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Terms of Service

Clear guidelines for working together professionally

Effective Date: August 15, 2025

Table of Contents

  1. Acceptance of Terms
  2. Description of Services
  3. User Responsibilities
  4. Intellectual Property Rights
  5. Project Terms
  6. Payment Terms
  7. Limitation of Liability
  8. Disclaimers
  9. Termination
  10. Governing Law
  11. Contact Information
  12. Modifications

1 Acceptance of Terms

By accessing this website, using our services, or entering into any agreement with Daniel Hofheinz ("we," "us," or "our"), you ("Client" or "you") agree to be bound by these Terms of Service. These terms constitute a legally binding agreement between you and Daniel Hofheinz.

If you do not agree to these terms, please do not use our services or website. Your continued use of our services after any modifications to these terms constitutes acceptance of those changes.

2 Description of Services

Daniel Hofheinz provides professional web development and technology consulting services, including but not limited to:

All services are provided on a project basis or through hourly consulting arrangements as agreed upon in writing between the parties.

3 User Responsibilities

As a client, you agree to:

  1. Provide Accurate Information: Supply complete, accurate, and timely information necessary for project completion
  2. Timely Communication: Respond to requests for feedback, approvals, and clarifications within agreed timeframes
  3. Content Responsibility: Ensure all content, images, and materials provided are legally owned or properly licensed
  4. Payment Obligations: Make payments according to agreed terms and schedules
  5. Testing and Feedback: Participate in testing phases and provide constructive feedback
  6. Compliance: Ensure your use of delivered services complies with applicable laws and regulations
  7. Backup Responsibility: Maintain appropriate backups of your data and systems

Failure to meet these responsibilities may result in project delays, additional costs, or termination of services.

4 Intellectual Property Rights

Client-Owned Content

You retain all rights to content, trademarks, logos, and materials you provide. You grant us a non-exclusive license to use these materials solely for the purpose of completing your project.

Custom Development

Upon full payment, you receive full ownership rights to custom code, designs, and solutions developed specifically for your project. This includes:

Retained Rights

We retain rights to:

Third-Party Components

Projects may incorporate third-party software, libraries, or services. You are responsible for compliance with their respective licenses and terms.

5 Project Terms

Scope and Timeline

Each project will have a defined scope, timeline, and deliverables outlined in a separate agreement or proposal. Changes to scope may result in additional costs and timeline adjustments.

Approval Process

Client approval is required at key milestones. Delays in approval may impact project timelines and costs. Approval is considered given if no response is received within 5 business days of deliverable submission.

Revisions

A reasonable number of revisions are included in each project phase. Additional revisions beyond the agreed scope will be charged at the current hourly rate.

Testing and Launch

Client is responsible for thorough testing of deliverables. We will address bugs and issues identified during the agreed testing period. Post-launch support may be available under separate agreement.

6 Payment Terms

Project Billing

Projects are typically billed according to agreed milestones or upon completion. Payment terms will be specified in each project agreement.

Consulting Services

Hourly consulting is billed at $150/hour. Time is tracked in 15-minute increments with a minimum 1-hour billing per session.

Payment Schedule

Refunds

Payments for completed work are non-refundable. Partial refunds may be considered for undelivered portions of cancelled projects, minus costs incurred.

7 Limitation of Liability

Our liability is limited to the total amount paid for services under the specific project or agreement. We shall not be liable for:

This limitation applies regardless of the legal theory of liability, whether in contract, tort, or otherwise.

8 Disclaimers

No Warranties

Services are provided "as is" without warranties of any kind, express or implied. We disclaim all warranties including but not limited to merchantability, fitness for a particular purpose, and non-infringement.

Portfolio Examples

Portfolio examples and case studies are provided for informational purposes. Results achieved for other clients do not guarantee similar outcomes for your project.

Third-Party Services

We are not responsible for the performance, availability, or policies of third-party services integrated into your project.

Technology Changes

Technology environments change rapidly. Solutions are designed based on current best practices and available technologies at the time of development.

9 Termination

Termination by Client

You may terminate services at any time with written notice. You remain responsible for payment of all work completed and any non-cancellable expenses incurred on your behalf.

Termination by Us

We may terminate services immediately if you:

Post-Termination

Upon termination, we will deliver completed work upon receipt of payment for all outstanding invoices. Confidential information obligations survive termination.

10 Governing Law

These terms are governed by the laws of the State of California, United States. Any disputes will be resolved in the state and federal courts located in San Francisco County, California.

If any provision of these terms is found unenforceable, the remaining provisions will continue in full force and effect.

Questions About These Terms?

If you have any questions about these Terms of Service, please contact us:

Email: daniel@danielhofheinz.com
Website: danielhofheinz.com
Response Time: We typically respond within 24 hours

12 Modifications to Terms

We reserve the right to modify these Terms of Service at any time. Significant changes will be communicated via email or prominent website notice.

Continued use of our services after modifications constitutes acceptance of the updated terms. The effective date at the top of this document indicates when these terms were last updated.

For existing projects, changes will apply to new work commenced after the modification date unless otherwise agreed in writing.