1. Who we are
This website and the services offered through it are provided by:
- Owner: Otoniel Correa, doing business as OCSWebs.
- Location: Houston, Texas, United States.
- Contact email: otoniel@ocswebs.com
We serve clients in English and Spanish (se habla español). A Spanish translation of these Terms is available; if there is any difference between versions, the English version governs.
2. Scope and acceptance
These Terms of Service govern the use of this website and the purchase of the web design, development and maintenance services offered by OCSWebs ("we", "us") by any individual or business ("the Client").
By creating an account, subscribing to a plan or ordering a project, the Client confirms that they have read and accepted these Terms, as well as our Privacy Policy and our Cancellation and Refund Policy. If the Client does not agree, they should not purchase our services.
Our services are intended mainly for businesses and professionals. Nothing in these Terms limits any rights the Client has under applicable law that cannot be waived by contract.
3. Services
We offer two types of services:
- Monthly maintenance plans (Essential Care, Growth Care and Premium Care): updates, backups, monitoring, technical support and a number of hours of changes depending on the plan.
- Custom projects: landing pages, business websites and online stores, with any add-ons the Client selects.
The exact scope of each service is described on the plans page, in the quote calculator or in the proposal sent to the Client. Any work outside that scope will be quoted separately.
Hours of changes included in maintenance plans are monthly, do not roll over and are not refunded if unused.
4. Client account
To access the client dashboard, the Client must create an account with accurate information. The Client is responsible for keeping their password confidential and for all activity under their account, and must notify us immediately of any unauthorized use.
We may suspend or close accounts that are used fraudulently, that violate these Terms, or that have been inactive for more than 24 months without any active services.
5. Pricing and payments
Prices on this website are shown in the currency indicated next to each price and do not include taxes (such as any sales tax that applies based on the Client's location), which will be added to the invoice where required by law.
Payments are processed by Stripe, a third-party payment provider. We do not store or have access to the Client's full card details. Use of Stripe is also subject to Stripe's own terms.
Quote calculator prices are estimates. The final price of a project is the one shown in the payment link or invoice we send to the Client before work begins.
6. Maintenance plans
6.1 Automatic renewal
Maintenance plans are monthly subscriptions that renew automatically each month on the same date they started, and are charged to the payment method on file until the Client cancels.
6.2 Cancellation
The Client can cancel their plan at any time from the Stripe customer portal, available from their dashboard, or by emailing us. Cancellation takes effect at the end of the monthly period already paid; until then, the plan stays active and no further charges are made.
6.3 Price changes
If we change the price of a plan, we will notify the Client by email at least 30 days in advance. The new price will apply at the first renewal after that notice period, and the Client may cancel before then if they do not agree.
6.4 Failed payments
If a monthly charge fails and is not resolved within 14 days, we may suspend the plan's services until the payment is completed.
6.5 Web hosting included
All maintenance plans include hosting for the Client's website on our servers or those of a provider we choose, with an SSL certificate. The following conditions apply:
- Domain: the domain always belongs to the Client, who registers it in their own name and pays its renewal to the registrar of their choice. If the Client does not have a domain yet, we may publish their website temporarily at a provisional address.
- Fair use: hosting is designed for small business websites. If a website receives traffic or needs resources far above normal, or requires a specific server (for example, some online stores), we will propose suitable hosting to the Client at an additional cost.
- End of plan: hosting continues while the plan is active and paid. If the Client cancels or stops paying, they will have 30 days from the end of the paid period to request their files or move the website; after that, we may remove it from our servers.
- Transfer: if the Client wants to move their website to another provider, we will hand over their files and explain the steps, as long as there are no outstanding balances owed to us.
- Content: the Client is responsible for the content published on their website. We may suspend hosting immediately if the website is used for illegal or fraudulent activity, or activity that puts our servers at risk.
7. Custom projects
7.1 Payment terms: deposit upfront, balance on delivery
Custom projects are paid in two parts:
- A deposit of 50% of the base price of the project type (Landing Page, Business Website or E-commerce), paid before work begins. We reserve the project's start date only once this payment is received.
- Final payment: the remaining 50% of the base price plus the cost of any add-ons, due when we deliver the finished project for review. It must be paid within 7 calendar days of delivery.
The website will not be published on the final domain, and files, administrator access or source code will not be handed over, until the final payment has been received in full.
7.2 Start and timelines
Work begins once we receive the deposit and the necessary content (text, images, access credentials). Delivery timelines are estimates and are counted from that point. Delays in providing content or in the Client's responses extend the timeline by the same amount.
7.3 Revisions
Each project includes 2 rounds of revisions to the agreed design. Additional changes, or changes that alter the original scope, will be quoted separately.
7.4 Delivery and acceptance
When the project is finished, we will send it to the Client for review. If the Client does not report any errors within 14 days of delivery, the project will be considered accepted. Technical errors caused by our work that are found within 30 days of delivery will be fixed at no cost.
7.5 Late and outstanding payments
If the final payment is not received within 7 days of delivery:
- We may suspend any work, publishing or services related to the project until payment is completed.
- Starting on the 15th day late, the outstanding amount will accrue a late fee of 1.5% per month, or the maximum allowed by law if lower.
- The Client will be responsible for reasonable collection costs, including attorney's fees, that we incur to recover amounts owed, to the extent permitted by law.
7.6 Projects stalled by the Client
If the Client does not provide the necessary content, does not respond to our questions or does not approve deliverables for 30 consecutive days, we will put the project on hold and notify the Client by email.
If the lack of response continues for 60 days, the project will be considered abandoned by the Client. In that case, we will keep the deposit as payment for the work completed and the time reserved, and we may charge for completed work that exceeds that amount. Restarting an abandoned project will require a new proposal, which may include a reactivation fee.
7.7 Payment disputes
If the Client opens a dispute or chargeback with their bank over a legitimate payment without contacting us first, we may suspend the related services until it is resolved and claim the amounts and fees the dispute has cost us.
8. Client responsibilities
The Client agrees to:
- Provide accurate, complete and timely information and content.
- Hold the rights to any text, images, logos and other materials they provide to us, and hold us harmless from third-party claims arising from their use.
- Not use our services to publish content that is illegal, misleading, infringes the rights of others or is contrary to public order.
- Keep any third-party services needed for their website, such as the domain and hosting, active and paid, unless they are included in their plan.
9. Intellectual property
Once the full price of a project has been paid, the Client will own the rights to use the specific design and content created for their website. Until then, all rights to the work belong to us, and the Client may not use it, publish it or have third parties finish it.
We retain ownership of the tools, libraries, reusable components and know-how used in the project, and grant the Client a perpetual, non-exclusive license to use them on their website.
Unless the Client tells us otherwise in writing, we may show the finished project in our portfolio and on social media.
10. Third-party services
Some services depend on outside providers, such as hosting, domains, plugins, payment gateways or email tools. We are not responsible for outages, price changes or changes in the terms of those providers, although we will take reasonable steps to minimize their impact on the Client's website.
11. Limitation of liability
We provide our services with professional care, but we cannot guarantee that a website will run without interruptions or errors at all times. Any uptime or speed figures shown on this website are average guidelines, not contractual commitments, unless agreed in writing.
We will not be liable for indirect damages, lost profits, data loss caused by the Client or third parties, or failures resulting from changes made to the website by the Client or others without our involvement.
To the extent permitted by law, our total liability to the Client is limited to the amount paid for the affected service in the 12 months before the event giving rise to the claim. This limitation does not apply in cases of fraud or gross negligence.
12. Data protection
We handle the Client's personal data in accordance with our Privacy Policy. When providing the service requires us to access personal data of the Client's website users, we will process it only on the Client's instructions and to provide the service, in accordance with applicable data protection laws. The Client is responsible for ensuring their website complies with the privacy laws that apply to them.
13. Changes to these Terms
We may update these Terms to reflect changes in the law or in our services. We will publish the new version on this page with its update date and, if the changes are significant, we will notify Clients with active services by email. Continued use of the services after that notice means acceptance of the new Terms.
14. Governing law and jurisdiction
These Terms are governed by the laws of the State of Texas and applicable federal laws of the United States, without regard to their conflict of laws rules.
Before taking any legal action, the parties will try to resolve any dispute in good faith through direct communication for 30 days. If no agreement is reached, the parties submit to the exclusive jurisdiction of the state and federal courts located in Harris County, Texas.
15. Contact
If you have any questions about these Terms, email us at otoniel@ocswebs.com. Se habla español.