Terms of Sale | Boomatik

1. IDENTIFICATION

PROVIDER:

Company Name: Boomatik SCP
Registered Office: Calle Baron de Santa Bárbara 31 - 46110 Valencia
Tax ID: J25869397
Email: info@boomatik.com
Phone: 622 891 192
Website: www.boomatik.com

2. PURPOSE AND SCOPE

2.1. These General Terms and Conditions of Sale (hereinafter "GTCS") govern the provision of services by Boomatik SCP to its clients.

2.2. Boomatik SCP offers the following services:

Marketing and development of internet automation applications (automated social media ad creation, automatic blog generation)
Website development and design on the Odoo platform
SEO (Search Engine Optimisation) services
Digital advertising campaign management (Google Ads, Meta Ads, and other platforms)

2.3. Engaging any of our services implies full and unreserved acceptance of these GTCS, in addition to any specific terms outlined in the commercial proposal or bespoke quotation.

2.4. These GTCS shall prevail over any other terms stipulated by the Client, unless expressly agreed otherwise in writing by Boomatik SCP.

3. CONTRACTING PROCESS

3.1. The service engagement process will commence with the Client's service request, to which Boomatik SCP will respond with a detailed technical and financial proposal.

3.2. The proposal will be valid for 30 calendar days from its issue date, unless expressly stated otherwise.

3.3. The Client's acceptance of the proposal shall be formalised by:

Signature of the quotation/proposal
Payment of the deposit or first agreed payment
Express email confirmation of acceptance

3.4. As this involves electronic contracting, the contract signature may be substituted by express acceptance of these GTCS via email or through the designated form on our website.

4. SCOPE OF SERVICES

4.1. Automation Services:

The specific scope of each application or automation will be detailed in the technical proposal.
Includes initial setup, implementation, and basic user training.
Ongoing maintenance and support can be contracted separately.

4.2. Odoo Web Development:

Includes responsive design, Odoo implementation, and basic on-page SEO optimisation.
The Client must provide all necessary content, images, texts, and materials within a reasonable timeframe.
Hosting, domain, and third-party licensing services will be invoiced separately unless otherwise specified.

4.3. SEO Services:

These include an initial audit, technical optimisation, content optimisation, and monthly monitoring.
Results in organic search rankings are variable and depend on multiple external factors beyond Boomatik SCP's control.

4.4. Digital Advertising Management:

The advertising investment budget (media budget) is separate from the management fee and will be paid directly by the Client to the advertising platforms.
This includes strategy, campaign setup, continuous optimisation, and monthly reports.
Boomatik SCP is not responsible for any additional charges generated by the advertising platforms.

5. ECONOMIC CONDITIONS

5.1. Pricing:

Prices are quoted in Euros and do not include VAT or other applicable taxes.
Prices are valid at the time the quotation is issued, for the period specified therein.

5.2. Payment Method:

Development projects: 50% deposit upfront, remaining 50% upon delivery.
Recurring services (SEO, SEM, maintenance): Monthly payment in advance via direct debit.
Other services: As specified in the proposal.

5.3. Invoicing:

Invoices will be issued electronically and sent to the email address provided by the Client.
Payment is due within 15 days from the invoice issue date, unless otherwise agreed.

5.4. Non-Payment:

Non-payment of invoices will entitle Boomatik SCP to:
- Suspend the provision of services
- Terminate the contract
- Apply late payment interest at the prevailing legal rate plus 3 percentage points
- Initiate legal recovery actions

5.5. Additional Costs:

Services not included in the initial proposal will be quoted and invoiced separately.
Third-party licenses, premium plugins, stock images, etc., will be invoiced at cost plus a 10% management fee.

6. DURATION AND RENEWAL

6.1. One-off Projects: The duration will be as set out in the proposal until final delivery and acceptance.

6.2. Recurring Services:

Minimum duration of 6 months, unless otherwise stated in the proposal.
Automatic renewal for annual periods unless terminated by either party with 30 days' prior notice.

6.3. Contract termination must be communicated in writing (valid email) adhering to the stipulated notice periods.

7. CLIENT OBLIGATIONS

7.1. Provide all necessary information, access, content, and materials in a timely and appropriate manner.

7.2. Appoint a single point of contact for communication and decision-making.

7.3. Make payments within the agreed timescales.

7.4. Not use the services for unlawful purposes or to infringe third-party rights.

7.5. Maintain the confidentiality of provided credentials and access details.

7.6. The Client is responsible for the legality and rights concerning the content they provide.

7.7. For SaaS/Automation services: The Client agrees not to resell the services without the express consent of Boomatik SCP.

8. BOOMATIK SCP OBLIGATIONS

8.1. To provide services with professional diligence and in accordance with agreed specifications.

8.2. To maintain the confidentiality of Client information.

8.3. To perform regular backups of web developments on Odoo.

8.4. To provide technical support during business hours (Mon-Fri 9:00-18:00h).

8.5. To report any incidents that may affect service delivery.

8.6. To send monthly progress reports for recurring services (SEO, SEM).

9. SERVICE LEVEL AGREEMENT (SLA)

9.1. SCOPE OF APPLICATION

9.1.1. These SLA clauses apply to the following services:

SaaS marketing automation applications (ad creation, automated blogs)
Odoo websites under continuous maintenance
Advertising campaign management platforms

9.1.2. Excluded from the SLA:

SEO consultancy services (monthly reports)
Manual advertising campaign management (non-automated)
Web development projects without a maintenance contract

9.2. SERVICE AVAILABILITY

9.2.1. Availability Guarantee:

Critical SaaS services: 99.5% monthly availability
Odoo websites with maintenance: 99.0% monthly availability

9.2.2. Availability Calculation:

Availability (%) = [(Total minutes in month - Minutes of unavailability) / Total minutes in month] × 100
Scheduled maintenance and exclusion causes from point 9.8 are excluded from the calculation.

9.2.3. Service Window:

24 hours a day, 7 days a week (24/7/365)
Technical support available: Mon-Fri 9:00-18:00h (Spanish peninsular time)

9.3. SCHEDULED MAINTENANCE

9.3.1. Notification:

Scheduled maintenance will be notified at least 72 hours in advance via email.
Critical security maintenance may be performed with 24 hours' notice.

9.3.2. Maintenance Window:

Preferably: Sundays from 02:00 to 06:00h (peninsular time)
Estimated maximum duration: 4 hours
If maintenance extends beyond this, the Client will be notified immediately.

9.3.3. SLA Exclusion:

Scheduled maintenance time does not count as unavailability for the SLA.

9.4. INCIDENT RESPONSE TIMES

9.4.1. Severity Levels:

Critical (P1):

Definition: Service completely inoperative or affecting more than 80% of functionalities
Examples: Total SaaS platform outage, website completely inaccessible, data loss
First response time: 2 hours
Target resolution time: 8 hours
Support availability: 24/7 via email/emergency phone

High (P2):

Definition: Critical functionality affected but temporary alternatives exist
Examples: Ad automation error, web form not working, severe performance issue
First response time: 4 business hours
Target resolution time: 24 business hours
Support availability: Business hours Mon-Fri 9:00-18:00h

Medium (P3):

Definition: Non-critical functionality affected with no alternative
Examples: Secondary function error, aesthetic issue, moderate slowness
First response time: 8 business hours
Target resolution time: 72 business hours
Support availability: Business hours Mon-Fri 9:00-18:00h

Low (P4):

Definition: Queries, improvements, or minor issues with an alternative
Examples: Usage questions, improvement requests, minor aesthetic adjustment
First response time: 24 business hours
Target resolution time: 5 business days
Support availability: Business hours Mon-Fri 9:00-18:00h

9.4.2. Incident Communication:

Email: info@boomatik.com
Emergency phone (P1 only): 622 891 192
Ticket portal: [URL if applicable]

9.4.3. Business Hours:

Monday to Friday from 9:00 to 18:00h (Spanish peninsular time)
Excluding national holidays

9.5. RESOLUTION TIME

9.5.1. The indicated resolution times are objectives, not absolute guarantees.

9.5.2. If resolution within the target time is not possible, Boomatik SCP will inform the Client of:

Current Incident Status
Root Cause Identified
Action Plan and Estimated Resolution Time
Temporary Workaround if Available

9.5.3. Incident Escalation:

If a P2 incident isn't resolved within 48 hours, it's automatically escalated to P1.
If a P3 incident isn't resolved within 5 business days, it's escalated to P2.

9.6. COMPENSATION FOR SLA BREACHES

9.6.1. For Availability:

Monthly Availability	Service Credit
< 99.5% but ≥ 99.0%	5% monthly fee
< 99.0% but ≥ 98.0%	10% monthly fee
< 98.0% but ≥ 95.0%	25% monthly fee
< 95.0%	50% monthly fee

9.6.2. For Response Time:

P1 first response delay > 4 hours: 5% monthly fee
P2 first response delay > 8 hours: 3% monthly fee
Maximum accumulated compensation: 50% of the monthly fee

9.6.3. Claim Procedure:

The Client must request the credit in writing within 15 days following the affected month.
Boomatik SCP will verify records and respond within 10 business days.
The credit will be applied as a discount on the next invoice.

9.6.4. Limitations:

Service credits are the sole compensation for SLA breaches.
They are not cumulative with other compensations or guarantees.
Credits less than 5€ will not be applied.

9.7. MONITORING AND REPORTING

9.7.1. Boomatik SCP will continuously monitor service availability using automated tools.

9.7.2. Available Metrics:

Monthly Availability (uptime %)
Average Response Time
Number and Severity of Incidents
Mean Time To Resolution (MTTR)

9.7.3. Reports:

Monthly availability report included in the service report.
Detailed incident report available upon request.
Real-time dashboard available for premium plans.

9.8. SLA EXCLUSIONS

9.8.1. The SLA will not apply in the following cases:

Due to Client Action:

Improper use of services
Lack of cooperation in incident resolution
Failure to follow Boomatik SCP's technical recommendations
Unauthorised service modifications
Problems with the Client's infrastructure (connectivity, hardware, etc.)

Force Majeure:

Failures of critical service providers (AWS, Google Cloud, hosting provider, etc.)
DDoS attacks or targeted cyberattacks
Natural disasters
Widespread internet or telecommunications failures
Any cause beyond Boomatik SCP's reasonable control

Maintenance and Updates:

Properly notified scheduled maintenance
Critical security updates
Updates to the Odoo platform or underlying systems

Third-Party Issues:

Outages of Google Ads, Meta Ads APIs, or other external platforms
Issues with third-party plugins or extensions
Changes in external platforms affecting functionalities

9.8.2. During exclusion periods, Boomatik SCP will deploy commercially reasonable efforts to minimise the impact.

9.9. SERVICES NOT INCLUDED IN THE BASIC SLA

9.9.1. The following services can be contracted with an enhanced SLA:

SLA Premium (99.9% availability):

Additional cost: +30% on monthly fee
24/7 support included
P1 Response Time: 1 hour
Compensation increased by 50%

Extended 24/7 Support:

Additional cost: +20% on monthly fee
Out-of-hours phone support
Out-of-hours P1/P2 Response Time: 4 hours

Dedicated Account Manager:

Additional cost: Based on service volume
Single point of contact
Quarterly service reviews
Proactive improvement planning

9.9.2. These additional services will be detailed in a specific contract addendum.

9.10. CONTINUOUS IMPROVEMENT

9.10.1. Boomatik SCP will conduct quarterly reviews of SLA metrics with the Client for high-value services.

9.10.2. Process and system improvements will be implemented based on:

Analysis of recurring incidents
Client feedback
Technological evolution
Industry best practices

9.10.3. The Client may request an extraordinary SLA review if they believe the levels do not meet their needs.

9.11. MEASUREMENT AND TRANSPARENCY

9.11.1. Boomatik SCP maintains detailed records of:

All unavailability events
Incident response and resolution times
Maintenance performed
Causes of interruptions

9.11.2. These records will be available to the Client for 12 months.

9.11.3. In the event of a dispute regarding SLA compliance, Boomatik SCP's records will serve as a reference, without prejudice to the Client's right to provide contrary evidence.

10. WARRANTIES AND LIMITATIONS OF LIABILITY

10.1. Guarantees:

Boomatik SCP guarantees that services will be provided in accordance with the state of the art and industry best practices.
30-day warranty for error correction in web developments from final delivery.

10.2. Limitations of Liability:

10.2.1. SEO/SEM Results:

The Client acknowledges that organic search rankings and advertising campaign results are variable and depend on multiple external factors.
Boomatik SCP does not guarantee specific search engine positions or concrete commercial outcomes (sales, conversions).
Boomatik SCP will not be liable for any decrease in sales or variations in results.

10.2.2. Quantitative Limitation:

Boomatik SCP's liability will in no case exceed the total amount paid by the Client in the last 12 months.
Indirect damages, loss of profit, data loss, damage to image or reputation are excluded.

10.2.3. Exclusion Causes:

Improper use of services by the Client
Search engine penalties due to Client practices
Changes in search engine algorithms or advertising platforms
Force majeure or causes beyond Boomatik SCP's reasonable control
Problems arising from third-party providers (hosting, advertising platforms, etc.)

10.2.4. Penalties:

Boomatik SCP will not be liable for penalties from Google or other search engines resulting from algorithmic changes or practices predating the contract.
The Client authorises Boomatik SCP to create links and content mentioning their brand as part of the SEO strategy.

11. INTELLECTUAL PROPERTY

11.1. Web Developments and Automations:

Custom code developed specifically for the Client will become their property once the full amount has been paid.
The Odoo framework and third-party components retain their original licenses.
SaaS automation applications are licensed for use, without source code transfer.

11.2. Materials and Content:

Content provided by the Client remains their exclusive property and responsibility.
Boomatik SCP may use screenshots and references to work performed as part of its portfolio, unless expressly opposed by the Client.

11.3. Brand and Advertising:

Boomatik SCP may identify the Client as a user of its services unless expressly opposed.
The Client authorises the use of their logo and brand in Boomatik SCP's promotional materials.

12. PERSONAL DATA PROTECTION

12.1. Data Controller:

Boomatik SCP, with registered office at Calle Baron de Santa Bárbara 31 - 46110 Valencia, NIF J25869397, is the data controller for the Client's personal data.

12.2. Purpose of Processing:

Management of the contractual relationship
Invoicing and accounting
Provision of contracted services
Commercial communications (with consent)

12.3. Client Rights:

Access, rectification, erasure, restriction, portability, and objection via email to [contact email].

12.4. Data Processor:

For web services and automations, Boomatik SCP acts as the data processor for personal data processed by the Client.
A data processing agreement will be signed in accordance with the GDPR.

12.5. Data Retention:

Data will be retained for the duration of the contract and subsequently for the statutory limitation periods.

12.6. Security Measures:

Boomatik SCP implements appropriate technical and organisational measures to protect personal data.

12.7. Additional Information: For more information on the processing of personal data, please consult our full Privacy Policy at [URL de vuestra política de privacidad].

13. WITHDRAWAL AND CANCELLATION

13.1. Right of Withdrawal:

The Client has 14 calendar days from the date of contract to exercise their right of withdrawal without penalty.
The right of withdrawal is excluded if the provision of the service has already commenced with the express consent of the Client.

13.2. Cancellation of Recurring Services:

The Client may cancel with 30 days' written notice.
No refunds will be issued for periods already invoiced and paid.
Services for the current month will be provided until the last day thereof.

13.3. Termination for Breach:

Either party may terminate the contract due to a material breach by the other, following prior notification and a 15-day period to remedy the breach.

14. CONFIDENTIALITY

14.1. Both parties undertake to keep confidential all information to which they have access during the term of the contract.

14.2. The obligation of confidentiality shall remain in force even after the termination of the contractual relationship.

14.3. Information in the public domain or that must be disclosed by legal imperative is excluded from the obligation of confidentiality.

15. MODIFICATION OF THE GTC

15.1. Boomatik SCP reserves the right to modify these General Terms and Conditions, by notifying the Client at least 30 days in advance.

15.2. If the Client does not agree with the modifications, they may terminate the contract without penalty within 15 days following notification.

15.3. Continued use of the services after the modifications come into effect implies tacit acceptance thereof.

16. FORCE MAJEURE

16.1. Neither party shall be liable for the non-fulfilment of its obligations when it is a consequence of force majeure.

16.2. Causes of force majeure include: natural disasters, wars, general strikes, widespread internet failures or essential third-party services, pandemics, government restrictions, etc.

17. SUBCONTRACTING

17.1. Boomatik SCP may subcontract part of the services to specialised third parties.

17.2. Boomatik SCP shall remain solely responsible to the Client for the proper execution of the subcontracted services.

18. ASSIGNMENT OF CONTRACT

18.1. The Client may not assign the contract to third parties without the prior written consent of Boomatik SCP.

18.2. Boomatik SCP may assign the contract in the event of corporate restructuring, merger, or sale of the business.

19. COMMUNICATIONS

19.1. All communications between the parties shall be made in writing via email to the addresses provided.

19.2. Communications sent to the emails indicated in the contract shall be considered valid.

19.3. Any change in contact details must be immediately notified to the other party.

20. PARTIAL INVALIDITY

20.1. If any clause is declared null or unenforceable, the rest of these General Terms and Conditions shall remain in force.

20.2. The null clause shall be replaced by another that reflects, as far as possible, the original intention of the parties.

21. COOKIE POLICY

21.1. This website uses its own and third-party cookies to enhance user experience, analyse web traffic, and offer social media functionalities.

21.2. Types of cookies used:

Technical cookies: necessary for navigation
Analytical cookies: Google Analytics for usage statistics
Social media cookies: if you share content on social networks

21.3. The user can configure their browser to accept or reject cookies. Disabling cookies may affect the site's functionality.

21.4. Additional Information: For more information, please consult our full Cookie Policy at [URL de vuestra política de cookies].

22. SOCIAL MEDIA POLICY

22.1. Boomatik SCP maintains profiles on the following social networks: [Facebook, LinkedIn, Instagram, Twitter/X, etc.]

22.2. Purpose: To disseminate information about products, services, industry news, and customer support.

22.3. Data Processing:

We only access public information from users who follow our profiles.
We do not incorporate data into our own files except with express consent.

22.4. User Posts:

Users are responsible for their posts.
Illegal, offensive content or content that violates third-party rights is prohibited.
Boomatik SCP may remove inappropriate content without prior notice.

22.5. Contests and Giveaways: Specific terms and conditions will be published when held.

23. ALTERNATIVE DISPUTE RESOLUTION

23.1. Online Dispute Resolution Platform: In accordance with EU Regulation 524/2013, the European Commission provides an online dispute resolution platform available at: https://ec.europa.eu/consumers/odr/

23.2. Consumers can use this platform to resolve disputes arising from online sales or service contracts.

23.3. Contact email for disputes: info@boomatik.com

24. INFORMATION SOCIETY SERVICES ACT (LSSI)

24.1. In accordance with Law 34/2002 on Information Society Services and Electronic Commerce, Boomatik SCP undertakes to:

24.2. Not engage in SPAM practices:

Not send unsolicited commercial communications
All mailings require prior consent from the recipient
Opt-out option in each communication

24.3. Identification of commercial communications:

Clearly identified as such
Sender clearly identified

24.4. Right to Object: The user can object to receiving communications by sending an email to [email] with the subject line "UNSUBSCRIBE".

25. ADDITIONAL TERMS FOR SAAS SERVICES

25.1. Usage License:

Non-exclusive, non-transferable, limited to the contracted period
Resale without authorisation is prohibited
Reverse engineering of the software is prohibited

25.2. Availability:

See Service Level Agreement (Section 9)

25.3. Client Data:

The Client retains ownership of their data
Boomatik acts as the data processor
Option to export data
Data deletion upon service termination (unless legally required to retain)

25.4. Updates:

Boomatik may update the software without prior notice
Critical security updates may temporarily interrupt the service
Updates significantly affecting functionality will be notified

25.5. Usage Limitations:

Do not use for illegal purposes
Do not intentionally overload systems
Do not attempt to access restricted areas
Do not perform actions that could damage the infrastructure

26. GOVERNING LAW AND JURISDICTION

26.1. Applicable Law: This contract is governed by Spanish law.

26.2. Jurisdiction: For the resolution of any dispute, the parties submit to the Courts of [City of your registered office], expressly waiving any other jurisdiction that may correspond to them.

26. GOVERNING LAW AND JURISDICTION

26.1. Applicable Law: This contract is governed by Spanish law.

26.2. Jurisdiction: For the resolution of any dispute, the parties submit to the Courts of Valencia, expressly waiving any other jurisdiction that may correspond to them.