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Terms of Service

Important information about working with Garcia Web Design

Last Updated: January 1, 2024

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

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.

Pricing and Project Estimates

Due to the custom nature of web design and development services, it is not possible to provide standard pricing for our services. Each project requires an individual 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 begin 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:

  • The Client creates and maintains their own account with a domain registrar (such as GoDaddy)
  • The Client purchases and registers their own domain name(s)
  • The Client selects and pays for their own web hosting service
  • If domain-linked email services are desired, the 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
  • Will assist with initial setup
  • Will design and develop the website per the agreed contract
  • Will deploy the completed website to the Client's hosting account

Option 2: Services Managed by Garcia Web Design

For Clients who prefer a fully managed solution or who have limited technical experience, we offer comprehensive management services that include:

  • Domain registration and renewal management (the domain will be registered in the Client's name)
  • Web hosting setup and management
  • Email service setup (either custom domain email or assistance with free services such as 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 the management involved.

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 cooling-off period after the initial payment, during which you may request a full refund of your deposit. This request must be submitted in writing through our Contact 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 initial 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

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

Post-Launch Support and Maintenance

Unless a separate maintenance agreement is in place:

  • Minor fixes related to the original scope will be addressed at no 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

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, revenue, anticipated savings, business, contracts, goodwill, or reputation
  • Content provided by the Client that may infringe intellectual property rights or violate applicable laws

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

Governing Law

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

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