Terms of Service

We design and build websites and provide ongoing hosting, updates, and support. Our published plans are:

• Business — a conversion-focused business website, starting at the price listed on our pricing page, plus a monthly hosting, updates, and support fee.
• Ecommerce — a store build, starting at the price listed on our pricing page, plus the same monthly fee.
• 3D / Animated — a scoped custom build, starting at the price listed on our pricing page, plus the same monthly fee.

Published prices are starting points. The final scope and price for your project are set in a written quote or proposal we send you after our call. Where that quote conflicts with these Terms, the quote controls for the specific point it addresses, and these Terms control for everything else.

We provide a free design mockup before you pay anything. The mockup is a design concept, not a finished website, and it is provided for you to evaluate our work.

• There is no charge and no obligation to proceed after seeing your mockup.
• Until you have paid for a project, Mind Media retains all ownership of the mockup and the designs in it. You may not use, copy, publish, or hand the mockup to another developer to build from.
• Mockup turnaround times we quote are good-faith estimates, not commitments.
• We may decline to produce a mockup for any reason, including if we don't think we're the right fit.

Project fees

Project fees are quoted in US dollars and are due on the schedule in your quote. Work starts once the first payment clears. If an invoice is more than 15 days past due, we may pause work and pause hosting after written notice.

Monthly hosting, updates, and support

Our monthly plan covers hosting, security and platform updates, and the ongoing edits described in your quote. It does not cover new pages, new features, redesigns, or third-party costs such as domain registration, premium plugins, stock imagery, fonts, or paid app subscriptions. We will quote those separately before doing the work.

Payments are handled by our third-party payment processor. Fees do not include sales or use tax, which we will add where required.

Our site says: not happy after round one? Full refund, no questions asked. We mean it, and here is exactly how it works.

• After we deliver the first round of design for your project, you have 7 days to tell us in writing that you're not happy and want a refund.
• We refund 100% of what you have paid toward the project fee. We do not ask you to justify the decision.
• Refunds are issued to the original payment method within 10 business days.
• If you take the refund, the engagement ends, no site is launched, and ownership of all designs and files stays with Mind Media. You may not use the refunded work.
• Monthly plan fees already incurred for hosting a live site are not part of the guarantee, because that service was already delivered.

Once you approve the design and we move into build, the guarantee period has passed and project fees are non-refundable. You can still cancel the monthly plan at any time under Section 3.

Once you have paid your project fee in full, you own the final website we deliver: the design, the page layouts, the custom code we wrote for you, and the content. We assign that ownership to you outright. Two sensible limits apply:

• Third-party materials. Fonts, stock photography, icons, plugins, themes, and libraries are licensed, not owned. You receive whatever license the provider grants, and you are responsible for keeping those licenses current after launch. We will tell you what they are at handoff.
• Our general know-how. We keep ownership of the generic components, snippets, and methods we use across all of our projects. Your ownership of the finished site is not affected by this, and we will never claim a right that stops you from using, editing, or moving your site.

If you leave, your hosting comes with you. When you cancel, we will provide a complete export of your site files and database, and cooperate with your new host’s migration, at no charge, for up to 30 days after cancellation. After 30 days we may bill our standard hourly rate for further migration help, and we may delete our copies of your files after 60 days, so keep your own backup.

You keep ownership of everything you give us — your logo, copy, photos, and brand assets. You grant us a license to use them for the purpose of building and supporting your site.

Portfolio. We may display your finished site, screenshots of it, and your business name and logo in our portfolio, case studies, and marketing, unless you ask us in writing not to. We will honor that request.

Projects stall for one reason more than any other: waiting on content. To keep your timeline, you agree to:

• Provide copy, images, logins, and brand assets promptly when we ask for them.
• Give consolidated feedback within 5 business days of each round.
• Confirm that you own or have permission to use everything you send us, and that it doesn't infringe anyone's rights or break any law.
• Keep your own domain registration, and give us the access we need to point it.

About our turnaround promises. Where we advertise a delivery window — for example, a live site within 72 hours of your approval — that clock runs only while we have everything we need from you. If we are waiting on content, access, feedback, or payment, the clock pauses until we have it.

If a project goes 30 days with no response from you, we may treat it as inactive, and restarting it may require a new quote.

We build sites designed to convert, and we are proud of the results our clients get. But results depend on your market, your pricing, your offer, your ad spend, your reviews, your responsiveness to leads, and factors none of us control.

You agree not to use our site or services to publish or distribute anything unlawful, infringing, defamatory, deceptive, or malicious; to send spam; to attempt to gain unauthorized access to our systems or those of our providers; or to interfere with the operation of the site. We may suspend or terminate service for a serious or repeated breach of this section, with notice where practical.

Your site may rely on third-party platforms and services — hosting, Shopify or a similar commerce platform, payment processors, email providers, plugins, analytics, and booking tools. Those services are governed by their own terms, and their availability, pricing, and features are outside our control. We are not liable for their outages, changes, price increases, or discontinuation, but we will work with you in good faith to find a replacement if one stops serving you.

We warrant that we will perform our services in a professional and workmanlike manner. For 30 days after launch, we will fix any defect in the code we wrote — something not working as designed — at no charge. This warranty does not cover changes you or a third party make to the site, third-party software failures, or new feature requests.

Except as stated in this section, the site and services are provided “as is” and “as available,” and Mind Media disclaims all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty of uninterrupted or error-free operation.

To the maximum extent permitted by law, Mind Media will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, even if we were advised such damages were possible.

Our total liability arising out of or relating to these Terms or our services will not exceed the total amount you paid us in the 12 months before the event giving rise to the claim.

Nothing in this section limits our obligation to honor the money-back guarantee in Section 4, or limits liability that cannot be limited by law, including liability for fraud, willful misconduct, or gross negligence. Some jurisdictions do not allow some of these limits, in which case they apply to the fullest extent permitted.

You agree to indemnify and hold Mind Media harmless from claims, damages, and reasonable legal costs arising from content or materials you provided to us, from your use of the site after launch, or from your breach of these Terms or of any law. We will notify you promptly of any such claim and let you control the defense, provided you do not settle in a way that imposes an obligation on us without our consent.

You may cancel the monthly plan at any time under Section 3. Either party may terminate an active project for material breach if the breach is not cured within 15 days of written notice. If you terminate a project after the guarantee period in Section 4, you owe us for work completed through the termination date.

On termination, Sections 5 (ownership), 7 (what we don’t promise), 10 through 12, and 14 through 16 survive.

Talk to us first. Before filing anything, email hello@mindmedia.co describing the problem and what you want. We will respond within 10 business days and both sides agree to try in good faith to resolve it for 30 days. Most problems end here.

Governing law and venue. These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Any dispute not resolved informally will be brought in the state or federal courts located in San Diego County, California, and both parties consent to that jurisdiction. Either party may bring a qualifying claim in small claims court instead.

The UN Convention on Contracts for the International Sale of Goods does not apply.

We may update these Terms. We will change the “Last updated” date above, and for material changes we will notify active clients by email at least 30 days before they take effect. Changes do not apply retroactively to a project already underway unless you agree in writing. Continuing to use the site or services after a change takes effect means you accept the updated Terms.

• Entire agreement. These Terms, plus your signed quote or proposal and our Privacy Policy, are the whole agreement between us and replace any earlier discussions.
• Severability. If a provision is found unenforceable, the rest stays in force.
• No waiver. If we don't enforce something right away, we haven't given up the right to enforce it later.
• Assignment. You may not assign these Terms without our written consent, except to a successor of your business. We may assign them in connection with a merger or sale.
• Independent contractor. We are an independent contractor, not your employee, partner, or joint venturer.
• Force majeure. Neither party is liable for delays caused by events outside its reasonable control, including outages of upstream providers, natural disasters, and government action.
• Notices. Written notice means email to the addresses on file, or mail to the address below.

Mind Media LLC
hello@mindmedia.co
1741 Eastlake Pkwy, Ste 102 #2009, Chula Vista, CA 91915