Terms of Service

1. Agreement to Terms

By accessing this website or engaging the freelance services of Hector Garcia ("Developer", "I", "me"), you ("Client", "you") agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use this website or engage my services. These terms are governed by the laws of the Republic of Guatemala, with reference to internationally recognized commercial and contractual standards.

2. Services Provided

I provide professional freelance software development services including, but not limited to:

• Frontend development (React, TypeScript, Next.js, Tailwind CSS)
• Full Stack development (React, Python/Django, Node.js, database design)
• Mobile application development (React Native, cross-platform)
• Immersive 3D Web experiences (React Three Fiber, Three.js)
• Technical consulting and architecture planning

The specific scope of services for each engagement will be defined in a separate written agreement, Statement of Work (SOW), or project proposal accepted by both parties.

3. Project Agreements and Scope

Each project engagement requires a written agreement or proposal accepted by the Client. This document will specify:

• Project scope, deliverables, and specifications
• Timeline and milestone schedule
• Payment terms, rates, and invoicing schedule
• Revision and change request procedures

Any changes to the agreed scope must be requested in writing and may result in adjustments to cost and timeline. Work performed outside the original scope without written agreement is not included in the original project fee.

4. Payment Terms

4.1 Fees and Invoicing

Project fees are established in the project proposal or contract. Unless otherwise agreed in writing:

• A deposit of 50% of the total project fee is due before work commences
• The remaining balance is due upon project completion and before final delivery
• Hourly consulting work is invoiced weekly or bi-weekly as agreed

4.2 Late Payments

Invoices are due within 15 calendar days of issuance. Late payments may incur interest at a rate of 1.5% per month (or the maximum permitted by applicable law, whichever is lower). I reserve the right to suspend work on active projects where invoices remain unpaid beyond the due date.

4.3 Refunds

Deposits are non-refundable once project work has commenced. Refund eligibility for other payments will be assessed on a case-by-case basis, taking into account work completed at the time of cancellation.

5. Intellectual Property

5.1 Client Ownership

Upon receipt of full payment, all custom code, designs, and deliverables created specifically for the Client under a project agreement are assigned to the Client. The Client owns all final deliverables once paid in full.

5.2 Developer Rights

I retain the right to:

• Display completed work in my professional portfolio, unless the Client requests confidentiality in writing
• Retain all rights to pre-existing code, frameworks, tools, libraries, and methodologies used in the project
• License third-party libraries and open-source tools under their respective licenses. The Client assumes responsibility for compliance with those licenses

5.3 Third-Party Components

Projects may include open-source libraries or third-party tools. These remain subject to their original licenses and are not transferred as part of the project deliverables.

6. Confidentiality

I agree to keep all non-public information shared by the Client confidential and not to disclose it to third parties without written consent, except as required by law. This obligation survives the termination of any project agreement. The Client acknowledges that any information shared with me for project purposes may be used solely to fulfill the contracted services.

7. Client Responsibilities

The Client agrees to:

• Provide accurate, complete, and timely information, materials, and feedback required for project completion
• Designate a primary point of contact for communication
• Review and approve deliverables within agreed timelines. Delays in Client approval may extend project timelines without additional cost to the Developer
• Ensure that all content, materials, and instructions provided do not infringe any third-party rights
• Comply with all applicable laws in connection with the project and its intended use

8. Warranties and Representations

I warrant that:

• I have the right and authority to enter into agreements for the services offered
• Services will be performed with reasonable skill and care
• Deliverables will materially conform to agreed specifications

I do not warrant that the deliverables will be free of all errors or that software will operate without interruption. Any defects reported within 30 days of project delivery will be corrected at no additional charge, provided they are within the original project scope.

9. Limitation of Liability

To the maximum extent permitted by applicable law, my total liability for any claims arising from or related to services provided shall not exceed the total fees paid by the Client for the specific project giving rise to the claim.

I shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, loss of data, or business interruption, even if advised of the possibility of such damages.

This limitation applies regardless of the legal theory under which the claim is brought, including breach of contract, negligence, or otherwise.

10. Indemnification

The Client agrees to indemnify, defend, and hold harmless the Developer from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from:

• The Client's use or misuse of the delivered work
• Content or materials provided by the Client that infringe third-party rights
• The Client's violation of these Terms or applicable law

11. Project Cancellation and Termination

11.1 Cancellation by Client

The Client may cancel a project at any time by providing written notice. The Client agrees to pay for all work completed up to the date of cancellation, in addition to any non-refundable deposits. The Developer will deliver all completed work-in-progress upon receipt of final payment.

11.2 Termination by Developer

I reserve the right to terminate a project agreement if:

• The Client fails to make required payments within 30 days of the due date
• The Client engages in abusive, threatening, or harassing conduct
• The Client requests work that is illegal, unethical, or violates third-party rights

In such cases, payment for work completed to date remains due.

12. Force Majeure

Neither party shall be liable for failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to natural disasters, war, civil unrest, government actions, pandemics, internet or infrastructure failures, or other events of force majeure. The affected party will notify the other as soon as practicable.

13. Independent Contractor

Hector Garcia operates as an independent contractor. Nothing in these Terms creates an employer-employee relationship, partnership, joint venture, or agency between the Developer and the Client. The Developer is solely responsible for taxes, social security contributions, and other obligations arising from independent contractor status under Guatemalan law.

14. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Republic of Guatemala. The parties agree to first attempt to resolve any dispute through good-faith negotiation. If negotiation fails, disputes shall be submitted to the competent courts of Guatemala City, Guatemala.

For Clients located in the European Union, nothing in this clause limits your rights under applicable EU consumer or data protection law.

15. Entire Agreement and Amendments

These Terms, together with any applicable project agreement or proposal, constitute the entire agreement between the parties regarding the subject matter herein. They supersede all prior discussions, representations, or agreements. I reserve the right to update these Terms at any time. Continued engagement of services after notice of changes constitutes acceptance.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, without affecting the validity of the remaining provisions.