1. Agreement to Terms
Welcome to Dreamless ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the website located at dreamlessweb.com (the "Site") and any services provided by Dreamless (collectively, the "Services").
By accessing or using our Site or Services, you ("Client," "you," or "your") agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Site or Services. If you are entering into these Terms on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms.
We encourage you to read these Terms carefully before using our Services. Your continued use of the Site or Services following any changes to these Terms constitutes your acceptance of those changes.
2. Description of Services
Dreamless is a web design agency that provides custom website design, development, and related digital services for local businesses, including but not limited to plumbers, salons, fitness studios, HVAC companies, landscaping businesses, dental practices, and cafes.
Our Services include:
- Custom website design and development — Professionally designed websites tailored to your business needs and local market.
- Website hosting — Reliable web hosting as part of the monthly subscription plan.
- Security updates and maintenance — Regular security patches, software updates, and ongoing technical maintenance to keep your site safe and running smoothly.
- Content edits — Reasonable content updates and modifications as included in the monthly plan (e.g., updating business hours, adding new service descriptions, refreshing images).
- Basic search engine optimization (SEO) — Foundational SEO setup and ongoing optimization to help your business appear in local search results.
- Priority support — Responsive support from our team for any website-related questions or issues.
The specific scope of Services provided will depend on the plan selected and any additional agreements made between you and Dreamless. We reserve the right to modify, update, or discontinue any aspect of our Services at any time with reasonable notice to affected Clients.
3. Free Preview
Dreamless offers a free design preview to prospective Clients. We will build a custom preview of your website at no cost and with no obligation to purchase.
The free preview is subject to the following terms:
- No cost, no obligation. The free preview is provided entirely free of charge. You are under no obligation to proceed with our Services after reviewing the preview.
- Ownership of preview work. Dreamless retains full ownership of all design work, code, assets, and materials created as part of the free preview until full payment of the launch fee is received. You may not copy, reproduce, distribute, or use the preview materials in any form without our express written consent.
- Purpose. The free preview is intended solely to demonstrate our design capabilities and to help you evaluate whether our Services are the right fit for your business.
- Modifications. Reasonable revisions to the preview design may be offered at our discretion prior to launch.
4. Pricing and Payment
Our current pricing structure is as follows:
- One-time launch fee: $497 — A one-time fee due upon approval of your free preview to finalize, build, and launch your custom website.
- Monthly subscription: $97/month — An ongoing monthly fee that covers website hosting, security updates, content edits, basic SEO, and priority support.
Payment terms:
- The one-time launch fee is due upon your approval of the free preview and your decision to proceed with our Services. No payment is required until you love your preview.
- Monthly billing begins after your website is launched and goes live.
- All payments are processed through our designated payment provider. You agree to provide accurate and complete billing information.
- Prices are subject to change. We will provide at least thirty (30) days' written notice before any price changes take effect for existing Clients. New pricing will apply at the start of the next billing cycle following the notice period.
- If a payment fails or is declined, we may suspend access to the Services until the outstanding balance is resolved.
5. Cancellation and Refunds
We believe in earning your business every month. Our cancellation policy is straightforward:
- Cancel anytime. You may cancel your monthly subscription at any time. There are no long-term contracts and no cancellation fees.
- Effective date. Cancellation takes effect at the end of your current billing period. You will continue to have access to your website and all Services until the end of the period you have already paid for.
- Website removal. Upon cancellation, your website will be taken offline within thirty (30) days following the end of your last paid billing period.
- Launch fee. The one-time launch fee of $497 is non-refundable once design and development work has begun. If we have not yet started work on your project, we will provide a full refund upon request.
- Content return. Upon cancellation, your content (text, images, logos, and other materials you provided) will be returned to you upon written request within sixty (60) days of cancellation. See Section 6 (Intellectual Property) for details on ownership.
To cancel your subscription, please contact us by phone at (405) 461-5900 or through our website. We will confirm your cancellation in writing.
6. Intellectual Property
Our property
Dreamless retains all ownership rights, title, and interest in and to the following:
- All source code, design templates, frameworks, libraries, and proprietary tools used in the creation of your website.
- Any original design elements, layouts, and visual concepts created by Dreamless.
- The Dreamless brand, trademarks, logos, and proprietary materials.
Your property
You retain all ownership rights, title, and interest in and to the following:
- Text, copy, and written content you provide for your website.
- Images, photographs, and visual media you supply.
- Your business name, logo, trademarks, and branding materials.
- Any proprietary business information or data you share with us.
License
While your monthly subscription is active, Dreamless grants you a non-exclusive, non-transferable, revocable license to use the website we create for your business for its intended commercial purpose. This license terminates upon cancellation of your subscription.
You grant Dreamless a non-exclusive license to use your content (business name, logo, images, text) solely for the purpose of designing, developing, hosting, and maintaining your website. We may also display your completed website in our portfolio with your consent.
Post-cancellation
Upon cancellation of your subscription, your content will be returned to you upon written request. You may not continue to use the website design, code, or any Dreamless proprietary materials after your subscription ends.
7. Client Responsibilities
To enable us to deliver the best possible service, you agree to the following responsibilities:
- Accurate information. You will provide accurate, complete, and current business information for use on your website, including business name, address, phone number, service descriptions, and hours of operation.
- Timely communication. You will respond to our communications, questions, and requests for approval within a reasonable timeframe (generally within five business days) to avoid delays in your project.
- Content rights. You represent and warrant that all content you provide to us (including text, images, logos, and other materials) does not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party. You are solely responsible for obtaining all necessary permissions and licenses for content you supply.
- Payment information. You will maintain accurate and up-to-date payment information on file and promptly update it if changes occur.
- Legal compliance. You will ensure that your business and the use of your website comply with all applicable local, state, and federal laws and regulations.
- Feedback and approvals. You will provide clear, constructive feedback during the design process and provide timely approval at key milestones.
8. Website Hosting and Maintenance
As part of your monthly subscription, Dreamless provides website hosting and ongoing maintenance. The following terms apply:
- Hosting. We provide reliable web hosting for your website on industry-standard infrastructure. While we strive for maximum uptime, we do not guarantee 100% availability. Occasional downtime may occur due to maintenance, updates, server issues, or circumstances beyond our control.
- Security updates. We will perform regular security updates and patches to help protect your website from known vulnerabilities and threats.
- Maintenance. Routine maintenance may be performed as needed to ensure optimal performance. We will endeavor to schedule planned maintenance during low-traffic periods and provide advance notice when possible.
- Content edits. Reasonable content updates are included in your monthly plan. This includes updates such as changing business hours, modifying service descriptions, updating contact information, and similar routine edits. Extensive redesigns, new feature development, or significant structural changes may incur additional charges, which will be communicated and agreed upon in advance.
- Backups. We maintain regular backups of your website. However, we recommend that you also keep copies of any content or materials you provide to us.
9. Acceptable Use
You agree not to use our Services or any website created by Dreamless for any unlawful, harmful, or prohibited purpose. Specifically, you agree not to:
- Use the Services for any illegal activity or in violation of any applicable local, state, national, or international law or regulation.
- Publish, host, or distribute content that is defamatory, obscene, threatening, abusive, hateful, discriminatory, or otherwise objectionable.
- Use the website to distribute spam, malware, viruses, or any other harmful or malicious code.
- Attempt to gain unauthorized access to our systems, servers, networks, or any other infrastructure used to provide the Services.
- Interfere with or disrupt the integrity, performance, or availability of the Services or any related systems.
- Engage in any activity that imposes an unreasonable or disproportionately large load on our infrastructure.
- Use the Services to infringe upon the intellectual property rights of any third party.
- Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying technology of our Services.
We reserve the right to suspend or terminate your access to the Services immediately and without notice if we reasonably believe you are in violation of this Acceptable Use policy.
10. Limitation of Liability
To the maximum extent permitted by applicable law:
- Dreamless's total aggregate liability to you for any and all claims arising out of or relating to these Terms or the Services shall not exceed the total amount you have paid to Dreamless during the twelve (12) months immediately preceding the event giving rise to the claim.
- In no event shall Dreamless be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, revenue, goodwill, business opportunities, data, or other intangible losses, regardless of whether such damages were foreseeable and whether or not Dreamless was advised of the possibility of such damages.
- Dreamless shall not be liable for any loss or damage arising from events beyond our reasonable control, including but not limited to natural disasters, power outages, internet service disruptions, cyberattacks, acts of government, or other force majeure events.
The Services are provided on an "as is" and "as available" basis. Dreamless makes no warranties or representations, express or implied, regarding the Services, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or any warranty arising from course of dealing or usage of trade. We do not warrant that the Services will be uninterrupted, error-free, secure, or free of harmful components.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability for certain types of damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.
11. Indemnification
You agree to indemnify, defend, and hold harmless Dreamless, its owners, officers, employees, agents, contractors, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use of the Services or any website created by Dreamless on your behalf.
- Any content, materials, or information you provide to Dreamless.
- Your breach of these Terms or any representation or warranty made by you herein.
- Your violation of any applicable law, regulation, or third-party rights.
- Any dispute or claim between you and any third party arising from or related to your website or business.
This indemnification obligation shall survive the termination of these Terms and your use of the Services.
12. Dispute Resolution
Good faith negotiation
In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Services ("Dispute"), the parties agree to first attempt to resolve the Dispute through good faith negotiation. Either party may initiate the negotiation process by providing written notice to the other party describing the nature of the Dispute and the relief sought. The parties shall use reasonable efforts to resolve the Dispute within thirty (30) days of such notice.
Binding arbitration
If the Dispute cannot be resolved through good faith negotiation within thirty (30) days, the Dispute shall be resolved by final and binding arbitration administered in accordance with the rules of the American Arbitration Association ("AAA"). The arbitration shall be conducted by a single arbitrator in Oklahoma City, Oklahoma, or at a mutually agreed-upon location. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
Class action waiver
You agree that any Dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against Dreamless. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Exceptions
Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.
13. Governing Law
These Terms and any Dispute arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Oklahoma, United States, without regard to its conflict of law principles.
To the extent that any legal action or proceeding is permitted under these Terms (including actions for injunctive relief as described in Section 12), you consent to the exclusive jurisdiction of the state and federal courts located in Oklahoma County, Oklahoma, and you waive any objection to the exercise of jurisdiction over you by such courts and any objection to venue in such courts.
14. Termination
Termination by you
You may terminate your use of the Services at any time by canceling your monthly subscription as described in Section 5 (Cancellation and Refunds). No reason is required, and no cancellation fees apply.
Termination by Dreamless
Dreamless may suspend or terminate your access to the Services, in whole or in part, at any time and without prior notice if:
- You breach any provision of these Terms.
- You fail to make payment when due and do not cure the default within ten (10) days of written notice.
- You engage in conduct that we reasonably determine is harmful to our business, reputation, or other Clients.
- We are required to do so by law or legal process.
- We discontinue the Services entirely (with reasonable advance notice).
Effects of termination
Upon termination of your subscription or these Terms for any reason:
- Your website will be taken offline within thirty (30) days following the end of your last paid billing period.
- Your license to use the website design and code will immediately terminate.
- You may request the return of your content within sixty (60) days of termination.
- Any outstanding fees or charges incurred prior to termination remain due and payable.
- Sections of these Terms that by their nature should survive termination (including, without limitation, Sections 6, 10, 11, 12, 13, and 17) shall survive termination.
15. Modifications to Terms
Dreamless reserves the right to modify, update, or revise these Terms at any time at our sole discretion. When we make changes, we will update the "Last updated" date at the top of this page and, for material changes, we will provide notice through reasonable means, such as:
- Posting a prominent notice on our website.
- Sending an email to the address associated with your account.
- Notifying you via phone or text message.
Your continued use of the Site or Services after any modifications to these Terms constitutes your acceptance of the revised Terms. If you do not agree with the modified Terms, you must discontinue your use of the Services and cancel your subscription as described in Section 5.
We encourage you to review these Terms periodically to stay informed of any updates.
16. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if such modification is not possible, shall be severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of the remaining provisions of these Terms, which shall continue in full force and effect.
17. Entire Agreement
These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Dreamless with respect to your use of the Site and Services. These Terms supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site and Services.
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.