Last Updated: November 8, 2025
These Terms of Service ("Terms") govern your use of data engineering consulting services provided by Jose Acosta ("Service Provider", "we", "us", or "our") through datawithjose.tech ("Website"). By engaging our services, you ("Client", "you", or "your") agree to be bound by these Terms.
We provide data engineering consulting services including but not limited to:
Services are delivered remotely unless otherwise agreed in writing. Specific deliverables, timelines, and milestones will be defined in a separate Statement of Work (SOW) or project agreement.
Client agrees to:
Service fees are specified in the SOW or project agreement. Unless otherwise stated:
Unless otherwise agreed:
Late payments may incur a fee of 1.5% per month (18% annually) or the maximum allowed by law, whichever is less. Service Provider reserves the right to suspend services for accounts more than 30 days overdue.
Client is responsible for reimbursing pre-approved expenses including cloud infrastructure costs, third-party software licenses, and other project-specific costs. Expenses will be itemized on invoices.
Upon full payment, Client owns all custom code, documentation, and deliverables created specifically for the project ("Work Product"). This excludes pre-existing materials and general methodologies.
Service Provider retains ownership of:
Work Product may include open-source or third-party components subject to their respective licenses. Client is responsible for compliance with such licenses.
Service Provider may use non-confidential aspects of the project (anonymized metrics, architecture patterns, general approach) for portfolio, marketing, and case study purposes unless explicitly prohibited in writing.
Both parties agree to maintain confidentiality of proprietary information disclosed during the engagement. Confidential Information includes business data, technical specifications, trade secrets, and any information marked as confidential.
Confidentiality obligations do not apply to information that:
Service Provider implements reasonable security measures to protect Client data. However, Client acknowledges that no system is completely secure and Service Provider is not liable for unauthorized access beyond our reasonable control.
Service Provider warrants that services will be performed in a professional and workmanlike manner consistent with industry standards. Work Product will substantially conform to specifications in the SOW for 30 days after delivery.
EXCEPT AS EXPRESSLY PROVIDED, SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Service Provider does not warrant that services will be uninterrupted, error-free, or meet all Client requirements. Client is responsible for testing and validating all deliverables before production deployment.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SERVICE PROVIDER'S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY CLIENT IN THE 12 MONTHS PRECEDING THE CLAIM, OR $10,000, WHICHEVER IS LESS.
IN NO EVENT SHALL SERVICE PROVIDER BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitations do not apply to liability arising from gross negligence, willful misconduct, or breach of confidentiality obligations.
Engagement begins on the effective date specified in the SOW and continues until completion of deliverables or termination per these Terms.
Either party may terminate with 14 days' written notice. Client remains responsible for:
Either party may terminate immediately if the other party:
Upon termination:
Service Provider is an independent contractor, not an employee or agent of Client. Service Provider is responsible for all taxes, insurance, and benefits.
These Terms are governed by the laws of the State of New York, USA, without regard to conflict of law principles. Any disputes will be resolved in the courts of New York County, New York.
Parties agree to attempt good-faith negotiation for 30 days before pursuing legal action. If negotiation fails, disputes may be submitted to binding arbitration under AAA Commercial Arbitration Rules, or pursued in court per Section 8.2.
These Terms, together with any SOW or project agreement, constitute the entire agreement between parties and supersede all prior agreements. Modifications must be in writing and signed by both parties.
If any provision is found unenforceable, the remaining provisions remain in full effect.
Neither party is liable for delays or failures due to circumstances beyond reasonable control, including natural disasters, war, terrorism, pandemics, or government actions.
Client may not assign these Terms without prior written consent. Service Provider may assign to an affiliate or in connection with a merger or acquisition.
All notices must be in writing and sent to the email addresses specified in the SOW or to datawithjose@outlook.com for Service Provider.
For questions about these Terms of Service, please contact:
Jose Acosta
Email: datawithjose@outlook.com
Website: datawithjose.tech
By engaging our services, signing a Statement of Work, or making payment, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.