1. Service Provider Identification
These General Terms and Conditions govern the commercial procurement and provision of digital services offered by Alejandro Briz Catalán (hereinafter, "the Provider"), operating under Spanish Tax Identification Number (NIF) 48499761-Y, with registered professional address at C/ Nuestra Señora de los Caballeros 34, 39574 Frama, Cantabria, Spain.
Contact email: hola@alejandrobriz.es · Telephone: +34 629 671 944.
2. Scope and Contract Formation
This contractual agreement governs the delivery of professional digital services, including bespoke website development, high-performance web architecture, technical maintenance plans, search engine optimization (SEO), and specialized engineering consulting.
Contractual formalization takes effect upon the occurrence of either of the following events: (a) execution of online payment for the contracted service tier, or (b) written or electronic approval/signature of the customized commercial proposal or quote provided to the Client. Either action constitutes unreserved and full acceptance of these Terms and Conditions.
3. Nature of Services and Performance Obligations
All contracted services represent obligations of means and diligent professional execution (arrendamiento de servicios), not obligations of specific commercial result. Given that commercial success, search engine rankings (Google/Bing/AI engines), algorithmic updates, conversion rates, and turnover depend upon volatile external market variables, third-party platform policies, and client operational dynamics, the Provider cannot guarantee specific search ranking positions or financial returns.
4. Pricing, Currency, and Applicable Taxes
Unless expressly stated otherwise in writing on the specific landing page or invoice proposal, all retail consumer prices displayed on the website include Value Added Tax (VAT / IVA) at the statutory rate applicable in Spain (currently 21%).
In customized quotes and corporate invoices issued to companies and independent professionals (B2B), prices are presented indicating the taxable base (net amount), applicable VAT, and required personal income tax withholding (IRPF) where applicable under Spanish tax law. For intra-community EU business clients possessing a valid VIES VAT number or non-EU international clients, reverse-charge / tax exemption rules apply accordingly.
5. Payment Processing & Recurring Subscriptions
All electronic transactions are processed securely through Stripe Technology Europe Ltd., a regulated financial entity certified under the highest security standards (PCI-DSS Level 1 compliant).
For recurring maintenance subscriptions and retained retainer services:
- Recurring service fees are charged automatically on a monthly or agreed billing cycle.
- The subscription automatically renews at the end of each billing period unless cancelled by the Client with due contractual notice.
- The Client expressly authorizes the automated recurring debit of agreed fees to their designated payment card or SEPA account.
The Provider does not store, process, or have access to full credit card numbers or sensitive payment authentication credentials on its own servers.
6. Default, Non-Payment, and Service Suspension
In the event of failed payment or default on any due installment or subscription invoice:
- The Provider reserves the right to immediately suspend technical support, maintenance routines, and associated services.
- Where hosting or maintenance is directly administered by the Provider, the Client's website or web application may be temporarily deactivated after formal notice.
- Statutory late-payment interest and reasonable administrative recovery costs may be applied pursuant to Spanish Law 3/2004 regarding commercial transactions.
Service restoration and reactivation following payment default may incur an administrative reactivation surcharge.
7. Contract Duration, Notice, and Termination
Recurring maintenance and consulting retainers have an indefinite term as long as ongoing monthly fee obligations are met. Termination by the Client requires a minimum written notice period of 30 calendar days submitted via verified email to hola@alejandrobriz.es.
Due to the immediate digital nature of infrastructure allocations (server provisioning, specialized software licenses, scheduled developer time reserves), payments for previously billed periods or project phases where engineering development has commenced are non-refundable.
8. Statutory Right of Withdrawal (Cooling-Off Period)
In accordance with Article 103 of Spanish Royal Legislative Decree 1/2007 (Consolidated General Law for the Protection of Consumers and Users), consumers generally hold the right to withdraw from a distance contract within 14 calendar days without stating grounds.
However, pursuant to Article 103(m) and Article 103(a), this statutory right of withdrawal does not apply once digital service performance has commenced with the express prior consent of the consumer and acknowledgment that they will lose their right of withdrawal once the contract has been fully or partially performed.
By executing payment and initiating the onboarding briefing, the Client expressly requests the immediate commencement of technical delivery and acknowledges the immediate forfeiture of the 14-day withdrawal right regarding commenced work.
9. Technical Service Level Agreement (Maintenance SLA)
For contracted monthly technical maintenance plans, the Provider delivers:
- Periodic core, theme, and plugin security updates within hardened staging or controlled deployment workflows.
- Scheduled automated cloud backups stored on off-site, redundant European data centers.
- Uptime monitoring and technical perimeter surveillance.
- Guaranteed response time: within 24 to 48 business hours for critical incidents.
While industry best practices are deployed to maintain continuous operations, uninterrupted 100% uptime is not guaranteed given dependency on upstream global network tiers, cloud hosting providers, and third-party APIs.
10. Intellectual Property, Source Code, and Licensing
Upon full settlement of all invoiced fees, the Client receives a perpetual, non-exclusive, worldwide license to use the customized digital assets and frontend deliverable created specifically for their project.
The Provider expressly retains exclusive ownership and intellectual property rights over:
- Proprietary boilerplate code, pre-existing developer frameworks, and custom libraries.
- Reusable code snippets, modular components, and server configuration scripts.
- Internal tooling, automation workflows, and proprietary software architecture methodologies.
In the event of unresolved non-payment, the Provider reserves the right to revoke all usage licenses and demand the cessation of use of delivered code assets.
11. Confidentiality & Non-Disclosure
Both parties agree to treat as confidential all technical, commercial, strategic, financial, and customer data shared during negotiations and project execution. Neither party shall disclose such confidential information to third parties without prior written consent, except where mandated by statutory law or judicial order.
This confidentiality covenant survives contract termination for an indefinite duration.
12. Limitation of Liability
The Provider shall not be held liable for third-party hosting downtimes, upstream telecommunication failures, cyberattacks or zero-day vulnerabilities affecting third-party software, unauthorized tampering or code alterations carried out by the Client or external agents, or indirect losses including loss of business, profits, or goodwill.
To the maximum extent permitted by applicable law, the Provider's aggregate financial liability arising out of or related to the services shall in no event exceed the total net amount actually received by the Provider from the Client for the specific service during the three (3) consecutive months immediately preceding the occurrence giving rise to liability.
13. Governing Law and Jurisdiction
These Terms and Conditions and any dispute arising from the interpretation, validity, or performance hereof shall be governed by and construed in accordance with the laws of the Kingdom of Spain.
The parties submit to the exclusive jurisdiction of the Courts of the consumer's domicile where consumer protection regulations apply. For disputes between commercial entities or legal persons (B2B transactions), the parties expressly submit to the jurisdiction of the Courts and Tribunals of Santander / Potes (Cantabria, Spain), expressly waiving any other jurisdiction that might otherwise apply.
14. Express Acceptance
The completion of an online transaction, digital onboarding submission, or payment of any initial deposit signifies full, irrevocable, and explicit understanding and acceptance of these Terms and Conditions.