Legal

General Terms and Conditions of Contract

1. Service provider

These conditions govern the contracting of services through bitacorasistemas.es, owned by Bitácora Sistemas, S.L. Hereinafter, “Bitácora Sistemas”.

For any enquiry relating to contracting, the customer may write to hola@bitacorasistemas.es or call 663 46 34 40.

2. Purpose and acceptance

These general conditions govern the provision of technology services by Bitácora Sistemas: plans and subscriptions, software development, technical support, consultancy, technical services, sale and assembly of equipment, creation and maintenance of websites and supplementary services.

Contracting any service entails full acceptance of these conditions, the specific information for the contracted service —including price, scope, duration and features— and, where applicable, the privacy policy and legal notice.

Where there is a quotation, commercial proposal, order or specific contract accepted by the customer, its conditions will prevail over these general conditions in matters they expressly regulate.

3. Contracting process

Before confirming an order or subscription, the customer may review the information provided, identify and correct errors in the data entered and check the total price, applicable taxes, billing frequency and the essential conditions of the service.

The contract will be concluded in Spanish. After contracting, Bitácora Sistemas will send confirmation by email or make a receipt available to the customer on a durable medium. Bitácora Sistemas will archive the contractual document for the period legally required, and it may be requested at administracion@bitacorasistemas.es.

4. Prices, taxes and invoicing

The prices for each service will be those published on the website, stated during the purchase process or set out in the accepted quotation.

For consumers, prices are always shown inclusive of taxes, as required by consumer legislation. For companies and professionals, quotations are stated excluding VAT, expressly indicating this in the quotation itself.

For subscriptions, the amount, billing frequency, duration and renewal or cancellation conditions will be disclosed before contracting. Bitácora Sistemas will issue the corresponding invoice in accordance with applicable legislation.

5. Payment methods

Depending on the contracted service and the available option, the following payment methods are accepted:

Bank card.
Bank transfer.
Direct debit.
Bizum.
Cash, only where expressly authorised and applicable.

The customer declares that the payment details provided are truthful and that they are authorised to use the selected payment method. Provision of the service may be conditional on actual receipt of payment, unless otherwise agreed in writing.

Any expenses, commissions or surcharges that may apply will be disclosed before contracting.

6. Subscriptions, renewal and cancellation

Subscription plans will have the duration and frequency stated in their details, order or commercial proposal. Unless expressly stated otherwise, they will renew automatically for successive periods equal to the initial period.

There is no minimum term. The customer may cancel renewal from their customer area or in writing to facturacion@bitacorasistemas.es, at least 30 days before the next renewal date. Cancellation does not entitle the customer to a refund of amounts already invoiced for the current period, unless applicable legislation or the specific conditions provide otherwise.

Bitácora Sistemas may update the prices or features of plans for future periods, giving reasonable advance notice and, in any event, before renewal. If the customer does not accept the change, they may cancel renewal before it takes effect at no cost.

7. Provision of services

Bitácora Sistemas will provide the services with professional diligence and in accordance with the contracted scope. Development, support, technical assistance or delivery times may depend on the customer providing the necessary information, access, materials, approvals and co-operation on time.

Requests exceeding the contracted scope will require prior acceptance of an additional quotation, timetable and conditions.

In web design or development projects, the customer will be responsible for the legality, accuracy and ownership of the content, images, text, trade marks and other materials they provide.

For repairs and technical services, the customer must back up their data before handing over the equipment. The conditions of the work are those of the accepted quotation or work order, as detailed in the legal notice.

8. Customer obligations

The customer undertakes to:

Provide complete, truthful and up-to-date information.
Use the services lawfully and in accordance with these conditions.
Keep their access credentials confidential.
Not use the services to infringe third-party rights, distribute malicious software or carry out unlawful activities.
Pay the amounts due within the agreed periods.

9. Support and maintenance

The applicable support conditions, channels, hours and levels will be those included in each plan, quotation or specific contract. Unless expressly agreed, uninterrupted availability of the services is not guaranteed: interruptions may occur due to maintenance, updates, technical incidents, security reasons or circumstances beyond Bitácora Sistemas's reasonable control.

10. Warranty for work and products

Repairs and technical work are covered by the commercial warranty stated in the quotation or work order. The warranty covers the repaired fault and the replaced part; it does not cover different faults, subsequent damage caused by knocks, liquids or misuse, or software problems caused by changes made by the customer or third parties.

The statutory conformity warranty provided for in the consolidated text of the General Law for the Protection of Consumers and Users applies to the sale of products to consumers: three years from delivery for goods and two years for digital content and services, unless legislation establishes another period. Lack of conformity must be reported to Bitácora Sistemas as soon as it is detected.

Second-hand or refurbished products may have a shorter warranty period, never less than one year, provided this is expressly agreed and disclosed before purchase.

11. Right of withdrawal

Where the customer is a consumer or user and the contract was made at a distance or away from the business premises, they have 14 calendar days to withdraw from the contract without giving a reason and without penalty. The period runs from conclusion of the contract for services, or from receipt of the product for goods.

If the consumer expressly requests that a service begin during the withdrawal period, they must pay the corresponding proportionate amount for the part of the service already provided. If the service has been fully performed with their prior express consent and with knowledge that they would lose the right of withdrawal once it was performed, that right will not apply under current legislation.

Withdrawal is also unavailable in legally excluded cases, including: goods made to the consumer's specifications or clearly personalised —such as a computer assembled to order—, sealed software or digital content that has been unsealed, and goods which by their nature cannot be returned.

To withdraw, it is sufficient to send an unequivocal statement to reclamaciones@bitacorasistemas.es, stating your name, order reference, contracted service or product and intention to withdraw. You may use the template below, although it is not compulsory. Bitácora Sistemas will acknowledge receipt without delay and refund the relevant amounts within a maximum of 14 calendar days using the same payment method as was used.

Withdrawal form template

For the attention of Bitácora Sistemas, S.L. — reclamaciones@bitacorasistemas.es
I hereby give notice that I withdraw from my contract for the sale of the following goods / provision of the following service: ______________
Ordered on / received on: ______________
Consumer's name: ______________
Consumer's address: ______________
Date: ______________
Signature (only if sent on paper): ______________

12. Intellectual and industrial property

Intellectual and industrial property rights in Bitácora Sistemas's tools, pre-existing code, methodologies, documentation, designs, trade marks and other elements will remain with their respective owners.

The assignment or licensing of rights in deliverables developed specifically for the customer will only take place on the terms set out in the quotation, order or specific contract, and after full payment of the amounts due.

13. Liability

Bitácora Sistemas will not be liable for damage arising from improper use of the services, incorrect information provided by the customer, actions of third parties, failures by external providers or force majeure circumstances.

Nothing in these conditions will limit the non-waivable rights of consumers and users or liability that cannot legally be excluded or limited.

14. Suspension and termination

Bitácora Sistemas may suspend or terminate the provision of a service, notifying the customer in advance wherever possible, in the event of non-payment, serious breach of these conditions, unlawful use or a risk to the security, integrity or continuity of the systems.

Termination does not release the customer from payment for services already provided or from obligations which, by their nature, must remain in force.

15. Data protection

Personal data processing is governed by the privacy policy published on the website. Where Bitácora Sistemas processes personal data on the customer's behalf, the parties will enter into the corresponding data-processing agreement.

16. Amendments to the conditions

Bitácora Sistemas may amend these conditions for legal, technical, operational or commercial reasons. The new conditions will be published on the website with their update date and will apply to subsequent contracts.

For subscriptions already in force, any material change will be notified to the customer within a reasonable period before it takes effect, and the customer may cancel renewal at no cost if they do not accept it.

17. Complaints

Complaints may be sent to reclamaciones@bitacorasistemas.es or to the postal address given in section 1, and will be answered as soon as possible. Bitácora Sistemas has official complaint forms available to consumers, who may also contact the competent consumer authorities.

18. Applicable law and jurisdiction

These conditions are governed by Spanish law. Where the customer is a consumer or user, any dispute will be submitted to the courts and tribunals with jurisdiction under applicable legislation, normally those of the customer's address.

If the customer acts as a company or professional, the parties expressly submit to the courts and tribunals of Barcelona, unless a mandatory rule establishes another jurisdiction.

19. Languages

This text is available in Spanish, Catalan and English. The Catalan and English versions are provided to make it easier to understand; in the event of any discrepancy, the Spanish version will prevail, as it is the contract version.

Any questions? Write to us at hola@bitacorasistemas.es or use the contact page. See also the legal notice and the privacy policy.