Terms of Service

By purchasing a service package, submitting a project brief, or making payment to Nexus Peak Digital ("Nexus Peak Digital", "we", "us"), you ("Client") accept these Terms of Service in full. Nexus Peak Digital is a digital services business operated by Barry Eugene Neal, located at 1839 South Alston Ave, Durham, NC 27707, United States. If you are entering into this agreement on behalf of a company, you confirm that you have the authority to bind that company.

We provide business-to-business digital services including brand identity and UI/UX design, custom web design and optimization, and performance marketing and funnel optimization. The exact scope, deliverables, revision allowance, and delivery window for your engagement are those stated in the package you purchase or in a written project proposal signed by both parties. Work outside the agreed scope requires a separate written quote and is billed separately.

All pricing is quoted and charged in United States Dollars ($ USD). Package prices are Starter $199, Growth $499, and Enterprise $999, each billed as a one-time charge at checkout unless a milestone schedule is agreed in writing. Card payments are processed by our third-party payment processor; we never store full card numbers on our systems.

Retainer and ongoing performance marketing engagements are invoiced monthly in advance. Invoices are due on receipt unless otherwise stated. Accounts more than 10 calendar days past due may have production paused until the balance is cleared. Applicable sales taxes, where required, are added at checkout.

Timely delivery depends on the Client supplying required inputs: brand assets, copy, product information, platform access, and feedback. Delivery windows begin on the first business day after we receive payment and a complete brief. Delays in Client feedback of more than 5 business days may shift the delivery schedule accordingly.

Projects are delivered against defined milestones (for example: concept direction, first draft, final production files). Each milestone is submitted for written approval. A milestone is deemed approved if we receive no written feedback within 7 business days of submission. Every package includes up to three (3) rounds of revisions per milestone; further rounds are billed at our then-current hourly rate.

We retain ownership of all concepts, drafts, working files, and delivered assets until we have received full and final payment for the applicable engagement. Upon final payout, all rights, title, and interest in the final approved deliverables transfer to the Client, including commercial use rights, except for third-party components such as licensed fonts, stock media, and open-source code, which remain subject to their own licenses.

We retain the right to display non-confidential final work in our portfolio and case studies unless the Client requests otherwise in writing. We also retain ownership of our pre-existing tools, frameworks, templates, and internal methodologies.

Cancellations and refunds are governed by our Refund & Cancellation Policy, which is incorporated into these Terms by reference. In summary: a full refund is available within 24 hours of purchase provided work has not started, and prorated milestone-based refunds apply once delivery has begun.

Each party will keep the other party's non-public business information confidential and use it only to perform this agreement. This obligation continues for two (2) years after the engagement ends. We are happy to sign a client-supplied NDA on request.

We warrant that services will be performed in a professional and workmanlike manner by qualified personnel. We do not guarantee specific business outcomes such as revenue, traffic volume, conversion rates, search rankings, or advertising performance, as these depend on market factors outside our control. Except as expressly stated, services are provided "as is" without further warranties of any kind.

To the maximum extent permitted by law, Nexus Peak Digital's total aggregate liability arising out of or relating to an engagement shall not exceed the total fees paid by the Client for that engagement in the three (3) months preceding the claim. Neither party is liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruption, even if advised of their possibility.

Some services depend on third-party platforms such as advertising networks, hosting providers, analytics tools, and cloud storage. We are not responsible for outages, policy changes, account suspensions, or pricing changes imposed by those providers. Client is responsible for platform subscription and ad-spend costs unless expressly included in a written proposal.

These Terms are governed by the laws of the State of North Carolina, United States, without regard to conflict-of-law principles. The parties will first attempt to resolve any dispute in good faith through direct negotiation for 30 days. If unresolved, the exclusive venue for any action shall be the state or federal courts located in Durham County, North Carolina, and both parties consent to that jurisdiction.

We may update these Terms to reflect changes in our services or legal requirements. The version published on this page at the time of your purchase governs that purchase. Material changes will be noted by updating the "Last updated" date above.

Questions about these Terms can be sent to contact@nexuspeakdigital.online or mailed to Nexus Peak Digital, 1839 South Alston Ave, Durham, NC 27707, United States.