Terms and Conditions of Use

1. Acceptance of Terms

Welcome to the website of Jose Omar Fernandez Fuentes. By accessing and using this website and our web design, SEO, and programming services, you agree to comply with these Terms and Conditions. If you do not agree with any part of these terms, please do not use our website or our services.

Service Provider:

2. Definitions

• "We", "our": Refers to Jose Omar Fernandez Fuentes
• "You", "client": Refers to the user of this website or service contractor
• "Services": Web design, web development, SEO, programming, and related services
• "Website": This website and all its content
• "Project": Specific work agreed between the client and service provider

3. Services Offered

We offer the following professional services:

3.1 Web Design and Development

• Responsive website design
• Web application development
• User interface design (UI/UX)
• HTML/CSS layout
• Development with modern frameworks (React, Next.js, etc.)

3.2 SEO Optimization

• Technical SEO
• On-page optimization
• Keyword analysis
• Web performance improvement
• Content strategies

3.3 Programming and Development

• Frontend and backend development
• API integration
• Custom functionality development
• Maintenance and technical support

4. Hiring Process

4.1 Quote Request

• The client requests a quote detailing their needs
• We provide a quote within 48-72 business hours
• The quote is valid for 30 calendar days

4.2 Quote Acceptance

• The client accepts the quote via written confirmation (email)
• A specific service contract or agreement is signed
• A work schedule and deliverables are established

4.3 Project Start

• The project starts after receiving the agreed initial payment
• Specific delivery deadlines are assigned
• Communication channels are established

5. Commercial Terms

5.1 Prices and Payments

• All prices are expressed in Colombian Pesos (COP) or US Dollars (USD)
• Prices do not include VAT (19%) unless specified otherwise
• Accepted payment methods: Bank transfer, Nequi / Daviplata, PayPal (international projects), others by agreement

5.2 Payment Structure

5.3 Payment Deadlines

• Invoices must be paid within 5 business days after issuance
• Payment delays may result in project suspension
• Late payments over 15 days may generate late interest of 1.5% monthly

5.4 Refunds

• No refunds are made once the project has started
• If the client cancels before start, 100% of the advance is refunded
• Cancellations after start: work completed according to progress is charged

6. Intellectual Property and Copyright

6.1 Client Ownership

Upon complete payment, the client obtains full usage rights of the final delivered design, project source code, design files (if applicable), and necessary licenses for website operation.

6.2 Rights Reserved by Provider

• Include the project in our portfolio
• Use screenshots in marketing materials
• Mention the project as a reference (unless confidentiality agreement)

6.3 Third-Party Code and Frameworks

• Open-source frameworks maintain their original licenses
• Third-party libraries are governed by their respective licenses
• Client will be notified of any specific license dependencies

6.4 Client Content

• The client retains all rights to content they provide
• The client guarantees having rights to all supplied material
• The client is responsible for any copyright infringement

7. Client Responsibilities

7.1 Material Provision

• Provide content, texts, and images on time
• Ensure having rights to all provided material
• Review and approve deliverables within agreed deadlines
• Provide clear and constructive feedback

7.2 Access and Credentials

• Provide necessary access (hosting, domain, APIs)
• Maintain security of their own credentials
• Inform any changes in access or platforms

7.3 Communication

• Maintain active communication during the project
• Respond to inquiries within a reasonable time (maximum 72 hours)
• Designate a single point of contact if an organization

8. Our Responsibilities and Guarantees

8.1 Commitments

• Deliver professional quality work
• Meet agreed deadlines (except for force majeure causes)
• Maintain clear and regular communication
• Protect project confidentiality

8.2 Functionality Guarantee

• We guarantee correct website operation for 30 days post-delivery
• We correct programming errors at no additional cost during this period
• Guarantee does not cover scope changes or new functionalities

8.3 Limitations

We do not guarantee:

• Specific search engine rankings
• Specific web traffic or conversions
• Compatibility with obsolete or discontinued browsers
• Operation with unagreed third-party plugins or themes

9. Modifications and Scope Changes

9.1 Minor Changes

• Minor adjustments within agreed scope are included
• Up to 2 rounds of revisions are allowed at no additional cost

9.2 Significant Changes

• Changes that alter original scope require additional quotation
• Project will be paused until additional cost is approved and agreed
• Delivery deadlines will be adjusted according to requested changes

9.3 Change Orders

• All significant changes will be documented in writing
• Explicit approval will be required before proceeding
• Additional costs and times will be communicated before execution

10. Deadlines and Deliveries

10.1 Schedule

• A schedule is established at project start
• Deadlines depend on project complexity and scope
• Client delays in providing materials extend deadlines

10.2 Final Delivery

• Client is notified when the project is ready
• Client has 7 days for final review
• Official delivery proceeds after approval and final payment

10.3 Force Majeure

Deadlines may be extended by events beyond our control, emergencies, third-party technical issues, or natural disasters.

11. Confidentiality

11.1 Confidential Information

• Maintain confidentiality of all client sensitive information
• Not disclose commercial or strategic details
• Protect provided credentials and access

11.2 Exceptions

Information that is public, legally obtained from third parties, or required by law is not considered confidential.

12. Contract Termination

12.1 Termination by Client

• You can cancel the project with 7 days written notice
• Work completed to date will be billed
• No refund of advance if work has already started

12.2 Termination by Provider

We may terminate the contract if there are payment defaults, lack of materials, abusive conduct, or fraudulent/illegal activity.

12.3 Delivery upon Termination

Work completed to date is delivered; client must pay for work performed and source files are not delivered without full payment.

13. Limitation of Liability

Our liability is limited to the total amount paid by the client for the specific project and to error correction within the warranty period.

We are not responsible for loss of income, indirect damages, third-party incompatibilities, external service failures, or cyber attacks.

14. Post-Delivery Support and Maintenance

14.1 Included Support

• 30 days of support for error correction
• Basic assistance via email
• Delivered project documentation

14.2 Additional Services

Can be contracted separately: monthly maintenance, content updates, new functionalities, extended support, hosting and domain.

15. Hosting and Domain

The client is responsible for contracting hosting and domain. We can advise or offer management (additional cost).

16. Acceptable Use

We will not develop projects that promote illegal content, violate rights, promote hate/violence, or facilitate fraudulent activities.

We reserve the right to reject or terminate projects that violate these principles.

17. Dispute Resolution

We will attempt to resolve disputes through direct communication. If unsuccessful, professional mediation can be sought (costs 50/50).

These terms are governed by Colombian laws and jurisdiction in Bucaramanga, Santander, Colombia.

18. Communications

• Email: joseomarfernandez747@gmail.com
• WhatsApp: +57 310 785 1074
• Video calls: for scheduled meetings

Business hours: Monday to Friday, 9:00 AM - 6:00 PM (Colombia Time). Email responses: 24-48 business hours.

19. Modifications to Terms

We may update these terms occasionally. Significant changes will be notified and the update date will reflect changes.

Ongoing projects are governed by terms in effect at the time of signing.

20. General Provisions

• Divisibility: if any provision is invalid, others remain in effect
• Assignment: rights cannot be transferred without written consent
• Entire agreement: these terms and specific contract constitute the agreement
• Waiver: not exercising a right does not imply waiver of that right

21. Data Protection

Personal data processing is governed by our Privacy Policy .

For cookies and similar technologies, see our Cookies Policy .

22. Contact and Questions

If you have questions about these Terms and Conditions:

Effective date: January 28, 2026 · Version: 1.0