Terms and Conditions

Last Updated: January 2025

1. Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you and Bright Signal Creative ("Company," "we," "us," or "our") concerning your access to and use of the your-domain.com website and any related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Services.

2. Eligibility

You must be at least 18 years of age to use our Services. By using our Services, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

If you are using our Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

3. Services

Bright Signal Creative provides creative and digital services including but not limited to:

  • Web design and development
  • Brand identity and graphic design
  • Digital marketing services
  • Content creation and strategy
  • Consulting services

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without prior notice.

4. User Accounts

To access certain features of our Services, you may be required to create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Maintain the security of your account credentials
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized access

We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our sole discretion.

5. Intellectual Property Rights

5.1 Our Content

All content on our website, including text, graphics, logos, images, audio clips, digital downloads, and software, is the property of Bright Signal Creative or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

5.2 Client Work

Upon full payment for services rendered, clients receive ownership rights to the final deliverables as specified in individual project agreements. We retain the right to use completed work in our portfolio and marketing materials unless otherwise agreed in writing.

5.3 License to Use Our Services

We grant you a limited, non-exclusive, non-transferable license to access and use our Services for your personal or internal business purposes, subject to these Terms.

6. Prohibited Uses

You agree not to use our Services to:

  • Violate any applicable laws or regulations
  • Infringe upon the intellectual property rights of others
  • Transmit harmful, threatening, abusive, or defamatory content
  • Distribute viruses, malware, or other malicious code
  • Attempt to gain unauthorized access to our systems
  • Engage in any automated data collection without permission
  • Impersonate any person or entity
  • Interfere with other users' use of the Services
  • Use the Services for any illegal or unauthorized purpose
  • Transmit spam or unsolicited communications

7. Payment and Fees

7.1 Pricing

Prices for our Services are specified in individual project proposals or agreements. All prices are in United States Dollars (USD) unless otherwise stated.

7.2 Payment Terms

Payment terms will be outlined in your project agreement. Typically, we require a deposit before commencing work, with the balance due upon completion or according to milestone schedules.

7.3 Late Payments

Late payments may incur interest charges at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.

7.4 Refunds

Refund policies are project-specific and will be detailed in individual agreements. Generally, deposits are non-refundable once work has commenced.

8. Limitation of Liability

8.1 Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BRIGHT SIGNAL CREATIVE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your access to or use of or inability to access or use the Services
  • Any conduct or content of any third party on the Services
  • Any content obtained from the Services
  • Unauthorized access, use, or alteration of your transmissions or content

8.3 Liability Cap

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

9. Indemnification

You agree to defend, indemnify, and hold harmless Bright Signal Creative and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms
  • Your use of the Services
  • Your violation of any rights of another party
  • Your violation of any applicable laws or regulations

10. Termination

10.1 Termination by You

You may terminate your account at any time by contacting us at [email protected]. You remain responsible for all charges incurred prior to termination.

10.2 Termination by Us

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

10.3 Effect of Termination

All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which Bright Signal Creative is registered, without regard to its conflict of law provisions.

You agree to submit to the personal and exclusive jurisdiction of the courts located within the United States for the resolution of any disputes arising from or relating to these Terms or the Services.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating formal proceedings, you agree to first contact us at [email protected] to attempt to resolve any dispute informally. We will work in good faith to resolve the matter within thirty (30) days.

12.2 Arbitration

If informal resolution is unsuccessful, any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in the English language in the United States.

12.3 Class Action Waiver

YOU AGREE THAT ANY PROCEEDINGS TO RESOLVE DISPUTES WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

13. Third-Party Links and Services

Our Services may contain links to third-party websites or services that are not owned or controlled by Bright Signal Creative. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

14. Privacy

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection and use of your personal information.

15. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. We will provide notice of material changes by posting the updated Terms on this page and updating the "Last Updated" date.

Your continued use of the Services after any such changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Services.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

17. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Services, constitute the entire agreement between you and Bright Signal Creative concerning the Services and supersede all prior agreements and understandings.

18. Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

19. Assignment

You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, without our prior written consent. We may assign these Terms or any rights under these Terms without your consent.

20. Contact Information

If you have any questions about these Terms, please contact us:

Bright Signal Creative

Email: [email protected]

Website: your-domain.com

Acknowledgment

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.