Terms & Conditions

01Provider identification

These General Conditions govern the contracting of services offered by:

Hereinafter, "Winner Partners".

02Purpose

These General Conditions govern the contracting of the professional services offered by Winner Partners relating to consulting, marketing, digital advertising, automation, business development, customer acquisition, training, technology and any other activity included within its corporate purpose.

The contracting of any service implies full acceptance of these conditions.

03Nature of the services

Winner Partners provides professional services of a strategic, technical, creative and consultative nature.

Unless expressly stated otherwise in writing, all obligations assumed by Winner Partners are considered obligations of means and not of result.

Consequently, Winner Partners does not guarantee:

• Increases in revenue.
• Increases in profit.
• Acquisition of customers.
• Economic profitability.
• Return on investment.
• Specific commercial results.
• Achievement of specific business objectives.

Results depend on multiple factors beyond Winner Partners' control, including market circumstances, competition, commercial offering, the client's execution capacity and the behavior of third parties.

04Client obligations

The client undertakes to:

• Provide truthful, complete and up-to-date information.
• Provide the access, permissions and resources necessary for the provision of the service.
• Actively collaborate when their participation is necessary.
• Attend to reasonable requests for information or validation.
• Meet the agreed deadlines for the delivery of materials or documentation.

Winner Partners shall not be liable for delays, incidents or results affected by breaches, omissions or delays attributable to the client.

05General exclusions

Unless expressly agreed in writing, no contracted service will include:

• Guarantees of economic or commercial results.
• Services not expressly included in the accepted commercial proposal.
• Continued services once the contracted period has ended.
• Unlimited support.
• Development of features or integrations not budgeted for.
• In-person assistance.
• Additional training not contemplated in the contract.
• Any action outside the initially agreed scope.

Any additional request may require a new commercial proposal.

06Fees and method of payment

The prices of the services will be those indicated in the commercial proposal, quotation, contracting order or equivalent document accepted by the client.

Unless otherwise agreed:

• Amounts are expressed excluding VAT.
• Payments must be made within the agreed deadlines.
• The start of the work may be conditional on the corresponding prior payment.

Failure to pay will entitle Winner Partners to temporarily suspend the provision of services until the situation is regularized.

07Term, suspension and termination

The duration of each service will be that established in the corresponding commercial proposal.

Winner Partners may suspend or terminate the provision early when any of the following circumstances arise:

• Breach of payment obligations.
• Repeated lack of cooperation on the part of the client.
• Technical or material impossibility of continuing the provision.
• Improper use of the services.
• Offensive, abusive conduct or conduct contrary to contractual good faith.

In these cases, amounts already paid will not be refundable except where there is a legal obligation to the contrary.

08Intellectual & industrial property

All systems, methodologies, processes, documentation, structures, materials, resources, procedures, developments, designs and knowledge generated or used by Winner Partners shall remain its exclusive property.

Unless expressly agreed in writing, the contracting of services does not imply the assignment of intellectual property over internal methodologies, work processes or systems developed by Winner Partners.

The client shall retain ownership of the materials and content they provide.

09Confidentiality

Both parties undertake to maintain absolute confidentiality regarding all strategic, commercial, technical or financial information obtained during the contractual relationship.

This obligation shall remain in force even after the termination of the services.

10Limitation of liability

To the maximum extent permitted by applicable law, Winner Partners shall not be liable for:

• Loss of profit.
• Loss of business opportunities.
• Loss of earnings.
• Indirect or consequential damages.
• Business decisions made by the client.
• Actions of third-party providers or external platforms.

11Force majeure

Winner Partners shall not be liable for delays or breaches caused by circumstances beyond its reasonable control, including, among others:

• Outages of third-party platforms.
• Problems with technology providers.
• Cyberattacks.
• Natural disasters.
• Labor disputes.
• Telecommunications interruptions.
• Actions of public authorities.

12Data protection

Personal data will be processed in accordance with the provisions of the current Privacy Policy.

The contracting of any service implies having read and accepted said policy.

13Right of withdrawal

When the client has the legal status of consumer, they may exercise the rights recognized by the applicable consumer regulations.

However, when the client expressly requests the immediate start of the provision of the service before the end of the legal withdrawal period, they may lose said right under the terms provided for in current legislation.

14Modifications

Winner Partners may modify these General Conditions when necessary for legal, technical, operational or business reasons.

The version in force will always be the one published on the website.

15Applicable law & jurisdiction

These General Conditions shall be governed by Spanish law.

Any dispute arising from their interpretation, execution or validity shall be resolved by the Courts and Tribunals that are competent in accordance with the applicable regulations.

Where the legislation permits, both parties agree to expressly submit to the Courts and Tribunals of Barcelona, waiving any other jurisdiction that may correspond to them.