Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your use of services provided by SwyftMint ("we," "our," or "us"), a sole proprietorship operating in California, USA.

By subscribing to our services, you agree to be bound by these Terms.

2. Services

SwyftMint provides website design and hosting services, including:

• Local Business Plan: Up to 3 pages + homepage, custom design, mobile-friendly, contact form, hosting, annual domain registration, optional monthly edits.
• Premium Plan: Up to 10 pages + homepage, custom design, mobile-friendly, contact form, hosting, annual domain registration, optional form submission integration, up to 3 custom email addresses, optional monthly edits.

3. Subscription & Billing

• Subscriptions are billed on a monthly basis via Stripe.
• Monthly billing occurs on the same calendar day each month corresponding to the subscription start date. For months with fewer days than the subscription start day (e.g., February), Stripe automatically adjusts the billing date to the last day of the month.
• Payment amounts: $50 for Local Business, $90 for Premium.
• Payment is authorized through Stripe, and by subscribing, you agree to recurring monthly billing until cancellation.
• Late payments have a 3-day grace period; after which service may be suspended and a late fee up to 1.5× the monthly rate may apply.
• Nonpayment may result in suspension or termination of hosting and domain registration.

4. Refunds & Cancellation

• No prorated refunds are provided. Service continues until the end of the paid billing period upon cancellation.
• Unreasonable requests may result in termination and a full refund minus Stripe processing fees (2.9% + $0.30).
• After termination or cancellation, customers may purchase the website software for $300 (subject to change) plus any domain renewal fees.

5. Ownership & Intellectual Property

• SwyftMint retains ownership of all website files, software, and domains until buyout.
• Customer-provided content (text, images, logos) remains the property of the customer.
• Third-party licenses, stock images, AI-generated content, or tools used may not transfer to the customer.
• SwyftMint may showcase completed websites in portfolios or advertising.

6. Domain Names

• We will spend up to $50/year per domain. If a requested domain exceeds this, a different domain may be selected.
• Domain transfer upon buyout requires a $30 transfer fee.
• If the customer does not purchase the domain after cancellation, we retain it until registration expires.

7. Website Edits

• One monthly edit request is included, covering text, images, contact info, hours/services/pricing, and minor layout adjustments.
• Each edit request is limited to 60 minutes. Changes exceeding this may be carried to the next month or quoted separately.
• New pages within plan limits count toward the monthly edit.
• Additional work outside included edits is billed at $20/hour.
• Rush or emergency edits are excluded unless separately agreed.
• Edit requests must be submitted in writing via email.

8. Consultations & Project Approval

• Each project includes up to 4 consultations (initial call + presentation of changes).
• Additional consultations are $15 each.
• Customers must respond to feedback within 30 days; otherwise, the project may be considered abandoned.

9. Customer Responsibilities

• Customers are responsible for providing accurate, legal, and original content.
• Illegal, offensive, adult, defamatory, or copyrighted content is prohibited.
• We reserve the right to refuse unreasonable content or industries.

10. Hosting, Availability & Security

• No guarantee of 24/7 website uptime.
• We disclaim liability for outages, lost data, lost profits, or issues caused by third-party services.
• Customers are responsible for securing passwords. We are not liable for hacking, malware, phishing, or data loss.

11. AI-Generated Content

• Some websites may include AI-generated content.
• Customers consent to AI usage and are responsible for reviewing and approving content before launch.
• We disclaim liability for inaccuracies or similarities to existing works.

12. Email & Form Integrations

• Custom emails (up to 3) and form submission integrations are provided upon request and rely on third-party services.
• Customers must comply with spam, privacy, and data protection laws for forms.

13. Privacy

• Customers are responsible for complying with laws regarding visitor data.
• A separate Privacy Policy governs additional data collection or processing.

14. Termination

• We may terminate service for nonpayment, abuse, harassment, illegal content, or unreasonable requests.
• Customers have 30 days post-termination to purchase the website software and domain.
• Customer content is retained for 1 year after termination unless otherwise requested.

15. Limitation of Liability & Indemnity

• Our liability is capped at the total payments received in the last 3 months.
• We are not liable for indirect, incidental, consequential, or punitive damages, including lost revenue, profits, leads, or reputation.
• Customers indemnify and hold SwyftMint harmless from claims arising from content they provide.

16. Plan-Specific Limitations

Local Business Plan

• 3 pages + homepage
• No ecommerce, booking systems, or advanced integrations

Premium Plan

• 10 pages + homepage
• Up to 3 custom emails
• Optional form submission integration
• No ecommerce, memberships, or advanced web apps

17. Governing Law & Dispute Resolution

• These Terms are governed by California law.
• Disputes require mediation in good faith, followed by binding arbitration if unresolved.
• Customers waive class action rights.

18. Changes to Terms

SwyftMint may update these Terms at any time. Continued use of our services constitutes acceptance of the updated Terms.

By subscribing to SwyftMint services, you acknowledge that you have read, understood, and agree to these Terms of Service.

Late Payment Addendum

SwyftMint will send the Client a warning email when a payment is missed to notify the Client of the three (3) day grace period. SwyftMint will also send at least one (1) additional warning email per month while the account remains unpaid, including reminders before the next recurring payment date whenever reasonably possible.

If a payment fails or is missed, the Client will have a three (3) day grace period to submit payment.

If payment is not received within the three (3) day grace period, a late fee of $10.00 will be added to the outstanding balance.

The Client must pay all missed subscription payments and any accumulated late fees before the next scheduled monthly billing date. If the Client does not do so, SwyftMint may deactivate the Client's website, hosting, email services, and related services. SwyftMint will continue to retain the website files, content, and other materials needed to restore the website in the future.

A deactivated website will remain offline until all overdue subscription payments and late fees are paid in full.

For each additional month that payment is missed, another $10.00 late fee will be added in addition to the unpaid monthly subscription charges.

If the Client's website is deactivated, SwyftMint will continue renewing the Client's domain name if it expires within nine (9) months of the first missed payment. If the domain would expire more than nine (9) months after the first missed payment, SwyftMint may allow the domain to expire normally.

Upon domain expiration following nonpayment, SwyftMint may terminate the Client's services and permanently delete website files, code, content, project materials, and related information.