This page establishes the terms and conditions under which you can request the web design and development services of RAÚL GONZALO MARTIARENA VALDIVIA administrator of raulmartiarena.com (RUC Number 10702016857).
These Terms and Conditions are of a commercial nature, with no employment relationship with the client in any case. By requesting my services as a Designer and Web Developer, the client approves that he has read, understood and agreed to be bound by the following Terms and Conditions:
Use and acceptance of the service
To receive my services, you must be at the legal age within your jurisdiction, possess the legal authority, the right, and the freedom to participate in these terms and conditions as a binding agreement. You are not allowed to use and/or receive my services if they are prohibited in your country or under any applicable law or regulation.
The website developed will be adaptable to both mobile devices (smartphones, tablets, laptops, etc.) as well as visible in the most popular internet browsers (Google Chrome, Mozilla Firefox, Microsoft Edge, Opera and Safari).
Summary of the development of all web projects
- Content Manager (CMS): The WordPress content manager will be used to give the client total freedom in editing the content of their website.
- Web Design: WordPress templates will be sent and used as a base scheme or reference for the web design of site, these templates will be modified in design and color to the client’s needs. 1
- Additional plugins and details: The client can request the implementation of small codes (Google analytics, Facebook Pixels, etc.) or plugins available for WordPress that they believe are necessary for the development of the project. 2
- Project development: Once the features have been agreed and the content for the web (texts, images, multimedia, etc.) has been sent, RAÚL GONZALO MARTIARENA VALDIVIA will start the website development on its own servers or the server that the client provides for the project within the agreed time. 3
- Content upload: As agreed, a limited number of publications or products may be added to the client’s website, free of charge.
- Reviews and revisions: The client can supervise the project to incorporate, according to his/her instructions, the contents of the website and make any necessary observations. 4
- Website release: The client will provide me with the access to upload the web developed to the hosting with the specified domain, otherwise the project code and all its content will be delivered in a compressed folder.
- Project delivery in a compressed folder: I’ll delivered to the client a backup of the project (including files used on the website and the database) in a compressed folder created with Duplicator plugin, which be send to the client email address using the SendSpace service (or any other file hosting service).
(1) In the event that you deliver a manual, style guide or similar related to your corporate image, RAÚL GONZALO MARTIARENA VALDIVIA cannot guarantee the exact application of colors and fonts detailed in the guide when they are converted to a different media or format for that were created, due to the technical limitations of each media.
(2) The codes and plugins to be added must be existing, easy to implement and used with their default features, otherwise they will be considered as a custom feature that will be added with their respective quote. If they are Premium pay features, the cost will be assumed by the client.
(3) (4) RAÚL GONZALO MARTIARENA VALDIVIA reserves the right, prior communication and mutual agreement, to extend the development time of the project or change the release date of the project if the total delivery of the contents isn’t made or if a drastic technical change in the project is requested.
The project is considered finished, with the payment of the economic consideration of the service and the respective website release.
A redesign of the website, as well as the implementation of services not agreed upon at the beginning of the development and work subsequent to its completion, will be considered as a new project and will be subject to the new conditions agreed for the case.
Project delivery time
The average development time for any web project is 23 business days (Peru), not including weekends, but may subject to change as the agreed with the client.*
However, the development time of the project could be reduced, or extended, if the following is fulfilled or not:
- Clear and well-defined instructions on the characteristics of the web by the client at the beginning of the development of the web.
- Total content delivery for the site (images, text, multimedia).
- At least 1 weekly review of project progress.
Keep in mind that drastic changes (many) or massive additional information to the website could extend the development time of the project (Including the creation of new sections, customization of plugins or features not listed at the beginning agreement).
* The minimum development time for any project is 15 business days (Peru).
Hosting and Domain
If you do not have a hosting where you can upload the finished web project, RAÚL GONZALO MARTIARENA VALDIVIA can get you hosting with the optimal features for your business website.
The price of hosting and domain may change according to the requirements of the project.
The domain will be buy it in the name of the client and the hosting will be in charge of the company that provides its support.
If you already have your own hosting and domains, the finished website will be uploaded or the project will be developed on the client’s server, however RAÚL GONZALO MARTIARENA VALDIVIA will not be responsible for the delays and inconveniences caused if the client’s server or hosting does not comply with the features needed for the web development and reception of a new website.
These drawbacks include:
- PHP version out of date: PHP version 5.6 is used causing incompatibility with newer codes, security holes, slow website loading, etc.
- Misconfigured file permissions: Strict security on the server that does not allow essential functions of the new website to run or blocks other additional features.
- Multidomain Server: Having more than one website hosted on the server that slows down internal hosting processes.
- Frequent Error 500: Internal processes, unknown codes or some other website hosted, which are blocking the correct execution of the newly developed website.
Commercial terms of service
RAÚL GONZALO MARTIARENA VALDIVIA undertakes to carry out the development of its website within the agreed business days, which will be counted from the date on which:
- An agreement is reached with the client regarding the design and structure of the website.
- The client has paid the advance payment to start of the project (between 25% to 50% of the total agreed payment).
- The content or material to be integrated on your website has been sent to me (The content provided cannot be illegal and / or infringe the rights of third parties).
Payment of the Service
The payment of the service will be made by bank transfer as follows:
- To begin the project: Between 25% to 50% of the total agreed payment must be paid (If the web is developed in the client’s hosting, the minimum advance payment is 50%).
- At the end of the project: The remaining amount of the agreed payment must be paid on the date of completion and publication of the website (The respective fee digital receipt will be issued).
If the client ceases communication for a period greater than 2 months, RAÚL GONZALO MARTIARENA VALDIVIA will consider the service dissolved and will not refund any advance payment, removing any content published on the website if the breach is not corrected, without prejudice to other legal actions.
The released website will have an indefinite guarantee of operation from the project release date, as long as its code remains intact and without any modification.
RAÚL GONZALO MARTIARENA VALDIVIA is not responsible for damages suffered to the client or his business as a result of the modification of the website by the client or by an Internet user.
In accordance with its principles of professional ethics, RAÚL GONZALO MARTIARENA VALDIVIA guarantees that at no time will it use illegal positioning techniques (back doors, content duplication, link farms, cloaking, spam and other similar) that may entail any type of penalty for the client’s brand by those responsible for Internet search services.
RAÚL GONZALO MARTIARENA VALDIVIA guarantees the confidentiality of the personal data provided by the client, the non-application or use of said data for a purpose other than the scope of the activity subscribed to this service and the non-transfer of the data to persons outside the compliance of the agreements derived from the provision of the service.
Termination of service due to force majeure
RAÚL GONZALO MARTIARENA VALDIVIA will not be responsible for any delay or interruption in the provision of the service, directly or indirectly for any cause or circumstance beyond its reasonable control, including, but not limited to: Failures in third-party servers and hosting, theft, accidents, severe weather, earthquakes or natural disasters, wars or government restrictions.
RAÚL GONZALO MARTIARENA VALDIVIA will not make copies or work on the creation of websites that use my website theme (unRovr) as a basis.
Modification of the terms and conditions
RAÚL GONZALO MARTIARENA VALDIVIA reserves the right to modify, update or extend this Terms and Conditions at any time.
Any modification, update or extension produced will be immediately published, it being the responsibility of the client to review the Terms and Conditions in force at the time of requesting the service.
Applicable Law and Jurisdiction
These Terms and Conditions are submitted to jurisdiction and competence of Lima city’s judges to resolve all disputes that may arise regarding this service and its compliance. In no case may the client sue RAÚL GONZALO MARTIARENA VALDIVIA for a value greater than the agreed price for the service.
Failure to comply with any of these terms will be grounds for termination of the service by either party.
Last Update: 29/04/2022