1. Agreement to these Terms
These Terms and Conditions (“Terms”) are a binding agreement between you (“Client,” “you,” or “your”) and Work with Colby, operated by Colby Fifer (“Work with Colby,” “we,” “us,” or “our”). By using this website, submitting a request, paying an invoice, signing a proposal, or using our services, you agree to these Terms and our Privacy Policy.
If a signed proposal, statement of work, order form, or written service agreement conflicts with these Terms, the signed document controls for that specific engagement.
2. Services and scope
We provide on-demand AI, information technology, design, development, automation, integration, consulting, maintenance, and website services. The exact deliverables, priorities, timelines, fees, and service level are determined by the plan or written scope you purchase.
Unlimited requests
“Unlimited requests” means you may maintain an unlimited request queue during an active subscription. It does not mean unlimited simultaneous work, labor, revisions outside the active engagement, or guaranteed completion of every request within a particular period. Work is performed according to the active-priority limit of your plan, project complexity, availability, dependencies, and timely Client feedback.
Changes and estimates
Timelines are good-faith estimates, not guarantees. Material scope changes, expedited work, licenses, infrastructure, paid media, specialist services, travel, or third-party costs may require additional written approval and fees.
3. Fees, commitments, renewal, and refunds
- Fees are stated in U.S. dollars and are due according to the applicable checkout, invoice, proposal, or order form.
- Monthly services are billed in advance and renew automatically for successive monthly periods until properly canceled, subject to any minimum commitment shown at purchase.
- A discounted four-month plan is a four-month commitment. Unless a written order states otherwise, the full four-month amount is committed when purchased, even if installments are used.
- You authorize us and our payment providers to charge the payment method supplied for amounts due, taxes, approved expenses, and renewal fees.
- Fees are non-refundable once a billing period or project has started, except where required by law or expressly stated in writing.
- Late or failed payments may result in paused work, withheld deliverables, revoked access, collection costs, or termination.
To prevent renewal, send written cancellation notice through the website contact form or another confirmed written channel before the next billing date. Cancellation does not erase accrued charges or shorten an agreed minimum term.
4. Client responsibilities
You agree to provide accurate information, timely decisions, content, credentials, access, approvals, and a designated decision-maker. You are responsible for backing up your systems and reviewing deliverables before publication or production use.
You represent that you have all rights and permissions needed for materials, data, trademarks, accounts, and instructions you provide. You will not request unlawful, infringing, deceptive, harmful, abusive, discriminatory, or security-compromising work.
5. Intellectual property
Client materials
You retain ownership of materials you provide. You grant us a limited license to access, copy, modify, and process those materials solely to perform the services.
Final deliverables
After full payment, you receive the rights described in the applicable proposal or order. If no separate terms exist, you own custom final deliverables specifically created for you, excluding our pre-existing materials, reusable components, know-how, tools, systems, templates, processes, prompts, libraries, and third-party materials (“Background Materials”).
Background and third-party materials
We retain all rights in Background Materials and grant you a non-exclusive, perpetual license to use any Background Materials embedded in a paid final deliverable as necessary to use that deliverable. Open-source software, stock assets, fonts, platform components, and other third-party materials remain subject to their own licenses.
Portfolio use
Unless the work is marked confidential in writing before publication, you grant us permission to identify you as a client and display non-confidential final work in portfolios, case studies, proposals, and marketing. You may revoke future portfolio use by written notice, but prior lawful publications need not be recalled.
6. AI tools and third-party platforms
Our workflow may use artificial intelligence, code-generation, hosting, CRM, communications, design, analytics, cloud, and other third-party platforms. These tools can produce errors, omissions, inconsistent results, security risks, or outputs similar to those provided to others. You agree that material outputs must be reviewed before high-impact, regulated, legal, medical, financial, employment, safety, or production decisions.
Third-party platforms are governed by their own terms, availability, pricing, security, and privacy practices. We are not responsible for outages, changes, suspensions, data loss, or acts of third parties beyond our reasonable control. “Tools included” refers only to tools and usage we elect to provide within normal service delivery; it does not transfer an account, license, or unlimited third-party consumption to you.
7. Confidentiality and security
Each party will use reasonable care to protect the other party’s non-public business information and will use it only for the engagement. Confidentiality does not cover information already known without restriction, independently developed, lawfully obtained from another source, publicly available without breach, or required to be disclosed by law.
No system is completely secure. You are responsible for controlling account permissions, using strong authentication, retaining backups, and promptly removing our access when no longer required.
8. Disclaimers and no guaranteed results
Services are provided “as is” and “as available” to the fullest extent permitted by law. We disclaim implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee revenue, rankings, leads, conversions, uptime, security, compatibility, legal compliance, platform approval, or any particular business result.
You remain responsible for business decisions, regulatory compliance, published claims, accessibility obligations, data practices, taxes, and professional review appropriate to your industry.
9. Limitation of liability
To the fullest extent permitted by law, Work with Colby will not be liable for indirect, incidental, special, punitive, exemplary, or consequential damages; lost profits, revenue, data, goodwill, opportunities, or business interruption; or the cost of substitute services.
Our aggregate liability arising from a claim will not exceed the fees you paid to us for the specific service giving rise to the claim during the three months immediately preceding the event. These limitations apply regardless of legal theory and even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so they apply only to the extent lawful.
Indemnification
You agree to defend, indemnify, and hold harmless Work with Colby and Colby Fifer from third-party claims, losses, liabilities, and reasonable costs arising from your materials, instructions, products, business practices, breach of these Terms, violation of law, or infringement of another party’s rights.
10. Suspension and termination
We may suspend or terminate access or services for nonpayment, abuse, unlawful requests, security risk, repeated failure to cooperate, breach of these Terms, or conduct that could harm us, a platform, or another person. Either party may terminate a month-to-month service by timely written notice, subject to outstanding charges and minimum commitments.
Upon termination, you must pay all amounts due. Provisions concerning payment, intellectual property, confidentiality, disclaimers, liability, indemnity, and disputes survive termination.
11. Governing law and disputes
These Terms are governed by the laws of the Commonwealth of Puerto Rico and applicable United States federal law, without regard to conflict-of-law principles. Before filing a claim, each party agrees to provide written notice and attempt in good faith to resolve the dispute informally for at least 30 days.
Unless applicable law requires otherwise, exclusive venue for disputes will be the state or federal courts located in Puerto Rico, and each party consents to their jurisdiction. Claims must be brought individually and not as part of a class or representative action to the extent permitted by law.
12. General provisions
We are an independent contractor, not your employee, partner, fiduciary, or legal representative. Neither party may assign an engagement without consent, except in connection with a merger, sale, or reorganization. We are not liable for delays caused by events beyond reasonable control. If any provision is unenforceable, the remainder stays effective. A failure to enforce a provision is not a waiver.
We may update these Terms by posting a revised version and effective date. Material changes apply prospectively unless law requires otherwise. Continued website use after an update constitutes acceptance; material service changes may require separate notice.
13. Contact
Questions, notices, or cancellation requests may be submitted through the contact form at workwithcolby.com or by text at 787-549-3076. Please keep a copy of any confirmed notice.