Caitlin Bacher LLC

Terms of Service

Last updated: November 2024

1. Acceptance of Terms

By accessing or using Caitlin Bacher LLC's services, you agree to be bound by these Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.

2. Services Description

Caitlin Bacher LLC provides professional web development services including but not limited to:

Custom web application development
Backend and API development
Frontend development and UI/UX design
Database design and optimization
Cloud infrastructure and DevOps
Security audits and testing
Maintenance and support services
Technical consulting

3. Client Obligations

You agree to:

Provide accurate, complete, and timely information
Respond promptly to requests for feedback and approvals
Provide necessary access to systems, accounts, and materials
Pay all fees according to agreed payment terms
Comply with all applicable laws and regulations
Not use our services for illegal or fraudulent purposes
Maintain confidentiality of access credentials
Respect intellectual property rights

4. Payment Terms

All projects require a signed agreement specifying:

Project scope and deliverables
Timeline and milestones
Payment schedule (typically 30-50% upfront, remainder on completion)
Hourly rates or fixed project fee

Payment terms:

Invoices payable within 14 days of issue
Late payments subject to 2% monthly interest
Non-payment may result in suspension of services
Disputed charges must be reported within 7 days
All fees in USD unless otherwise specified

5. Intellectual Property Rights

Work Product Ownership:

Upon full payment, ownership of deliverables transfers to client
Custom code and design created specifically for project
Excludes third-party libraries, frameworks, and tools

Caitlin Bacher LLC Retains Rights To:

Pre-existing intellectual property and methodologies
Reusable code components and frameworks
General knowledge and expertise
Portfolio rights to display completed work

6. Confidentiality

Both parties agree to:

Keep confidential information private
Use confidential information only for project purposes
Return or destroy confidential materials upon request
Maintain confidentiality for 3 years post-project

Exceptions include information that is:

Already public knowledge
Required to be disclosed by law
Independently developed
Authorized for disclosure in writing

7. Warranties and Disclaimers

Our Warranties:

Services performed professionally and with due care
Compliance with industry best practices
Code free from known malware or intentional defects
Timely delivery according to agreed schedule
90-day bug fix warranty on deliverables

Disclaimers:

No guarantee of specific results or performance
No warranty regarding third-party services or APIs
Client responsible for content and regulatory compliance
Services provided "as is" beyond stated warranties

8. Limitation of Liability

To the maximum extent permitted by law:

Total liability limited to fees paid for specific project
Not liable for indirect, incidental, or consequential damages
Not liable for loss of profits, data, or business opportunities
Not liable for third-party actions or integrations
Force majeure events exclude liability

9. Indemnification

Client agrees to indemnify and hold harmless Caitlin Bacher LLC from claims arising from:

Client's content, data, or materials
Client's use of deliverables
Violation of third-party rights
Breach of these terms
Negligence or willful misconduct

10. Project Changes and Scope

Change Requests:

Must be submitted in writing
Subject to additional fees and timeline adjustments
Require mutual written approval
May impact delivery schedule

Scope Creep Prevention:

Original scope documented in project agreement
Any additions considered out-of-scope
Regular check-ins to ensure alignment

11. Termination

Termination by Client:

30 days written notice required
Payment for work completed to date
Delivery of work in progress
No refund of upfront deposits

Termination by Caitlin Bacher LLC:

Immediate termination for non-payment
Immediate termination for breach of terms
30 days notice for convenience
Refund of unused prepaid fees

12. Data and Backup

Client responsibilities:

Maintain independent backups of all critical data
Provide backup and disaster recovery requirements
Test backup restoration procedures

Our responsibilities:

Implement agreed backup solutions
Maintain development backups during project
Secure handling of client data
Data deletion upon request post-project

13. Support and Maintenance

Post-launch support includes:

90-day bug fix warranty on deliverables
Documentation and training materials
Knowledge transfer sessions

Ongoing maintenance (if contracted):

Security updates and patches
Performance monitoring
Technical support
Minor updates and fixes

14. Third-Party Services

Regarding external services and integrations:

Client responsible for third-party service agreements
Client pays all third-party service fees
We're not liable for third-party service failures
Integration support subject to API availability
Third-party terms apply in addition to ours

15. Compliance and Legal

Responsibilities:

Client responsible for content legality and compliance
Client responsible for required licenses and permits
Client responsible for industry-specific regulations
We provide technical implementation, not legal advice
Client should consult legal counsel for compliance

16. Dispute Resolution

In case of disputes:

Good faith negotiation as first step
Mediation before litigation
California law governs these terms
Jurisdiction in California state or federal courts
Prevailing party entitled to attorney fees

17. Force Majeure

Neither party liable for delays or failures due to:

Natural disasters
War, terrorism, civil unrest
Government actions or restrictions
Pandemics or health emergencies
Utility failures or infrastructure issues
Strikes or labor disputes
Other events beyond reasonable control

18. Amendments

These terms may be updated periodically. Continued use of services after changes constitutes acceptance. Material changes will be communicated via email.

19. Entire Agreement

These Terms of Service, together with any project-specific agreements and statements of work, constitute the entire agreement between parties and supersede all prior agreements or understandings.

20. Contact Information

Questions about these Terms of Service:

Caitlin Bacher LLC
Entity No.: 201614610241
Address: 1472 Olympus Ave., Berkeley, CA 94708
Email: info@caitlinbacher.com
Phone: +1 (510) 555-0142