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GENERAL TERMS OF SERVICE

 

  1. DEFINITIONS 

Services means the service to be delivered buy s under the Engagement Letter. 

Service Contract means the contract formed by the Engagement Letter and these General Terms together with any appended documents or other terms applicable to Services. 

Term means the bases that determine the legal relationship between the parties, included in this document.

Conditions means how the parties shall perform their obligations hereunder. 

Quote means the price and the project to be carried out agreed upon by both parties.

Project Change Request means the client’s request to modify the project in a way different from what was agreed between the parties.

Variation means modifications to be made within the project.

 

  1. SCOPE

These Terms of Use of the website establish the general conditions governing both access and navigation, as well as the use of the contents of this website.

The information contained in this website refers to the services marketed by THE AMAZINGFULL CIRCUS, S.L. The information published is only for illustrative purposes and in no way constitutes a binding offer that obliges the user to contract our services. THE AMAZINGFULL CIRCUS reserves the right to modify the information contained herein when it deems appropriate and without prior notice, not being responsible for the accuracy, inadequacy or authenticity of the information provided.

In turn, MOOD reserves the right to modify the content of this Terms of Use document. Therefore, the User must read this document carefully each time he/she intends to use the Website, as this and the conditions of use contained in these Conditions of Use of the Website may undergo modifications.

The provision of the service of this Web site is limited to the time at which the User is connected to the Web site or to any of the services provided through it.

 

  1. USE CONDITIONS

By simply accessing, browsing or using the website, you become a user. The user fully and unreservedly accepts the conditions contained in these Terms and Conditions.

The user undertakes to use the website, together with its services and contents, in a lawful manner, in accordance with current legislation, generally accepted uses, good faith and public order.

The user undertakes not to carry out any actions that may cause damage to the website, rendering it unusable, overloading it or deteriorating it in any way, or preventing other users from freely accessing, using or enjoying the website.

 

  1. OUR SERVICES

We will provide the services. The services will be delivered with reasonable skill and care. Where we consider it appropriate we reserve the right to substitute appropriately skilled staff or use sub-contractors or associates to perform the Services. We will inform you before doing so. We will remain liable for all actions and defaults of all such substitute parties. We will not knowingly do nor omit to do nor cause or permit anything which might detrimentally affect your good name and reputation or goodwill.

 

  1. YOUR OBLIGATIONS

You agree to pay for the Services at the rates, or in the sums, set out in the Quote. All payments must be made within the terms agreed in the Quote.

 

  1. CONFIDENTIALITY

Neither party will use or divulge or communicate to any person (other than to those whose province it is to know or with the other’s permission) any confidential information concerning the business or affairs or customers of the other of which the parties may become aware during the course of the relationship and both parties will use their best endeavours to prevent the unauthorised publication or disclosure of any such information. This obligation will cease to apply to any information which becomes public knowledge (without unauthorised disclosure) but will otherwise survive the termination of the relationship.

 

  1. IP RIGHTS

We shall retain ownership of the entire copyright and all other intellectual property rights in the product of the Services, whether oral or tangible, including all vested contingent and future rights of action and all other rights of whatever nature in and to the product of the Services whether now known or in the future created to which we are now or may at any time after the date of these Terms be entitled by virtue of or pursuant to any of the laws in force in any part of the world and, for the avoidance of doubt, we shall retain ownership of our working papers.

You agree that any audio-visual, visual, computer-based, or written materials, forms, programs, content, text, methods, ideas and concepts used by us in conjunction with the Services may not be reproduced or published in whole or in part by you unless expressly approved by us prior to their use, nor any derivative works be created.

You acknowledge that all of our proprietary information and know-how are protected by applicable copyright, trade secret and other laws.

 

  1. PAYMENTS

Payment terms for works will be set out in the accompanying Quote. The fees mentioned in the engagement letter represent our professional charges only and do not include any taxes, levies or any other imposts that may be apply under any applicable law.

Any disputed invoices must be disputed within 7 days of receipt of invoice. If any part of an invoice is disputed or queried by the Client, the payment of the remainder of the invoice shall not be delayed.

 

  1. DATA PROTECTION

Where necessary to enable us to deliver the Services we shall have your authority to process or arrange for the processing of personal data on your behalf. 

We may also process or arrange for processing of personal data to support the maintenance of quality and standards in our work or to facilitate the administration of our business or to support our infrastructure. 

We shall answer your reasonable enquiries to enable you to monitor our compliance with this clause.

 

  1. TERMINATION

Either party may terminate the Services Contract if:

  • The other commits any material or persistent breach of its obligations (which, in the case of a breach capable of remedy, shall not have been remedied within 30 days of receipt by the party in breach of a notice identifying the breach and requiring its remedy), or,
  • The other becomes insolvent.

Termination must be effected by written notice served on the other end and will take effect on delivery of such notice (or on any later date which is specified in the notice). It will be without prejudice to the rights accrued before termination.

If the Services Contract is terminated for any reason, any sums then due to us will immediately become payable in full. We will also invoice for any other work completed or costs incurred whether or not they are subject to an issued Purchase Order, and such invoice(s) will also immediately become payable in full. On termination, you will promptly return to us all our materials, data and other property, in it’s case.

 

  1. GENERAL PROVISIONS

Neither party shall have the right to assign or sublicense or otherwise dispose of any part of the benefit or burden of the Services Contract without written consent of the other.

Failure by either party to exercise or enforce any rights available to each shall not amount to a waiver of any rights available.

Each clause or term of the Services Contract constitutes a separate and independent provision. If any of the provisions of the Services Contract are judged by any court or authority of competent jurisdiction to be void or unenforceable, the remaining provisions shall continue in full force and effect.

No variation of the Services Contract will be valid unless confirmed in writing by authorised signatories of both parties after the date of signature of the Statement of Works in question.

The Services Contract shall be subject to and governed by the law of Spain and all disputes arising from or under the Services Contract shall be subject to the exclusive jurisdiction of the courts of Barcelona.

A third party who is not party to these Terms shall have no right to enforce any term of these terms.

If THE AMAZINGFULL CIRCUS is delayed or impeded in the performance of his/her obligations by:

  1. any act or omission of the Client, its servants or agents, or
  2. by any circumstance that is outlined by a Variation, including but not limited to a Project Change Request, THE AMAZINGFULL CIRCUS shall be entitled to be paid any additional costs thereby incurred by him/her with an allowance for profit where specified in the accompanying Quote and, where appropriate, be allowed an extension of any time specified in which to complete any outstanding Services, or terminated the agreement in full.

 

  1. EXCLUSION OF LIABILITY

Responsibility for the use of this Website rests solely and exclusively with the User.

THE AMAZINGFULL CIRCUS is not responsible, in any case, for damages of any nature that may be caused by:

  1. The non-availability, maintenance and operation of the Website or its services or contents, since it requires supplies and services from third parties.
  2. Errors and omissions in the information published, as well as the lack of usefulness, suitability or validity of the Website or its services or contents to satisfy the needs, activities or specific results or expectations of the Users.

Access to the Portal does not imply any obligation on the part of THE AMAZINGFULL CIRCUS to control the absence of viruses or any other harmful computer element. It is up to the User, in any case, the availability of adequate tools for the detection and disinfection of harmful computer programs. THE AMAZINGFULL CIRCUS is not responsible for any damage caused to the computer equipment of Users or third parties during the use of the WEBSITE.

 

  1. LEGISLATION AND JURISDICTION

The Terms of Use of the Website are governed in each and every respect by Spanish law and the General Data Protection Regulation of the European Union. Any dispute arising from matters related to this WEBSITE shall be subject exclusively to the jurisdiction of the courts of the city of Barcelona.