Terms and conditions

These general terms and conditions govern the contracting of Cumbreo’s services: web design and development, technical and local SEO, audits and maintenance plans.

Abbreviations used: LCGC – Ley 7/1998, de condiciones generales de la contratación (Spanish Standard Contract Terms Act); LSSI-CE – Ley 34/2002 (Spanish Information Society Services and E-commerce Act); TRLGDCU – Real Decreto Legislativo 1/2007, texto refundido de la Ley General para la Defensa de los Consumidores y Usuarios (Spanish Consumer Protection Act); CC – Código Civil (Spanish Civil Code); CCom – Código de Comercio (Spanish Commercial Code); LPI – Ley de Propiedad Intelectual (Spanish Intellectual Property Act); LEC – Ley de Enjuiciamiento Civil (Spanish Civil Procedure Act); LCD – Ley de Competencia Desleal (Spanish Unfair Competition Act); LGP – Ley General de Publicidad (Spanish General Advertising Act); LIVA – Ley del IVA (Spanish VAT Act); GDPR – Regulation (EU) 2016/679; LOPDGDD – Ley Orgánica 3/2018 (Spanish Data Protection and Digital Rights Act); AI Act – Regulation (EU) 2024/1689.

1. Provider

Arturo Jornet Espí, an individual working as a self-employed professional (autónomo), trading as “Cumbreo” · Tax ID (NIF) 48414534V · C/ Ademuz, 19, piso 3, puerta 9, 46180 Benaguasil (Valencia), Spain · hola@cumbreo.com · +34 672 864 386 · cumbreo.com (Art. 10 LSSI-CE and Arts. 60.2.b and 97.1.b-d TRLGDCU).

2. Services and contracting process

Web projects are contracted on the basis of a fixed written quote setting out the scope, deliverables, phases, deadlines and final price including taxes. Maintenance plans (Basic, Pro and Growth) are contracted on a monthly or annual basis (Arts. 60.2.a and c and 97.1.a, e and g TRLGDCU).

The process is as follows (Art. 27.1 LSSI-CE):

  1. You send us your request via the form or by email.
  2. We send you the quote or plan proposal, together with these terms.
  3. You can review it and ask us to correct any error in your details or in the order before accepting it (Art. 27.1.c LSSI-CE).
  4. You accept it expressly by email or by signing it. At that moment the contract is concluded (Arts. 1254 and 1262 CC and Art. 23 LSSI-CE). Your intention to contract must be unequivocal (Art. 62.1 TRLGDCU, as amended by Ley 10/2025).
  5. Within the following 24 hours we send you confirmation on a durable medium (email), with the quote and these terms (Art. 28.1 LSSI-CE and Art. 98.7 TRLGDCU).

We file the contract document and you may ask us for a copy (Art. 27.1.b LSSI-CE). The contract is concluded in Spanish (Art. 27.1.d LSSI-CE).

Websites are built in static HTML, CSS and JavaScript, with the help of automation and artificial intelligence tools. A person reviews every deliverable before it is published (Art. 60.2.a TRLGDCU; voluntary disclosure, Art. 50 AI Act).

3. Prices and taxes

4. Payment and delivery

4.1 Web projects (one-off payment).

4.2 Phases and deliverables (Art. 60.2.e TRLGDCU and Art. 1258 CC)

  1. Briefing: a meeting or questionnaire to define goals, content and references. You provide the materials (section 8).
  2. Design proposal: we present the design of the home page or key pages.
  3. Revisions: 2 rounds of changes to the proposal are included, plus one further round on the developed website. Additional rounds, or changes that alter the agreed scope, are quoted separately and only carried out if you accept them in writing (Arts. 1255 and 1256 CC, and Art. 85.3 TRLGDCU).
  4. Development and delivery: we deliver the website in a staging environment for you to review.
  5. Acceptance: you confirm it in writing (email). If you find errors or discrepancies with what was agreed, we will fix them free of charge and they do not count as a round of changes (Arts. 1101 and 1258 CC, and Arts. 114 et seq. TRLGDCU).
  6. Final payment and go-live: after payment of the remaining 50%, we publish the website on your domain and hand over the source code and access credentials.

4.3 Deadlines and delays

4.4 Deemed acceptance (businesses and self-employed only). If you are a business or professional and you neither report errors nor accept the delivery within 15 calendar days of our sending it, following a written reminder, the delivery will be deemed accepted (Art. 1255 CC and Art. 336 CCom). If you are a consumer, there is no deemed acceptance: acceptance will always be express, and your silence never implies agreement or causes you to lose your guarantee rights (Arts. 86.7 and 87 TRLGDCU, and Arts. 114 et seq. TRLGDCU).

4.5 Maintenance plans. These are paid in advance: at the start of each month on the monthly option, or at the start of each year on the annual option (Arts. 1255 and 1500 CC, and Art. 60.2.e TRLGDCU).

4.6 Payment methods, invoices and surcharges.

4.7 Late payment and suspension.

5. Changes included in the plans

6. Term, renewal and cancellation

7. Right of withdrawal (consumers only)

7.1 Period and method.

7.2 Refund. We will refund all payments received, including the deposit under section 4.1, without undue delay and no later than 14 calendar days from when you notify us of your decision. We will use the same payment method unless you expressly agree otherwise, and you will incur no costs (Art. 107.1 TRLGDCU).

7.3 Starting during the withdrawal period. We will only start providing the service within the 14 days if you expressly ask us to, on paper or another durable medium (Art. 98.8 TRLGDCU). If you then withdraw, we will deduct from the deposit only the amount proportionate to the part of the service provided until you notify us of your withdrawal, in relation to the total scope of the contract and calculated on the total agreed price. We will refund the rest (Art. 108.3 TRLGDCU). If you do not ask us to start, we will not begin until the period has ended, and if you withdraw you will recover the full deposit (Art. 108.4.a TRLGDCU).

7.4 Exceptions (Art. 103 TRLGDCU). You may not withdraw in the following cases:

Web design is a provision of services, so the applicable exception is the one in point a). The exception in point b) applies only to goods (Art. 103.c TRLGDCU).

7.5 Wording of the checkbox for the quote or plan sign-up (optional, not pre-ticked and on a durable medium; Arts. 98.8 and 103.a TRLGDCU):

7.6 Model withdrawal form (Annex B TRLGDCU and Art. 97.1.i)

Complete and return this form only if you wish to withdraw from the contract.

8. Client obligations and warranty regarding content

9. Intellectual property: the website is yours

9.1 Principle. The website we deliver is yours. Cumbreo creates it to your commission and, if you contract a plan, manages its content and maintenance on your behalf, without acquiring any rights over it or over your domain (Art. 51 LPI and Art. 1709 CC).

9.2 Assignment of rights.

9.3 Timing.

9.4 Moral rights. The author retains the inalienable moral rights (Art. 14 LPI). Cumbreo undertakes not to exercise them in a way that prevents or hinders exploitation of the website, including its modification (Arts. 14.4 and 99.b LPI, and Art. 7 CC, good faith).

9.5 Excluded elements. Only the following are excluded from the assignment:

9.6 AI-generated content.

9.7 Portfolio. We will only show your project (name, logo, screenshots and link) on our website and social media with your express written permission. You may withdraw it at any time, and we will remove it within 7 days at the latest (Arts. 2 and 7 of LO 1/1982, Art. 34 of the Spanish Trade Marks Act and Art. 6.1.a GDPR if personal data is included).

9.8 Data processor. While we host, maintain or manage the content of your website, we will act as processor of the personal data for which you are the controller (Art. 28 GDPR and Art. 33 LOPDGDD). We undertake to:

These terms are supplemented by the data processing agreement we will sign with you (Arts. 28.3 and 28.9 GDPR).

10. Domain and hosting

11. SEO and results

We apply technical and on-page SEO best practice, aligned with Google’s guidelines. Rankings depend on third parties, such as search engine algorithms and competitors, so we do not guarantee rankings, traffic or sales. The figures under “Targets” are technical targets, not commitments as to results (Arts. 5 and 7 LCD, Art. 3.e LGP and Art. 61 TRLGDCU, advertising forming part of the contract).

12. Accessibility

We build following accessibility best practice (target: WCAG 2.1 AA, standard UNE-EN 301549). If your business is subject to Ley 11/2023, de 8 de mayo, transposing Directive (EU) 2019/882 on accessibility requirements, or to other regulations, let us know and we will quote for a specific audit. Unless expressly agreed, we do not guarantee certified compliance (Art. 60.2.a TRLGDCU).

13. Liability

We provide our services with due professional diligence (Arts. 1101 and 1104 CC).

14. Termination of the contract

15. Data protection

We process your data in accordance with our privacy policy (Art. 13 GDPR). Where we act as processor of your website’s data, section 9.8 applies.

16. Customer service and complaints

17. Governing law and jurisdiction

These terms are governed by Spanish law. If you are a consumer, the courts of your place of residence will have jurisdiction, and submission to any other forum is not valid (Arts. 52.2, 52.3 and 54.2 LEC and Art. 90.2 TRLGDCU). In all other cases, the parties submit to the courts of Llíria (Valencia) (Art. 55 LEC).

18. Changes to these terms

Each contract is governed by the terms in force when it is concluded (Art. 1091 CC). Changes affecting ongoing plans are notified as set out in section 6 (Art. 85.3 TRLGDCU).

19. Force majeure

Neither party is liable for failures caused by unforeseeable or unavoidable events beyond its reasonable control (Art. 1105 CC), such as disasters, widespread power or telecommunications outages, large-scale cyberattacks on providers or decisions by the authorities. While they last, the affected obligations are suspended and the other party will be notified as soon as possible.

20. Prohibited uses

We will not develop or maintain websites with unlawful content or purposes, such as those infringing third-party rights, misleading advertising, fraud, hate, or content harmful to minors. If we are notified of, or detect, manifestly unlawful content, we may refuse to publish it or remove it after notifying you (Art. 16 LSSI-CE and Regulation (EU) 2022/2065, the Digital Services Act) and, if serious, terminate the contract under section 14.

21. Evidence, partial invalidity and language

The parties accept the accepted quote, the confirmation and archived electronic communications as evidence of the contract (Art. 24 LSSI-CE). If any clause is declared void, only that clause ceases to have effect and the remainder stays in force; in consumer contracts it will be supplemented in accordance with Art. 83 TRLGDCU. These terms are drafted in Spanish, which is the language of the contract; this English translation is provided for convenience only.

22. Artificial intelligence

The websites we deliver do not include conversational AI assistants unless agreed. If they did, users would be informed that they are interacting with an AI (Art. 50 of Regulation (EU) 2024/1689).

Applicable legislation