK'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO NODE CREEK FOR THE SPECIFIC SERVICE GIVING RISE TO THE LIABILITY.

15. Indemnification

You agree to indemnify, defend, and hold harmless Node Creek from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with:

• Your breach of these Terms
• Your use of our Services
• Content you provide for incorporation into the project (including any claims of infringement)
• Your violation of any law or rights of a third party

16. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information shared during the course of the project. This includes but is not limited to:

• Business plans and strategies
• Technical information and trade secrets
• Customer data and lists
• Pricing information
• API keys and credentials

This confidentiality obligation does not apply to information that: (a) is or becomes publicly available through no breach of this agreement, (b) was rightfully in the receiving party's possession before disclosure, or (c) is independently developed without use of the confidential information.

17. Secure Credential Handling

Overview

When your project requires us to access third-party systems (hosting accounts, domain registrars, payment processors, etc.), we may ask you to provide credentials through our secure upload system. This section explains how we protect your passwords, API keys, and other sensitive information.

What This Covers:

• Passwords and login credentials
• API keys and access tokens
• SSH keys and certificates
• Sensitive files (tax documents, contracts)
• Any other confidential information submitted through our upload system

This is Optional: You're never required to use our secure upload system. You may provide credentials through any method you're comfortable with.

Security Measures

We take credential security seriously. Here's how we protect your information:

Encryption:

• All credentials are encrypted using military-grade encryption (RSA-4096 and AES-256)
• Encryption happens on your device before transmission
• Data is encrypted at rest in secure cloud storage (US-based, SOC 2 Type II certified infrastructure)
• Decryption requires a private key that never leaves our systems and is stored in a third party vault, not with your credentials or our infrastructure providers

Access Controls:

• Only authorized Node Creek personnel can access stored credentials
• All access requires multi-factor authentication

Audit Logging:

• Every time a credential is viewed, we log who accessed it, when it was accessed, and the IP address of the accessor
• Audit logs are available to you upon request

Data Retention and Deletion

Automatic Deletion: Your credentials are automatically and permanently deleted within 90 days of submission OR when we no longer need them for your project, whichever comes first.

Manual Deletion: You can request deletion of your credentials at any time by contacting us. We will delete them within 48 hours of your request.

What "Permanent Deletion" Means:

• Removed from our database
• Removed from encrypted storage
• Removed from backup systems
• Audit logs are retained (showing THAT credentials were accessed, but not the credentials themselves)

Upload Link Expiration: Credential upload links expire after a chosen period (1 hour to 30 days). After expiration, the link cannot be used to submit new credentials.

Permitted Use

We will use your credentials ONLY for the services you explicitly request. Specifically:

We WILL:

• Access accounts necessary to complete your project
• Perform tasks you've authorized (migrations, configurations, updates)
• Test functionality to ensure services work correctly

We WILL NOT:

• Use credentials for any purpose beyond your requested services
• Share credentials with third parties (including subcontractors) without your explicit consent
• Retain credentials longer than necessary
• Access your accounts after project completion (unless ongoing website management is contracted)

Your Responsibilities

To maintain security, you should:

Before Providing Credentials:

• Verify the credentials are accurate and have appropriate access levels
• Use the minimum access level necessary (create temporary admin accounts if possible)
• Review this security documentation

After Project Completion:

• Change all passwords and rotate API keys within 30 days
• Revoke any temporary access you created
• Remove any accounts we created during the project

If Credentials Are Compromised:

• Notify us immediately at info@nodecreek.com
• Change affected passwords/keys immediately
• We will cooperate with your incident response

Security Breach Notification

If we discover that your credentials may have been accessed by unauthorized parties, we will:

• Notify you within 72 hours of discovery
• Provide as much information as we can plausibly produce about what was affected
• Explain what steps we're taking to address the breach
• Recommend actions you should take to secure your accounts

You must take prompt action to change affected credentials and secure your accounts.

Limitations of Liability

While we use industry-standard security practices, no system is 100% secure. By providing credentials through our system, you acknowledge:

We Are Not Liable For:

• Breaches resulting from your failure to change credentials after project completion
• Compromises due to your own security practices (phishing attacks, weak passwords, etc.)
• Security breaches of third-party systems we access on your behalf
• Unauthorized access due to events beyond our reasonable control

Standard of Care: We will use the same level of care to protect your credentials as we use to protect our own confidential information, and no less than a reasonable standard of care.

Liability Cap: Any liability related to credential handling is subject to the overall limitation of liability in Section 14 of these Terms.

Your Rights

You have the right to:

• Request deletion of your credentials at any time
• Access audit logs showing who viewed your credentials and when
• Opt out of using the secure upload system and provide credentials through alternative methods
• Export metadata about credential submissions (dates, types, but not the credentials themselves)

To exercise these rights, contact us at info@nodecreek.com.

Questions?

If you have questions about our credential handling practices or want to review our security measures before providing sensitive information, please contact us. We're happy to discuss our security practices in detail.

17. Communication and Messaging Terms

Consent to Communications

By submitting your contact information through our website or agreeing to work with us, you consent to receive transactional communications from Node Creek via text message (SMS) and/or email related to your project or inquiry. These communications may include:

• Project updates and status notifications
• Responses to your inquiries
• Technical questions and clarifications
• Invoice and payment reminders
• Delivery notifications

Optional Marketing Communications

If you opt in to promotional communications, you may also receive occasional text messages and emails about our services, updates, and other information we believe may interest you. You can opt out of promotional messages at any time without affecting transactional communications related to your project.

Opt-Out Instructions

You can opt out of promotional SMS messages at any time by replying STOP to any promotional text message. You can opt out of promotional emails by clicking the unsubscribe link in any promotional email.

Note: Opting out of promotional messages does not opt you out of transactional communications related to active projects or services you have requested.

Message Frequency and Rates

Message frequency varies based on project activity. For transactional messages, frequency depends on project needs and your inquiries. For promotional messages, we typically send no more than 2-4 messages per month. Standard message and data rates may apply based on your mobile carrier's plan.

Contact Information Updates

You are responsible for keeping your contact information current. To update your email address or phone number, please contact us at info@nodecreek.com.

18. Portfolio and Marketing Use

Unless otherwise agreed in writing, Node Creek reserves the right to use completed projects in our portfolio and marketing materials, including on our website and in presentations to prospective clients. This may include screenshots, descriptions of the work performed, and results achieved.

If your project involves confidential or sensitive information, or if you prefer not to have your project included in our portfolio, please notify us in writing and we will honor your request.

19. Termination

Termination by Client

You may terminate a project at any time by providing written notice. Upon termination, you will be invoiced for all work completed up to the termination date, including any non-refundable deposits. You will receive any completed deliverables up to the point of termination.

Termination by Node Creek

We reserve the right to terminate a project if:

• You fail to make required payments
• You breach these Terms or the project agreement
• You fail to provide necessary materials or feedback
• Continuing the project would violate law or our ethical standards

We will provide written notice before terminating a project except in cases of serious breach. In the event of termination by Node Creek due to client breach, all deposits are forfeited and you will be invoiced for completed work.

20. Force Majeure

Neither party will be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

21. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law provisions.

Informal Resolution

If a dispute arises, both parties agree to first attempt to resolve it through good-faith negotiation for a period of at least 30 days. Please contact us at info@nodecreek.com to initiate dispute resolution. Most disputes can be resolved informally, and we are committed to working with you to find a fair solution.

Binding Arbitration

If informal negotiation does not resolve the dispute, you and Node Creek agree that any dispute, claim, or controversy arising out of or relating to these Terms or our Services (except as noted below) shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

Arbitration Process:

• The arbitration shall be conducted by a single arbitrator selected in accordance with AAA rules
• The arbitration shall take place in Washington State, or by virtual hearing if agreed by both parties
• Each party shall bear its own attorneys' fees and costs, and the parties shall split the arbitrator's fees and AAA administrative fees equally unless the arbitrator determines otherwise
• The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court having jurisdiction
• The arbitrator may award the same damages and relief that a court could award, including injunctive or declaratory relief

Exceptions to Arbitration

Either party may bring a claim in small claims court if the claim qualifies for small claims court jurisdiction (typically disputes under $10,000 in Washington State). Additionally, either party may seek injunctive relief in court to prevent or stop infringement of intellectual property rights.

No Class Actions

All disputes must be brought on an individual basis. You and Node Creek agree that neither party may bring a claim on behalf of a class or group, and the arbitrator may not consolidate more than one party's claims. You and Node Creek each waive any right to a jury trial or to participate in a class action lawsuit or class-wide arbitration.

Jurisdiction for Non-Arbitrable Claims

For any disputes that are not subject to arbitration (such as small claims court matters or requests for injunctive relief), the exclusive jurisdiction and venue shall be the state or federal courts located in Washington State, and both parties consent to the jurisdiction of such courts.

Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to info@nodecreek.com within 30 days of first accepting these Terms. Your notice must include your name, contact information, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, all other terms of this agreement still apply, but disputes will be resolved in court rather than arbitration.

22. Website Use and Acceptable Use Policy

You agree not to:

• Use our website in any way that violates applicable laws or regulations
• Attempt to gain unauthorized access to any portion of our website
• Interfere with or disrupt the operation of our website or servers
• Use automated systems (bots, scrapers) to access our website without permission
• Transmit any viruses, malware, or other harmful code
• Collect user information without consent
• Impersonate any person or entity or misrepresent your affiliation

23. Third-Party Services and Links

Our website and Services may contain links to third-party websites or integrate with third-party services. We are not responsible for the content, privacy practices, or terms of service of any third-party sites or services.

Projects may utilize third-party services (such as hosting providers, payment processors, or APIs). You are responsible for complying with the terms of service of any third-party services used in your project.

24. Entire Agreement and Severability

These Terms, together with any project proposals and agreements, constitute the entire agreement between you and Node Creek regarding our Services and supersede all prior agreements and understandings.

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

25. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify clients of material changes by posting the updated Terms on our website and updating the "Last Updated" date.

Changes will not apply retroactively to existing project agreements unless mutually agreed in writing. Your continued use of our website or Services after changes become effective constitutes your acceptance of the revised Terms.

26. Contact Information

If you have questions, concerns, or requests regarding these Terms of Service, please contact us: