Terms Of Service

These Terms and Conditions (“Terms”) govern your use of the services provided by CarlosCuervo.dev (“we,” “us,” or “our”). By engaging with our web development services, you agree to the following terms:

Services Provided

CarlosCuervo.dev provides a range of web development services tailored to the specific needs and requirements of each client. These services may include, but are not limited to, custom website design, front-end and back-end development, and the integration of third-party tools and web applications. All services are designed and implemented based on the scope outlined in the initial agreement between CarlosCuervo.dev and the client.

Web development services offered by CarlosCuervo.dev may involve the creation of mobile-responsive websites, applications, and the integration of essential web technologies, such as e-commerce platforms, content management systems, or payment gateways. The client acknowledges that the specific features and functionalities of the final product will vary depending on the scope of work agreed upon at the start of the project.

CarlosCuervo.dev reserves the right to modify the scope of services if necessary, provided that such modifications are communicated to and agreed upon by the client. Any changes to the agreed scope of services may result in adjustments to the project timeline and cost. It is understood that web development projects may involve third-party services, tools, or plugins that are subject to the terms and conditions of their respective providers. CarlosCuervo.dev is not responsible for any issues, disruptions, or liabilities arising from the use of these third-party services.

In addition, ongoing maintenance and support services may be offered to clients, either as part of the original agreement or through separate contractual arrangements. These services may include updates to software, security patches, performance optimization, and troubleshooting. Clients who opt out of maintenance services acknowledge that CarlosCuervo.dev is not responsible for any technical issues or functionality loss that may arise from the lack of ongoing support.

The nature of web development projects means that no two services are identical. Project timelines, deliverables, and costs are determined based on the complexity and individual requirements of each project. While CarlosCuervo.dev will make every effort to meet agreed deadlines, delays may occur due to factors outside of its control, including delays in receiving necessary information or feedback from the client. CarlosCuervo.dev shall not be liable for any damages or losses resulting from such delays.

Client Responsibilities

The client acknowledges and agrees to fulfill certain responsibilities throughout the course of the project. These responsibilities are essential for the timely and successful completion of the services provided by CarlosCuervo.dev. The client’s failure to comply with these obligations may result in project delays, increased costs, or termination of the agreement.

First and foremost, the client is responsible for providing all necessary content, materials, and information required for the development and design of the website. This includes, but is not limited to, written content, images, logos, branding guidelines, and any other specific elements that are to be incorporated into the website. The client warrants that all materials provided are either owned by the client or that the client has obtained the necessary rights and permissions to use them. CarlosCuervo.dev shall not be held liable for any intellectual property disputes or legal claims arising from the use of such materials.

The client is also responsible for timely communication and feedback throughout the development process. This includes responding to requests for information, providing feedback on design drafts, and approving key deliverables within a reasonable time frame. Delays in communication or failure to provide timely feedback may result in project delays, for which CarlosCuervo.dev shall not be held liable. Any additional costs incurred as a result of such delays will be the responsibility of the client.

The client further agrees to adhere to any technical requirements or limitations that may arise during the project. This includes ensuring that any third-party services, plugins, or applications that are integrated into the website are compatible with the project and meet the technical specifications necessary for proper functionality. The client is responsible for maintaining any third-party subscriptions or licenses necessary for these services to function. CarlosCuervo.dev will not be responsible for any disruptions in service or loss of functionality resulting from the expiration, termination, or failure of third-party services.

In addition, if the project involves ongoing maintenance or updates, the client is responsible for promptly informing CarlosCuervo.dev of any issues or changes that may affect the website’s functionality or security. Failure to opt into ongoing maintenance services or to report issues in a timely manner may result in loss of functionality, and CarlosCuervo.dev shall not be held responsible for any resulting damages or losses.

The client is also expected to comply with all applicable laws, regulations, and industry standards in relation to the content and use of their website. This includes compliance with privacy laws, data protection regulations, and any other legal obligations related to the operation of the website. CarlosCuervo.dev shall not be held liable for any legal claims, fines, or penalties resulting from the client’s failure to comply with these obligations.

Finally, the client agrees to make all payments as specified in the agreement. Failure to comply with the agreed payment terms may result in suspension of services, loss of functionality, or termination of the agreement. In such cases, CarlosCuervo.dev reserves the right to retain any deposits or payments made to cover work completed to date.

Project Timeframes

All estimated timeframes for project completion are based on a best-effort approach. However, project timelines may vary due to multiple factors, including:

Delays in receiving necessary information from the client.
Changes in project scope or additional requests.
Unforeseen technical challenges or other external factors.

We are committed to delivering projects as efficiently as possible, but delays may occur if client collaboration is not timely. CarlosCuervo.dev will not be held responsible for any damages, losses, or operational disruptions that may occur as a result of project delays, whether related to the client’s internal operations or any third-party responsibilities. This includes, but is not limited to, loss of revenue, missed deadlines, or any issues with third-party vendors, services, or stakeholders. All timelines are provided as estimates, and delays may occur based on factors beyond our control.

Customization and Variability

Each website and web solution developed by CarlosCuervo.dev is unique and customized to the client’s specific requirements. While we strive to accommodate all reasonable requests within the project scope, it is important to note that customization is not unlimited. Once the initial project scope has been agreed upon, any additional changes, modifications, or requests beyond the original agreement will be considered outside the initial project and subject to additional fees.

Upon completion of the project and delivery of the final product, any future changes or updates requested by the client will be treated as new work. This includes but is not limited to design changes, content updates, feature additions, or structural modifications. These requests will require a new agreement and may incur additional costs based on the complexity and time involved.

Revisions and Changes

After the initial project scope is agreed upon, any additional changes or requests may result in adjusted costs and timeframes. All revisions and changes must be discussed and agreed to by both parties before implementation.

CarlosCuervo.dev reserves the right to reject further development or revisions at any stage of the project for any reason, including but not limited to scope creep, unreasonable demands, or technical limitations. As noted in the Customization and Variability section, any changes beyond the agreed-upon scope will be treated as new work and subject to additional fees. This ensures that all changes are handled fairly and within the bounds of the original agreement.

Ongoing Services and Maintenance

Ongoing services and maintenance refer to the continuous support, updates, and monitoring required to keep your website running smoothly and securely after the initial development phase. This may include software updates, security patches, content updates, performance optimizations, and troubleshooting any technical issues that may arise.

These services are often essential for maintaining the functionality and security of your website, especially as web technologies and third-party services evolve over time. If these services are discontinued or neglected, it may result in performance issues, security vulnerabilities, or loss of functionality.

CarlosCuervo.dev offers recurring maintenance packages to ensure that your website remains up-to-date and fully functional. However, if the client opts out of these ongoing services, CarlosCuervo.dev will not be responsible for any technical issues, downtime, or loss of functionality that may occur as a result. Under no circumstances will we be held liable for website problems stemming from the absence of maintenance.

Additionally, many designs may rely on third-party services, plugins, or integrations that require recurring fees. If these services are not renewed or maintained, it may result in the loss of critical functionality on your website. We are not responsible for any disruptions caused by the discontinuation of these third-party services.

Liability Disclaimer

CarlosCuervo.dev provides web development services with a focus on quality, performance, and functionality. However, we cannot be held liable for certain issues beyond our control. The following outlines the specific areas where CarlosCuervo.dev is not responsible or liable for any damages, losses, or disputes arising from the use of the website or services provided:

Content Liability: You, the client, are solely responsible for all content displayed on your website. This includes but is not limited to text, images, videos, logos, and any other materials provided for use on the site. CarlosCuervo.dev is not responsible for verifying the legality, accuracy, or appropriateness of this content. Any legal claims, copyright issues, or disputes related to the content are the responsibility of the client.
Third-Party Services: Many websites rely on third-party tools, plugins, or services (such as hosting providers, payment gateways, or external software). CarlosCuervo.dev is not liable for any issues, disruptions, or damages that may occur as a result of using these third-party services. Any disputes or service failures should be addressed directly with the respective third-party provider.
Limitations of Liability: CarlosCuervo.dev will not be held responsible for any indirect, incidental, special, or consequential damages resulting from the use of your website. This includes, but is not limited to, loss of data, revenue, profits, or any business disruptions caused by website issues. Our liability is limited to the scope of the services agreed upon, and we are not liable for damages caused by events outside our control, such as security breaches, server outages, or the actions of third parties.

Payment Terms

All payments for services provided by CarlosCuervo.dev are due based on the terms agreed upon at the start of the project. Payments may be structured in phases or as a one-time fee depending on the scope and complexity of the project. The following outlines the key terms for payment processing:

Deposit Policy: A deposit is required before any work begins. This deposit is non-refundable under any circumstances. If the agreement is terminated for any reason, whether initiated by the client or by CarlosCuervo.dev, the client will forfeit the deposit with no exceptions. This ensures that time and resources allocated to the project are appropriately compensated.
Payment Processing: We utilize a third-party merchant account (Stripe) for managing all payment processing. CarlosCuervo.dev does not have access to any of your personal payment information, such as credit card details or banking information. All payment data is handled securely by Stripe, which provides industry-standard encryption and security measures to protect your financial information.
Security and Liability: Stripe is responsible for maintaining the security of your payment information. In the unlikely event that there is a breach or failure in Stripe’s security measures, CarlosCuervo.dev will not be held responsible for any losses, damages, or inconveniences resulting from such an incident. Clients are encouraged to refer to Stripe’s terms and policies regarding payment security for further information.
Chargeback Policy: CarlosCuervo.dev strongly discourages the misuse of chargebacks, as it is considered a serious breach of trust and the agreed-upon terms. Stripe offers chargeback protection to us, and any fraudulent or unjustified chargeback claims may result in legal action or additional fees to recover lost funds. Clients are encouraged to communicate openly with us about any concerns or disputes before resorting to chargebacks, as we aim to resolve issues amicably.
Payment Failure and Loss of Functionality: Failure to make payments for certain development services, particularly ongoing services or maintenance, may result in the loss of functionality of your website or specific features. As outlined in the Ongoing Services and Maintenance section, many web solutions require recurring services to maintain proper functionality. If payments are not made as agreed, CarlosCuervo.dev is not responsible for any loss of functionality or disruption that may occur.

Termination of Services

Both CarlosCuervo.dev and the client reserve the right to terminate the service agreement under certain conditions. The following outlines the terms for termination and the consequences associated with it:

Client-Initiated Termination: If the client wishes to terminate the project before completion, CarlosCuervo.dev must be notified in writing. Upon termination, the client will be responsible for any outstanding payments for work already completed, up to the point of termination. Additionally, any deposit paid at the start of the project is non-refundable and will be forfeited. Termination by the client will also result in the immediate cessation of all work, and any materials, drafts, or designs developed up until that point will remain the property of CarlosCuervo.dev unless otherwise agreed.
CarlosCuervo.dev-Initiated Termination: CarlosCuervo.dev reserves the right to terminate the agreement at any point if the client fails to comply with the terms of the agreement, including but not limited to non-payment, lack of timely communication, scope creep, or unethical behavior. In such cases, the deposit and any payments made up to that point will be retained to cover the work completed. If CarlosCuervo.dev terminates the project due to a breach of terms, the client will not be entitled to any refunds and may be required to compensate for any additional work completed or resources allocated.
Effects of Termination: Upon termination, all access to ongoing development, designs, or website assets will be halted. Any further use of unfinished designs or work provided by CarlosCuervo.dev without authorization will be considered a breach of intellectual property rights. Additionally, if the client chooses to terminate services after project completion but before entering an ongoing maintenance agreement, any future requests for updates or fixes will be treated as new work and subject to additional fees. The client acknowledges that failure to opt into ongoing services may result in loss of website functionality, as described in the Ongoing Services and Maintenance section.
No Liability for Termination: CarlosCuervo.dev will not be held liable for any losses, damages, or disruptions to the client’s business resulting from the termination of services. This includes, but is not limited to, missed deadlines, operational delays, or third-party disputes that arise due to the termination. All remaining work, whether completed or in progress, will be provided at CarlosCuervo.dev’s discretion, based on the terms agreed upon prior to termination.
Third-Party Contracts: If the project involves third-party services (e.g., hosting, plugins, or integrations), the client remains responsible for managing those contracts independently. Termination of services with CarlosCuervo.dev does not automatically terminate any third-party agreements, and the client is encouraged to handle those relationships directly. CarlosCuervo.dev will not be responsible for any third-party service interruptions that occur as a result of the termination.

Governing Law

These Terms and Conditions, as well as any agreements related to services provided by CarlosCuervo.dev, shall be governed by and construed in accordance with the laws of the State of Florida, United States. This section outlines the legal framework under which any disputes or claims will be handled and sets the jurisdiction for legal proceedings.

Jurisdiction: By engaging with CarlosCuervo.dev, you agree that any legal actions or disputes arising out of or relating to these Terms, the services provided, or any related agreements shall be exclusively handled in the courts located in Miami, Florida. This means that all parties involved agree to submit to the personal jurisdiction of these courts for the resolution of any legal matters.
Compliance with Local Laws: The client is responsible for ensuring that the use of services provided by CarlosCuervo.dev complies with all applicable local, state, national, and international laws, including any regulations regarding data protection, e-commerce, and intellectual property. CarlosCuervo.dev will not be held responsible for any legal liabilities that arise due to the client’s failure to comply with their local laws or regulations.
Dispute Resolution: In the event of a dispute between CarlosCuervo.dev and the client, both parties agree to make reasonable efforts to resolve the issue through direct communication and negotiation before resorting to legal proceedings. If a resolution cannot be reached through negotiation, both parties agree that litigation will be the last resort, and all claims will be handled exclusively within the jurisdiction outlined above.
Limitation of Claims: Any claims or causes of action arising out of or related to the services provided by CarlosCuervo.dev must be filed within one (1) year after the cause of action arose. Failure to file a claim within this time frame will result in a waiver of the right to bring any such claim. This limitation period applies to all legal disputes and claims, including but not limited to breach of contract, negligence, or other tort claims.
Severability: If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to reflect the parties’ intention as closely as possible, or if modification is not possible, such provision shall be deemed deleted. All other provisions of these Terms and Conditions shall remain in full force and effect.
Force Majeure: CarlosCuervo.dev shall not be held liable for any failure or delay in fulfilling its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of war, terrorism, strikes, governmental regulations, or other unforeseen events. In such cases, both parties will make reasonable efforts to mitigate the effects of the force majeure event.