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General terms and conditions

General Information and Purpose of the Contract.

Through the website and also through these general terms and conditions, the CONSULTANT will provide information regarding its services, its different forms of contracting, its promotions or discounts, as well as other information of a general nature.

These General Terms and Conditions regulate the contractual relationship between:

On the one hand, Manuel Martín Esparza with NIF 02630437L and address at C/ Tajo 11, Valdemorillo, 28210 Madrid, Spain, (hereinafter, the "CONSULTANT").

And on the other hand, "the CLIENT", according to the data provided in the contracting form in order to carry out the request and provision of SEM Campaigns, PPC or SEO Copywriting services.

The purpose of this Agreement is to formalize the agreement between the Parties for the provision by the CONSULTANT on behalf of the Client of the SEM, PPC and/or SEO Copywriting Consulting services described in the second paragraph.

2. Description of services.

By virtue of this Service Agreement, the CONSULTANT shall perform for the CLIENT different online marketing services (under the service contracted by the CLIENT), specifically, those related to:

  • Management and optimization of Google Ads Campaigns (SEM Campaigns), or Google Ads Consulting Service.
  • Management and optimization of Remarketing Campaigns, Display, YouTube, Social Ads, Programmatic, or PPC Consulting Services.
  • SEO-SEM optimization of the copies (texts) of the landing page(s) of the campaigns, or SEO Copywriting Service.

The purpose of such campaigns is the promotion of the CLIENT and/or its products or services in Google and/or other search engines, in social networks and/or other advertising media, in such a way that both parties recognize that the CLIENT acts in its capacity as a professional or company that uses the CONSULTANT's services in order to integrate these in its activities and marketing processes towards third parties, its clients.

Google Ads Consulting and PPC Consulting services include both the tasks of the "set up" or implementation of SEM Campaigns (search engines) and/or PPC Campaigns (Display, YouTube, Social Ads, Remarketing, etc.), respectively, as well as all the necessary tasks for the management and optimization of SEM PPC campaigns of the Google Ads program, Bing Ads, Meta, Programmatic and/or other advertising media.

Set Up: Refers to the design and execution of campaigns: strategy proposal, analysis of the current situation, definition of the semantic and technical strategy, placements, keywords, texts, configurations and segmentation that form the architecture/skeleton of the account, etc.

The Set Up of SEM campaigns includes, by default, a language of the Client's choice . If you need more than one language, please contact the CONSULTANT through the contact form and he will design a customized plan for you. The prototype of the Set Up contemplated in this Contract would correspond to the Client's SEM campaigns that adapt to the following architecture: An account of up to 5 campaigns, 25 groups, 50 ad creatives, 500 keywords, 250 negative keywords and up to 500 placements in Display.

Account management and optimization: This refers to the control of campaigns and their performance: analysis of indicators, performance control, actions and proposals for improvement, analysis and optimization of campaigns, preparation of reports related to campaigns, exploration-research of new formats, etc. It includes optimizations or execution of the necessary adjustments to such campaigns after their launching, during the term of the Contract.

SEO Copywriting services include the tasks of keyword analysis and market research, and the review and technical and semantic optimization of the texts or copies of the pages provided by the CLIENT or those published on its website or landings.

The CONSULTANT shall design, structure, manipulate and actively manage, to the best of its knowledge and belief, the Client's new SEM PPC campaigns, as well as text optimization (if any) with the following content and within the deadlines and stages set forth in the corresponding heading of these terms and conditions.

3. Duration of the contract.

3.1 This Agreement shall enter into force on the Contract Date and shall remain in force for a period of 1 (one month), 3, 6 or 12 months (renewable), depending on the payment method chosen (monthly, quarterly, half-yearly or annual, respectively).

3.2 The contract shall be in force as long as the subscription is up to date with payment.

3.3 In the event of non-payment, late payments, breach of the Contract or any other non-performance by the CLIENT, the CONSULTANT reserves the right to definitively interrupt the services in progress, without prejudice to any claims that the CONSULTANT may deem appropriate to make.

3.4. Upon termination of the Contract, it shall be renewed for an identical term by automatic subscription, provided that there has been no contrary intention on the part of either of the parties.

3.5 The CUSTOMER may unsubscribe from the subscription or change to another modality at any time, prior to the renewal date of such subscription.

4. Contracting Process.

4.1 The contracting of Google Ads, PPC (Pay per Click) or SEO Copywriting Consulting services offered by the CONSULTANT shall be carried out through the "Contract Service" tab enabled in each of the respective service pages of the website

For this purpose, a contracting process has been established in which, once the description of the specific service and the current rates have been shown, the CLIENT who wishes to contract accepts the present General Terms and Conditions of the service .

Once read by the CLIENT, and if he/she agrees with them, he/she will accept them and fill in a data collection form that will be sent automatically.

Both the acceptance of the Terms and Conditions and the submission of data will be automatically recorded in the CONSULTANT's systems.

4.2 The CONSULTANT shall file in its computer systems the records of such dispatch, and shall send to the CLIENT documentary confirmation of the contracting carried out by e-mail.

4.3 The CONSULTANT reserves the right to modify the commercial offer of the website (modifications on services, prices, promotions and other commercial conditions) at any time, although such modifications would apply to contracts made after the modification.

4.4 To make a contract, the user must follow the steps of the contracting process defined on the website. At the end of this process, the order is sent electronically to the CONSULTANT to be processed. The CLIENT will receive a confirmation via email to inform him/her that his/her reservation has been received.

5. Preparation, Launch and Optimization of Campaigns and/or delivery of optimized copies.

After contracting, the provision of the services covered by this Contract shall follow the following sequence and times:

5.1 Kick off Call - The CONSULTANT will contact the CLIENT, in accordance with the contact details provided by the CLIENT in its purchase order, no later than two working days from the date of the online order, in order to start discussions and, eventually, reach an agreement on the objectives of the campaigns.

5.2 In case of disagreement between the Parties on the approach or objectives, expressed by any of the parties in the conversations held during the Kick off Call, the CLIENT shall be entitled to a refund of the paid subscription.

5.3 In case of agreement between the Parties, the CONSULTANT shall send via email the confirmation of the commencement of the provision of the Services (hereinafter referred to as the "Contractual Date").

5.4 Delivery of the campaigns - The delivery of the campaigns shall be made 15 (fifteen) days from the Contract Date.

5.5 Delivery of Express Campaigns: The delivery of the campaigns will be made within 3 (three) days if the Express service is contracted. The fees for a set up fee with express service are 500€ (a single payment by transfer or Bizum). The CLIENT will send proof of payment of the transfer, which will mark the "contractual date".

5.6 The same service sequence described above shall apply for the hiring of SEO Copywriting services. The delivery of the optimized texts or copies corresponding to the SEO Copywriting service will be made 15 (fifteen) days after the contractual date.

5.7 Guarantee of delivery deadlines - Failure to meet the delivery deadline expressed in the previous point and not motivated by causes beyond the CONSULTANT's control, shall entitle the CLIENT - upon written or e-mail complaint - to be paid amounts equivalent to 5% for each week of delay and up to a maximum of 20% of the fees.

5.8 Optimizations - Once the SEM PPC campaigns have been delivered and implemented, the CONSULTANT will carry out the required periodic optimizations and adjustments, to the best of its knowledge and belief , in order to preserve the quality of the accounts and in order to achieve the objectives set, during the remaining period of the Contract.

6. Price and Method of Payment.

6.1 All offers shall indicate both the price of the service without discount (month-to-month payment method), or with the discount for quarterly, semi-annual or annual subscription.

6.2 Once the service has been selected, the user must proceed to make the reservation by paying for it through the chosen payment method. The available payment methods are those that appear on the contracting screen, namely, credit card or PayPal.
The PayPal system allows the user to pay by debit card, credit card or bank account without having to enter their data on the page You will only need your e-mail address and a password if you already have a PayPal account. If you do not have a PayPal account, you must first register with PayPal. For more information, please contact PayPal Customer Service.

6.3 Payment by bank transfer is not available on the website. To use this method of payment, please contact the CONSULTANT through the contact form provided on the site, who will provide you with the bank details for payments.

6.4 Once the purchase process is completed, the customer will receive a purchase confirmation email.

6.5 The prices shown in the contracting page are monthly prices for advertising investments up to 2,500€ per month. The monthly investment in ads is fixed by the CLIENT with total freedom and flexibility, being able to decide to reduce or increase the investment at any time.

6.7 For monthly investments in advertisements in excess of this amount, the monthly fees shall be governed by the following scale:

  • 2.500€ < Inversión < 5.000€/mes: 10% de la inversión
  • 5.000€ < Inversión < 10.000€/mes: 9% de la inversión
  • > 10.000€/month: 8% of the investment

6.8 In the case of application of clause 6.7 during one or several months, the CONSULTANT shall issue an invoice to the CLIENT at the end of each month, in accordance with the provisions of said clause, deducting from the same the amount already paid for the subscription corresponding to said month.

7. Applicable Taxes.

7.1 The prices applicable to each service are those indicated on the website on the date of the order, excluding VAT (Value Added Tax).

7.2 Contracting by companies located within the territory of the European Union shall be subject to VAT, and the customer shall be charged the tax at the rate in force at any given time. However, the contracting carried out by VAT taxable persons (companies, entities, organizations, etc.) with residence in the European Union and having an intra-community VAT number, will be exempt from VAT payment, being an essential condition to send such document by mail in order to be able to carry out the exemption.

7.3 Likewise, the contracting by companies resident in non-European Union Member States shall be exempt from VAT.

8. Causes for termination

8.1 Without prejudice to the general causes admitted in Law, in case of breach of any of the obligations contained in this Agreement by the CONSULTANT, the CLIENT may require the CONSULTANT to comply with its obligations, or terminate the Agreement.

8.2 Likewise, the CONSULTANT shall be entitled to terminate this Agreement with immediate effect without notice and without prior judicial intervention, in the event that:

  • The other party requests suspension of payments or has been declared bankrupt;
  • The other party is a legal entity and is dissolved.

9. Refund Policy

9.1 Monthly and quarterly plans are not eligible for reimbursement, except for the cases contemplated in clause 5.2 of these general terms and conditions.

9.2. Semi-annual or annual subscriptions are entitled to reimbursement, provided that the cancellation of the service occurs within 21 days after the contracting or renewal, and provided that the delivery and implementation of the campaigns by the CONSULTANT after the contracting described in section five has not taken place.

9.3 The CUSTOMER shall be entitled to reimbursement of the half-yearly or annual subscription paid, deducting the price of a monthly payment from the amount of the refund.

10. Intellectual and Industrial Property.

10.1 The CONSULTANT is the owner of the Intellectual and Industrial Property rights in relation to the content of the website, in particular, the design and source codes used in its programming, as well as photographs, texts, images, marches and trade names.

10.2 Any reproduction, in whole or in part, of the contents of the website is expressly prohibited without the express written permission of the CONSULTANT.

10.3 The property, and the intellectual property of the content of the advertising account(s) shall belong to the CLIENT once twelve accumulated months of service through subscription in any of its modalities have been completed. In the meantime, such property shall belong to the CONSULTANT.

10.4 The CONSULTANT shall provide the CLIENT with access to the said accounts for the sake of absolute transparency.

11. Miscellaneous

11.1 The CLIENT authorizes the CONSULTANT to use its name for commercial purposes.

11.2 Any modification of the terms or conditions of this Agreement, as well as the waiver of the rights contained herein, shall require the express and signed agreement of the Contracting Parties.

11.3 Spanish law shall apply to this Agreement and its execution.

12. Modification of Terms and Conditions.

12.1 The CONSULTANT reserves the right to modify the present Terms and Conditions. The present Terms and Conditions shall always remain at the disposal of the CLIENT and users so that, at any time, they may consult them.

12.2 In any case, the Terms and Conditions in force from time to time shall be binding and shall bind the CLIENT and the CONSULTANT.

13. Confidentiality.

13.1 Confidential Information is any information of any nature disclosed within the framework of the negotiation, conclusion or execution of the contract (regardless of whether such communication is oral, written, on magnetic media or any other computer, graphic or any other mechanism of any nature whatsoever). This information, its copies or reproductions shall be considered as "Confidential Information" for the purposes of the contract, with the exception of that information with respect to which it can be demonstrated that:
(a) It was in the public domain at the time of disclosure; or
(b) It came into the public domain after disclosure to the other party, by publication or otherwise; or
(c) It has been provided to the other party by third parties without breach of any obligation of confidentiality; or
(d) It has been compulsorily disclosed by either party as a consequence of any applicable law or judicial or governmental order, provided that it is communicated immediately and in writing to the other party.

13.2 The parties agree to the strict custody and safekeeping of the Confidential Information of the other party, as well as its non-disclosure or supply, in whole or in part, to any third party without the prior express written consent of the party that has provided it. The Confidential Information may not be used for any purpose other than that stipulated in this Condition.

The CONSULTANT undertakes to disclose the Confidential Information exclusively to those of its executives, employees, associates, contractors or professional consultants who need to know it in order to achieve the object of the contract, and provided that such executives, employees, associates, contractors and professional consultants are subject to confidentiality and non-use obligations, and are informed prior to disclosure, of the confidential nature of the information, as well as of the consequences and liabilities that the recipient of the same may incur for the infringement by such persons of the provisions of this point.

13.3 Without prejudice to the provisions of the preceding paragraphs, each party shall be responsible for the conduct of officers, employees, associates, contractors or professional consultants, and for the consequences that may arise therefrom in accordance with the provisions of the contract.

13.4 This duty of confidentiality shall extend for a period of one year, both for the CONSULTANT and for any of its employees or collaborators who have had access to the documentation.

14. Applicable Law and Competent Jurisdiction.

These Terms and Conditions shall be governed by Spanish law.

For the resolution of any dispute or controversy that may arise in connection with the interpretation or application of these Terms and Conditions, the parties, expressly waiving their own jurisdiction, if any, submit to the Courts and Tribunals of Madrid Capital.

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