Terms & Conditions

DEFINITIONS & GENERAL TERMS

  1. Sandrine Ferwerda Coosemans (hereafter I/me/we) is a 50% shareholder of Quinto Elefante SCP, registered with the Spanish chamber of commerce - CIF number J4425 7319. Axel Ferwerda is the other 50% shareholder in the company.
    Address: Calle San Roque 11, 44624 Lledo (Teruel, Spain).
    Our marketing activities operate under the brand name SmartAlpaca.
  2. The client (hereafter “you”) is the person or organisation that has accepted our offer.
  3. These terms and conditions apply to all contracts and agreements.  
    Potential exceptions and changes shall be agreed upon by both parties in writing.
  4. The agreement is concluded upon acceptance of our proposal by you. It is valid indefinitely.
  5. Specific conditions for specific assignments will be discussed in said proposal.
  6. We will carry out any assignment to the best of my knowledge and ability.
  7. We may outsource parts of our work to or otherwise collaborate with trusted third parties. Third parties contracted by us operate under the same level of confidentiality as we do.
  8. Spanish law applies to these terms and conditions, as well as all agreements to which they relate. All disputes relating to these agreements between you and me shall be settled by the adequate court in Teruel, Spain.
  9. Services will either be performed by Sandrine, or subcontracted to other experts in the fields when appropriate. We will not search additional approval from you in order to subcontract. You can be informed of who is working on the service at any time upon simple request.
  10. These terms & conditions also apply to any websites or other online elements owned by Sandrine Coosemans, Sandco or Quinto Elefante SCP.

COLLABORATION

  1. We communicate about running projects and business issues through the designated Slack workspace, unless agreed otherwise.
  2. Our packages include a certain number of meetings as well as specific deliverables. If at any time you request more meetings or would want to add more work to the package, we reserve the right to decline - or to charge additional fees if we choose to accept.
  3. If either party is delayed or unable to attend one of our calls, they will notify the other party as soon as they're aware. Appointments missed without 24 hours notice will be rescheduled at our discretion.
  4. As we create materials for you, we will provide you with instructions on how to use them. Any requests for additional user guides, tutorials or SOPs have to be made at least 14 days before the end of our collaboration.
  5. The websites we build are optimised for speed and basic search engine requirements, as well as responsiveness for a range of modern browsers and devices. This does not mean the website will look the same on all devices; it means ensuring that the user experience is appropriate to the capabilities of their browser or device.
  6. Changes may occur to either the operating system or web browser software post-project delivery, which can affect the website’s functionality. We reserve the right to charge for any upgrading of the website to ensure compatibility with the newer version, but will never do so without explicit consent from the client.
  7. Marketing (including website optimisation, SEO, social media marketing, email marketing and other services offered) is not a quick fix, and results may vary based on a variety of factors. We make no guarantees outside those provided in our agreement. If anything is not working as expected, please communicate feedback ASAP to better address desired goals.  
  8. Our regular working days are Monday to Friday, except for Spanish and international holidays. Our working hours are flexible, and (unless agreed otherwise in writing) we cannot be expected to work a minimum amount of time, or to be available during certain periods of time.

INVOICING & PAYMENT

  1. We invoice with all necessary taxes, and you will not be subjected to payroll tax or social contributions as a consequence of our work.
  2. Packages will be invoiced before the start of the project (advance payment) or monthly (instalment payments).
  3. You will pay our invoices within 7 calendar days of the invoicing date. We reserve the right to hold off on the work until payment has been completed. In the case of late payment, the start of the project may be delayed with up to 14 days from the date of the payment. We also apply a late fee (1% of the amount on the invoice, with a minimum of € 12,50).
  4. Method of payment will be agreed upon before starting the work. Possible methods of payment are bank transfer, PayPal, credit card (Stripe) or Wise (formerly TransferWise).
  5. All amounts mentioned on this website exclude VAT and other taxes, unless explicitly agreed on otherwise.
  6. Invoices will be sent out in Euro.
  7. Once the payment has been made and we have started the project, it is not possible to get a refund. If at any time you feel you’re not getting what you paid for, do get in touch immediately to discuss this.
  8. Our rates may be changed at any time. If you hired us on a retainer, we will notify you of any changes at least 1 month before the changes take effect. Unless you object to the changes within a period of 14 days from the announcement, the changes will be applied in the first invoice of the following month.

TERMINATION OF OR CHANGES IN THE AGREEMENT

  1. If the end date of the agreement is not specified, it can be terminated by either party with a 14 days notice period. Cancellation of the agreement happens by e-mail to hello@smartalpacamarketing.com.
  2. If you fail to fulfil your obligations, in case of bankruptcy or lack of payment (after due summon), or if the company ceases to exist, we have the right to suspend the execution of the agreement without summation or judicial intervention, until all bills have been paid and all conditions of the agreement met. We will not owe any damages in any of these cases.
  3. Any change in the original assignment of any kind is subject to a separate agreement in writing.
  4. Disease and temporary or permanent incapacity to work (force majeure) on our side, relieve us from fulfilling the assignment within the agreed delivery period. In this case, you will not be entitled to compensation for costs, damages or interest. We will inform the client immediately, and together we will work out an alternative.
  5. Provided you’ve paid for the work and that this contract hasn’t been terminated before the end date, we assign all intellectual property rights to you at the end of the project.  
    This means you will own all text, images or other artwork we created, designed or updated for you. We will provide you with finished files, which you should keep somewhere safe as we do not keep a copy indefinitely.
  6. When we wrap up our collaboration, we will provide you with access to all relevant documents and platforms. We assume you either know how to manage these, or will hire a new team to do this for you. Any requests for tutorials or SOPs has to be made at least 14 days before termination of the agreement.

COPYRIGHT,
CONFIDENTIALITY
& LIABILITY

  1. We will be careful regarding the custody and use of items, digital tools and information entrusted by the client. We are not liable for damage or loss of information during shipment or storage, unless caused by our own reckless behaviour or neglect. You indemnify us for all claims of third parties arising out of or relating to the damage or loss of information as intended herein.
  2. We carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified team with relevant experience. That said, we can’t guarantee that our work will be error-free and so we can’t be liable to any party for damages, including lost profits, lost savings or other incidental, consequential or special damages.
  3. We will keep confidential information and company or client data with the highest degree of care and confidentiality, unless required by law to disclose certain information. You can request to be informed of the way your information is stored at any time during the cooperation.
  4. If you provide any materials to us, you guarantee that all elements of text, images or other artwork you provide are either owned by yourself, or that you have permission to use them. When you provide text, images or other artwork to us, you agrees to protect us from any claim by a third party that we’re using their intellectual property.
  5. We guarantee that all elements of the work delivered to you are either owned by us, or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you’re using their intellectual property.
  6. We continue to own any intellectual property rights for elements we developed prior to, or developed separately from this project and not directly paid for by you.
  7. All liability for damage resulting from inadequate or non-timely execution of the work shall be limited to and excluded above the amount paid by the client for the work at hand.
  8. We are not liable for damage due to inadequate or non-timely execution of the work, unless this is due to intent, neglect or recklessness.
  9. Any complaints must be lodged in writing within 14 days after completion of the assignment.
  10. We are not liable for consequences of errors or lack of clarity in the assignments or the materials provided by you.
  11. We reserve the right to display all aspects of our creative work on our portfolio, in articles on websites, in magazine articles and blogs. In all such instances, SmartAlpaca and/or any subcontractors involved shall be represented as the creator of the project.