Terms of Service
Last updated: October 2, 2026
These Terms of Service ("Terms") apply to your use of ovytek.com (the "Site") and to the web design, development, marketing, and related services provided by OVYTEK Studio ("OVYTEK," "we," "us," or "our") to you ("Client," "you," or "your"). By using the Site or engaging us for services, you agree to these Terms.
Each project is also described in a written proposal, quote, or statement of work (a "Proposal") that sets out the scope, deliverables, timeline, and price. If a Proposal conflicts with these Terms, the Proposal controls for that project.
1. Services and Scope
We provide the services described in your Proposal, which may include website strategy, design, development on Shopify, WordPress, Squarespace, or custom platforms, landing pages, lead-generation systems, local SEO, CRM and automation setup, and website maintenance.
Work outside the agreed scope, including new pages, features, integrations, or changes to approved designs, is a change request. We will tell you before starting any change request that affects price or timeline, and it will be billed at the rate in your Proposal or under a written change order.
2. Payments
- Deposit. Most projects require a 50% deposit before work begins. The deposit reserves your place in our schedule and covers discovery and planning. It is non-refundable as described in our Payments, Refunds & Cancellations policy.
- Balance. Unless your Proposal sets out a different milestone schedule, the remaining balance is due before the site is launched or final files are delivered.
- Invoices. Invoices are due within 7 days of the invoice date unless stated otherwise.
- Late payments. If an invoice is more than 15 days overdue, we may pause work until it is paid. Overdue balances may incur a late fee of 1.5% per month or the maximum allowed by law, whichever is less.
- Recurring services. Maintenance, SEO, and other monthly services are billed in advance at the start of each billing period.
3. Revisions
Unless your Proposal says otherwise, each design phase includes two rounds of revisions. A round is one consolidated set of feedback that we apply together. Additional rounds, or changes requested after a design or page has been approved, are billed as change requests.
4. Client Responsibilities
- Provide content, images, logins, and feedback on the schedule agreed in your Proposal.
- Make sure you own or have permission to use any text, images, logos, or other materials you send us.
- Review the site before launch and confirm the content is accurate and complies with laws that apply to your business, including advertising, privacy, and industry-specific rules.
- Name one person who can give feedback and approvals on your behalf.
5. Project Delays
Timelines depend on receiving content and feedback on time. If we are waiting on you for more than 30 days, we may pause the project and move to other scheduled work. Restarting a paused project depends on our availability and may change the timeline. If a project is paused for more than 60 days, we may close it and invoice for the work completed to date.
6. Third-Party Platforms and Costs
Websites rely on third-party services such as Shopify, WordPress hosting providers, Squarespace, domain registrars, themes, plugins, apps, fonts, stock images, scheduling tools, and email platforms. Unless your Proposal says otherwise:
- You pay for these services directly, and the accounts are set up in your name so you own them.
- These services are governed by their own terms and pricing, which may change.
- We are not responsible for outages, price changes, security issues, or changes in features caused by third-party providers.
7. Ownership and Licensing
- Your deliverables. Once your project is paid in full, you own the final custom designs, content we write for you, and custom code created specifically for your project.
- Our tools. We keep ownership of our pre-existing code, templates, frameworks, processes, and know-how. Where these are part of your site, you receive a permanent license to use them as part of your website.
- Third-party materials. Themes, plugins, apps, fonts, and stock assets are licensed from their creators, not owned by you or us, and are subject to their license terms.
- Before full payment. Until full payment is received, all deliverables remain our property, and we may withhold launch or file transfer.
8. Portfolio Rights
We may show completed work, screenshots, and a short description of the project in our portfolio, case studies, and marketing, and may include a small credit link in the site footer. If you would rather we not do this, tell us in writing and we will honor that request. We will never publish confidential information you share with us.
9. Launch and Post-Launch Support
For 30 days after launch, we will fix defects in the work we delivered at no extra charge. This does not cover changes made by you or others, new features, content updates, or problems caused by third-party updates, hosting, apps, or plugins. Ongoing support after this period is available through a maintenance plan or at our hourly rate.
10. No Guarantee of Results
We build sites and systems designed to improve visibility, credibility, and conversion, but we cannot guarantee specific search rankings, traffic, leads, or sales. Search engines and advertising platforms control their own algorithms and policies, and results also depend on your market, offer, and operations.
11. Accessibility and Compliance
We follow widely used accessibility and performance practices when we build. Accessibility and legal compliance also depend on content, third-party tools, and changes made after launch, so we cannot guarantee that a site meets every legal standard. If your business needs a formal accessibility audit or legal review, we recommend a qualified specialist.
12. Confidentiality
We keep confidential any non-public business information and account credentials you share with us and use them only to perform the services. We recommend giving us user-level or temporary access where a platform supports it, and changing passwords after a project ends.
13. Termination
Either party may end a project with written notice. If a project ends early, you pay for all work completed up to the termination date, plus any non-refundable third-party costs. We will deliver the work completed to date once those amounts are paid. Recurring services can be canceled as described in our Payments, Refunds & Cancellations policy.
14. Limitation of Liability
To the fullest extent allowed by law, OVYTEK is not liable for indirect, incidental, special, or consequential damages, including lost profits, lost revenue, lost data, or business interruption. Our total liability for any claim related to a project or these Terms is limited to the amount you paid us for that project.
15. Indemnification
You agree to indemnify and hold OVYTEK harmless from claims arising from content or materials you provide, your products or services, or your use of the website after launch.
16. Use of This Site
The content on this Site is provided for general information and may change without notice. You may not copy or reuse our designs, text, or code without permission, or use the Site for any unlawful purpose or in a way that could damage or interfere with it. Links to third-party sites are provided for convenience, and we are not responsible for their content.
17. Governing Law
These Terms are governed by the laws of the State of Rhode Island, without regard to its conflict-of-law rules. Any dispute will be handled in the state or federal courts located in Rhode Island. Before taking any formal action, both parties agree to try to resolve the issue in good faith by contacting each other directly.
18. Changes to These Terms
We may update these Terms from time to time. The version posted on this page applies to new projects from the date it is posted. Active projects continue under the Terms in effect when the Proposal was accepted unless both parties agree otherwise.
19. Contact
Questions about these Terms can be sent to contact@ovytek.com or through our contact page.