Services contract

Last updated: April 2024

Productea, hereinafter referred to as “the Provider”,

The following is agreed:

1. Object of the Contract

The Supplier undertakes to provide product design services to the Customer, in accordance with the specifications and conditions established in this contract. The services include, but are not limited to, the creation and modification of designs for digital products, adapted to the specific needs of the Customer.

2. Included Services

The Provider will offer the following services:

• Web design: Creation and optimization of websites.

• Mobile application design: Design of interfaces and user experiences for mobile applications.

• Investor decks: Creating impactful presentations for investors.

• Dossiers and presentations: Design of corporate documents and presentations.

• Banners and digital advertisements: Design of advertising materials for online campaigns.

• Design systems: Development of style guides and visual components.

• Commercial decks: Design of presentations for pitches and proposals.

• Wireframes and mockups: Creation of low and high fidelity prototypes.

• Product analysis and consulting: Evaluation and advice on product design.

• Desarrollo con herramientas no-code como Webflow o Framer.

All deliverables provided by the Provider to the Customer will be in the following formats: PNG, JPG, PDF or an editable Figma (.fig) file. These formats ensure that the Customer can use and modify the designs as needed. The Provider will ensure that all files are delivered in at least one of these formats, depending on the nature of the design and the Customer's specific requirements.

3. Plans and Rates

The Customer may choose one of the following plans, adjusted to their needs:

One Shot: Unique service starting at 3,990€, including a complete design and revisions to customer satisfaction.

Pro: Monthly service at 3,290€/month, ideal for startups and growing companies.

Enterprise: Monthly service at 5,490€/month, designed for large companies with continuous design needs. Who want to make 2 or more requests at a time or who want to design things from several brands at the same time.

Some of the prices of the services offered by the Provider may contain discounts. These discounts will be unique and non-transferable between customers or brands associated with those customers. In addition, all discounts will have a maximum period of time, which will be clearly informed to the Customer during the payment process at the Stripe® checkout. After the discount period expires, prices will return to their regular rate.

4. Delivery Modalities

• Requests will be delivered in an average of 72 business hours from the receipt of the request. The delivery time may vary depending on the complexity of the project.

• The Customer has the right to request unlimited revisions until they are fully satisfied with the final product.

5. Payment Terms

• Payments will be made through Stripe®, depending on the plan selected. The Customer will receive a detailed invoice that must be paid within the specified terms.

• Monthly plans will be billed every 31 days. The Customer must provide a valid payment method and authorize recurring charges.

6. Pause and Cancellation

• The Customer can pause or cancel the subscription at any time, without penalty. To do this, you must notify the Provider at least 15 days in advance.

• El cliente es responsable de pausar o cancelar los servicios desde su panel en Stripe®. Si la fecha de renovación pasa y la suscripción se renueva automáticamente, no podremos reembolsar el importe, y la suscripción se mantendrá activa hasta el mes siguiente.

• The days not used during the break will be kept and may be used in future service requests, provided that the contract is reactivated within a period of 4 months.

7. Intellectual Property

• All designs and materials created by the Provider will be the exclusive property of the Customer once full payment has been made for the contracted services. The Provider waives any ownership right over the works delivered, assuring that they are original and do not infringe the rights of third parties.

8. confidentiality

• Both parties undertake to maintain the confidentiality of all information and documentation exchanged during the term of this contract and thereafter. This includes, but is not limited to, project details, design strategies and any other sensitive customer business information.

9. Service Limitations

The Provider does not cover the following services:

• 3D Modeling: Creation of three-dimensional models.

• Animated graphics: Production of complex animations and visual effects.

• Design of complex documents: Preparation of extensive technical or legal documents.

• Extensive packaging: Packaging design for physical products.

• Application Development: Programming and technical application development.

10. Additional Services (Add-ons)

• En caso de que el cliente no realice ninguna solicitud durante un mes en el que su suscripción esté activa, no se procederá a la devolución del importe pagado por dicho mes. La suscripción se basa en la disponibilidad del servicio y no en su uso efectivo. Esto significa que, al igual que en una suscripción a un gimnasio, el no uso de los servicios no exime al cliente del pago ni genera derecho a reembolso.

11. Definition of Request

A “request” or request is defined as a specific request from the Customer for the creation or modification of a design. Each request must include:

• Clear and detailed description of the required design, specifying objectives and expectations.

• Specific design objectives, aligned with the Client's goals.

• Materials and resources provided by the Customer, such as images, texts and references.

• Desired delivery time, taking into account the complexity of the design.

If a request is considered too large or complex, the Provider reserves the right to divide it into smaller and more manageable requests, thus ensuring an efficient and orderly process.

12. Term of the Contract

This contract will be valid for a minimum of 30 days, starting from the date it is signed. It can be renewed or modified by mutual agreement of both parties, the subscription will be automatically renewed month by month unless canceled. The Customer accepts and understands that he cannot request a full or partial refund of the payments made to the Provider, if he does not submit the design requests in an appropriate time and manner. The Provider is not responsible for the lack of use of the contracted services due to the Customer's omission or delay in submitting such requests.

13. Termination of the Contract

The contract may be terminated by either party upon written notice [Specify deadline] days in advance. In case of early termination, the Customer must pay for the services provided up to the date of termination.

14. Limitation of Liability

The Provider will not be liable for any indirect, special, incidental or consequential damages, including but not limited to loss of profits, business interruption or loss of data, arising from the use of the services, even if the Provider has been advised of the possibility of such damages.

15. Force Majeure

The Provider will not be responsible for a breach of its obligations under this contract if such breach results from causes beyond its reasonable control, including, but not limited to, acts of war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, strikes or a shortage of means of transportation.

16. Acceptable Use

The Customer undertakes not to use the designs provided for illegal, immoral purposes or that infringe the rights of third parties. The Provider reserves the right to reject any request that it deems inappropriate or that violates this clause.

17. No Exclusivity

This contract does not establish an exclusive relationship between the Customer and the Provider. The Provider can offer and provide similar services to other customers without any restrictions. However, during the term of this contract, the Provider undertakes not to work with similar companies or direct competitors of the Customer without prior notice and consent of the Customer. In addition, all resources and designs created specifically for the Customer will be exclusive and will not be reused or redistributed for other purposes or customers.

18. Vacances

The Provider will notify the Customer of any vacation period at least 15 days in advance. The total vacation time will not exceed 25 days per year per Customer. The following holidays will not count as vacation days: December 25, December 31, January 1, May 1, and May 21. During these periods, Customer requests may be temporarily paused, and will resume as soon as the vacation period ends.

19. How requests work

The Customer may make all the requests he wishes through Notion, and he is responsible for:Notion, siendo su responsabilidad:

1. Keep the information up to date and provide the necessary resources to execute each request.

2. Clearly state the priority of requests.

Until a request is approved by the Customer, the Provider may decide not to start any additional requests. The Customer may reopen a request at any time to make changes or modifications; however, this action will count as a new request and will be treated as such in the design and delivery process.

20. Resource Delivery

The Provider undertakes to generate and deliver to the Customer all the necessary resources for the execution of the contracted services, including images, mockups and Figma files, whenever they are requested by the Customer. In case of cancellation of the subscription, the Provider will provide a master copy of all the files generated during the term of the contract. It is the Customer's responsibility to keep such a copy, as the Provider does not guarantee the preservation of a backup copy after the subscription has ended.

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