General terms and conditions
1. Definitions
- “Service" shall refer to any work to be performed by Qabiria Studio, SLNE;
- “Client” shall refer to any natural or legal person who requests Qabiria Studio, SLNE to provide a Service;
- “Qabiria” shall refer to Qabiria Studio, SLNE.
2. Scope of application
These general terms and conditions shall apply to all business dealings between Qabiria and its Clients and shall be considered an addition to any specific agreement that may be signed between Qabiria and the Client.
The parties involved in the provision of the services are Qabiria and the Client. These services are intended solely and exclusively for the Client, and may not be assigned by the Client to any third party or used by any person other than the Client, unless expressly authorised in writing by Qabiria.
3. Proposal and Contract
The proposal sent by Qabiria applies only to the Services explicitly stated in the proposal. A verbal or written Contract is considered to be in place when the Client submits a written acceptance of the proposal, or when Qabiria submits a written confirmation of the request for the Service, or when a Contract is signed with the Client. Qabiria reserves the right to request payment in advance as confirmation of the assignment of the work. Rates do not include VAT, unless otherwise stated.
4. Subsequent modification or cancellation of a Service request
Qabiria shall provide the Client with the services specified in the Proposal issued for each service or order. Any changes to the proposal must be agreed between Qabiria and the Client and must be set out in writing.
If the Client makes any significant changes or additions to a Service request after the Contract has come into effect, Qabiria reserves the right to change the expected delivery date and/or Service fees, or to reject the changes or additions. It will be for Qabiria to decide whether any changes or additions are considered significant.
Once the contract has been signed, any change in the agreed terms for a Service will only become effective once Qabiria has accepted and confirmed such change in writing.
Any reference material or style guidelines must be provided to Qabiria within twenty-four (24) hours of confirmation of the assignment. After this time, Qabiria will accept any reference materials and/or style guides, but reserves the right to charge the Client a fee for reviewing and editing any completed or partially completed work.
If for any reason the Client cancels an assignment in whole or in part after the Contract has been signed, the Client shall pay, at the agreed rate, all fees accrued for the part of the work completed at the time of cancellation.
5. Delivery
Qabiria undertakes to deliver the work by the agreed date. If for whatever reason a Service cannot be delivered on time, Qabiria will inform the Client by email as soon as possible and indicate a new delivery date.
Delivery is deemed to have taken place when Qabiria has sent the completed work to the Client by email. Qabiria accepts no responsibility for delays in delivery due to network overload, server overload or downtime, or other circumstances over which Qabiria has no direct control.
6. Information, documentation and confidentiality
Qabiria will request all information and documentation from the Client necessary for the satisfactory and efficient provision of the Services. The information and documentation shall be sent by the Client to Qabiria by the means deemed most appropriate. The Client represents and warrants that they are duly authorised and entitled to send Qabiria the documentation and information provided by them, and shall indemnify Qabiria against any claim by any third party due to access to the information or documentation sent by the Client.
Qabiria will not be liable in any case for consequences that may arise from the Client sending false, inaccurate or incomplete information or documentation.
Qabiria undertakes to safeguard the confidentiality of all information and documents received from the Client that are not in the public domain, and may only disclose them with the Client’s permission or by order of any administrative, judicial or otherwise legally authorised authority.
Upon request, Qabiria may enter into an appropriate Non-Disclosure Agreement (NDA).
7. Invoicing and payment
Upon completion of the work or at the end of each month, Qabiria will send a PDF invoice for the corresponding services to the Accounting Department contact email address provided by the Client.
The Client undertakes to pay the full amount due of each invoice received by Qabiria within thirty (30) days from the date of the invoice, using the payment method indicated on the invoice.
8. Guarantee
In the event of disagreement on the final quality of the Services provided by Qabiria, the Client must inform Qabiria immediately, stating exactly what the problem is. Qabiria agrees not to charge the Client for the revision and modification of the delivered work, provided that the Client notifies Qabiria of their claim within thirty (30) days of delivery. If Qabiria receives notification of the claim after the thirtieth (30th) day after delivery, the revision of the work will be subject to a separate quotation and invoice.
In any event, Qabiria will make every effort to resolve complaints by mutual agreement with the Client. If no agreement can be reached, an independent arbitrator will be appointed to resolve the problem.
9. Liability and compensation
Qabiria will only be liable for any loss or damage suffered by its Clients if the loss or damage occurs as a direct result of an error attributable to Qabiria.
Qabiria’s liability shall in any event be limited to an amount equivalent to the net amount to be received for the Service in question.
10. Communication
For all communications relating to the Services covered by these Terms and Conditions, the Client must provide at least one primary contact email address and one financial/accounting contact email address. The Client is advised to also provide a second contact email address.
The Client agrees to respond promptly to any request received by Qabiria. The delivery date may be affected by the Client’s failure to respond to a request.
11. Processing of personal data
In accordance with the provisions of the Data Protection Regulation, General Data Protection Regulation EU 679/2016 and the Spanish State Law Ley orgánica 3/2018 on the Protection of Personal Data and Guarantee of Digital Rights, we inform the Client that Qabiria Studio, SLNE is the Data Processor of any data provided through the proposal in order to provide the services requested. The data will be kept for the time necessary to fulfil the purpose of the treatment and, when they are no longer necessary for that purpose, they will be destroyed by taking the appropriate security measures.
The Client may exercise their rights of access, rectification, transfer, destruction, restriction and opposition at any time by sending a request by post to C/ Conquista 60, Entresuelo 1ª, 08912, Badalona, Barcelona, Spain or by sending an email to gdpr@qabiria.com indicating in both cases their first and last name and attaching a photocopy of their identity document. The Client is also informed that they have the right to lodge a complaint with the Control Authority (www.aepd.es) C/Jorge Juan 6, 20001, Madrid.
12. Applicable law
All relations between Qabiria and its Clients shall be subject to Spanish law. Any dispute arising from the application or interpretation of these terms and conditions shall be submitted to the jurisdiction of the Courts of Barcelona (Spain).