Terms and conditions

Acceptance

Acceptance of any quote must be made via email, instant messaging, or another written communication system that allows for proof of such acceptance.

Acceptance of a quote implies the CLIENT's conformity with its scope, concepts, quantities, prices, payment terms, and with these terms and conditions of contract of CACTUS SENY GRÀFIC, S.L.

When the quote includes an initial payment, the payment of this amount will constitute the order to commence the contracted work. In cases where payment is established to be made upon project completion, written acceptance of the quote will be considered sufficient as a commencement order.

Once the quote is accepted, the CLIENT commits to carrying 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 performed up to that point may be invoiced according to the scope effectively developed, and the CLIENT may not claim a refund for amounts corresponding to work already performed.

Quote Validity

Quotes issued by CACTUS SENY GRÀFIC, S.L. will be valid for 3 months from their issue date, unless a different period is expressly indicated in the quote itself.

Once this period has elapsed without the quote being 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 economic proposals of CACTUS SENY GRÀFIC, S.L. do not include Value Added Tax (VAT) or other taxes, withholdings, or fiscal concepts that may be legally applicable, unless expressly stated otherwise.

Issued quotes will not be considered proforma invoices unless specifically indicated.

Elements and Work Not Included

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

Additional work arising from changes in direction, scope, criteria, or needs requested by the CLIENT once the project has started, when these imply a modification from the initially quoted assignment, are not included.

Also not included are services, functionalities, materials, tools, developments, or additional costs not expressly listed in the quote.

If, during the project, a need arises that exceeds the initially contracted scope, CACTUS SENY GRÀFIC, S.L. will inform the CLIENT and may present 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, incident resolution, and 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 treatment systems
• Any other technology suitable for project development

The choice of these tools will be at the discretion of 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 implies 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 these tools respecting the 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 data processors or sub-processors will additionally be governed by legally applicable obligations and, where appropriate, by the corresponding data processing agreement.

Third-Party Licenses and Resources

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

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

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

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

When a license becomes unavailable 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 if the modification may affect the project's operation, CACTUS SENY GRÀFIC, S.L. will inform the CLIENT so that they can take the necessary measures.

Materials Provided by the Client

For the proper 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 will be responsible for the legality, accuracy, and validity of the materials provided.

CACTUS SENY GRÀFIC, S.L. will understand that the CLIENT holds the necessary rights, licenses, authorizations, and permits to use and provide these materials.

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

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

When CACTUS SENY GRÀFIC, S.L. participates in the drafting or generation of content, these must be reviewed and finally approved by the CLIENT before publication.

Validation and Approval of Work

The 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 will imply the CLIENT's conformity with that version and will allow continuation to the next phases of the project.

The CLIENT will 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. will not be responsible for errors that could have been reasonably detected during the validation process and that have been approved by the CLIENT.

Delivery and Completion of the Assignment

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

After the final invoicing of a job, the CLIENT will have 30 calendar days to perform a complete review and request corrections related to work included within the contracted scope.

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

• They are part of the originally quoted scope;
• They do not imply a change of criteria, direction, or functionality;
• They are technically feasible within the contracted project.

After 30 calendar days from invoicing without incidents or corrections being communicated, the work will be considered accepted and completed.

Modifications requested subsequently may be quoted as new work.

Corrections, Incidents, and Improvements

A correction will be considered the rectification of an error or behavior that does not correspond to the functionalities, designs, or characteristics expressly agreed upon within the contracted scope.

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

These modifications may be evaluated and quoted as additional work.

Deadlines and Client Collaboration

The estimated deadlines for project completion also depend on the CLIENT's collaboration and the timely delivery of necessary materials, validations, access credentials, information, and decisions.

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

When a project remains halted due to reasons attributable to the CLIENT, CACTUS SENY GRÀFIC, S.L. may reorganize its internal planning and establish new continuation dates based on its availability.

Project Stoppage or Abandonment

When the CLIENT fails to provide the necessary information, materials, validations, access credentials, or decisions to continue the project for an extended period, CACTUS SENY GRÀFIC, S.L. may consider the project temporarily halted.

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

If the stoppage extends for more than 6 months due to reasons attributable to the CLIENT, CACTUS SENY GRÀFIC, S.L. may consider the work performed up to that point completed, invoice it when appropriate, and present a new quote for the reactivation or continuation of the project.

Project Cancellation

Should the CLIENT decide to cancel a project once it has started, they must pay for the work performed up to the cancellation date, as well as any costs or financial commitments that CACTUS SENY GRÀFIC, S.L. may have specifically assumed to develop the project.

Amounts paid corresponding to phases or work already executed will not be refundable.

Intellectual Property and Usage Rights

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

When the assignment of exploitation rights over materials created by CACTUS SENY GRÀFIC, S.L. is applicable, 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 will be understood to be limited to those uses necessary for the project's purpose 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 transversally in different projects.

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

Rights that, by their legal nature, cannot be assigned will be maintained in accordance with applicable regulations.

Editable Files, Source Code, and Work 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 are not automatically part of the delivery:

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

When the CLIENT specifically requires editable files, originals, or source materials, this must be indicated in the quote or agreed upon subsequently 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 display completed projects, once published or made public by the CLIENT, as a demonstration of its professional activity.

This dissemination may be carried out, among other means, through:

• Website and portfolio
• Social networks
• Business presentations
• Corporate material
• Case studies
• Professional publications
• Award nominations 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, economic, organizational, or any other nature of information to which they have access as a result of the project's development 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 communication is necessary for the proper provision of the service.

CACTUS SENY GRÀFIC, S.L. may provide strictly necessary information to collaborators, suppliers, or tools participating in the project's execution, always within the applicable legal and contractual obligations.

This obligation will not apply to information that is public, that was already legitimately known by the receiving party, or whose communication is mandatory by legal provision or requirement of a competent authority.

Third-Party Services and Platforms

Certain projects may depend entirely or partially on services provided by third parties, such as hosting providers, domains, email services, payment gateways, APIs, social networks, 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 that are beyond its control.

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

If these changes require modifying, adapting, or redeveloping part of the project, 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, domains, or other resources on behalf of the CLIENT, this management will be carried out according to the conditions of the contracted service.

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

The CLIENT will be responsible for keeping their ownership, billing, and access data updated when these services are contracted directly in their name.

Responsibility After Delivery

Once the project is completed and delivered, CACTUS SENY GRÀFIC, S.L. will not be responsible for incidents arising from modifications made subsequently by the CLIENT or by third parties.

Nor will it be responsible for problems caused by:

• Software updates performed by third parties
• Server or configuration changes
• Subsequent incompatibilities
• Modifications in APIs or external services
• Third-party plugins or tools
• Attacks, vulnerabilities, or external incidents
• Changes made without the intervention of CACTUS SENY GRÀFIC, S.L.
• Any circumstance beyond its direct control

The maintenance, supervision, updating, monitoring, and subsequent evolution of a platform will not be considered included unless expressly contracted.

Maintenance and Evolution of Digital Projects

The delivery of a website, e-commerce, application, platform, or other digital project does not imply the automatic contracting of a maintenance service.

Software updates, backups, security, future incident resolution, adaptation to new versions, monitoring, or subsequent modifications must be expressly included in the quote or contracted through an independent service.

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

SEO, Advertising, and Commercial Results

When the contracted services aim to improve positioning, visibility, traffic, acquisition, 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, 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 will be responsible for complying with its respective obligations regarding personal data protection.

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

In such cases, the relationship will be regulated by the corresponding data processing agreement or contract when legally necessary.

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

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 case of non-payment of an invoice, after 15 days from its due date, CACTUS SENY GRÀFIC, S.L. may temporarily suspend 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 credentials
• Tools or services provided directly by CACTUS SENY GRÀFIC, S.L.

The suspension of services due to non-payment will not imply the cancellation or condonation of outstanding amounts.

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

Subsidies, Aid, or Digital Kit

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

However, the granting, maintenance, justification, or payment of such aid 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 collection of any subsidy or aid.

If a subsidy, aid, or funding cannot be obtained, justified, or applied for reasons beyond the control of CACTUS SENY GRÀFIC, S.L., including issues related to CLIENT documentation, non-compliance with requirements, administrative deadlines, or decisions of the corresponding body, the CLIENT will remain responsible for the full payment of 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 to cover the project cost if such funding ultimately does not materialize.

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

Force Majeure

Neither party will be liable for delays or non-compliance arising from extraordinary circumstances beyond their reasonable control.

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

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

Modification of Terms and Conditions

CACTUS SENY GRÀFIC, S.L. may update, expand, or modify these terms and conditions when it deems 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 will be the one in force on the date of acceptance of the corresponding quote.

Subsequent modifications to these terms and conditions will 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 the application of the new conditions.

New versions will be applicable to new quotes, project extensions, renewals, or new contracts made after their entry into force.

In recurring services, maintenance, or continuous duration contracts, conditions may be updated for future periods. When a modification significantly affects the conditions of the contracted service, CACTUS SENY GRÀFIC, S.L. may communicate it to the CLIENT before its application.

Prevalence 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 for that specific project will prevail.

The absence of a specific condition in the quote will imply the application of these general terms and conditions.

Applicable Law

These terms and conditions will be governed by Spanish law.

Any dispute arising from the interpretation, execution, or fulfillment of the contracted services will be submitted to the competent courts and tribunals in accordance with applicable regulations.