Terms and Conditions Website

Business Advice Spain is the trade name of Jochem Schoevers with tax number x4945280g and business address at 22 Calle de Ortega y Gasset, Madrid, 28001, Spain. These Terms and Conditions website apply to http://www.BusinessAdviceSpain.com. The visitor should not rely on the contents of this website as personal legal or other professional advice. Such advice should be obtained from a professional that has the adequate knowledge applicable in particular circumstances of the person in question.

The website contents also do not constitute an offer.

This website contains information about our services and areas of expertise. It is provided in order to present us to you and is subject to change without notice.

B.A.S does not accept any responsibility whatsoever for any loss occasioned to any person no matter howsoever caused or arising as a result, or in consequence, of action taken or refrained from in reliance on any of the contents of this website.

If you have any questions or remarks about these Terms and Conditions website, please do contact us.

Our services are also subject to general terms and conditions. These are as follows:

Our Relationship with You
1. We will perform the Services using reasonable skill and care in accordance with the Spanish
Civil Code and any professional standards applicable to the performance of the Services.
2. We will provide the Services to you as an independent contractor and not as your employee,
agent, partner or joint venturer. Neither you nor we have any right, power or authority to
bind the other.
3. We alone will be responsible to you for the performance of the Services, and our other
obligations under this Agreement.
4. We will not assume any management responsibilities in connection with the Services. We will
not be responsible for the use or implementation of the output of the Services.
5. Business Advice Spain is the trading name of Jochem Schoevers a Dutch national with tax
identification number x4945280G and address at info@businessadvicespain.com.
Confidentiality
6. Except as otherwise permitted by this Agreement, neither of us may disclose to third parties
the contents of this Agreement or any information provided by or on behalf of the other that
ought reasonably to be treated as confidential and/or proprietary.
a) Either of us may, however, disclose such information to the extent that it:
b) is or becomes public other than through a breach of this Agreement,
c) is subsequently received by the recipient from a third party who, to the recipient’s
knowledge, owes no obligation of confidentiality to the disclosing party with respect to
that information was known to the recipient at the time of disclosure or is thereafter
created independently,
d) is disclosed as necessary to enforce the recipient’s rights under this Agreement, or
e) must be disclosed under applicable law, legal process or professional regulations.
Intellectual Property Rights
7. We may use data, software, designs, utilities, tools, models, systems and other
methodologies and know-how (“Materials”) that we own in performing the Services.
Notwithstanding the delivery of any Reports, we retain all intellectual property rights in the
Materials (including any improvements or knowledge developed while performing the
Services), and in any working papers compiled in connection with the Services (but not Client
Information reflected in them). Upon payment for the Services, you may use any Materials
included in the Reports, as well as the Reports themselves as permitted by this Agreement.
Data Protection
8. We may collect, use, transfer, store or otherwise process (collectively, “Process”) Client
Information relating to identified or identifiable individuals (“Personal Data”). You warrant to
us that you may lawfully provide us with such Personal Data.
9. We will Process such Personal Data in accordance with applicable legal and professional
requirements. We will engage any service provider, including but not limited to in accordance
with the requirements established by the data protection legislation.
10. When acting as a data processor and processing Personal Data on your behalf, we warrant
that such processing will be in accordance with your instructions and that we will: not Process
the Personal Data for a different purpose beyond the provision of the Services and the
purposes as described in these Terms & Conditions; implement appropriate technical and
organizational measures to protect the Personal Data; and destroy or return all Personal Data
held in any form and any support documents containing Personal Data of you upon
termination of this Agreement, subject to any applicable obligations.
Fees and Expenses Generally
11. You shall pay our professional fees and specific expenses in connection with the Services as
detailed in the applicable proposal. You shall also reimburse us for other reasonable expenses
incurred in performing the Services. Such expenses may consist of translators, registries,
couriers, notaries, apostilles, etc.
12. Our fees are exclusive of taxes or similar charges, as well as customs, duties or tariffs imposed
in respect of the Services, all of which you shall pay (other than taxes imposed on our income
generally). Payment is due within 15 days following receipt of each of our invoices.
13. We may charge additional professional fees if events beyond our control (including your acts
or omissions) affect our ability to perform the Services as originally planned or if you ask us
to perform additional tasks.
14. Retainer fees or periodically recurring fees shall be modified on a yearly basis according to
official Spanish inflation indexes.
Term
15. Our engagement may be terminated by either of the parties with 1 month notice after one year of service.
Limitations
16. You (and any others depending on you for whom Services are provided) may not recover from
us, in contract or tort, under statute or otherwise, any amount with respect to loss of profit,
data or goodwill, or any indirect damages in connection with claims arising out of this
Agreement or otherwise relating to the Services, whether or not the likelihood of such loss
or damage was contemplated. The total, aggregated damages claimed by you shall not
exceed three (3) times the fees actually paid for the Services that directly caused the loss in
connection with claims arising out of this Agreement or otherwise relating to the Services.
Force Majeure
17. Neither you nor we shall be liable for breach of this Agreement (other than payment
obligations) caused by circumstances beyond your or our reasonable control.
Governing Law and Dispute Resolution
18. This Agreement, and any non-contractual matters or obligations arising out of this Agreement
or the Services, shall be governed by, and construed in accordance with, the laws of Spain.
19. Any dispute relating to this Agreement or the Services shall be subject to the exclusive
jurisdiction of the Madrid courts to which each of us agrees to submit for these purposes.
Miscellaneous
20. Both of us may execute this Agreement, as well as any modifications to it by electronic means
and each of us may sign a different copy of the same document. Both of us must agree in
writing to modify this Agreement.
21. Each of us represents that the person signing this Agreement on its behalf is expressly
authorized to execute it and to bind each of us to their terms. You represent that your
affiliates and any others for whom services are performed shall be bound by the terms of this
Agreement.