Terms of Service

These Terms of Service (“Terms”) govern your access to AutomateOurWork.com (the “Website”) and your purchase of services offered by Jesse Hernandez, a sole proprietor based in the Dominican Republic (“Consultant”). “You” or “Client” means the person or entity that uses the Website or engages the services. The Website is operated by Consultant to provide information about and access to the Services.

By accessing or using the Website or Services, you agree to these Terms. If you accept on behalf of a business, you represent that you have authority to bind that business.

1) Services

Consultant provides independent consulting and software development to design and build a single internal app tailored to your business that you own and host.

Specific services typically include

• Custom internal web application design and development aligned to your workflows and processes.
• Workflow automation as background jobs replacing tools like Zapier, Make, or n8n.
• Systems integration via APIs: VOIP/telephony, email/SMS, calendars/booking, CRM, accounting, payments, file storage, mapping, and custom/partner APIs.
• Data migration/import from exports (CSV/Excel), database dumps, or vendor APIs.
• Role-based access control, permissions, user management, and audit/event logging.
• Deployment and hosting setup on Client's server or VPS, including SSL, backups, and basic monitoring at launch.
• Admin tools, documentation, and handoff training for your team.
• Post-launch support and enhancements (if elected) under a separate SOW.

The specific scope, deliverables, schedule, and fees will be defined in a written proposal, invoice, or SOW. If there is a conflict, the SOW controls for the applicable project.

2) Scope, Acceptance, and Changes

Work is performed against the fixed scope defined in the Blueprint and/or SOW. Changes to scope, priorities, or assumptions require mutual written consent via a change order (email is sufficient). A change order must identify the change, adjusted fees, and schedule impact, and be confirmed in writing by both parties. No additional work proceeds until both parties confirm.

Acceptance and revisions: After each milestone delivery, Client will review and either (a) approve in writing, or (b) provide a consolidated list of issues that demonstrate nonconformity with the agreed scope. Consultant will address those issues and re-deliver. If Client does not approve or provide a consolidated list of issues within five (5) business days of delivery, the milestone will be deemed accepted as of the sixth (6th) business day.

Consultant will provide unlimited within-scope revision cycles at no additional charge. Revisions must be within the agreed scope; requests outside the agreed scope will require a change order. Consultant reserves the right, at Consultant's discretion, to cancel the SOW after the second revision cycle for a milestone or for the project if progress stalls. If canceled, Section 13 (Term and Termination) applies. A “revision cycle” means one consolidated round of feedback on a delivered milestone.

If a dependency becomes unavailable or materially changes (for example, an API deprecation), the parties will agree on an alternative approach or execute a change order before proceeding.

3) Client Responsibilities

• Provide a primary decision-maker with authority to approve scope, designs, and releases.
• Provide timely access to systems, APIs, credentials, data, and test accounts needed to complete the work.
• Ensure you have all necessary rights to any data, software, or materials you provide.
• Review deliveries and provide consolidated feedback within five (5) business days unless otherwise stated in the SOW. The schedule extends day-for-day for late feedback or access. Material delays may require replanning or a change order. Consultant is not responsible for delays caused by Client's failure to provide timely feedback or access. Requests for revisions may push back the project timeline.
• Maintain backups of your data and systems and provide safe access methods (e.g., least-privilege accounts).

4) Fees and Payment

Fees and payment schedules are set in the applicable proposal, invoice, or SOW. The Blueprint is a fixed fee and is credited 100% toward the Build if you proceed.

• Blueprint: payment is due upfront before work begins.
• Build (milestone-based): milestones will be outlined in the SOW. For each milestone, payment is due upon Client approval or deemed acceptance, whichever occurs first. Consultant will issue the milestone invoice at that time, and invoices are due upon receipt.
• Any delays by Client during the approval process or requests for revisions may push back the project timeline.
• Late payments may result in interest at 1.5% per month (or the maximum permitted by law, if lower) and/or suspension of Services until all amounts are paid.
• Except as expressly stated in the SOW or required by law, fees are non-refundable once work begins.
• Payments are non-contingent and may not be withheld, set off, or delayed for dissatisfaction or disputes unrelated to an undisputed nonconformity with the agreed scope. Any issues with Deliverables will be addressed through the warranty and change-order process.
• Client is responsible for third-party costs (e.g., VPS fees, domains, email/SMS/VOIP usage, paid APIs) and for any taxes, duties, and bank/transfer fees.

5) Intellectual Property and Ownership

Pre-existing IP

Consultant retains all rights in Consultant's pre-existing intellectual property, frameworks, templates, and know-how used to deliver the Services.

Client materials

Client retains all rights in Client's pre-existing materials and data provided to Consultant.

Deliverables; ownership transfer

Upon Consultant's receipt of full and final payment of all amounts due under the SOW, Client owns the Deliverables worldwide, including the specific custom code, configuration, and documentation created for Client under the SOW (the “Deliverables”). Consultant will hand off the repository and infrastructure credentials at launch.

Open-source and third-party components; embedded IP

Deliverables may include or depend on open-source or third-party software governed by their respective licenses/terms. Consultant grants Client a non-exclusive, perpetual, royalty-free license to use Consultant's pre-existing IP solely as embedded in and necessary to use the Deliverables internally. Client may not use Consultant's pre-existing IP separately from the Deliverables.

Portfolio reference

Consultant will not use Client's name or logo publicly without prior consent. Anonymous, non-identifying descriptions of the work may be used unless Client objects in writing.

6) Hosting and Infrastructure

• Apps run on Client-controlled infrastructure (on-premises server or VPS). Consultant assists with setup during the Build.
• Client owns and controls the infrastructure and is responsible for uptime, performance, security hardening, and ongoing provider fees.
• Consultant does not operate a managed hosting service and does not guarantee the availability, performance, or security of third-party infrastructure providers.

7) Confidentiality

Each party will keep confidential the other party's non-public information disclosed in connection with the Services and will use it only to perform obligations under these Terms or the SOW. Each party will take reasonable measures to protect the other party's confidential information. This does not apply to information that is public, independently developed without use of confidential information, or rightfully received from a third party without a duty of confidentiality. Upon request, each party will return or destroy the other party's confidential information, except for archival copies retained for legal compliance. A breach of confidentiality may cause irreparable harm for which monetary damages are inadequate; the non-breaching party may seek injunctive relief in addition to other remedies.

8) Security and Compliance

Consultant will use commercially reasonable security practices appropriate for small-business internal applications (for example, role-based access, least-privilege permissions, encryption in transit, and secure key handling where applicable). Consultant does not provide a certification or audit opinion. If required, the parties may execute a BAA or DPA for projects hosted on Client infrastructure. Client is the data controller/owner and remains responsible for regulatory compliance obligations applicable to Client's business.

9) Warranties and Disclaimers

“Launch” means the calendar day Consultant delivers the final milestone under the applicable SOW, unless otherwise defined in the SOW. The 30-day bug-fix warranty period begins at Launch.

• Consultant warrants Services will be performed in a professional and workmanlike manner.
• 30-day bug-fix warranty: for 30 days after Launch, Consultant will remediate reproducible defects that cause the Deliverables to deviate from the agreed scope at no additional charge. Exclusions include new features or changes in scope; issues caused by Client modifications or third parties; third-party outages or policy changes; misuse; or issues arising from infrastructure or environment changes outside Consultant's control. If Client modifies code during the warranty period, the warranty is void for the modified portions.
• EXCEPT AS EXPRESSLY STATED, THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT OTHER WARRANTIES (INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT).

10) Third-Party Services and APIs

Deliverables may rely on third-party services (for example, VOIP, email, payment processors, data providers). Consultant is not responsible for their availability, performance, pricing/policy changes, or outages. Client is responsible for maintaining those accounts and paying related fees.

11) Support and Maintenance (Optional)

After the bug-fix warranty period, support, maintenance, and enhancements are available via a separate agreement or SOW (time-and-materials or fixed price). If Client elects not to engage Consultant for ongoing support, Consultant will provide the repository and deployment documentation at handoff.

12) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CONSULTANT'S TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES SHALL NOT EXCEED THE FEES ACTUALLY PAID BY CLIENT TO CONSULTANT UNDER THE APPLICABLE SOW GIVING RISE TO THE CLAIM. CONSULTANT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY.

13) Term and Termination

• These Terms apply upon first use of the Website or engagement of the Services and continue until terminated as set out here or in an SOW.
• Either party may terminate a specific SOW as provided in that SOW. If Client terminates early, Client will pay for work performed and committed costs through the effective termination date. Consultant will deliver work-in-progress for paid milestones.
• Either party may terminate for material breach not cured within ten (10) business days after written notice. Non-payment is a material breach.
• Consultant may suspend Services for undisputed amounts overdue by seven (7) days or more, after notice to Client.

14) Independent Contractor

Consultant is an independent contractor. These Terms do not create a partnership, joint venture, or employment relationship. Client will not direct Consultant's day-to-day work as an employee would be directed.

15) Governing Law and Dispute Resolution

These Terms and any dispute arising out of or relating to them are governed by the laws of the Dominican Republic, without regard to conflict of law rules. The parties will first attempt in good faith to resolve disputes informally before pursuing other remedies.

16) Changes to Terms

Consultant may modify these Terms at any time by posting an updated version on this page. Material changes will be communicated via the Website, and the “Last updated” date will reflect changes. Your continued use of the Website or Services after changes are posted constitutes acceptance of the updated Terms. For an active SOW, changes to these Terms do not modify that SOW unless the parties agree in writing.

17) Priority, Assignment, and Entire Agreement

These Terms, together with any SOW, invoice, or proposal referencing them, constitute the entire agreement regarding the Services. If there is a conflict, the SOW controls for that project, then these Terms. If any provision is unenforceable, the remaining provisions remain in effect.

Client may not assign these Terms or an SOW without Consultant's prior written consent; any attempt to assign in violation of the foregoing is void. Consultant may assign these Terms to a successor in interest in connection with a merger, reorganization, or sale of substantially all assets.

The following Sections survive termination: 5 (Intellectual Property and Ownership), 6 (Hosting and Infrastructure), 7 (Confidentiality), 8 (Security and Compliance), 9 (Warranties and Disclaimers), 10 (Third-Party Services and APIs), 12 (Limitation of Liability), 15 (Governing Law and Dispute Resolution), 16 (Changes to Terms), and 17 (Priority, Assignment, and Entire Agreement).

18) Contact

Questions about these Terms? Contact:

Jesse Hernandez
[email protected]
www.automateourwork.com