1. IDENTIFICATION

PROVIDER:

• Company name: Boomatik SCP
• Registered office: Calle Baron de Santa Bárbara 31 - 46110 Valencia
• NIF: J25869397
• Email: info@boomatik.com
• Phone: 622 891 192
• Web: www.boomatik.com

2. PURPOSE AND SCOPE OF APPLICATION

2.1. These General Terms and Conditions of Sale (hereinafter "GTC") 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 creation of social media ads, automatic blog generation)
• Development and design of websites on the Odoo platform
• SEO (Search Engine Optimization) services
• Management of digital advertising campaigns (Google Ads, Meta Ads and other platforms)

2.3. Contracting any of the services implies full and unreserved acceptance of these GTC, in addition to the specific terms set out in the commercial proposal or specific quotation.

2.4. These GTC shall prevail over any other terms established by the Client, unless expressly accepted in writing by Boomatik SCP. 

3. CONTRACTING PROCESS

3.1. The contracting process shall begin with the Client's request for services, to which Boomatik SCP shall respond with a detailed technical and financial proposal.

3.2. The proposal shall be valid for 30 calendar days from its issuance, unless expressly stated otherwise.

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

• Signature of the quotation/proposal
• Payment of the deposit or first established payment
• Express confirmation of acceptance by email

3.4. As this is electronic contracting, the signing of the contract may be replaced by the express acceptance of these GTC by email or through the form provided on the website.

4. SCOPE OF SERVICES

4.1. Automation Services:

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

4.2. Web Development in Odoo:

• Includes responsive design, implementation in Odoo and basic on-page SEO optimization.
• The Client shall provide all necessary content, images, text and materials within a reasonable timeframe.
• Hosting, domain and third-party license services shall be billed separately unless otherwise stated.

4.3. SEO Services:

• Include initial audit, technical optimization, content optimization and monthly monitoring.
• Organic ranking results are variable and depend on multiple external factors beyond the control of Boomatik SCP.

4.4. Digital Advertising Management:

• Includes strategy, campaign setup, ongoing optimization and monthly reports.
• The advertising investment budget (media budget) is independent of the management fee and shall be paid directly by the Client to the advertising platforms.
• Boomatik SCP is not responsible for additional charges generated by the advertising platforms.

5. FINANCIAL TERMS

5.1. Prices:

• Prices are stated in euros and do not include VAT or other applicable taxes.
• Prices are valid at the time the quotation is issued for the period indicated therein.

5.2. Payment method:

• Development projects: 50% deposit at the start, remaining 50% upon delivery.
• Recurring services (SEO, SEM, maintenance): Monthly payment in advance by direct debit or bank transfer.
• Other services: As specified in the proposal.

5.3. Invoicing:

• Invoices shall be issued electronically and sent to the email address provided by the Client.
• The payment term is 15 days from the issuance of the invoice, unless otherwise agreed.

5.4. Non-payment:

• Non-payment of invoices shall entitle Boomatik SCP to:

  • Suspend the provision of services
  • Terminate the contract
  • Apply late-payment interest at the current statutory rate plus 3 percentage points
  • Initiate legal collection proceedings

5.5. Additional costs:

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

6. TERM AND RENEWAL

6.1. One-off projects: The term shall be that established in the proposal until final delivery and acceptance.

6.2. Recurring services:

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

6.3. Termination of the contract must be communicated in writing (email is valid), respecting the established notice periods.

7. CLIENT OBLIGATIONS

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

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

7.3. Make payments within the established deadlines.

7.4. Not use the services for unlawful purposes or in a way that infringes third-party rights.

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

7.6. The Client is responsible for the legality of and rights to the content it provides.

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

8. OBLIGATIONS OF BOOMATIK SCP

8.1. Provide the services with professional diligence and in accordance with the agreed specifications.

8.2. Maintain the confidentiality of the Client's information.

8.3. Perform regular backups of the web developments in Odoo.

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

8.5. Report any incident that may affect the provision of the service.

8.6. Send monthly monitoring 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 automation applications (ad creation, automatic blogs)
• Odoo websites under an ongoing maintenance plan
• Advertising campaign management platforms

9.1.2. The following are excluded from the SLA:

• SEO consulting services (monthly reports)
• Manual management of advertising campaigns (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 the month - Minutes of unavailability) / Total minutes in the month] × 100
• Scheduled maintenance and the exclusion causes in section 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 9:00-18:00 (mainland Spain time)

9.3. SCHEDULED MAINTENANCE

9.3.1. Notification:

• Scheduled maintenance shall be notified at least 72 hours in advance by email
• Critical security maintenance may be carried out with 24 hours' notice

9.3.2. Maintenance window:

• Preferably: Sundays from 02:00 to 06:00 (mainland time)
• Estimated maximum duration: 4 hours
• If maintenance runs longer, the Client shall be notified immediately

9.3.3. SLA exclusion:

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

9.4. INCIDENT RESPONSE TIME

9.4.1. Severity levels:

Critical (P1):

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

High (P2):

• Definition: Critical feature affected but temporary workarounds exist
• Examples: Error in ad automation, 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 9:00-18:00

Medium (P3):

• Definition: Non-critical feature affected with no workaround
• Examples: Error in a secondary function, cosmetic issue, moderate slowness
• First response time: 8 business hours
• Target resolution time: 72 business hours
• Support availability: Business hours Mon-Fri 9:00-18:00

Low (P4):

• Definition: Queries, improvements or minor issues with a workaround
• Examples: Usage questions, improvement request, minor cosmetic adjustment
• First response time: 24 business hours
• Target resolution time: 5 business days
• Support availability: Business hours Mon-Fri 9:00-18:00

9.4.2. Reporting incidents:

• 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 18:00 (mainland Spain time)
• National holidays excluded

9.5. RESOLUTION TIME

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

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

• Current status of the incident
• Identified root cause
• Action plan and estimated resolution time
• Temporary workaround if available

9.5.3. Incident escalation:

• If a P2 incident is not resolved within 48 hours, it is automatically escalated to P1
• If a P3 incident is not resolved within 5 business days, it is escalated to P2

9.6. COMPENSATION FOR SLA BREACH

9.6.1. For availability:

9.6.2. For response time:

• Delay in first P1 response > 4 hours: 5% of monthly fee
• Delay in first P2 response > 8 hours: 3% of 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 shall verify the records and respond within 10 business days
• The credit shall be applied as a discount on the next invoice

9.6.4. Limitations:

• Service credits are the sole compensation for SLA breach
• They are not cumulative with other compensation or warranties
• Credits of less than €5 shall not be applied

9.7. MONITORING AND REPORTING

9.7.1. Boomatik SCP shall 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 on request
• Real-time dashboard available for premium plans

9.8. SLA EXCLUSIONS

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

Due to the Client:

• Improper use of the services
• Lack of cooperation in resolving incidents
• Failure to follow the technical recommendations of Boomatik SCP
• Unauthorized modifications of the service
• Problems in the Client's infrastructure (connectivity, hardware, etc.)

Force majeure:

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

Maintenance and updates:

• Scheduled maintenance duly notified
• Critical security updates
• Updates to the Odoo platform or underlying systems

Third-party issues:

• Outages of the Google Ads, Meta Ads or other external platform APIs
• Problems with third-party plugins or extensions
• Changes in external platforms that affect features

9.8.2. During exclusion periods, Boomatik SCP shall use commercially reasonable efforts to minimize the impact.

9.9. SERVICES NOT INCLUDED IN THE BASIC SLA

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

Premium SLA (99.9% availability):

• Additional cost: +30% on the monthly fee
• 24/7 support included
• P1 response time: 1 hour
• Compensation increased by 50%

Extended 24/7 support:

• Additional cost: +20% on the monthly fee
• Phone support outside business hours
• P1/P2 response time outside business hours: 4 hours

Dedicated account manager:

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

9.9.2. These additional services shall be detailed in a specific annex to the contract.

9.10. CONTINUOUS IMPROVEMENT

9.10.1. Boomatik SCP shall review the SLA metrics quarterly with the Client for high-value services.

9.10.2. Improvements to processes and systems shall be implemented based on:

• Analysis of recurring incidents
• Client feedback
• Technological evolution
• Industry best practices

9.10.3. The Client may request an extraordinary review of the SLA if it considers that the levels do not meet its needs.

9.11. MEASUREMENT AND TRANSPARENCY

9.11.1. Boomatik SCP keeps detailed records of:

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

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

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

10. WARRANTIES AND LIMITATIONS OF LIABILITY

10.1. Warranties:

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

10.2. Limitations of Liability:

10.2.1. SEO/SEM results:

• The Client acknowledges that organic ranking and advertising campaign results are variable and depend on multiple external factors.
• Boomatik SCP does not guarantee specific search engine rankings or specific commercial results (sales, conversions).
• Boomatik SCP shall bear no liability for a decrease in sales or variations in results.

10.2.2. Quantitative limitation:

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

10.2.3. Exclusion causes:

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

10.2.4. Penalties:

• Boomatik SCP shall not be liable for penalties from Google or other search engines arising from algorithmic changes or practices prior to contracting.
• The Client authorizes Boomatik SCP to create links and content mentioning its brand as part of the SEO strategy.

11. INTELLECTUAL PROPERTY

11.1. Web developments and automations:

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

11.2. Materials and content:

• The content provided by the Client is its exclusive property and responsibility.
• Boomatik SCP may use screenshots and references to the work performed as part of its portfolio, unless the Client expressly objects.

11.3. Brand and advertising:

• Boomatik SCP may identify the Client as a user of its services unless expressly objected to.
• The Client authorizes the use of its logo and brand in promotional materials of Boomatik SCP.

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 controller of the Client's personal data.

12.2. Purpose of processing:

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

12.3. Client's rights:

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

12.4. Data Processor:

• For web services and automations, Boomatik SCP acts as processor of the personal data that the Client processes.
• A data processing agreement shall be entered into in accordance with the GDPR.

12.5. Retention:

• The data shall be retained for the term of the contract and thereafter for the statutory limitation periods.

12.6. Security measures:

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

12.7. Additional information: For more information on the processing of personal data, please see our full Privacy Policy at [URL of your privacy policy].

13. WITHDRAWAL AND CANCELLATION

13.1. Right of withdrawal:

• The Client has 14 calendar days from contracting to exercise its right of withdrawal without penalty.
• The right of withdrawal is excluded if the provision of the service has already begun with the express consent of the Client.

13.2. Cancellation of recurring services:

• The Client may cancel with 30 days' written notice.
• No refunds shall be made for periods already invoiced and paid.
• The current month shall be worked through to its last day.

13.3. Termination for breach:

• Either party may terminate the contract for serious breach by the other, subject to prior notice and a 15-day cure period.

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 confidentiality obligation shall remain in force even after the end of the contractual relationship.

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

15. AMENDMENT OF THE GTC

15.1. Boomatik SCP reserves the right to amend these GTC, notifying the Client at least 30 days in advance.

15.2. If the Client does not agree with the amendments, it may terminate the contract without penalty within 15 days of the notification.

15.3. Continued use of the services after the amendments take effect implies tacit acceptance thereof.

16. FORCE MAJEURE

16.1. Neither party shall be liable for failure to meet its obligations when it results from force majeure.

16.2. The following are considered force majeure causes: natural disasters, wars, general strikes, widespread failures of the internet or essential third-party services, pandemics, government restrictions, etc.

17. SUBCONTRACTING

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

17.2. Boomatik SCP shall remain solely responsible to the Client for the correct performance of the subcontracted services.

18. ASSIGNMENT OF THE 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. NOTICES

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

19.2. Communications sent to the email addresses indicated in the contract shall be deemed valid.

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

20. PARTIAL INVALIDITY

20.1. If any clause is declared void or unenforceable, the remainder of the GTC shall remain in force.

20.2. The void 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 first-party and third-party cookies to improve the user experience, analyze web traffic and provide social media features.

21.2. Types of cookies used:

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

21.3. Users can configure their browser to accept or reject cookies. Disabling cookies may affect the functionality of the site.

21.4. Additional information: For more information, please see our full Cookie Policy at [URL of your cookie policy].

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 share information about products, services, industry news and customer support.

22.3. Data processing:

• We only access public information of users who follow our profiles
• We do not incorporate data into our own files without express consent

22.4. User posts:

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

22.5. Contests and giveaways: Specific terms shall be published when they are 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 may 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 Act 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
• Every send requires the prior consent of the recipient
• Opt-out option in every communication

24.3. Identification of commercial communications:

• Clearly identified as such
• Sender clearly identified

24.4. Right to object: Users may object to receiving communications by sending an email to [email] with the subject "UNSUBSCRIBE"

25. ADDITIONAL TERMS FOR SAAS SERVICES

25.1. License of use:

• Non-exclusive, non-transferable, limited to the contracted period
• Resale without authorization 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 its data
• Boomatik acts as data processor
• Possibility to export data
• Deletion of data after the end of the service (except for a legal retention obligation)

25.4. Updates:

• Boomatik may update the software without prior notice
• Critical security updates may temporarily interrupt the service
• Updates that significantly affect functionality shall be notified

25.5. Usage restrictions:

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

26. GOVERNING LAW AND JURISDICTION

26.1. Governing law: This contract is governed by Spanish law.

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

26. GOVERNING LAW AND JURISDICTION

26.1. Governing law: This contract is governed by Spanish law.

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