General Terms and Conditions — Horchata Labs
1. Payment
Horchata Labs charges and collects payment in advance for the use of its services. Any monthly service fees are due at the beginning of each month. Prices exclude taxes or applicable fees, which are the Client’s responsibility. Services may be suspended if payment is more than 10 days late.
The Client agrees to provide complete and accurate billing and contact information, including legal or trade name, VAT number, email, and authorized billing contact phone number, and to update this information within 30 days of any change.
2. Late or Non-Payment
If payment is not made within 30 days of invoice issuance, a 2% monthly (24% annual) interest may be applied. Accounts over 60 days past due may be suspended, terminated, or sent to collections.
3. Reporting
Horchata Labs will make reasonable efforts to provide status updates and progress reports regarding contracted services.
4. Compliance and Responsibilities
Platform and policy changes by third parties may affect performance. The Client is ultimately responsible for complying with applicable laws and regulations, including accessibility, data protection, and e-commerce.
Horchata Labs does not guarantee uninterrupted or error-free operation. All risks related to the use of services are borne by the Client. Horchata Labs shall not be liable for indirect, incidental, or consequential damages, including lost profits.
5. Client or Third-Party Modifications
Horchata Labs is not responsible for changes made by third parties or the Client. Any required corrective work will be billed at Horchata Labs’ standard hourly rate.
6. Unauthorized Use and Licensing
The Client agrees to hold Horchata Labs harmless from claims arising from unauthorized use of materials or intellectual property. Any necessary licensing fees or royalties are the Client’s responsibility.
7. Client Warranties
The Client represents that it has full authority to enter into this agreement and is solely responsible for its goods and services. Horchata Labs is not the Client’s distributor or representative and assumes no liability for published content or advertising results.
8. Data Protection (GDPR)
The Client is responsible for compliance with GDPR and any related Spanish or EU data-protection laws. Horchata Labs acts only as a data processor under the Client’s written instructions.
9. Indemnification
Each party agrees to indemnify and hold the other harmless from losses caused solely by its own negligence, breach, or misconduct.
10. Limitation of Liability
Except in cases of willful misconduct or gross negligence, Horchata Labs’ total liability shall not exceed the total fees paid by the Client in the twelve (12) months preceding the event giving rise to the claim.
11. Term and Termination
This agreement is effective upon acceptance and remains in force until project completion or termination of the monthly term. For ongoing services, it renews automatically unless either party provides 30 days’ written notice.
12. Force Majeure
Horchata Labs is not liable for delays or failures due to causes beyond its control, including technical failures, natural disasters, strikes, or regulatory changes.
13. Notices
All official communications shall be sent to: 📧 [email protected] 📞 +34 616 189 198
14. Governing Law and Jurisdiction
This agreement is governed by the laws of Spain, and any disputes shall be subject to the courts of Valencia, Spain.
15. Entire Agreement
This document and the applicable Work Plan (PDT) constitute the entire agreement between Horchata Labs and the Client, superseding all prior discussions or understandings.