General terms

These terms govern the website subscription service that Milimetric Marketing, S.L. (“we” or “us”) provides under the MilimetricWebs brand to the business or professional that takes it out (“the client”). They form part of the contract the client signs with the proposal, together with the specific terms (condicions particulars), the data processing agreement (encàrrec del tractament) and the SEPA mandate. If they conflict, the specific terms prevail.

1. What you’re signing up for

We build the client’s website, host it, maintain it and make the changes they ask for, in exchange for a monthly fee. What each plan includes is what is set out in the signed proposal.

• Includes: design and build of the website, copy, hosting, security certificate (SSL), backups, updates, hours of changes every month and the plan services set out in the proposal.
• Doesn’t include: anything not expressly set out in the previous point or in the signed proposal. For example: the domain, email accounts, an online shop, custom integrations with other software, professional photography, complete redesigns and advertising spend.
• Add-ons: anything the plan doesn’t include can be taken out separately if the proposal provides for it (for example, languages, modules, extra pages or email accounts with an external provider).

2. Businesses and professionals only

The service is aimed only at businesses and freelancers who take it out for their business activity. The client declares that they are contracting as a business or professional, not as a consumer.

3. Start, timeline and materials

• Start: the contract begins on the day the client signs the specific terms and the SEPA mandate. From that day the monthly fee is charged, even if the website hasn’t been published.
• Timeline: we usually publish in about 20 days from when we have the materials. The client sets the pace: the sooner they send us the materials and their feedback, the sooner they’ll have it.
• What the client must send us: we agree on this with the client at the start of the project. For example: information about the business (using the questionnaire we send them), the logo, any photos they have, the company details for the legal texts, access to the domain and, depending on the plan, access to the Google Business Profile and the first catalogue entries. There must always be a contact person who responds and reviews.
• Design revisions: the design proposal includes 2 rounds of feedback. Additional rounds count as hours of changes.
• If the materials don’t arrive: if we still don’t have them 60 days after signing, we may publish the website with the content available and complete it later using the hours of changes.
• If we’re running late: if, once we have all the materials, the website isn’t published within 30 days for reasons attributable to us, we won’t charge the next monthly fee until we publish it.

4. Duration and minimum term

• 12-month minimum term from the start date. We don’t charge for building the website at the start: the design, copy, set-up and initial SEO are spread over the first 12 monthly fees. That’s why this minimum term is needed for the project to be viable.
• After 12 months, the subscription continues month to month. The client can cancel by giving 30 days’ written notice.
• Cancellation before 12 months: the client pays the remaining monthly fees up to 12 months in a single payment, and the website is taken offline (clause 15).

5. Price, payment and review

• Prices: in euros, excluding VAT.
• In advance, like rent: the client pays for the month about to be used, not the one already used.
• SEPA direct debit: the first direct debit is collected on signing and covers up to the end of the month (pro rata). After that, on the 1st of each month. Payment is always monthly.
• Invoice: electronic, by email.
• Price review: the price stays the same for the first 12 months. After that, we may review it once a year, giving 30 days’ written notice. If the client doesn’t agree, they can cancel at no cost before it applies.
• Returned direct debits: bank charges are borne by the client (€[X] per direct debit). In addition, under Spanish Law 3/2004 on combating late payment, the debt accrues late-payment interest and compensation of €40 for collection costs.
• Type of mandate: B2B, the one used for transactions between businesses: once paid, the direct debit can’t be returned without cause. If the client’s bank doesn’t accept it, the CORE mandate is used; in that case, returning a direct debit is treated as non-payment (clause 6).

6. If a payment isn’t made

1. Day 1: the direct debit is collected. If it’s returned, we notify the client by email and collect it again.
2. Day 15: if it still hasn’t been paid, the website is deactivated and a maintenance page is shown. It’s reactivated once everything owed has been paid.
3. Day 60: if the debt is still outstanding, we may terminate the contract by giving written notice. The outstanding monthly fees up to the end of the minimum term remain payable.
4. 30 days later: the website is deleted from our servers (clause 15).

While the website is deactivated, the monthly fees continue to accrue.

7. Plan changes

• How to request one: in writing, with 30 days’ notice. The change applies from the next billing period.
• Moving up a plan: whenever the client wants. The minimum term doesn’t start again.
• Moving down a plan: only to a plan that keeps the features the website already uses. A website with an editing panel (Pro) can’t move to Essential. An Active Web or Growth plan can move to Pro: the services that are separate from the website itself (Google Business Profile, articles, reports, campaigns) are no longer provided.

8. Included changes

• Hours per month: those stated in the plan. They don’t roll over from one month to the next.
• How to request them: by email or through the client portal. We make them within 2 working days at most. If a request is large, we’ll give an estimate of the time first.
• What they include: copy, images, prices, opening hours, team, news and new pages using the blocks the website already has. Stock images or AI-generated images at no extra cost, with reasonable use.
• What they don’t include: anything not expressly set out in the previous point. For example, redesigns or new features, which are quoted separately.
• Extra hours: €[50] + VAT per hour, only with the client’s prior approval. They’re counted in [15]-minute increments.

9. Ownership

• Belongs to the client: the domain (always in their name), their brand and logo, the content they send us, the copy we write for their website and the enquiries it receives.
• Belongs to us: the design, code, templates, editing panel, client portal and the rest of the technical work. While the contract lasts, the client may use them for their website. Only what clause 10 provides for is handed over, and only if the client buys the website. The editing panel, client portal and other tools are not sold under any circumstances.
• Stock images: we license them for this website only. If the client wants to use them elsewhere, they must license them themselves.
• Rights to what the client sends us: the client warrants that they hold the rights to the logo, photos and texts they send us, and is liable for any third-party claims on that basis.

10. Purchase option and options after 12 months

Once the 12 months have been completed, the client can choose to:

1. Continue on their plan.
2. Switch to the Maintenance plan (price on request): the website stays online, with hosting, security and backups, but with no changes included.
3. Buy the website at the price in the specific terms. That price is fixed on the day of signing and goes down each year the client stays with us.
4. Cancel with 30 days’ notice (clause 15).

What is handed over on purchase: the website as it is, up and running, in files that can be hosted on any server:

• the corporate pages (home, services, about us, contact…);
• the pages that depend on our panel (properties, menu, news…), as a static version: they look the same, but can no longer be edited from the panel;
• the content and images.

What isn’t handed over: the editing panel, the client portal, the forms server or any other tools and technologies we use to make the website work. They are the property of Milimetric Marketing, S.L. and are not for sale. The forms are handed over without a connection to our server, and the client must connect them to their own. Stock image licences are not transferred.

We hand over the files within [15] days of payment at most. With the purchase, the subscription ends.

11. What we guarantee and what we don’t

We undertake to: do the work with professional judgement, keep the website online and up to date, back it up ([daily], kept for [30] days) and make changes within the timeframes in clause 8.

AI tools: we use artificial intelligence tools to support our work. The team reviews everything we do before publishing it and is just as accountable for it as if we hadn’t used them. These tools have no access to personal data. We never pass off anything generated with AI as real.

We don’t guarantee results. We build the website to work and bring in customers, but we don’t guarantee:

• any position on Google or any other search engine;
• any number of visits, enquiries, bookings or sales;
• any results from campaigns or ads.

This depends on factors we don’t control: the competition, changes to search engines, the market and the client’s own business.

Availability: we work to keep the website online at all times, but we can’t guarantee it 100%. There may be downtime for maintenance or due to provider failures (hosting, network, external services). When this happens, we’ll fix it as soon as we can.

Content: the client is responsible for the accuracy and legality of the information they publish (prices, offers, claims, permits). The basic legal texts we provide are for guidance only and are not legal advice.

Limit of our liability: if the client suffers a loss through our fault, we’ll pay them at most the amount of the monthly fees they’ve paid us in the previous 12 months. We’re not liable for indirect losses, such as sales or customers they may have lost (loss of profit or loss of business). This limit doesn’t apply if we’ve acted in bad faith or with gross negligence (dol o culpa greu).

12. Data protection

• The client’s data as our client: we process it as data controller, in accordance with our privacy policy.
• Data received by the client’s website (forms, portal, panel users): the client is the data controller and we are the data processor. This is governed by the data processing agreement attached to the contract.
• Legal texts and cookies on the client’s website: the client is responsible for keeping them up to date. By default, the websites don’t use tracking cookies. If the client wants analytics with cookies or ad tags, a consent manager is needed, which is quoted separately.

13. Portfolio and credit

We may show the client’s website in our portfolio and add a discreet link in the footer with the name of the service. The client can refuse in the specific terms or at any time, by email.

14. Misuse

We may deactivate the website without prior notice if illegal content is published on it, if it infringes third-party rights, if malware or spamming is detected, or if an authority orders it. We’ll inform the client as soon as we can.

15. End of the contract

Grounds: cancellation by the client (clause 4), purchase of the website (clause 10), non-payment (clause 6) or serious breach by either party.

What happens to the website:

• The website goes offline on the day the contract ends. If they haven’t bought it, the client is left without a website.
• During the following 30 days, the client can ask for their content: the copy and the enquiries received in a spreadsheet, and the images they sent us. Nothing else is handed over.
• After those 30 days, we delete the website and the personal data from our servers. We keep an internal copy of the design and code, which are ours, and the billing data required by law.
• Domain: it belongs to the client. If we manage it, we give them access or the transfer code.
• Any outstanding amounts remain payable.

16. If we stop providing the service

If we decide to close the service, we’ll give at least 3 months’ notice and hand the website over to the client at no cost, on the same terms as clause 10 (what is and isn’t handed over), so they can move it elsewhere.

17. Changes to these terms

We may change them by giving 30 days’ notice by email. If the client doesn’t agree, they can cancel at no cost before the changes apply. The terms in force, with their date, are always on the general terms page of our website.

18. Communications and signature

Email to the addresses in the specific terms is a valid channel for all communications under the contract, including cancellations. An electronic signature is as valid as a handwritten one.

19. Law and jurisdiction

The contract is governed by Spanish law. For any dispute, the parties submit to the courts and tribunals of the place where Milimetric Marketing, S.L. has its registered office.