Terms and Conditions

The terms of services from Sosa Prieto Investments LLC and ivansosa.com [hereafter referred to as “IVAN SOSA”] constitutes agreement to these terms.

Terms of Service

All Graphic Design, Web Design & Development and Ongoing services provided by IVAN SOSA are subject to the following terms and conditions.

Estimates & Contracts

Estimates provided to prospects will be honored for 30 days. A new quote will then be provided upon request. Contracts that have been written, but not signed by the client will only be accepted within 30 days of the delivery date. A new contract may be drawn up upon request.

Charges & Fees

With the exception of prepaid web design packages, all new web design projects require an initial 50% deposit that will be due at contract signing. The remaining 50% balance will be due upon acceptance of the completed web development project before it is released to the client or published to the internet.

All new web design projects that exceed $600 US can be split into three payments. An initial deposit of 1/3 of the total project cost will be due at contract signing. A second payment of 1/3 the total project cost will be due upon acceptance of the design. The final balance will be due upon acceptance of the completed web development project before it is released to the client or published to the internet.

Payments

IVAN SOSA accepts payments via Cash, PayPal and all major Credit Cards. Your payment should come from PayPal available funds or credit card.  Your project will not be released to you or uploaded until full payment is received.
Check payments are not accepted.

Hours of Operation

Our business hours are Monday-Friday from 9am-5pm EST.  If you require maintenance after the posted hours, such as on weekends or holidays, you will be charged our base rate of $95 per hour with an additional charge of $45 per hour for after hours assistance.

Website Design Credit

All IVAN SOSA’s custom web design clients will have a Design by: ivansosa.com (or an equivalent commercial brand) link on their website in the footer of every page. This is non-negotiable. By hiring us to work on your website you are agreeing to this, and that you understand that this link may NOT be removed without our consent. You may pay IVAN SOSA a fee of $500 to have this link permanently removed. Should you have a new layout designed for your site by a company other than IVAN SOSA, you may remove the credit from your website.

Copyright & Ownership

Upon completion of the project, IVAN SOSA transfers all rights and ownership of CUSTOM designs and programming written by IVAN SOSA to the client. Software and third party graphics or programs are not transferred to the client and remain under copyright of their respective owners.

IVAN SOSA reserves the right to resell custom designed websites that remain unpaid by the original client, unaccepted mockups or other graphics created by IVAN SOSA but not in legal use by the client.

IVAN SOSA reserves the right to display websites and graphics that have been designed by IVAN SOSA on their website, and in any marketing material to aid as examples of our work.

Refunds

IVAN SOSA requires a deposit before we begin work on any project. A request to terminate services must be presented to IVAN SOSA in writing.
If we fail to complete your project within the agreed timeframe, given the client has turned in all content, images and information requested by us in the specified timeframe included in the contract, you will receive a 50% refund within 30 days of your written request. Otherwise, please follow the refund terms below.

Refunds will be processed within 30 business days of request by the client, if there is a refund amount due based on the terms above.

Any prepaid packages are not refundable.

Chargebacks

IVAN SOSA will not negotiate chargebacks with any person or company. Our Refund policies are clearly stated above, and all clients are asked to read and agree to our terms of service prior to the start of any project.

Domain names and Hosting

IVAN SOSA can, at its own discretion, but is not obliged to, offer domain name registration and hosting via a third-party service.

The Client agrees that registration of a domain name does not provide an endorsement of the right to use the name. The Client is responsible for ensuring they have due title to the domain name. IVAN SOSA holds no liability and the Client hereby agrees to indemnify and hold harmless IVAN SOSA from any claim resulting from the Client’s registration of a domain name.

The domain name is registered in the Client’s own name, with the address and contact details of IVAN SOSA. The Client should be aware that a domain name is registered with a third party and as such the Client shall agree to fully abide by the terms and conditions set out by the third party for such services.

The Client agrees to take all legal responsibility for use of third-party domain name and hosting services and supply truthful details to the third party services.

The Client agrees that information submitted for registration of domain names is then available to the general public via the Nominet Whois system. However, Clients who are using their website for non-trading purposes may ask the third party registrar for their contact information not to be included in the Nominet Whois system.

The Client is liable to pay IVAN SOSA for any domain name registrations and the initial set-up of the hosting if included as part of the website build.

Any support relating to the domain name, hosting and email services are between the Client and the third-party service.

Any other domain name and hosting services or costs not included by IVAN SOSA, including but not limited to further domain name registration fees, domain name transfer charges, yearly domain name renewals, hosting charges, yearly hosting renewals, hosting upgrades, extra disk space, bandwidth and any other related or hidden charges, are to be paid by the Client to the third party services.

The Client agrees to pay the domain name and hosting fees as soon as required by the third party. Any modifications needed to the domain name or hosting services are to be made between the Client and third-party service.

The Client agrees that if at any time their contact details, including email address, change, it is their responsibility to contact the third party and update their contact details. Failure to do so may mean that renewal invoices for the domain name and hosting services are not received by the Client.

Payment for a domain name and hosting services is to be made immediately upon receipt of an invoice from the third party service. Failure to comply with the payment terms may result in the Client’s domain name becoming available to another party and/or the website and email services becoming unavailable.

The Client agrees to pass on FTP details and any other access details relating to their domain name and hosting account that IVAN SOSA requires uploading the website if required as part of a project.

IVAN SOSA reserves the right without notice to cancel, reject or refuse work with domain names or hosting services without reason for such rejection or refusal.

The Client agrees to be liable for their use of the domain name, hosting and email services with the third party and hereby agrees to indemnify and hold harmless IVAN SOSA from any claim resulting from the Client’s publication of material and use of the domain name, hosting and email services.

The Client agrees to take full responsibility for all usage of the domain name, hosting and email services and to fully abide by the terms and conditions set out by the third party for such services.

Development & Delivery

IVAN SOSA understands the importance of completing projects in a timely manner. We agree to complete the web design project within the stipulated time frame in the contract. The client must supply IVAN SOSA with complete text, graphic content and other requested materials for the contracted client within 5 to 15 days of contract signing, depending on the scope of the project. 

The contract becomes void and all deposits paid by the client are forfeited if the client does not deliver the requested material on the stipulated time frame.
The client may request a Project Extension in writing to IVAN SOSA for an additional fee of 20% of the project total cost for every 30 days of extension. All extension fees are due upon agreement of the extension between IVAN SOSA and the client.

Non-Communication

If we are unable to communicate with a client on a project for a duration of at least twenty days (20) by phone or email during the design and development process, the project will be canceled without prior notice and no refund will be issued.

Liability

Services purchased from IVAN SOSA are provided “as is” without warranty of any kind that the web design project will be uninterrupted or error free. In no event shall IVAN SOSA be liable to the client for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of the website, services, and/or goods provided to the client. This includes, without limitation, lost profits, business interruption, loss of data or other losses directly resulting from the use of the website, services, and/or goods provided to the client. The entire risk as to the quality and performance of the web design is with the client.

The Client agrees that IVAN SOSA is not liable for any bugs, performance issues, virus, trojan, or malware attacks or failure of their WordPress (and/or WooCommerce) software as WordPress (and WooCommerce) is open-source software distributed under the GPL (GNU General Public License) and is maintained and developed by a community of thousands of users and developers. Any bugs, performance issues or failure with the software will be directed to the WordPress (and WooCommerce) Development community via WordPress (and WooCommerce).org. It will be necessary to regularly update WordPress, WooCommerce, and any plugins (and any other software used in the website). Unless a support contract is opted for by the client then updates are NOT the responsibility of the developer. Therefore the developer cannot be held responsible for any faults, bugs, viruses, trojans, malware etc., or problems occurring on the site or with the hosting.

If the client chooses not to host the website on the developers hosting solution then IVAN SOSA reserves the right to not upload the website or set-it-up on the clients hosting solution, this will be the sole responsibility of the client. The client will be solely responsible for ensuring the website is functional and secure on their hosting solution. IVAN SOSA will in no way be held responsible for the website or any resulting issues. Should the client allow access to their hosting for the purpose of uploading the website, fixing bugs on the website, or any other request of the developer made by the client in writing (email) then IVAN SOSA will in no way be held responsible for any faults or issues occurring on the website or the clients hosting. Responsibility for any problems on their hosting solution will lie solely with the client and not IVAN SOSA.

IVAN SOSA is in no way responsible for the date on the client’s website. It is the client’s responsibility to backup all data.

Should IVAN SOSA be replacing an existing website created by anyone else other than IVAN SOSA (either on the clients or developers hosting) then the client is responsible to make suitable backups before the new website can be uploaded. Once the new website is live IVAN SOSA can in no way be held responsible for the previous website.

IVAN SOSA endeavors to provide a website within given delivery timescales to the best of its ability. However, the Client agrees that IVAN SOSA is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery timescale.

The Client agrees that IVAN SOSA is not liable for any failure to carry out services for reasons beyond its control, including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on a major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.

IVAN SOSA is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.

On handover of files from IVAN SOSA to Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use.

Should the Client go into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, IVAN SOSA reserves the right to cancel forthwith any projects and invoice the Client for any work completed.

IVAN SOSA shall have no liability to the Client or any third parties for any damages, including but not limited to claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or website, even if IVAN SOSA has been advised of the possibility of such damages.

There are sometimes laws and taxes that affect Internet e-commerce. The Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend IVAN SOSA and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet e-commerce.

IVAN SOSA may from time to time recommend to the Client that updates are needed to their site, including but not limited to new legislation compliance, software compatibility and web standards. The Developer reserves the right to quote for any updates as separate work. The Client agrees that the Developer is not liable for any failure to inform or implement these updates to their site. The Client agrees that it shall defend, indemnify, save and hold IVAN SOSA harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.

International Customers

We are happy to accept projects from customers outside of the United States. However, we do require a 50% advance payment of all projects prior to beginning your project via Credit Card, regardless of the cost of the project. This is non-negotiable.

Notice: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Exclusive jurisdiction and venue is as governed in the district court of Miami Dade County, Florida, United States of America.

Acceptance

Please note that by submitting your Deposit or downpayment for our services you are agreeing to all of our terms of service as written here. IVAN SOSA reserves the right to change or update these terms at any time without prior notice.

Ongoing Support & Internet Marketing Services

Are subject to the above terms and are paid on a yearly, monthly or hourly basis depending on the agreement details as stated in the original estimate(s).

Content

All services provided by IVAN SOSA may only be used for lawful purposes. 

All content provided by the client to IVAN SOSA must be legal and comply with the laws of copywriting of the United States of America.

The laws of the State of California, State of Florida, the State of Texas, and the United States of America apply.

The customer agrees to indemnify and hold harmless IVAN SOSA from any claims resulting from the use of our services.

IVAN SOSA reserves the right to refuse to handle:

1. Any media that is unlawful or inappropriate.
2. Any media that contains a virus or hostile program.
3. Any media that constitutes harassment, racism, violence, obscenity, harmful intent or spamming.
4. Any media that constitutes a criminal offense, or infringes privacy or copyright.

Website Development & Ongoing Support

POST LAUNCH & INITIAL WEBSITE SUPPORT (Now that your new website is online)

It is up to the client to do their due-diligence to check and test the site prior to the approval and launch of the new website. Any and all website related changes, questions, updates and support issues outside the maintenance period specified in the contract will be billed at our normal hourly rate of $95/hour (Our hourly rate is subject to change without written notice). If you require any additional website support it is highly recommended that you sign-up with one of our ongoing website support plans. If you would like more info about our ongoing support plans then please send us an email request.

Confidentiality

During the term of this agreement and afterward, the IVAN SOSA will use reasonable care to prevent the unauthorized use or dissemination of Client’s confidential information.  Confidential information is limited to information clearly marked as confidential. 

Confidential information does not include information that: IVAN SOSA knew before Client disclosed it; is or becomes public knowledge through no fault of IVAN SOSA ; IVAN SOSA  obtains from sources other than Client who owe no duty of confidentiality to Client, or Developer develops independently. 

Termination of Agreement

This Agreement will automatically terminate when both Parties have performed all their obligations under the Agreement and all payments have been made. 

Should there be a desire to terminate the agreement before the completion of the project, the Client will notify the IVAN SOSA 10 days in advance, and pay for services already completed and for hours already worked. 

Indemnification

Customer agrees that it shall defend, indemnify, save and hold IVAN SOSA harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against IVAN SOSA, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless IVAN SOSA against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with IVAN SOSA; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.

Arbitration

By using any IVAN SOSA’s web design services, you agree to submit to binding arbitration. If any disputes or claims arise against IVAN SOSA or its subsidiaries, such disputes will be handled by an arbitrator of IVAN SOSA’s choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Florida. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

Disclaimer

IVAN SOSA shall not be responsible for any damages your business may suffer. IVAN SOSA makes no warranties of any kind, expressed or implied for services we provide. IVAN SOSA disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by IVAN SOSA and its employees.

Disclosure to law enforcement

IVAN SOSA may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.

We will cooperate fully with law enforcement agencies.

Changes to the Terms of Services

IVAN SOSA reserves the right to revise its policies at any time without notice.