Terms of Service

Engagement Overview

These Terms of Service (“Terms”) outline how Esteben partners with clients, collaborators, and visitors. By engaging with our services, signing a proposal, or continuing a project with Esteben, you agree to these Terms.

Who We Work With

• Esteben is a boutique studio led by Steven Espinal. Depending on scope, we may bring in trusted contractors under our supervision.
• If we ever need to substitute or add collaborators, we will notify you in writing and ensure they meet our standards.

Agreement Hierarchy

If a signed proposal, statement of work, or master services agreement conflicts with these Terms, the signed document prevails for that project.

Scope, Deliverables, and Feedback

Defining the Work

• Every engagement begins with a scoping session where we map deliverables, success metrics, and timeline.
• Material changes (new features, additional pages, integrations, etc.) require a written change request that may affect budget and timeline.

Feedback Cadence

• Feedback is requested within two business days of each review checkpoint unless otherwise specified.
• Delays in feedback pause delivery timelines. We’ll resume as soon as we receive consolidated direction.

Payment Terms

• Invoices are sent according to the proposal (typically 50% upfront, 50% on completion, or monthly for ongoing retainers).
• Invoices are due within 14 calendar days unless another schedule is documented.
• Late payments may incur a 1.5% monthly fee (or the maximum allowed by law). Continued late payment can pause the project.

Intellectual Property

Client Materials

• You retain ownership of all assets, trademarks, data, and materials you provide.
• You confirm you have rights to share any third-party assets.

Work Product

• Upon final payment, Esteben assigns to you all rights in the deliverables we create specifically for your project, excluding third-party libraries and Esteben’s internal tooling.
• Esteben may reference non-confidential deliverables in our portfolio unless you request otherwise in writing before launch.

Confidentiality

• Both parties agree to keep non-public information confidential and to use it solely for project purposes.
• Confidentiality obligations survive project completion.

Warranties and Limitations

• Esteben represents that services will be performed with professional diligence and industry-standard practices.
• Except where prohibited by law, Esteben disclaims all other warranties, including implied warranties of merchantability and fitness for a particular purpose.
• Esteben is not liable for indirect, incidental, or consequential damages. Our aggregate liability is limited to the fees paid under the applicable statement of work in the 12 months preceding a claim.

Termination

• Either party may terminate the engagement with 14 days’ written notice if the other party materially breaches these Terms and does not cure the breach within that period.
• Upon termination, you will pay for work completed up to the termination date. We will deliver partially completed work in its current state.

Independent Contractor

• Esteben operates as an independent contractor. Nothing in these Terms creates a partnership, joint venture, or employment relationship.
• You are not responsible for our taxes, benefits, or insurance obligations.

Governing Law

• These Terms are governed by the laws of the State of New York, excluding its conflict-of-law rules.
• Any disputes will be resolved in the state or federal courts located in New York County, New York.

Updates to These Terms

• We may update these Terms over time. We will notify active clients of material changes and post the updated version on our website with a revised “Last Updated” date.
• Continued use of our services after changes take effect constitutes acceptance of the revised Terms.

Contact

Questions about these Terms can be sent to hello@esteben.com.