Terms of Service

Last Updated: April 3, 2026

1. Monthly Upkeep Fee

The monthly upkeep fee covers:

Included Services

•Web Hosting: Complete hosting infrastructure for your website
•Domain Registration: Domain costs (unless domain is exceptionally expensive)
•Note: If client already owns their domain, cost is not subtracted from monthly fee
•Captcha Protection: Service provider costs to protect contact forms from bot spam
•Monthly Upkeep Allowance: 120 minutes of upkeep tasks per month

Upkeep Task Allowance (120 minutes/month)

The monthly upkeep fee includes 120 minutes of service time (valued at €240 if billed hourly). This allowance covers routine maintenance and updates as outlined below. Minutes are consumed based on the actual time required to complete each task.

Important: The 120-minute allowance represents a significant value - equivalent to €240 in professional development time included in your monthly retainer at no additional cost.

Task Time Estimates

The following estimates help you understand how your monthly allowance is utilized:

Content Updates

•Text changes (per page): 10-15 minutes
•Image replacement (per image): 5-10 minutes
•Adding new text section (simple): 15-20 minutes
•Blog post upload/formatting: 20-30 minutes

Design Adjustments

•Color/font changes (minor): 10-15 minutes
•Button styling updates: 5-10 minutes
•Spacing/layout tweaks: 15-20 minutes
•Responsive design fixes (per breakpoint): 20-30 minutes

Form & Functionality

•Add/remove form fields: 10-15 minutes per field
•Update form validation: 15-20 minutes
•Email notification changes: 10-15 minutes

SEO & Meta Tags

•Meta tags updates (title, description): 5-10 minutes per page
•Image alt text updates: 5 minutes per batch of 10 images
•Schema markup adjustments: 20-30 minutes

Technical Maintenance

•Dependency updates: 15-20 minutes
•Security patches application: 20-30 minutes
•Performance optimization (minor): 30-40 minutes

Always Excluded from Monthly Allowance

The following work types require separate project quotes or hourly billing:

•New page creation with custom functionality
•E-commerce features and shopping cart integration
•Third-party API integrations
•Database schema changes or major data restructuring
•Major redesigns or complete section overhauls
•Custom application features requiring significant development

Always Free (Not Counted Against Minutes)

Novin Digital provides the following services at no charge and without consuming your monthly allowance:

•Bug fixes for objectively broken features or functionality
•Security emergency patches for critical vulnerabilities
•Critical uptime issues affecting site availability

Additional Work

Work exceeding the 120-minute monthly allowance or tasks excluded from the allowance (as listed above) will be billed separately:

•Hourly Rate: €120 per hour for additional development work
•Project-Based Quotes: Available for larger features or significant updates
•Professional Courtesy: Pricing flexibility may be applied for valued long-term clients
•Transparency: You will be notified before work begins that would exceed your monthly allowance or require additional billing

The hourly rate reflects the true value of professional web development services. Your monthly retainer includes 120 minutes (€240 value) of this expertise as part of the all-inclusive hosting and maintenance package.

2. Service Suspension and Cancellation

Company-Initiated Suspension

Novin Digital reserves the right to suspend or terminate services immediately if the client:

•Violates these Terms of Service or any applicable laws
•Hosts or distributes illegal, harmful, defamatory, or malicious content
•Uses the website for fraudulent activities or to infringe upon third-party rights
•Abuses support services or the monthly upkeep allowance in bad faith
•Engages in activities that compromise the security or integrity of our systems
•Hosts content that violates intellectual property rights (copyright, trademark, etc.)

Upon company-initiated suspension:

•Services will be suspended immediately upon notice
•Monthly billing will cease from the date of suspension
•Fees for the current billing period (already incurred) remain due and payable
•The same code delivery terms outlined below will apply upon request
•Service restoration is at Novin Digital's sole discretion and may require additional terms

We prefer to resolve issues through open communication. If concerns arise regarding your use of services, we will attempt to contact you before taking suspension action except in cases of serious violations or legal requirements.

Client-Initiated Suspension

Clients may elect to suspend service at any time. Upon suspension:

•Web hosting will be cancelled and the website will be taken offline within the current billing month
•Domain registration services will cease at the end of the current registration period
•All ongoing support and maintenance services will terminate

Code Ownership and Delivery

Clients retain ownership of their website. Upon suspension or cancellation of service:

•Codebase delivery is available upon written request or email
•The delivered codebase will include all custom features built specifically for the client
•Novin Digital proprietary business logic and SEO templates will be removed prior to delivery
•Framework configurations, deployment scripts, and hosting setup will not be included

This policy protects our intellectual property while honoring client ownership of their content, custom features, and basic code structure.

3. Payment Terms and Non-Payment Policy

Invoice Terms

•Monthly invoices are due within 14 days of receipt
•Unpaid invoices exceeding 60 days will result in automatic service suspension

Payment Arrangements and Communication

We understand that circumstances can arise that may affect payment schedules. However, it's important to recognize that Novin Digital fronts all costs for your web hosting, domain registration, and supplementary services on your behalf. These are real expenses we incur monthly to keep your business online.

If you anticipate any payment difficulties or need alternative arrangements:

•Please contact us via email as soon as possible
•We are committed to working with our clients and will consider special arrangements on a case-by-case basis
•Open communication allows us to find solutions that work for both parties
•Alternative payment arrangements are not automatically granted but will be reviewed in good faith

We genuinely care about your business success and are willing to extend professional courtesy when circumstances require it. However, continued service cannot be guaranteed without communication and mutual agreement on payment terms.

Automatic Suspension for Non-Payment

If an invoice remains unpaid for 60 days:

•Web hosting will be cancelled
•The website will be taken offline
•All support and maintenance services will cease
•The same code delivery terms outlined above will apply

Service Restoration

To restore service or retrieve codebase materials after suspension:

•A formal written request or email must be submitted detailing the desired action (service restoration or codebase delivery)
•Outstanding invoices must be paid in full before service restoration
•Codebase delivery may be requested without service restoration

4. Client Responsibilities and Acceptable Use

Content Responsibility

Clients are solely responsible for all content, images, text, and materials provided for or uploaded to their website. You represent and warrant that:

•You own or have obtained all necessary rights, licenses, and permissions for your content
•Your content does not violate any laws, regulations, or third-party rights
•Your content does not infringe upon copyrights, trademarks, patents, or other intellectual property rights
•Your content is not defamatory, obscene, threatening, or otherwise harmful

Acceptable Use Policy

Clients agree not to use Novin Digital services to:

•Host or distribute illegal content or engage in illegal activities
•Distribute malware, viruses, or malicious code
•Violate privacy rights or collect personal data unlawfully
•Send spam or unsolicited commercial communications
•Engage in phishing, fraud, or deceptive practices
•Infringe upon intellectual property rights of others
•Host content that violates applicable data protection regulations

Legal Compliance

Clients are responsible for ensuring their website complies with all applicable laws and regulations, including but not limited to:

•Data protection and privacy laws (GDPR, etc.)
•Accessibility requirements
•Consumer protection regulations
•Industry-specific regulations applicable to their business
•Tax and financial reporting obligations

Novin Digital provides web development and hosting services but does not provide legal advice. Clients are encouraged to consult with legal professionals regarding compliance requirements for their specific business and jurisdiction.

5. Limitation of Liability

Service Limitations

Novin Digital's services are provided on an "as available" basis. While we strive for excellence, we cannot guarantee uninterrupted or error-free service. Novin Digital shall not be liable for:

•Website downtime or unavailability due to hosting infrastructure issues, internet connectivity problems, or third-party service failures
•Data loss or corruption, except to the extent recoverable from standard backup procedures
•Lost business revenue, profits, or opportunities resulting from website unavailability or technical issues
•Third-party service failures including but not limited to hosting providers, domain registrars, email services, payment processors, or other integrated services
•Security breaches affecting third-party services or infrastructure beyond our direct control
•Indirect, incidental, consequential, or punitive damages of any kind

Liability Cap

To the maximum extent permitted by Belgian law, Novin Digital's total aggregate liability for any claims arising from or related to our services shall not exceed the total fees paid by the client in the six (6) months immediately preceding the claim.

Force Majeure Exceptions

Novin Digital is not liable for any failure or delay in performance due to circumstances beyond our reasonable control, as detailed in the Force Majeure section below.

6. Warranties Disclaimer

"AS IS" Provision

Novin Digital services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied. To the fullest extent permitted by Belgian law, Novin Digital disclaims all warranties, including but not limited to:

•Implied warranties of merchantability or fitness for a particular purpose
•Warranties of uninterrupted or error-free operation
•Warranties that the services will meet all client requirements or specific business objectives
•Warranties regarding third-party services or infrastructure components
•Warranties of complete security or immunity from cyber threats

No Guarantee of Results

While Novin Digital strives to deliver high-quality websites optimized for performance and lead generation, we do not guarantee:

•Specific business outcomes, lead volumes, or conversion rates
•Search engine rankings or SEO performance
•Compatibility with all future browsers, devices, or technologies
•That the website will be free from all bugs or technical issues

Best Efforts Commitment

Notwithstanding the above disclaimers, Novin Digital commits to providing professional services with reasonable skill and care consistent with industry standards. We will make commercially reasonable efforts to maintain service quality and address issues promptly.

7. Indemnification

Client agrees to indemnify, defend, and hold harmless Novin Digital, its officers, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or related to:

•Client's content including any claims of copyright infringement, trademark violation, defamation, privacy violations, or other intellectual property infringement
•Client's use of the services including any violations of these Terms of Service or applicable laws
•Client's business activities conducted through or promoted via the website
•Third-party claims arising from client's products, services, or business practices
•Client's violation of any rights of third parties, including privacy rights, publicity rights, or intellectual property rights

This indemnification obligation survives termination of services and applies regardless of whether the claim arises during or after the service period.

8. Service Level Agreement

Uptime Target

Novin Digital targets 99.9% uptime for website hosting services, measured monthly. This target is subject to:

•Scheduled maintenance windows (announced in advance when possible)
•Third-party hosting infrastructure performance
•Force majeure events and circumstances beyond our control
•Distributed Denial of Service (DDoS) attacks or other malicious activities

No Uptime Guarantee

While we target 99.9% uptime, this is a goal rather than a contractual guarantee. Novin Digital is not liable for damages resulting from downtime, and no service credits or refunds are provided for uptime falling below this target. Our uptime target reflects the typical performance of our hosting infrastructure.

Maintenance Windows

Routine maintenance may be performed with minimal notice. We strive to schedule maintenance during low-traffic periods when possible. Emergency maintenance for security or critical issues may be performed immediately without advance notice.

Monitoring and Response

Novin Digital monitors hosting infrastructure and will respond to critical outages during business hours. Response times for non-critical issues are addressed according to available support capacity.

9. Data Backup and Restoration

Backup Infrastructure

Novin Digital implements multiple backup mechanisms to protect your website:

•Version Control Systems: All website code is maintained in version control systems, providing historical snapshots of your codebase
•Hosting Provider Backups: Our hosting infrastructure includes automated backup systems managed by our hosting providers
•Database Backups: For websites utilizing database systems, backups are managed through third-party database service providers according to their backup policies

Backup Limitations

Backups are provided as a protective measure but are subject to the capabilities and limitations of the underlying infrastructure and service providers. Novin Digital does not guarantee:

•Specific backup retention periods or frequencies
•Successful restoration of all data in all circumstances
•Zero data loss in the event of catastrophic failures
•Backups of client-managed content or external integrations

Client Responsibility

Clients are encouraged to maintain their own backups of critical business data, content, and materials. Novin Digital is not responsible for data loss that cannot be recovered from available backup systems.

Restoration Services

Restoration from backups will be performed on a best-effort basis:

•Emergency restorations (critical site failures) are included in monthly services
•Complex restorations requiring significant time may consume monthly upkeep allowance or be billable
•Data recovery is dependent on the availability and integrity of backup data

Clients requiring specific backup or recovery requirements should discuss these needs in advance to ensure appropriate solutions are implemented.

10. Force Majeure

Novin Digital shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to:

•Natural disasters: Earthquakes, floods, fires, storms, pandemics, or other acts of nature
•Internet infrastructure failures: Backbone failures, routing issues, DNS outages, or widespread connectivity problems
•Third-party service outages: Failures of hosting providers, domain registrars, content delivery networks, or other critical service providers
•Power outages: Electrical grid failures or energy supply disruptions affecting data centers or infrastructure
•Cyber attacks: DDoS attacks, large-scale hacking incidents, or coordinated malicious activities
•Government actions: Legal prohibitions, regulations, embargoes, or governmental orders
•War, terrorism, or civil unrest: Armed conflicts, terrorist acts, riots, or political instability
•Labor disputes: Strikes or work stoppages affecting critical service providers

Effect of Force Majeure

During force majeure events:

•Novin Digital's obligations are suspended for the duration of the event
•No liability is incurred for delays or failures during the force majeure period
•We will make reasonable efforts to resume services as soon as practicable
•Clients will be notified of significant force majeure events affecting services when possible

If a force majeure event continues for more than 30 consecutive days, either party may terminate the agreement without penalty.

11. Modification of Terms

Right to Update

Novin Digital reserves the right to modify these Terms of Service at any time to reflect:

•Changes in applicable laws or regulations
•Changes in our service offerings or business practices
•Improvements to legal protections or clarity
•Industry best practices or standard terms

Notice of Changes

Clients will be notified of material changes to these Terms via:

•Email notification sent to the primary contact email on file
•30 days advance notice before changes take effect (when reasonably practicable)
•Posting of updated terms on our website or client portal

For minor, non-material changes (such as clarifications or corrections), shorter notice periods may apply.

Acceptance of Changes

Continued use of Novin Digital services after the effective date of modified Terms constitutes acceptance of those changes. If you do not agree to modified Terms, you may:

•Contact us to discuss your concerns
•Terminate services in accordance with the cancellation provisions
•Request codebase delivery if choosing to discontinue services

12. Governing Law and Dispute Resolution

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Belgium, without regard to conflict of law principles. All legal matters arising from or relating to these Terms or Novin Digital's services shall be subject to Belgian law.

Jurisdiction

Any legal disputes that cannot be resolved through informal means shall be subject to the exclusive jurisdiction of the courts of Belgium. Both parties consent to the personal jurisdiction and venue of Belgian courts for resolution of any disputes.

Preference for Informal Resolution

Novin Digital strongly prefers to resolve any disputes or concerns through direct communication and good-faith negotiation. Before initiating formal legal proceedings:

•Clients are encouraged to contact us via email to discuss any issues or concerns
•We commit to responding promptly and working collaboratively toward mutually acceptable solutions
•Most disputes can be resolved through professional dialogue and reasonable compromise

Formal legal action should be considered only after genuine efforts at informal resolution have been exhausted.

Entire Agreement

These Terms of Service, together with any written agreements or quotes provided for specific projects, constitute the entire agreement between the client and Novin Digital regarding the services. These Terms supersede any prior or contemporaneous communications, representations, or agreements.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

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_These Terms of Service are subject to periodic review and updates. Clients will be notified of material changes in accordance with the Modification of Terms section above._