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GENERAL TERMS

GENERAL TERMS Legal Notice

GENERAL TERMS

Every offer issued by Ingeniería, Desarrollo e Innovación en Tecnologías Avanzadas y Confiables S.L. (hereinafter “Iditac”) is governed by its Specific Terms, and additionally by these General Terms, which shall apply to everything not expressly contradicted by any such Specific Terms that may be established on a case-by-case basis. 

1. ACCEPTANCE OF THE OFFER 

The Offer shall be deemed accepted when the Client, within its validity period, returns the signed Offer to Iditac or, alternatively, sends a purchase order that explicitly references it. This acceptance may be made by email or postal mail and implies express agreement with both the Specific Terms outlined in the Offer and these General Terms, as well as the obligation to provide Iditac with all required initial data. 

2. PAYMENT TERMS 

The amounts indicated in the Offer do not include VAT, which will be applied according to the regulations in force at the time of invoicing. Invoices will be issued upon completion of the work or as the agreed milestones are reached.

The absence of required information from the Client—such as the purchase order number or delivery note confirmations—shall not limit Iditac’s right to invoice for the work performed in accordance with the accepted Offer. .

The payment term shall be as established in the specific conditions of the Offer, counted from the invoice issuance date, and shall comply with the provisions of current legislation regarding the prevention of late payments in commercial transactions.

Unless otherwise agreed, advance payment will be required in the following cases:

  • For new clients: 100% of the Offer amount.
  • For existing clients: 20% of the total at the start of the work.

In the event of non-payment without justified cause attributable to the Client, compensation may be applied within the limits established by Law 3/2004, of December 29, and its subsequent amendments..

3. CHANGE / MODIFICATION OF INITIAL SPECIFICATIONS.

Once the Offer has been accepted, any change affecting the objectives, functionalities, initially defined requirements, or any other aspect that impacts the scope, deadlines, or execution costs will require the express written approval of both parties.

If the modification is requested by the Client, Iditac will review the originally agreed budget and conditions. The new proposal will be considered accepted if the Client does not express opposition within 30 days of its submission. If the proposal originates from Iditac, the Client’s express written acceptance will be required.

If no agreement is reached regarding the modification and Iditac considers it unfeasible to continue the work under the original conditions, it may request termination of the agreement as provided in the “Termination” section. Likewise, the Client may unilaterally terminate the contract if they do not accept the financial terms resulting from the change, under the conditions outlined in that section.

Execution timelines may be adjusted based on tasks whose progress does not depend exclusively on Iditac (for example, delays in Client decision-making or setbacks from third-party suppliers). In such cases, Iditac will propose a revised schedule that must be agreed upon with the Client.


4. WORKING CALENDAR

Unless expressly stated otherwise in the Offer, both the execution timeframe and budget have been calculated based on the assumption that the work will be carried out during Iditac’s standard working hours and on business days.

Any work performed outside these hours or on non-working days must be communicated in advance and may result in a revision of the schedule and budget, depending on the specific circumstances of the case.

In all cases, the Client will be informed in advance of the applicable conditions, and their written acceptance will be required.


5. COMMUNICATION / GENERATED DOCUMENTATION

Iditac will keep the Client informed about the progress of the work, following the agreed-upon methods and frequency between the designated representatives. Relevant deliverables (reports, prototypes, etc.) will be produced according to the milestones and deadlines set forth in the Offer.

The Client will review these deliverables and, in case of disagreement with their content, must communicate it in writing according to the conditions set forth in the Offer. Iditac will evaluate the feedback received and act accordingly. If no response is received within 30 calendar days from the delivery date, the deliverable will be considered accepted.

The resulting documents will be delivered in Spanish unless there is an express agreement for them to be issued in English, in which case the corresponding fee will apply. Reports will be sent in digital format (PDF®), electronically signed, to the email address provided by the Client.


6. MATERIALS

All Client-owned materials necessary for the execution of the work must be delivered to Iditac free of any transportation costs, taxes, or customs duties. Should Iditac have to assume such expenses and they are not included in the Offer, these will be billed additionally.

7. MAINTENANCE

Unless expressly stated otherwise in the specific conditions of the Offer, the scope will not include maintenance activities for deliverables such as prototypes, products, systems, or software.

8. SHIPPING POLICY

When shipping is required, the following criteria will apply:

  • Domestic: Standard 24-hour shipping with a carrier selected by Iditac. .
  • International: Standard shipping, with delivery details to be agreed upon.

Iditac shall not be held responsible for delays or misuse attributable to third parties. Any shipping method other than that specified in the Offer must be agreed upon in advance. Only shipments expressly detailed in the Offer are included; any additional shipments will be invoiced at the end of the project.


9. SAFETY AND OCCUPATIONAL RISK PREVENTION

When workers from multiple companies are present at the same site (whether Iditac’s or the Client’s facilities), the appropriate coordination of business activities will be carried out in accordance with Article 24 of Law 31/1995 and Royal Decree 171/2004. Iditac’s Occupational Risk Prevention Department will manage the necessary actions to ensure regulatory compliance.

10. WORK SUSPENSION

If the work remains suspended for more than 60 calendar days due to reasons not attributable to Iditac, Iditac may invoice for the activities performed up to that date, without the possibility of objection from the Client, who expressly accepts this condition. .

11. TERMINATION

Understood! Here's the revised translation without using "believes": If the Client considers that Iditac has breached the agreement, they must notify Iditac in writing and grant a minimum period of 30 days for remediation. If the breach persists, the Client may terminate the contract. Iditac must justify and invoice the work performed up to that point, which must be paid within a non-extendable period of 30 days.

If modifications proposed by Iditac are not accepted by the Client, Iditac may terminate the contract and invoice for the work completed up to that date. If the Client unilaterally terminates the agreement, they must pay for the work performed and any expenses incurred or committed, without prejudice to other claims.

Iditac’s maximum contractual liability shall not exceed the total amount of the Offer, except in cases of willful misconduct or gross negligence. Liability for lost profits shall not be assumed except in such cases.


12. DISCLAIMER OF LIABILITY

The Client releases Iditac from any claims related to intellectual or industrial property rights arising from the use of materials, data, devices, or information provided by the Client. Iditac shall not be held liable to third parties or for indirect damages such as loss of income or contracts.

Iditac’s direct liability is limited to the total amount of the Offer, except in cases of willful misconduct.


13. USE OF REPORTS IN LEGAL PROCEEDINGS

Unless expressly stated prior to the preparation of the Offer, the work performed may not be used as evidence in judicial or arbitration proceedings. In the event technical personnel must appear, the costs—including professional fees—will be borne by the Client.


14. RETENTION OF TITLE

Iditac shall retain ownership of all products, materials, machinery, or software developed until full payment of the contracted amount is received. The Client must safeguard these items delivered by Iditac for validation, testing, or any other purpose, and is responsible for their integrity. In case of breach, Iditac may reclaim the materials or demand immediate payment of the outstanding balance, including any damages incurred.


15. BREACH

Failure to fulfill obligations shall entitle the compliant party to terminate the contract, following formal notification and a 30-day period for remedy.  


16. APPLICABLE LAW

The contract shall be commercial in nature and governed by its clauses, the Commercial Code, applicable special legislation, and commercial customs.


17. DISPUTE RESOLUTION

The parties will attempt to resolve any dispute amicably. Failing that, they submit to the courts of Oviedo (Spain), expressly waiving any other jurisdiction that may apply.


18.CONFIDENTIALITY

Without prejudice to the possible formalization of a specific confidentiality agreement, Iditac and the Client or Interested Party undertake to maintain strict confidentiality regarding all information and documentation exchanged or accessed, directly or indirectly, during the execution of the work, regardless of the medium used.

All technical or contractual information provided by one party to the other that has been expressly identified as confidential at the time of delivery shall be considered confidential. This includes, but is not limited to, product or material samples, drawings, models, data, reports, and any similar documentation related to the work, provided it is not publicly available information.

Both parties agree not to disclose or use such information for purposes other than those related to the contract’s objectives, and to take necessary measures to ensure that their personnel or affiliated third parties comply with this obligation. Access to confidential information shall be restricted exclusively to personnel whose involvement is essential for the execution of the work.

Similarly, all data, results, and documentation generated during the execution of the project shall be considered confidential.

Neither party may disclose information related to the work without the prior written consent of the other party, especially when such disclosure could compromise the proper execution or intended purpose of the project. This confidentiality obligation extends to all information derived from research, reports, or products provided for the delivery of the service.

This confidentiality obligation shall remain in effect for five (5) years from the date of contract signing or offer acceptance, or from the date the information was disclosed, unless the information has become public domain or has been disclosed by the party that provided it.



19. DATA PROTECTION AND PROCESSING

The Data Controller is  Ingeniería Desarrollo e Innovación en Tecnologías Avanzadas Confiables SL. 

Purpose: Preparation of the requested Offer.

Exercise of rights of access, objection, correction, deletion, portability, or restriction at the address indicated in the Offer.

Additional information available at: https://www.iditac.com/privacy



20. OFFER INTEGRITY

The accepted Offer constitutes the sole agreement between the parties regarding its subject matter, superseding any prior verbal or written agreements or communications. Any modifications, extensions, or waivers of the clauses herein shall only be valid if made in writing and signed by the legal representatives of both parties.

The possible nullity or invalidity of any clause shall not affect the validity of the remainder of the document, which shall remain in full force and effect.



Legal Notice

Website Ownership

In compliance with the information obligation set forth in Article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, it is hereby stated that this website is owned by:

  • Owner: Ingeniería Desarrollo e Innovación en Tecnologías Avanzadas Confiables, S.L. en adelante Iditac.
  • CIF: B21889886
  • Registered address : Camino Los Alerces Nº2 Local A4.1 33429 La Fresneda, Asturias, España.
  • Contact email address : info@iditac.com
  • Telephone: 602 03 77 05
  • Registration details: : Registro Mercantil de Asturias, Folio electrónico, Hoja AS 64166.

Terms of Use

Access to and/or use of the website www.iditac.com confers the status of User, who accepts these general terms of use from the moment of such access and/or use.

The website provides access to information, services, programs, or data (hereinafter, “the content”) owned by Iditac. The User agrees to make proper use of the content and services offered by Iditac through its website and not to use them for illicit, illegal activities or actions contrary to good faith and public order.

Intellectual and Industrial Property

All content on the website, including texts, images, graphics, logos, icons, technology, software, as well as its graphic design and source codes, are the intellectual property of Iditac or third parties. None of the exploitation rights are transferred to the User beyond what is strictly necessary for the use of the website.

Reproduction, distribution, and public communication, including making available, of all or part of the content on this website for commercial purposes, by any means or on any medium, are expressly prohibited without the prior express authorization of IDITAC.

Disclaimer of Warranties and Liability

IDITAC shall not be held liable under any circumstances for damages of any kind that may be caused by errors or omissions in the content, lack of availability of the portal, or the transmission of viruses or malicious or harmful programs within the content, despite having taken all necessary technological measures to prevent it.

Links

In the event that​ www.iditac.com provides links or hyperlinks to other Internet sites, IDITAC will not exercise any control over such sites and content. Under no circumstances shall IDITAC be held responsible for the content of any link belonging to an external website.

Modifications

IDITAC reserves the right to make any modifications it deems appropriate to its website without prior notice, including changing, deleting, or adding content and services provided through it.

Applicable Law and Jurisdiction

The relationship between IDITAC and the User shall be governed by the applicable Spanish law, and any dispute shall be submitted to the courts of the city of Oviedo, unless applicable law provides otherwise.