Legal documents
These terms govern the contracting of Always Matters Agency services through alwaysmattersagency.com. They apply together with the agreement signed for each order; should anything differ, what is signed in that agreement prevails. They are written to be understood: if anything is unclear, ask before you contract.
Pre-launch mode: Always Matters Agency has not started trading. This site is a sample of the work and of the intended conditions; it is not an offer and it does not take orders. The owner’s identifying details will be published here before trading begins.
Always Matters Agency, a web design and development studio whose registered details and address are pending publication until trading begins (see the notice on the site). The contact email will be published here, together with those details, before trading begins.
While the site states that trading has not begun, it is a sample of the work and of the intended conditions and does not constitute a contractual offer.
Web design and development services and brand identity design, in the products and with the scope published on the pricing page at the time of the request: number of pages, languages included, domain, hosting, base legal texts, one round of changes and the performance guarantee.
Features requiring a database are excluded from the fixed price and quoted separately: shop with cart and payments, bookings with their own calendar and user accounts. Pages or languages not contracted and changes after the included round are also excluded.
The published products build sites with no database: they do not include online payments, bookings, user accounts, stock catalogues or newsletter sending. If your project needs any of those, third-party services will be required — a payment gateway, a shop platform or a booking system, for example — governed by their own terms and outside this contract.
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 of any product and are not passed through by the agency. Before starting, the agency states in writing which services will be needed and their expected cost; an order of that kind is quoted individually. The agency is not responsible for the availability, terms, prices or changes of those third parties.
Outside those cases, once the site is delivered the only recurring expense expected is the annual domain renewal from the second year (under €15) and, if taken out, the annual maintenance.
The client picks a product and sends the form. Immediately and automatically they receive three documents: the order requirements, the agreement to sign and the payment letter with the calculated amount.
The contract is formed when the client returns the completed and signed paperwork together with the receipt for the first payment, and the agency confirms its approval in writing. The agency has a maximum of 72 hours from receipt to give that approval or state what is missing.
The client may keep and download the three documents; the signed agreement and these terms remain in the possession of both parties.
Published prices are launch prices in euros shown excluding tax, with the total including the applicable tax indicated next to each product according to the client’s country. The total amount, with taxes and breakdown, always appears on the payment letter before any payment is made.
The applicable tax is that of the country of destination within the European Union. Businesses with a valid intra-Community VAT number are subject to the reverse charge (Article 196 of Directive 2006/112/EC), at 0 % VAT.
Fast-turnaround discount: if the email with all the paperwork arrives within 24 hours of the request being sent, €100 is deducted from the net amount. The discount does not affect the first payment and is applied in full to the second.
By bank transfer, with no card and no direct debit. For products including a website: 50 % on contracting and 50 % before final delivery. For design products: a single payment up front. Annual maintenance, if taken out, is paid as a third payment on delivery day.
Bank details are provided on the payment letter. The agency will never request payment details by any other route nor notify a change of account by email.
Ten (10) calendar days for one-person products and fifteen (15) for team products, counted from the agency’s written approval. Weekends count.
The deadline is suspended while the agency is waiting for information or approval from the client. If the agency misses the deadline through its own fault, the client is entitled to a 25 % discount on the total upon written claim.
If you contract as a consumer — a natural person acting outside their business or professional activity — you have fourteen (14) calendar days to withdraw from the contract without giving any reason, counted from its conclusion.
To exercise it, simply tell us your decision unambiguously by email to the contact address published in the legal notice of this site. You may use the model form below, although it is not compulsory. We will acknowledge receipt without delay and refund any amounts due within a maximum of fourteen (14) calendar days, by the same means of payment.
If you expressly request that the service start before that period ends — which is ticked in a box in the agreement — and you then withdraw, you must pay the proportionate part of the work already carried out at the time you communicate the withdrawal. Where the service has been fully performed within the period with your prior express consent and acknowledgement that you lose the right, withdrawal is no longer possible (Article 103.a of the consolidated text of the Spanish General Law for the Defence of Consumers and Users).
This right does not apply to those contracting as a business or professional.
You only need to fill this in and send it if you wish to withdraw from the contract.
To Always Matters Agency (contact address published in the legal notice of this site): I hereby give notice that I withdraw from my contract for the supply of the following service: (state the product and the order reference). Ordered on: (date of the request). Name of consumer: (full name). Address of consumer: (address). Date: (date). Signature of consumer (only if submitted on paper).
The agency guarantees that the delivered website scores 95 or more out of 100 in the four categories of Google’s Lighthouse audit, measured on mobile against the production URL within 7 days of delivery and under the conditions published on the process page.
The agency does not guarantee any particular position in search engines, volume of visits, number of enquiries or any commercial outcome, because they do not depend on its work.
Any complaint may be sent in writing to the contact address published in the legal notice and will be answered within one month at most. As a consumer you may also turn to the alternative dispute resolution bodies available in your country; in Spain, the consumer arbitration boards and the municipal and regional consumer services.
The delivered site is hosted on the infrastructure of an external provider whose availability is not under the agency’s control. 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 is limited to the amount actually paid for the order concerned.
On full payment, the agency assigns to the client, exclusively and without limit of time or territory, the rights over the design, the copy and the code created specifically for their order. Until full payment, delivery is considered a non-transferable trial licence.
The contents of this website (text, designs and graphics) are the property of the agency; you may quote them by linking to the source.
The contract consists of, in this order of precedence: the signed order agreement, the accepted quote or payment letter, and these terms of service. If anything conflicts, the signed agreement prevails. There are no verbal agreements: what is not in writing is not part of the contract.
The contract lasts as long as the order takes and ends with delivery and handover. Annual maintenance, if taken out, lasts twelve months and does not auto-renew: it has to be taken out again.
Either party may terminate for material breach by the other, giving written notice and fifteen calendar days to put it right. If the client cancels once work has started and outside the withdrawal period, the work carried out up to that point is settled.
The client may not assign their position in the contract without the studio’s written consent. The studio may use collaborators for parts of the work and remains responsible for them as for its own work.
The studio may amend these terms to reflect legal, technical or catalogue changes. The version that applies to an order is the one published on the day the request is sent, and that version is kept on file. No later change affects an order already placed.
Communications between the parties are by email: to the contact address published in the legal notice for the studio, and to the address given in the request for the client. Each party is responsible for keeping that address working and for checking it, spam folder included.
You agree to receive order documentation, invoices and contract-related communications at that address. That is not marketing: we send no newsletters or commercial messages unless you ask for them.
Neither party is liable for failure caused by events beyond its reasonable control — disasters, widespread network or power outages, large-scale cyberattacks, decisions by authorities — for as long as the cause lasts. The affected party will give notice as soon as possible and deadlines are suspended. If the cause lasts more than thirty calendar days, either party may terminate, settling what has been performed.
If a court declares part of these terms void, the rest remains valid and that part is replaced by one that respects what was intended. Not enforcing a clause on one occasion is not a waiver of it.
These terms are published in Spanish, English, German and French. In case of discrepancy, the Spanish version prevails, without prejudice to the rights consumer law grants consumers in their own language.
The processing of client data is explained in the privacy policy on this site. Where the agency accesses personal data for which the client is responsible during development, it does so as processor, on the Article 28 GDPR terms signed in the order agreement.
These terms are governed by Spanish law. For any dispute the parties submit to the courts of the agency’s domicile. This submission does not deprive a client who is a consumer of the protection afforded by the mandatory provisions of the law of their country of residence (Article 6 of Regulation (EC) 593/2008, Rome I) nor of their right to bring proceedings before the courts of that country (Articles 17 to 19 of Regulation (EU) 1215/2012, Brussels I bis).