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Terms of Service

Effective Date: July 24, 2026

Last Updated: July 24, 2026

Binding agreement: These Terms of Service (the “Terms”) form a binding contract between you (“Client,” “you,” or “your”) and Hartsoft (“Hartsoft,” “we,” “us,” or “our”). By checking the box to accept these Terms at checkout, completing payment, submitting a questionnaire or intake materials, instructing us to begin work, or otherwise using our services, you agree to these Terms in full. If you do not agree, do not purchase or use the services.

1. Definitions and Service Overview

Hartsoft provides managed website development, hosting, maintenance, and related digital services for businesses. Services may include design and development of a website, hosting, content updates, technical support, performance work, and related assistance as described at purchase or in writing.

“Website Materials” means the website’s code, structure, layout, design system, templates, component kits, styling, scripts, build tooling, and any derivative works thereof created or provided by Hartsoft—excluding your Client Content.

“Client Content” means text, images, logos, trademarks, videos, and other materials you supply or that are specific to your business identity and that you own or are authorized to use.

“Service Term” means the period during which you are entitled to the hosted website and included services under the payment option you selected, subject to these Terms.

2. Offerings and Fees

Unless we confirm different fees in a written quote you accept, the following apply:

2.1 Monthly Website Service (standard offering)

  • Price: $0 due at signup for the build as a separate setup fee; $150.00 USD per month, billed in advance.
  • Includes: development of a standard business website from our systems, hosting, analytics as we deem appropriate, ongoing updates we determine necessary, support, and unlimited content edits as defined in Section 5.
  • Minimum commitment: an initial six (6) consecutive months (the “Minimum Term”), beginning on the date your first recurring payment is successfully processed (or on another start date we confirm in writing).

2.2 Prepaid Website Service (optional)

  • Build fee: $1,800.00 USD total—50% due before work begins, 50% due before or at launch (site will not launch until the balance is paid).
  • Ongoing: $25.00 USD per month for hosting and limited maintenance, billed in advance after launch (or as otherwise agreed in writing).
  • Prepaid does not expand included edits beyond Section 5 unless we agree in writing.

2.3 Custom work

Integrations, multi-location systems, membership features, ecommerce beyond a simple brochure presence, applications, or other non-standard work require a separate written quote. Work outside the standard brochure website scope is billable even if requested after purchase.

2.4 Price display; no oral overrides

Public pricing on hartsoft.io describes the standard offerings. No employee, contractor, or agent may modify these Terms or waive fees orally. Changes require our written confirmation (email sufficient).

3. Acceptance, Payment, and Non-Refundability

3.1 Formation of contract

These Terms are the entire agreement for the standard offerings unless we both sign a separate written agreement that expressly states it supersedes these Terms. Checkout acknowledgment (including Stripe’s terms-acceptance control), payment, or commencement of work constitutes acceptance. You represent that you have authority to bind the business named in checkout or intake.

3.2 Billing

  • Monthly fees are charged in advance on a recurring basis to the payment method you provide. You authorize Hartsoft and its processors (including Stripe) to store your payment method and charge all amounts due under these Terms.
  • Failed payments, expired cards, chargebacks, or payment disputes do not cancel the Minimum Term or your payment obligations.
  • Fees are stated in USD and exclude taxes unless noted. You are responsible for applicable taxes.
  • Fees are not prorated for partial months.

3.3 Non-refundable

All fees paid are non-refundable, including after cancellation, non-use, delay in providing materials, dissatisfaction with aesthetic preferences after approval or launch, or failure to achieve any particular business result. The sole exception is a refund we expressly approve in writing.

3.4 Suspension for non-payment

If any amount is past due, we may immediately suspend the website, remove it from public access, pause edits and support, and/or terminate the Service Term. Suspension does not waive amounts owed, including accelerated Minimum Term amounts under Section 11.

4. Client Obligations and Delays

  • You must timely provide accurate business information, Client Content, access to domain DNS when required, and approvals.
  • If you do not provide required materials within ten (10) days of our request, we may proceed using placeholders derived from publicly available information, pause the project, or both. Timelines pause while we wait on you.
  • You are solely responsible for the legality, accuracy, and rights to use Client Content (including photos, claims, pricing, and regulated statements).
  • You will not use the website for unlawful, infringing, deceptive, or abusive purposes.

We do not guarantee search rankings, traffic, leads, sales, or any business outcome. Performance metrics (including speed scores) are targets we pursue in good faith, not warranties.

5. Scope of Included Changes

5.1 Included (monthly service while in good standing)

  • Content edits: text updates, swapping images you provide, hours, addresses, phone numbers, simple service descriptions, and similar factual updates
  • Correction of defects caused by our code or hosting configuration within our control
  • Routine maintenance, security patches we deem appropriate, and performance upkeep we deem appropriate

5.2 Not included (quoted separately unless we agree otherwise in writing)

  • Full redesigns, new visual directions, or re-architecture
  • New features, workflows, booking systems, memberships, portals, or substantial new page types beyond the original scope
  • Copywriting packages, photography, branding/logo design, or marketing campaigns
  • Third-party integrations not included at purchase
  • Work caused by your or a third party’s changes to DNS, domains, or external accounts

5.3 Classification

Hartsoft has the sole discretion to classify a request as included or billable based on complexity, time, and whether it is a content update versus new work. Our classification is final for billing purposes. Prepaid monthly hosting includes routine content fixes at our discretion and does not include unlimited redesign or feature work.

6. Hosting, Access, and Control

  • Websites are typically hosted on infrastructure we select (including Cloudflare). We may change providers without reducing the core service.
  • You are not entitled to administrative logins, source repositories, build pipelines, or hosting control panels for the monthly service. We operate and edit the site for you.
  • Third-party platform outages, DNS issues, registrar problems, and internet failures are outside our control.
  • We may perform maintenance that temporarily affects availability.

7. Intellectual Property; License; No Ownership of Website Materials

7.1 Your content

You retain ownership of Client Content. You grant Hartsoft a worldwide, non-exclusive license to use Client Content as needed to provide the services.

7.2 Our materials

Hartsoft retains all right, title, and interest in and to the Website Materials, including all intellectual property rights. Purchase of services is not a sale of the website, code, or design.

7.3 License during paid monthly service

While your monthly account is paid and in good standing, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the hosted website solely for your internal business marketing. The license ends automatically upon cancellation, non-payment, suspension, or termination. When the license ends, we may take the site offline. Your domain registration and Client Content remain yours; you are responsible for pointing DNS elsewhere.

7.4 Prepaid service

For the prepaid build option, upon full payment of the build fee we will provide the agreed hosted implementation and, if expressly confirmed by us in writing, a copy of agreed deliverable files. Kits, generators, design systems, internal tools, and unagreed source assets remain Hartsoft property. Ongoing hosting still requires paid monthly fees; non-payment of hosting may result in the site being taken offline even if a build fee was paid.

7.5 Prohibited copying; liquidated damages

You may not copy, scrape, reconstruct, hire another party to recreate from our implementation, or otherwise misappropriate Website Materials for use with another provider or on another host, except Client Content you own. Because actual damages from such misuse are difficult to calculate, if you breach this Section 7.5 you agree to pay Hartsoft liquidated damages of $3,000.00 USD per website instance, which is a reasonable pre-estimate of loss and not a penalty, without limiting our right to injunctive relief or additional damages where legally permitted.

8. Approvals and Launch

We may provide a demo or preview for your review. Approval (written or by payment of a launch-related invoice, or by requesting go-live) authorizes launch. After launch, aesthetic preference changes may be treated as billable redesign under Section 5.

9. Support

Support is provided via email or other channels we designate, during reasonable business hours we set. Response times vary. Emergency handling is at our discretion. Support does not include training your staff to become web developers or unlimited strategy consulting.

10. Disclaimers; Limitation of Liability

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, HARTSOFT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION, SEARCH RANKINGS, OR BUSINESS RESULTS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HARTSOFT IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR BUSINESS INTERRUPTION, REGARDLESS OF THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY.

OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE AMOUNTS YOU ACTUALLY PAID TO HARTSOFT FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THOSE CASES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED.

11. Term, Cancellation, and Early Termination

11.1 Minimum Term (monthly service)

For the monthly service, you commit to the Minimum Term of six (6) months. You may not cancel effective during the Minimum Term to avoid remaining monthly fees.

11.2 Early termination / cancellation during Minimum Term

If you cancel, stop paying, charge back, or otherwise end the monthly service before the Minimum Term is completed—or if we terminate for your breach—you remain liable for all monthly fees for the unused remainder of the Minimum Term, which become immediately due and payable as a cancellation fee equal to those remaining months (for example, canceling after month two of six leaves four months at $150.00, totaling $600.00, in addition to any other amounts owed). You authorize us to charge your payment method for that amount. This is a reasonable pre-estimate of our unrecovered build and onboarding costs and lost subscription value, not a penalty.

11.3 After the Minimum Term

After the Minimum Term, the monthly service continues month-to-month. You may cancel effective at the end of a then-current paid month by providing at least thirty (30) days’ prior written notice to the email in Section 15, provided all amounts due are paid. We may cancel month-to-month service with thirty (30) days’ notice, or immediately for non-payment or breach.

11.4 Effect of end of service

Upon cancellation or termination: (a) your license under Section 7 ends; (b) we may disable or delete the hosted site; (c) we have no obligation to export Website Materials; (d) we may, at our option and for a fee, assist with limited transition of Client Content only.

11.5 Prepaid build fees

Prepaid build fees are non-refundable once work has begun. If you abandon the project after paying the first 50%, that payment is forfeited. The second 50% remains due before launch materials are released or the site goes live.

12. Privacy

Our handling of personal information is described in our Privacy Policy. You are responsible for privacy and compliance obligations related to your website, forms, and customer data.

13. Indemnification

You will defend, indemnify, and hold harmless Hartsoft and its owners, employees, and agents from claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of Client Content, your business practices, your breach of these Terms, or your misuse of the services.

14. Dispute Resolution; Governing Law

These Terms are governed by the laws of the State of Tennessee, excluding conflict-of-law rules. Exclusive venue for disputes lies in the state or federal courts located in Tennessee, and you consent to personal jurisdiction there—except that Hartsoft may seek injunctive relief in any jurisdiction to protect intellectual property or prevent misuse of Website Materials.

Before filing a claim, you agree to attempt good-faith resolution by emailing us and allowing thirty (30) days to respond. Failure to follow this process may be raised as a defense, to the extent permitted by law.

15. Changes to These Terms

We may update these Terms by posting a revised version with a new “Last Updated” date. For material changes affecting an active paid Service Term, we will provide notice by email or site notice where practicable. Continued payment or use after the effective date constitutes acceptance. If you do not agree to material changes, your sole remedy is to cancel under Section 11 (subject to the Minimum Term and amounts owed).

16. Miscellaneous

  • Severability: If any provision is unenforceable, the remainder stays in effect, and the unenforceable provision will be modified to the minimum extent necessary to be enforceable.
  • Waiver: Failure to enforce a provision is not a waiver of future enforcement.
  • Assignment: You may not assign these Terms without our consent. We may assign to an affiliate or successor.
  • Force majeure: We are not liable for delays or failures due to events beyond our reasonable control.
  • Entire agreement: These Terms (plus any written quote we issue and you accept that expressly references them) are the entire agreement and supersede prior discussions regarding the standard offerings.
  • Notices: Notices to Hartsoft must be sent to the email below. Notices to you may be sent to the email used at checkout or intake.

17. Contact

  • Email: hartsoftsolutions@gmail.com
  • Website: https://hartsoft.io

By accepting these Terms at checkout or using the services, you confirm that you have read, understood, and agree to be bound by them.