The rules of the deal.

Scope

Every project is defined in a written proposal: what we deliver, in how many stages and under what conditions. What is not in the proposal is not contracted.

If during the project you ask for something outside that scope, we quote it separately and wait for your approval before doing it. No charge ever appears that you have not approved in writing.

How approvals work

The project advances in stages. Each stage is presented, reviewed and approved before the next one starts.

Each stage includes two rounds of adjustments on what was presented. A round is a collected block of comments, not a single loose remark. Changes that arrive after a stage is approved, or that move a direction already approved, are quoted as additional work.

If ten business days pass with no comments and no approval, we consider the stage approved and continue.

What you provide

Copy, logos, photographs, databases, credentials and any material you hand us are your responsibility. By sending them you declare that you have the right to use them and you authorize us to incorporate them into the project.

We do not verify ownership of what we receive. If a third party makes a claim over material you provided, the claim is yours.

Payments

Projects are billed against the stages described in the proposal, with a deposit before starting. That deposit reserves the slot in the calendar and is not refundable.

Amounts are invoiced in the currency stated in the proposal. Applicable taxes are added under current legislation and we issue the corresponding tax receipt.

A stopped payment stops the work. We pick it up again when the payment is brought current, on the first free date in the calendar, which may not be the original one.

Continuous service is billed in advance for each period. If a period goes unpaid, we notify you in writing; if fifteen calendar days pass from that notice and it is still unpaid, the service is suspended and the site stops being published. It is reactivated once the payment is brought current.

Timelines

The dates in the proposal are calculated on a flow of approvals and materials arriving on time. If comments, credentials or content arrive late, delivery moves by the same amount they took.

We are not responsible for third party delays: hosting providers, domain registrars, payment gateways, app stores or any platform outside of us.

Ownership of the work

Your brand is yours and stays yours: name, logo, copy, photographs and every material you hand us. We never claim anything over that.

What we build ourselves (the design, the code, the configuration and the systems that make it run) is our authorship and stays that way. What you receive is a licence to use it, exclusive to your business, in force while the service is current.

That licence lets you use the site and everything built to operate and promote your business, with no territorial limit. It does not include reselling it, assigning it to a third party or having another provider copy it or derive from it.

If you would rather own the code and the production files, that is possible: it is an assignment of rights that is quoted separately and signed separately. It is not included in the price of the project or in the monthly fee.

Excluded in every case are third party software and typefaces, which are licensed under the conditions of whoever sells them; our internal tools, base components and working methods; and the versions and proposals that were not selected.

Moral rights belong to the author and cannot be waived, under the Mexican Federal Copyright Law (Ley Federal del Derecho de Autor).

Continuous service

A site is not a file that gets delivered and forgotten: it is a service that has to stay standing. We keep it published, updated and running, and we hold the technical credentials that requires: hosting, deployment, certificates and configuration.

That service is billed by period, in the amount and frequency stated in the proposal. It includes hosting, security updates, backups, monitoring and the minor content adjustments described there.

The domain is registered in your name whenever you ask for it, and it is yours. The platform and publishing environment credentials are administered by us for as long as the service lasts.

If the service ends, the site stops being published. We hand you your content, your images, your copy and your data in a usable format, and we walk you through moving the domain wherever you say. What is not handed over, absent an assignment signed separately, is the code and the configuration: that is what the licence covered.

Portfolio

We reserve the right to show finished work in our portfolio, on our social accounts and in presentation material, with your name and your brand, once the project is public.

If a piece cannot be shown, say so in writing before we start and it stays out. Under a confidentiality agreement we publish nothing.

We never publish internal information, business figures or your customers data.

Warranty

We fix defects in what we built at no cost during the thirty calendar days following delivery: functional failures, broken links, deployment errors.

Outside that fix are new content, additional features and failures caused by changes made by you or by third parties after delivery. Ongoing maintenance is contracted separately.

Cancellation

You can cancel at any time with written notice. Work performed up to the date of the notice is billed and the deposit is not returned.

We can also end it ourselves for lack of payment, for prolonged lack of response, or if the project requires something illegal, deceptive or that invades third party rights. In that case we hand over what was approved up to that point and return what was paid for work not performed.

Continuous service is cancelled with thirty calendar days of written notice, from your side or from ours. During those thirty days the site stays online and we hand you your content and your data, as the continuous service clause states. Periods already billed are not refunded.

Liability

We deliver the work as described in the proposal. We do not guarantee business results: sales, search rankings, traffic and conversions depend on factors outside our control.

Our total liability against any claim is limited to the amount you have paid us for the project in question. We are not liable for indirect damages, lost profits or loss of data.

None of the above limits liability that the law does not allow to be limited.

Confidentiality

What you tell us about your business stays between us. We do not share it, we do not sell it and we do not use it outside the project.

The obligation stays alive after the work is finished.

Personal data

The processing of personal data is governed by our Privacy policy.

Changes to these terms

We may update this document. The version that applies to your project is the one in force on the day the proposal was approved. Every change is published on this page with its date.

Governing law

These terms are governed by the laws of the United Mexican States.

For any controversy, the parties submit to the competent courts of Mexico City, and waive any other jurisdiction that might correspond to them by reason of present or future domicile. Working with a client outside Mexico does not change this.

Contact

Questions about these terms: write to us at [email protected].

The service is provided by Ricardo Romero Jara, operating under the trade name Ousen. The full tax details for your invoice are given to you on contracting, together with the proposal.