Terms & Conditions | Legal Disclaimers & Service Policies

1. Introduction & Acceptance

By accessing www.marbellatechsolutions.com (the “Website”) or engaging our services (the “Services”), you agree to these Terms & Conditions (“Terms”). If you do not agree, please do not use the Website or Services.

Where we sign a proposal, quote, order form, or master services agreement (“Order”), that document prevails over these Terms to the extent of any conflict.

2. Definitions

• Client: the person or entity purchasing Services.
• Deliverables: any work product provided under an Order (e.g., code, configurations, documents, designs).
• Content: text, images, video, data, or other materials provided by you or created for you.
• Confidential Information: non-public information disclosed by either party that is marked or would reasonably be considered confidential.

3. Website Use

• The Website is provided “as is” for general information only and does not constitute advice.
• You must not attempt to gain unauthorised access, introduce malware, scrape at scale, or interfere with normal operation.
• We may modify, suspend, or withdraw the Website without notice.

4. Services & Engagement

Services include discovery, consulting, design, development, integration, migration, hosting assistance, security hardening, training, and support across the solution areas listed in Section 18. Each engagement is governed by an Order describing scope, fees, timeline, and acceptance criteria.

5. Client Obligations

• Provide timely access to information, systems, contacts, and decisions.
• Ensure you have rights to all Client-provided Content and data.
• Maintain current backups of your environments unless expressly included in our scope.
• Appoint a primary contact for decisions and sign-offs.

6. Fees, Invoicing & Taxes

• Fees are as stated in the Order. Unless specified otherwise, invoices are due within 14 days of issue. Late amounts may accrue interest at the statutory rate.
• Prices are exclusive of VAT and applicable taxes, which you shall pay.
• Hardware, third-party licences, cloud costs, app store fees, or payment gateway fees are billed separately unless explicitly included.

7. Change Requests & Out-of-Scope

Requests beyond the agreed scope will be estimated and, once approved, billed at our then-current rates. Timelines may be adjusted accordingly.

8. Intellectual Property

• Pre-existing IP (ours or third-party) remains with its owner. We grant you a non-exclusive licence to use such IP as embedded in the Deliverables for your internal business purposes.
• Custom Deliverables are assigned to you upon full payment, subject to embedded pre-existing IP and open-source licences.
• We may reuse general know-how, templates, and non-confidential methods.

9. Third-Party Services & Open Source

• Solutions may rely on third-party services (e.g., hosting, plugins, APIs, payment gateways, analytics). Your use of them is subject to their terms.
• Open-source components are used under their respective licences, which may impose conditions (e.g., attribution).
• We are not liable for outages, changes, or deprecations by third parties.

10. Warranties & Disclaimers

• We warrant that Services will be performed with reasonable skill and care.
• Except as stated, we provide no other warranties (express or implied) including fitness for a particular purpose or non-infringement.
• Complex systems inherently carry risk. No guarantee of specific commercial results (rankings, conversions, revenues, approvals) is given.

11. Limitation of Liability

• To the maximum extent permitted by law, we are not liable for indirect, incidental, special, or consequential loss; lost profits; lost data; or business interruption.
• Our total aggregate liability arising out of or related to the Services is limited to the fees paid by you for the specific Order giving rise to the claim in the 12 months preceding the claim.
• Nothing excludes liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded under applicable law.

12. Security, Backups & Data Loss

• We implement reasonable technical and organisational measures; however, no system is perfectly secure.
• Unless expressly included in an Order, you are responsible for backups and recovery planning.
• For repair works, migrations, or code changes, you must back up data and configurations before we begin. Data loss waiver applies (see 18.3).

13. Privacy, Cookies & Data Processing

Our Privacy Policy and Cookie Policy explain how we process personal data and use cookies. Where we process personal data on your behalf, a separate data processing agreement (DPA) may be required.

14. Acceptable Use Policy

• No unlawful content, harassment, infringement, or malware.
• No high-risk uses without written approval (e.g., life-critical systems).
• We may suspend services for AUP breaches to protect systems and users.

15. Support, SLAs & Maintenance

• Unless otherwise agreed, standard support hours are Mon–Fri, 09:00–17:30 CET excluding Spain public holidays.
• Response/Resolution targets and uptime apply only if specified in an Order or support plan.
• Emergency work outside hours may incur out-of-hours rates.

16. Suspension & Termination

• Either party may terminate for material breach not cured within 14 days of written notice.
• We may suspend for non-payment, security risks, or legal reasons.
• On termination, you must pay all amounts due. Ongoing licences or hosting by third parties remain your responsibility.

17. Governing Law & Disputes

These Terms are governed by the laws of Spain. The parties submit to the exclusive jurisdiction of the courts of Málaga, Spain, except that we may seek injunctive relief in any jurisdiction.

18. Service-Specific Schedules & Disclaimers

18.1 WordPress Setup & Maintenance

• We configure themes, plugins, security, and performance per the Order.
• Plugin/theme updates may introduce breaking changes. Rollback or fixes are out-of-scope unless on a maintenance plan.
• Licences for premium themes/plugins are the Client’s responsibility unless explicitly included.
• SEO outcomes are not guaranteed due to external ranking factors.

Related page: /wordpress-setup-maintenance/

18.2 WordPress Migration, Cloud & Hosting Support

• We plan and execute migrations with reasonable care; zero-downtime is not guaranteed unless expressly contracted.
• DNS/propagation and third-party host constraints may affect cutover windows.
• Hosting services are typically provided by third parties; their SLAs prevail.
• Backups before migration are required; we can assist if included in scope.

Related page: /wordpress-migration-hosting-support/

18.3 PC & Laptop Repairs

• Data Loss Waiver: hardware repairs and OS reinstalls carry a risk of data loss; ensure full backups before handover.
• Liquid/impact damage may have latent faults; no guarantee of full recovery.
• Third-party parts warranties are subject to supplier terms.

Related page: /pc-laptop-repairs-marbella/

18.4 Mobile App Development (iOS & Android)

• App Store/Google Play approvals are at the sole discretion of Apple/Google; we cannot guarantee acceptance.
• OS updates and device fragmentation may necessitate future maintenance.
• Push notifications, in-app purchases, or SDKs rely on third-party uptime and policies.

Related page: /mobile-app-development/

18.5 Excel, VBA, AI & Automation Tools

• Automations may depend on APIs subject to change, rate limits, or quotas.
• AI outputs can be probabilistic and may contain errors; human review is required for critical decisions.
• Macros/add-ins may be blocked by local IT policies or antivirus; Client to allow-list as needed.

Related page: /excel-ai-automation-tools/

18.6 E-commerce & Mobile Payment Integration

• Payment processing is provided by third-party gateways; their KYC and risk policies apply.
• PCI DSS: we are not a payment processor. You are responsible for PCI compliance of your environment and merchant account unless otherwise agreed in writing.
• Chargebacks, fraud screening, and settlement delays are outside our control.

Related page: /ecommerce-mobile-payment-integration/

18.7 C# / ASP.NET & API Development

• Interfaces and contracts will be documented; breaking changes require versioning and are out-of-scope unless planned.
• Self-hosted deployments are your responsibility unless we provide managed hosting.
• Environment parity (dev/stage/prod) is recommended to minimise risk.

Related page: /csharp-aspnet-api-development/

18.8 AI Blog & Content Writing

• Content is created for informational/marketing purposes. No legal, medical, or financial advice.
• We use reputable sources and originality checks, but you must review for factual, legal, and brand compliance before publication.
• Search engine rankings are influenced by many factors and cannot be guaranteed.

Related page: /ai-blog-and-content-writing/

18.9 Business Process Automation

• Workflow changes may impact roles and controls; Client is responsible for internal approvals and change management.
• Where RPA/AI interacts with third-party UIs, layout changes may require maintenance.
• Compliance (e.g., GDPR, accounting) within your organisation remains your responsibility.

Related page: /business-process-automation-solutions/

18.10 Home / Marketing Pages

• Website messaging is illustrative and may not list full capabilities or limitations.
• Portfolio items may include anonymised or representative examples.

Related page: /

19. Changes to These Terms

We may update these Terms to reflect changes in law or services. Material changes will be posted on this page with an updated “Last updated” date.