General Terms of Service, Conditions and Privacy Policy

Parties, Identification and Scope of Application

This binding agreement is entered into between:

• The Service Provider: Bullet Design (hereinafter referred to as "the Agency", "Bullet Design", "Provider", "we", "us", or "our"), a premier web engineering, bespoke software development, e-commerce, UX/UI design, conversion optimization, and digital strategy studio with operations and client hubs in Miami, Florida (United States) and Quito/Ambato (Ecuador), operating the website https://bulletdsgn.com and official communications at [email protected].
• The Client: Any individual, business entity, corporation, or organization ("Client", "You", or "Customer") requesting services, approving a quote/proposal, paying a retainer or deposit, or commissioning digital work from Bullet Design.

Formation of Contract: Approval of any estimate, invoice, proposal, or electronic authorization via email, messaging, credit card payment, bank transfer, or digital acceptance constitutes a legally enforceable contract governed by these Terms.

Nature of Services (Custom Intellectual & Technical Work-for-Hire)

All services rendered by Bullet Design constitute highly specialized professional, intellectual, design, and software engineering services provided on a custom work-for-hire basis.

Deliverables do not constitute standardized mass-market consumer shelf-goods or generic off-the-shelf software packages. Every engagement requires immediate and dedicated allocation of engineering staff, UX architecture, data modeling, custom styling, and server provisioning specifically tailored to the Client's business.

Strict No-Refund & All-Sales-Final Policy

3.1. Legal Basis under United States & Commercial Law

Under the regulations of the Federal Trade Commission (FTC), the Uniform Commercial Code (UCC), and Florida commercial statutes, custom commissioned services and B2B professional development are recognized as final commercial transactions (All Sales Are Final). No statutory right of cancellation applies once technical production or resource allocation has begun.

3.2. Legal Basis under the Laws of the Republic of Ecuador

Pursuant to Article 47 of the Organic Law of Consumer Defense (LODC) of Ecuador, the statutory right of withdrawal or cooling-off period DOES NOT APPLY to contracts for services that have commenced execution with the consumer's express consent, nor to custom-made, personalized goods and services crafted according to specific client directives.

3.3. Retainers and Upfront Deposits

Upfront deposits (typically 50% upon project kickoff or as detailed in the commercial quote) constitute an irrevocable retainer securing agency calendar availability, dedicated engineering hours, and preliminary architecture. If the Client unilaterally halts, pauses, or terminates the project for any reason, all paid amounts remain non-refundable as liquidated damages for committed capacity.

Client Delays, Deliverable Dependencies and Project Abandonment

Project schedules and delivery estimates (including 24-hour visual prototypes and rapid development sprints) depend strictly upon timely Client cooperation and submission of required materials.

4.1. Automatic Schedule Adjustments (No Agency Default)

Any delay by the Client in providing necessary content, credentials, or approvals automatically extends the delivery deadline by a period equal to the Client's delay, plus up to five (5) business days for project rescheduling and developer reassignment. Client-caused delays shall under no circumstances constitute default, breach, or delay by Bullet Design, nor entitle the Client to discounts, penalties, or refunds.

4.2. Project Dormancy & Abandonment Policy

• Inactivity Exceeding 15 Calendar Days: If the Client fails to communicate, supply pending assets, or provide feedback for more than 15 consecutive calendar days, the project will automatically enter Administrative Suspension, and assigned engineering staff will be reassigned to other active client queues.
• Inactivity Exceeding 30 Calendar Days (Abandonment): If Client dormancy exceeds 30 consecutive calendar days without prior written agreement, the project is deemed CLOSED AND TERMINATED FOR ABANDONMENT.
• Reactivation Terms: Reactivating an abandoned project requires: (i) payment of a 15% Administrative Reactivation Fee (minimum $150 USD); (ii) acceptance of current Agency scheduling availability; and (iii) updated pricing adjustments if more than 60 days have elapsed since the original quote. All previously paid funds remain strictly non-refundable.

Scope of Work, Change Orders and Scope Creep Control

The scope of each project is strictly defined by the approved commercial estimate or contracted package (Starter, Business, E-commerce Standard, Enterprise, or Custom Platform).

Scope Creep Policy: Any request for additional web pages, extra product uploads, structural redesigns after prototype approval, unquoted payment gateway integrations, custom API endpoints, or database logic changes constitutes a "Change Order". Change orders will be estimated and billed separately and will result in proportional timeline extensions.

Intellectual Property, Source Code and Retained Agency Rights

6.1. Conditional Transfer of Rights upon Full Payment

The license or assignment of rights to use the customized final deliverables (bespoke web design and project-specific code) takes effect only upon full and final settlement of 100% of all agreed fees. Until full payment is received, Bullet Design retains full legal title, copyright, and moral ownership of all work produced.

6.2. Pre-Existing IP and Proprietary Frameworks

Bullet Design retains full, exclusive, and perpetual ownership of its pre-existing intellectual property, including proprietary codebases, base CSS/JS frameworks, utility scripts, data pipelines, automation tools, and internal design systems ("Pre-Existing IP"). The Client is granted a non-exclusive, perpetual, worldwide license to use such Pre-Existing IP solely as embedded within the delivered final website.

6.3. Portfolio Showcase & Authorship Credits

• Portfolio Rights: Bullet Design reserves the unconditional right to showcase project screenshots, videos, URLs, and case study summaries across its website, social media, marketing collateral, and industry awards.
• Site Credit: Bullet Design is entitled to maintain a subtle hyperlink credit in the website footer (e.g., "Designed by Bullet Design" or "Powered by Bullet Design"). White-label delivery or credit removal requires prior written agreement and may incur a licensing fee.

Client Content Warranties and Full Indemnification

The Client represents and warrants under penalty of perjury that it owns or has valid licenses, releases, and authority for all copywriting, trademarks, logos, images, audio, video, product details, and database records provided to Bullet Design.

Third-Party Platforms, Infrastructure and Disclaimer of Guarantees

Modern web solutions rely on third-party cloud infrastructure (Cloudflare, Shopify, Stripe, PayPal, Datafast, Kushki, Google Cloud, AWS, Meta/WhatsApp, cPanel, domain registrars, etc.).

8.1. Disclaimer of Third-Party Dependencies

Bullet Design guarantees proper configuration within the agreed scope but shall not be liable for:

• Downtime, server outages, or global internet disruptions originating from third-party hosting, DNS, or cloud networks.
• Unilateral fee increases, policy changes, UI updates, or account suspensions imposed by Shopify, Stripe, Google, or Meta.
• Deprecations, rate-limits, or breaking changes in third-party APIs occurring after project delivery.
• Account or merchant gateway holds resulting from the Client's business underwriting or compliance checks.

8.2. Disclaimer of Business, SEO and Revenue Outcomes

Bullet Design implements best-in-class technical SEO, Core Web Vitals optimizations, and conversion-focused architectures. However, the Agency DOES NOT guarantee specific Google ranking positions, revenue figures, sales volumes, or conversion benchmarks, as these outcomes depend entirely on external search algorithms, competitive advertising, consumer demand, and the Client's ongoing business execution.

Limited 30-Day Technical Warranty & Voiding Conditions

Bullet Design provides a Thirty (30) Calendar Day Limited Technical Stability Warranty commencing upon project deployment or final handover.

9.1. Warranty Scope

This warranty is strictly limited to fixing verifiable programming bugs, broken links, or display defects resulting from code written by Bullet Design within the approved project scope.

9.2. Automatic Warranty Voiding Events

The technical warranty is immediately voided and subsequent support will be billed at standard hourly rates if any of the following occur:

• Unauthorized code modifications, database edits, or server adjustments made by the Client or any third party.
• Installation of unapproved plugins, third-party scripts, themes, or unverified tracking codes.
• Mishandling of DNS records, nameservers, SSL certificates, or mail server records.
• Security compromises, brute-force intrusions, or malware infections caused by weak passwords or poor credential security by the Client.

Limitation of Liability and Aggregate Damage Cap

Data Protection, Security and Privacy Policy Compliance

Bullet Design handles all personal data with rigorous administrative and technical security standards, complying with:

• United States federal and state privacy statutes (FTC Act, CAN-SPAM Act, CCPA/CPRA, and Florida Digital Bill of Rights standards).
• The Organic Law of Personal Data Protection (LOPDP) of Ecuador.

11.1. Data Usage and Absolute No-Sale Pledge

Client information is processed solely for project execution, communication, invoicing, and technical support. Bullet Design DOES NOT sell, rent, or trade personal or business data to any third party under any circumstances.

11.2. Data Subject Rights & Privacy Contact

Clients and website visitors may exercise their rights of access, correction, deletion, and portability by submitting a formal request to [email protected].

Governing Law, Jurisdiction and Dispute Resolution

Applicable law and forum are determined by the contracting jurisdiction and invoice origin: