Terms and conditions

Last Updated: May 21, 2025

Welcome to Trydigama! These Terms of Service ("Terms") govern your access to and use of the web design, development, SEO, performance optimization, hosting, maintenance, and other related services (collectively, the "Services") provided by Bruno Quagliata, operating as Trydigama ("Trydigama", "we", "us", or "our"). Our principal place of business is in Montevideo, Uruguay.

By engaging Trydigama for Services, signing a proposal, or otherwise indicating your acceptance, you ("Client", "you", "your") agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our Services.

Please read these Terms carefully. They contain important information about your legal rights, remedies, and obligations.

1. Description of Services

Trydigama offers a comprehensive suite of web solutions designed to enhance your online presence and business performance. Our Services include, but are not limited to:

• Custom Web Design and Development: Crafting unique, responsive websites tailored to your specific business needs and brand identity. This includes front-end and back-end development, ensuring optimal performance across all devices (desktops, tablets, and mobiles). We build websites from scratch, avoiding generic templates, often based on designs provided by you or your designated design team (e.g., Figma files).
• Search Engine Optimization (SEO): Implementing foundational and ongoing SEO strategies to improve your website's visibility in search engine results, attract organic traffic, and enhance online discoverability. This includes keyword research, on-page optimization, technical SEO, metadata optimization, and ensuring proper indexing by search engines like Google.
• Website Performance Optimization: Focusing on creating ultra-fast loading websites, aiming for high scores on performance metrics like Google PageSpeed Insights. This enhances user experience, reduces bounce rates, and positively impacts SEO and conversion rates.
• Hosting and Maintenance: Providing secure and reliable website hosting services. Our basic maintenance package typically includes regular monitoring, security updates (where applicable to our provisioned services), and technical support for the smooth operation of your website and its integrated features.
• Content Management Systems (CMS): Developing websites with user-friendly CMS capabilities, including options for self-managed blogs, allowing you to update content as needed.
• E-commerce Solutions: Designing and developing online stores with secure payment gateway integrations, product management, and order processing functionalities (if specifically agreed upon in a proposal).
• Third-Party Integrations: Integrating various tools and platforms such as Google Analytics, Google Maps, social media feeds, WhatsApp chat buttons, and other APIs as required for your project.
• Consultation and Strategy: Providing expert advice and strategic planning for your digital presence.

The specific scope of Services, deliverables, timelines, and pricing for your project will be detailed in a separate written proposal or statement of work ("Proposal") provided by Trydigama and agreed upon by you. These Terms are incorporated by reference into any Proposal. In the event of a conflict between these Terms and a Proposal, the terms of the Proposal shall prevail for that specific project.

2. Client Obligations and Responsibilities

To enable us to provide our Services effectively, you agree to the following:

• Provision of Information and Materials: You will provide Trydigama in a timely manner with all necessary information, content (text, images, videos, logos, etc.), branding guidelines, and other materials ("Client Content") required for the project. You warrant that you own or have obtained all necessary rights, licenses, and permissions for any Client Content provided to us.
• Accuracy of Information: You are responsible for the accuracy, completeness, and legality of all Client Content and information provided to Trydigama.
• Timely Feedback and Approvals: You will provide timely feedback, reviews, and approvals as requested by Trydigama to ensure the project progresses according to the agreed schedule. Delays in providing feedback or approvals may impact project timelines and potentially incur additional costs.
• Access: You will grant Trydigama necessary access to your existing website, hosting accounts, domain registrar, social media accounts, third-party service accounts, and other systems as required for the performance of the Services.
• Compliance with Laws: You are solely responsible for ensuring that your website, its content, and your business operations comply with all applicable laws, regulations, and industry standards, including but not limited to data privacy laws (e.g., GDPR, CCPA), accessibility standards, and e-commerce regulations.
• Domain Name and SSL Certificate: Unless otherwise agreed in the Proposal, you are responsible for registering and maintaining your domain name(s) and procuring and renewing SSL certificates. Trydigama can assist with the technical setup and configuration if requested.
• Third-Party Services: If the project involves integration with third-party services (e.g., payment gateways, CRMs, analytics tools), you are responsible for creating and maintaining your accounts with these services and complying with their terms of use and privacy policies. You are also responsible for any fees associated with these third-party services.

3. Project Process

Our typical project lifecycle includes the following phases:

• Discovery and Proposal: We begin by understanding your requirements, business goals, and target audience. Based on this, we will provide a detailed Proposal outlining the scope of work, deliverables, timeline, and costs.
• Design Phase: For projects involving custom design, we (or your designated designer) will create mockups or prototypes. You will have the opportunity to review and provide feedback on the design concepts. We typically allow for a specified number of revision rounds as outlined in the Proposal. Your approval of the final design is required before development commences.
• Development Phase: Upon design approval, Trydigama will proceed with the development of the website, coding, and implementation of features as per the agreed specifications.
• Content Integration: We will integrate the Client Content you provide into the website structure.
• Testing and Quality Assurance: We conduct thorough testing on various browsers and devices to ensure functionality, responsiveness, and performance.
• Client Review and Revisions: You will have the opportunity to review the developed website and request revisions. The number of revision rounds and the scope of revisions will be as specified in the Proposal. Revisions outside the original scope may be subject to additional charges.
• Launch/Deployment: Upon your final approval, Trydigama will deploy the website to the agreed-upon hosting environment and assist with the launch process. This includes configuring DNS settings if we manage your hosting or if agreed upon.
• Post-Launch Support: We typically provide a limited period of post-launch support (e.g., 30 days) to address any bugs or technical issues directly attributable to our development work, as specified in the Proposal.

4. Pricing, Payment Terms, and Invoicing

• Project Fees: The total cost for the Services will be outlined in the Proposal. This may include a one-time fee for development and setup, and recurring fees for ongoing services like hosting and maintenance.
• Payment Schedule:
  • For project-based work, payment terms will be specified in the Proposal. This may involve an upfront deposit, milestone payments, or full payment upon completion and prior to launch. For example, a common structure for a standard website development project might be a one-time fee payable upon project completion.
  • For recurring services (e.g., hosting, content update packages), payments are typically due monthly in advance, unless otherwise stated in the Proposal.
• Invoicing: Invoices will be sent electronically to the email address you provide. Payment is due within the timeframe specified on the invoice (e.g., 15 or 30 days).
• Late Payments: Payments not received by the due date may incur a late fee (e.g., 1.5% per month on the outstanding balance) or result in suspension or termination of Services, including website hosting.
• Expenses: You agree to reimburse Trydigama for any pre-approved out-of-pocket expenses incurred in connection with the Services (e.g., purchase of premium stock photography, specific plugins not included in the standard offering).
• Taxes: All fees are exclusive of any applicable taxes (e.g., VAT, sales tax), which will be added to your invoice as required by law. As Trydigama is based in Uruguay, specific tax implications will be handled according to Uruguayan law and any applicable international tax treaties.
• Changes in Scope: If you request changes or additional work outside the scope of the original Proposal, Trydigama will provide a separate quote for the additional Services. Such work will only commence upon your written approval of the new quote.

5. Intellectual Property Rights

• Client Content: You retain all ownership rights to the Client Content you provide to us. You grant Trydigama a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, display, and publish the Client Content solely for the purpose of providing the Services.
• Developed Website: Upon full and final payment for the Services, Trydigama grants you full ownership of the final, assembled website design and the custom-developed code specifically created for your project ("Final Deliverables").
• Trydigama's Pre-existing IP and Tools: Trydigama retains all ownership rights to its pre-existing intellectual property, including but not limited to its proprietary software, code libraries, tools, methodologies, and know-how ("Trydigama IP") used in connection with the Services. To the extent Trydigama IP is incorporated into the Final Deliverables, Trydigama grants you a non-exclusive, perpetual, worldwide, royalty-free license to use such Trydigama IP solely as part of the website delivered to you. You may not extract, reproduce, distribute, or create derivative works from Trydigama IP independently of the Final Deliverables.
• Third-Party Materials: Any third-party materials, such as stock photos, fonts, themes, or plugins, used in the project will be subject to their respective licenses. You are responsible for complying with such licenses and for any associated fees, unless otherwise specified in the Proposal. Trydigama will inform you of any such third-party materials and their licensing terms.
• Portfolio Rights: Unless otherwise agreed in writing, Trydigama reserves the right to display and showcase your completed project (e.g., screenshots, a brief description, and a link to the live website) in our portfolio, marketing materials, and on our website for promotional purposes. We will honor any reasonable requests for confidentiality regarding specific aspects of the project.

6. Hosting and Maintenance Services (If Applicable)

If you subscribe to Trydigama's hosting and/or maintenance services, the following terms apply:

• Hosting: We will provide web hosting services as specified in the Proposal. While we strive for high uptime and reliability, we do not guarantee uninterrupted service, as hosting is subject to factors beyond our direct control (e.g., third-party data center issues, internet connectivity).
• Basic Maintenance: Our basic maintenance package typically includes:
  • Secure website hosting.
  • Regular monitoring for uptime and basic security.
  • Support for integrated features initially set up by Trydigama (e.g., Google Maps, Analytics, WhatsApp button functionality).
• Content Update Packages: If you opt for a content update package, this covers a specified amount of time or number of updates for text, images, or minor section adjustments on existing pages. The exact scope will be defined in the Proposal. Requests exceeding this scope may be billed at an agreed-upon hourly rate.
• Exclusions from Maintenance: Maintenance services do not typically include:
  • Major website redesigns or new feature development.
  • Extensive custom coding or development beyond minor fixes.
  • Content creation (unless specifically agreed).
  • SEO services beyond initial setup (unless an ongoing SEO service package is purchased).
  • Resolution of issues caused by third-party plugins or software not installed or recommended by Trydigama, or issues arising from client modifications to the website code.
  • Data entry or extensive product updates for e-commerce sites (unless specified).
• Data Backups: While Trydigama may perform routine backups for hosting clients, you are ultimately responsible for maintaining your own backups of your website data and content. We recommend you implement your own backup strategy.
• Fair Use Policy: For shared hosting environments, a fair use policy may apply to resource usage (CPU, memory, bandwidth) to ensure service quality for all clients. Excessive usage may require an upgrade to a more suitable hosting plan.

7. Warranties and Disclaimers

• Service Warranty: Trydigama warrants that the Services will be performed in a professional and workmanlike manner, consistent with industry standards. For website development projects, we typically offer a warranty period (e.g., 30-90 days from launch, as specified in the Proposal) during which we will correct, at no additional charge, any defects or errors in the custom code or functionality developed by Trydigama ("Bugs"). This warranty does not cover issues arising from:
  • Modifications made to the website by you or any third party not authorized by Trydigama.
  • Problems caused by third-party software, plugins, or hosting environments not managed by Trydigama.
  • Misuse or improper operation of the website by you.
  • Changes in technology or browser compatibility that occur after the warranty period.
• Disclaimer of Other Warranties: EXCEPT FOR THE EXPRESS WARRANTIES STATED HEREIN, THE SERVICES AND DELIVERABLES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TRYDIGAMA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
• No Guarantee of Specific Results: While Trydigama strives to deliver high-quality Services, we do not guarantee any specific business outcomes, increase in traffic, sales, search engine rankings, or other results from the use of our Services. SEO and marketing success depend on various factors beyond our control, including market competition, search engine algorithm changes, and your ongoing content and marketing efforts.
• Third-Party Services: Trydigama is not responsible for the performance, availability, or terms of service of any third-party services, platforms, or tools integrated with your website (e.g., payment gateways, social media platforms, hosting providers if not managed by us).

8. Limitation of Liability

• Indirect Damages: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRYDIGAMA, ITS OWNER, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES OR DELIVERABLES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TRYDIGAMA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
• Direct Damages: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRYDIGAMA'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO TRYDIGAMA FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
• Basis of the Bargain: YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND TRYDIGAMA AND ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND TRYDIGAMA.

9. Term and Termination

• Term: These Terms shall commence upon your acceptance (as described above) and shall continue until the Services are completed and all obligations are fulfilled, or until terminated as provided herein. For ongoing recurring services (like hosting and maintenance), the term will renew automatically (e.g., monthly or annually as per the service agreement) unless terminated by either party with sufficient notice.
• Termination by Client:
  • You may terminate an ongoing recurring Service by providing Trydigama with at least thirty (30) days written notice prior to the end of the then-current service term.
  • For project-based Services, you may terminate the project at any time by providing written notice. In such an event, you will be responsible for payment for all work performed and expenses incurred by Trydigama up to the date of termination, plus any applicable early termination fees as may be specified in the Proposal.
• Termination by Trydigama: Trydigama may terminate these Terms or suspend Services, in whole or in part, by providing written notice to you if:
  • You fail to make any payment when due and such failure continues for a specified period (e.g., 15 days) after receiving notice of non-payment.
  • You breach any material term of these Terms or the Proposal and fail to cure such breach within a specified period (e.g., 10 days) after receiving notice of the breach.
  • You become insolvent, file for bankruptcy, or cease business operations.
  • Trydigama, in its reasonable discretion, believes your conduct may be harmful to its business, reputation, or other clients.
• Effects of Termination: Upon termination:
  • Trydigama will cease providing the Services.
  • You will pay Trydigama any outstanding fees for Services rendered and expenses incurred up to the effective date of termination.
  • Trydigama will, upon your request and payment of any outstanding fees, provide you with a copy of the website files and any Client Content in its possession, subject to the intellectual property provisions herein. Specifics regarding data handover for hosting clients will be managed on a case-by-case basis, with reasonable cooperation from Trydigama.
  • Provisions of these Terms that by their nature should survive termination (including, but not limited to, intellectual property, confidentiality, warranties, disclaimers, limitation of liability, governing law, and dispute resolution) shall survive.

10. Confidentiality

• Confidential Information: Each party ("Receiving Party") may receive or have access to confidential or proprietary information of the other party ("Disclosing Party"), including but not limited to business plans, financial information, client lists, trade secrets, technical data, and project details ("Confidential Information").
• Obligations: The Receiving Party agrees to:
  • Use the Confidential Information solely for the purposes of performing its obligations under these Terms and any Proposal.
  • Maintain the Confidential Information in strict confidence and take all reasonable precautions to protect its confidentiality, using at least the same degree of care as it uses to protect its own confidential information of a similar nature, but in no event less than a reasonable degree of care.
  • Not disclose Confidential Information to any third party without the prior written consent of the Disclosing Party, except to its employees, contractors, or agents who have a need to know such information for the purposes of these Terms and who are bound by confidentiality obligations no less restrictive than those contained herein.
• Exclusions: Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the Receiving Party; (b) was rightfully in the Receiving Party's possession prior to disclosure by the Disclosing Party; (c) is independently developed by the Receiving Party without reference to the Disclosing Party's Confidential Information; or (d) is rightfully obtained by the Receiving Party from a third party without a breach of any confidentiality obligation.
• Required Disclosure: If the Receiving Party is required by law, regulation, or court order to disclose any Confidential Information, it shall, to the extent legally permissible, provide the Disclosing Party with prompt written notice of such requirement to allow the Disclosing Party to seek a protective order or other appropriate remedy.

11. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations hereunder (other than payment obligations) if such failure or delay is caused by events beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, labor disputes, strikes, natural disasters, epidemics, pandemics, internet service provider failures or delays, denial of service attacks, or governmental actions ("Force Majeure Event"). The affected party shall provide prompt written notice to the other party of the Force Majeure Event and shall use reasonable efforts to resume performance as soon as practicable.

12. Governing Law and Dispute Resolution

• Governing Law: These Terms and any dispute arising out of or in connection with them or the Services shall be governed by and construed in accordance with the laws of Uruguay, without regard to its conflict of law principles.
• Amicable Resolution: The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, through good faith negotiations for a period of at least thirty (30) days.
• Jurisdiction: If the parties are unable to resolve the dispute through negotiation, any legal action or proceeding arising under these Terms will be brought exclusively in the competent courts located in Montevideo, Uruguay, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.

13. Amendments to Terms

Trydigama reserves the right to modify or update these Terms at any time in its sole discretion. If we make material changes to these Terms, we will provide notice through our website or by other means (e.g., email to clients with active projects or ongoing services) to provide you the opportunity to review the changes before they become effective. Your continued use of our Services after the effective date of such changes constitutes your acceptance of the amended Terms. If you do not agree to the amended Terms, you must notify us and cease using our Services.

14. Independent Contractor

Trydigama is an independent contractor, and nothing in these Terms shall be construed as creating an employer-employee relationship, partnership, joint venture, or agency relationship between Trydigama and the Client. Neither party has the authority to bind the other party or incur obligations on its behalf without the other party's prior written consent.

15. Notices

All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a "Notice") must be in writing and addressed to the parties at the addresses set forth in the Proposal or to such other address that may be designated by the receiving party in writing. All Notices must be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), or email (with confirmation of transmission).

16. Entire Agreement

These Terms, together with any Proposal(s) agreed upon by the parties and our Privacy Policy, constitute the entire agreement between Trydigama and the Client with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services.

17. Severability

If any term or provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or provision is invalid, illegal, or unenforceable, the parties shall negotiate in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible.

18. Waiver

No waiver by either party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

19. Assignment

You may not assign any of your rights or delegate any of your obligations under these Terms without the prior written consent of Trydigama. Any purported assignment or delegation in violation of this section is null and void. Trydigama may assign its rights or delegate its obligations under these Terms without your consent, for example, in connection with a merger, acquisition, or sale of all or substantially all of its assets.

20. Contact Information

If you have any questions or concerns about these Terms of Service, please contact us:

• Email: bruno.quagliata@gmail.com

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