Legal
1. Purpose and Scope of the Agreement
These Terms and Conditions regulate the commercial relationship between Pinaster.eu (“the Provider”) and the Client, exclusively within a Business-to-Business (B2B) framework. By contracting any service, the Client accepts these Terms and Conditions in full.
The Provider offers business development, project management, commercial deployment, consulting, and related services aimed at improving the Client’s chances of achieving certain business goals, but does not guarantee the achievement of such goals.
2. Nature of the Services
The Provider delivers professional services consisting of actions, strategies, analyses, and project execution intended to support the Client’s business expansion, commercial development, or operational improvement.
The Client acknowledges and accepts that:
- The Provider does not guarantee sales results, market penetration, revenue increases, or any specific business outcome.
- The Provider’s obligation is strictly one of means, not of results.
- The Provider commits to performing the contracted services with professional diligence, but external factors may affect outcomes.
3. Contracting and Acceptance
A service is considered contracted when:
- A proposal or quotation is accepted in writing by the Client, or
- The Client pays the initial invoice or retainer, or
- The Client requests the start of work and the Provider confirms it.
Any additional services not explicitly included in the initial agreement will require a new quotation or amendment.
4. Fees, Invoicing, and Payment Terms
- All prices are exclusive of VAT and other applicable taxes.
- Invoices must be paid within 30 days from the date of issuance unless otherwise agreed.
- Delayed payments may incur interest according to Spanish Law 3/2004 on combating late payment in commercial transactions.
- The Provider may pause or terminate services if payments are overdue.
5. Client Obligations
The Client agrees to:
- Provide accurate, complete, and timely information required for the execution of services.
- Collaborate actively and designate a responsible contact person.
- Ensure that any materials, data, or instructions provided do not infringe third-party rights or violate applicable laws.
- Accept that delays caused by the Client may affect deadlines or deliverables.
6. Confidentiality
Both parties agree to maintain strict confidentiality regarding all information exchanged during the collaboration.
Confidentiality obligations remain in force for five (5) years after the termination of the contract.
7. Intellectual Property
Unless otherwise agreed:
- All documents, methodologies, strategies, and materials created by the Provider remain the Provider’s intellectual property.
- The Client receives a non-exclusive, non-transferable license to use the deliverables strictly for internal business purposes.
8. Limitation of Liability
The Provider shall not be liable for:
- Loss of profits, loss of business opportunities, or indirect damages.
- Decisions made by the Client based on the Provider’s recommendations.
- External market conditions, regulatory changes, or third-party actions.
The Provider’s total liability shall never exceed the total amount paid by the Client for the services in the previous three months.
9. Duration and Termination
The contract remains in force until the completion of the contracted services unless:
- Either party terminates the agreement with 30 days’ written notice, or
- The Client fails to comply with payment obligations, in which case the Provider may terminate immediately.
Upon termination, the Client must pay all outstanding invoices and any work completed up to the termination date.
10. Data Protection (GDPR Compliance)
Both parties commit to complying with the General Data Protection Regulation (GDPR) and Spanish data protection laws.
The Provider will process Client data solely for the purpose of delivering the contracted services.
11. Subcontracting
The Provider may subcontract certain tasks to trusted third parties when necessary, ensuring equivalent professional standards.
12. Applicable Law and Jurisdiction
These Terms and Conditions are governed by Spanish law.
Any dispute arising from the interpretation or execution of this agreement shall be submitted exclusively to the Courts and Tribunals of Tarragona, Spain.
13. Amendments
The Provider may update these Terms and Conditions. The latest version will always be available on the company website. Continued use of the services implies acceptance of the updated terms.
14. Contact Information
Pinaster — Tarragona, Spain
Email: legal@pinaster.eu
Phone: (+34) 624 70 38 45