04Pricing & Payment
Fees are based on the quotation provided before the project begins. 100% of the quoted amount is payable in advance (for the Basic Design plan only, two payments of 50% — at project start and before delivery — may be chosen instead). Work will begin only after payment (for split payment, the first payment, i.e. the deposit) has been confirmed.
Payment via the "Choose" button on each plan is processed online through Stripe. If you have requested a custom quotation, or prefer a method other than Stripe, bank transfer is also available (account details are provided when you place your order). Any transfer fees are borne by the Client. When paying by bank transfer, please enter the sender's name exactly as it appears on the quotation or invoice.
05Delivery & Revisions
Delivery timelines are agreed individually for each project and stated in the quotation or proposal. We are not responsible for delays caused by the Client's late provision of materials or feedback.
Unless otherwise stated in the quotation, up to two rounds of revisions are included free of charge after the first draft is delivered. Further revisions, or changes that substantially depart from the original brief (e.g., a fundamental change of design concept), may incur additional fees.
After delivery of the website, the Client has a period of one (1) month from the delivery date to request changes to the published content (text, images, etc.) and minor bug fixes free of charge. This free-of-charge scope is limited to content changes and minor bug fixes, and does not include changes to the design, layout, color scheme, or structure, or the addition of pages. Content changes or fixes requested after this period, or any changes involving the design, will be quoted separately and may incur additional fees.
The free-revision scope defined in this Article (up to two rounds after the first draft, and one month of text edits after delivery) applies to the one-time Basic Design Plan. For Clients under the Content & Maintenance plan or the Unlimited Annual subscription, the terms of that specific plan (per-request handling with up to four rounds of edits per request, additional rounds being priced separately, or ongoing updates throughout the year, respectively) take precedence over this Article.
06Force Majeure
We shall not be liable for any delay or failure in performing our obligations under this Contract (including delivery deadlines) caused by natural disasters, war, civil unrest, epidemics, government regulation, telecommunications or power infrastructure failures, our own illness or injury, or other events reasonably beyond our control ("Force Majeure"). Where such an event occurs, we will notify the Client within a reasonable time after becoming aware of it and discuss alternative arrangements or a revised schedule where possible. If a Force Majeure event continues for sixty (60) days or more, either Party may terminate this Contract, in which case settlement will be discussed separately based on the work already provided.
07Acceptance of Deliverables
If, within seven (7) days of our notifying the Client that the deliverable (the website) has been delivered, the Client submits no revision request under Article 5 or other written objection, the deliverable shall be deemed accepted by the Client. Any issues discovered after acceptance will be addressed within the free-revision scope under Article 5 if minor, or otherwise quoted separately.
08Intellectual Property
Copyright and other intellectual property rights in the deliverables produced under this Contract (design, coded website, original copy, etc.) transfer from us to the Client upon confirmation of full payment. Until full payment is received, such rights remain with us.
Third-party assets used in the deliverables (paid or free fonts, stock images, plugins, open-source software, etc.) remain subject to their own respective licenses. Any use beyond the scope of those licenses is the Client's responsibility.
Unless the Client requests otherwise in writing, we may showcase completed deliverables in our portfolio and case studies. Clients wishing to keep a project confidential should notify us in advance.
09Source Files & Data Handover
The deliverables provided under this Contract consist of the live, functioning website (code, images, text, and other published data). Editable source files used during the design process (e.g., Figma or Photoshop files) are not included in the deliverables unless expressly stated, and remain in our possession. If you would like editable source files, please request this at the quotation stage, or contact us separately after delivery (additional fees may apply).
10Post-Delivery Operation & Maintenance
After delivery, website hosting (server), domain maintenance and renewal, SSL certificates, and other operational or maintenance tasks are not within our scope of responsibility unless separately and explicitly requested and contracted by the Client. The Client is responsible for arranging such ongoing operation and maintenance themselves, or by placing a separate order with us if desired.
Where the Client uses the free subdomain we provide, server operation for that subdomain is managed by us, but we do not guarantee continuous operation or any specific uptime. Where the Client has contracted a custom domain, operating conditions follow the terms of that individual arrangement.
A website's value isn't fixed at launch — it's sustained through ongoing care. Keeping information current, catching small issues early, and maintaining a healthy technical state all contribute to a site's trustworthiness, usability, and how well search engines regard it.
On the other hand, when a site goes a long time without updates or check-ins, listed information can gradually drift out of date, and minor issues can quietly build up unnoticed. This isn't a warning about any specific incident — it's simply a natural tendency shared by all websites over time.
For this reason, we recommend periodic maintenance — roughly every six months as a guideline — using either the Content & Maintenance package or the Unlimited Annual subscription. This is a recommendation only; it does not obligate the Client to purchase or contract for it.
11Client's Warranty on Provided Materials
The Client warrants that it holds the legitimate rights, or has lawful authorization, to use any text, images, photographs, logos, trademarks, and other materials provided to us for the performance of the Services ("Provided Materials").
The Client is likewise responsible for ensuring that the Provided Materials do not infringe any third party's copyright, trademark, right of publicity, or other rights. Should any dispute arise with a third party in connection with the Provided Materials (including claims of infringement or damages), the Client shall resolve it at its own responsibility and expense, and shall indemnify us for any resulting damages we incur.
We are under no obligation to independently investigate or verify the rights status of any Provided Materials submitted by the Client.
12Confidentiality
The Client and HexaPoint (together, the "Parties") shall keep confidential, using reasonable care, all technical information, business information, customer data, login credentials, source files, and other non-public information disclosed by the other Party in connection with this Contract ("Confidential Information"), and shall not disclose such information to any third party without the other Party's prior written consent.
Confidential Information shall not be used for any purpose other than the provision and performance of the Services, and any use beyond that purpose requires the prior written agreement of both Parties.
The following are excluded from Confidential Information: (1) information already public at the time of disclosure; (2) information that becomes public thereafter through no fault of the receiving Party; (3) information the receiving Party already lawfully held before disclosure; (4) information lawfully obtained from a third party without a duty of confidentiality; and (5) information required to be disclosed by law, court order, or a competent authority (in which case the disclosing Party shall be notified in advance where reasonably possible).
The confidentiality obligations in this Article shall survive termination of the Contract for three (3) years. Upon termination, we will return or delete Confidential Information and data received from the Client in accordance with the Client's instructions.
13Cancellation & Refunds
Cancellation is only possible, and a refund only available, if the Client cancels for their own reasons after payment has been confirmed but before we have begun work on the project. In that case, the amount paid will be refunded after deducting an administrative fee (up to 10% of the quoted amount).
Once the Client has agreed to the quotation, payment has been completed, and we have actually begun work on the project, cancellation and refunds are, in principle, no longer available. This is because, from the point work begins, our time and resources are committed and allocated to that project. This does not apply where the cause is attributable to us (e.g., a serious delivery delay or material breach of contract), in which case the matter will be discussed separately. For split payment, the deposit (payment 1) is likewise non-refundable once work has begun.
14Termination for Non-Response
Project progress depends on the Client's timely responses, materials, and approvals. If we contact the Client (by email, phone, etc.) and receive no response for thirty (30) consecutive days, we will place the project "on hold" and send a reminder notice.
If no response is received for a further thirty (30) days after the on-hold notice (sixty (60) days in total), we may terminate the Contract for the Client's default. As this Service operates on a prepayment basis (including the deposit under split payment), fees already paid (including that deposit) will not be refunded in this case and shall be retained as consideration for the work and time already committed by us.
If the Client wishes to resume the project after termination, it will be treated as a new engagement and re-quoted accordingly. Project data and materials will be retained for ninety (90) days from the date of termination, after which they may be deleted.
15Limitation of Liability
Except where caused by our willful misconduct or gross negligence, our total liability for any damages arising in connection with the Services shall be limited to the total fees actually received from the Client under the individual contract giving rise to the claim. To the extent permitted by applicable law, we shall not be liable for indirect damages, lost profits, loss of business opportunity, data loss, or other consequential or incidental damages.
We do not guarantee search engine rankings, traffic, inquiries, sales, or any other outcome, as these are affected by factors beyond our control, such as search engine algorithm changes, market conditions, and how the Client operates the site after launch.
In designing and implementing the website, we take reasonable, industry-recommended security measures considered appropriate at the time — including addressing known vulnerabilities, following recommended secure-coding practices, and configuring access permissions appropriately. That said, no one can guarantee absolute security on the internet; this is an inherent limitation of the technology itself, not a shortfall specific to any provider. Except where caused by our willful misconduct or gross negligence, we shall not be liable for the consequences of any unauthorized access, data breach, cyberattack, or other security incident affecting the Client's website after delivery.
Likewise, our responsibility does not extend to security issues arising from plugins, extensions, or third-party integrations added by the Client or its contractors after delivery, the Client's own password or account management practices, or the hosting/server operation and maintenance described in Article 10 (unless separately contracted with us).
16Privacy
Personal information is handled in accordance with our Privacy Policy.
17Disputes, Governing Law & Jurisdiction
If any question or dispute arises between the Parties relating to these Terms or an individual contract, the Parties shall first attempt to resolve it through good-faith negotiation before resorting to litigation.
If the dispute cannot be resolved through negotiation, these Terms and any individual contract shall be governed by and construed in accordance with the laws of Japan, and the Tokyo District Court shall have exclusive jurisdiction as the court of first instance.
As we do not maintain a fixed place of business in Japan and operate entirely online, the above jurisdiction is agreed by both Parties in the interest of convenience and predictability.
18Miscellaneous (Language, Entire Agreement, Severability)
These Terms are provided in both Japanese and English. In the event of any discrepancy or conflict between the two versions, the Japanese version shall prevail.
These Terms, together with the individual quotation or proposal, constitute the entire agreement between the Client and us regarding the Services, and supersede all prior oral or written agreements and representations between the Parties on the subject.
If any provision of these Terms is held invalid or unenforceable under applicable law, that determination shall not affect the validity of the remaining provisions, and these Terms shall continue in full force and effect with respect to the remainder.
19Changes to These Terms & Contact
We may amend these Terms at any time without prior notice where we consider it necessary. Amended Terms take effect once posted on this website. For contracts already in progress, the Terms in force at the time the individual contract was formed shall continue to apply.
For questions about these
Terms, please contact us at: [email protected]