__Services Provided

CarlosCuervo.dev, a DBA of Latinbits LLC, provides custom web development services, including but not limited to website design, front-end and back-end development, and integration of third-party tools (e.g., e-commerce platforms, CMS, payment gateways), as defined in the client’s written agreement. Services are provided “as-is” without warranties, express or implied, including for uninterrupted functionality or fitness for a particular purpose.

• Scope Modifications: Changes to the agreed scope require mutual written consent via email or contract amendment and may adjust project timelines or costs. CarlosCuervo.dev is not liable for delays or issues caused by third-party services, plugins, or client-provided materials.
• Maintenance: Optional maintenance services (e.g., software updates, security patches, optimization) are offered under separate agreements. Clients opting out of maintenance waive CarlosCuervo.dev’s liability for any resulting issues, including downtime, security breaches, or functionality loss.
• Third-Party Services: CarlosCuervo.dev is not responsible for disruptions, failures, or liabilities arising from third-party services or tools used in the project, which are subject to their providers’ terms.

__Client Responsibilities

Clients agree to:

• Provide all necessary content (e.g., text, images, logos) and warrant they own or have legal rights to use such materials. Clients indemnify and hold harmless CarlosCuervo.dev against any intellectual property disputes, legal claims, or costs (including attorney’s fees) arising from their content.
• Respond promptly (within 5 business days) to requests for feedback, approvals, or information. Delays may extend timelines or increase costs, for which CarlosCuervo.dev is not liable.
• Maintain active subscriptions and comply with terms for third-party services (e.g., hosting, plugins). CarlosCuervo.dev is not liable for disruptions from third-party failures or client non-compliance.
• Ensure their website content complies with all applicable laws (e.g., GDPR, CCPA, Florida Statutes). Clients indemnify CarlosCuervo.dev against legal claims, fines, or penalties from non-compliance.
• Accessibility Compliance: Ensure the final website complies with all accessibility laws, including the Americans with Disabilities Act (ADA) Title III and Web Content Accessibility Guidelines (WCAG 2.1 AA). Clients are solely responsible for conducting accessibility audits and obtaining certifications. Clients indemnify CarlosCuervo.dev against any ADA or accessibility-related claims, including lawsuits, settlements, or remediation costs.
• Make timely payments per the agreed terms. Non-payment may result in service suspension or termination, with no liability to CarlosCuervo.dev.

__Project Timeframes

Project timelines are estimates based on the agreed scope. Delays due to client inaction, scope changes, third-party issues, or unforeseen technical challenges do not incur liability for CarlosCuervo.dev, including for lost revenue, business disruptions, or missed deadlines.

__Customization and Variability

Services are customized per the client agreement. Requests beyond the initial scope are considered new work, requiring a separate agreement and additional fees based on complexity and time. Post-delivery changes (e.g., design updates, new features) are treated as new projects.

__Revisions and Changes

Revisions within the agreed scope are included. Additional revisions or changes require mutual written consent and may incur extra costs or timeline adjustments. CarlosCuervo.dev reserves the right to reject revisions due to scope creep, technical limitations, or unreasonable demands without liability.

__Ongoing Services and Maintenance

Optional maintenance packages are available to ensure website functionality, security, and performance. Clients declining maintenance accept full responsibility for issues such as downtime, security vulnerabilities, or third-party service failures. CarlosCuervo.dev is not liable for damages resulting from lack of maintenance or third-party service disruptions.

__Liability Disclaimer

CarlosCuervo.dev is not liable for:

• Content: Accuracy, legality, or appropriateness of client-provided content. Clients bear all responsibility for legal claims or disputes arising from their materials.
• Third-Party Services: Failures, disruptions, or breaches from third-party tools, hosting, or services (e.g., Stripe, plugins).
• Damages: Any indirect, incidental, special, or consequential damages (e.g., lost profits, data loss, business disruptions) arising from website use or service issues.
• Accessibility: Any non-compliance with ADA, WCAG, or other accessibility standards. CarlosCuervo.dev does not warrant accessibility; clients assume all risks and indemnify us against related claims.
• Liability Cap: CarlosCuervo.dev’s total liability is limited to the amount paid by the client for the specific service causing the claim.
• Indemnification: Clients indemnify CarlosCuervo.dev against claims, damages, or costs (including attorney’s fees) arising from their content, website use, or non-compliance with laws.

__Payment Terms

• Deposits: A non-refundable deposit is required before work begins, forfeited upon termination for any reason.
• Processing: Payments are processed via Stripe, which secures all payment data. CarlosCuervo.dev is not liable for breaches or failures in Stripe’s systems.
• Chargebacks: Clients must resolve disputes directly with CarlosCuervo.dev before initiating chargebacks. Unjustified chargebacks may incur legal action or fees to recover losses.
• Non-Payment: Failure to pay may result in service suspension, functionality loss, or termination, with no liability to CarlosCuervo.dev.

__Termination of Services

• Client Termination: Requires written notice (email acceptable). Clients owe payment for work completed; deposits are non-refundable. Unfinished work remains the property of CarlosCuervo.dev, and unauthorized use is an intellectual property violation.
• CarlosCuervo.dev Termination: May occur for non-payment, non-communication, scope creep, or breach of terms. Clients owe for work completed; no refunds apply.
• Post-Termination: Access to ongoing work or assets ceases. CarlosCuervo.dev is not liable for business disruptions or losses post-termination. Clients manage third-party contracts (e.g., hosting) independently.

__Governing Law

• Jurisdiction: Governed by Florida law, with disputes resolved exclusively in Miami, Florida courts. Clients submit to this jurisdiction.
• Dispute Resolution: Parties attempt negotiation before litigation. Claims must be filed within one (1) year of the cause of action, or they are waived.
• Attorney’s Fees: The losing party in any dispute pays reasonable attorney’s fees and costs.
• Severability: If any provision is invalid, it is modified or removed; remaining terms remain enforceable.
• Force Majeure: CarlosCuervo.dev is not liable for delays or failures due to uncontrollable events (e.g., natural disasters, server outages).