Terms & Conditions

These Terms and Conditions govern the relationship between Luis Torrealba luistorrealba.com, hereinafter referred to as "The Developer" or "I," and the "Client" who contracts software, website, and/or mobile application development services.

1. Acceptance of the Terms

By requesting a quote, paying an advance, or using any service provided by The Developer, the Client unconditionally accepts these Terms and Conditions, which form an integral part of any service agreement (Proposal/Contract).

2. Services Offered

The Developer offers the following services, among others:

• Website Design and Development (pages, e-commerce, blogs).

• Mobile Application Development (iOS and Android).

• Custom Software and Web Systems Development.

• Consulting and maintenance of existing systems.

3. Project Process and Deliverables

Quotation and Proposal: All quotes are valid for a period of 10 days. Prices are subject to change without notice if the project is not contracted within that period.

Start of Work: Work will begin only after the signing of the agreement (if applicable) and receipt of an initial payment/advance of 30% of the total project cost.

Client Collaboration: The Client agrees to deliver all necessary content (texts, images, logos, credentials, etc.) and information within the established deadlines. Delays in the delivery of materials by the Client will result in an automatic extension of the final project delivery schedule.

Revisions: The work proposal will include a defined number of revision cycles (e.g., two revision cycles). Requests for changes or modifications exceeding this limit will be considered additional work and may be quoted and invoiced separately at the Developer's current hourly rate.

Testing: The Developer will use simulation tools to verify functionality and display on major browsers and devices. The Client acknowledges that the Developer cannot guarantee 100% compatibility with all devices or operating systems on the market, especially older or non-standard versions.

4. Payments, Fees, and Cancellation

Payment Structure: Payments will be made according to the milestone schedule defined in the proposal/contract.

• Initial Payment/Advance: 30%

• Intermediate Payments (if applicable): Upon completion of specific milestones.

• Final Payment: The remaining balance is due immediately after development completion and before the release or delivery of the source code to the Client.

Non-Payment: If the Client fails to make payment by the agreed-upon dates, the Developer reserves the right to suspend work on the project or, in cases of serious default, withhold the source code, deactivate the service, or uninstall the software/website until the full amount owed has been paid. Reactivation may incur additional costs.

Project Cancellation: If the Client cancels the project at any stage, they must provide written notification. The initial payment (deposit) is non-refundable. The Client will be responsible for payment for all work hours or milestones completed up to the date of notification, plus any expenses incurred.

5. Intellectual Property and Copyright

Client Material: The Client warrants that they own the necessary copyrights and/or usage licenses for all material (images, text, logos, fonts) provided for the project. The Client releases the Developer from all liability for any claim or legal complication arising from the use of said material.

Software Ownership: Upon final and full payment for the project, the Developer transfers to the Client the intellectual property and exclusive usage rights to the source code and custom design elements developed specifically for the Client.

Developer's Software: The Developer retains intellectual property rights to any pre-existing or developed tools, codebases, libraries, frameworks, or techniques (other than those exclusive to the Client) used in the project. The Client obtains a non-exclusive and non-transferable license to use these components only as part of the final product.

Credit: Unless otherwise agreed in writing, the Developer reserves the right to place a discreet credit link [e.g., "Developed by luistorrealba.com"] in the footer of the website or application.

6. Limitation of Liability and Warranty

Software Warranty: The Developer offers a 90-day warranty from the date of final delivery to correct any bugs or coding errors. that prevents the functionality of the features agreed upon in the proposal.

• The warranty does not cover: Problems caused by the Client (code modifications), incompatibility with third-party software, errors introduced by new versions of CMS (e.g., WordPress) or operating systems, hosting service failures, or security issues unrelated to the initial coding.

Disclaimer of Liability: The Developer shall not be liable for: service interruptions, data loss, damages to third parties, viruses or hosting system failures, nor for any loss of profits or consequential damages resulting from the use of, or inability to use, the finished product. The Developer's total liability, in any case, shall be limited to the total amount paid by the Client.

7. Confidentiality

Both parties agree to treat as confidential all technical, financial, and commercial information disclosed during the execution of the project and undertake not to disclose it to third parties, unless required by law.

8. Modification of Terms

The Developer reserves the right to modify these Terms and Conditions at any time. The most recent version will always be published on luistorrealba.com. By continuing to use the services, the Client accepts the modifications.

9. Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Bolivarian Republic of Venezuela. Any dispute or legal claim shall be resolved in the competent courts of said jurisdiction.