Legal documents
This is, word for word, the service agreement you will sign if you order your website or your brand identity. We publish it in full so you do not have to take anyone’s word: read it before filling in the form, show it to whoever advises you and compare it with what anyone else asks you to sign. When your paperwork is generated, the clauses that do not apply to your product are removed automatically and the numbering adjusts itself.
Last updated: · European Union · United Kingdom
The client engages the agency to provide the service described in the accepted quote, whose reference appears in the project brief. This agreement governs the permissions the agency needs in order to carry it out, the final handover to the client and the processing of personal data. Anything not covered here is governed by the terms published on the website (process, timescales, payments and performance guarantee), which the client declares to have read and accepted.
The client expressly authorises the agency to create and configure, in the client’s name and for the client’s project: (a) an email account on the client’s own domain, acting as the anchor address; (b) the infrastructure provider account (Cloudflare) hosting the site, opened with that address; and (c) the domain registration, in which the client is listed as registrant from day one. The agency takes on this work so that the client does not have to create accounts, verify emails or receive codes during development.
During development the agency holds the credentials of those accounts and uses them solely to carry out this order. The client’s personal phone number is never linked to any account and SMS verification is never used: where a second factor is required, time-based codes are used and their secret is handed over to the client at transfer. Passwords are randomly generated and never reused across services.
On the second payment, the agency delivers to the client in writing: the credentials of the project email and of the infrastructure account, the domain authorisation code and everything needed to manage it all. At that point the client chooses between two paths, and only two. (a) Taking out annual maintenance through a third payment: while it is in force, the agency keeps managing the domain, the email and the accounts, handles their renewal, and the client has no handover obligation; if the year ends without renewal, paragraph (b) applies with the same deadline. (b) Not taking it out: the client then undertakes to complete the handover within a maximum of fifteen (15) calendar days — changing the passwords provided, accepting the transfer of the domain to their own registrar account and assuming its annual renewal from then on —, the agency has no further obligation to manage, renew or pay and retains no access, and if the client does not complete the handover within the deadline the agency is released all the same, any expiry or loss of the domain not being attributable to it. Maintenance may be contracted when placing the order or at the moment of delivery, and is always paid in that third payment: once the handover is closed, the agency does not take these accounts back on.
Once payment has been made in full, the agency assigns to the client, on an exclusive basis, with no time or territorial limit and for any form of exploitation, the rights in the design, the copy and the code created specifically for this project. The agency retains the right to reuse its own tools, generic components, techniques and pre-existing know-how, which under no circumstances include the client's brand, content or data. Until payment has been made in full, the delivery is treated as a non-transferable trial licence.
The design delivered does not in itself grant any registered trade mark rights. The agency carries out a basic check that the design does not reproduce well-known trade marks, but it does not run exhaustive trade mark register searches. Before any intensive commercial use, the client is advised to verify availability and, where appropriate, register the trade mark with the competent intellectual property office.
The client declares that it owns the rights to, or holds a sufficient licence for, all the copy, images, logos, trade marks, videos and other materials it supplies, and that their use in this project does not infringe third-party rights or any applicable rules. The client will hold the agency harmless against any claim arising from those materials. The agency will use them solely to carry out this project and will delete them from its equipment once it is finished, except for any backup that is legally required.
The agency processes the client's identification, contact and billing data as data controller, for the purpose of managing the project, issuing the invoice and complying with its legal obligations. Legal bases: performance of the contract and compliance with legal obligations. Retention: for the duration of the relationship and, thereafter, for the statutory retention period applicable to tax and commercial records. Data is not disclosed to third parties except where legally required or to the necessary providers listed below. The client may exercise the rights of access, rectification, erasure, objection, restriction and portability by writing to the agency's contact email address, and may lodge a complaint with the supervisory authority of its country of residence. Specifically, to set the project up the agency passes the client’s name or company name, tax ID, address and email to the domain registrar — where the client is the holder from day one, with registration privacy switched on —, to the mailbox provider and to the infrastructure provider, for the sole purpose of creating those accounts in the client’s name. On handover, those accounts come under the client’s exclusive control.
During development, the agency may access personal data of third parties for which the client is responsible (for example, data arriving through the site's contact form during testing). In that case the agency acts as data processor under Article 28 of Regulation (EU) 2016/679 (and of the UK GDPR where the client is established in the United Kingdom), on the following terms. Subject matter: development, publication and launch of the site. Duration: until the accounts are handed over. Nature and purpose: solely to carry out the client's instructions. Type of data: identification and contact data. Categories of data subjects: visitors to and clients of the site. The agency's obligations: to process the data only on the client's documented instructions; to keep it confidential indefinitely, including its personnel; to apply security measures appropriate to the risk; not to subcontract without prior authorisation; to assist the client in responding to data subject requests and in notifying breaches without undue delay; and, on termination, to return or delete all data and any copies, unless retention is legally required. The client may request the information needed to demonstrate compliance with these obligations.
The client authorises the following sub-processors: Cloudflare, Inc. (hosting, network and security), the email provider engaged for the project (currently Migadu, based in Switzerland, a country covered by an adequacy decision of the European Commission and by equivalent United Kingdom adequacy regulations) and the domain registrar engaged for the project. Any international transfers that take place are covered by adequacy decisions or by standard contractual clauses. Should the agency need to change or add a provider, it will inform the client, who may object on reasoned grounds; an up-to-date list of providers is available to the client on request. The client likewise authorises the use of professional artificial-intelligence tools from Anthropic, PBC (United States) to produce the texts, code and design of the project, under service modes that do not use the content to train models; the international transfer is covered by the EU-US Data Privacy Framework.
The sites the agency delivers do not store visitor data: the form sends the message to the client's email address and nothing is saved on the site. This substantially reduces the client's obligations regarding security and data breaches. If the client later adds third-party tools (analytics, chat widgets, advertising pixels), the responsibility to inform users and obtain their consent becomes the client's.
The product ordered builds a site with no database. If the project needs online payments, bookings, user accounts, a stock catalogue or newsletter sending, third-party services will be required (payment gateway, shop platform, booking system or similar), governed by their own terms. Those services are taken out in the client’s name and paid by the client directly to their provider: their fees and commissions are not included in the price and are not passed through by the agency. The agency will state in writing which services are needed and their expected cost before starting work, and is not responsible for their availability, terms, prices or changes. Where those third parties process personal data, the relationship is between the client and that provider.
Both parties undertake to keep confidential any non-public information they access in connection with the project, including after it has ended.
The whole project is managed by email at the addresses given by both parties. The parties accept email as a valid means of approving milestones, signing off deliverables and requesting changes.
The accepted quote and the published conditions apply: for products including a website, 50 % to start and 50 % before final delivery; for design products — identity kit and individual pieces — a single payment in full up front, with no piece delivered before it is paid for in full. In products including a website that also include design (logo, business card or identity kit), the design part is paid in full in the first payment. Annual maintenance, if taken out, is paid as a third payment at the moment of delivery. The first payment is made by card from the request summary; the agency has a maximum of 72 hours from receiving the request to confirm in writing its approval or what is missing, and then sends the agreement and the requirements questionnaire, whose completed return starts the delivery window. One round of changes is included; the published performance guarantee applies and, if the agency misses the deadline through its own fault, a 25 % discount on the total upon written claim. Published prices already include the applicable taxes, calculated according to the client’s country. Immediate-payment discount: if the client makes the first payment from the summary of their request, a discount equal to the tax that would have applied is applied, such that the total payable is the published catalogue price minus that amount. For products including a website it applies to the first payment (the 50 % starting instalment); for design products, which are paid in full in one go, it applies to that single full payment. The tax is still due and is invoiced as normal on the amount actually charged, itemised. For transactions with no tax charged — reverse charge, or clients established outside the European Union, whose services are not subject to Spanish VAT under article 69 of Spanish Law 37/1992 — the immediate-payment discount is 20 % of the published price.
If the client is contracting as a consumer — a natural person acting outside their trade, business or profession — they have fourteen (14) calendar days to withdraw from the contract without giving any reason, counted from the day it is concluded, by notifying the agency in writing at its email address. This right follows Directive 2011/83/EU as transposed in the consumer's country of residence and, for consumers in the United Kingdom, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. If the consumer expressly requests that the service begin before that period ends (the tick box at the end of this document) and then withdraws, they will pay for the proportion of the work already carried out. This right does not apply to anyone contracting as a business or professional.
The order comprises exactly what is described in the accepted quote and in the requirements document completed by the client, with the number of pages and languages contracted and one (1) round of changes on the delivered work. The following count as additional work and are quoted separately: pages or languages not contracted, changes requested after the included round is used up, redesigns arising from a change of mind by the client, the integration of third-party services not foreseen, and any feature requiring a database, user accounts, payments or bookings. No additional work is carried out without a quote accepted in writing.
The committed deadline assumes that the client provides the paperwork, materials and answers needed on the agreed terms. If the client does not reply to a request for information or approval for fifteen (15) calendar days, the deadline is suspended and resumes when the client resumes cooperation; after sixty (60) calendar days of client inactivity, the agency may treat the order as concluded, keeping the amounts already paid as consideration for the work carried out. The agency is not liable for delays caused by the client’s failure to cooperate or by third parties beyond its control.
Failure to pay any amount due entitles the agency to suspend the work and, if the site is already live, to take it offline upon written notice with seven (7) calendar days’ warning. Intellectual property rights over the work are not assigned until the price has been paid in full. Sixty (60) calendar days after non-payment, the agency may delete the materials and the site from its systems with no duty to preserve them.
The client undertakes that the content and the activity of the site infringe neither the law nor third-party rights. The agency may decline the order or remove content, with no right to a refund of amounts corresponding to work already carried out, where it concerns unlawful activities, content infringing third-party rights or human dignity, or where it requires administrative authorisations the client does not hold. The client shall hold the agency harmless against any claim, penalty or cost arising from its content, its activity or the information it has supplied.
The agency guarantees only what depends on its own work: delivery on time, the technical correctness of the site and the published performance guarantee, measured under the conditions described there. The agency does not guarantee — because it does not depend on the agency — any particular position in search engines, volume of visits, number of enquiries, sales or any commercial outcome, all of which depend on content, market, competition and third-party algorithms. Any estimate in that regard is indicative and not contractual.
The site is hosted on the infrastructure of an external provider whose availability is not under the agency’s control and for which the agency offers no service guarantee. The agency is not liable for interruptions, data loss or incidents attributable to providers, to the network, to cyber-attacks or to force majeure, nor for the effects of changes made by the client or by third parties after delivery. Save for wilful misconduct or gross negligence, and without prejudice to the rights mandatorily granted to consumers by law, the agency’s total liability on any ground arising from this agreement is limited to the amount actually paid by the client for the order concerned, and does not extend to loss of profit, business, data or opportunity.
Should the agency cease trading, it undertakes to give written notice at least thirty (30) days in advance, to confirm in writing the credentials already delivered and to facilitate at no cost the transfer of the domain and the site to the provider chosen by the client. Since the client is the domain registrant from day one and holds all credentials from delivery, the continuity of their website and email does not depend on the continuity of the agency.
This agreement is governed by Spanish law, and for any dispute the parties submit to the courts of the agency’s registered address. Where the client is a consumer, this does not deprive them of the protection afforded by the mandatory provisions of the law of their country of residence (Article 6 of Regulation (EC) No 593/2008, Rome I), nor of their right to litigate before the courts of that country (Articles 17 to 19 of Regulation (EU) No 1215/2012, Brussels I recast; consumers in the United Kingdom retain the equivalent rights under their own rules). Consumers may also turn to the alternative dispute resolution bodies available in their country.