Particular conditions for one-time services with estimated rates by quotation

The following translation is provided for informational purposes only. In the event of any inconsistency or conflict between this translation and the Spanish version (particularly due to translation details and delays), the Spanish version shall prevail.

These special terms and conditions extend our general terms and conditions:

1. Scope

This modality is applicable to the provision of consulting, advisory, development, customization, management, design, security, efficiency and/or web updating services.

2. Contracting process

2.1 Application

The requester requires GIGA4 to provide one of the Services that GIGA4 can offer in its catalog. This request is made through our contact form, email, videoconference, telephone conversation, or other means of communication.

It is the requester’s responsibility to ensure that his request is sufficiently detailed and truthful to be able to collaborate correctly.

GIGA4 will respond by accepting or denying this request, based on the conditions of point 2 of the general terms and conditions.

2.2 Advice

GIGA4 may collect and store the applicant’s name, e-mail address, telephone number, fiscal data and the details of the required service in order to advise the customer and to make possible further contacts.

GIGA4 may request the provision of additional data necessary to perform an analysis to assess the scope, feasibility or needs of the service provision, such as but not limited to: credentials, billing data, website statistics and traffic, employees’ telephone numbers, collaborators, etc.

If necessary, GIGA4 will be able to access the systems and code of the project, if provided by the applicant. In addition, GIGA4 will be able to download the code to review its operation on GIGA4 systems and with GIGA4 tools. GIGA4 will not make any modifications and therefore will not be liable for any issues arising during this timeframe.

GIGA4 will store this data securely and in accordance with the provisions of the Confidentiality and Personal Data Protection Agreement set out in our general terms and conditions.

GIGA4 reserves the right to charge the applicant a fee for the preparation of this initial assessment for requirements gathering, consulting and technical review.

GIGA4 will prepare a quotation to cover the needs or requirements that the applicant has requested and that GIGA4 can provide through its Services.

The quotation will be sent to the customer by email, including a link to access the quotation using the customer’s VAT number or telephone number as password.

The quotation will include a description of the work to be performed based on the data collected by GIGA4 from the Client and taking into account the feasibility and constraints of the project.

2.3 Consideration

The budget includes the value of the consideration in Euros for the execution of the indicated service, this value could be one or a conjunction of the following:

  • A single fixed value.
  • An approximate single value. The final value may depend on facilities or difficulties encountered during execution or details we do not yet know.
  • A range of approximate values. We are certain that the final value may depend on facilities or difficulties encountered during execution or details not yet known to us.
  • Several approximate values divided into phases in which some values depend on what has been done in previous steps or options chosen. These values in turn can be of the different types indicated here.

Other amounts in euros or other currencies for the acquisition of software or licenses necessary for the execution of the indicated.

As well as a payment plan to satisfy the consideration indicated.

2.4 Deadline

The budget includes:

  • An approximate time frame for the execution of the indicated.
  • An approximate start date for commencement of performance if the quotation is accepted on the same business day.

GIGA4 shall make every effort to provide the Services to the Customer on the agreed date, but shall not be liable for circumstances or events beyond its control, such as delay on the part of the Customer or its employees in providing response, remedies or making decisions, as well as delay, interruption or malfunction of the Services attributable to third parties, or acts or omissions of Public Authorities or force majeure.

In the event that the provision of the service is stopped due to one of these events, the project will be paused, freeing up the time reserve that GIGA4 has set aside for the development of this project. At the time of reactivation, the project would be rescheduled in the GIGA4 schedule to the nearest free space and counting on the time remaining from the time the project was stopped, the delivery date having been moved to a more distant date by simple mathematical obviousness.

In the event that the project is stopped for a cause attributable to the Client or its collaborators, GIGA4 reserves the right to apply the following:

  • In case the project is stopped for more than 6 months, a fee of 50€/month (+VAT) from that moment for the maintenance of the website in our development environment.
  • In the event that the project is held up for more than 18 months, the contract is terminated and the customer must pay GIGA4 the amount outstanding up to that time according to the progress of the project.

In the event that the project has not been delayed due to the above causes and its estimated delivery is delayed due to a cause attributable to GIGA4, the Customer may demand the following:

  • In the event that the project is delayed by more than 3 months, an indemnity of 5% of the amount paid for this project for each additional month of delay up to a maximum of 50% (10 months)
  • If the project is delayed by more than 13 months, the contract will be terminated and GIGA4 will have to pay the customer 100% of the amount paid for the project.

2.5 Acceptance

Acceptance of the provision of a service offered by GIGA4 by the applicant shall be deemed to have been given when the applicant so indicates to GIGA4 through the means of communication provided for this purpose and, if an initial payment is required, the applicant pays the consideration requested in accordance with the payment schedule provided.

2.6 Execution

After acceptance, GIGA4 will inform the customer of the new start date if this has been modified in the period between the preparation of the quotation and its acceptance.

The Client accepts the provision of the Services detailed in the quotation but not any other, the execution of tasks not detailed in the quotation will not be taken for granted.

During execution GIGA4 may present drafts or ideas and ask the Client for feedback or decision making to move the project forward.

It is possible that during the performance of the Service, GIGA4 or the Customer may become aware of the need to add, modify or remove requirements or tasks in such a way that may change the initial quotation. In which case, the development of the Service will be paused and we will return to item 1 of this procurement process.

2.7 Completion

When the tasks or services detailed in the quotation have been completed by GIGA4, the client will be notified by email, who will then have a period of 10 working days to approve the work performed.

During this period, the client may submit by email a report that will include possible corrections, bugs found and/or minor modifications that do not involve the start of a new service, as well as any questions regarding the work performed. This rectification process may be carried out once more, and the customer will have 2 revisions to request possible changes.

GIGA4 reserves the right to decide whether such requests for changes are part of the work specified in the initial quotation and should therefore be included in the quotation or whether a new contract would in fact be necessary to meet such changes.

Once the client has given the go-ahead or 10 working days have passed without any report from the client, the client will be asked for the final payment of the project, unless it has already been made before.

The project or service assignment is terminated at this time.