Terms of Conditions
These are the Terms and Conditions for Mallorca Pro Websites
07470 Puerto Pollensa
These terms and conditions apply to all services provided by Mallorca Pro Websites to customers. This includes websites, webshops, social media and other online and offline tasks.
The terms and conditions can only be deviated from by written binding agreement between Mallorca Pro Websites and the customer.
Conclusion of a binding agreement
Any agreement between Mallorca Pro Websites and the customer must be confirmed either through a contract or acceptance of content via email. The agreement contains an agreed price as well as any costs for supplements such as hosting, theme platforms and / or plugins (tools) or for offline tasks accordingly. In addition, an agreement is specified regarding the time horizon for delivery.
A task is only started after a prepayment of 50% of the price of the task and any costs. For larger agreements, several installments can be agreed.
Ordering a service is via Mallorca Pro Websites or by contacting our e-mail address. An offer submitted by Mallorca Pro Websites is valid for 14 days from the submission.
By entering into a binding agreement with Mallorca Pro Websites, the customer accepts our terms and conditions. Terms and conditions are accepted at the same time when paying a start-up invoice.
Payment, prices and fee
Payment is by bank transfer to Mallorca Pro Websites.
All prices are stated in EURO and must be subject to VAT. Prices do not include any payment fees, which are deducted separately by bank transfer. Mallorca Pro Websites does not charge a payment fee, so any payment fee will depend on the individual bank.
The applicable price is that which, for the item in question at the time of placing the order, is stated on Mallorca Pro Websites. If a product is not purchased that has a fixed price estimate on the websites, the price is agreed separately with Mallorca Pro Websites before initiating the task.
Payment is usually made in two equal installments, of which 50% of the amount is paid before starting work. However, costs are paid for the purchase of associated products such as web hosting, theme platforms and / or plugins as a supplement to the first payment. Upon transfer of the product, the remaining amount is paid as well as any agreed surcharges.
If a product is assessed to be of greater value and with a production duration of more than 3 weeks, a number of installments can be agreed along the way, with the first and last payment corresponding to the other payments. Other can be agreed in writing.
As the product is a service, there can be no refund on a delivered and approved product.
Mallorca Pro Websites submits an estimated bid at the time of delivery when entering into a binding agreement, or contacts the customer to agree further.
Mallorca Pro Websites strives to deliver all orders on time. However, delays may occur, as Mallorca Pro Websites provide services that may vary in scope and where the workload may not always be anticipated when ordering.
Mallorca Pro Websites therefore reserves the right to make delays. If Mallorca Pro Websites becomes aware that an order will take longer than expected, the customer will be contacted in order to make an agreement on a new delivery time.
Mallorca Pro Websites is not responsible for delays caused by circumstances beyond the control of Mallorca Pro Websites (force majeure). Including by i.a. strike, storm or other natural disaster, new legislation or change of legislation, technical problems or delays in services provided by a subcontractor due to the above circumstances.
As long as force majeure exists, Mallorca Pro Websites is exempt from fulfilling its obligations.
Complaints and cancellations
Mallorca Pro Websites provides services, and therefore the customer does not have a two-year warranty, which applies to the purchase of goods.
However, the customer has the right to have any damage or defects in the service repaired, if these can be attributed to the nature of the service. The customer cannot have damages or deficiencies repaired due to his own circumstances or other external circumstances for which Mallorca Pro Websites cannot be held liable under Spanish law. Any damage or defect must be reported immediately after the customer has discovered it.
Cancellation of an order can take place up to the time of payment. Once payment has been made, the work is considered to have commenced and the purchase can then not be undone. Below, the purchase of Clip Cards and similar products can not be undone after payment.
The production phase
The customer provides all agreed material and guidance regarding wishes for design and content for the relevant task to Mallorca Pro Websites. The customer undertakes to deliver texts, images and other agreed content to the best of his ability.
A task cannot be postponed without a written agreement due to lack of action from the customer. If this happens beyond 7 days from the agreed delivery of the product and after a written (e-mail) reprimand from Mallorca Pro Websites to the customer, the final invoice must be paid after another 7 days. In these situations, Mallorca Pro Websites always try to be solution-oriented, however, the right to agree on a new amount is reserved to complete the project.
If an agreed production has been delayed by the customer more than 3 months, an updated delivery with a date and a new price calculation for the task must be agreed in any case.
Mallorca Pro Websites and the customer communicate during the process regarding the development of the task.
Upon completion of the assignment, the website is handed over to the customer after an overall approval of the design and content. The customer then receives, at no extra charge, a 14-day support period, during which Mallorca Pro Websites make the adjustments and corrections that are deemed necessary and may be required within reasonable limits. During this period, there can be no question of re-design, as this has been approved at the transfer.
The customer cannot gain administrative access to a website, webshop or other online product until it is transferred. However, access can be agreed to correct and adjust pages, texts, images, etc.
If the customer wants access to the overall administrative part of a product, this must be agreed in writing with Mallorca Pro Websites, which disclaims responsibility for any negative impact on the part of the customer that may require restoration.
If customers request full administrative access to the website (here we mean administrative CMS module on the website itself and not via web hotel / hosting), then the task is considered delivered, and further corrections are made according to the principle "Good faith", which is not binding on Mallorca Pro Websites. This means that Mallorca Pro Websites will assist the customer with any corrections if the customer directly indicates his wish and it is within reasonable limits. A task is, when considered as delivered, to the full redemption of the remaining payment on the part of the customer.
After the transfer of a product, no claims can be made against Mallorca Pro Websites as the product is approved. If the customer has major changes, the case can be dealt with in writing between the parties. Mallorca Pro Websites will then try to rectify conditions that may have changed for an agreed service.
Transfer of third party products
If Mallorca Pro Websites in the process acquires the right to web hotel, domains or third party products, these can be transferred to the customer at any time. If Mallorca Pro Websites acquires such in its own name, it is solely to speed up the process.
Rights to work delivered
The customer has the right of use and ownership of the actual product that is handed over, in the sense intended for the agreed use of the product. However, the intellectual property rights in the development of the product belong to Mallorca Pro Websites, and products may not be copied for other use, transferred to another user or in any way reused without prior written agreement with Mallorca Pro Websites.
This includes design, development, patents, copyrights and any trademarks. A delivered product can be part of an overall brand.
Mallorca Pro Websites is in no way responsible for the incorrect or illegal use of the delivered product.
Mallorca Pro Websites or related brands basically have the right to have their name placed at the bottom of a product as a supplier thereof.
Mallorca Pro Websites cannot be held responsible for third party platforms, software, plugins etc. after delivery. Upon delivery, all delivered technology works, but later errors occur from third party suppliers, including hosting, claims against Mallorca Pro Websites can not be asserted. Mallorca Pro Websites cannot be held responsible for the third party influence on the website, including updates to the platform, software and plugins, which will be used later.
Below, Mallorca Pro Websites can not be held responsible for functions such as Email and synchronization between supplier and customers. Only limited support is provided for this, as it is beyond our control whether a vendor's server products are working properly.
Amtrup Web IVS does not take responsibility for products that are used incorrectly and that are not maintained according to a general industry standard. Furthermore, Mallorca Pro Websites cannot be held liable for errors, claims for damages or other legal claims arising from the fact that the customer has provided incorrect or incomplete information.
Likewise, Mallorca Pro Websites cannot be held responsible for changes in legal text and rulings that require changes in relation to GDPR content.
Once the customer has approved the final product, Mallorca Pro Websites is not responsible for errors, claims for damages or other legal claims that should arise from it.
If there is an annual payment for third-party deliveries, it is the customer's own responsibility to bear this expense. If Mallorca Pro Websites knows such an expense, it will be informed to the customer in the process. Mallorca Pro Websites is also not responsible for third parties changing their product and introducing payment. Such expense may not be imposed on Mallorca Pro Websites.
The customer can agree with Mallorca Pro Websites a fixed maintenance of the product at an agreed price.
Mallorca Pro Websites continuously strives to ensure that the content of our websites is updated correctly and adequately. However, Mallorca Pro Websites cannot guarantee that the content is 100% error free. Furthermore, Mallorca Pro Websites disclaims any responsibility for the use or misuse of information on the website.
Mallorca Pro Websites reserves the right, at any time, to change, delete, modify or withdraw information without notice and without liability for unintentional use.
Mallorca Pro Websites assumes no responsibility for links or references to external websites or information.
Especially regarding Operation & Support
This applies if a customer has an OPERATION & SUPPORT agreement with Mallorca Pro Websites
Mallorca Pro Websites cannot be held responsible for hacker attacks and other crashes, as they are most often due to external circumstances over which Mallorca Pro Websites have no control. The customer is therefore responsible for hacker attacks and crashes, which compromise their website and its content.
If you have an Operation & Support agreement with Mallorca Pro Websites, we keep the site updated according to industry standards, but we can not give a 100% guarantee, as even administrative users of the website can compromise its security. In the event of a crash, we offer restoration of the website based on the backups we have made. However, there may be an additional cost to clean the website.
If you have taken out an additional "Security" service, Mallorca Pro Websites takes responsibility for restoring a page in the event of a crash at no additional cost to a customer. However, claims for compensation regarding losses on revenue or otherwise are not claimed against Mallorca Pro Websites
If the customer has more than one website on his web hosting, then the above recovery at no cost to the customer does not apply. This is because any malware can be spread through websites and installations that are beyond our control. A recovery will therefore be billed to the customer.
Support on the GDPR is not included in a Drift & Support agreement, as textual content, legal material and other matters over time and through interpretations and rulings can change how setup and the legal layout are most optimal.
An operating agreement between the customer and Mallorca Pro Websites is continuous at agreed intervals, unless the agreement is terminated in writing no later than 30 days before the expiration date. The agreed intervals are usually 6 or 12 months.
If you are a Support customer at Mallorca Pro Websites, there must be a name and link to Mallorca Pro Websites at the bottom of the page.
Mallorca Pro Websites and the customer have a duty of confidentiality towards each other. This means that content in agreements and processes cannot be handed over to a third party or used in public discourse without the written party's written consent. However, Mallorca Pro Websites always have the right to market themselves as a manufacturer of services provided.
Mallorca Pro Websites strives to deliver a finished and usable service in accordance with the customer's wishes. Should any dispute arise regarding the service, this must be notified in writing to Mallorca Pro Websites so that Mallorca Pro Websites have the opportunity to come up with a solution that is in accordance with the terms and conditions.
Mallorca Pro Websites act in accordance with the applicable law at all times.
Mallorca Pro Websites, however, reserves the right to change legislation or new legislation, including any change in practice in the relevant areas.
Intellectual property rights
All intellectual property rights appearing on Mallorca Pro Websites' websites, such as trademarks and copyrights, belong to Mallorca Pro Websites. This applies to e.g. the texts and images that appear on the website.
Mallorca Pro Websites points out that abuse of Mallorca Pro Websites' intellectual property rights constitutes an infringement of Spanish law. Without the permission of Mallorca Pro Websites, it is thus forbidden to make use of the website's content, including full or partial copying of the content or storage of the content in addition to personal use. This means that the content may not be used for commercial use.
Mallorca Pro Websites need the customer's personal information in order to provide a proper service. Mallorca Pro Websites does not collect the customer's personal information without his express consent so that the customer is informed about what information is collected. Mallorca Pro Websites does not pass on the customer's personal information to third parties.
Mallorca Pro Websites uses a number of external suppliers who can access the customer's website if they need to remedy problems. Mallorca Pro Websites always secures the customer's personal information and that any external suppliers act in accordance with applicable law.
The customer's personal information is stored in Mallorca Pro Websites' customer directory and can be requested to be deleted at any time. The customer's information is stored with a view to Amtrup Web IVS being able to deliver the ordered service correctly.
Mallorca Pro Websites store the customer's information for as long as possible after registration, after which it is deleted.
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Mallorca Pro Websites uses Google Analytics. It can be turned off here.
Mallorca Pro Websites does not share user information with third parties.
Updated March 1, 2021
Puerto Pollensa - Palma D. Mallorca