Terms and
conditions.

1. Parties and acceptance

These terms and conditions (the “Terms”) govern the relationship between Xterra Engine, domiciled in Guatemala City, Republic of Guatemala (“Xterra Engine”), and the individual or legal entity that requests, accepts or contracts its services (the “Client”).

By submitting a request through the forms on xterraengine.com, accepting a Proposal or paying for a service, the Client declares that it has read, understood and accepted these Terms. If acting on behalf of an organization, the Client declares that it has authority to bind it.

2. Definitions

“Site”: xterraengine.com and its pages. “Request”: the message the Client sends through a Site form. “Proposal”: the written document Xterra Engine sends the Client with a project’s scope, deliverables, price, taxes, timeline and payment terms. “Services”: the work described in the accepted Proposal. “Deliverables”: the concrete results of the Services. “Client Content”: copy, images, logos, videos, data and other materials the Client provides. “Third-party services”: platforms and providers other than Xterra Engine, such as domain registrars, Google, Meta, WhatsApp or CRM systems.

3. Site information and contract formation

Prices, ranges, scopes and the quote tool published on the Site are for reference only and are not a binding offer. Submitting a Request does not oblige either party to enter into a contract.

The contract is formed only when the Client accepts a Proposal in writing, including by email, and pays the advance stated in it.

4. Order of precedence

In case of conflict, the following prevail in this order: the accepted Proposal, these Terms and the information published on the Site.

5. Scope and changes

Xterra Engine provides exactly the Services described in the Proposal. Anything not expressly included is excluded.

Any change in scope, functionality or direction, including changes requested after a design is approved, requires a written change order with its price and timeline impact, accepted by the Client before it is carried out.

6. Prices, taxes and currency

Prices are stated in Guatemalan quetzales unless the Proposal states another currency. Prices do not include Value Added Tax (IVA) or other applicable taxes, which are added to the invoice as required by law.

Amounts in United States dollars published on the Site are for reference. The Proposal sets the currency, the amount and, where applicable, the exchange rate. Each Proposal is valid for fifteen (15) calendar days from its sending.

7. Payment

Unless the Proposal states otherwise: (a) fifty percent (50%) of the implementation price is paid as an advance upon accepting the Proposal and is required to start; (b) the remaining fifty percent (50%) is paid before the Deliverables are published or delivered; and (c) recurring services, such as maintenance, domain and hosting renewal and additional storage, are paid in advance.

If a payment is more than fifteen (15) days late, Xterra Engine may, after notice by email, suspend work or recurring services until payment is made, without liability for the effects of the suspension.

8. Timeline and Client cooperation

Timelines run from receipt of the advance and of the necessary Client Content. They are estimates and are extended by the length of any delay by the Client in providing content, access or approvals.

If the Client does not respond for thirty (30) days to a request needed to move forward, the project is paused. If the pause exceeds sixty (60) days, Xterra Engine may close the project and invoice the work done up to that date.

9. Review and acceptance of deliverables

The Proposal states the rounds of changes included; for landing pages, two (2) rounds before launch. Additional rounds are quoted separately.

A Deliverable is deemed accepted when the Client approves it in writing, when the Client publishes or uses it, or when five (5) business days pass after delivery without specific written comments.

10. Client obligations

The Client undertakes to: (a) provide truthful and complete information; (b) provide Client Content and the necessary access on time; (c) review and approve Deliverables within the agreed timeframes; (d) pay on time; and (e) comply with the laws applicable to its activity, including those on advertising, consumer protection and the processing of its own customers’ personal data.

11. Client Content

The Client declares that it owns or is sufficiently authorized to use all Client Content and that its use does not infringe third-party rights or the law. The Client is solely responsible for the content published on its site or landing page.

The Client shall hold Xterra Engine harmless from claims, penalties, damages and expenses, including reasonable attorneys’ fees, arising from Client Content or from the Client’s use of the Deliverables.

12. Intellectual property

Once the full price is paid, the Client owns the design and content created specifically for its project.

Xterra Engine retains ownership of its tools, base code, reusable components, methodologies and prior or general know-how, and grants the Client a non-exclusive, perpetual and non-transferable license to use them as part of the Deliverables. Until the full price is paid, Deliverables are used under a revocable license.

Xterra Engine may mention the project and show images of it in its portfolio, unless the Client prohibits it in writing.

13. Domain, hosting and renewals

The domain is registered in the Client’s name. When included in the Proposal, the first year of domain, hosting and security certificate is part of the implementation; afterwards they renew yearly in advance.

If a renewal is not paid on time, the site may go offline and the domain may be lost or become subject to the registrar’s terms. Xterra Engine is not liable for those consequences when the lack of renewal is attributable to the Client.

14. Storage and acceptable use

Landing page hosting includes two (2) gigabytes of storage and fair use of bandwidth. Additional storage is purchased in blocks; above fifty (50) gigabytes it is quoted per project. If usage exceeds what was planned, Xterra Engine will propose an adjustment before charging anything extra.

The services may not be used for unlawful, misleading or infringing content; to distribute malicious software or unsolicited email; or for any activity that affects the security or stability of the infrastructure. Xterra Engine may suspend the service immediately in case of prohibited use.

15. Third-party services

Third-party services are governed by their providers’ terms. Xterra Engine is not responsible for their changes, outages, policies, prices, ad rejections or decisions. Licenses, subscriptions and ad spend on third-party services are at the Client’s expense, unless the Proposal states otherwise.

16. Maintenance

Monthly maintenance includes what is described in the Proposal. Included changes not used in a month do not carry over. Either party may cancel maintenance with thirty (30) days’ written notice.

17. Correction warranty

Xterra Engine will correct free of charge any defects attributable to it that the Client reports in writing within thirty (30) days after launch or delivery. The warranty does not cover failures caused by changes made by the Client or third parties, by third-party services, by browsers or devices no longer supported by their manufacturer, or by uses other than those intended.

18. No guarantee of results

Xterra Engine provides its services with professional diligence, but does not guarantee business results, search rankings, visits, contacts, conversions or sales, which depend on factors beyond its control.

19. Availability

Xterra Engine makes reasonable efforts to keep the services online, but does not guarantee uninterrupted or error-free operation. Maintenance windows and failures of third-party services do not constitute a breach.

20. Limitation of liability

To the maximum extent permitted by law, Xterra Engine’s total liability for any claim related to the Services is limited to the amount actually paid by the Client for the service giving rise to the claim during the preceding twelve (12) months.

Xterra Engine is not liable for lost profits, lost revenue, opportunities or reputation, indirect or consequential damages, or loss of data the Client did not back up. This limitation does not apply in cases of willful misconduct.

21. Force majeure

Neither party is liable for failures caused by acts of God or force majeure, including natural disasters, general power or telecommunications failures, acts of authority or failures of infrastructure providers, while their effects last.

22. Confidentiality

Each party shall keep confidential the other’s non-public information learned through the relationship and use it only to perform its obligations. This obligation survives for two (2) years after the relationship ends and does not apply to information that is public, already known or required by a competent authority.

23. Personal data and privacy

Data sent through the Site forms (name, email, company, project, message, quote code and originating page) is used exclusively to answer the Request, prepare proposals and follow up commercially. It is stored in Xterra Engine’s email and CRM system, operated by service providers, and is not sold or transferred to third parties for their own purposes.

The Site uses Google Analytics to measure visits in aggregate; form data is not sent to analytics. Data subjects may request access, correction or deletion by writing to info@xterraengine.com.

24. Termination

Either party may terminate the relationship if the other breaches an essential obligation and does not cure it within ten (10) business days after written notice.

Upon termination, the Client shall pay for the work done to date. The advance is non-refundable to the extent of work already performed, and Xterra Engine will deliver the paid Deliverables in their current state.

25. Communications

Communications and acceptances by email between the Client’s address and info@xterraengine.com are fully valid between the parties.

26. Amendments

Xterra Engine may update these Terms. New versions are published on this page with their date and apply to later Requests and Proposals. Each Request records the accepted version.

27. Governing law and jurisdiction

These Terms are governed by the laws of the Republic of Guatemala. The parties will seek in good faith to resolve any dispute for thirty (30) days; failing that, they submit to the competent courts of the department of Guatemala, waiving any other jurisdiction.

28. General provisions

If any provision of these Terms is held invalid, the others remain in effect. Failure to exercise a right is not a waiver of it. The Client may not assign its rights or obligations without Xterra Engine’s written consent.

29. Contact

For any question about these Terms: info@xterraengine.com, Guatemala City, Guatemala.