Terms of Service

1. Acceptance of Terms

These Terms govern your access to and use of the services provided by Ahmad Berahman (“Berahman,” “we,” “us,” or “our”), a sole trader (autónomo) based in Barcelona, Spain. By engaging our services, signing a proposal or statement of work, or otherwise using this website, you (the “Client”) agree to be bound by these Terms. If you do not agree, you must not use our services.

2. Description of Services

Berahman is a software agency providing professional technical services to businesses, including:

• Custom software development, including web application and API development;
• Cloud hosting, infrastructure architecture, and ongoing environment management;
• The staffing and coordination of distributed engineering teams; and
• Related technical consulting and advisory services.

The specific services to be delivered are defined in the applicable proposal, statement of work, or order form agreed between the parties (each, an “Engagement”).

3. Engagement & Scope of Work

Each Engagement begins with a written proposal or statement of work describing the deliverables, timeline, assumptions, and fees. Work is limited to the scope expressly stated in that document. Any change to scope, timeline, or deliverables (a “Change Request”) must be agreed in writing and may result in adjustments to fees and schedule. Estimates are provided in good faith and are not guarantees of a fixed final cost unless expressly stated as a fixed-fee Engagement.

4. Fees, Invoicing & Payment

Unless otherwise stated in the applicable Engagement:

• Fees are quoted and payable in EUR and are exclusive of any applicable VAT or other taxes, which will be added where required by law.
• Invoices are payable within 14 days of the invoice date.
• Recurring services, retainers, and subscriptions are billed in advance on the agreed cycle and, where paid by card, may be charged automatically to your payment method on each renewal date.
• Late payments may accrue statutory interest and reasonable recovery costs as permitted under applicable Spanish and EU law, and we may suspend services for overdue accounts after reasonable notice.

Card and online payments are processed by our third-party payment provider, Stripe (Stripe Payments Europe, Ltd.); by paying, you also agree to Stripe’s applicable terms. We do not store your full payment card details.

5. Refunds & Cancellations

Our refund and cancellation policy is as follows:

• Services already performed. Fees for professional services already rendered, and for work in progress up to the effective date of cancellation, are non-refundable, as they reflect time and resources already committed.
• Cancellation by the Client. You may cancel an Engagement with written notice. You remain responsible for all fees accrued and non-cancellable third-party costs incurred up to the cancellation date.
• Prepaid, unused amounts. Where you have prepaid for services that have not yet been performed, we will refund the unused, undelivered portion, less any non-recoverable costs, within 14 days of the cancellation.
• Recurring plans. You may cancel a recurring plan before the next renewal to avoid the following charge; already-started billing periods are non-refundable unless required by law.
• How to request. To cancel or request a refund, contact us at hello@berahman.me.

This policy does not affect any non-waivable statutory rights you may have under applicable consumer or commercial law.

6. Client Responsibilities

To enable us to deliver the services, you agree to:

• Provide timely, accurate, and complete information, materials, access, and approvals;
• Designate an authorized point of contact empowered to make decisions and sign off on deliverables;
• Ensure you hold all rights and licenses necessary for any content, data, or third-party assets you supply to us; and
• Comply with all applicable laws in your use of the deliverables and services.

Delays or failures caused by the Client may affect timelines and fees, for which Berahman is not responsible.

7. Intellectual Property & Deliverables

Except as otherwise agreed in writing, upon full payment of all applicable fees, Berahman assigns or licenses to the Client the intellectual property rights in the bespoke deliverables created specifically for the Client under an Engagement. Berahman retains ownership of its pre-existing materials, tools, frameworks, know-how, and any general-purpose components, and grants the Client a non-exclusive license to use such materials to the extent necessary to use the deliverables. Third-party and open-source components remain subject to their own licenses.

8. Confidentiality

Each party may receive confidential information of the other. Both parties agree to use the other’s confidential information solely to perform under the Engagement, to protect it with reasonable care, and not to disclose it to third parties except to personnel and subcontractors bound by comparable obligations, or as required by law. These obligations survive termination of the Engagement.

9. Third-Party Services & Cloud Providers

Our services may rely on third-party platforms and cloud providers (such as AWS, Google Cloud Platform, and DigitalOcean) as well as other tools and libraries. Such services are governed by their own terms and service levels, over which Berahman has no control. We are not liable for outages, changes, price changes, or discontinuation of third-party services. Where third-party fees are incurred on your behalf, they are your responsibility unless otherwise agreed.

10. Warranties & Disclaimers

We warrant that services will be performed in a professional and workmanlike manner consistent with generally accepted industry standards. Except for this express warranty, and to the maximum extent permitted by law, the services and deliverables are provided “as is” and “as available,” and we disclaim all other warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the deliverables will be uninterrupted or error-free.

11. Limitation of Liability

To the maximum extent permitted by applicable law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or business opportunities. Berahman’s total aggregate liability arising out of or related to an Engagement will not exceed the total fees paid by the Client to Berahman for that Engagement in the three (3) months preceding the event giving rise to the claim. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including for fraud, willful misconduct, or death or personal injury caused by negligence.

12. Term & Termination

These Terms apply for the duration of each Engagement. Either party may terminate an Engagement for material breach that remains uncured for 15 days after written notice, or immediately if the other party becomes insolvent. Upon termination, the Client will pay for all services performed and non-cancellable costs incurred up to the termination date. Provisions that by their nature should survive termination — including confidentiality, intellectual property, disclaimers, and limitation of liability — will survive.

13. Governing Law & Jurisdiction

These Terms and any Engagement are governed by the laws of Spain and applicable European Union law, without regard to conflict-of-laws principles. Subject to any mandatory rules that apply to you, the parties submit to the exclusive jurisdiction of the competent courts of Catalonia, Spain, for the resolution of any dispute arising out of or in connection with these Terms.

14. Changes to These Terms

We may update these Terms from time to time. The current version will always be posted on this page with the “Last updated” date above. Material changes will take effect on the date stated; your continued use of our services after that date constitutes acceptance of the revised Terms. For active Engagements, the version in force at the time the Engagement was agreed will continue to apply unless the parties agree otherwise.

15. Contact

Questions about these Terms can be directed to:

• Berahman — Ahmad Berahman (sole trader / autónomo)
• Email: hello@berahman.me
• Address: Barcelona, Spain