Terms Of Service

Section 1 - Agreed Upon Services Link to heading

When you agree to a contract with the developer (Bones), you are purchasing my time and services, not necessarily the final product. However, I receive full payment for the product, and am obligated to make every reasonable effort to complete the project and deliver the product in a reasonable manner.

The completion conditions, scope, and list of features for the product must be agreed upon before development begins. It must be mutually agreed upon by both the client and developer. However, as a project may evolve and change, so too can scope and feature sets. Changes to the agreed upon criteria for product completion are possible, but also must be mutually agreed upon by both the client and the developer.

In addition to the completion conditions of the product, before development starts, both the client and developer must agree on:

Delivery Method
Licensing
The Full Payment Amount
Initial Payment Amount
Method of Payment

Only after all of the above are agreed upon, and initial payment is received, will development begin. If either party proposes scope changes, an updated written* agreement must be approved before the additional work begins.

Section 2 - Delivery, Licensing, and Ownership Link to heading

Once the product reaches the agreed upon completion conditions, the final product will be delivered to the client. While this contract does not stipulate that I (Bones) must be the one to deliver the product, in most cases I will be the one to deliver it.

The delivery method must be agreed upon beforehand. To simplify the terms of this contract, the means of delivery must be one of the following:

“Open Source Delivery”: In this delivery method, the source code (including commits and releases) will be uploaded to a public repository under an open-source license agreed upon before development begins. I (Bones) retain intellectual property rights (authorship and ownership) of the source code, while the client receives the full rights to use, distribute, or modify it under the terms of the aforementioned license. By default, the project will be hosted on my Codeberg page, but clients can request to handle hosting the project themselves, such as on their website, their own Codeberg or other Git repository, et cetera. The project must still be Free and Open Source, licensed under the previously agreed upon license.

By default, the product will disclose that it was sponsored, but will keep the identity of the client and their business anonymous. However, upon request, I (Bones) can instead disclose the identity of the client and/or their business as the sponsor.

“Closed Source Delivery”: In this delivery method, the final compiled products will be compressed into a .zip file and delivered privately to the client. The client may also request the source code and/or commit history associated with the product. The client may request any preferred delivery platform, such as email, Dropbox, or another file transfer service. However, the specific delivery platform (e.g. email, Dropbox, or another service) must be mutually agreed upon before this contract takes effect. I (Bones) reserve the right to decline the use of any platform or service that I do not already use, or that I determine to be insecure or otherwise unsuitable for deliver; in such cases, I will propose alternative delivery methods from my list of preferred services.

I (Bones) retain authorship and ownership of the source code and related project files, but grant clients a non-exclusive, perpetual license to use, modify, and distribute the resulting project internally or commercially, as previously agreed upon. The project files will not be publicly visible unless the client chooses to make them public. When this method is used, I (Bones) am obligated to make every reasonable effort to keep all files involved in this project private and inaccessible to the public, even if the client later makes such files publicly accessible.

By agreeing to these Terms of Service, both parties agree to keep any proprietary or personal information shared during project development confidential, unless otherwise agreed in writing*.

Section 3 - Delivery Timeframes Link to heading

In our contact, I (the developer, Bones) may give timeframes in which the services rendered may be completed. However, these timeframes are not absolute guarantees and are only estimates based on my prior knowledge. This agreement does not make me obligated to complete services within a specific timeframe.

However, having said that, once I accept payment, I will make every reasonable effort to develop and deliver the final product in a reasonable timeframe. If any complications arise, I will be sure to contact you so we can come to an amicable agreement on how to proceed.

Section 4 - Payment Terms Link to heading

The full amount of payment required for services rendered must be agreed upon before development begins. In the case of myself (Bones), my prices for the Write a Python Script and Optimize C++ Code services are static. The pricing for the Build A CLI App service is per-project. While no estimate is given, I (Bones) will try to give the client a reasonable quote based on required time and resources, scope of the project, and complexity of the logic.

The Write A Python Script service requies 100% of the payment upfront before development begins. This is because the Write A Python Script service is typically a short, inexpensive contract, and handling payment upfront keeps the contract simple and straightforward for both the developer and the client.

The Optimize C++ Code is an hourly service where payment is made in recurring deposits that fund a defined number of work hours (“payment periods”). Before each payment period begins, the client and developer will agree in writing* on the number of hours to be covered and the corresponding deposit amount. Once the deposit for a payment period is received, the developer will perform work up to - but not exceeding - the number of hours funded by the deposit. When those hours have been completed, development pauses until a new despot is received.

Either party may propose a change to the number of hours or the deposit amount at the start of each new patment period. Such changes must be agreed upon by both parties in writing*. This arrangement continues until project completion or service termination in accordance with Section 7 - Termination of Service.

Once a total amount is agreed upon for the Build A CLI App service, an upfront deposit must be agreed upon by both parties, documented in writing. The remaining amount of the previously agreed upon total amount (if any) must be paid to the developer prior to product delivery. Only after receiving the total amount is the developer obligated to deliver the final product.

Section 5 - Refund Policy Link to heading

Because payment compensates for time and expertise rather than a physical product, refunds are generally not issued once work begins. However, I may, at my own discretion, issue a partial or full refund if extraordinary circumstances prevent completion.

Section 6 - Change of Terms Link to heading

The terms of this agreement may evolve as the project develops. While I (the developer, Bones) retain discretion over how services are provided, any significant change to scope, payment, or delivery conditions will be discussed and mutually confirmed with the client before taking effect. All changes must be documented and agreed to in writing*.

I reserve the right to decline or terminate a project if the agreed-upon conditions are no longer feasible or if the client fails to meet payment or communication obligations.

Section 7 - Termination of Service Link to heading

In the event that either party, be that the myself (the developer, Bones), or the client, wishes to terminate the previously agreed upon contract, the terms of such termination will be discussed by both parties and must be mutually agreed upon before the termination takes effect.

While every situation is different, the following is true about all cases in which service is prematurely terminated:

Termination of Service does not oblige me (the developer, Bones) to offer a refund. However, I reserve discretion over such matters, and may offer a refund regardless if seen as reasonable in the circumstances. The refund is not obligated to be the full amount previously paid, as the time invested is non fungible.
Termination of Service waives my obligation to work on the product after termination takes effect.
Termination of Service waives my obligation to deliver the final product, even if incomplete. However, I will still deliver the product in a way that is proportional to payment received.
Termination of Service does not waive my responsibility to keep the project and product private, if “Closed Source Delivery” was chosen as the delivery method.

Section 8 - Activation of Service Link to heading

The terms of this contract do not take effect by default. The client must explicitly provide written* agreement to the aforementioned terms of service. The activation of this contract is effective immediately once I (the developer, Bones) receive such agreement to the aforementioned terms.

Section 9 - Liability Limitation Link to heading

The developer provides work “as is” and makes no guarantees of fitness for a particular purpose.

The developer is not liable for indirect, incidental, or consequential damages arising from the use of the delivered product.

By agreeing to these Terms of Service, the client agrees to indemnify and hold harmless the developer from claims arising from the client’s use or distribution of the project.

This agreement is governed by the laws of the United States of America.

*In cases where writing is mentioned, email is also sufficient for the purposes of these Terms of Service.