1. Introduction
These Terms and Conditions (“Terms”) govern your use of the services provided by MacMedia & Data Solutions, a small, agile technology consulting firm (“we”, “us”, or “our”). By engaging with our services, you agree to comply with and be bound by these Terms. Please read them carefully.
2. Services Provided
We offer a range of services, including but not limited to:
- Technology Modernisation
- Technology Sourcing & Implementation
- Digital Strategy Development
Details of the specific services, deliverables, and timelines will be outlined in a separate agreement for each project.
3. Engagement Process
By engaging with us, you agree to the following process:
- Initial Consultation: A discussion to understand your business needs.
- Proposal: A detailed proposal outlining the scope of work, timeline, and costs.
- Agreement: A formal contract for services, including any deliverables, timelines, and fees.
- Project Execution: We will begin working on your project as per the agreed-upon scope.
4. Fees and Payments
- All fees for services provided will be outlined in the proposal or contract.
- Payments are typically due upon receipt of the invoice or as agreed upon in the contract.
- We accept payments via bank wire transfer. Our bank details will be provided on the invoice.
- Bank wire transfers should be completed within 3 days of receiving the invoice, unless otherwise agreed.
- Late payments may incur a late fee of 1-2% for every 31 days past the due date.
5. Client Responsibilities
You agree to provide us with the necessary resources, information, and support to complete the services outlined. This includes access to systems, personnel, and any other resources that may be required for the successful completion of the project.
6. Confidentiality
Both parties agree to keep any confidential information shared during the engagement strictly confidential. We will not disclose any confidential information to third parties unless required by law or as otherwise agreed in writing.
7. Intellectual Property
Upon full payment, ownership of any intellectual property (such as software, code, designs, strategies, etc.) developed by us as part of the engagement will be transferred to you, unless otherwise agreed in writing. We retain the right to use any non-confidential work and ideas for future projects or promotional purposes.
8. Warranty and Liability
- We provide services on a best-effort basis, and we do not guarantee specific results, outcomes, or performance.
- Our liability for any damages arising from our services is limited to the amount paid by you for the specific project in question.
- We are not responsible for any indirect, incidental, or consequential damages.
9. Termination
Either party may terminate the engagement with written notice. If you choose to terminate the agreement, you agree to pay for any work completed up until the termination date. If we terminate, we will provide you with a refund for any uncompleted work.
10. Dispute Resolution
Any disputes arising from these Terms will be resolved through mediation or arbitration, as required by local laws in Spain, specifically within the region of Malaga. Both parties agree to engage in good faith negotiations to resolve any issues before escalating to legal action.
11. Force Majeure
Neither party will be held liable for delays or failures to perform due to circumstances beyond their control, such as natural disasters, government actions, or technical failures.
12. Changes to Terms
We reserve the right to modify or update these Terms at any time. Any changes will be communicated to you, and the updated Terms will apply to all future services.
13. Governing Law
These Terms and any agreements made hereunder shall be governed by the laws of Spain.