Nocturnum / Working together
Terms & Conditions
Clear expectations for working with Nocturnum Creative. Effective September 29, 2026. Questions and written notices: robert@nocturnum.ca.
Before a project begins
An inquiry is not a booking, an accepted quote or an agreement to pay. Before work starts, we provide a written proposal identifying the service provider, scope, deliverables, fees, currency, taxes, payment schedule, timing and any project-specific conditions. You must expressly accept that proposal and receive a copy. These terms apply to a new project only when incorporated into that agreement; they do not change an existing agreement retrospectively. A specific written agreement takes precedence over these general terms, subject always to applicable law.
Deposits and payment
Deposits reserve studio capacity and support the initial planning and creative work. Deposits are non-refundable if you cancel or change your mind, except where a refund is required by law or expressly agreed in writing. The amount and what it covers must be disclosed and agreed before payment. Your deposit is credited toward the agreed project price; it is not an additional fee. Remaining payments fall due at the milestones in your proposal. No payment is collected by this inquiry form. We do not impose an unquoted penalty or treat the word non-refundable as a waiver of your legal rights.
Cancellation, postponement and outstanding work
Give cancellation or postponement requests in writing. If you cancel, amounts properly due for work already completed and approved, non-cancellable third-party commitments remain payable, with amounts already paid credited so the same work is not charged twice. A new date or transfer of a deposit needs written agreement and depends on availability. If we cancel for reasons not caused by your breach and cannot agree a replacement plan, we return payments for services not provided, including any unused deposit. Statutory cancellation and refund rights remain unaffected.
Scope, revisions and approvals
Your proposal defines the deliverables and included revisions. New pages, features, integrations, content, additional concepts or a change of approved direction may change the price and schedule. We obtain written approval for additional charges before proceeding. You are responsible for reviewing copy, facts, links, images and functionality and providing consolidated feedback. Launch or final approval must be explicit; silence alone is not approval.
Client materials and timing
You must have permission to supply and use your text, photographs, trademarks, fonts, data and other materials. Do not send sensitive personal information or credentials through the public inquiry form. Delayed content, decisions, access or payments can affect the schedule; we will discuss a revised timeline. We may pause work after written notice if an agreed payment is overdue or essential access or information is missing. Any restart arrangements or charges require written agreement.
Ownership, licenses and portfolio use
The proposal identifies which final deliverables and intellectual property are assigned or licensed to you. Unless it says otherwise, rights to the original, final deliverables we create specifically for your project transfer upon full payment. Preliminary concepts, unused designs, working files and our pre-existing tools and methods are retained unless expressly included. Third-party software, stock media, typefaces and open-source components remain subject to their own licenses and fees. We may show publicly launched work in our portfolio unless confidentiality or a written restriction applies; private information is not included without permission.
Hosting, maintenance and external platforms
Domain registration, hosting, email, subscriptions, advertising, ongoing maintenance, backups and future changes are included only if the proposal expressly lists them. Their ownership, renewal responsibility and recurring fees should be agreed before launch. Third-party availability, pricing, platform rules and search rankings can change. We do not promise a particular traffic level, ranking, conversion rate or revenue result. This does not excuse a failure to deliver the services we expressly agreed to provide.
Quality, remedies and responsibility
We provide services with reasonable care and skill. Report a problem promptly in writing so we can assess and address it. We are responsible for our own obligations and conduct; you remain responsible for the legality and accuracy of materials and instructions you supply. We do not assume losses caused solely by changes made by others, misuse or a third-party failure outside our control. Nothing excludes liability that cannot lawfully be excluded, or removes a remedy for our own breach, negligence, fraud or wilful misconduct.
Website use, privacy and disputes
Do not misuse the website, interfere with its operation or reuse protected material without permission. Inquiry data is handled as described in our Privacy Policy. Ontario law and applicable Canadian federal law govern, subject to mandatory protections in your jurisdiction. Contact robert@nocturnum.ca first so we can try to resolve a concern. These terms do not impose mandatory arbitration, prohibit a lawful payment dispute or waive a right to court proceedings or statutory consumer remedies.
Updates and your rights
Changes apply prospectively to new agreements after the effective date. Material changes to an existing project require agreement. Nothing in these terms overrides non-waivable consumer rights, statutory warranties, required disclosures, cancellation rights or refunds required by law. Keep the accepted proposal, these terms and your payment records together.