Terms and conditions

Acceptance

The acceptance of any quote must be carried out by email, instant messaging or another written communication system that allows such acceptance to be recorded.

The acceptance of a quote implies the CLIENT's agreement with its scope, concepts, quantities, prices, payment terms, and with these terms and conditions of engagement of CACTUS SENY GRÀFIC, S.L.

When the quote includes a first payment, payment of that amount shall constitute the order to begin the contracted work. In cases where it has been established that payment will be made upon completion of the project, written acceptance of the quote shall be considered sufficient as the order to begin.

Once the quote has been accepted, the CLIENT undertakes to carry out the project under the agreed terms.

If, for reasons beyond the control of CACTUS SENY GRÀFIC, S.L., the project is halted, cancelled, or cannot be completed, the work carried out up to that point may be invoiced in accordance with the scope actually developed, and the CLIENT may not claim a refund of amounts corresponding to work already performed.

Validity of quotes

Quotes issued by CACTUS SENY GRÀFIC, S.L. shall be valid for 3 months from their date of issue, unless the quote itself expressly states a different period.

Once that period has elapsed without the quote having been accepted, CACTUS SENY GRÀFIC, S.L. may review or modify prices, concepts, conditions, scope, or any other element included in the proposal before proceeding with its acceptance.

Taxes

The financial proposals of CACTUS SENY GRÀFIC, S.L. do not include Value Added Tax (VAT) or other taxes, withholdings, or tax-related items that may legally apply, unless expressly stated otherwise.

Quotes issued shall not be considered pro forma invoices unless specifically stated.

Elements and work not included

Quotes exclusively include the services, work, and items expressly described therein.

Additional work arising from changes in direction, scope, criteria, or needs requested by the CLIENT once the project has begun is not included, when these entail a modification compared to the originally quoted assignment.

Nor are services, functionalities, materials, tools, developments, or additional costs not expressly listed in the quote included.

When a need arises during the project that exceeds the initially contracted scope, CACTUS SENY GRÀFIC, S.L. will inform the CLIENT and may submit an extension, modification, or new quote before carrying out such work.

Tools, software, and technology

CACTUS SENY GRÀFIC, S.L. may select and use the tools, technologies, methodologies, and resources it deems most appropriate for the correct execution of the contracted work, the resolution of incidents, and the optimization of its work processes.

These tools may include, among others:

• Proprietary or third-party software
• Online platforms and services
• Cloud services
• Design and development tools
• Automation systems
• APIs and external services
• Analytics tools
• Programming assistants
• Artificial intelligence tools and services
• Content generation, processing, analysis, or handling systems
• Any other technology suitable for the development of the project

The choice of these tools shall be made by CACTUS SENY GRÀFIC, S.L., provided that their use does not substantially alter the scope, characteristics, or cost of the contracted service.

When the use of a specific tool, license, service, or resource entails an additional cost to be borne by the CLIENT, this circumstance will be communicated in advance and their approval will be required.

CACTUS SENY GRÀFIC, S.L. will use such tools in compliance with applicable obligations regarding confidentiality, intellectual property, data protection, and information security.

When a project involves the processing of personal data on behalf of the CLIENT, the use of providers, platforms, or third parties acting as processors or sub-processors shall additionally be governed by legally applicable obligations and, where appropriate, by the corresponding data processing agreement.

Third-party licenses and resources

Unless expressly stated in the quote, contracted services do not include the acquisition of software licenses, plugins, themes, typefaces, photographs, videos, graphic resources, tools, external services, or other third-party materials necessary for the development of the project.

CACTUS SENY GRÀFIC, S.L. may make available to the CLIENT, when possible and in good faith, tools, licenses, or resources it already has, with the aim of avoiding additional costs during project development.

The use of licenses owned by CACTUS SENY GRÀFIC, S.L. within a project does not imply their assignment, transfer, or indefinite availability to the CLIENT, unless expressly agreed otherwise.

CACTUS SENY GRÀFIC, S.L. may stop providing, replace, or modify such licenses when their terms change, when they cease to be part of its working tools, or when it is no longer possible to maintain them.

When a license ceases to be available and is necessary for the future operation or maintenance of the project, the CLIENT must acquire it under their own ownership.

Whenever reasonably possible and the modification could affect the project's operation, CACTUS SENY GRÀFIC, S.L. will inform the CLIENT so they can take the necessary measures.

Materials provided by the client

For the correct development of the contracted work, CACTUS SENY GRÀFIC, S.L. may request from the CLIENT texts, images, videos, logos, documents, databases, content, access credentials, technical information, or other materials necessary to develop the project.

The CLIENT shall be responsible for the legality, accuracy, and validity of the materials provided.

CACTUS SENY GRÀFIC, S.L. will assume that the CLIENT holds the rights, licenses, authorizations, and permissions necessary to use and provide such materials.

The CLIENT shall hold CACTUS SENY GRÀFIC, S.L. harmless against claims arising from copyright, intellectual property, image rights, data protection, or any other right related to materials provided by the CLIENT itself.

Unless this service has been expressly contracted, CACTUS SENY GRÀFIC, S.L. shall not be responsible for the spelling, legal, technical, or content review of texts provided by the CLIENT.

When CACTUS SENY GRÀFIC, S.L. takes part in drafting or generating content, this must be finally reviewed and approved by the CLIENT before publication.

Validation and approval of work

Designs, developments, documents, content, materials, and other elements presented during the project must be reviewed and validated by the CLIENT.

Approval of a proposal, design, content, version, or material shall constitute the CLIENT's agreement with that version and will allow the project to proceed to the following phases.

The CLIENT shall be responsible for specifically reviewing: texts, names, figures, contact details, prices, dates, translations, images, links, forms, specifications, legal information, and any other content to be published, printed, or produced.

CACTUS SENY GRÀFIC, S.L. shall not be liable for errors that could reasonably have been detected during the validation process and that were approved by the CLIENT.

Delivery and completion of the assignment

The assignment shall be considered completed, in whole or in part, once the actions and deliverables included in the scope of the corresponding quote have been carried out and invoiced.

After the final invoicing of a piece of work, the CLIENT shall have 30 calendar days to carry out a full review and request corrections relating to work included within the contracted scope.

CACTUS SENY GRÀFIC, S.L. will carry out such corrections provided that:

• They form part of the originally quoted scope;
• They do not entail a change in criteria, direction, or functionality;
• They are technically possible to carry out within the contracted project.

Once 30 calendar days have elapsed from invoicing without any incidents or corrections having been reported, the work shall be considered accepted and completed.

Modifications requested afterwards may be quoted as new work.

Corrections, incidents, and improvements

A correction shall be understood as the fixing of an error or behaviour that does not correspond to the functionalities, designs, or characteristics expressly agreed within the contracted scope.

New functionalities, extensions, content modifications, changes in criteria, design alterations, new needs, or changes to the initially approved operation shall not be considered corrections.

Such modifications may be assessed and quoted as additional work.

Timeframes and client collaboration

Estimated timeframes for carrying out projects also depend on the CLIENT's collaboration and the timely delivery of the necessary materials, validations, access, information, and decisions.

Delays resulting from a lack of response, delivery of content, validation, or any other element dependent on the CLIENT may alter the initially planned timeframes.

When a project remains stalled for reasons attributable to the CLIENT, CACTUS SENY GRÀFIC, S.L. may reorganize its internal scheduling and set new continuation dates based on its availability.

Stalling or abandonment of projects

When the CLIENT fails, over a prolonged period, to provide the information, materials, validations, access, or decisions necessary to continue the project, CACTUS SENY GRÀFIC, S.L. may consider the project temporarily stalled.

In these cases, the initially planned dates shall cease to be binding, and the resumption of the project shall be subject to the availability of CACTUS SENY GRÀFIC, S.L. at that time.

If the stalling continues for more than 6 months for reasons attributable to the CLIENT, CACTUS SENY GRÀFIC, S.L. may consider the work carried out up to that point as completed, invoice it where applicable, and submit a new quote for the reactivation or continuation of the project.

Cancellation of the project

Should the CLIENT decide to cancel a project once it has begun, they must pay for the work carried out up to the cancellation date, as well as any costs or financial commitments that CACTUS SENY GRÀFIC, S.L. had specifically assumed in order to develop the project.

Amounts paid corresponding to phases or work already carried out shall not be refundable.

Intellectual property and rights of use

Once the amount corresponding to the project has been paid in full, the CLIENT may use the final materials expressly created for the assignment in accordance with the purpose for which they were contracted.

Where the assignment of exploitation rights over materials created by CACTUS SENY GRÀFIC, S.L. applies, its specific scope may be established in the corresponding quote, proposal, or agreement.

In the absence of specific regulation, the scope of the assigned rights shall be understood as limited to those uses necessary for the purpose of the project and within the limits established by applicable regulations.

Excluded from any assignment are third-party elements, tools, methodologies, systems, libraries, frameworks, components, reusable code, templates, processes, technical knowledge, and resources previously developed by CACTUS SENY GRÀFIC, S.L. or used across different projects.

Elements subject to third-party licenses shall be governed exclusively by the conditions established by their respective owners.

Rights that, by their legal nature, cannot be assigned shall remain governed by applicable regulations.

Editable files, source code, and working materials

The delivery of a project includes only the files, materials, and deliverables expressly indicated in the quote or necessary for the ordinary use of the contracted work.

Unless expressly agreed, the following do not automatically form part of the delivery:

• Sketches
• Discarded proposals
• Intermediate files
• Internal documentation
• Source or editable files
• Internal templates
• Proprietary resources
• Working systems
• Tools developed to facilitate production
• other internal materials of CACTUS SENY GRÀFIC, S.L.

When the CLIENT specifically needs editable files, originals, or source materials, this must be indicated in the quote or agreed upon afterwards between the parties.

In development projects, the delivery of code and other technical elements will be carried out in accordance with the nature of the project, the technologies used, and the specific conditions established in the quote.

Dissemination of work and portfolio

Unless there is an express confidentiality agreement or it has been established in writing otherwise, CACTUS SENY GRÀFIC, S.L. may showcase projects carried out, once published or made public by the CLIENT, as examples of its professional activity.

This dissemination may take place, among other means, through:

• Website and portfolio
• Social media
• Sales presentations
• Corporate materials
• Case studies
• Professional publications
• Entries for awards or recognitions
• Other media intended to present the activity of CACTUS SENY GRÀFIC, S.L.

When the project is subject to confidentiality obligations, collaboration agreements with agencies or studios, white label projects, or any other contractual limitation, CACTUS SENY GRÀFIC, S.L. will respect the specifically agreed conditions.

Confidentiality

Both parties undertake to treat as confidential any technical, commercial, strategic, financial, organizational, or other information to which they have access as a result of the development of the project and which, by its nature or circumstances, should reasonably be considered confidential.

Confidential information may not be disclosed to third parties or used for purposes unrelated to the project, unless authorized by the other party or when its disclosure is necessary for the proper provision of the service.

CACTUS SENY GRÀFIC, S.L. may share the information strictly necessary with collaborators, providers, or tools involved in carrying out the project, always within applicable legal and contractual obligations.

This obligation shall not apply to information that is public, that was already legitimately known to the receiving party, or whose disclosure is mandatory under legal provision or the request of a competent authority.

Third-party services and platforms

Certain projects may depend, wholly or partly, on services provided by third parties, such as hosting providers, domains, email services, payment gateways, APIs, social media, advertising platforms, ERP, CRM, plugins, cloud services, artificial intelligence tools, or other external platforms.

CACTUS SENY GRÀFIC, S.L. cannot guarantee the availability, continuity, operation, or future maintenance of services outside its control.

Changes in operation, prices, conditions, APIs, policies, technical limitations, or interruptions introduced by third parties shall not be the responsibility of CACTUS SENY GRÀFIC, S.L.

If such changes require part of the project to be modified, adapted, or redeveloped, the necessary work may be subject to a new quote.

Domains, hosting, email, and associated services

Whenever possible, the essential domains and services of the project must be registered or contracted in the CLIENT's name.

When CACTUS SENY GRÀFIC, S.L. manages hosting, email, domain, or other resources on behalf of the CLIENT, such management will be carried out in accordance with the conditions of the contracted service.

The occasional management of these services within a project does not necessarily imply an obligation to maintain, renew, or administer them indefinitely, unless a recurring management or maintenance service has been expressly contracted.

The CLIENT shall be responsible for keeping their ownership, billing, and access details up to date when such services are contracted directly in their name.

Liability after delivery

Once the project has been completed and delivered, CACTUS SENY GRÀFIC, S.L. shall not be liable for incidents arising from modifications subsequently made by the CLIENT or by third parties.

Nor shall it be liable for problems caused by:

• Software updates carried out by third parties
• Server changes or configuration changes
• Compatibility issues arising subsequently
• Modifications to APIs or external services
• Third-party plugins or tools
• Attacks, vulnerabilities, or external incidents
• Changes made without the involvement of CACTUS SENY GRÀFIC, S.L.
• Any circumstance beyond its direct control

Maintenance, supervision, updating, monitoring, and future evolution of a platform shall not be considered included unless expressly contracted.

Maintenance and evolution of digital projects

Delivery of a website, e-commerce store, application, platform, or other digital project does not entail the automatic engagement of a maintenance service.

Software updates, backups, security, resolution of future incidents, adaptation to new versions, monitoring, or subsequent modifications must be expressly included in the quote or contracted through a separate service.

CACTUS SENY GRÀFIC, S.L. may propose maintenance, support, or evolution services depending on the characteristics of each project.

SEO, advertising, and business results

When the contracted services aim to improve positioning, visibility, traffic, lead generation, conversions, sales, or any other business indicator, CACTUS SENY GRÀFIC, S.L. will carry out the actions included in the contracted service, but cannot guarantee specific results.

Among others, the following are not guaranteed:

• Specific positions in search engines
• A specific volume of traffic
• A specific number of leads
• Sales
• Conversions
• Return on investment
• Specific results in advertising campaigns

These results may depend on multiple external factors, including the market, competition, platform algorithms, investment, the commercial offer, the CLIENT's product or service, and other factors beyond the direct control of CACTUS SENY GRÀFIC, S.L.

Data protection

Each party shall be responsible for complying with the obligations that apply to them regarding the protection of personal data.

When CACTUS SENY GRÀFIC, S.L. needs to access or process personal data on behalf of the CLIENT in order to provide the contracted services, it may act as data processor.

In these cases, the relationship shall be regulated through the corresponding data processing agreement or contract when legally necessary.

The CLIENT shall be responsible for ensuring that the personal data processed within the framework of their services, platforms, or activities has been obtained and is used lawfully.

Payment terms for the assignment

Acceptance of the quote implies acceptance of the payment terms specified therein.

CACTUS SENY GRÀFIC, S.L. will issue the corresponding invoices following the amounts, percentages, milestones, and due dates established in each quote.

In the event of non-payment of an invoice, once 15 days have elapsed from its due date, CACTUS SENY GRÀFIC, S.L. may temporarily suspend the services associated with the CLIENT until the situation is regularized.

This suspension may affect, where applicable, services such as:

• Maintenance
• Support
• Hosting managed by Cactus
• Updates
• Recurring services
• Platforms
• Access
• Tools or services provided directly by CACTUS SENY GRÀFIC, S.L.

Suspension of services due to non-payment shall not entail the cancellation or waiver of outstanding amounts.

Overdue amounts may accrue the interest, compensation, and management or collection costs that are legally applicable.

Grants, subsidies, or Kit Digital

When a project is developed wholly or partly within the framework of a grant, public subsidy, Kit Digital, or another external funding program, CACTUS SENY GRÀFIC, S.L. will collaborate, within its responsibilities, to facilitate compliance with requirements related to the contracted services.

However, the granting, maintenance, justification, or payment of such subsidies depends on bodies, procedures, and circumstances beyond the control of CACTUS SENY GRÀFIC, S.L.

CACTUS SENY GRÀFIC, S.L. does not guarantee the granting, validation, or payment of any subsidy or grant.

If a subsidy, grant, or funding cannot be obtained, justified, or applied for reasons unrelated to CACTUS SENY GRÀFIC, S.L., including matters related to the CLIENT's documentation, failure to meet requirements, administrative deadlines, or decisions by the relevant body, the CLIENT shall remain responsible for paying in full for the contracted services.

It is the CLIENT's responsibility to assess the requirements and risks associated with external funding and to have the necessary resources available to cover the cost of the project should such funding ultimately not materialize.

CACTUS SENY GRÀFIC, S.L. will continue to develop the contracted services according to the agreed conditions, regardless of the final outcome of the grant application or processing, unless both parties expressly agree otherwise.

Force majeure

Neither party shall be liable for delays or failures arising from extraordinary circumstances beyond their reasonable control.

These circumstances may include, among others, widespread disruptions to technological services, serious provider failures, natural disasters, fires, conflicts, strikes, administrative decisions, regulatory changes, cyberattacks of a general nature, supply cuts, or any other event of a similar nature.

When a situation of force majeure occurs, the affected timeframes may be suspended or extended for the time reasonably necessary to continue with the project.

Modification of the terms and conditions

CACTUS SENY GRÀFIC, S.L. may update, extend, or modify these terms and conditions when it deems it necessary to adapt them to changes in its services, work processes, tools, business structure, applicable regulations, or any other circumstance related to its activity.

The version applicable to each assignment shall be the one in force on the date of acceptance of the corresponding quote.

Subsequent modifications to these terms and conditions shall not alter the conditions applicable to work already contracted, except:

• When the modification arises from a legal obligation;
• When it is necessary to adapt the service to mandatory regulatory changes;
• Or when the CLIENT and CACTUS SENY GRÀFIC, S.L. expressly agree to apply the new conditions.

The new versions shall apply to new quotes, project extensions, renewals, or new engagements made after their entry into force.

In recurring services, maintenance, or ongoing engagements, the conditions may be updated for future periods. When a modification significantly affects the conditions of the contracted service, CACTUS SENY GRÀFIC, S.L. may notify the CLIENT before its application.

Precedence of the quote

When a specific condition expressly included in a quote contradicts any provision of these general terms, the particular condition established in that quote shall prevail for that specific project.

The absence of a specific condition in the quote shall mean that these general terms and conditions apply.

Applicable law

These terms and conditions shall be governed by Spanish law.

Any dispute arising from the interpretation, performance, or fulfilment of the contracted services shall be submitted to the courts and tribunals with jurisdiction in accordance with applicable regulations.