​ 1. General terms and conditions of services

They apply to all services, tangible and intangible, developed or intermediated by us.

1.0.1 ingenero | Creativo is the commercial pseudonym of the work carried out independently by William Fernando Galeano Hurtado (WFGH) and can only be represented solely and exclusively by this person. Hereinafter, io, ingenero, Creativo.io and WFHG are understood as a single entity.

1.1 Creativo.io will respect at all times the intellectual property, industrial, trademarks, patents and any other form of property owned by the client, expressly including that which is developed or obtained as part of the work order.

1.2 Creativo.io will maintain at all times the confidentiality of the material and documentation delivered by the client for the provision of services. Creativo.io does not sell private or public information of its clients, in any way.

1.3 All development is estimated, invoiced, and recorded on our InvoiceNinja platform located at core.ingenero.com.co. No task is developed without their time being recorded, and no project is developed for anyone who is not listed as a client in the registration system, and no service is billed without being supported by a time sheet. Without exception.

1.4 Creativo.io invoices his services based on a flat rate for working hours and the estimates correspond to a development time that is open to cover different tasks from different disciplines; Being an open estimate, tasks or processes can be added and removed dynamically in the form of time and therefore any estimate is variable and the final value of any development is directly determined by real time worked and supported.

1.4.1 Being global, our services use a base cost with a flat rate that is specified in Dollars and is published in our creativo.io store, while the services can be fully acquired by this means. The basic base rate may be different from the final rate agreed for a development, since fixed, variable and optional discounts that we make available may apply; Just as hikes in the rate can apply on for urgent jobs or with advanced confidentiality requirements (Ghosting, Whitelabeling, etc).

1.5 All contracted development has a priority nature and the client undertakes to facilitate the development and completion of the work within the specified deadlines, this priority being subject to review otherwise, as specified in point 3, States of Service and Point 4 , Administrative States.

1.6 Only until the payment of the totality of the work, the client can have the rights of use on his work represented in the final graphic pieces, published websites, or other free compound developments to be communicated publicly.

1.7 Virtual goods such as created files, unapproved proposals, and configurations of third-party services such as hosting and cloud services, among other elements that are part of the structuring, security, and operation of our services, are the non-transferable property of Creativo.io. Except in the processes of transferring websites in conventional hosting where databases and source code are delivered, the files and digital goods to be delivered for conventional works are specified at the beginning of the development and generally includes a source file for brand designs; Graphics and text for content jobs, and on-demand access to developed web platforms. Transfers of ownership of cloud platforms follow the policies and conditions of the platform in use, eg. Shopify.

1.8 The non-payment of time worked entitles Creativo.io to disregard any other request for subsequent services and any development in process will become an asset of Creativo.io. New jobs are not developed for a client if they have outstanding balances of jobs already completed that are more than 30 calendar days past due. The resumption of work implies first not owing any payments to us for any reason, and in any case, Creativo.io can disregard any subsequent requirements, except for those processes of transfer of properties and domains, completion, and delivery of completed works, as long as the client agrees. And make themselves available to approve and finalize processes.

1.9 Creativo.io only offers services billed by the hour and its own exclusive hosting service for clients. We can estimate and include in the invoicing goods and supplies from third parties, but in this case we only act as intermediaries, therefore, for any start of development, 50% of the estimated work time must have been paid in addition to 100% of the supplies. Likewise, for all completion, publication or delivery of developments, the remaining variable balance due to the real time worked for its completion must have been previously paid.

1.9.1 In the event that the development exceeds the estimated time, either due to underestimation, external causes or significant changes and additions to the original plans, the missing time will be added to the open estimate after consultation and approval by the client and will be the new final payment. referenced in point 1.6.

1.9.2 In the event that the development take less than the estimated time, either due to overestimation, external causes, or significant changes or reductions in the original plans, the remaining time can be used for free additional developments, credited as time for future work, or be subtracted from the estimated final payment referred to in point 1.6.

1.9.3 In the event that the values and estimated costs for inputs or third-party services are different from those finally invested or subscribed, the difference in values will be added or subtracted from the project time account. For example, a template estimated at $100 is purchased for $50 per promotion, the remaining $50 is credited to the work time pool available for the project, at the agreed rate, as referenced in 1.4.1.

1.10 Under no circumstances is delivery or preliminary publication of developments made until they are approved, finalized and fuly paid. Under no circumstances is money given as refund, if the development has already started and/or proposals have been prepared and/or communicated by any means, public or private. After consultation with Creativo.io, the client can pause or archive a development in progress and use the remaining time paid, but not worked, in the development of a different project or projects. This allows the client to continue with the authority over the initial work paused and recover the investment in the form of additional services.

1.11 All communication between the client and Creativo.io will be registered, recorded and archived in order to monitor and control the times as required by the Service and Administrative States. Our sites and files follow GDPR and other similar privacy policies.

1.12 In all developments, their declared general and specific terms or conditions have the same degree of validity as those present, likewise they exempt Creativo.io from any liability not expressly described in this document.

​ 2. Specific Web and Apps conditions

2.1 The web and app development service is covered until completion and publication as long as it has been approved by the client in its entirety, satisfying the original specification and estimate. All additional work after the publication of the site is counted as administrative and/or additional work.

2.2 The administration service does not oblige Creativo.io to answer for failures in the infrastructure of the servers where the page is hosted or in cases of damage to the datacenter, switches or global connectivity that could interfere with the proper functioning of the page. These eventualities (eg weather disasters, security, force majeure) are beyond the control of Creativo.io and in many cases even the supplier himself.

2.3 The customer agrees to make good use of the service and file hosting on a web server. The client and only the client is responsible for the inclusion of prohibited material or misconduct through access or with the participation of the public tools of the website and the agreed hosting space. At all times Creativo.io can receive and will abide by any duly validated court order requesting access to the resources, files and properties of any client and the records associated with the accesses themselves, limited only to our level of control and loging in the hosting platform.

2.3.1 Canary: This canary clause indicates, as it is published, that we (asimétrica, ingenero.com.co, Creativo.io, WFGH) have never received any order or legal requirement, local or foreign, in relation to any of our clients, or our own developments, since April 2007, the start date of our works.

2.4 Creativo.io can change at any time the specifications, coverage or rates of hosting and domain services as these are beyond our direct control. However, no change will be made without the prior approval of the client and the changes in rates will only affect the new work carried out after the change.

2.5 At any time and without prior notification, Creativo.io can review its content in the hosting in order to verify its proper functioning and that the hosting space does not include inappropriate or offensive material that is enshrined under national or international laws. Passwords for encrypted files must be provided. Any anomaly will be reported to the corresponding local authority, without obligation to notify the client, regardless of the severity of the suspicion or violation to be reported.

2.6 Creativo.io may terminate the contract for the provision of any or all of the web hosting and administration services as long as one or more specific conditions expressed in this document are not met. This includes technical, security and good practice criteria that the client requests to ignore directly or indirectly. This in order to protect the performance and security of the other clients hosted in the service; For the same reason that the use of the service for native web3, node, bots, cdn, or exclusive REST/API developments is not allowed, it is not an ideal environment for such developments.

2.7 The administration service does not directly cover the solution to misconfigurations, damages or security breaches in the hosting or CMS platforms that can be rationally attributed to actions or inattention by the contracting party, its employees or third parties with access to the platform. Said eventualities will be investigated to establish responsibilities and thus be able to specify if it is our responsibility to assign a cost to the repair of said eventuality.

2.8 Creativo.io cannot be directly responsible for the failure of scripts, templates or add-ons commercially acquired from third parties, but will provide support and mediation with the original author, at our expense, without detriment to the contracted time.

2.9 The renewal costs of the private hosting offered by us are billed annually at a monthly rate. Additionally, global update works are required for the platforms hosted in the service (unless the client has subscribed to monthly administration) and other additional work as a result of logistical changes, reorganizations, or alteration of the structure of the necessary domains referenced in numeral 2.6.

2.10 The monthly subscription model for administrative work specifically covers a monthly quota of time agreed with the client only for work related to the administration, updating, monitoring and optimization of their web property. Additional work, related to other projects or the costs of supplies, subscriptions to 3rd parties, and renewals are not covered by the subscription directly. The client can request to accumulate and redirect the object of the subscribed time for another development or expense, prior request and formal specification.

2.11 Any additional development or change in the development plan is implicit in the open estimate model, it does not require any management. The original estimate is not changed but the client will receive a formal notification for approval. The time record and billing will always reflect the total value in time worked.

2.12 Every site developed or managed by Creativo.io must have a follow link to our website specifying the coverage.

2.13 Creativo.io can provide from his catalog of scripts and components, one or more that are added to the development at no additional cost to the client, these are always non-transferable property of Creativo.io or part of a collaboration agreement between Creativo.io and the original developer. Ownership of components purchased or licensed from third parties, or third party marketplaces, always remains the property of the customer.

2.13.1 As long as the provider allows the migration or transfer of the license, it will be delivered together with the files or code acquired in case of transfer of sites to an external provider. While licensing processes may be tied to user accounts, domains, hardware fingerprints, and IP addresses that change at the time of a transfer from one site to another hosting, Creativo.io cannot be held responsible for failure of the original license transferred and always recommends repurchasing licenses when they cannot be transferred. We cannot reuse these licenses in other developments for the same technical reasons specified above.

2.14 The delivery of files and related assets to web development includes databases and original source code published at the time of transfer and contains everything to rebuild the site on a new hosting with fresh passwords, users and databases. It does not include service passwords, cPanel templates and other internal hosting code. The transfer work is final, it has no cost but the client must be up to date with payments. Once started, there is no reversal and the client is responsible for facilitating the process in terms of organizing and facilitating contact with their new suppliers. In case of non-attendance for the transfer process, the process is understood as abandoned and exempts us from any additional liability.

​ 3. States of the Service

3.0.1 Understand as intervention the observations or corrections by the client during development, the client’s response to specific requirements and development decisions, attention and recognition of balances and payments, and confirmations of receipt of information.

3.1 Active: The work is carried out normally.

3.2 Pause: After 15 calendar days without receiving intervention from the client, the development is paused but the original priority is reserved.

3.3 Suspension: After 30 calendar days without intervention by the client, the work is suspended and priority is given to the development of a third party, if any.

3.4 Abandonment: After 60 calendar days of not having intervention on the part of the client, the abandonment of the development by the client is assumed and all the work carried out is archived. The work can be reactivated later only if the original estimated remaining full balance is canceled prior to the continuation of work on our part.

3.5 Deletion: After 90 calendar days without intervention or completion of any work, it is deleted from our archive or servers. Resuming a deleted job implies restarting its development with the same values originally agreed upon. In no way are money refunds made on abandoned or deleted jobs.

​ 4. Administrative States

4.0.1 Understood as actions are execution, responses or instructions by the client in reference to decisions and activities that affect the administration, balance payments, and development logistics.

4.1 Active: The work is carried out normally and the balance required by the agreed form of development is paid.

4.2 Pause: After 7 calendar days without receiving actions from the client in the event of non-payment or decision, all jobs are paused, preserving the original priority.

4.3 Suspension: After 15 calendar days without receiving actions from the client in the event of non-payment or decision, the work is suspended and priority is given to the development of a third party, if any.

4.4 Abandonment: After 30 calendar days without receiving actions from the client in the event of non-payment or decision, the abandonment of the development by the client is assumed and all the work carried out is archived. The work can be reactivated later only if the original estimated remaining full balance is canceled prior to the continuation of work on our part.

4.5 Elimination: After 60 calendar days without receiving actions from the client in the event of non-payment or decision, it is deleted from our file or servers. Resuming a deleted job implies restarting its development, at full rate. In no way are money refunds made on abandoned or deleted jobs.

4.5.1 Creativo.io does not charge interest for payment delay times as long as the development has not been completely eliminated, in such a way that the value of the debt is fixed if it is decided to be paid and continue with the services. Once a service is eliminated, your debt is not eliminated, the maximum rate of retroactive interest possible in the client’s jurisdiction is applied and it is at our discretion how to proceed with the collection of the same without limit of form, intermediation or delegation for the same.

4.6 Hosting Grace Periods:

4.6.1 A 30-day grace period is granted at the end of the annual hosting cycle (covered by us) to specify, approve, and pay for renewals, reorganizations, upgrades, and other work associated with the renewal process. After this, the hosting service is suspended, as well as all the services or tools that directly or indirectly depend on it, the configuration and files originally hosted during this time are preserved. The client assumes responsibility for the damages that may be caused to himself and his business by allowing the suspension of the service.

4.6.2 After a 45-day grace period, master accounts, files and databases are removed from the server while complete abandonment of the server is assumed, without indicating a transfer process, since the account is abandoned and in arrears at the same time, you cannot receive additional works from us.

4.7 Domain management:

4.7.1 Domain Policy: Creativo.io does not sell or resell domains directly or require customers to purchase domains through us. The possibility of managing the domain of clients who so indicate and/or for logistical reasons such as availability of TLDs, promotions or discounts that may benefit development is offered.

4.7.2 Ownership of domains: Domains managed by Creativo.io are always owned by the client, regardless of the platform or administrative model used for their management. The client can request the transfer of the domain at no additional cost besides the work time it takes to carry out the process and the fees charged by our platform and that of the client. Domain transfer requires:

a. Active and renewed domain, being up to date with payments for services already provided and/or payments for estimated services.
b. That the client’s domain management platform (DMP) supports the TLD of the domain.
c. That the domain is not in a state of lock (60 days from the purchase or renewal) as indicated by the ICANN global policy
d. Other policies and terms of the platforms involved in the transfer.

4.7.3 Own Domains: The domains managed by the client directly, their configuration and renewal is the sole responsibility of the client, as well as the damages or over costs that its misconfiguration may cause, unless you invite us as assistants to manage it at your domain management platform, what is the best practice recommended and indicated when the DMP offers this possibility, eg, GoDaddy, Namecheap, etc.

5. Processing, Handling, and Shipping Policy

5.1 Processing: Al our services have variable processing times depending on  things like the estimated extension, feedback speed, and general availability. Urgent development must be specified as so.

5.2 Handling: Once pre-finished any development enters a handling phase for review, final changes and finishing. It is also a variable although shorter timeframe.

5.3 Shipping: Shipping is always FREE as long as the client/project is up to date with payments. When we produce digital goods, they are delivered via eMail (where possible) and to the client’s preferred communication or storage service. Other assets like web sites are delivered in the form of releasing them to the public.

Terms of Service 1

Creativo.io

design + tech

est 2007

2020 © ingenero Creativo v9
110131 Bogotá D.C., Colombia
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