Ruby/Rails Consulting & Development

Terms of Service

I like to keep things simple and informal, but it’s still important to clearly communicate expectations in written format to avoid misunderstandings.

By buying a Ruby/Rails Consulting & Development subscription from Moncef Belyamani (doing business as Monfresh LLC), you agree to the policies and terms contained in this document.

To keep things simple in the rest of this document, I will refer to Monfresh LLC as “I”, “Me”, or “My,” and the Ruby/Rails Consulting & Development subscription as “Services”.

Last updated on December 11, 2023

Strategic Consulting, Audits & Roadmapping

You get unlimited asynchronous access to me via our agreed upon communication channels. My responses may include written documentation, recorded videos or screencasts, code examples, and more.

Here are examples of ways I can improve your business and save you money:

Response times will vary based on the complexity of the questions and whether or not I need to do additional research to provide you with a complete response. If a response will take more than a few days, I’ll let you know ahead of time.

Training

Team training can include a variety of topics, and can be mixed-and-matched to meet the unique needs of your team.

Training can be customized to the needs of your team, and can include a mix of asynchronous learning, project-based workshops, and group mentoring via chat.

A maximum of 20 students per session is permitted. Sessions cannot be recorded or distributed beyond the participant group.

Development Work

Assets

You are responsible for providing any required assets, including but written content, images, videos, and designs.

It’s your responsibility to ensure that all content you provide will either be created by you or lawfully obtained by you, meaning that you have permission to use and publish the content on the website without limitation. I will have no responsibility for any unauthorized use or misappropriation of any words, phrases, pictures, videos, images, or other content on the website.

You agree to fully indemnify us, and hold us harmless, to the full extent of any and all claims, actions, damages, losses, costs and fees arising from your unauthorized use or misappropriation of any content.

Supported browsers and devices

My goal is not to make websites look and work the same on every device and browser, but rather to provide an experience that’s appropriate for the capabilities of each browser and device.

I make a distinction between “support” and “optimization.” My goal is to support as many devices and environments as humanly possible, but I optimize websites for modern browsers and devices.

Hosting services and technical support

I do not provide hosting services for the code I develop. You are responsible for selecting, paying for, and maintaining any needed hosting solutions and associated services.

While I may give you names of various hosting services, I do not make any promises, warranties or representations regarding the quality or delivery of such services, and I will not be responsible for any loss, damage, or other adverse consequences related to failures or limitations of the hosting provider.

Copyrights

I will be providing you with code that you can build upon even after you stop using my services.

I will own the unique combination of HTML, CSS, JavaScript, and other code I produce. I’ll license it to you exclusively and in perpetuity for this project only.

I love to show off my work and share what we’ve learned with other people, so I reserve the right, with your permission, to display and link to your project as part of my portfolio and to write about it on websites, in magazine articles, and in books.

Eligibility

I’m always happy to work with a new client, provided I have the time available in my schedule to serve you and my existing clients. Priority is always given to existing clients. If I am unable to serve you now, I can let you know when my availability opens up.

Having said that, there are certain industries and organizations I won’t do business with, including but not limited to:

If I decide not to continue to work with you, you will receive a full refund for your first month of service.

The fine print

Canceling Services

You or I can cancel my services at any time.

I will continue to provide services for the remainder of the current billing period or provide a refund for the last month of service (at my discretion).

If you cancel within our first month of working together and are not happy with my work for any reason, let me know I’ll refund you for our first month of working together. A refund also revokes the license for any services rendered during that time.

No promises regarding business results

I do not make any promises, warranties, or representations relative to how my services will impact your business, including but not limited to the amount of internet traffic, inquiries, clients, and revenues you receive as a result of using my code, acting on my advice, or otherwise engaging in my service.

These Terms are subject to, and shall be interpreted and enforced in accordance with, the laws of the Commonwealth of Virginia in all respects without regard to conflict of law principles. The Courts of Fairfax County, Virginia shall be the sole and exclusive Courts in which either party may attempt to enforce or establish the existence or scope of any rights, benefits or obligations under this Agreement.

Costs and fees regarding enforcement

In the event you breach these Terms in any respect, you shall be responsible for all reasonable costs and fees, of whatever nature and kind and including all reasonable attorneys’ fees, incurred by us relative to the breach, regardless of whether any legal action is filed.

Waiver

You agree that I shall not be deemed to have waived any provision or right under these Terms unless Moncef Belyamani, the owner of Monfresh LLC, signs a document stating that a particular provision or right is being “waived.”

Under no circumstances shall our course of dealing with you constitute any type of waiver, absent the required signed writing. These Terms cannot be amended or modified verbally.

Complete Agreement

These Terms represents the full and complete understanding between the parties, and it supersedes any and all prior and contemporaneous understandings, representations and communications. You understand and agree that I’m not making any promises, representations, or warranties regarding the services other than those expressly set forth in this Agreement.

Severability

If any portion of these Terms is determined by a Court of to be against public policy, invalid, or otherwise unenforceable, then that determination shall not invalidate or otherwise render unenforceable any other provision of these Terms, and the remainder of the Agreement shall remain enforceable.

Contact Information

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