1. The Offer and these General Conditions are the entire agreement between THE COCKTAIL
and THE CUSTOMER, being immediately applicable with the sole acceptance thereof. If
particular conditions and / or framework agreement are set between parties, these conditions
will not apply.
2. The purpose of the Offer are the services indicated therein, which includes, the scope of the
services, the indication of the aspects out of scope, term, price and conditions of payment that,
unless otherwise agreed, shall be at the date of invoice issue.
3. The term for execution of the services is indicated in the Offer and bind both parties equally,
however, THE COCKTAIL will not be responsible for delays associated with the CLIENT and /
or third parties related on this one.
4. Each party`s full liability under or in connection with the Offer shall be limited up to the full
price of the services given. None party shall be liable for indirect, incidental, or consequential
damages, including loss of profits, business, opportunities, income, goodwill or impairment of
5. All information disclosed by the parties is considered confidential, except: (i) the information
that may have been known prior to the Offer, (ii) the information which is accessible to the
public, or (iii) the information expressly indicated as non-confidential.
6. THE COCKTAIL transfers to the CUSTOMER the copyright that results of the project
specified in the Offer, so the CUSTOMER may exercise and develop them in its own name. In
the event that the project incorporates intellectual property contents or under license of third
parties that can be reused, THE COCKTAIL will transfer these rights of use with the limitations
of the licenses of the original authors. Both parties authorize each other to use other party`s
trademark only for the purpose of being recognized as customer and provider of the services
given in presentations and commercial documents.
7. The parties reserve ownership of the methods, know-how and procedures used in the
development and execution of the services, unless provided by the other party.
8. Whenever the project requires THE COCKTAIL to have access to personal data on behalf of
the CUSTOMER, THE COCKTAIL undertakes to observe and adopt the basic level security
measures provided in the Law to process the personal data, and will not communicate in any
case, to third persons the personal data to which has access, not even for conservation
purposes. In case subcontracting of a service were necessary, this circumstance will be
informed to the CUSTOMER who will be asked to authorize it. Once the service is over, the data
shall be destroyed by THE COCKTAIL or returned to the customer, unless applicable law sets
9. These conditions will remain in force during the execution of services and until their
completion, except those obligations that by their nature must continue enforceable beyond its
10. Termination of this agreement can be made for any reason, by notifying the other party with
written notice of 30 days prior to the date of effect.
11. In case of breach of contract, the aggrieved party may terminate the contract by giving
written notice to the other party, who is entitled to apply remedies within a maximum period of
ten (10) days from the date of communication of the request.
12. This agreement will be governed by and construed according to the laws of Spain. Any legal
proceeding arising out of or relating to this Offer shall be brought in Spain, to the exclusion of
any other forum, and the parties hereby expressly agree and submit to the exclusive jurisdiction
of aforesaid courts.
13. The representative of the CUSTOMER acknowledges that he has the capacity of
representation necessary for the acceptance of this offer.
14. This Offer has a validity of 30 days for its acceptance. Acceptance of the offer, it is also
understand that these general conditions are accepted.
15. If some type of maintenance for the service is needed, special conditions will be set in
In case of contradiction of this document and its version in Spanish, the Spanish version will prevail.