Effective date: March 16, 2026
1. Agreement to Terms
By engaging BrightMind LLC ("BrightMind," "we," "us," or "our") for web design, hosting, software development, or related services, you ("Client," "you," or "your") agree to these Terms of Service. If you do not agree, please do not use our services.
2. Services
BrightMind provides web design, web hosting, software development, and related technology services. The specific scope of work for each project will be discussed and agreed upon before work begins. We reserve the right to decline any project at our discretion.
3. Pricing and Payment
- Setup fee: A one-time $50 setup fee is charged at the start of service to cover final site revisions, domain configuration, and launch.
- Monthly hosting: Hosting is billed at $25/month. This includes reliable web hosting, SSL, domain management, uptime monitoring, and routine content updates (see Section 3a). Rates may change with 30 days' written notice.
- Custom work: Work beyond routine content updates (see Section 3a) is billed at $25/hour. We will always provide an estimate and obtain your approval before beginning any custom work. You will never be charged for custom work without prior authorization.
- Billing start date: Monthly billing begins on the 1st of the month following the date your site goes live. You will not be charged monthly during the setup and launch process. By paying the setup fee, you authorize BrightMind to begin monthly billing once your site is live.
- Payment processing: All payments are processed securely through Stripe. We do not store your credit card information.
- Late payments: If a monthly payment fails, we will attempt to contact you. If payment is not received within 14 days, we may suspend your hosting service until the balance is resolved.
3a. Included Updates vs. Custom Work
The following updates are included at no extra cost with your $25/month hosting plan:
- Business hours, phone number, or address changes
- Menu item or pricing updates
- Staff name changes
- Seasonal or holiday hours changes
- Fixing typos or broken links
- Minor text edits to existing content
- Swapping or updating existing photos
The following services are considered custom work and billed at $25/hour:
- Adding new pages or sections
- Layout or design changes
- Seasonal or promotional redesigns
- Photo gallery additions
- New features or integrations (online ordering, reservation widgets, etc.)
- Event calendars, booking forms, or similar functionality
- Significant visual overhauls
If you're unsure whether a requested change falls under included updates or custom work, just ask. We will always provide an estimate and obtain your approval before beginning any billable work.
4. Custom Software Projects
For custom software and SaaS development projects, pricing, milestones, and deliverables will be agreed upon in a separate written proposal or statement of work. These Terms of Service apply in addition to any project-specific agreements.
5. Intellectual Property
- Your content: You retain ownership of all content you provide (text, images, logos, etc.).
- Website files: Upon full payment of all outstanding balances, you own the website files we create for you. If you cancel your plan, we will provide your site files upon request.
- Third-party assets: Some websites may use third-party fonts, icons, or stock images that are subject to their own license terms.
- Portfolio rights: We may display your completed project in our portfolio unless you request otherwise in writing.
6. Hosting and Uptime
We strive to maintain reliable hosting with minimal downtime. However, we do not guarantee 100% uptime. Scheduled maintenance, third-party outages, and unforeseen circumstances may occasionally affect availability. We are not liable for losses resulting from downtime.
7. Client Responsibilities
You agree to:
- Provide accurate information and content for your project in a timely manner.
- Review and provide feedback on demos and deliverables promptly.
- Ensure that content you provide does not violate any laws or third-party rights.
- Keep your payment information current.
8. Cancellation
- You may cancel your hosting plan at any time by contacting us at contact@brightmindllc.com.
- Cancellation takes effect at the end of your current billing period.
- The one-time setup fee is non-refundable once your site has been launched.
- See our Refund Policy for details on refund eligibility.
9. Limitation of Liability
BrightMind LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our services. Our total liability for any claim shall not exceed the amount you have paid us in the 3 months preceding the claim.
10. Indemnification
You agree to indemnify and hold harmless BrightMind LLC, its owners, and employees from any claims, damages, or expenses arising from your use of our services, your content, or your violation of these terms.
11. Changes to These Terms
We may update these Terms of Service from time to time. If we make material changes, we will notify you via email or through our website. Continued use of our services after changes constitutes acceptance of the updated terms.
12. Governing Law
These terms are governed by the laws of the State of Iowa, United States. Any disputes will be resolved in the courts of Polk County, Iowa.
13. Contact
Questions about these terms? Reach us at contact@brightmindllc.com.