Terms of Service
Last updated: 8/4/2025
The Terms of Service ("Terms") govern all development services ("Services") provided by Miguel Angel Fierro Gutierrez ("Miguel Fierro", "Developer", "I", or "me") to any client or customer ("Client", "you", or "your"). By engaging in any project, services, or submitting payment, you acknowledge and agree to be bound by the terms outlined below.
Scope of Services
The Developer provides professional web development services including, but not limited to:
- Frontend development of static websites
- Integration of content management systems
- Full-stack application development, including backend, and database architecture
- Optional feature integrations to existing sites
All services are customized based on the needs of each individual project, as outlined in a mutually agreed-upon proposal or scope of work.
Project Engagement and Responsibilities
A project begins when the Client accepts a quote or scope of work and remits a deposit as described below.
The Client agrees to provide all necessary materials, access credentials, and clear communication in a timely manner throughout the engagement. Delays in feedback, content delivery, or decision-making on the Client's part my result in timeline extensions or additional fees.
The Developer agrees to perform services in a professional manner, maintaining open communication and delivering work that aligns with the defined project scope.
Fees, Deposits, and Payment Terms
All quoted prices are expressed in Canadian Dollars (CAD) and are valid for 30 days from the date of issuance unless otherwise stated. Payment for services may be structured as either a fixed-rate quote or billed at an hourly rate, depending on the nature and duration of the project or service.
For fixed-rate projects, a non-refundable deposit is required to secure development time:
- 40% of the total project cost for full-site or application builds
- 50% for smaller engagements or discrete tasks
The remaining balance is due upon final delivery of the project unless otherwise agreed in writing. All payments are processed securely through Stripe or other approved payment methods.
Failure to remit final payment within the specified timeline may result in withholding of deliverables, disabling of deployed assets, or legal recovery action, where applicable.
Cancellation and Refund Policy
If the Client chooses to cancel the project after the deposit has been paid but before work begins, the deposit remains non-refundable. Once development has commenced, the Client may still cancel the project at any time, but any work completed up to the point of cancellation will be billed proportionally and deducted from the total balance.
Refunds are not offered for completed work unless the Developer is unable to deliver the agreed-upon functionality due to personal inability or unforeseen technical failure. In such cases, a partial or full refund may be negotiated in good faith.
No refunds will be issued for client dissatisfaction resulting from subjective preferences, changes in direction, or lack of clarity in project requirements after development has begun.
Revisions and Scope Changes
All proposals or quotes include a predefined number of revisions based on the project scope. Reasonable adjustments or minor content edits may be requested within the revision window at no extra cost. However, any significant changes in functionality, features, layout, or technical requirements will be considered out of scope and may result in additional charges.
If a change in scope arises, the Developer will provide an updated quote or hourly estimate for approval before proceeding with further work.
Intellectual Property and Code Ownership
Upon full and final payment, the Client receives ownership of the completed website or application codebase, as well as any custom assets created specifically for the project. The Developer retains the right to reuse common code patterns, base components, or utilities developed independently and not specific to the Client's brand or product.
The Developer also reserves the right to display the completed project in portfolios, case studies, or marketing materials, unless a written request for confidentiality or NDA is made prior to project initiation.
Client Hosting, Maintenance, and Access
Unless specifically contracted to do so, the Developer does not manage ongoing hosting, domains, or platform subscriptions. The Client is responsible for securing and maintaining hosting credentials, third-party service accounts, and backups unless a maintenance agreement is signed.
If a project requires integration into an existing codebase or infrastructure, a code audit may be conducted prior to acceptance. The Developer reserves the right to decline maintenance or rebuild requests where the existing code is deemed unstable or unmaintainable.
Limitation of Liability
All services are provided "as-is" without any express or implied warranties. The Developer shall not be held liable for indirect, incidental, or consequential damages arising from the use, misuse, or failure of any delivered work, including but not limited to lost revenue, business disruption, data loss, or third-party software failures.
While all reasonable efforts will be made to deliver clean, functional, and optimized code, the Client assumes full responsibility for the continued use, hosting, and maintenance of the delivered website or application unless otherwise agreed in a support contract.
Support, Bug Fixes, and Post-Launch Changes
Bugs or technical defects discovered within 15 days of final delivery will be fixed at no additional cost, provided they are within the original scope. After this window, bug fixes and changes will be billed at the Developer's current hourly rate unless a separate support agreement is established.
The Developer does not offer indefinite post-launch support unless explicitly contracted.
Governing Law
These terms shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada. Any disputes arising out of or relating to these Terms shall be resolved in the appropriate courts of that jurisdiction.
Contact
For questions, service requests, or legal concerns, you may contact:
Miguel Fierro
Software Developer
Vancouver, BC, Canada