Terms of Service

Last updated: January 1, 2025

1. Agreement to Terms

By accessing my website, contacting me for services, or entering into a service agreement with Andrew Lensch ("I," "me," or "my"), you ("Client," "you," or "your") agree to be bound by these Terms of Service and all applicable laws and regulations.

2. Description of Services

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

• Web Design & Development: Custom website creation, responsive design, and user interface development
• E-commerce Solutions: Basic online stores with payment integration and product catalogs
• Mobile Optimization: Responsive design and mobile-first development approaches
• SEO Optimization: Basic search engine optimization, meta tags, and content optimization
• Website Maintenance: Updates, bug fixes, and ongoing support (when contracted separately)
• Consultation Services: Technical advice, project planning, and strategic guidance

3. Service Agreement Process

3.1 Project Initiation

1. Initial Consultation: We discuss your project requirements, timeline, and budget
2. Proposal: I provide a detailed proposal including scope, deliverables, timeline, and cost
3. Agreement: Upon acceptance, we formalize the agreement via email or written contract
4. Deposit: A deposit (typically 25-50%) is required before work begins

3.2 Project Development

• Regular communication and progress updates via Discord or email
• Milestone-based delivery with client feedback opportunities
• Revisions included as specified in the project proposal
• Final delivery upon completion and final payment

4. Payment Terms

4.1 Pricing and Fees

• All prices are quoted in US Dollars (USD)
• Pricing is project-based unless otherwise specified
• Current starting prices: Web Design ($250), E-commerce ($400), Mobile Optimization ($150), SEO ($100)
• Additional features or scope changes may incur additional charges

4.2 Payment Schedule

• Deposit: Required before work begins (25-50% of total project cost)
• Milestone Payments: For larger projects, payments may be split into milestones
• Final Payment: Due upon project completion and before final delivery
• Payment Methods: PayPal, bank transfer, or other mutually agreed methods

4.3 Late Payments

Late payments may result in:

• Work suspension until payment is received
• Late fees of 5% per month on overdue amounts
• Withholding of project files or access credentials

5. Client Responsibilities

5.1 Content and Materials

• Provide all necessary content, images, and materials in a timely manner
• Ensure all provided content is original or properly licensed
• Review and approve deliverables within agreed timeframes
• Provide constructive feedback and clear revision requests

5.2 Communication

• Respond to communications within 48-72 hours during business days
• Attend scheduled meetings or provide advance notice of conflicts
• Designate a single point of contact for project decisions

5.3 Technical Requirements

• Provide hosting credentials and necessary access when required
• Ensure hosting environment meets project requirements
• Maintain current backups of existing websites (if applicable)

6. Intellectual Property Rights

6.1 Client Content

• You retain ownership of all content, images, and materials you provide
• You grant me a license to use your content solely for your project
• You warrant that you have the right to use all provided materials

6.2 Development Work

• Upon full payment, you receive ownership of the custom code developed for your project
• Third-party components, plugins, or frameworks retain their original licenses
• I retain the right to use general techniques, skills, and knowledge gained
• I may showcase completed work in my portfolio unless confidentiality is agreed upon

6.3 My Intellectual Property

• I retain ownership of my methodologies, templates, and proprietary processes
• Pre-existing code libraries and frameworks remain under their original licenses

7. Project Timeline and Delivery

7.1 Timeline Estimates

• Project timelines are estimates based on project scope and complexity
• Timelines depend on timely client feedback and content provision
• Major scope changes may require timeline adjustments

7.2 Delays

Delays may occur due to:

• Late client feedback or content provision
• Scope changes or additional feature requests
• Technical issues beyond my control
• Force majeure events (natural disasters, health emergencies, etc.)

8. Revisions and Changes

8.1 Included Revisions

• Each project includes a specified number of revision rounds
• Revisions must be within the original project scope
• Minor adjustments and bug fixes are typically included

8.2 Additional Work

• Major changes beyond the original scope are considered additional work
• Additional work requires separate agreement and payment
• Rush requests may incur additional charges

9. Warranties and Disclaimers

9.1 Service Warranties

• I warrant that work will be performed with professional skill and care
• Websites will function as designed at the time of delivery
• Code will be free from major defects for 30 days after delivery

9.2 Disclaimers

• I cannot guarantee specific search engine rankings or traffic results
• Third-party integrations may be subject to external service limitations
• Browser compatibility is based on current standards at time of development
• Security cannot be 100% guaranteed due to the nature of internet technologies

10. Limitation of Liability

To the maximum extent permitted by law:

• My total liability shall not exceed the amount paid for the specific project
• I am not liable for indirect, incidental, or consequential damages
• I am not responsible for data loss due to client actions or third-party services
• Claims must be made within 6 months of project completion

11. Termination

11.1 Client Termination

• You may terminate the project with written notice
• Payment is due for all work completed up to termination date
• Deposits are non-refundable unless otherwise agreed
• You receive deliverables for paid work upon final payment

11.2 My Termination Rights

I may terminate the agreement if:

• Payment is significantly overdue
• You breach these terms of service
• The project scope changes substantially from the original agreement
• Communication becomes abusive or unprofessional

12. Confidentiality

• I will keep your business information confidential
• I will not share your project details with third parties without permission
• Confidentiality extends beyond project completion
• Portfolio showcasing rights may be waived upon request

13. Support and Maintenance

13.1 Post-Launch Support

• 30 days of bug fixes and minor adjustments included
• Basic questions and guidance provided for 60 days
• Ongoing maintenance available as separate service agreement

13.2 Third-Party Services

• Hosting, domain registration, and third-party plugins are client responsibility
• I can provide recommendations but cannot guarantee third-party service performance
• Additional costs for third-party services are separate from my fees

14. Force Majeure

I am not liable for delays or failure to perform due to circumstances beyond my reasonable control, including but not limited to:

• Natural disasters, pandemics, or health emergencies
• Internet outages or hosting provider issues
• Government actions or regulations
• Personal or family emergencies

15. Dispute Resolution

15.1 Communication First

• We agree to attempt resolution through direct communication
• Good faith efforts to resolve disputes amicably are required
• Documentation of communications may be helpful

15.2 Mediation

• If direct communication fails, we agree to attempt mediation
• Mediation costs to be shared equally
• Mediation location to be mutually agreed upon or conducted virtually

16. Governing Law

These Terms of Service are governed by the laws of the State of Washington, United States. Any legal proceedings will be conducted in Washington State courts with jurisdiction over my location.

17. Changes to Terms

• I may update these terms periodically
• Changes will be posted on my website with an updated date
• Existing projects remain under the terms agreed upon at project start
• New projects will be subject to current terms

18. Severability

If any provision of these Terms of Service is found to be unenforceable, the remaining provisions will continue in full force and effect.

19. Entire Agreement

These Terms of Service, along with any project-specific proposals or contracts, constitute the entire agreement between us regarding my services. No oral modifications are binding unless confirmed in writing.

20. Contact Information

If you have questions about these Terms of Service or need clarification about any service terms, please contact me:

Andrew Lensch
Freelance Web Developer
Discord: @vuurees
Website: tacomawebworks.com

I'm committed to clear communication and fair business practices. Don't hesitate to reach out if you need any clarification about these terms before starting a project.