Terms of service

Introduction

These terms of service govern every engagement between ThatDeveloperGuy, operated by Joseph W. Anady, and the client who requests, reviews, approves, or pays for any service. By requesting a free demo, approving a site for production, or paying an invoice, the client agrees to these terms.

Scope of work

Each engagement is defined by a written scope document, invoice line item, or agreed service tier. Work outside the scope requires written approval and may incur additional fees at the standard hourly rate. Verbal scope changes are not binding until confirmed in writing by email.

Payment terms

One time builds: free working demo is delivered before any payment is requested. Payment in full is due on approval of the demo, before production deploy. Accepted methods include Zelle, Venmo, CashApp, or ACH. Checks are not accepted.

Monthly engagements: billed on the first of each month for that month's services. Net zero, payment due on receipt. Service may be paused after fifteen days of non payment and terminated after thirty days.

Refunds: because every client sees and approves the working demo before paying, refunds after production deploy are not issued. If a production site is found materially defective within seven days of launch, the defect will be remediated at no additional cost.

Intellectual property

On full payment, the client owns the final HTML, CSS, JavaScript, images, and content of their delivered site. ThatDeveloperGuy retains the right to: display the client site in portfolio pages, include the site in aggregate portfolio claims (such as "130 plus client sites deployed"), and use anonymized technical implementation patterns in training materials and reference documentation.

Third party libraries (Three.js, GSAP, Anime.js, Google Fonts, Bootstrap, etc.) are licensed per their respective open source or commercial terms. Font licenses are the client's responsibility if the font is not open source and the client continues to use it after engagement end.

Hosting and ongoing services

Sites hosted on the ThatDeveloperGuy hosting infrastructure (Bubbles on Nginx at 169.155.162.118) remain active as long as the client is in good payment standing. Uptime target is 99.9 percent. Planned maintenance is announced in advance. Unplanned outages are remediated on a best effort basis without SLA guarantee unless the client holds a managed hosting tier that explicitly includes an SLA clause.

On termination of a hosting engagement, the client may request a tarball export of their site files at no cost. Thirty days after termination, hosted content may be removed without further notice unless the client has requested a retention extension in writing.

Acceptable use

Content published on any site we build must not include: unlawful material, hate speech, sexually explicit material, malware or phishing, copyright infringement, or content that impersonates another person or organization without authorization. ThatDeveloperGuy reserves the right to remove any hosted content that violates this clause, after written notice to the client.

Disclaimer of warranties

Every site we build is provided on an as is basis. No warranty is made regarding search engine rankings, traffic volume, conversion rates, or any specific business outcome. ThatDeveloperGuy's engine optimization frameworks (SEO, AEO, AIO, GEO) are designed to maximize the probability of favorable outcomes, but no specific ranking, traffic number, or citation is guaranteed.

Limitation of liability

ThatDeveloperGuy's total liability for any claim arising from an engagement is limited to the amount the client paid for that engagement in the twelve months preceding the claim. No indirect, consequential, or punitive damages are recoverable.

Governing law

These terms are governed by the laws of the State of Missouri, United States. Any dispute will be resolved in the state or federal courts located in Barry County, Missouri. The client consents to the jurisdiction of those courts.

Changes to these terms

These terms may be updated from time to time. The current version is always available at https://thatdeveloperguy.com/terms. Material changes are announced to active clients by email at least fourteen days before taking effect. Continued use of the service after a change takes effect constitutes acceptance of the updated terms.

Contact

Questions about these terms should be sent to admin@thatdeveloperguy.com or by phone to (505) 512-3662. Physical mail: ThatDeveloperGuy, 463 State Highway 76, Cassville, MO 65625, United States.