GENERAL TERMS AND CONDITIONS FOR PROFESSIONAL SERVICES

Horchata Labs / Emilio Alberto Castellanos Abis

1. Identification of the Service Provider

1.1. These General Terms and Conditions govern the provision of professional services by Mr. Emilio Alberto Castellanos Abis, with N.I.F. 44558913F, acting in his own name and right as a self-employed professional, with professional address at [full professional address], email address [professional email], telephone [professional telephone], hereinafter, THE PROFESSIONAL.

1.2. THE PROFESSIONAL operates commercially under the brand, trade name, or commercial designation Horchata Labs.

1.3. For clarification purposes, Horchata Labs does not constitute a company, commercial entity, or legal person independent from Mr. Emilio Alberto Castellanos Abis, but rather the commercial brand under which THE PROFESSIONAL offers his services.

1.4. These General Terms and Conditions apply to contracts, proposals, estimates, work plans, orders, online forms, electronic acceptances, or equivalent documents signed or accepted by professional clients, companies, self-employed individuals, entities, or organizations, hereinafter, THE CLIENT.

1.5. These General Terms and Conditions are primarily intended for relationships between professionals or businesses. In the event of contracting with consumers or users, they must also be adapted to comply with Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Defense of Consumers and Users, and all other applicable consumer protection regulations.

2. Definitions

For the purposes of these General Terms and Conditions:

• a) “Agreement” means the set of documents formed by the PDT, estimate, proposal, work order, electronic acceptance, annexes, and these General Terms and Conditions.
• b) “PDT” means the work plan, short agreement, proposal, estimate, statement of work, service order, or specific document describing the contracted Services.
• c) “Services” means the contracted professional services, including, as applicable, digital strategy, web design, web development, SEO, digital marketing, branding, maintenance, content, automation, digital consulting, analytics, support, hosting management, social media, and related services.
• d) “Deliverables” means the materials, documents, designs, content, pages, configurations, reports, recommendations, or results that THE PROFESSIONAL must expressly deliver pursuant to the PDT.
• e) “Client Materials” means texts, images, logos, trademarks, databases, photographs, videos, credentials, documents, information, content, data, or materials provided by THE CLIENT.
• f) “Third-Party Platforms” means services not controlled by THE PROFESSIONAL, including Google, Meta, Facebook, Instagram, TikTok, LinkedIn, hosting providers, domain registrars, analytics tools, plugins, payment gateways, stock image providers, CMS platforms, APIs, social networks, email marketing tools, and other external providers.

3. Incorporation, Electronic Acceptance, and Clickwrap

3.1. These General Terms and Conditions shall be considered general contracting conditions for the purposes of Law 7/1998, of 13 April, on General Contracting Conditions, when incorporated into a plurality of contracts predisposed by THE PROFESSIONAL.

3.2. These General Terms and Conditions shall be incorporated into the Agreement when THE CLIENT expressly accepts them by signature, online acceptance checkbox, acceptance button, accepted estimate, signed PDT, email acceptance, or any other legally valid means.

3.3. Electronic acceptance shall be carried out in accordance with Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, Regulation (EU) No. 910/2014, eIDAS, and Law 6/2020, of 11 November, regulating certain aspects of electronic trust services, without prejudice to other means of proof admitted by law.

3.4. Before acceptance, THE CLIENT must have clear, free, and permanent access to these General Terms and Conditions, with the ability to download, store, and print them.

3.5. For acceptance by clickwrap, the acceptance checkbox must not be pre-checked and must include wording substantially similar to the following:

“I have read, understand, and accept the General Terms and Conditions for Professional Services of Horchata Labs / Emilio Alberto Castellanos Abis, available at https://horchatalabs.com/terminos-y-condiciones-generales, and I accept that they form part of the professional services agreement.”

3.6. THE PROFESSIONAL may retain technical evidence of acceptance, including date, time, IP address, user identifier, accepted version, URL, system logs, confirmation email, and a copy of the accepted terms.

3.7. In the event of any contradiction between the PDT and these General Terms and Conditions, the PDT shall prevail with respect to scope, price, schedule, duration, and specific commercial conditions.

4. Nature of the Relationship

4.1. THE PROFESSIONAL acts as an independent self-employed professional.

4.2. Nothing in the Agreement shall be interpreted as constituting an employment relationship, partnership, joint venture, agency, legal representation, general mandate, franchise, commercial distribution, brokerage, financial advice, tax advice, legal advice, or relationship of dependency.

4.3. THE PROFESSIONAL shall not be authorized to assume obligations, sign contracts, commit prices, legally represent THE CLIENT before third parties or authorities, or carry out regulated activities, unless expressly authorized in writing and in compliance with the applicable legal requirements.

5. Provision of the Services

5.1. THE PROFESSIONAL shall provide the Services with reasonable professional diligence and in accordance with the scope agreed in the PDT.

5.2. Unless expressly agreed otherwise, the Services constitute an obligation of means and not an obligation to achieve a specific result.

5.3. THE PROFESSIONAL does not guarantee specific search engine rankings, increases in traffic, sales, conversions, revenue, leads, followers, visibility, approval by third-party platforms, or specific commercial results.

5.4. THE PROFESSIONAL may adapt the methodology, tools, technical structure, and work sequence when he considers it reasonable for the proper provision of the Services.

5.5. The Services shall be provided primarily remotely, unless the PDT expressly provides for in-person services.

6. Obligations of THE CLIENT

6.1. THE CLIENT shall cooperate in good faith and provide, in a timely, complete, and truthful manner, the information, materials, access credentials, authorizations, approvals, and decisions necessary for the provision of the Services.

6.2. THE CLIENT shall be responsible for reviewing and approving all content, designs, forms, notices, advertising messages, publications, campaigns, profiles, emails, business data, and materials before their publication or use.

6.3. THE CLIENT guarantees that the Client Materials do not infringe third-party rights, are not unlawful, are not misleading, do not violate intellectual or industrial property rights, do not breach advertising regulations, and do not contain personal data processed unlawfully.

6.4. THE CLIENT shall be responsible for complying with all regulations applicable to its activity, including tax, commercial, data protection, consumer and user, intellectual property, advertising, unfair competition, electronic commerce, commercial communications, and sector-specific regulations.

6.5. THE CLIENT must inform THE PROFESSIONAL if its activity is subject to special sectoral regulation, administrative authorizations, advertising requirements, information obligations, professional restrictions, or supervision by a competent authority.

7. Scope, Changes, and Additional Services

7.1. The scope of the Services shall be the scope expressly indicated in the PDT.

7.2. Any service, functionality, integration, campaign, review, modification, translation, additional design, extraordinary support, urgent work, travel, additional content production, media purchase, paid advertising management, legal consulting, tax consulting, regulatory consulting, or third-party tool not expressly included in the PDT shall be considered outside the scope.

7.3. Out-of-scope services shall require written approval from THE CLIENT and may be invoiced at the rate of [●] € per hour, plus VAT or other applicable taxes, unless the Parties agree to another rate.

7.4. If THE CLIENT requests substantial changes after having approved a phase, content, design, structure, or deliverable, such changes may be considered additional services.

8. Fees, Taxes, Invoicing, and Expenses

8.1. THE CLIENT shall pay the fees indicated in the PDT, estimate, invoice, or accepted order.

8.2. Unless expressly stated otherwise, all fees are expressed in euros and do not include VAT, withholdings, charges, duties, bank fees, payment gateway costs, licenses, tools, domains, hosting, paid advertising, or third-party expenses.

8.3. THE PROFESSIONAL shall issue invoices in accordance with Royal Decree 1619/2012, of 30 November, Law 37/1992, of 28 December, on Value Added Tax, and all other applicable tax and electronic invoicing regulations.

8.4. Recurring, monthly, or maintenance fees shall be invoiced in advance, unless otherwise agreed.

8.5. THE CLIENT authorizes THE PROFESSIONAL to pass on third-party expenses approved by THE CLIENT, including domains, hosting, licenses, plugins, stock images, SaaS tools, paid advertising, translations, external technical services, and other necessary expenses.

8.6. THE PROFESSIONAL shall not be required to advance third-party expenses unless expressly accepted in writing.

9. Late Payment, Suspension, and Collection of Payments

9.1. THE CLIENT must pay invoices within the period indicated in the PDT or on the invoice. In the absence of a specific period, payment must be made within the legal period applicable under Law 3/2004, of 29 December, establishing measures to combat late payment in commercial transactions.

9.2. In the event of non-payment, THE CLIENT must pay the default interest and compensation for collection costs corresponding under Law 3/2004, without the need for prior notice where permitted by law.

9.3. If an invoice remains unpaid for more than ten calendar days from its due date, THE PROFESSIONAL may suspend the Services upon written notice.

9.4. If an invoice remains unpaid for more than sixty calendar days from its due date, THE PROFESSIONAL may terminate the Agreement, cancel or suspend access managed by THE PROFESSIONAL, and claim the amounts due judicially or extrajudicially.

9.5. Suspension for non-payment shall not release THE CLIENT from its obligation to pay for Services already provided, approved expenses, or accrued fees.

10. Deliverables, Review, and Acceptance

10.1. THE PROFESSIONAL shall deliver the Deliverables according to the reasonable schedule indicated in the PDT, subject to THE CLIENT’s timely cooperation and the availability of third-party platforms.

10.2. THE CLIENT shall have [5] business days from receipt of a Deliverable to review it and notify in writing any material defects, errors, or correction requests within the contracted scope.

10.3. If THE CLIENT does not communicate comments within that period, the Deliverable shall be deemed accepted.

10.4. Acceptance shall not prevent the subsequent correction of material technical defects that fall within the contracted scope and are reported within a reasonable period.

10.5. Requests involving a change of criteria, new functionalities, redesigns, extensions, or modifications not included in the scope may be invoiced as additional services.

11. Reports and Status Communications

11.1. THE PROFESSIONAL shall make commercially reasonable efforts to provide status updates regarding the Services.

11.2. Unless the PDT establishes a specific frequency, updates may be provided by email, video call, shared document, project management tool, or any other reasonable means.

12. Third-Party Platforms, Internet, and Availability

12.1. THE CLIENT acknowledges that part of the Services may depend on third-party platforms, internet infrastructure, social networks, search engines, hosting providers, domain registrars, analytics services, APIs, plugins, SaaS tools, and other external services.

12.2. THE PROFESSIONAL shall not be responsible for policy changes, suspensions, outages, errors, delays, rejections, limitations, blocks, algorithm changes, data loss, incompatibilities, or modifications made by third-party platforms.

12.3. THE PROFESSIONAL does not guarantee that websites, applications, profiles, forms, campaigns, or content will operate uninterrupted, error-free, virus-free, or be compatible with all existing browsers, devices, systems, or platforms.

12.4. When it is necessary to repair, restore, or reconfigure services due to actions by THE CLIENT, third parties, plugins, external platforms, unauthorized access, or modifications not made by THE PROFESSIONAL, such work may be invoiced as additional services.

13. Regulatory Compliance, Advertising, and Content

13.1. THE CLIENT shall be solely responsible for the legality, truthfulness, accuracy, and sufficiency of the information relating to its products, services, prices, conditions, authorizations, licenses, registrations, advertising claims, and commercial messages.

13.2. THE CLIENT must review and approve all content before publication to ensure compliance with Law 34/1988, of 11 November, General Advertising Law, Law 3/1991, of 10 January, on Unfair Competition, Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, and all other applicable regulations.

13.3. THE PROFESSIONAL shall not review the legal, tax, regulatory, or sector-specific suitability of content unless expressly agreed in writing, and shall in no case provide legal, tax, or regulatory advice.

14. Data Protection

14.1. Each Party shall comply with Regulation (EU) 2016/679, General Data Protection Regulation, Organic Law 3/2018, on Personal Data Protection and guarantee of digital rights, and all other applicable data protection regulations.

14.2. As a general rule, THE CLIENT shall be the controller of the processing with respect to personal data that it collects, manages, or uses in its activity, website, forms, campaigns, databases, CRM, commercial communications, analytics, and online services.

14.3. When THE PROFESSIONAL processes personal data on behalf of THE CLIENT, THE PROFESSIONAL shall act as processor and shall process the data only in accordance with documented instructions from THE CLIENT.

14.4. In such case, unless the Parties sign a separate data processing agreement, this clause shall be interpreted as a basic data processing agreement pursuant to Article 28 of the GDPR, with the following scope:

• a) Subject matter: provision of digital, web, maintenance, support, marketing, analytics, content, and related services.
• b) Duration: the duration of the Agreement and any additional period necessary for the return, deletion, or blocking of data.
• c) Nature and purpose: access, hosting, maintenance, support, configuration, analysis, publication, technical management, and optimization of digital services.
• d) Types of data: identification data, contact data, professional data, web form data, browsing data, customer or potential customer data, and other data provided by THE CLIENT.
• e) Categories of data subjects: customers, potential customers, website users, commercial contacts, employees, collaborators, and representatives of THE CLIENT.
• f) Instructions: THE PROFESSIONAL shall process the data only in accordance with documented instructions from THE CLIENT.
• g) Confidentiality: THE PROFESSIONAL shall ensure that the persons authorized to process personal data undertake to respect confidentiality.
• h) Security: THE PROFESSIONAL shall apply reasonable technical and organizational measures, taking into account the nature of the Services, the state of the art, the risks, and THE CLIENT’s instructions.
• i) Sub-processors: THE CLIENT authorizes the use of technology providers necessary for the provision of the Services, including hosting, email, analytics, SaaS tools, CMS, security, backups, project management, and third-party platforms. THE PROFESSIONAL shall seek to ensure that such providers offer appropriate safeguards.
• j) Assistance: THE PROFESSIONAL shall reasonably assist THE CLIENT, where possible and within the contracted scope, in responding to data subject rights requests, security breaches, impact assessments, and consultations with authorities.
• k) Deletion or return: upon termination of the Agreement, THE PROFESSIONAL shall delete or return personal data when technically possible and reasonable, unless there is a legal obligation to retain it.
• l) Audit: THE PROFESSIONAL shall make reasonable information available to THE CLIENT to demonstrate compliance with this clause, without this implying access to confidential information of third parties, shared systems, or trade secrets.

14.5. THE CLIENT shall be responsible for having valid legal bases, legal texts, privacy policy, cookie policy, consent for commercial communications, contracts with third parties, records of processing activities, and all other obligations corresponding to its activity.

15. Confidentiality

15.1. Each Party undertakes to keep confidential the technical, commercial, strategic, financial, operational, contractual, or business information received from the other Party.

15.2. The confidentiality obligation shall not apply to information that is public, already legitimately known by the receiving Party, received from a third party without a confidentiality obligation, independently developed, or required to be disclosed by legal obligation or by order of a competent authority.

15.3. Confidentiality obligations shall remain in force during the Agreement and for five years after its termination, unless the information constitutes a trade secret or is protected by law for a longer period.

16. Intellectual and Industrial Property

16.1. THE CLIENT retains all rights over the Client Materials.

16.2. THE CLIENT guarantees that it has all rights, licenses, permissions, and authorizations necessary over the Client Materials provided to THE PROFESSIONAL.

16.3. THE PROFESSIONAL retains ownership of his prior knowledge, methodologies, templates, processes, tools, pre-existing code, know-how, libraries, components, structures, internal documentation, and materials created beforehand or for general use.

16.4. Once all amounts due have been paid in full, THE CLIENT shall receive a license to use the final Deliverables created specifically for THE CLIENT, to the extent necessary to use them in its business activity, website, social networks, and digital materials.

16.5. Unless expressly agreed otherwise, such license shall be non-exclusive, worldwide, for the maximum term permitted by applicable law, and limited to THE CLIENT’s own uses.

16.6. The assignment or licensing of rights over protected works shall be interpreted in accordance with Royal Legislative Decree 1/1996, of 12 April, approving the consolidated text of the Intellectual Property Law, and shall not include rights, exploitation methods, territories, or uses that are not expressly necessary for the purpose of the Agreement.

16.7. Third-party materials, including photographs, fonts, plugins, themes, software, APIs, templates, stock images, and external services, shall be subject to their own licenses and conditions.

17. Licenses, Unauthorized Uses, and Third-Party Materials

17.1. THE CLIENT shall be responsible for the costs, licenses, royalties, permissions, or authorizations necessary for the use of third-party materials requested, provided, or approved by THE CLIENT.

17.2. THE CLIENT shall hold THE PROFESSIONAL harmless against claims arising from materials, content, trademarks, data, images, texts, or uses for which THE CLIENT does not have sufficient rights.

17.3. THE PROFESSIONAL may reject the publication or use of materials that he reasonably considers unlawful, infringing, misleading, harmful, discriminatory, fraudulent, unsafe, or contrary to the policies of third-party platforms.

18. Representations and Warranties of THE CLIENT

18.1. THE CLIENT represents and warrants that:

• a) it has sufficient capacity and authority to contract;
• b) the signing, acceptance, and performance of the Agreement does not infringe other contracts or obligations;
• c) its products, services, content, and activities are lawful;
• d) it has the necessary administrative authorizations, licenses, registrations, and permits for its activity;
• e) the Client Materials do not infringe third-party rights;
• f) it will review and approve content before publication;
• g) it will not use the Services for unlawful, fraudulent, misleading, abusive, discriminatory, or third-party-rights-infringing activities.

19. Warranties and Exclusions

19.1. THE PROFESSIONAL shall provide the Services with reasonable professional diligence.

19.2. Unless expressly agreed in writing, THE PROFESSIONAL does not guarantee:

• a) specific commercial results;
• b) specific search engine rankings;
• c) traffic, leads, conversions, followers, sales, or revenue;
• d) total absence of errors;
• e) uninterrupted availability of websites, servers, platforms, or third-party services;
• f) approval of advertisements, profiles, publications, or content by external platforms;
• g) legal, tax, regulatory, or sector-specific compliance of THE CLIENT’s activity.

19.3. The Services are provided in the reasonably possible condition according to the contracted scope, THE CLIENT’s instructions, the existing technical conditions, and dependency on third parties.

20. Limitation of Liability

20.1. To the maximum extent permitted by applicable law, neither Party shall be liable to the other for indirect, special, incidental, punitive, or consequential damages, loss of profits, loss of business, loss of reputation, loss of data, loss of opportunities, business interruption, or costs of substitution.

20.2. To the maximum extent permitted by applicable law, THE PROFESSIONAL’s total cumulative liability arising from the Agreement shall not exceed the amounts actually paid by THE CLIENT to THE PROFESSIONAL during the twelve months prior to the event giving rise to the claim.

20.3. The foregoing limitations shall not apply in cases of willful misconduct, fraud, liability that cannot be excluded by law, or breaches of confidentiality, data protection, or intellectual property where the law does not allow such limitation.

21. Indemnity

21.1. Each Party shall hold the other harmless against losses, damages, penalties, claims, costs, and reasonable expenses arising directly from its contractual breach, willful misconduct, fraud, infringement of third-party rights, regulatory infringement, or unlawful use of the Services.

21.2. THE CLIENT shall hold THE PROFESSIONAL harmless against claims arising from:

• a) products or services offered by THE CLIENT;
• b) content, data, or materials provided by THE CLIENT;
• c) breach of advertising, data protection, consumer, electronic commerce, or sector-specific regulations;
• d) unauthorized use of trademarks, images, texts, data, testimonials, or third-party materials;
• e) instructions from THE CLIENT that generate legal or contractual infringement.
• 21.3. The Party seeking indemnity must communicate the claim within a reasonable period, provide sufficient information, and cooperate in the defense, where possible.

22. Security, Access, and Backups

22.1. THE CLIENT shall be responsible for keeping its credentials, passwords, accounts, devices, and access secure.

22.2. THE PROFESSIONAL may recommend security measures, but does not guarantee absolute security or the absence of unauthorized access.

22.3. Unless expressly agreed, THE CLIENT shall be responsible for contracting and maintaining backups, recovery plans, cybersecurity measures, and maintenance services appropriate to its risk level.

22.4. If THE PROFESSIONAL provides maintenance or backup services, the scope, frequency, and limitations must be set out in the PDT.

23. Force Majeure

23.1. THE PROFESSIONAL shall not be liable for delays or breaches due to causes beyond his reasonable control, including natural disasters, fires, floods, epidemics, pandemics, strikes, labor disputes, war, terrorist acts, internet failures, supplier failures, platform outages, cyberattacks, regulatory changes, acts of authority, embargoes, restrictions, power outages, or delays by THE CLIENT.

23.2. The affected Party must communicate the force majeure situation as soon as reasonably possible and adopt reasonable measures to mitigate its effects.

24. Term and Termination

24.1. The Agreement shall begin on the date indicated in the PDT, estimate, electronic acceptance, or equivalent document.

24.2. The term shall be the term indicated in the PDT. In the absence of such indication, project-based services shall end upon delivery or acceptance of the Deliverables, and recurring services shall continue on a monthly basis until terminated in accordance with these Terms.

24.3. Either Party may terminate recurring services by giving thirty calendar days’ written notice, unless the PDT establishes a minimum commitment or different period.

24.4. Either Party may terminate the Agreement due to a material breach by the other Party if such breach is not remedied within ten calendar days from receipt of written notice.

24.5. THE PROFESSIONAL may immediately terminate or suspend the Agreement when THE CLIENT uses the Services for unlawful purposes, fails to pay amounts due, breaches cooperation obligations, puts third-party rights at risk, infringes platform policies, requests illegal actions, or creates a reasonable legal, technical, or reputational risk.

24.6. Termination shall not affect pending payment obligations, confidentiality, intellectual property, data protection, indemnity, limitation of liability, applicable law, and jurisdiction.

25. Effects of Termination

25.1. Upon termination, THE CLIENT must pay for all Services provided, approved expenses, accrued fees, contracted licenses, and non-cancellable work in progress.

25.2. THE PROFESSIONAL may deliver or facilitate the reasonable transfer of files, access credentials, or digital assets under his control, provided that THE CLIENT has paid all overdue amounts and that such transfer is technically possible and legally permitted.

25.3. THE PROFESSIONAL shall not be required to deliver internal tools, know-how, templates, proprietary credentials, internal documentation, source files not agreed upon, work methods, or non-transferable third-party materials.

26. Notices

26.1. All communications between the Parties must be made in writing, by email, project management platform, electronic notice, burofax, certified mail, courier, or any other means that allows proof of sending and receipt.

26.2. Notices to THE PROFESSIONAL shall be sent to [professional email] and to the professional address indicated in the PDT or in these Terms.

26.3. Notices to THE CLIENT shall be sent to the email address, registered office, or contact indicated in the PDT, estimate, form, or client account.

26.4. Each Party must notify the other of any change in its contact details within a reasonable period.

27. Assignment and Subcontracting

27.1. THE CLIENT may not assign the Agreement without the prior written authorization of THE PROFESSIONAL.

27.2. THE PROFESSIONAL may subcontract specific tasks to collaborators, technicians, designers, copywriters, developers, hosting providers, SaaS tools, analytics platforms, technical support providers, and other providers necessary for the provision of the Services.

27.3. THE PROFESSIONAL shall remain responsible to THE CLIENT for the Services provided directly under the Agreement, without prejudice to the limitations applicable to third-party providers and platforms.

28. Modification of the Terms

28.1. THE PROFESSIONAL may update these General Terms and Conditions.

28.2. Modifications shall not apply retroactively to contracts already accepted, unless expressly accepted by THE CLIENT or when necessary due to legal, technical, security, or third-party platform changes.

28.3. For recurring services, THE PROFESSIONAL may communicate modifications at least thirty calendar days in advance. If THE CLIENT does not accept the modifications, THE CLIENT may terminate the recurring services before the effective date of the new terms.

29. Entire Agreement

29.1. The Agreement, composed of the PDT, estimate, electronic acceptance, annexes, and these General Terms and Conditions, constitutes the entire agreement between the Parties with respect to the contracted Services.

29.2. The Agreement supersedes any prior agreement, negotiation, communication, proposal, or understanding, whether oral or written, regarding the same subject matter.

30. Severability

30.1. If any clause of the Agreement is declared null, invalid, or unenforceable, in whole or in part, such nullity shall not affect the validity of the rest of the Agreement.

30.2. The Parties shall seek to replace the affected clause with a valid clause that reflects as closely as possible the economic and legal purpose pursued.

31. No Waiver

31.1. Failure or delay in exercising a right shall not constitute a waiver of such right.

31.2. A waiver of a right shall only be valid if made in writing and expressly refers to the waived right.

32. Electronic Signature, Counterparts, and Evidence

32.1. The Agreement may be signed on paper, by digitized handwritten signature, simple electronic signature, advanced electronic signature, qualified electronic signature, acceptance by email, acceptance by clickwrap, or any other legally valid means.

32.2. The Parties acknowledge the evidentiary validity of electronic evidence related to the contracting process, including emails, acceptance records, logs, invoices, payments, electronically signed documents, acceptance screenshots, signature certificates, platform records, and electronic copies.

32.3. Electronic signatures and electronic trust services shall be interpreted in accordance with Regulation (EU) No. 910/2014, eIDAS, Law 6/2020, of 11 November, Law 34/2002, of 11 July, and all other applicable regulations.

33. Applicable Law and Jurisdiction

33.1. The Agreement shall be governed by Spanish law, including the Spanish Civil Code, the Spanish Commercial Code, Law 7/1998, of 13 April, on General Contracting Conditions, Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, Law 3/2004, of 29 December, establishing measures to combat late payment in commercial transactions, Regulation (EU) 2016/679, General Data Protection Regulation, Organic Law 3/2018, on Personal Data Protection and guarantee of digital rights, Regulation (EU) No. 910/2014, eIDAS, Law 6/2020, of 11 November, Royal Legislative Decree 1/1996, of 12 April, Royal Decree 1619/2012, of 30 November, Law 37/1992, of 28 December, on Value Added Tax, and all other applicable regulations.

33.2. For any dispute arising from the Agreement, the Parties, expressly waiving any other jurisdiction that may correspond to them, submit to the Courts and Tribunals of the professional domicile of THE PROFESSIONAL, currently [city/province], unless a mandatory rule establishes another jurisdiction.

34. Language

34.1. These General Terms and Conditions are drafted in Spanish.

34.2. In the event of translation into another language, the Spanish version shall prevail, unless expressly agreed otherwise.

35. Acceptance

35.1. THE CLIENT declares that it has read, understood, and accepted these General Terms and Conditions.

35.2. THE CLIENT declares that the person accepting these Terms on its behalf has sufficient capacity and authorization to contractually bind it.