General Terms and Conditions of Service

https://lynxweb.dev/

I. Purpose and scope

These General Terms and Conditions of Service (hereinafter, «the Terms») govern the provision of the professional services offered by Oliver Calvo García, Spanish tax ID (NIF) 76421100N, trading under the name Lynx Devs, with address at C/ Washington Irving 2, Local 1, 18015 Granada (Spain), email [email protected] (hereinafter, «the provider»). Full identifying details are set out in the Legal Notice.

The Terms apply to all contracting of web design and development services, e-commerce (PrestaShop, Shopify), integrations and connectors, maintenance, web audits, SEO, SEM campaigns, cybersecurity, consultancy and training. They are deemed accepted by the client from the moment the client accepts a proposal or quotation from the provider.

This website has no online shop and no automated contracting: services cannot be ordered or paid for directly on the site. Every engagement is formalised through a prior individual proposal.

II. Contracting process

  1. Enquiry. The client contacts the provider through the web form, by email or by telephone and describes the requirement.
  2. Proposal. The provider issues a written quotation setting out the scope of work, deliverables, price, estimated timescale and payment terms. The quotation is valid for 30 calendar days from issue, unless it states otherwise.
  3. Acceptance. The contract is formed when the client expressly accepts the quotation (in writing, by email or by electronic signature) or pays the initial instalment set out in it.
  4. Delivery. The provider starts work once acceptance and, where applicable, the initial payment and the necessary materials and access credentials have been received.

In the event of any conflict, the terms agreed in the quotation or individual contract prevail over these Terms.

III. Prices and taxes

Service prices are set individually in each quotation, according to scope, and are expressed in euros (€). Unless expressly stated otherwise, prices are quoted excluding VAT, which will be charged on the invoice at the rate in force (currently 21 % for clients in Spain). For intra-Community transactions with businesses registered in the ROI, the reverse charge mechanism applies.

Unless expressly stated in the quotation, the price does not include third-party costs required for the project: domains, hosting, certificates, theme or module licences, paid third-party services, advertising spend on platforms (Google Ads, Meta and others) and payment gateways. Such costs are quoted separately or passed on at cost.

IV. Payment terms

Unless otherwise agreed in the quotation, projects are paid by way of a 50 % initial instalment on acceptance and the remaining 50 % on delivery, before going live. Recurring services (maintenance, support, campaign management) are invoiced in advance monthly, quarterly or annually, as agreed.

The usual payment methods are bank transfer and SEPA direct debit. Invoices fall due 15 calendar days from issue, unless another term is agreed.

Non-payment of a due invoice entitles the provider to suspend the services, after notifying the client, until the situation is remedied, without this constituting a breach of contract on the provider's part. Late-payment interest under Spanish Law 3/2004 on combating late payment in commercial transactions applies where the client is a business or professional.

V. Delivery timescales

Timescales stated in the quotation are estimates and run from acceptance and from the provider's receipt of all necessary materials, content, access credentials and approvals. Delays attributable to the client in supplying materials or approving milestones extend the timescale accordingly.

The provider is not liable for delays caused by force majeure, incidents affecting external hosting or service suppliers, or changes of scope requested by the client.

VI. Client obligations

  • Supply, in good time, the content, materials, access credentials and approvals required, and warrant that it holds the rights to the texts, images and trade marks it provides.
  • Appoint a contact person with decision-making authority and approve project milestones within a reasonable period.
  • Keep the credentials supplied confidential and report any security incident immediately.
  • Pay the agreed amounts within the established terms.

The client is responsible for the lawfulness of the content it publishes and for ensuring that its business and website comply with the regulations applicable to it.

VII. Changes of scope

Any feature, deliverable or task not expressly included in the accepted quotation is considered out of scope and requires an additional quotation, which the client must accept before the work is carried out.

VIII. Intellectual and industrial property

Once the full project fee has been paid, the client acquires the rights to use and exploit the deliverables developed specifically for it (bespoke designs, texts and configurations) for the purpose set out in the contract.

The following are excluded from that assignment: third-party software (CMS, themes, modules, libraries and frameworks), which is governed by its own licence; and the provider's pre-existing tools, methodologies, reusable components and technical know-how, which remain its property and are granted under a non-exclusive licence of use for the contracted project.

The client authorises the provider to include the project, its name and its logo in the provider's portfolio and commercial references, unless it states otherwise in writing.

IX. Confidentiality and data protection

Both parties undertake to keep confidential any information accessed in connection with the contractual relationship, both during its term and after it ends.

Where provision of the service involves the provider accessing personal data for which the client is the controller, the provider acts as data processor and the corresponding agreement under Article 28 of Regulation (EU) 2016/679 (GDPR) will be entered into. The provider's processing of the client's own data is governed by the Privacy Policy.

X. Warranty and support

The provider warrants the correction, at no cost, of development defects attributable to its work that are reported within 30 calendar days of project delivery.

Excluded from the warranty are: faults arising from changes made by the client or by third parties; incidents caused by third-party software, server or browser updates; attacks or intrusions; and requests for new features. Such matters are handled under a maintenance agreement or a specific quotation.

XI. Termination

Either party may terminate the contract for material breach by the other, following written notice and a 15-calendar-day period to remedy the breach.

If the client withdraws from the project once started, it shall pay for the work actually carried out up to that point; the initial instalment, which covers scheduling and preliminary analysis, is non-refundable. Recurring services may be cancelled on 30 calendar days' notice before the end of the current period.

XII. Right of withdrawal (consumers)

Where the client qualifies as a consumer under Spanish Royal Legislative Decree 1/2007 (TRLGDCU) and the contract has been concluded at a distance or off-premises, the client has 14 calendar days from conclusion of the contract to withdraw without giving reasons, by notifying [email protected].

Under Article 103 TRLGDCU, the right of withdrawal does not apply to services already fully performed where performance began with the consumer's prior express consent and acknowledgement that the right of withdrawal is lost once the contract has been performed, nor to goods or digital content made to the consumer's specifications or clearly personalised. If the consumer requests that performance begin within the withdrawal period and subsequently withdraws, the consumer shall pay the proportionate part of the service already provided.

The provider holds official complaint forms issued by the Regional Government of Andalusia at the disposal of consumers.

XIII. Liability

The provider's liability arising from the provision of the services is limited, save in cases of wilful misconduct or gross negligence and save where the law does not permit such limitation, to the amount actually paid by the client for the service giving rise to the damage. The provider is not liable for loss of profit, loss of data not attributable to its actions, or indirect or consequential damage.

The provider does not guarantee specific results in ranking, traffic, conversions or sales for SEO, SEM and digital marketing services, as these depend on third-party factors beyond its control, such as the algorithms and policies of search engines and advertising platforms.

XIV. Governing law and jurisdiction

These Terms are governed by Spanish law. For the resolution of any dispute, the parties submit to the jurisdiction of the Courts and Tribunals of the city of Granada (Spain), expressly waiving any other forum.

This submission does not apply where the client qualifies as a consumer, in which case the Court or Tribunal of the consumer's place of residence shall have jurisdiction.

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