Terms and Conditions

Please read these Terms and Conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
The following terms and conditions apply to all services including website development, software development, IT equipment sales, IT services, digital marketing, SEO and SEM positioning, design services and any other services on https://itglobalproject.com, (hereinafter SERVICES) provided by ITGP SOLUTIONS TECHNOLOGIES CONSULTING, SL ; (hereinafter the “IT GLOBAL PROJECT”) to the Client (hereinafter CLIENT), together with any relevant quotation provided to the CLIENT; by “IT GLOBAL PROJECT” (TERMS), unless otherwise agreed in writing.

Table of Contents

General Approach

For general PROJECTS we use the following steps:
  • After quote acceptance / closing, the start-up payment is processed to begin work. As required by the PROJECTS, we may conduct a scoping workshop to discuss the requirements in detail.
  • Once we have the branding details such as logo, images, branding materials and many other features, we will have a template or mockup for your review within 2 to 5 business days.
  • You can review the design and suggest improvements accordingly. Depending on your project, generally up to 3 to 5 design modifications can be made within the given estimates. Please refer to the assigned design and development schedules for details.
  • Once the design is finalized and approved, we will proceed with the development.
  • Once the design is done, if CMS is included in your project, we will proceed to configure your website in your selected Content Management System (CMS: WordPress, Prestashop, Joomla, others). Provide all the content and copy before the development phase.
  • Once the PROJECT is ready from our side, we generally hand it over to you for further review, testing and/or to upload/change content as needed.
  • At this stage, you must give us a start date so that we can make the new PROJECT live.
  • Your website can go live within 5-10 business days of Go Live approval, assuming accounts are clear. Please note that we require full payment prior to transferring the PROJECT on any external server.
  • Please note that there are limited man hours allocated on the PROJECT. For example: estimates for all websites under 1500 € are based on the assumption that the PROJECT will be completed in three to four business weeks, depending on the size of your PROJECT. Any additional delays may increase the costs of managing the PROJECT. If you do not believe that the PROJECT will be completed within this timeframe, please let us know before starting the PROJECT.
  • Also, generally speaking, going back and forth is time consuming. We recommend that you provide all necessary details, at the beginning of the PROJECT, to ensure that the project team’s time is used efficiently on your project and that you do not incur unnecessary additional costs.
  • You will be kept updated through emails and/or phone calls as required by the PROJECT. However, feel free to contact us whenever you need a status of the PROJECT. Also, always keep us updated with your relevant email addresses / contact details.
  • Once the PROJECT has been created live on the client’s domain, it is your responsibility to perform regular full backups and update all third-party components and software. In case of no maintenance agreement.
We consider ourselves very flexible and adaptable, and approach all requests with a “can do” attitude. If you need something changed, don’t hesitate to talk to us. Please contact us if you need more details or have any questions – we look forward to working together with you on your project!

Acceptance

Acceptance of a quote, purchase and/or use of the PROJECTS will be deemed acceptance of the TERMS.

It is not necessary for any CUSTOMER to have signed an acceptance of these terms and conditions for them to apply. If a CUSTOMER accepts a quote, the CUSTOMER will be deemed to have satisfied itself of the terms that apply and to have accepted these terms and conditions in full.

Charges

The charges for the PROJECTS are defined in the project quote that the CLIENT receives from IT GLOBAL PROJECT by email. Quotes are valid for a period of 15 days. IT GLOBAL PROJECT reserves the right to modify a quote or refuse to provide the relevant PROJECTS after the expiration of 15 days.

Unless otherwise agreed with CLIENT, all of our services require an upfront payment of a minimum of fifty (50) percent of the total project quote before work begins. A second payment of fifty (50) percent is required after the client review and design approval stage, with the remaining percentage of the total project quote due upon completion of the work, prior to uploading to the server or release the materials.

The Client agrees to reimburse GLOBAL IT PROJECT for any additional expenses necessary for the completion of the work. Expenses may include (but are not limited to) the purchase of domain names, special requirements, templates, licenses, stock photography and others.

All charges are exclusive of taxes (VAT).

Customer Review

IT GLOBAL PROJECT will provide the Client with the opportunity to review the appearance and content of the website during the design phase and once the overall development of the website is completed. Upon completion of the project, such materials will be deemed accepted and approved unless the Client notifies IT GLOBAL PROJECT otherwise within ten (10) days from the date the materials are available to the Client.

Response time and content control

IT GLOBAL PROJECT will install and publish or publicly provide the Client’s website on the date specified in the PROJECT proposal, or on the date agreed with the CLIENT when IT GLOBAL PROJECT receives the initial payment, unless the CLIENT requests a specific delay and agreed upon by IT GLOBAL PROJECT

In return, CLIENT agrees to provide IT GLOBAL PROJECT in a timely manner with all necessary cooperation, information, materials and data, access to personnel and timely decision making that may reasonably be required by IT GLOBAL PROJECT for the performance of the PROJECT. This will include the CLIENT delegating a single individual as the primary contact to assist IT GLOBAL PROJECT in progressing the commission in a satisfactory and expedient manner.

During the PROJECT, IT GLOBAL PROJECT will require the CLIENT to provide the PROJECT content; text, images, movies and sound files, along with any relevant background information.

Failure to provide required website content

IT GLOBAL PROJECT is a small and medium-sized company, and to remain efficient we must ensure that the work we have scheduled is done at the scheduled time. On occasion we may have to decline offers for other work and inquiries to ensure your work is completed at the agreed time.

That is why we request that the CUSTOMER provide all required information in advance. On any occasion where the Client’s PROJECT cannot be moved forward because we have not been provided with the required information within the agreed time frame and as a result we are behind schedule, we reserve the right to impose a surcharge of up to 25% of the Charges. If the PROJECT involves search engine optimization, we need the text content for the Client’s PROJECT in advance so that the SEO can be planned and completed efficiently.

If the CUSTOMER agrees to provide us with the required information and subsequently fails to do so within one week of the start of the PROJECT, we reserve the right to close the PROJECT and the remaining balance will be payable immediately. Simply put, don’t give us the go-ahead to start until you’re ready to do so.

NOTE: Text content must be delivered as a Microsoft Word document, email (or similar) with the pages in the supplied document representing the content of the relevant pages in your PROJECTS. These pages must have the same titles as the agreed PROJECTS. Please contact us if you require clarification on this point. Contact us LINK

Using our content management system, the CUSTOMER can keep its content up to date.

Payments and Refund Terms

  • All invoices must be processed on schedule through your preferred payment method.
  • A surcharge applies for payments made through PAYPAL or STRIPE. This is charged for credit card payments.
  • Bank Accou: All prices are quoted in euros or US dollars and do not include taxes unless specified. Transfer payments must be made within 5 business days of each payment schedule unless otherwise agreed. Final payment must be made before the PROJECT goes live.
  • Receipt of payment is considered acceptance of the quote, delivery, project and terms and conditions.
  • IT GLOBAL PROJECT reserves the right to negotiate and refund the appropriate part of the amount paid by the client for the requested service. If you cancel your order after making payment, but the work has not started, we will refund 75% of the payment you have already made. If the order is canceled after work has begun, the maximum refund or charge will be 50% of the invoice. There will be no refund or adjustments if cancellation is called when more than 50% of the work has been completed. All cancellations must be received in writing and can be sent by regular mail or email. Telephone requests regarding cancellations will not be accepted.

For minor or one-off works, payments must be made in advance or as per the TERMS mentioned in the invoice/proposal. If you require any changes to the TERMS, you must inform us in writing (emails accepted) within two business days of receiving them.

  • Fees and late fees: All outstanding invoices will incur a late payment fee of 10% of the outstanding amount and an administration fee of €5 per month, from the due date.
  • If you are late with a payment or have any questions regarding the Invoice, please contact the Account Manager immediately upon receipt of the invoice or reminder emails.
  • All communications/correspondences are usually done through emails. It is the customer’s responsibility to keep us up to date with their relevant email addresses.
  • Any payment related to the renewal or hosting of the domain name registration or any third party products or services purchased on behalf of the CLIENT must be paid in full and is non-refundable. For all renewal cancellations, we must be notified at least 30 days prior to the renewal date.
  • IT GLOBAL PROJECT generally builds and tests the PROJECT on our own servers or hosted domains. The PROJECT will be transferred to the designated third party server upon full payment of all invoices and fees
  • IT GLOBAL PROJECT will provide invoices upon completion, but before publishing the PROJECT live. Invoices are typically sent via email; however, CUSTOMER may choose to receive printed invoices. Invoices are due upon receipt.
  • The CLIENT agrees to reimburse IT GLOBAL PROJECT for any additional expenses necessary to complete the PROJECT. Examples would be the purchase of special fonts, stock photography, accessories, etc. This payment will be required prior to the purchase of additional required materials.

Web Browsers

IT GLOBAL PROJECT makes every effort to ensure that PROJECTS are designed to be viewed by the majority of visitors. IT GLOBAL PROJECT is designed to work with the most popular current browsers (e.g. Firefox, Microsoft Edge, Google Chrome, etc.). The CUSTOMER accepts that IT GLOBAL PROJECT cannot guarantee correct functionality with all browser software on different operating systems.

IT GLOBAL PROJECT cannot accept responsibility for PROJECTS that do not display acceptably in outdated versions or new versions of browsers released after the PROJECT has been designed and delivered to the CUSTOMER. As such, IT GLOBAL PROJECT reserves the right to quote for any work involved in changing the PROJECT design or PROJECT code to work with updated browser software.

Termination

Termination of services by CUSTOMER must be requested in written notice and will be effective upon receipt of such notice. Email or telephone requests for termination of services will not be accepted until and unless confirmed in writing. CUSTOMER will be invoiced for work performed (including expenses incurred, as described in the CHARGES clause) as of the date of first cancellation notice for full payment within thirty (30) days.

Indemnity

IT GLOBAL PROJECT services may be used only for legal purposes. CLIENT agrees to indemnify and hold harmless IT GLOBAL PROJECT against all damages, losses and expenses arising as a result of any and all actions or claims resulting from the client’s use of IT GLOBAL PROJECT’s service.

Intellectual Property

All content on this website is the property of IT GLOBAL PROJECT unless otherwise specified. IT GLOBAL PROJECT reserves the right to change content or policies without prior notice.

Copyrights related to the PROJECTS may be transferred to the CLIENT at an additional cost, after full payment of the PROJECTS and upon signing the Acceptance Certificate. IT GLOBAL PROJECT reserves the right to refuse the transfer of ownership if irregular circumstances arise.

The copyrights given to the CUSTOMER do not include the rights to reuse the code for another PROJECT or resell the programming codes for commercial or non-commercial purposes. In the event of business restructuring or change of ownership, ownership of the PROJECTS may transfer from one owner to another. New owners may not resell or reuse for any commercial or non-commercial purposes. IT GLOBAL PROJECT software is the property of IT GLOBAL PROJECT and may not be transferred to any external host.

In the event of a Webmaster change, site owners cannot display credits for the new PROJECT, unless the functionality and appearance of the PROJECT changes by more than 50% from our original work.

Confidentiality

Each party (the RECEIVING PARTY) will use its reasonable efforts to keep confidential all information and documentation disclosed by the other party (the DISCLOSING PARTY), before or after the date of these Terms, to the RECEIVING PARTY or of which the RECEIVING PARTY becomes aware that in each case it relates to any software, operations, products, processes, businesses, trade secrets or the business of the DISCLOSING PARTY (including, without limitation, all associated software, specifications, designs and graphics) or that the DISCLOSING PARTY identifies as confidential (the CONFIDENTIAL INFORMATION) and will not use any CONFIDENTIAL INFORMATION for any purpose other than the performance of its obligations under these TERMS. The RECEIVING PARTY will not disclose CONFIDENTIAL INFORMATION to any third party without the prior written consent of the DISCLOSING PARTY. This clause will survive termination of these TERMS for any reason.

During the term of these TERMS, the RECEIVING PARTY may disclose CONFIDENTIAL INFORMATION to its employees and subcontractors (such person is referred to as RECIPIENT) to the extent reasonably necessary for the purposes of these TERMS. The RECEIVING PARTY will ensure that each RECIPIENT is aware of and complies with all of the confidentiality obligations of the RECEIVING PARTY under these TERMS as if the RECIPIENT were a party to these TERMS.

The obligations of this CONFIDENTIALITY clause will not apply to any CONFIDENTIAL INFORMATION that is:

  • On the date of these TERMS already on, or at any time after the effective date of these TERMS, in the public domain other than for breach of these TERMS by the RECEIVING PARTY or any RECIPIENT;</ li>
  • Provided to the RECEIVING PARTY or any RECIPIENT without restriction by a third party having the good faith right to do so; or
  • Must be disclosed by the RECEIVING PARTY by law or regulatory requirements, provided that the RECEIVING PARTY gives the DISCLOSING PARTY as much notice as reasonably practicable of the requirement for such disclosure.

All tangible forms of CONFIDENTIAL INFORMATION, including, without limitation, all summaries, copies, extracts of any CONFIDENTIAL INFORMATION whether prepared by the DISCLOSING PARTY or not, shall be the exclusive property of the DISCLOSING PARTY and shall be promptly delivered by the RECEIVING PARTY to the DISCLOSING PARTY at the DISCLOSING PARTY’s request or termination of these TERMS (whichever is earlier). The RECEIVING PARTY will not copy, reproduce, publish or distribute the CONFIDENTIAL INFORMATION in whole or in part without the prior written consent of the DISCLOSING PARTY.

Data Protection

For the purposes of this clause, Data Protection Law means the General Data Protection Regulation (EU) 2016/679, the Data Protection Act 2018, any other data protection and/or privacy laws applicable to IT GLOBAL PROJECT, and any applicable law that replaces, amends, extends, re-enacts or consolidates the foregoing from time to time.

Both parties will comply with all applicable requirements of the Data Protection Law. This clause is in addition to and does not relieve, eliminate or replace a party’s obligations or rights under the Data Protection Law.

The CLIENT will comply with the Data Protection Law in relation to the collection, storage and processing of personal data (which will include you providing all required fair processing information and obtaining all necessary consent from data subjects), and the exercise and performance of its respective rights and obligations under these TERMS and conditions, including all instructions given by the CUSTOMER to IT GLOBAL PROJECT by maintaining all relevant records and regulatory notifications as required by the Data Protection Law.

The parties acknowledge that if IT GLOBAL PROJECT processes personal data on behalf of the Client in carrying out its obligations under this agreement, the CLIENT is the controller and IT GLOBAL PROJECT is the processor for the purposes of the Data Protection Law.

The scope, nature and purpose of processing by IT GLOBAL PROJECT, the duration of processing and the types of personal data and categories of data subjects are set out in our Privacy Notice and the project quote.

In relation to the processing of personal data under these TERMS and conditions, IT GLOBAL PROJECT must:

  • Process personal data on behalf of the Client only in accordance with the Client’s documented instructions as set out in this DATA PROTECTION clause (updated from time to time by agreement between the parties), unless required by applicable law; in such case, we will inform you of that legal requirement before processing, unless that law prohibits such information for important reasons of public interest;
  • Ensure that persons authorized to process personal data have undertaken confidentiality or are under an appropriate legal obligation of confidentiality;
  • Implement and maintain appropriate technical and organizational measures in relation to the processing of personal data; You hereby acknowledge that you are satisfied that our processing operations and technical and organizational measures are appropriate for the purposes for which you propose to use our services and undertake to process personal data;
  • Promptly forward all data subject requests we receive and, taking into account the nature of the processing, assist you with appropriate technical and organizational measures, to the extent possible, for the fulfillment of your obligation to respond to requests to exercise the data rights of the subject established in Chapter III of the GDPR;
  • Help you ensure compliance with obligations under Articles 32 to 36 of the GDPR, taking into account the nature of the processing and the information available to us and only in the event that you cannot reasonably be expected to comply with the requirements of articles 32 to 36 without our information and/or assistance (for example, you do not possess or do not have access to the requested information). We may charge you our reasonable costs for time and materials to provide you with such assistance;
  • Retain personal data in accordance with the retention periods set out in our Privacy Notice;
  • Make available to you all information necessary to demonstrate compliance with the obligations set out in Article 28 (3) and allow and contribute to audits, including inspections, carried out by you or another auditor ordered by you, provided that : (i) provide us with at least 7 days prior notice of a required audit or inspection; (ii) you give us a reasonable period of time to comply with any request for information; (iii) ensure that all information obtained or generated by you or your auditor(s) in connection with such information requests, inspections and audits is kept strictly confidential; (iv) ensure that such audit or inspection is conducted during normal business hours, with minimal disruption to our business; (v) no more than one audit and one request for information is permitted per calendar year; and (vi) pay our reasonable costs to assist with the provision of information and enable and contribute to inspections and audits;
  • Take reasonable steps to ensure the trustworthiness of any person to whom we allow access to personal data, ensuring that in each case access is limited to those persons who need to know or access the relevant personal data, as necessary for the TERMS; and
  • Notify CUSTOMER without delay (and if possible within 24 hours) of us or any subprocessor becoming aware of a personal data breach affecting personal data processed on behalf of Customer, providing CUSTOMER sufficient information to enable you to comply with any obligation to inform or inform data subjects of the personal data breach.

The CUSTOMER hereby gives consent to IT GLOBAL PROJECT to engage sub-processors for the processing of personal data on its behalf. We will inform the CUSTOMER before transferring any personal data processed on its behalf to a new subprocessor. After receiving such information, you must notify us if you object to the new subprocessor. If you do not object to the subprocessor within seven calendar days of receipt of the information, you will be deemed to have agreed to the subprocessor. If you have raised a reasonable objection to the new subprocessor and the parties have not agreed on a solution within a reasonable time, CUSTOMER shall have the right to terminate these TERMS with a notice period determined by CUSTOMER, without prejudice to any other remedy available under law or contract. During the notice period, we will not transfer any personal data processed on behalf of the Client to the subprocessor.

IT GLOBAL PROJECT shall enter into appropriate written agreements with all of its subprocessors on terms substantially similar to these TERMS. We will remain primarily responsible to CUSTOMER for the performance or non-performance of subprocessors’ obligations. At your request, we are required to provide information about any subprocessor, including the name, address and processing carried out by the subprocessor.

We will not transfer personal data processed on your behalf to a country outside the European Union that is not recognized by the European Commission to have an adequate level of protection in accordance with Data Protection Law unless the transfer is effected by such legally enforceable mechanisms) for transfers of personal data as permitted under data protection laws from time to time.

More information about: COOKIE POLICY

Standard Media Delivery

Unless otherwise specified in the PROJECT citation, these TERMS assume that CLIENT will provide any text in electronic format (text files delivered on USB drive or via email or FTP) and that all photographs and other graphics will be they will provide. gif, .jpeg, .png or .tiff format. While IT GLOBAL PROJECT will make every effort to return to CLIENT any images or printed materials provided for use in creating the PROJECTS, such return cannot be guaranteed.

A link to IT GLOBAL PROJECT will appear in small print or with a small graphic at the bottom of the Client’s PROJECT. If a graphic is used, it will be designed to fit with the overall design of the site. If a CUSTOMER requests that the design credit be removed, a nominal fee of 10% of the total development charges will apply. Where total development charges are less than €2,000, a flat fee of €200 will apply.

CLIENT agrees that the PROJECT developed for CLIENT may be featured in IT GLOBAL PROJECT’s portfolio, and hereby grants IT GLOBAL PROJECT a worldwide, perpetual, non-exclusive license to use its name, logo and brand for advertising activities, marketing and promotion.

Third Party Services

IT GLOBAL PROJECT designs and tests websites to work on its own servers, and cannot guarantee correct functionality if the CLIENT wishes to use a third-party server. In the event that CLIENT is using a third party server, it is the responsibility of CLIENT and any third party host to ensure that the server is compatible with the PROJECT. IT GLOBAL PROJECT will help the CLIENT to configure the server if necessary. However, this may be subject to additional charges.

If the Client PROJECT will be installed on a third-party server, IT GLOBAL PROJECT must have temporary read/write access to the Client storage directories, which must be accessible via FTP. Depending on the specific nature of the PROJECT, other resources on the server may also need to be configured.

Post-Placement Alterations

In the event that CUSTOMER wishes to make modifications to the PROJECT once installed, CUSTOMER agrees to give IT GLOBAL PROJECT the opportunity to quote to provide such modifications. The CUSTOMER has no obligation to accept the quote provided by IT GLOBAL PROJECT.

IT GLOBAL PROJECT cannot accept responsibility for any alteration caused by the CLIENT or a third party that occurs to the PROJECT once installed. Such alterations include, but are not limited to, additions, modifications or deletions.

Domain Names

IT GLOBAL PROJECT may purchase domain names on behalf of the CUSTOMER. Payment in relation to and renewal of those domain names is the responsibility of the CUSTOMER. Loss, cancellation or otherwise of the domain caused by late or non-payment is the responsibility of IT GLOBAL PROJECT. CUSTOMER must maintain a record of payment due dates to ensure payment is received on time.

Third Party Products

Any third party software that IT GLOBAL PROJECT agrees to provide will be provided in accordance with the standard terms of the applicable licensor. The one-time license fee for such third party software is included in the CHARGES payable in accordance with the CHARGES clause.

Digital Marketing

IT GLOBAL PROJECT will honor the components of your chosen digital marketing scope of work, providing an agreement for a minimum 3-month contract with monthly payments received upfront. In the event that payment is not received on time, we regret that work will be stopped until it is rectified.

IT GLOBAL PROJECT employs a fair use policy, which means that although we do not formally carry over any unused time to the next month or formally accumulate unused man hours, we understand that your needs may change from month to month, and we allow flexibility of good faith sometimes.

Any extra hours used may be billed separately. Any urgent tasks will be charged separately.

Responsibility

Nothing in these TERMS shall operate to exclude or limit either party’s liability for: (a) death or personal injury caused by its negligence; (b) fraud; or (c) any other liability that cannot be excluded or limited under applicable law.

IT GLOBAL PROJECT will not be liable under or in connection with these TERMS or any collateral contract for: (a) loss of income; (b) loss of actual or anticipated profits; (c) loss of contracts; (d) loss of business; (e) loss of opportunities; (f) loss of goodwill or reputation; (g) loss, damage or corruption of data; (h) any indirect or consequential loss; (i) loss or damage caused by any inaccuracy, omission, delay or error, whether resulting from negligence or otherwise in the production of the website; or (j) loss or damage to the Client’s artwork/photos supplied for the website, whether due to negligence or otherwise.

IT GLOBAL PROJECT’s entire liability to the CUSTOMER in respect of any claim or breach of these TERMS, whether or not arising from negligence, shall be limited to the charges paid by the PROJECTS under these TERMS in respect of which the breach has emerged

Divisibility

In the event that one or more of the provisions of these TERMS are held to be invalid, illegal or unenforceable, the remaining provisions of these TERMS will not be affected and the TERMS will not be void for this reason alone. Such invalid, illegal or unenforceable provision will be replaced by a mutually acceptable valid, legal and enforceable provision that most closely matches the intent of the parties underlying the original provision.

Applicable Law and Jurisdiction

These TERMS and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation will be governed by and construed in accordance with Spanish law of SPAIN.

Each party irrevocably agrees that the courts of Madrid will have exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these TERMS or their subject matter or formation.

Regarding Branding and Graphic Design Projects

IMPORTANT: For the delivery period to be valid, the client must deliver all the information and elements necessary to be able to start or continue with the project. Extra corrections or modifications are outside the reflected price and will be charged per hour worked, (€7/h). Printing prices are not included.

VAT EXEMPT.
Invoices exempt from VAT because they concern copyright as provided in article 20.26 of Law 37/1992 of December 28.

20.26.º Professional services, including those whose consideration consists of copyright, provided by plastic artists, writers, literary, graphic and photographic collaborators of newspapers and magazines, musical composers, authors of theatrical works and of plot, adaptation, script and dialogues of audiovisual works, translators and adapters.

Others

In addition to what was mentioned above, the user has the possibility of visiting the rest of our legal regulations at the following links:
Cookies Policy
Legal Notice
Privacy Policy