Terms of Service

Engagements | HubSpot Marketplace Purchases

Last Revised: November 16, 2022

Engagements with Stephanie O'Gay Garcia

By engaging with Stephanie O'Gay Garcia ("I", "me", "my") in business, you are agreeing to the following Terms of Service ("Terms").

Any written and signed contract or agreement between us supersedes the terms below.

The goal of these Terms is to establish a reliable, straightforward, and understandable business relationship between us.

1. Services

I provide front-end web design and development services on the HubSpot CMS. This includes, but is not limited to:

• HubSpot CMS Development: themes, web page, landing page, blog and email templates.

• HubSpot Custom Modules Development: reusable modules coded using HTML, CSS, JavaScript and HubL.

• HubSpot CMS Support: technical support relating to any aspect of the HubSpot CMS and related tools (such as HubDB).

Page and Content Creation

My services are typically limited to developing coded templates and modules in the Design Tools but sometimes I may also create pages and emails in the Content Editor.

In this case, you (the client) will be in charge of sending over any content (text, images... etc.) required to create these elements.

Programming Languages

I code in HTML5, CSS3, JavaScript and HubL.

Browser and Email Client Testing

With every project, I will make all reasonable efforts to ensure that templates render correctly at every screen size and on all modern browsers. I support the same browsers as HubSpot.

For web page, landing page and blog templates I test on the latest versions of Google Chrome, Mozilla Firefox, Edge and Opera. I also test on Google Chrome on Android.

For email templates, I use HubSpot's Litmus testing on the most commonly used email clients as well as testing on Gmail on Chrome, Gmail app on Android, Outlook for Desktop and Outlook.com.

If you have any specific requirements for browsers or email clients which must be supported, please let me know.

2. Project Scope

I will send you the project scope in writing via email before starting work on the project. At a very minimum, it will contain details on the work to be completed, pricing/payment terms and the timeline in which I will deliver the project.

Any proposal or quotation provided will expire 7 days after being sent to you. Once expired, I may no longer be able to provide the same pricing, timeline and terms.

Timelines

Upon request, I will let you know my current availability and potential dates for your project. However, until we have reached an agreement and an initial payment has been made, I cannot hold dates on my schedule.

3. Delays

I will make all reasonable efforts to adhere to the agreed-upon timeline. However, there are cases in which delays may occur.

Client Liability

The agreed-upon timeline relies on you providing any materials (files, content, logos... etc.) in a timely manner. Not doing so may result in a delay in the original timeline.

In many cases, the project also requires that you provide feedback on any work completed or answer questions related to the requirements. Any delay in doing so may also delay the original timeline.

Unforeseen Circumstances

Unfortunately, there are cases in which there may be delays outside of my control, such as natural disasters or illness. In these cases, I will use my best efforts to resume the project.

4. Revisions and Approval of the Work

Revisions

At agreed-upon intervals, you will have the option to review the work after which you can provide feedback and request changes. In most cases, I will limit this to a maximum of two revisions.

You will have 14 days to notify me of any change requests, after which I will consider the work to be approved. Note that a delay in providing feedback may result in a delay in finishing the overall project.

If any of the requests are outside of the initial project scope, you may be charged for them at an agreed-upon hourly rate (typically CAD $150/hour). If this is the case, I will notify you beforehand.

Approval of the Work

I will notify you once the work has been completed after which you will have the option to review it and provide feedback or request changes.

You will have 14 days to notify me of any change requests, after which I will consider the work to be approved and any remaining balance will become due.

5. Pricing and Payment Terms

Pricing

In the written project scope I will also include the pricing for the project. Unless we have reached a different agreement, these will typically fall under one of the following three categories:

• Project-based pricing: when the project requirements are clear, I will usually provide an upfront, project-based price.

• Hourly pricing: when the project requirements are subject to change, I will usually quote an hourly rate. This is typically CAD $150/hour.

• Retainer pricing: for some services I offer weekly or monthly retainer pricing. This consists of a fixed amount to be billed on a weekly or monthly basis and typically requires a minimum term of three months.

Unless we have agreed otherwise, all pricing is in Canadian Dollars (CAD). Taxes will also be added to the full amount where applicable.

Minimum Engagement

In most cases, I require a minimum engagement of projects valued at CAD $1500 or more.

Payment Schedule

The written project scope will also outline the payment schedule and methods. Unless stated otherwise, these will look as follows:

• Project-based pricing: typically 50% of the project will be billed upfront and the remaining 50% on completion. For long-term projects, I may set milestones with smaller percentages of the full amount due at the end of each milestone.

• Hourly pricing: projects with hourly pricing will typically be billed on a weekly basis. An invoice will be sent on Monday outlining the hours worked the prior week and the amount due. Hours are rounded to the nearest half an hour.

• Retainer pricing: invoices will be issued on a weekly or monthly basis after the initial invoice date for the agreed-upon amount.

Where payment is made throughout the project, if payment is not made in a timely manner, I reserve the right to put the project on hold until payment is made.

For projects with a future start date, I will usually ask for a non-refundable upfront deposit (typically 25% of the full amount) to hold down those dates.

All payments are due upon receipt and must be received within 30 days of receiving the invoice, after which ownership of the work will be transferred to you. If payment is not made in full by this time, I reserve the right to revert any changes made or remove any work completed.

Payment Methods

All invoices sent offer two payment methods directly on the invoice:

• Secure credit card payment through Wave Payments
• Secure bank transfer through Wave Payments (Canada only)

Bank details and PayPal details will also be provided. If you prefer another payment method, please let me know to set up an alternative arrangement.

Updates to the Pricing

If the scope or other aspects of the work change beyond what was originally agreed upon, services and rates may be renegotiated to take into account changes to the work. If this is the case, I will notify you of any additional costs beforehand.

Cancellations and Refunds

If you decide not to go ahead with the project for any reason, the following cancellation applies:

• If the cancellation is made at least 30 full days prior to the start date, you will receive a full 100% refund of the upfront/deposit payment
• If the cancellation is made between 29 days and 14 days prior to the start date, you will receive a 50% refund on the upfront/deposit payment
• If the cancellation is made less than 13 full days prior to the start date, the upfront/deposit payment is non-refundable.

In the case that the payment is made less than 14 days prior to the start date, you will receive a full 100% refund of the upfront/deposit fee if the project is cancelled within 48 hours of making the payment, minus any hours already worked at an hourly rate of CAD $150/hour.

6. Technical Support

During the first 3 months after completion of the project, I will provide support with any technical issues that may arise, free of charge.

This support is limited to issues relating directly to the work outlined in the project scope and does not include enhancements to the original work.

7. Communication and Availability

Working Hours

My typical working hours are from Monday to Friday between 9am and 5pm EST. The bulk of work and communications will be conducted within this timeframe.

If you have a project that requires that work and communications take place at a different time, please let me know and it may be possible to arrange so at an increased fee.

I will notify you of any absences which may affect the project timeline within a reasonable timeframe. A calendar view of my out-of-office dates can be found here.

Response Times

I aim to get back to all emails sent my way within one business day but this may not always be possible. In cases in which I know ahead of time that my schedule will be busy, I will notify you beforehand.

Please note that this is not a guaranteed timeframe. If you require a specific SLA, please let me know.

8. Other Legal Items

Termination

Either party has the right to terminate our agreement at any point:

• You may terminate our agreement upon seven days prior written notice to me.
• I may terminate our agreement upon thirty days prior written notice to you.

Upon termination:

• I will immediately provide you with any and all work in progress or completed prior to the termination date.
• Your sole obligation to me will be to pay me an equitable amount for the partially completed work in progress and the agreed-to price for the completed services and/or deliverables provided and accepted prior to the date of termination.
• Upon termination or expiration of this Contract or a project performed by me, whichever occurs first, I shall promptly return all materials and/or tools provided by you and all Confidential Information provided by you.

Liability

I am not liable for any losses, damages or penalties sustained as a result directly or indirectly from the use of my products or services.

Loss of Earnings

I will not be held liable for any loss of business incurred. This includes, but is not restricted to, loss of turnover, sales, revenue, profits or indirect consequential or special loss.

Confidentiality

I agree not to misuse or disclose any confidential information that may be made available by the client.

Ownership

Once you have made payment in full, you will become the sole owner of the work provided and may use this however you like or decide not to use it at all.

You grant me permission to use the work as part of my portfolio and websites, in galleries and in other media, so long as it is to showcase my work and not for any other purpose.

Independent Contractor

I operate as an independent contractor:

• I use my own equipment, tools and material to do the work.
• You will not control how the work is performed. Rather, I am responsible for determining when, where and how I will carry out the work.
• We do not have a partnership or employer-employee relationship.
• I cannot enter into contracts, make promises or act on your behalf.
• I am not entitled to your benefits (e.g. group insurance, retirement benefits, retirement plans, vacation days).

No Exclusivity

Any agreement is non-exclusive and I will be free, during and after the duration of the agreement, to engage or contract with third parties for the provision of services.

HubSpot Marketplace Purchases

You must agree to these Terms of Use ("Terms") prior to purchasing any item created by Stephanie O'Gay Garcia on the HubSpot Marketplace ("Item"), such as HubSpot Themes or Custom Modules.

License

Purchasing the Item grants you, the purchaser, an ongoing, non-exclusive, worldwide license to make use of the digital work on a single HubSpot account. You may use the Item to create one or more websites on a single HubSpot account. If you wish to use the Item on more than one HubSpot account, you must purchase one Item for each account.

You can modify or manipulate the Item. You can combine the Item with other works and make a derivative work from it. The resulting works are subject to the terms of this license.

You cannot re-distribute or sell the Item, in a tool or template, or with source files. You cannot do this with the Item either on its own or bundled with other items, and even if you modify the Item. You cannot re-distribute or make available the Item as-is or with superficial modifications. These things are not allowed even if the re-distribution is for Free.

Although you can modify the Item and therefore delete unwanted components before creating your single End Product, you cannot extract and use a single component of the Item (such as a custom module) on a stand-alone basis.

Refunds

If you are unsatisfied with the Item in the first thirty (30) days, you may request a refund through the HubSpot Marketplace by clicking on the "Purchased" tab > "Request a Refund".

I will typically process refund requests within 1 to 2 business days after receiving the refun request. Once the refund is processed, it may take up to 10 days to credit the payment back to your method of payment.

After the first thirty (30) days from the date of purchase of the Item, it is no longer refundable.

Disclaimer

All items created by Stephanie O'Gay Garcia on the HubSpot Marketplace are sold "As Is". 

Should you encounter any technical issues with any item, I will attempt to resolve those in a new update, but this is subject to availability. Any feedback requests will also be taken into consideration, but may or may not be added into new updates. 

Updates

New updates to the Item may be released, in which case you will be notified of the update by HubSpot and given the option to install it. 

The update notes will contain details on what elements are being updated in the new version. On occasion, some updates may affect any content already published using the Item, in which case you will be notified of these changes on the new version's notes.

Please be cautious prior to installing these updates as I will not be held liable for any effect they may have on any content you have published. 

Limitation of Liability

I will not be held liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of any item purchased from Stephanie O'Gay Garcia on the HubSpot Marketplace.

Indemnity

Except where prohibited by law, by using this Website you indemnify and hold harmless Stephanie O’Gay Garcia from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of this Website or your violation of these Terms.

Contact

Should you have any questions, comments or concerns regarding these Terms or any other content on my Website, please contact me at stephanie@stephanieogaygarcia.com