Service terms
Draft — not yet reviewed by a lawyer
These terms were drafted by me, a developer, and have not been reviewed by anyone qualified to review them. They describe honestly how I intend to work, and I will hold myself to them. They should not be relied on as final legal language, and they will be replaced with a reviewed version.
If you need reviewed terms before committing, say so and we will sort that out first.
What you are buying
Each package lists what it includes and what it excludes. Those lists are the definition of the engagement. Anything not listed as included is not included, whether or not it is listed as excluded — the exclusions are examples of the most common misunderstandings, not an exhaustive boundary.
For packages requiring scope approval, the approved scope summary agreed before payment takes precedence over the general package description. That summary is what I have agreed to build.
Scope approval
The Senior Engineering Day, Prototype Sprint and prepaid hour blocks require written scope approval before payment. You submit a request, I review it, and I either approve it with a scope summary and a price, ask for more information, or decline it.
Approval is not automatic and submitting a request does not oblige me to accept it. If I think a different package would serve you better, I will say so before taking any money.
If the scope or the price changes after approval, any payment link already issued stops working and you are asked to review and accept the revised scope before paying. You are never charged against a scope you did not accept.
Your cooperation and access
Delivery depends on you. I need timely answers to questions, access to the systems the work touches, and a named person reachable during the engagement.
Provide repository access, environment access and any third-party credentials the work requires before the agreed start date. If access is not available when a reserved day or sprint begins, the reserved time still counts as used.
Do not send credentials, API keys, passwords or private keys through the project request form or by ordinary email. I will arrange a secure channel for those once work is agreed.
Scheduling
Work is scheduled by agreement after payment is confirmed. Indicative scheduling windows shown on package pages are estimates based on current availability, not commitments.
Reserved days and sprint start dates are fixed once agreed. If you need to move a reserved date, tell me at least five working days beforehand and I will reschedule at no cost where I can. Later than that, the reserved time may be treated as used, because the capacity has already been held for you and cannot be resold at short notice.
What counts as working time
Investigation, reading and understanding your codebase, communication, planning, implementation, testing, review and deployment all count as working time.
Time spent waiting on you — for access, for answers, for a decision that blocks progress — is not billed as working time, but it does consume the calendar window the work was scheduled into, and it may push delivery.
Revisions and change requests
Work delivered under an approved scope includes reasonable revisions to bring the delivered work in line with that scope. It does not include unlimited revisions, and it does not include revisions that change what the scope says.
A change request is anything that adds to, removes from or materially alters the approved scope. I will tell you when something is a change request rather than a revision, estimate it, and only proceed once you agree. Change requests are charged separately unless they are trivially small.
Third-party service costs
Hosting, domains, managed databases, email delivery, payment providers, API subscriptions and any other third-party service the work relies on are yours to pay for and yours to hold accounts with. They are not included in any package price.
Where a preview or test deployment is included, it runs on infrastructure I control and is intended for evaluation. It is not a production environment and I do not commit to keeping it running indefinitely.
Intellectual property
On receipt of payment in full, all intellectual property rights in the work specifically created for you under the engagement transfer to you. Until full payment is received, those rights remain mine.
This transfer does not cover pre-existing material: libraries, tools, boilerplate and general-purpose components that existed before your engagement or that I develop for general reuse. Those remain mine, and you receive a perpetual, worldwide, non-exclusive, royalty-free licence to use, modify and distribute them as part of the delivered work.
Delivered work may incorporate open-source dependencies licensed by their own authors under their own terms. Those terms continue to apply and are not altered by this agreement. I will use dependencies with permissive licences where I reasonably can, and tell you when the work depends on anything with copyleft obligations.
Confidentiality
I treat your idea, your code, your data and your business information as confidential, and I will not disclose them to anyone else or use them for anything other than your engagement.
This does not cover information that is already public, that you make public, or that I am legally required to disclose. It does not restrict my general skills, knowledge and experience, including anything I learn during your engagement that is not specific to your confidential information.
Portfolio and case studies
I would like to mention that we worked together, and describe the work in general terms. I will not do so without your written permission, and permission for one thing is not permission for another.
You can withdraw permission at any time for anything not already printed, and I will remove it from the site.
Cancellations and refunds
Before work starts: cancel more than five working days before the agreed start date and you receive a full refund. Cancel within five working days of the start date and up to half the price may be retained, because the capacity was reserved for you and cannot be resold at short notice.
After work starts: the engagement is refundable only in proportion to work not yet done, at my assessment, and I will show you the reasoning.
The Technical Clarity Session is fully refundable until the call takes place. Once the call has happened it is not refundable, because it has been delivered.
Prepaid hour blocks are refundable pro rata on unused hours within 30 days of purchase. After that, unused hours run to their expiry.
If I cancel, or if I cannot deliver what was agreed, you are refunded in full for anything not delivered.
Expiry of prepaid hours
Prepaid hour blocks expire 90 days after the date of purchase. Unused hours are forfeited at expiry.
I will warn you before a block expires. If circumstances genuinely got in the way, ask — I would rather extend a block than keep money for work I did not do.
Warranty and defect correction
I warrant that delivered work will substantially conform to the approved scope. For 30 days after delivery I will correct defects in the delivered work at no charge, where a defect means the work does not do what the approved scope said it would.
This does not cover changes to requirements, new features, problems caused by modifications made by others, problems caused by changes in third-party services, or issues arising from your environment or data.
Prototypes are warranted as prototypes. A prototype is built to demonstrate one workflow; it is not warranted as production-ready software, and no package includes a production security or compliance audit unless it says so.
Ongoing maintenance
No package includes ongoing maintenance, monitoring, support or availability after delivery beyond the 30-day defect-correction period.
If you want continuing help, that is a prepaid hour block or a separate arrangement, and I am happy to discuss either.
Limitation of liability
My total liability arising from an engagement is limited to the amount you paid for that engagement.
I am not liable for indirect or consequential loss, including lost profits, lost revenue, lost data, lost business opportunity or business interruption, even where the possibility was known.
Nothing here limits liability that cannot lawfully be limited, including liability for death or personal injury caused by negligence, or for fraud.
You remain responsible for your own backups, for your own regulatory compliance, and for deciding whether delivered work is fit for the use you put it to.
Governing law
These terms are governed by Croatian law. Proclive d.o.o. is registered in Croatia; the registration details are in the site footer.
Company
Services are provided by Proclive d.o.o., a company registered in Croatia. Registration, VAT and banking details are in the footer of every page.
Questions about any of this: igor@proclive.io.