These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client", "you", or "your") and Digital Minds Solutions LLC ("DMS", "we", "us", or "our"), a limited liability company organised under the laws of the State of Texas, United States.
By accessing or using our website at digitalminds.solutions (the "Site"), booking a consultation, or engaging DMS for services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Site or services.
These Terms apply to all visitors, clients, and others who access or use our Site. They are supplemented by any written service agreement or proposal we provide to you for specific projects, which takes precedence in the event of any conflict.
Digital Minds Solutions LLC provides digital marketing and technology services including, but not limited to: website design and development, search engine optimisation (SEO), answer engine optimisation (AEO), generative engine optimisation (GEO), paid media management (Google Ads, Meta Ads, LinkedIn Ads), brand identity design, email marketing and automation, social media content strategy and management, and conversion rate optimisation (CRO).
Specific deliverables, timelines, and pricing for each project are defined in a written proposal or service agreement provided before work commences. No work begins until a proposal is signed and a deposit or initial payment is received as specified therein.
We reserve the right to modify, suspend, or discontinue any service or feature at any time with reasonable notice to affected clients.
To enable us to deliver our services effectively, you agree to:
All fees are specified in the written proposal or service agreement. All amounts are in United States Dollars (USD) unless otherwise stated. Our pricing ranges are published on our website for guidance; final fees are fixed in the signed proposal.
Project fees are typically structured as follows, unless otherwise agreed in writing:
Invoices not paid within the agreed payment terms are subject to a late fee of 1.5% per month on the outstanding balance. DMS reserves the right to pause or suspend work on any project where payments are more than 14 days overdue.
All fees are exclusive of applicable taxes. If applicable, sales tax, VAT, or other taxes will be added to invoices as required by law.
Deposits and payments made for work already commenced are non-refundable. If a project is terminated by the client after work has commenced, the client will be invoiced for the proportion of work completed at the time of termination, calculated at the project's daily rate. Any amount paid in excess of work completed will be refunded within 14 business days.
Upon receipt of full payment for a project, DMS assigns to the client all intellectual property rights in the final deliverables produced specifically for that project ("Work Product"), including copyrights, except as noted in Section 5.2 below.
DMS retains all rights in its pre-existing intellectual property, proprietary tools, methodologies, frameworks, templates, and know-how used in the delivery of services. Any third-party software, stock assets, fonts, or licensed components incorporated in deliverables remain subject to their respective third-party licences, which will be disclosed to the client.
Unless otherwise agreed in writing, DMS reserves the right to reference and display completed work in its portfolio, case studies, website, and marketing materials. We will seek client approval before publishing any confidential business metrics as part of a case study.
The client grants DMS a limited, non-exclusive licence to use client-provided content (logos, images, copy, trademarks) solely for the purpose of providing the agreed services. The client represents and warrants that they have all necessary rights to provide such content to DMS.
Each party agrees to keep confidential any non-public, proprietary, or sensitive information received from the other party in connection with the services ("Confidential Information"). Confidential Information does not include information that is or becomes publicly available through no fault of the receiving party, was already known to the receiving party, or is independently developed without reference to the Confidential Information.
This confidentiality obligation survives the termination of any service agreement for a period of 3 years.
DMS warrants that services will be performed in a professional and workmanlike manner consistent with industry standards. DMS does not warrant specific outcomes such as search engine rankings, advertising return on investment, or revenue increases, as these depend on factors outside our control including algorithm changes, market conditions, and client-side execution.
Except as expressly stated in these Terms or a signed service agreement, our services and Site are provided "as is" and "as available" without any warranties of any kind, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement.
DMS makes no guarantee of specific results including search engine ranking positions, advertising performance metrics, or revenue outcomes. Past results achieved for other clients are illustrative and not a guarantee of future performance.
To the maximum extent permitted by applicable law, Digital Minds Solutions LLC and its members, employees, and contractors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or in connection with our services or these Terms, even if advised of the possibility of such damages.
In no event shall DMS's total cumulative liability to any client arising out of or related to these Terms or the services exceed the total fees paid by that client to DMS in the 12 months immediately preceding the event giving rise to the claim.
Nothing in these Terms shall limit or exclude liability for fraud, death or personal injury caused by negligence, or any other liability that cannot be excluded or limited by Texas law.
A client may terminate a project engagement by providing written notice to DMS. In the event of termination, the client shall pay for all work completed up to the date of termination in accordance with Section 4.5 (Refunds).
DMS may terminate a service engagement immediately upon written notice if the client: materially breaches these Terms and fails to cure such breach within 14 days of written notice; fails to make payment and the overdue balance is not settled within 14 days of notice; or engages in conduct that DMS reasonably determines is harmful, unethical, or illegal.
Upon termination, DMS will provide the client with all completed work product for which full payment has been received. Sections 4 (Payment), 5 (IP), 6 (Confidentiality), 7 (Warranties), 8 (Liability), and 11 (Governing Law) survive termination.
You may use our Site for lawful purposes only. You agree not to use our Site in any way that violates any applicable federal, state, local, or international law; to transmit any unsolicited or unauthorised advertising material; to impersonate DMS or any person; to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site; or to attempt to gain unauthorised access to any part of our Site or systems.
We reserve the right to restrict or terminate access to our Site for any user who violates these Terms or for any other reason at our sole discretion.
All content on the Site, including text, graphics, logos, images, and software, is the property of Digital Minds Solutions LLC or its content suppliers and is protected by copyright and other intellectual property laws. You may not reproduce, distribute, or create derivative works from Site content without our express written permission.
These Terms and any disputes arising out of or related to them or our services shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions.
Any legal action or proceeding arising out of these Terms shall be brought exclusively in the state or federal courts located in Harris County, Texas, and you consent to personal jurisdiction in those courts.
Before initiating any legal proceedings, both parties agree to attempt to resolve disputes in good faith through direct negotiation. If direct negotiation fails, the parties agree to attempt mediation through a mutually agreed mediator before resorting to litigation.
We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last updated" date at the top of this page. Continued use of our Site or services after changes become effective constitutes your acceptance of the revised Terms.
For existing client engagements, material changes to these Terms that affect those engagements will not apply until the current engagement ends or the client is given 30 days' notice, whichever is earlier.
For any questions about these Terms, please contact us:
Digital Minds Solutions LLC
Houston, Texas, United States
Email: digitalmindss01@gmail.com
WhatsApp: +44 7426 427646
Book a call: cal.com/digitalminds-fx51uj