Terms and conditions

These general terms govern the engagement of the professional services provided by Miguel Zumaquero Bernal (trading name Zumaquero Dev), with NIF 77193245R and address at C/ Espiritu Santo 23, Coín (29100), Málaga, through the website https://zumaquerodev.es or any other contact channel (email, phone or meeting).

The services include the design and development of corporate websites, online shops and mobile applications, as well as maintenance plans, technical support and related consultancy.

In the event of any contradiction between these general terms and the quote or contract signed for a specific project, what is agreed in the quote or contract always prevails.

No work begins without a prior, accepted quote. The quote details the scope, the deliverables, the price, the method of payment and the estimated timeline, and is valid for 30 calendar days from issue unless stated otherwise.

Acceptance of the quote may be given in writing, including by email, and amounts to acceptance of these general terms. From that moment the engagement is considered formalised and availability is reserved in the work schedule.

The free review offered on the website is an informational service with no obligation: it creates no obligation for the client to engage or for the provider to carry out the project.

Likewise, submitting the quote request form does not formalise any engagement or oblige anyone to engage: it is only a request for a proposal. The proposal sent in response is free of charge and only takes effect when the client expressly accepts it in the terms of the previous paragraph.

The prices published on the website are indicative and show a starting point (“from”); the final price is always the one in the accepted quote, set in euros.

Unless expressly stated otherwise, amounts are understood to be exclusive of VAT, which is added to the invoice at the legally applicable rate. Where applicable, the corresponding IRPF withholding will apply if the client is a business or professional required to apply it.

Not included in the price, unless expressly mentioned, are the third-party costs needed for the project: domain, hosting, software or template licences, stock images, payment gateway accounts, email services or app store commissions. You will be informed of them before they are contracted.

Unless otherwise agreed in the quote, projects are paid by bank transfer in two payments: a first payment on accepting the quote, which reserves availability and starts the work, and the remainder on delivery, before go-live or final publication.

Longer projects may be split into payments linked to milestones, as set out in the quote.

Maintenance plans are invoiced monthly and paid in advance. The hours included in each plan are used within the calendar month and do not carry over to the next month. Any work exceeding the plan's hours is quoted separately and is not invoiced without the client's prior approval.

Late payment of an overdue invoice entitles the provider to suspend the work and support until it is settled, and to claim the late-payment interest provided for in Spanish Law 3/2004 on combating late payment in commercial transactions where the client is not a consumer.

The timelines indicated in the quote are good-faith estimates and are counted from when two conditions are met: receipt of the first payment and the client's delivery of all the material needed (text, images, logos, access to domains, hosting and third-party services).

The client undertakes to appoint a point of contact, to respond to queries and approvals within a reasonable time and to guarantee that it holds the rights to the materials it provides. Delays attributable to the client extend the delivery timeline by the same amount.

Each quote includes one round of revisions on the deliverables, unless a different number is stated. Changes that expand the agreed scope are treated as additional work and quoted separately before being carried out.

The project is deemed delivered and accepted when the client approves it in writing or, failing that, once fifteen calendar days have passed since the deliverable was made available with no reasoned objections.

Once the total amount of the project has been paid, the client acquires the exploitation rights over the code and designs developed specifically for it, for use with no time or territorial limit within its activity. Until full payment, the rights remain with the provider.

Excluded from that assignment are the third-party components and open-source software incorporated into the project, which are governed by their own licences, as well as the provider's pre-existing tools, internal libraries and technical know-how, which the provider may continue to reuse in other projects.

The provider reserves the right to mention the project and to show screenshots of the result in its portfolio and in professional communications, unless the client states its objection in writing or a confidentiality agreement prevents it.

Every project includes a warranty period of 30 calendar days from delivery for the free correction of errors attributable to the development carried out.

The warranty does not cover new features, changes of scope, failures caused by changes made by the client or by third parties, outages or changes in external services, or problems arising from not applying the recommended updates. Those situations are handled within a maintenance plan or through a one-off quote.

If the client cancels a project that has already started, the work actually carried out up to the cancellation date will be invoiced and the first payment will be non-refundable, as availability was reserved and time was dedicated to the engagement.

Maintenance plans have no minimum commitment period: they can be cancelled by giving written notice at least fifteen calendar days before the next monthly renewal, with no penalty whatsoever.

Either party may terminate the relationship in the event of a serious breach by the other that is not remedied within a reasonable time following the corresponding request. The provider may also terminate the engagement if the client requests actions contrary to the law or to these terms.

Where the client engages at a distance as a consumer, that is, outside its business or professional activity, it has a period of fourteen calendar days from formalisation of the engagement to withdraw from the contract without needing to give a reason, under Spanish Royal Legislative Decree 1/2007 (TRLGDCU).

To exercise it, simply notify it unequivocally to info@zumaquerodev.es. If the client has expressly requested that the work begin within that period, it must pay the proportional part of the service already provided at the time of withdrawal; and it will lose the right to withdraw if the service has been fully performed within that period with its prior express consent.

Clients who engage as a company, sole trader or professional have no right of withdrawal, as they do not hold the legal status of consumer.

The provider is responsible for the correct technical execution of the contracted services. It is not responsible for the client's commercial results (sales, ranking or traffic), which depend on many factors outside the development, or for failures, outages or changes in the terms of third-party services contracted directly by the client.

Both parties undertake to keep confidential the non-public information they access in connection with the project, and not to disclose it or use it for purposes other than its execution. Where the provider accesses personal data for which the client is responsible, it will act as a data processor and the processing agreement provided for in article 28 of the GDPR will be signed.

The client is responsible for ensuring that the content and materials it provides are lawful and that it holds the necessary rights to them, and will hold the provider harmless against third-party claims arising from that content.

These terms are governed by Spanish law. The parties will try to resolve any disagreement in good faith before going to court.

Where the client is a consumer, the courts and tribunals of its domicile will have jurisdiction. It may also use the alternative dispute resolution systems for consumer matters: the consumer arbitration boards and the municipal consumer information offices, or the European Consumer Centres Network (ECC-Net) if it resides in another Member State. The former European online dispute resolution (ODR) platform ceased operating on 20 July 2025 following Regulation (EU) 2024/3228, so it is no longer an available route. In all other cases, the parties submit to the courts and tribunals of the city of Málaga, expressly waiving any other jurisdiction that might apply to them.

The legally binding version of this document is the Spanish one. This English translation is provided for convenience only; in case of any discrepancy, the Spanish version prevails.