Terms and Conditions of Service

Welcome to victormendoza.site. By accessing, browsing, or contracting any of the professional services in software architecture, automation, consulting, or web development offered through this site, you agree to be bound by these Terms and Conditions. We recommend that you read them carefully before formalizing any order or project.

1. Nature and Scope of Services

Victor Mendoza provides professional technology services based on intellectual development, strategic consulting, and specialized coding. The solutions offered include:

• Custom software and web application development.
• Automation of business processes and workflows using artificial intelligence.
• Design and development of high-performance websites and all-in-one digital ecosystems.
• Integration of application programming interfaces (APIs), databases, and microservices.
• Consulting and specialized technical advisory services in technology architecture.

Each formal order shall be governed by these general terms and conditions, together with the technical specifications, schedules, deliverables, and detailed budgets set forth in the respective technical proposal or quote previously approved by the client.

2. Customer Rights and Guarantees

This contractual framework is designed to provide clients with maximum certainty, transparency, and legal certainty throughout all phases of the service:

2.1. Ownership and Transfer of the Custom Code

Once all fees agreed upon for the corresponding project or milestone have been paid in full, the client acquires ownership and full rights to use the custom source code, database structures, configurations, and assets created exclusively for its solution. The client will have complete freedom to use, run, modify, or migrate its software without any mandatory recurring payments to Victor Mendoza for a proprietary license.

2.2. Technical Performance Warranty (30 Days)

Victor Mendoza awards a 30-calendar-day technical warranty counted from the date of formal delivery or deployment into production. During this period, any programming defect (bug), compilation error, or deviation from the original development attributable to the technical specifications agreed upon in writing will be corrected as a matter of priority and at no additional cost.

2.3. Strict Confidentiality and Professional Secrecy

All commercial, financial, and strategic information, customer databases, business models, or shared credentials used to perform the services will be treated with strict confidentiality and professional secrecy. Victor Mendoza will not disclose, transfer, or use such sensitive information for any purpose other than the work entrusted to him.

2.4. Budget Transparency and Scope Control

Projects are quoted with clear, fixed-price estimates based on the agreed-upon scope. If new features, architectural changes, or substantial modifications not initially anticipated (scope creep) are required, these will be evaluated, quoted, and submitted for the client’s express and prior approval before implementation, ensuring there are no unexpected charges.

2.5. Right to Fair Early Termination

The client has the right to request early termination of the project at any time by written notice. In such a case, the client will pay only the fees corresponding to the phases, development hours, or milestones actually completed up to the date of notification, and will be entitled to receive all code, files, and work products generated up to that point.

2.6. Security and Protection of Personal Data

Personal data provided for contact, billing, or account management purposes will be processed using rigorous technical and organizational security measures, in strict compliance with applicable laws and as detailed in our Privacy Policy.

3. Work Methodology and Acceptance of Deliverables

To ensure the success of development efforts, projects are structured around milestones:

1. Definition and Architecture Phase: Requirements analysis and technical validation of the scope.
2. Development and Internal Testing Phase: Code implementation and stability testing.
3. User Acceptance Testing (UAT) Period: After each delivery or deployment in a test environment, the customer will have a period of 7 business days to verify proper operation and provide substantiated technical comments. If no comments are submitted by the end of that period, the delivery will be considered compliant and accepted as satisfactory.

4. Client Obligations and Cooperation

Effective software development requires mutual and coordinated collaboration. The client agrees to:

• Provide, in a timely manner, the technical information, content (text, logos, images), and access to third-party servers or platforms necessary to carry out the project.
• Appoint a designated contact person responsible for technical decision-making and the approval of milestones.
• Ensure that all materials, trademarks, or codes provided for the project are legally owned by you or are covered by the appropriate licenses, thereby exempting Victor Mendoza from any claims of infringement of third-party rights.
• Use the software provided in accordance with applicable law, good customs, and legitimate purposes.

5. Financial Terms, Billing, and Payments

Fees will be specified in individual quotes based on the agreed-upon pricing model (project milestones, hourly package, or ongoing maintenance):

• Payment Structure: For fixed-price projects, an initial down payment is typically required to begin work, and payments are made upon delivery of agreed-upon milestones.
• Currency and payment methods: Payments will be made by bank transfer, payment gateway, or other electronic means agreed upon by the parties.
• Late payments: Any failure to make or unjustified delay in making a payment due for a milestone shall entitle Victor Mendoza to temporarily suspend development or deployment services until the debt is settled, without this constituting a breach of the schedule.
• No-Refund Policy for Completed Work: Due to the intellectual nature of the work and the number of engineering hours involved, payments corresponding to phases, hours, or milestones of software that has already been developed, validated, or delivered are non-refundable.

6. Intellectual Property of Core Components and the Portfolio

To optimize time and costs, development projects may rely on existing tools under the following conditions:

• Open-source libraries and third-party components: The original licenses (MIT, GPL, Apache, etc.) of the libraries or frameworks used—which are included with the delivered software—will be honored.
• Existing generic frameworks and snippets: The routines, generic utility libraries, and source code previously owned by Victor Mendoza will remain his property, and the client will be granted a perpetual, transferable, and royalty-free license to use them in conjunction with and as an indivisible part of the contracted solution.
• Inclusion in a professional portfolio: Unless a specific Non-Disclosure Agreement (NDA) has been signed or the client has made an express written request prior to the start of the project, Victor Mendoza reserves the right to professionally feature the project in his online portfolio and case studies.

7. Limitation of Liability and Legal Protection

This section defines the limits and circumstances under which Victor Mendoza is exempt from financial and technical liability:

7.1. Disclaimer Regarding Third-Party Services and Platforms

Victor Mendoza implements integrations in accordance with industry quality standards, but does not exercise control over or assume responsibility for incidents attributable to third parties, including:

• Outages, latency, service interruptions, or security breaches originating from hosting providers, cloud infrastructure providers (AWS, Google Cloud, DigitalOcean, Hetzner, etc.), or DNS and domain services contracted by the customer or recommended.
• Policy changes, service interruptions, endpoint deprecations, account lockouts, or suspensions of third-party APIs (such as OpenAI, DeepL, Google, Stripe, PayPal, WhatsApp Cloud API, or social media platforms).
• Massive cyberattacks (DDoS), zero-day vulnerabilities in third-party software, or force majeure in telecommunications.

7.2. Unauthorized Tampering with the Code

Any modification, direct editing of the database, alteration of the source code, change to the server infrastructure, or installation of incompatible plugins or scripts performed by the client or third parties without supervision or prior authorization from Victor Mendoza, will automatically void the technical warranty and will hold Victor Mendoza harmless from any liability for malfunctions, data loss, or resulting vulnerabilities.

7.3. Exclusion of Indirect Damages and Loss of Profits

Under no circumstances shall Victor Mendoza be liable to the client or any third party for indirect, exemplary, or punitive damages, lost profits, commercial losses, business interruption, loss of reputation, data loss, or the cost of procuring substitute services, regardless of the cause or legal theory of liability invoked.

7.4. Maximum Quantitative Limit of Liability

In the event that a competent judicial or arbitral authority determines that Victor Mendoza is directly liable under the contract, the total cumulative compensation shall be strictly limited to the total amount actually paid by the customer to Victor Mendoza for the specific service or milestone in dispute during the six (6) months immediately preceding the triggering event.

8. Force Majeure

Neither party shall be liable for delays or failures to meet deadlines caused by force majeure or unforeseeable events beyond its reasonable control (including natural disasters, widespread failures in telecommunications networks, armed conflicts, or restrictive government regulations); the schedule will resume once normal conditions are restored.

9. Changes to the Terms

Victor Mendoza reserves the right to update these Terms and Conditions to adapt them to changes in its services and applicable regulations. Projects currently in progress will be governed by the terms in effect and approved as of the date of signature or acceptance of the respective technical proposal.

10. Governing Law and Dispute Resolution

The parties agree to first exhaust all avenues of direct dialogue and act in good faith to resolve any disagreement, question, or claim regarding the interpretation or performance of the services.

In cases that cannot be resolved by mutual agreement, the parties expressly agree to be governed by the laws of the Republic of Peru and to the jurisdiction of the competent judges and courts of the judicial district of Lima, Peru, waiving any other jurisdiction to which they might be entitled.