1. Application of Terms and Conditions
1.1 Scope and Binding Effect
- These Terms and Conditions govern all purchases of digital services and related goods provided by Hodeitek to its customers.
- By purchasing services or goods from Hodeitek, the customer agrees to be bound by these Terms and Conditions, as well as any other policies or agreements referenced herein or available on the Hodeitek website.
- The services and goods offered by Hodeitek are available for purchase by individuals and entities that are legally capable of entering into binding contracts.
- Customers must be at least 18 years of age or the age of majority in their jurisdiction, whichever is higher, to make a purchase from Hodeitek.
1.3 Nature of Services and Goods
- Hodeitek specializes in a broad range of digital solutions, including but not limited to web development, DevOps, digital marketing, branding, and e-commerce solutions.
- Goods related to these services may include software, digital tools, documentation, and other digital materials.
1.4 Modification of Terms
- Hodeitek reserves the right to modify or update these Terms and Conditions at any time. Such modifications will be effective immediately upon posting on the Hodeitek website.
- Continued use of Hodeitek’s services or purchase of goods following any such modifications constitutes acceptance of the new Terms and Conditions.
1.5 Communication and Notices
- All communications regarding the purchase of services or goods, including any notices or disclosures, will be made electronically, either through email or through postings on the Hodeitek website.
- The customer is responsible for ensuring that their contact information is up to date and for regularly checking their email and the Hodeitek website for notices.
1.6 Compliance with Laws
- The customer agrees to use Hodeitek’s services and goods in compliance with all applicable local, state, national, and international laws, regulations, and guidelines.
- Hodeitek’s services are not intended for use in any manner that would violate such laws, including, but not limited to, regulations related to privacy, intellectual property, export control, consumer protection, and competition.
1.7 Jurisdiction-Specific Terms
- Certain jurisdictions may have specific rules and regulations that apply to the purchase and use of digital services and goods. It is the customer’s responsibility to be aware of and comply with such regulations.
- Hodeitek may provide additional terms and conditions or policies to comply with specific legal requirements of different jurisdictions, which will form part of these Terms and Conditions.
2. Services Description
2.1 Comprehensive Digital Solutions
- Hodeitek offers a diverse array of digital services tailored to meet the evolving needs of businesses in the digital landscape. These services encompass a broad spectrum of digital expertise, including but not limited to:
- Web Development: Design and development of responsive, user-friendly websites, including e-commerce platforms, customized to client specifications. This encompasses front-end and back-end development, UX/UI design, and website maintenance and updates.
- DevOps Services: Implementation of DevOps methodologies for improved collaboration, efficiency, and faster deployment. This includes continuous integration, continuous deployment, automation, and cloud services integration.
- Digital Marketing: Comprehensive digital marketing strategies encompassing SEO (Search Engine Optimization), SEM (Search Engine Marketing), social media marketing, email marketing, content creation, and analytics to enhance online presence and engagement.
- Branding: Development of unique branding strategies, including logo design, corporate identity development, and brand positioning to establish and strengthen the client’s market presence.
- E-Commerce Solutions: Building and optimizing online stores, payment gateway integration, shopping cart development, and providing solutions for inventory management, product listing, and customer service enhancement.
- Cybersecurity Services: A new addition to Hodeitek’s portfolio, focusing on protecting clients’ digital assets and infrastructure. This service includes:
- Risk Assessment and Management: Evaluating the client’s digital ecosystem to identify vulnerabilities and potential threats, followed by developing strategies to mitigate these risks.
- Network Security: Implementing robust security measures to safeguard networks from unauthorized access, attacks, and breaches. This includes firewalls, intrusion detection systems, and secure network architecture.
- Data Protection: Ensuring the confidentiality, integrity, and availability of client data through advanced encryption, secure data storage solutions, and regular backups.
- Compliance and Regulatory Guidance: Assisting clients in navigating and adhering to relevant cybersecurity laws and regulations, such as GDPR for data protection.
- Incident Response and Recovery: Developing and implementing incident response plans to quickly address and recover from security breaches or cyber attacks.
- Employee Training and Awareness: Conducting workshops and training sessions for client employees to raise awareness about cybersecurity best practices, phishing scams, and safe internet usage.
- Continuous Monitoring and Updates: Providing ongoing surveillance of the client’s digital environment to detect and respond to threats in real-time, along with regular updates to security protocols to combat emerging cyber threats.
2.2 Customization and Tailoring
- All services are highly customizable to meet the specific needs and objectives of each client. Hodeitek works closely with clients to understand their unique requirements and tailor services accordingly.
2.3 Illustrative Descriptions
- The descriptions of services provided on the Hodeitek website, in brochures, or through other marketing materials are intended for illustrative purposes. They provide an overview of the capabilities and potential scope of services.
- Actual services delivered may vary based on the specific project requirements, client preferences, and technological advancements.
2.4 Service Evolution
- Digital services and technologies are subject to continuous evolution. Hodeitek is committed to staying abreast of the latest developments in the digital sphere and may update or enhance its service offerings accordingly.
- Clients will be informed of significant changes or improvements in services that may impact their ongoing or future projects.
2.5 Collaboration and Feedback
- Hodeitek values client input and encourages active collaboration throughout the service delivery process. Client feedback is integral to the customization and refinement of services.
2.6 Service Limitations
- While Hodeitek endeavors to meet all client expectations, certain service requests may be outside the scope of its expertise or capabilities. In such cases, Hodeitek will communicate limitations transparently and may provide recommendations for alternative solutions or third-party service providers.
2.7 Intellectual Property
- Hodeitek respects intellectual property rights and ensures that all services provided are compliant with applicable IP laws and regulations. Clients are responsible for ensuring that any content or materials they provide for use in the service delivery do not infringe on third-party intellectual property rights.
3. Customer Responsibilities
- Customers are required to actively cooperate with Hodeitek throughout the duration of the service engagement. This cooperation is essential for the effective and efficient delivery of services.
- Customers should promptly respond to requests for feedback, approvals, and decisions to ensure that project timelines are met.
3.2 Provision of Information
- Customers must provide all necessary and accurate information required for Hodeitek to deliver the services effectively. This includes, but is not limited to, business objectives, target audience details, design preferences, content, access credentials, and any specific requirements or constraints.
- It is the customer’s responsibility to ensure that the information provided is current, complete, and accurate.
3.3 Access to Resources
- Customers must provide Hodeitek with access to any systems, platforms, or resources that are necessary for the delivery of services. This may include website hosting accounts, domain management tools, existing marketing materials, data analytics accounts, and any other relevant digital assets.
- Ensuring secure and appropriate access is a critical aspect of the customer’s responsibilities.
3.4 Legal Compliance and Licenses
- Customers are responsible for obtaining and maintaining any necessary licenses, permissions, or consents required for the project. This includes, but is not limited to, copyright licenses for images and text, trademarks, and data protection consents.
- The customer must ensure that all content provided for use in the project is legally compliant and does not infringe on the rights of third parties.
3.5 Data Protection and Privacy
- In cases where personal data is processed as part of the services, customers must comply with applicable data protection laws, including the General Data Protection Regulation (GDPR) if operating within the EU.
- Customers should provide any necessary privacy notices and obtain all required consents from data subjects.
3.6 Security Responsibilities
- While Hodeitek implements robust security measures as part of its services, customers are also responsible for maintaining the security of their own systems and data. This includes implementing strong passwords, regular software updates, and following recommended security practices.
- Regular and clear communication between the customer and Hodeitek is key to the successful delivery of services. Customers should designate a primary contact person for communications related to the project.
- Customers are expected to provide timely feedback when requested by Hodeitek to avoid delays in the project timeline.
3.8 Financial Obligations
- Customers are responsible for fulfilling all financial obligations as agreed upon in the service contract. This includes timely payment for services rendered, in accordance with the agreed payment terms and schedule.
4. Personal Information
4.1 Collection of Personal Information
- Hodeitek collects personal information necessary to provide its services, which may include the customer’s name, contact details, billing information, and other relevant data.
- Information may be collected through various means, such as during the registration process, via direct communication with the customer, or through customer interactions with Hodeitek’s services and website.
4.2 Use of Personal Information
- Hodeitek uses personal information primarily to fulfill its service obligations, process transactions, communicate with customers, and improve service offerings.
- Personal information may also be used for internal purposes, such as data analysis, identifying usage trends, determining the effectiveness of promotional campaigns, and to evaluate and improve Hodeitek’s products, services, marketing, and customer relationships.
4.4 Consent to Electronic Communication
- By accepting these Terms and Conditions, customers explicitly consent to receive electronic communications from Hodeitek. These communications may include service updates, transactional messages, promotional offers, and other information related to Hodeitek’s services.
- Customers have the option to opt-out of receiving promotional communications, but transactional and service-related communications are deemed essential for the provision of services.
4.5 Data Protection and Security
- Hodeitek is committed to protecting the security of customers’ personal information. It employs a variety of security technologies and measures to help protect information from unauthorized access, use, or disclosure.
- Despite these measures, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while Hodeitek strives to use commercially acceptable means to protect personal information, absolute security cannot be guaranteed.
4.6 Data Retention
- Personal information will be retained for as long as necessary to provide the requested services, comply with legal obligations, resolve disputes, and enforce agreements.
- The criteria used to determine the retention periods include the duration of the business relationship with Hodeitek, legal and regulatory requirements, and statutes of limitations for legal claims.
4.7 Customer Rights and Access to Information
- Customers have certain rights regarding their personal information, such as the right to access, correct, or delete their personal data held by Hodeitek.
- Requests for access, correction, or deletion can be made by contacting Hodeitek directly. Hodeitek will respond to such requests in accordance with its legal obligations.
4.8 Changes to Privacy Practices
- If Hodeitek makes any material changes to its privacy practices, customers will be notified through the website or by other means so that they are aware of what information is collected, how it is used, and under what circumstances, if any, it is disclosed.
5. Basis of Sale
5.1 Ordering Process
- Customers can order Hodeitek’s services through the company’s website. This process involves selecting the desired service, providing necessary details, and submitting the order.
- The website will guide customers through each step of the order process, including service selection, customization options, and any other preferences or specifications.
5.2 Formation of Contract
- A contract between the customer and Hodeitek is formed when Hodeitek sends an order confirmation to the customer. This confirmation typically occurs after Hodeitek reviews the order and verifies the feasibility and availability of the requested services.
- The order confirmation will include details of the ordered services, pricing, estimated timelines, and other relevant terms and conditions.
5.3 Accuracy of Information
- Customers are responsible for ensuring that all information provided during the ordering process is accurate and complete. This includes contact information, service specifications, and any other pertinent details required to fulfill the order.
- Hodeitek is not responsible for errors or delays resulting from inaccurate or incomplete information provided by the customer.
5.4 Service Specifications
- The specific features and scope of the ordered services will be as described on the Hodeitek website at the time of the order or as otherwise agreed upon in writing between Hodeitek and the customer.
- Hodeitek reserves the right to make minor adjustments to the service specifications if necessary to comply with any applicable law, regulation, or safety requirement, or to make improvements to the services.
5.5 Price and Payment
- The price for the services will be set out on the Hodeitek website or as communicated to the customer during the ordering process. Prices are subject to change, but such changes will not affect orders that have already been confirmed by Hodeitek.
- Payment terms, including methods of payment and payment schedules, will be specified during the ordering process and included in the order confirmation.
5.6 Cancellations and Modifications
- Customers may have the option to cancel or modify their orders within a specified period, as detailed in Hodeitek’s cancellation and modification policy.
- Any requests for cancellations or modifications must be made in accordance with the terms set out in the policy and may be subject to certain conditions or fees.
5.7 Acceptance and Rejection of Orders
- Hodeitek reserves the right to accept or reject any order for any reason. Reasons for rejection may include, but are not limited to, unavailability of services, errors in the description or price of the service, or an error in the order.
- In the event of a rejection, Hodeitek will inform the customer promptly and will not charge the customer for the order.
5.8 Quotations and Estimates
- Any quotations or estimates provided by Hodeitek for its services are valid for a limited period as specified in the quotation or estimate. Hodeitek reserves the right to withdraw or modify a quotation or estimate at any time before an order is confirmed.
6. Fees and Payment
6.1 Fee Structure
- The fees for services and any associated goods offered by Hodeitek are clearly specified on the company’s website.
- The fees are determined based on various factors, including the type of service, the complexity of the project, the duration of the engagement, and any specific customer requirements.
- Hodeitek reserves the right to revise its fee structure, but such changes will not affect orders that have already been accepted and confirmed.
6.2 Price Changes
- Prices for Hodeitek’s services and goods are subject to change without prior notice. However, any changes will not affect orders that have already been confirmed.
- Hodeitek will endeavor to ensure that all pricing information on the website is accurate, but errors may occur. If an error in the price of services ordered is discovered, Hodeitek will inform the customer as soon as possible and offer the option of reconfirming the order at the correct price or canceling the order.
6.3 Invoicing and Payment Terms
- Upon order confirmation, Hodeitek will issue an invoice to the customer detailing the fees for the services or goods ordered.
- Payment terms, including due dates and accepted methods of payment (such as credit card, bank transfer, or online payment platforms), will be specified in the invoice.
- Customers are required to make payment in accordance with the terms set out in the invoice. Late payments may be subject to interest or late fees as detailed in Hodeitek’s late payment policy.
6.4 Advance Payments and Deposits
- For certain services or projects, Hodeitek may require an advance payment or deposit at the time of order confirmation. The requirement and amount of such advance payments or deposits will be communicated to the customer during the ordering process.
- Advance payments or deposits are generally non-refundable, except under specific circumstances outlined in Hodeitek’s refund policy.
6.5 Additional Charges
- Any additional charges, such as taxes, shipping costs for goods, or fees for extra services requested by the customer, will be itemized in the invoice.
- Customers are responsible for any additional charges incurred in relation to the services or goods provided.
6.6 Billing Discrepancies
- In case of any discrepancies or disputes regarding billing, customers should contact Hodeitek within a specified period after receiving the invoice.
- Hodeitek will investigate any disputed charges and resolve the matter in accordance with its dispute resolution policy.
6.7 Refunds and Credits
- Hodeitek’s policy on refunds and credits will be applicable as detailed on the website or in the service agreement. Refunds or credits, if applicable, will be processed in accordance with the terms of this policy.
7. Delivery of Services
7.1 Timeframe for Service Delivery
- Hodeitek commits to delivering digital services within a reasonable timeframe, which is typically outlined in the service agreement or order confirmation.
- The specific delivery timeframe may vary depending on factors such as the nature and complexity of the service, client-specific requirements, and resource availability.
7.2 Service Delivery Process
- The process of service delivery will generally follow a structured approach, starting from initial consultation and requirement gathering, through to planning, execution, testing, and final deployment or delivery.
- Hodeitek will keep the customer informed about the progress of the service delivery and any significant milestones or phases.
7.3 Modifications to Delivery Timeline
- If there are any anticipated delays or changes to the delivery timeline, Hodeitek will promptly inform the customer and provide an updated timeframe.
- Delays may occur due to unforeseen circumstances, technical challenges, changes in project scope, or customer requests for modifications.
7.4 Client Cooperation
- Timely delivery of services also depends on the customer’s cooperation, including providing necessary information, approvals, feedback, and access to resources as required.
- Delays resulting from a lack of customer cooperation may impact the overall project timeline and may not be the responsibility of Hodeitek.
7.5 Quality Assurance
- Before final delivery, Hodeitek will conduct quality assurance checks and testing to ensure that the services meet agreed-upon standards and requirements.
- The customer will typically have an opportunity to review and approve the final output before the project is considered complete.
7.6 Completion and Acceptance
- Service delivery is deemed complete when the final service output is delivered to the customer and meets the criteria outlined in the service agreement.
- Acceptance of the delivered service will occur upon the customer’s confirmation that the service meets the requirements or after a specified acceptance period.
7.7 Post-Delivery Support
- Hodeitek may provide post-delivery support for its services, as specified in the service agreement. This support may include troubleshooting, maintenance, and minor updates.
- The terms and duration of post-delivery support will be outlined in the service agreement or as a separate support agreement.
7.8 Changes to Service Scope
- If the customer requests changes to the scope of the service after the project has commenced, Hodeitek will evaluate the feasibility of such changes and their impact on pricing, timeline, and delivery.
- Any agreed-upon changes will be documented in an amended service agreement or in a change order.
8. Risk and Title
8.1 Transfer of Risk
- The risk of loss or damage to any digital goods or services provided by Hodeitek transfers from Hodeitek to the customer upon the delivery or completion of the services.
- Delivery is deemed to have occurred when the digital goods or services are made available to the customer, such as through electronic delivery, completion of installation, or access to the services being granted.
8.2 Customer Responsibilities Post-Delivery
- Upon transfer of risk, the customer assumes full responsibility for safeguarding and correctly utilizing the digital goods or services.
- Hodeitek is not liable for any loss, damage, or deterioration of the digital goods or services due to customer mishandling, improper use, or failure to follow instructions or guidelines provided by Hodeitek.
8.3 Confirmation of Delivery
- Hodeitek may require the customer to confirm receipt of the digital goods or services. This confirmation is an acknowledgment of the transfer of risk and may be required for record-keeping purposes.
- Failure to confirm receipt, unless otherwise communicated, will not delay or impede the transfer of risk.
8.4 Title to Digital Goods
- Title to any digital goods (such as software, licenses, or digital products) remains with Hodeitek until full payment for the goods has been received.
- Upon full payment, the title to the digital goods will pass to the customer, subject to any terms or restrictions associated with the goods, such as licensing agreements or usage rights.
8.5 Protection of Digital Goods
- Customers are advised to take reasonable measures to protect the delivered digital goods from loss, damage, or unauthorized access.
- This includes maintaining appropriate cybersecurity measures, backing up digital content, and complying with any license agreements or usage terms.
8.6 Reporting Issues
- Customers should report any issues related to the delivery, such as non-receipt, damage, or defects, to Hodeitek within a specified time frame after the expected delivery date.
- Hodeitek will address and resolve valid issues in accordance with the service agreement and its policies on returns, refunds, or replacements.
8.7 Intellectual Property Rights
- The transfer of digital goods does not include the transfer of any intellectual property rights associated with the goods, unless explicitly stated in the service agreement.
- Customers are granted a license to use intellectual property embedded in or associated with the digital goods, subject to the terms of the applicable license agreement.
9. Withdrawal, Returns, and Cancellation
9.1 Right of Withdrawal
- Under EU consumer protection laws, customers have the right to withdraw from a contract within 14 days without giving any reason. This right extends to customers of Hodeitek residing within the EU, including Spain.
- The withdrawal period will expire 14 days from the day of the conclusion of the contract for the provision of services, or from the day of the receipt of goods in the case of sales contracts.
9.2 Exercising the Right of Withdrawal
- To exercise the right of withdrawal, customers must inform Hodeitek of their decision to withdraw from the contract through an unequivocal statement (e.g., a letter sent by post, fax, or email).
- Hodeitek may provide a model withdrawal form, but its use is not obligatory.
9.3 Effects of Withdrawal
- Upon valid withdrawal, Hodeitek will reimburse all payments received from the customer, including the costs of delivery (if applicable), without undue delay and not later than 14 days from the day on which Hodeitek is informed of the customer’s decision to withdraw.
- Reimbursements will be made using the same means of payment as used by the customer for the initial transaction unless expressly agreed otherwise.
9.4 Return of Goods
- In cases where goods are provided, the customer shall send back or return the goods to Hodeitek without undue delay and in any event not later than 14 days from the day on which they communicate their withdrawal.
- The customer will bear the direct cost of returning the goods unless otherwise agreed or if Hodeitek has offered to bear the cost.
9.5 Cancellation of Services
- Customers may cancel service agreements with Hodeitek in accordance with the specific terms outlined in the service agreement.
- Cancellation policies will specify any applicable fees, notice periods, and other conditions associated with canceling the service.
9.6 Custom and Tailored Services
- The right of withdrawal may not apply to contracts for the supply of goods made to the customer’s specifications or clearly personalized, or for the supply of digital content which is not supplied on a tangible medium if the performance has begun with the customer’s prior express consent and acknowledgment that they thereby lose their right of withdrawal.
9.7 Exceptions to the Right of Withdrawal
- Certain services may be exempt from the right of withdrawal, including urgent repair or maintenance services where the customer has specifically requested a visit from Hodeitek for this purpose.
9.8 Refund Policy for Cancelled Services
- If services are canceled after the commencement but before completion, Hodeitek may charge a proportionate amount for the services provided up until the time of cancellation.
- The specific terms of any such charges will be outlined in the service agreement.
10. Right to Cancel
10.1 Cancellation Period
- In line with EU consumer rights, customers have a 14-day period to cancel their service contract with Hodeitek without providing any specific reason. This cancellation period applies from the day the contract is concluded.
10.2 Exercising the Right to Cancel
- To exercise the right to cancel, customers must inform Hodeitek of their decision through a clear statement. This could be via email, postal mail, or any other explicit communication channel.
- Hodeitek may provide a standard cancellation form to facilitate this process, but its use is not mandatory.
10.3 Conditions for Cancellation
- The right to cancel is subject to certain conditions, primarily related to the nature of the services and the timing of the cancellation:
- For services fully performed within the 14-day cancellation period, the right to cancel may be waived if the customer agreed to begin the performance of the service during the cancellation period and acknowledged the loss of the cancellation right upon complete fulfillment of the contract.
- For digital content not supplied in a tangible medium (e.g., software downloads, online courses), the right to cancel is also waived if the customer consented to begin the performance during the cancellation period and acknowledged the loss of the right to cancel.
10.4 Consequences of Cancellation
- Upon a valid cancellation, Hodeitek will refund all payments received from the customer, including, if applicable, delivery costs.
- The refund will be processed without undue delay and, in any event, no later than 14 days from the day on which Hodeitek is informed of the customer’s decision to cancel.
10.5 Refund Method
- The refund will generally be made using the same payment method that the customer used for the initial transaction, unless the customer expressly agrees otherwise.
- No fees will be charged to the customer as a result of the refund.
10.6 Partial Completion of Services
- If the performance of the service has begun with the customer’s prior express consent and acknowledgment that they will lose their cancellation right once the contract has been fully performed, Hodeitek is entitled to charge a proportional amount for the services provided until the time of cancellation.
10.7 Cancellation of Ongoing Services
- For ongoing services (e.g., subscriptions), the cancellation will take effect at the end of the current billing period, provided the notice of cancellation is given within the required timeframe.
11.1 Assurance of Quality and Compliance
- Hodeitek is committed to delivering services and digital goods that conform to the specifications, quality standards, and descriptions agreed upon in the contract with the customer.
- All efforts are made to ensure that services and products meet or exceed the expectations set forth at the time of the agreement.
11.2 Service Specifications
- The services provided by Hodeitek will be in accordance with the descriptions and specifications listed on the Hodeitek website or as otherwise explicitly agreed upon in the contract.
- Hodeitek ensures that the services are suitable for the purposes for which they are intended, as made known by the customer either explicitly or implicitly at the time of contracting.
11.3 Compliance with Applicable Standards
- Hodeitek adheres to relevant industry standards, regulations, and best practices in the delivery of its services and goods.
- Compliance includes, but is not limited to, data protection regulations, intellectual property rights, and consumer protection laws within the EU and Spain.
11.4 Notification of Non-Conformity
- Customers are encouraged to promptly notify Hodeitek of any non-conformity issues, such as discrepancies in service quality, errors, or defects.
- Hodeitek will take necessary corrective action to address any non-conformity issues in accordance with the terms of the contract and applicable law.
11.5 Remedies for Non-Conformity
- In cases where services or goods do not conform to the contract, customers are entitled to remedies which may include repair, replacement, a price reduction, or contract termination, depending on the nature and severity of the non-conformity.
- Hodeitek will endeavor to rectify any non-conformity in a timely and efficient manner, with minimal inconvenience to the customer.
11.6 Limitation of Liability
- Hodeitek’s liability for non-conformity will be limited to the terms explicitly set out in the contract and in accordance with applicable laws.
- Liability may be limited or excluded in certain circumstances, such as in cases of misuse or alteration of the delivered service or product by the customer.
11.7 Continuous Improvement
- Hodeitek is committed to continuous improvement of its services and goods. Customer feedback and experiences are valued inputs for enhancing service quality and customer satisfaction.
12. Duration, Termination, and Suspension
12.1 Contract Duration
- The duration of the contract with Hodeitek is typically outlined in the service agreement. It may be set for a specific period or be based on the completion of the services.
- For ongoing services or subscriptions, the contract duration may be indefinite, subject to periodic renewal terms as specified in the agreement.
12.2 Termination by the Customer
- Customers may terminate the contract under certain conditions, such as non-performance or breach of contract by Hodeitek. The specific conditions and required notice period for termination by the customer will be detailed in the service agreement.
- In case of termination, customers may be required to fulfill certain obligations, such as payment for services rendered up to the point of termination.
12.3 Termination by Hodeitek
- Hodeitek reserves the right to terminate the contract under specific circumstances, including but not limited to customer’s breach of contract, non-payment, or violation of laws.
- Hodeitek will provide notice to the customer in case of such termination, except in circumstances that warrant immediate termination to comply with legal requirements or to protect Hodeitek’s interests.
12.4 Consequences of Termination
- Upon termination of the contract, all rights and obligations of both parties cease, except for those rights and obligations that, by their nature, should survive termination (e.g., payment obligations, intellectual property rights, confidentiality).
- Hodeitek will provide the customer with any work or results completed up to the date of termination, subject to the terms of the service agreement.
12.5 Suspension of Services
- Hodeitek may suspend services if the customer fails to comply with the terms of the contract, such as failure to make timely payments or violation of policy terms.
- The suspension will continue until the issue causing the suspension is resolved. Hodeitek will notify the customer of the suspension and the conditions for reinstating the services.
12.6 Rights Upon Suspension
- During suspension, the customer may be restricted from accessing certain services. Hodeitek will not be liable for any damages or loss incurred by the customer due to suspension under these terms.
- If the reasons for suspension are not resolved within a reasonable timeframe, Hodeitek may proceed to terminate the contract.
12.7 Modifications to Services
- Hodeitek reserves the right to modify or discontinue services, either temporarily or permanently, with adequate notice to the customer. In case of permanent discontinuation, Hodeitek will provide an alternative solution or a pro-rata refund for prepaid services.
13. Privacy and Data Protection
13.1 Commitment to Data Protection
- Hodeitek is committed to protecting the privacy and security of personal data in compliance with the GDPR and other applicable data protection laws in the jurisdictions it operates, including Spain.
13.2 Collection and Use of Personal Data
- Personal data is collected for specific, explicit, and legitimate purposes related to the services offered by Hodeitek. This may include client contact information, payment details, and other relevant data necessary for service provision.
- Data is processed in a manner that ensures appropriate security, including protection against unauthorized or unlawful processing, accidental loss, destruction, or damage.
13.3 Lawful Basis for Processing
- Hodeitek processes personal data based on lawful grounds, including the necessity of processing for the performance of a contract, compliance with legal obligations, the legitimate interests pursued by Hodeitek, or based on the data subject’s consent.
13.4 Data Subject Rights
- Individuals have rights concerning their personal data, including the right to access, rectify, erase, restrict processing, object to processing, and the right to data portability.
- Hodeitek provides mechanisms for individuals to exercise these rights and responds to such requests in accordance with GDPR requirements.
13.5 Data Security Measures
- Hodeitek implements appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including measures to prevent unauthorized access, alteration, disclosure, or destruction of personal data.
13.6 Data Sharing and Transfers
- Personal data may be shared with third-party service providers who assist in providing services. These third parties are contractually obligated to protect the confidentiality and security of the data and to process it only as instructed by Hodeitek.
- Any transfer of personal data outside the European Economic Area (EEA) is carried out in compliance with the GDPR, ensuring adequate levels of data protection.
13.7 Data Retention
- Personal data is retained only for as long as necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, accounting, or reporting requirements.
- After the retention period, personal data is securely deleted or anonymized.
13.8 Breach Notification
- In the event of a personal data breach, Hodeitek will notify the competent supervisory authority and, where necessary, the affected data subjects, in accordance with the GDPR requirements.
14. Governing Law and Jurisdiction
14.1 Applicable Law
- The contract between Hodeitek and its customers, including all matters arising from or relating to the contract, is governed by and construed in accordance with the laws of Spain. This applies regardless of the customer’s location or the place where the contract was entered into.
- Any disputes, claims, or controversies arising out of or in connection with the contract, including those relating to its validity, interpretation, performance, breach, termination, or enforcement, will be subject to the exclusive jurisdiction of the courts of Spain.
- This clause means that both Hodeitek and the customer agree to submit to the authority of Spanish courts for the resolution of any such disputes.
14.3 International Considerations
- For customers residing or operating outside Spain, the contract remains subject to Spanish law. However, Hodeitek remains respectful of the local laws and consumer rights that may apply to international customers under mandatory provisions of their local jurisdiction.
14.4 Dispute Resolution
- Before initiating formal legal proceedings, Hodeitek encourages customers to seek an amicable resolution of disputes. This may involve negotiation or mediation as a first step to resolve any issues in good faith.
- Customers are advised to contact Hodeitek directly to discuss any concerns or disputes that may arise, with the aim of reaching a mutually satisfactory solution.
14.5 Compliance with Local Laws
- While the contract is governed by Spanish law, Hodeitek is committed to complying with the legal requirements of the jurisdictions in which it operates, especially regarding consumer protection, data privacy, and e-commerce.
14.6 Specific Exclusions
- If any part of these Terms and Conditions is found to be invalid or unenforceable under the law of a particular jurisdiction, that part shall be deemed severed from these Terms and Conditions for that jurisdiction only and shall not affect the validity and enforceability of the remaining provisions.
Compliance with EU Directives
- Hodeitek ensures adherence to EU Directives concerning digital content and services, safeguarding consumer and trader rights.