Terms of Service

1. Agreement to These Terms

These Terms of Service (“Terms”) are an agreement between you and Tracy Jon N. Miranda (“TJ Miranda,” “I,” “me,” or “my”), an individual based in California, United States, who operates tjmiranda.com. By using this website, submitting the Inquiry Form, or booking a service, you agree to these Terms and to my Privacy Policy. If you do not agree, please do not use the website or services.

A written quote, statement of work, or booking confirmation (a “Confirmation”) may include additional terms for a specific service. If a Confirmation conflicts with these Terms, the Confirmation controls for that service.

2. Eligibility

You must be at least 18 years old and legally able to enter into a binding contract to book services. If you book on behalf of a business or another person, you confirm that you are authorized to do so. Minors may be passengers or delivery recipients only when a parent or legal guardian makes the booking.

3. Services & Bookings

I offer four services: Web Development (provided remotely worldwide), Airport Pickup & Drop-off at Manila International Airport (Ninoy Aquino International Airport, NAIA), Secret Services (discreet and confidential assistance in the Philippines), and Special Handling & Shipping of packages and documents within the Philippines.

• Service descriptions on this website are general information, not an offer. A booking is formed only when I issue a Confirmation and you accept it.
• Service availability depends on schedule, location, and capacity. I may decline any request for any lawful reason.
• Where applicable law requires a permit, franchise, accreditation, or license to perform part of a service, that part will be performed by or through persons or businesses holding the required authorization.

4. Payments, Cancellations & Refunds

• Pricing: Prices, currency (U.S. dollars or Philippine pesos), applicable taxes, deposits, and accepted payment methods are stated in your Confirmation. Quotes are valid for the period stated in them.
• Deposits and payment timing: Some services require a deposit or full prepayment before they are scheduled. Web development projects may be billed in milestones.
• Cancellations by you: Cancellation and rescheduling deadlines, and any fees, are stated in your Confirmation. If no terms are stated, you may cancel for a full refund of prepaid amounts at any time before I have started performing or incurred costs on your behalf; after that, you pay for work performed and costs reasonably incurred.
• Cancellations by me: If I cancel a booking for reasons other than your breach of these Terms, I will refund all prepaid amounts for services not performed.
• Refund method: Refunds are issued to the original payment method where possible, within a reasonable time.
• Disputed charges: Please contact me first so we can try to resolve the issue quickly. This does not limit any rights you have with your bank or card issuer.

5. Web Development

• Scope: Deliverables, timelines, revision rounds, and pricing are defined in the Confirmation. Work outside the agreed scope may be quoted separately.
• Your content: You are responsible for the text, images, logos, and other materials you provide, and you confirm you have the rights to use them. You grant me a license to use them only to build and maintain your website.
• Ownership: Upon full payment, you own the custom design and code created specifically for your project. I retain ownership of my pre-existing tools, code libraries, and know-how, and grant you a non-exclusive, perpetual license to use them as part of your website.
• Third-party components: Themes, plugins, fonts, frameworks, hosting, and domains remain subject to their own licenses and terms, and any fees for them are your responsibility unless otherwise stated.
• Access credentials: Share credentials only through a secure method agreed with me. You should change passwords after the project or maintenance agreement ends.
• Portfolio: I may display completed public work in my portfolio unless you ask me not to or we have signed a non-disclosure agreement.
• No guarantees on third-party results: I do not guarantee search engine rankings, traffic, sales, or the uptime of third-party hosting providers.

6. Airport Pickup & Drop-off

• Booking details: You must provide accurate flight numbers, dates, times, addresses, and the number of passengers and bags. I am not responsible for missed pickups or flights caused by inaccurate or late information.
• Timing: Pickup times for departures are set with you in the Confirmation. Please allow ample time for traffic, check-in, and airport security. For arrivals, flights are monitored and pickups are adjusted for delays; waiting time beyond what is included in your Confirmation may be charged.
• Delays: Travel times in Metro Manila can be affected by traffic, weather, road closures, and airport operations. I will make reasonable efforts to arrive on time but am not liable for delays caused by events beyond my reasonable control.
• Passenger conduct: Passengers must follow the driver’s safety instructions, wear seatbelts, and comply with the law. Smoking, vaping, illegal substances, and abusive or unsafe behavior are not allowed, and service may be ended without refund if these rules are broken.
• Children: Children must travel with an adult, and child car restraint systems must be used as required by Philippine law. Please request a child seat when booking.
• Luggage and belongings: Luggage must fit safely in the booked vehicle. Passengers are responsible for their belongings; I will make reasonable efforts to return items left behind.
• No-shows: If a passenger cannot be reached and does not appear within the waiting time in the Confirmation, the booking may be treated as a no-show and charged as stated in the Confirmation.

7. Secret Services

“Secret Services” is the name of my discreet, confidential assistance service. It is a private service and is not affiliated with, endorsed by, or acting on behalf of any government agency, including the United States Secret Service or any Philippine government office.

• Lawful use only: Requests must be for lawful purposes. I will not accept, and may immediately stop, any request that involves:
  • surveillance, tracking, monitoring, or following of any person, or collecting personal information about someone without a lawful basis;
  • private investigation, detective work, or armed or unarmed security or bodyguard services that require a license under the Private Security Services Industry Act (Republic Act No. 11917) or other laws;
  • harassment, stalking, threats, intimidation, or violence;
  • trespassing, accessing property or accounts without permission, or obtaining documents you are not entitled to;
  • impersonating any person, official, or authority, or using false identities;
  • transporting or handling prohibited items, or helping anyone evade law enforcement, courts, or legal obligations; or
  • anything that is fraudulent, deceptive, or otherwise illegal in the Philippines, the United States, or where the service is performed.
• Confidentiality: I will keep the details of your request confidential and share them only with people you authorize or who are needed to perform the service. Confidentiality does not apply where disclosure is required by law, a valid legal order, or to prevent serious harm or a crime.
• Non-disclosure agreements: A mutual NDA may be signed on request.
• Your representations: You confirm that you have the legal right to request the service, including any authority over property, documents, or appointments involved.
• No guaranteed outcomes: I will perform services with reasonable care and skill, but I cannot guarantee a particular result that depends on third parties.

8. Special Handling & Shipping

• Coverage: Deliveries are made within the Philippines only. International shipping and customs clearance are not offered.
• Accurate declarations: You must accurately describe the contents and value of each shipment and provide complete sender and recipient details.
• Prohibited items: I do not accept illegal drugs and controlled substances; firearms, ammunition, parts, and replicas; explosives and fireworks; flammable, toxic, corrosive, radioactive, or other hazardous materials; cash, coins, and negotiable instruments; counterfeit or pirated goods; stolen property; live animals and plants; human or animal remains; perishable food; pornographic materials; and any item prohibited or restricted by Philippine law, by the carrier, or by these Terms.
• Inspection and refusal: I may inspect any shipment, in your presence where practical, and may refuse or stop any shipment that appears prohibited, unsafe, or misdeclared. Where the law requires it, prohibited items may be reported and turned over to the proper authorities.
• Packaging: You are responsible for adequate packaging unless special packaging is included in your Confirmation.
• Third-party carriers: Some deliveries may be completed through licensed carriers, whose terms and coverage limits may also apply.
• Delivery: Delivery is complete when the item is handed to the recipient, someone at the delivery address who accepts it, or as otherwise instructed by you, with proof of delivery. If delivery cannot be completed, the item may be returned to you at your cost.
• Documents: I handle documents securely but am not responsible for their content, accuracy, validity, or acceptance by the receiving party or any government office.
• Loss or damage: Report damage within 7 days of delivery, and non-delivery within 30 days of the expected delivery date, with supporting details. To the extent permitted by law, liability for loss of or damage to a shipment is limited to the lowest of (a) its declared value, (b) the actual cost of repair or replacement, or (c) any maximum coverage stated in your Confirmation. If you did not declare a value, liability is limited to the fees you paid for that shipment. Additional coverage may be arranged where available.

9. Your Responsibilities

• Provide information that is accurate, current, and complete, and update it if it changes.
• Use the services only for lawful purposes and in line with these Terms.
• Obtain any consents needed to share information about other people with me.
• Treat me, my partners, and other people with respect.

10. Use of This Website

You may use this website for personal and business purposes related to learning about and requesting my services. You agree not to: attempt to gain unauthorized access to the website or its hosting; introduce malware; send spam or automated submissions through the Inquiry Form; scrape content in bulk; or use the website in any way that violates the law or the rights of others.

11. Intellectual Property

All original content, graphics, and structure on this website are the intellectual property of TJ Miranda unless otherwise noted, and are protected by copyright and other laws. You may not copy, reproduce, or distribute them without permission, except as allowed by law. Trademarks and logos of third parties belong to their owners.

12. Third-Party Services

This website is hosted on GitHub Pages, uses Formspree to deliver Inquiry Form submissions, may use WhatsApp to communicate with you, and links to third-party websites such as GitHub, Facebook, LinkedIn, and my project sites. I am not responsible for the content, policies, or practices of third-party services, and your use of them is subject to their terms.

13. Disclaimers

I will perform services with reasonable care and skill. Except as stated in these Terms or a Confirmation, and to the fullest extent permitted by law, this website and its content are provided “as is” and “as available,” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Information on this website is general and is not legal, financial, or professional advice.

Nothing in these Terms excludes or limits any warranty, guarantee, or right that cannot be excluded or limited under applicable law.

14. Limitation of Liability

To the fullest extent permitted by law:

• I am not liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or opportunities, arising from your use of the website or services.
• My total liability for any claim relating to a service is limited to the amount you paid for that service, and for claims relating to the website alone, to USD $100. Shipment claims are subject to the specific limits in Section 8.

These limits do not apply to liability that cannot be limited by law, including liability for fraud, gross negligence, willful misconduct, violation of law, or death or personal injury caused by negligence (see, for example, California Civil Code § 1668).

15. Indemnification

To the extent permitted by law, you agree to indemnify and hold me harmless from claims, losses, and reasonable costs (including legal fees) arising from your breach of these Terms, your unlawful use of the services, prohibited or misdeclared items you ship, inaccurate information you provide, or content you supply that infringes someone else’s rights. This does not apply to the extent the loss was caused by my own fault.

16. Events Beyond My Control

I am not responsible for delays or failures caused by events beyond my reasonable control, including typhoons, floods, earthquakes and other natural disasters, extreme traffic or road closures, airport or airline disruptions, strikes, power or internet outages, epidemics, government orders, and civil unrest. If such an event prevents a booked service, we will work together to reschedule, or I will refund prepaid amounts for services not performed.

17. Governing Law & Disputes

• Talk to me first: If you have a concern, please contact me through the Inquiry Form. We will both try in good faith to resolve it informally within 30 days.
• Governing law: These Terms are governed by the laws of the State of California, United States, without regard to its conflict-of-law rules, except that mandatory laws of the place where a service is performed (such as the Philippines) apply to that service.
• Where claims are brought: Disputes not resolved informally may be brought in the state or federal courts located in Kings County, California, or in small claims court where eligible.
• Consumers: If you are a consumer, nothing in this section removes the protection of mandatory consumer laws of your country or state of residence, or your right to bring a claim in the courts where you live when those laws give you that right.

18. Consumer Rights by Region

California

Under California Civil Code § 1789.3, California users are entitled to the following notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

European Union, EEA, and United Kingdom

If you are a consumer in these regions, you generally have a 14-day right to cancel a distance contract for services from the day the contract is concluded. If you ask me to begin a service within that period, you will pay for the portion performed before you cancel, and you lose the right to cancel once the service has been fully performed with your prior express request and acknowledgment. Services tied to a specific date or period, such as a scheduled transport booking, may be exempt where local law allows.

Philippines

Nothing in these Terms limits your rights under the Consumer Act of the Philippines (Republic Act No. 7394), the Internet Transactions Act of 2023 (Republic Act No. 11967), or other applicable Philippine laws.

Everywhere else

If you live in another country, you keep any rights you have under the mandatory consumer protection laws of that country.

19. General Terms

• Suspension and termination: I may suspend or end services or access to the website if you breach these Terms or use them unlawfully. Sections that by their nature should survive termination will survive.
• Changes: I may update these Terms. The “last updated” date shows the latest version. Changes do not apply to bookings already confirmed unless you agree.
• Entire agreement: These Terms, the Privacy Policy, and any Confirmation are the entire agreement between us about their subject matter.
• Severability: If any provision is found unenforceable, the rest remains in effect, and the provision will be enforced to the fullest extent permitted.
• No waiver: Not enforcing a provision is not a waiver of the right to enforce it later.
• Assignment: You may not transfer your rights under these Terms without my consent. I may assign them in connection with a transfer of my business, with notice to you.
• Language: These Terms are written in English. If they are translated, the English version controls to the extent permitted by law.

20. Contact

Questions about these Terms? Use the Inquiry Form. See also the Privacy Policy and FAQs.