Terms of Service

Please read these terms carefully as they constitute a binding agreement between you, the client ("you"), and me, Beatriz Caraballo ("me", "I") for the Customization Service ("service", "project") you’ve applied for through https://thirtyeightvisuals.com or via direct contact with me.

SERVICE DETAILS

Scope: the items listed in the quote provided constitute the scope of the project. I’ll work on all the items outlined in it based on what we previously discussed, once the agreed project start date arrives.

Compatibility: I’ll be testing my code for compatibility with the current version of the most used browsers (Chrome, Firefox and Safari) and also in Chrome for mobile to check that it’s fully responsive.

Implementation: to be able to effectively deliver the project result, I'll need to access your site as a contributor – unless a different delivery method has been agreed upon. You won't need to provide your username and password so please DO NOT share them with me. Once we complete the booking process, I'll send you the step-by-step to allow me access to your site.

Support: after delivery of the customizations I’ll be available to provide priority support for two (2) weeks, during office hours, to fix any issues that might arise from the customizations I personally provided. To fix any issues caused by modifications made by you or a third-party after delivery will require an additional estimate.

Revisions: during the priority support period, there will be one (1) round of revisions available in case any minor modifications are required to better match the site's style. I’m happy to accommodate additional rounds of revision, however these will require a separate quote.

PAYMENT TERMS

I know you understand the importance of receiving prompt payments as a small business, therefore, to be able to maintain a positive working relationship and keep the project moving forward, you agree to complete the full payment of your project before the project’s start date, to avoid unwanted delays or rescheduling fees.

All payments can be made by credit card or Paypal.

On cancellation: either party has the right to cancel this agreement at any time, however 50% of the total project quote is considered a non-refundable deposit to book your spot. Therefore, only partial refunds may be available depending on the amount of work done right up to the cancellation date.

COOPERATION

I agree to use my best efforts to fulfill and exceed your expectations of the service presented in this agreement.

You agree to help me do so by promptly replying to my questions and requests, and providing any additional information I need regarding your website or the customizations included in this project in a timely manner.

INTELLECTUAL PROPERTY 

You guarantee that all elements of text, images, artwork, illustrations, fonts, etc that you provide are either yours or have the license to use them.

Once the project is delivered:

  • You’ll own all the content you provided unless someone else owns them, and I won’t use it for other projects.

  • You’ll be required to keep the corresponding credits inside each code snippet provided (these won't be visible on your site, only inside the code).

I reserve the right to duplicate, reuse and sell the custom code provided, with the exception of the elements that belong or have been licensed to you.

This agreement licenses you to use the customizations provided on one (1) website. If you'd like to reuse the custom code on more than one website – either yours or your client's – please let me know, I'm happy to offer you an unlimited use license!

I reserve the right to showcase the customizations made to your site – including your site's link – in my portfolio and social media networks. If you prefer to keep your site's name and link anonymous, a privacy fee will apply.

LEGAL DETAILS

Even when I’ll deliver a professional job, I can’t guarantee that my work will be error-free or adaptable to future browser evolution so I can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised me of them.

You can’t transfer this agreement without my permission. 

Both you and I have the full authority to enter this agreement and to perform all obligations stated here without violating the legal or equitable rights of any third party. 

This agreement constitutes the sole and entire agreement and understanding between you and me – unless otherwise referred to – and it goes above any and all prior discussions, agreements or understandings of every kind and nature between us, regarding the subject matter.

If any provision of this agreement is held to be illegal, invalid or unenforceable under any present or future law, that provision will be fully severable and the remaining provisions of this contract will remain in full force and effect.

The present contract is governed by the laws of the province of Québec.

Updated: December 2018