GENERAL CONDITIONS FOR PROFESSIONAL SERVICES
These general conditions apply to all professional services provided by any CE CONSULTING EMPRESARIAL franchisee and are additional to any specific agreement entered into between CE CONSULTING EMPRESARIAL and the Client (the contract) , which will prevail in case of any discrepancy.
FIRST – Parties.
The owner of the legal relationship with the Client is the company that provides and bills the services, to which the rights and obligations inherent to the exercise of the professional activity are attributed, regardless of whether it uses the commercial name CE CONSULTING EMPRESARIAL in the exercise of their activity which lacks, as such, legal personality.
SECOND.- Purpose of the contract and services.
The object of the contract is the professional services that are related in the Budget / Pro forma Invoice / Contract subscribed between CE CONSULTING EMPRESARIAL and the Client, with any modification reflected in writing.
In order to carry out the contracted services, the Client must deliver the necessary background and documentation in due time, with CE Consulting Empresarialnot being responsible for the consequences arising from the lack of, inexact or incomplete delivery by the client of the aforementioned documentation according to the schedule set by CE Consulting Empresarial.
The terms of execution and delivery of the services are fixed so that the Client has them in his power well in advance to fulfill his obligations in the terms legally established by the current regulations.
The decision regarding the execution, follow-up or implementation of the advice, counsel, opinion or recommendation made by CE Consulting Empresarialwithin the framework of the Services is exclusive to the Client, which adopts it under its responsibility.
Unless expressly agreed otherwise, the Services are limited exclusively to Spanish jurisdiction and legislation.
The possible provision of some professional services, in accordance with the provisions of Law 2/2007, of March 15, of professional companies, will be made, if applicable, as an intermediary company.
THIRD.- Fees and expenses.
In the absence of a provision to the contrary, the established fees shall be paid upon acceptance of the budget and / or commencement of the provision of the services.
Unless otherwise indicated, the amounts of estimated or budgeted fees are net of the Value Added Tax and of any other indirect taxes that may be applicable, which will be included in the invoice as separate items.
The expenses incurred and payments paid to third parties shall be borne by the Client, for which the Client must have previously made the corresponding provision of funds; such expenses and payments being duly justified. Likewise, the Client shall pay for the services entrusted by it that are not included in the Budget.
Fees and expenses must be paid even when the operation or matter to which the Services refer to is/are frustrated.
FOURTH.- Billing and payment.
The method of payment of the fees, unless otherwise provided, will be made effective by means of a receipt-invoice that CE Consulting Empresarialwill send through the Client’s Banking Entity listed in this contract. CE ConsultingEmpresarialreserves the right and faculty to pass on to the Client any expense caused by the return of receipts, invoices or any payment document that, upon payment, is returned for any reason attributable to the Client. Therefore, the Client agrees to the payment of the terms, conditions and periods established by CE Consulting Empresarial, if any of these circumstances are caused.
Due to the lack of payment of an invoice, CE Consulting Empresarialmay, with prior notice (bureaufaxor certified email), with a minimum of fifteen (15) days in advance, and always in accordance with the professional regulations or deontological regulations of its activity, suspend any provision of Services to the Client, without the latter being able to raise any claim or complaint for said suspension or for any damage that may arise from it. As long as the situation of non-payment is maintained, and also subject to the provisions of the regulatory or professional ethics regulations, CE Consulting Empresarialmay exercise a right of retention on any Client documents, prepared by CE Consulting Empresarialor with its participation, which in that moment are in its power.
Moreover, as long as the default is maintained, the amount owed will accrue the legal interest plus two points.
CE Consulting Empresarialis a commercial name, without legal personality, being the natural or legal person that renders and invoices the contracted services who assumes the responsibility that may be derived according to what is detailed below.
CE Consulting Empresarialwill punctually perform the contracted services according to their best criteria and professional dedication, formulating the observations and qualms that correspond and, even, abstaining from their provision, according to the professional criteria applicable to them. Once the professional requirements applicable to the work commissioned have been fulfilled, CE Consulting Empresarialshall be exempt from any liability to the Client or to third parties for the services rendered.
The responsibility of CE Consulting Empresarialbefore the Client, for any damages that may have been inflicted for causes attributable to CE Consulting Empresarialor by its professionals or employees, will be guaranteed by a civil liability policy with an insurance company of recognized prestige and economically limited, except in the case of fraud, in the result of multiplying by three (3) the amount of the professional fees paid by the Client in an annuity, according to the figures of the budget/contract subscribed for the provision of that service, or in the case of other specific services that are demanded by the client, in the result of multiplying by three (3) the amount of the professional fees that appear in said budgets.
The responsibility of CE Consulting Empresarialwill be limited to the direct damages actually caused to the Client.
Under no circumstances will CE Consulting Empresarialbe liable for damages arising, or caused, in whole or in part, as a result of falsehood, concealment or any other conduct of the Client that was willful or negligent, or not in accordance with the principles of good faith, or breaches that occur for causes that are beyond the reasonable control of CE Consulting Empresarial. Neither will it be for the consequences that may follow from the fact of having sent information or inaccurate, not true or incomplete documentation to the Client.
CE Consulting Empresarialshall not be affected by the responsibility for the actions of the Client or third parties, prior or subsequent to the performance of the work commissioned, or at any other time, unconnected with CE Consulting Empresarial, nor shall it be presumed in any way the consent of it with the conduct of the Client except when expressly stated.
The Client accepts the unencrypted email as a working medium for the flow and exchange of documentation, information and, in general, as a communication channel with CE Consulting Empresarialfor the provision of the Services. The Client exempts CE Consulting Empresarialfrom any responsibility for the interception or access to emails by unauthorized persons, as well as for any damage or injury that may occur to the Client as a consequence of computer viruses, network failures or analogous assumptions, except for reasons attributable to CE Consulting Empresarial.
SEVENTH.- Documentation and confidentiality
CE Consulting Empresarialundertakes to keep due confidentiality of the information, documentation and content, background and consequences of its work facing any person or entity, public or private, not being able to make use of them without express authorization of the Client, except in the cases in which the current regulations state otherwise. Likewise, the client expressly authorizes the use of its logo in the institutional advertising of CE Consulting Empresarial, during the term of this contract.
The Client authorizes CE Consulting Empresarialto keep a copy of any information and documentation provided by it as a consequence of the provision of the Services for as long as it considers appropriate, subject to the duty of confidentiality of CE Consulting Empresarial. CE Consulting Empresarialdoes not assume any obligation to keep these copies for a specific period of time, being able to destroy your files without requiring any authorization.
The Client may terminate this contract by means of reliable communication and in writing, sent at least two (2) months before the date on which it wishes to terminate the contracted services. Once this notice period has expired, the contract will be terminated without any compensation.
Subject to compliance with the professional or deontologicregulations governing its activity, CE Consulting Empresarialmay terminate the provision of the Services in progress (or reject the address of one or several specific matters) at any time, with a reasonable period of notice, for reasons of loss of confidence, ethical, deontological or of any other nature.
Likewise, the non-payment of two consecutive installments and / or other amounts by the client to which it is obligated or its non location by CE Consulting Empresarialmay be cause for automatic termination of the contract.
Upon termination of the contract, if the Client maintains any type of domiciliation (social, fiscal, etc.) in the address of CE Consulting Empresarial, it commits to carry out its change within a maximum period of fifteen (15) days, exempting CE Consulting Empresarialfrom any type of responsibility in the reception, notification or delivery of the possible communications that may be received.
NINTH.- Processing of personal data.
In compliance with Regulation (EU) 2016/679 of the European Parliament and the Council of April 27, 2016, the client is informed unequivocally and accurately, and expressly authorizes CE Consulting Empresarialto collect and process automatically the data collected in this contract, in a file of the that CE Consulting Empresarialis responsible for.
The data collected will become part of a file called CLIENTS AND / OR PROVIDERS owned by the person signing the contract for the provision of services, described in the section “Reunidos” or the occasional services budget of CE Consulting Empresarial(hereinafter, the Society).
This file has the sole purpose of proceeding with the proper management of the services commissioned to the Society. We will treat your data with the exclusive purpose of fulfilling the obligations set forth in the contract for the provision of services. They can be disclosed to other companies belonging to the CE CONSULTING EMPRESARIAL GROUP or collaborators that are necessary for the execution of the services you have contracted. Your refusal to provide us with the information requested, will determine that we can NOT sign this contract, or provide you with the service you request.
The responsible for the file is the Society itself, to which the interested party may exercise the rights of access, rectification, deletion, portability, limitation or opposition to the processing of its data, as well as withdraw the consent given or make claims to the Control Authority and exercise the rest of the rights included in the aforementioned Regulation proving its identification. Said actions may be exercised by sending the proper request by electronic mail to the e-mail address of the subscribed contract or by postal mail to the Society and address that appears in said contract.
The Company is obliged to:
– keep the maximum confidentiality on all the information that is provided to it or to which it has access to by the Client, in the execution of the professional services contracted.
The data collected in the subscribed contract or service budget will be kept for the duration of the subscribed service. Once the service is over, we are obliged to keep your data for the term imposed by law. The Society must return the personal data (regardless of the format) owned by the Client, to which it has had access as a result of the execution of this contract, upon completion thereof.
TENTH.- Recruitment of personnel from CE Consulting Empresarial.
The Client, during the term of the contract with CE Consulting Empresarialand during a period of two (2) years from its conclusion, will not be able to facilitate and / or make job offers or commercial relationship to / of personnel that has provided labouror professional services in CE Consulting Empresarialat some point, during the term of this contract, whether for own companies or in which the Client has interests, persons related by conjugal or analogous affective relationship, or direct family members up to the fourth degree, direct or indirectly.
The penalty for breach by the Client of the above prohibition, will be the amount equivalent to one (1) annuity of the employee’s gross annual salary.
ELEVENTH.- Full agreement.
These conditions replace and cancel any prior agreement between the Client and CE Consulting Empresarial. Unless otherwise agreed between the Client and CE Consulting Empresarial, these conditions constitute the totality of the agreement between both parties in relation to the commission of professional services.
Unless otherwise agreed, these conditions (except for the first and second), will apply to any commission that the Client makes to CE Consulting Empresarialin the future, without it being necessary to re-subscribe or sign them in each proposal or budget of fees issued by CE Consulting Empresarialand accepted by the Client.
CE Consulting Empresarialwill not be obliged to initiate the provision of the Services as long as it does not receive a copy of the contract and / or budget issued signed by the Client and the payment of the fees is not made, in the terms agreed in the budget. The referral of instructions to CE Consulting Empresarialby the Client shall be construed as tacit acceptance of the conditions contained in this clause and its budget.
In the event that the nullity of any of the present terms and conditions is determined, this will not affect the rest of the terms and conditions, which will remain in full force.
TWELFTH. – Regulations.
Under current legislation on the prevention of money laundering and terrorist financing, CE Consulting Empresarialis subject to the obligation to verify the identity of the Client and its operations and activities, as well as to inform the Executive Service of Prevention of Money Laundering (SEPBLAC). Therefore, the Client is obliged to provide CE Consulting Empresarial, in a complete and truthful manner, with as much information as it is necessary and required for these purposes (both by the Client himself and, where appropriate, by his shareholders, partners, participants, administrators, related persons, etc.) and expressly authorizes CE Consulting Empresarialto carry out the verification actions that, in this regard, it deems appropriate.
THIRTEENTH. – Authorization of sending information and / or advertising.
The contract or budget of services subscribed includes the request for assignment and/or communication of the data and/or information to collaborators/third parties and/or companies of the CE CONSULTING EMPRESARIAL GROUP, in order to resolve and cover their needs, as well as to offer related services.
FOURTEENTH. – Modifications.
CE CONSULTING EMPRESARIAL may modify the present General Conditions, at any time, being the modifications that appear in the website www.ceconsulting.esapplicable at the moment of the rendering of the services.
In order to be able to verify the general conditions in force at any time, CE CONSULTING EMPRESARIAL will draw up a notarial act of the aforementioned website on a regular basis, and, always, after any modification of these general conditions.
FIFTEENTH. – Express submission.
For any questions arising from the execution and interpretation of this contract, both parties with relinquishment to their own jurisdictions, are subject to the jurisdiction of the Courts and Tribunals territorially competent according to the contract of service provision subscribed.