Legal

    Terms of Service

    These terms govern the relationship between JortegaWD and its clients. Read them carefully — they're the foundation of how we work together with clarity and transparency.

    Last updated: January 2025

    01

    Scope and acceptance

    These Terms of Service govern the contractual relationship between JortegaWD (hereinafter "the Provider") and any individual or legal entity (hereinafter "the Client") that engages or requests services including web development, digital design, technology consulting, or related services.

    Starting a project, signing a commercial proposal, or making any payment implies full and unconditional acceptance of these terms. If you disagree with any of the terms set out here, please do not engage our services — contact us and we'll resolve any questions before moving forward.

    02

    Description of services

    JortegaWD provides custom software development services including but not limited to: web applications, e-commerce platforms, SaaS platforms, ERPs, corporate websites, APIs, third-party integrations, and maintenance of existing platforms.

    The exact scope of each project is defined in the commercial proposal or specific contract agreed between the parties. Any feature or deliverable not explicitly included in that document is considered out of scope and may incur additional costs.

    Delivery timelines are estimates and depend on the Client's timely provision of materials (copy, images, credentials, feedback) and approval of progress milestones within agreed timeframes.

    03

    Client obligations

    The Client agrees to: provide all necessary information, materials, and access credentials required for project development in a timely manner; review and approve (or reject with clear feedback) submitted progress within agreed timeframes; designate a decision-making point of contact for communication with the Provider.

    Delays caused by the Client's late delivery of materials or approvals are not the Provider's responsibility and may affect agreed delivery dates without constituting a breach of contract by JortegaWD.

    04

    Intellectual property

    Upon full payment of the project, the Client acquires the rights to use the delivered end product (source code, designs, and digital assets specifically created for the project).

    JortegaWD reserves the right to include the project in its portfolio and marketing materials unless an explicit confidentiality agreement is in place. Third-party tools, libraries, frameworks, and open-source components used in development are governed by their own licenses.

    JortegaWD retains all rights to its proprietary methodologies, processes, reusable generic components, and codebase developed prior to the project.

    05

    Payments and billing

    Projects are typically billed in two installments: 50% upfront and 50% upon delivery, unless a different arrangement is specified in the commercial proposal. For long-term or recurring maintenance engagements, monthly payment schedules apply.

    Payment delays may result in work being paused until the balance is settled. JortegaWD is not responsible for any business impact caused by such a pause.

    All prices are expressed in the currency agreed in the proposal (USD by default for US and international clients). Applicable taxes are calculated according to the laws of the Republic of Colombia.

    06

    Limitation of liability

    JortegaWD shall not be liable for indirect damages, lost profits, data loss, or business interruption arising from the use or inability to use the deliverables, except in cases of proven willful misconduct or gross negligence.

    JortegaWD's maximum liability to the Client under any circumstance shall be limited to the total amount paid for the project in question.

    JortegaWD does not guarantee that the software will be error-free, but commits to correcting any reported functional defects within 30 calendar days of final delivery at no additional charge.

    07

    Confidentiality

    Both parties agree to maintain the confidentiality of all technical, commercial, or strategic information shared during the project, and not to disclose it to third parties without the other party's prior written consent.

    This confidentiality obligation remains in effect for two (2) years after project completion, unless a different period is agreed upon.

    08

    Governing law and jurisdiction

    These Terms of Service are governed by the laws of the Republic of Colombia. Any dispute arising from the interpretation or execution of these terms shall be resolved, in the first instance, through direct negotiation between the parties.

    If no agreement is reached within 30 business days, the parties submit to the competent courts of Bogotá D.C., Colombia. International clients acknowledge this jurisdiction as a condition of engaging JortegaWD's services.

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    Terms of Service — JortegaWD