Terms & Conditions Terms & Conditions Terms & Conditions
The responsibility for the services whose provision is regulated in these General Conditions of Use, corresponds to XXXXXXXXXX. (hereinafter XXX). XXX holds all rights and power of disposal on the website xxxxxxxxxxxxxxx.
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As well as on all the designs and own contents.
The present conditions regulate the provision by xxx of services. Related to Marketing and Sales by the professionals who make up the team of XXXX.
The CLIENT, by contracting the service, accepts all the terms and conditions set forth in these General Conditions.
And declares that before contracting the service he/she has been informed of the content of the present General Conditions.
XXX may modify the present General Conditions unilaterally at any time. In which case it will communicate it to the CLIENT explicitly and in writing.
These new General Conditions shall be understood as accepted as long as the CUSTOMER does not communicate in writing to XXX its disagreement. That will entail the resolution of the contract in accordance with the stipulated in these General Conditions.
For any question or divergence that may arise regarding the contracted services. XXX and the CLIENT, expressly waiving any other jurisdiction that may correspond to them, expressly submit to the application of Spanish Law.
And to the competent Courts and Tribunals of the city of Malaga.
If any clause included in these general conditions were to be declared, totally or partially, null or ineffective. Such nullity or ineffectiveness will only affect such provision or the part of it that is null or ineffective.
The general conditions shall remain in force in all other respects, with such provision. Or the part of the same one that was affected, for not put.
The content of the advice provided by XXX to the CUSTOMER may not be used by the CUSTOMER. For uses other than being applied for the definition and improvement of the CUSTOMER’s processes.
The public dissemination of the aforementioned advice shall require the express authorization of XXX.
WWM reserves the right to quote the CLIENT. As well as to use its commercial name or brand only to identify it as an example of the former’s client.
The services will be considered contracted with the acceptance of each proposal. Once the client accepts it through the Invoicel platform and makes the payment of the first milestone.
Prior to the conclusion of the contract and with the necessary advance notice, XXX, in a truthful, effective and complete manner. It shall have provided information on the conditions of the contract and shall send to the CUSTOMER, by any appropriate means, the full text of these general conditions.
The main form of payment is established as the bank transfer. Although it will be possible to make the payment by any other means agreed by the parties.
Not attended the payment at the expense of the CLIENT of any of the milestones of payment of the service provided. XXX will have the right to terminate the contract and the collection of the unpaid amounts plus the legal interest of the money.
As well as of the possible derived banking expenses or legal expenses in claim of the same ones without prejudice of the possibility of including the data of the CUSTOMER in files of patrimonial solvency and credit.
Immediately after contracting the respective service. XXX shall make available to the Client the invoice corresponding to the contracted service. It will be sent by the usual means of communication between the CLIENT and XXX.
The price of the services rendered by XXX shall be those indicated in each proposal at the date of its contracting, except for those services not included therein.
In the case of contracting special services. XXX shall offer a specific quotation that shall be accepted by the CUSTOMER prior to its provision.
In any case, the total cost of the service shall be communicated to the CUSTOMER. At the time of requesting the provision of the service prior to its acceptance.
XXX reserves the right to subcontract, in whole or in part, the services contracted by the CLIENT.
The supplies and provisions of funds that are necessary for administrative or similar procedures will be at the expense of the CUSTOMER. And they can never be understood as part of the price of the services rendered by XXX.
Likewise, expenses for travel or per diem incurred by XXX shall be considered. In case the CUSTOMER requires face-to-face visits.
For those exceptional cases in which the CUSTOMER is obliged. Due to legislative changes, to new obligations that affect the content of the contracted services. XXX reserves the right to modify the prices of the services contracted by the CLIENT.
Likewise, XXX may modify the prices of the service in the event of substantial variation of the costs of the service. XXX shall communicate this circumstance to the CUSTOMER. The CLIENT may accept such modification or terminate this service in accordance with the stipulated in these General Conditions.
The budgeted services are subject at all times to the project duration, date and number of deliverables, and number of meetings described in the section. “Special Conditions”, “Planning” and “Duration” of each proposal.
Exempting XXX from the obligation to increase the workload due to subsequent requirements or those not contemplated in this document.
In the event that new requirements arise that are not contemplated in the initial budget and whose execution is necessary for the completion of the project, XXX may prepare a new budget contemplated in the initial budget. XXX may prepare a new budget that contemplates those requirements.
The services rendered by XXX shall be considered completed with the delivery of the last Report or Deliverable described in the “Special Conditions” or in the Description of the services of each proposal.
In the case of services contracted as a monthly subscription. The client must notify XXX in writing at least 30 days in advance of the partial or total cancellation of the service.
The availability of XXX is subject to the provisions of these General Terms and Conditions.
The CLIENT has the right to withdraw from the contract within 5 working days of its conclusion. With the consequent refund of the amount paid within the deadlines for payment transactions initiated by a beneficiary.
This right of withdrawal shall not apply if the service has been provided before the end of the period of 5 working days from the conclusion of the contract.
The contracted services do not include any face-to-face service or any service that involves the personal intervention of an advisor.
All the services will be provided telematically, using as means of communication the telephone line, e-mail and the Web.
In any case, if between XXX and the CLIENT the need of displacement and/or overnight stay of one or several advisors of XXX is agreed. The CLIENT accepts that all costs derived from travel, overnight stay and per diems are not included in the prices of the services and that he/she shall pay the corresponding amounts.
XXX shall under no circumstances be responsible for the truthfulness or accuracy of the information. Documents or statements provided by the CUSTOMER.
In the event that the information provided by the CUSTOMER to XXX is not accurate. And that because of them some damage is derived for the parties. XXXX will be able to demand from the CUSTOMER the repair of the same ones.
All the information of its professional activity provided by the CUSTOMER to XXXX. Directly or indirectly, is understood as Confidential Information.
Confidential Information does not include that which is already known because it is accessible to the public without any action on the part of XXXX. Or communicated to it by third parties or by any administrative or judicial authority.
Confidential Information does not include information that is already known because it is accessible to the public without any action on the part of XXXX. Or communicated to it by third parties or by any administrative or judicial authority.
XXXX undertakes not to publish, disseminate or disclose the Confidential Information provided by the CLIENT. Unless such delivery is necessary for the provision of the service.
XXXX undertakes to take all reasonable and appropriate measures to protect all Business Information it receives.
If XXXX is legally obliged to disclose the Confidential Information to any administrative or jurisdictional entity, it shall inform the CUSTOMER.
XXXX shall not use, for its own benefit or for the benefit of others, the Confidential Information it receives for any purpose other than its offer and management of professional services to the CLIENT.
The client shall provide the information required by XXXX. About its professional activity in the terms and means of communication that this one communicates to him.
Otherwise, XXXX. XXXX may terminate the contract, understanding this lack of delivery of documentation as a cause of breach of its contractual obligations by the CLIENT.
Likewise, the CUSTOMER shall provide the documentation that is truthful and necessary for an adequate provision of the service by XXXX.
The “Special Conditions” of each quotation establish the number of milestones, hours, deliverables and number of follow-up meetings that comprise the contracted service.
In WWM we process the information you provide in order to provide the requested service and perform the billing of the same. The data provided will be kept as long as the business relationship is maintained or for the years necessary to comply with legal obligations.
The data will not be transferred to third parties except in cases where there is a legal obligation. You have the right to obtain confirmation as to whether XXXX is processing your personal data. Therefore, you have the right to access your personal data, rectify inaccurate data or request its deletion when the data is no longer necessary.
The Parties are obliged to keep absolutely confidential the information and documentation that both Parties provide to each other or have access to during the provision of the Service.
Both Parties undertake not to disclose or use directly or indirectly the information and knowledge acquired, derived from the contractual relationship agreed between the Parties in other services that are not the object of this Agreement without requesting prior and explicit authorization from the other Party.
The Parties undertake to take the necessary measures, both with respect to their employees and to third parties that may have any relation with the present Contract. To assure the fulfillment of what is agreed in this clause.
Upon termination of this Agreement. XXXX shall destroy all information about the present relationship that it has stored in any support or has reproduced by any procedure.
However, it may keep the data blocked to meet possible administrative or jurisdictional responsibilities.
Both Parties undertake to maintain the utmost secrecy with respect to the personal data to which they have access in compliance with this Agreement and to ensure, prior to and throughout the processing, compliance with the RGPD and the LOPD.
XXXX expressly declares that it is aware that it is obliged to comply with the provisions of the GDPR and the LOPD.
XXXX, as well as the personnel in charge of carrying out the tasks. They undertake to keep the utmost confidentiality and secrecy of personal information to which they may have access during the execution of the services covered by this Contract.
Under no circumstances may you use the data for your own purposes.
XXXX undertakes not to disclose such information, either through third parties or companies. Nor make it available to third parties without the prior written consent of the CLIENT.
WWM shall inform its personnel, collaborators and subcontractors of the obligations set forth in this Agreement regarding the processing of personal data.
XXXX shall give all necessary warnings to its personnel and collaborators. In order to ensure compliance with such obligations.
XXXX shall keep, in writing, a record of all categories of processing activities carried out on behalf of the controller, containing:
The confidentiality obligations set forth in this clause relating to personal data shall have an indefinite duration. They shall remain in force after the termination, for any reason, of the relationship between the CLIENT and XXXX.
XXXX shall notify the CUSTOMER. Without undue delay and through the email address provided by the responsible.
The security breaches of the personal data under its responsibility of which it becomes aware. Together with all relevant information for the documentation and communication of the incident.
At least the following information shall be provided:
(a)Description of the nature of the personal data security breach, including, where possible. The categories and approximate number of data subjects affected. And the categories and approximate number of personal data records affected.
b) Details of the contact person for further information.
c) Description of the possible consequences of the personal data security breach.
Description of the measures taken or proposed to be taken to remedy the personal data security breach. Including, if applicable, measures taken to mitigate the possible negative effects.
If it is not possible to provide the information simultaneously. And to the extent that it is not, the information shall be provided in a phased manner without undue delay.
Description of the measures taken or proposed to be taken to remedy the breach of security of personal data. Including, if applicable, measures taken to mitigate possible negative effects.
In any case. XXXX shall not carry out any processing of personal data on behalf of the CUSTOMER under this Agreement, therefore.
In no way shall it be construed that XXXX is proceeding to assume the role of Data Processor, in accordance with the provisions of art. 12 of the aforementioned Organic Law on Data Protection.
However, if exceptionally. XXXX has access to any personal data in possession of the CLIENT.
In compliance with its obligations under this act, it will only have access to such personal data of customers and other individuals related to the CLIENT if such access is necessary to fulfill the obligations established for XXXX undertakes to:
Assist the CUSTOMER to implement the necessary security measures to:
a) To ensure the confidentiality, integrity, availability and resilience of the processing systems and services at all times.
b) Restore the availability and access to personal data quickly. In the event of a physical or technical incident.
c) Verify, evaluate and assess, on a regular basis. The effectiveness of the technical and organizational measures implemented to ensure the security of the processing.
Upon termination of the contract. XXXX undertakes to return to the CUSTOMER the personal data and, if applicable, the media on which they are stored, once the performance has been completed.
The return shall entail the total deletion of the data existing on the computer equipment used by XXXX. However, XXXX may keep a copy, with the data duly blocked. As long as liability may arise from the performance of the service.
The documentation shall be delivered to XXXX for the sole purpose of carrying out the tasks covered by this Agreement. Therefore, XXXX undertakes not to reproduce by any means or transfer all or part of the data to any natural or legal person.
The foregoing also extends to the product of such tasks. In the event that XXXX uses the data for any other purpose, communicates them or uses them in breach of the provisions of the Agreement, it shall be liable for any infringements committed.
XXXX undertakes to ensure the necessary training in personal data protection for persons authorized to process personal data.
Likewise, the acceptance of this contract implies the birth of the corresponding obligations on the part of the Parties.
The client has seven (7) seven working days for approval of editorial calendars or content planning. The schedules or planning must be approved by the customer in their entirety.
Any changes to the schedule requested by the customer will invalidate the delivery dates of the next two content schedules from the inclusion of the change. A new schedule of work will be delivered as of the change.
Once a schedule has been accepted, it is not possible to cancel any of the approved contents.
In any case, the delivery date may be delayed if the client considers the delivery of other content to be a higher priority.
Any new content requested by the client will have a minimum delivery period of seven (7) days.
In the case of content different from the regular and/or planned deliveries, the internal planning will be reviewed and the delivery date will be confirmed. This may be longer than (7) days during peak periods.
New content requests must be adapted to the nature and definition of the product that the client has contracted.
Both the delivery and the review of content by the client must be carried out solely and exclusively by the official means and tools provided by WWM. The use of any other delivery mechanism will imply extra costs for the client.
The length, nature or subject matter of the contents must be in accordance with what is established in the quotation accepted by the client. The client will not be able to demand a greater extension, format or any other change that implies an extra cost for XXXX.
The dates included in calendars are always dates of delivery to the client of the first version of the content. They are not dates of publication or final delivery.
XXXX reserves the right to deliver content when the client has one or more overdue invoices.
Once a content has been delivered, XXXX is not responsible for the loss of the content that the client may suffer. XXXX is not obliged to keep copies or restore content older than 30 days from the established delivery date.
XXXX informs the customer that the items delivered to the customer are archived and will not be accessible from the XXXX content platform after 30 days of delivery.
This delivery can be either for review or for publication.
The restoration of archived content after 30 days of delivery. It will involve extra costs for the client.
Once a content has been delivered by XXXX. The client has (4) calendar days to request its correction from the reception of the content.
The content writing products include a single review by the client, after which XXXX will make the changes indicated by the client. XXXX will make the changes indicated by the client.
Provided that the content is delivered on time. The client may not request changes to the article less than two days before the scheduled publication date.
In this situation, the scheduled publication date will be moved automatically (5) five working days from the initial date.
No changes will be made to the content delivered after (30) calendar days from the date of delivery of the content.
It is the client’s responsibility to review the delivered work.
The customer shall provide XXXX with sufficient permissions to work with the CMS platforms on which its content is published.
Otherwise, XXXX does not undertake to carry out the publication of content.
In the event that the publication of content on the client’s platforms requires special knowledge or programming to perform the work, it will involve extra costs for the client.
Translations will be done only for the language contracted by the client. The client cannot change the language without prior quotation and confirmation by XXXX.
Second or third languages other than Spanish/English may have a different price depending on the complexity or availability of translators.
In each case, a quote will be provided on a project-by-project basis.
Translation service prices are subject to revision at any time. Due to changes in market conditions.
As soon as XXXX becomes aware of these changes. XXXX will notify the client, who may continue the contract for the services at the new established price or cancel the subscription.
In no event shall XXXX undertake to maintain a previous price when market conditions have changed and the client has been notified.
If the price for translations is set as a monthly fee. That is to say, a fixed price, the length of the translations must be adjusted to the service contracted. The client cannot request translations of a greater length.
If the client requires translations of a longer extension than the contracted one. A separate quote will be provided.
It is the client’s responsibility to notify XXXX of the language and variants in which the translations are required prior to contracting the translation service.
Under no circumstances will XXXX undertake to make changes to work in progress or to maintain the conditions of a service when the client requests changes in languages or variants of the same once the service has begun.
The customer will provide or contract directly with the technology provider the technology platforms required to carry out the marketing activities.
In the event that XXXX contracts the platforms on behalf of the client:
*Variation in the price of the software platform for lead nurturing automation.
Either by the increase of leads/contacts managed or by the technology provider’s policy.
It does not depend on XXXX and will be communicated to the client as soon as it is known, being necessary to readjust the economic conditions of this budget according to the variation produced.
*The non-payment of one (1) monthly payment implies the right of XXXX to stop the service within 30 days from the date of non-payment and the possibility of early termination of the contract by XXXX.
The method and form of payment of the services shall be in accordance with the terms established in the quotation accepted by the client, who in no case may change the method or terms of payment unilaterally.
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