Terms of Service | Garcia Web Design

Introduction

These Terms of Service ("Terms") govern your use of web design and development services provided by Garcia Web Design ("we", "our", "us"), with a physical address in Colonia Versalles, Puerto Vallarta, Jalisco, México.

By engaging our services, you ("Client", "you", "your") agree to these Terms in their entirety. These Terms constitute a legally binding agreement between you and Garcia Web Design.

Project Pricing and Estimates

Due to the custom nature of web design and development services, it is impossible to provide standard pricing for our services. Each project requires an individualized assessment based on:

Project complexity and scope
Number of pages and features required
Design complexity and customization needs
Content requirements and development time
Technical requirements and integrations

We will provide a detailed cost estimate only after an initial consultation where we can establish your specific needs and project goals. All estimates will be provided in writing, and no work will commence until both parties have signed a contract specifying the scope, deliverables, timeline, and costs.

Service Options and Client Responsibilities

Option 1: Client-Managed Domains and Hosting

Our preferred working arrangement is as follows:

Client creates and maintains their own account with a domain registrar (such as GoDaddy)
Client purchases and registers their own domain name(s)
Client selects and pays for their own web hosting service
If email services linked to the domain are desired, Client selects and manages their own email service provider

Under this arrangement, Garcia Web Design will:

Provide technical guidance on appropriate hosting and service selections
Assist with initial setup and configuration
Design and develop the website as per the agreed contract
Deploy the completed website to the Client's hosting account

Option 2: Garcia Web Design-Managed Services

For Clients who prefer a fully-managed solution or who have limited technical expertise, we offer comprehensive management services including:

Domain registration and renewal management (domain will be registered in Client's name)
Web hosting setup and management
Email service setup (either custom domain email or assistance with free services like Gmail)
Ongoing technical support and maintenance

These comprehensive management services incur additional fees beyond standard web design and development costs. These fees will be negotiated on a case-by-case basis depending on the specific services required and the complexity of management.

Payment Terms

Unless otherwise specified in the signed contract, our standard payment terms are as follows:

50% of the total project cost is required upfront before work begins
The remaining 50% is due upon project completion and before the website goes live
Additional services or revisions beyond the agreed scope will incur additional charges

Cancellation and Refund Policy

We offer a three (3) day buyer's remorse period after the initial down payment, during which you may request a full refund of your deposit. This request must be submitted in writing through our Contact Us page within three calendar days of making your payment.

After this three-day period, the initial payment becomes non-refundable in the event of project cancellation by the Client. This policy exists because we typically reserve time in our schedule and begin preliminary work shortly after receiving the down payment.

For managed services (domain, hosting, and email management), payment terms will be specified in a separate service agreement and may involve recurring charges.

Project Scope and Changes

The scope of each project will be clearly defined in the signed contract. This includes:

Number and types of web pages to be created
Specific features and functionality to be implemented
Design elements and style specifications
Content requirements and responsibilities
Timeline for deliverables

Any changes or additions requested after the contract has been signed may:

Result in additional charges based on the nature and scope of the changes
Require an extension of the project timeline
Necessitate a written amendment to the original contract

Client Content Responsibilities

The Client is responsible for providing:

All text content for the website in a timely manner
High-quality images, videos, or other media (unless stock media services are part of the contract)
Logo files and brand guidelines, if applicable
Prompt review and feedback during development phases

Delays in providing required content may result in corresponding delays in project completion. If content delays extend beyond 30 days, Garcia Web Design reserves the right to bill for completed work up to that point.

Website Ownership and Intellectual Property

Upon receipt of full payment, the Client will own:

The visual elements of the website created specifically for the Client
Content provided by the Client

Garcia Web Design retains ownership of:

Proprietary development tools, code libraries, and methods used to create the website
The right to display the completed project as part of our portfolio
The right to describe our work on the project in case studies or marketing materials

Any third-party elements used in the website (such as stock photos, plugins, or scripts) are subject to their respective licenses and terms.

Switching Service Providers

Clients have the right to switch to another web design or development service provider at any time, provided:

All outstanding invoices with Garcia Web Design have been paid in full
Written notice is provided at least 14 days in advance

If a Client switches to another service provider and later wishes to return to Garcia Web Design for modifications, updates, or maintenance:

Such work will be treated as a new project
Fees will be negotiated based on the specific requirements
Additional charges may apply if the website has been significantly modified by another provider

Post-Launch Support and Maintenance

Unless a separate maintenance agreement is in place:

Minor fixes related to the original scope will be addressed free of charge for 30 days after website launch
Beyond the 30-day period, all updates, modifications, and maintenance work will incur additional charges
Emergency support services are available at premium rates

We offer separate maintenance agreements that include regular updates, security monitoring, and content changes for a monthly fee. Please contact us for details.

Limitation of Liability

Garcia Web Design is not liable for:

Issues arising from third-party services such as hosting providers, domain registrars, or email services
Security breaches or data loss not directly caused by our negligence
Business losses, including loss of profits, income, revenue, anticipated savings, business, contracts, goodwill, or reputation
Content provided by the Client that may infringe on intellectual property rights or violate applicable laws

Our total liability for any claims arising from our services shall not exceed the amount paid by the Client for the specific project giving rise to the claim.

Termination

Either party may terminate the service agreement under the following conditions:

The Client may terminate at any time by providing written notice, but remains responsible for payment of all work completed up to the termination date and will forfeit any initial deposits
Garcia Web Design may terminate if the Client fails to provide required materials within 60 days of the agreed timeline or if there is a breach of these Terms
Garcia Web Design may terminate if the Client fails to make payments as scheduled

Upon termination, Garcia Web Design will provide all completed work product to the Client, provided all payments due have been made.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Jalisco, Mexico. Any disputes arising under these Terms that cannot be resolved through negotiation shall be subject to the exclusive jurisdiction of the courts in Puerto Vallarta, Jalisco, Mexico.

Changes to Terms

Garcia Web Design reserves the right to modify these Terms at any time. Changes will be effective upon posting to our website. Continued use of our services after such changes constitutes acceptance of the new Terms.

For existing contracts, the Terms in effect at the time of contract signing will apply unless both parties agree in writing to adopt updated Terms.

Contact Us

If you have any questions about these Terms of Service, please visit the Contact Us page.