Terms of Service
These terms apply to the white-label services Jerson Montesinos provides to agencies, including the Speed-to-Lead Kit.
Parties
"Provider" is Jerson Montesinos, an independent contractor based in Lima, Peru. "Client" is the agency named in the proposal or invoice.
Scope
Each project's scope, deliverables, price and timeline are defined in writing (proposal, statement of work or email) before work starts. Anything not listed there is out of scope and will be quoted separately.
Revisions
One (1) round of revisions is included per deliverable, requested in writing within 5 business days of delivery; if no request is received in that period, the deliverable is considered accepted. Additional rounds of changes are billed at USD 40 per hour, with an estimate of hours approved by Client before the work is done. Scope changes are quoted before being performed.
Timeline
Delivery dates run from receipt of the deposit and of all materials and access needed. Delays in Client feedback, approvals or materials extend the timeline by the same amount.
Fees and payment
Fees are in USD. 50% deposit is due before work starts; the remaining 50% is due on delivery, before final files or access are handed over. Preferred payment is ACH bank transfer. If Client pays via PayPal or card, the processing fee is paid by Client as stated on the invoice. Each invoice is due within 7 days of its issue date (Net 7).
Cancellation
Client may cancel at any time by written notice. Once work has started, the deposit is non-refundable. If work beyond the deposit value has been completed at cancellation, Provider may invoice it pro rata.
Ownership
Upon receipt of 100% of payment, Provider assigns to Client all rights in the final deliverables created for the project. Until then, all rights remain with Provider. Provider keeps ownership of pre-existing tools, templates and know-how, and grants Client a non-exclusive license to use them as embedded in the deliverables.
White-label and confidentiality
Provider works under Client's brand and will not identify itself to Client's customers unless Client asks. Provider will not contact, solicit or work directly for Client's end customers introduced through Client, during the project and for 12 months after it. Both parties keep confidential any non-public information received from the other and use it only for the project. Provider will not show the work in a portfolio without Client's written permission.
No guarantee of results
Provider will perform the services professionally and with reasonable skill, but does not guarantee any specific business outcome such as sales, leads, traffic, rankings or conversions.
Client responsibilities
Client confirms it has the rights to all materials, data and accounts it provides, and that its use of the deliverables complies with applicable laws, including any rules on contacting consumers.
Limitation of liability
To the maximum extent permitted by law, Provider's total liability for any claim related to the services is limited to the amount Client actually paid for the project concerned. Neither party is liable for indirect or consequential damages or lost profits.
Independent contractor
Provider is an independent contractor, not an employee or agent of Client, and is responsible for Provider's own taxes in Peru.
Acceptance
Client accepts these Terms by replying "accepted" by email to the proposal or by paying the deposit invoice. The proposal or statement of work together with these Terms is the entire agreement; changes must be in writing, and email counts as writing.
Governing law
These Terms are governed by the laws of the Republic of Peru. Any dispute will be submitted to the courts of Lima, Peru. The parties will first try in good faith to resolve any dispute by email within 15 days.
Provider: Jerson Montesinos · Email: jerson.montesinos.m@gmail.com