Terms of Service
Last updated: August 12, 2026
These terms govern your use of this website and any services engagement with NYC Digital Agency By engaging us, you agree to the terms below alongside your signed statement of work.
1. Acceptance of Terms
By accessing this site or signing a proposal with NYC Digital Agency, you agree to these terms. If you do not agree, please do not use our services.
2. Services & Engagements
Each engagement is governed by a project-specific statement of work (SOW) or Master Services Agreement (MSA) that details scope, deliverables, timeline, and price. These terms apply in addition to, not in place of, that agreement.
3. Payment Terms
Fixed-price engagements are typically billed in milestones (e.g., 50% deposit, 50% on delivery). Retainer engagements bill monthly in advance. Invoices are due within 15 days unless otherwise agreed in writing.
4. Intellectual Property
Upon final payment, all custom code, designs, and deliverables created for your project transfer to you. NYC Digital Agency retains rights to its own pre-existing tools, frameworks, and internal libraries used to build your project, which are licensed to you for continued use.
5. Confidentiality
Both parties agree to keep confidential information — including project details, business data, and proprietary processes — private, and will execute a mutual NDA on request before detailed discovery.
6. Limitation of Liability
NYC Digital Agency's total liability under any engagement is limited to the fees paid for that engagement in the preceding 12 months. We are not liable for indirect, incidental, or consequential damages.
7. Termination
Either party may terminate an active engagement with 30 days' written notice. Fees for work completed up to the termination date remain payable.
8. Governing Law
These terms are governed by the laws of the State of New York, without regard to conflict-of-law principles.