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Terms of Use

The use of services from Bright Minded Media constitutes agreement to the
following terms:


The charge for design of the website will be as described on the accompanying
Invoice/Estimate. Any change orders or modifications requested beyond the
scope of the Estimate will be based on a discount of our currently hourly rate for the
first 12 months after work has begun by Bright Minded Media. After the first 12
months a standard hourly rate will apply.

1. Payment

All invoices are payable within 21 business days of receipt, with the exception of the initial down payment as outlined in our Policy, which is due upon receipt. A $80 service charge
is payable on all overdue balances for reissuing each invoice at 45, 60, 75 and
90 days from the date of original invoice. The grant of any license or right of
copyright is conditioned on receipt of full payment.

2. Default in payment

The Client shall assume responsibility for cost outlays by Developer in all
collections of unpaid fees and of legal fees necessitated by default in payment.
Invoices in default will include but are not limited to fees for collection and legal

3. Estimates

The fees and expenses shown are minimum estimates only unless an hourly fee
has been agreed upon. That fee will be $80.00 per hour and the Developer shall
keep the client apprised of a tally of hours within a reasonable period of time.
Final fees and expenses shall be shown when invoice is rendered. The fees and
expenses shown are minimum estimates only unless the quote and/or invoice is
clearly marked Firm Quote, otherwise the below stated hourly fee will be
payable on all time over that which was quoted with a minimum in 60 minute

4. Changes

The Client must assume that all additions, alterations, changes in content, layout
or process changes requested by the customer, will alter the time and cost. The
Client shall offer the Developer the first opportunity to make any changes.

5. Expenses

The Client shall reimburse the Developer for all expenses arising from this
assignment, including the payment of any sales taxes due on this assignment,
and shall advance the Developer for payment of said expenses, including but not
limited to Stock Photography, Artwork, and or material needed for the project.

6. Cancellation

In the event of cancellation of this assignment, ownership of all copyrights and
the original artwork shall be retained by the Developer, and a cancellation fee for
work completed, and expenses already incurred, shall be paid by the Client.
Cancellation fee is based on the hours submitted, if the project is on an hourly
basis or a percentage based on the time estimate for the entire job. A 100%
cancellation fee is due once the project has been finished, whether delivered to
the client or not. If the project is on an hourly basis and the project is canceled by
the client, the client agrees to pay no less than 100% of the hours already billed
for the project at the time of cancellation plus a flat fee of $250 or 50% of the
remaining hours that were expected to be completed on the project, whichever is

7. Ownership and return of artwork

The Developer retains ownership of all original artwork, whether preliminary or
final, and the Client shall return such artwork within 30 days of use unless
indicated otherwise below. If transfer of ownership of all rights is desired, the
rates may be increased. If the Client wishes the ownership of the rights to a
specific design or concept, these may be purchased at any time for a
recalculation of the hourly rate on the time billed or the entire project cost.

8. Credit Lines

The Developer and any other creators shall receive a credit line with any editorial
usage. If similar credit lines are to be given with other types of usage, it must be
so indicated here.

9. Releases

The Client shall indemnify the Developer against all claims and expenses,
including attorney’s fees, due to the uses for which no release was requested in
writing or for uses that exceed authority granted by a release.

10. Modifications

Modifications of the terms of this contract must be written and authorized by both
parties, involving the implementation of a new version of the contract as a whole
following standard procedures of documentation and approval.

11. Uniform commercial code

The above terms incorporate Article 2 of the Uniform Commercial Code.

12. Code of fair practice

The Client and the Developer agree to comply with the provisions of the Code of
Fair Practice (which is in the Ethical Standards section of chapter 1, Professional

13. Code of fair practice

The Developer warrants and represents that, to the best of his/her knowledge,
the work assigned hereunder is original and has not been previously published,
or that consent to use has been obtained on an unlimited basis; that all work or
portions thereof obtained through the undersigned form third parties is original or,
if previously published, that consent to use has been obtained on an unlimited
basis; that the Developer has full authority to make this agreement; and that the
work prepared by the Developer does not contain any scandalous, libelous, or
unlawful matter. This warranty does not extend to any uses that the Client or
others may make of the Developer’s product that may infringe on the rights of
others. Client expressly agrees that it will hold the Developer harmless for all
liability caused by the Client’s use of the Developer’s product to the extent such
use infringes on the rights of others.

14. Limitation of liability

Client agrees that it shall not hold the Developer or his/her agents or employees
liable for any incidental or consequential damages that arise from the
Developer’s failure to perform any aspect of the project in a timely manner,
regardless of whether such failure was caused intentional or negligent acts or
omissions of the Developer or Client, any client representatives or employees, or
a third party.

15. Dispute Resolution

Any disputes in excess of maximum limit for small-claims court arising out of this
Agreement shall be submitted to binding arbitration before a mutually agreed upon
arbitrator pursuant to the rules of the American Arbitration Association. The
Arbitrator’s award shall be final, and judgment may be entered in any court
having jurisdiction thereof. The client shall pay all arbitration and court cost,
reasonable attorney’s fees, and legal interest on any award of judgment in favor
of the Developer. All actions, whether brought by client or by Developer will be
filed in the Developer's state/county of business/residence.
This contract is held accountable to the legal system of Colorado and any
applicable statutes held therein.

16. Acceptance of terms

The action of the sending and receipt of this agreement via electronic method will
hold both parties in acceptance of these terms. The Developer as sender and the
client as recipient will acknowledge acceptance of these terms either through an
e-mail noting acceptance or acceptance is acknowledged at the beginning of any
work on said project. Electronic signatures shall be considered legal and binding.