Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Karen Samonte ("we," "us," or "our") regarding your use of our website and services. By accessing our website, engaging our services, or entering into any agreement with us, you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you do not agree with any part of these Terms, you must not use our website or services. These Terms apply to all visitors, users, clients, and others who access or use our services.

2. Services Offered

Karen Samonte provides professional web development and related services, including but not limited to:

All services are provided according to industry best practices and professional standards. Specific service details, deliverables, timelines, and pricing are outlined in individual project agreements or statements of work.

3. Project Process and Client Responsibilities

3.1 Project Initiation

All projects begin with a consultation to understand your requirements, goals, and expectations. Following this consultation, we will provide a detailed proposal including:

• Project scope and deliverables
• Timeline and milestones
• Pricing and payment terms
• Technical specifications
• Roles and responsibilities

3.2 Client Responsibilities

To ensure successful project completion, clients are responsible for:

• Providing accurate and complete project requirements
• Supplying necessary content, images, and materials in a timely manner
• Providing access to required systems, accounts, and platforms
• Responding to requests for feedback and approval within agreed timeframes
• Making timely payments according to the agreed schedule
• Communicating changes or concerns promptly
• Testing and approving deliverables within specified review periods

3.3 Project Changes

Changes to project scope, requirements, or deliverables may result in additional costs and timeline adjustments. All changes must be agreed upon in writing before implementation. We will provide estimates for additional work before proceeding.

4. Payment Terms and Pricing

4.1 Pricing Structure

Our pricing is based on project complexity, scope, and timeline. We offer various pricing models:

• Fixed Project Pricing: Total cost agreed upfront for defined scope
• Hourly Rates: Time-based billing for ongoing or undefined work
• Retainer Agreements: Monthly fees for ongoing support and maintenance
• Milestone-Based: Payments tied to specific project deliverables

4.2 Payment Schedule

Payment terms vary by project size and type:

• Small Projects (Under $2,500): 50% deposit, 50% on completion
• Medium Projects ($2,500-$10,000): 30% deposit, 40% at midpoint, 30% on completion
• Large Projects (Over $10,000): Custom milestone-based payment schedule
• Ongoing Services: Monthly billing in advance

4.3 Payment Methods and Terms

We accept payments via bank transfer, PayPal, Stripe, and other approved methods. Payment terms are Net 15 days from invoice date unless otherwise specified. Late payments may incur a 1.5% monthly service charge and may result in project suspension.

4.4 Expenses and Third-Party Costs

Client is responsible for third-party costs including domain registration, hosting, premium plugins, stock images, and other external services. These costs are separate from our service fees and will be clearly itemized.

5. Intellectual Property Rights

5.1 Client-Owned Content

You retain full ownership of all content, materials, trademarks, and intellectual property you provide to us. This includes text, images, logos, brand materials, and any proprietary information.

5.2 Custom Development Work

Upon full payment, you will own the custom code, designs, and materials created specifically for your project. This includes custom themes, plugins, and unique functionality developed exclusively for your use.

5.3 Third-Party Components

Third-party components, frameworks, libraries, and tools remain subject to their respective licenses. We will clearly identify any third-party components used in your project.

5.4 Portfolio and Marketing Rights

We reserve the right to display completed projects in our portfolio and marketing materials unless you specifically request confidentiality in writing. We will not share confidential business information or proprietary details.

6. Warranties and Disclaimers

6.1 Service Warranty

We warrant that our services will be performed with professional skill and care in accordance with industry standards. We guarantee that custom code will be free from material defects for 30 days after project completion.

6.2 Website Performance

While we strive to optimize website performance, we cannot guarantee specific performance metrics, search engine rankings, or business results. Website performance depends on many factors including hosting, content, and third-party services.

6.3 Third-Party Services

We are not responsible for the performance, availability, or functionality of third-party services, plugins, or platforms integrated into your project. This includes hosting providers, payment processors, and external APIs.

6.4 Disclaimer of Warranties

Except as expressly stated, all services are provided "as is" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

7. Limitation of Liability

To the maximum extent permitted by law, our total liability for any claims arising from or related to our services shall not exceed the total amount paid by you for the specific services giving rise to the claim.

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

8. Termination

8.1 Termination by Client

You may terminate our services at any time with written notice. You will be responsible for payment of all work completed up to the termination date, plus any non-refundable expenses incurred.

8.2 Termination by Us

We may terminate our services immediately if you breach these Terms, fail to make required payments, or engage in conduct that we reasonably believe is harmful to our business or reputation.

8.3 Effect of Termination

Upon termination, we will provide you with all completed work and materials for which payment has been received. Any ongoing services will cease, and you will be responsible for maintaining your own systems and websites.

9. Confidentiality

We understand that you may share confidential information with us during the course of our engagement. We agree to maintain the confidentiality of all proprietary and confidential information and will not disclose such information to third parties without your written consent.

This confidentiality obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

10. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, or technical failures of third-party services.

11. Dispute Resolution

11.1 Informal Resolution

We encourage open communication and will work with you to resolve any disputes informally. Please contact us directly to discuss any concerns or issues.

11.2 Mediation

If informal resolution is unsuccessful, disputes will be resolved through binding mediation before a qualified mediator agreed upon by both parties.

11.3 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where Karen Samonte operates, without regard to conflict of law principles.

12. General Provisions

12.1 Entire Agreement

These Terms, together with any signed agreements or statements of work, constitute the entire agreement between you and us regarding our services.

12.2 Modifications

We may update these Terms from time to time. Material changes will be communicated to active clients. Continued use of our services after changes constitutes acceptance of the updated Terms.

12.3 Severability

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

12.4 Assignment

You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations with reasonable notice.

13. Contact Information

If you have any questions about these Terms of Service, please contact us through our contact page or email us at contact@karensamonte.com.

We will respond to all inquiries within 48 hours during business days.