Terms and Conditions

1. Scope of these terms

These terms govern services provided by BARI BUTI MARKETING S.L., registered office CL. GAITA, 19, 41806 Umbrete (Sevilla), Spain, to the client identified in a signed proposal or statement of work.

Where a signed proposal contains a term that differs from this page, the proposal takes precedence for that engagement. These terms fill the gaps rather than override what was individually agreed. They also govern use of this website by any visitor.

2. Services and deliverables

Each engagement is defined by a written proposal setting out the scope, the named specialists assigned, the deliverables, the timeline and the metric against which the work will be assessed. Nothing outside that document is included by implication.

Changes to scope

Additional work is quoted and agreed in writing before it starts. We do not begin unquoted work and invoice for it afterwards, and we do not treat a request made in a weekly call as authorisation to expand scope.

Named team

The specialists listed in the proposal remain assigned to the engagement. Where illness or departure makes a change unavoidable, we will notify the client before any handover and the replacement will be of equivalent seniority.

Diagnostic period

Retainers open with a 21-day diagnostic. During that period we audit measurement, establish the baseline figures in writing and produce a ranked execution plan. Structural changes to campaigns, tracking or site architecture begin only after the client has accepted the baseline document.

3. Fees and payment

• Retainer fees are fixed monthly amounts stated in the proposal and invoiced in advance on the first working day of each month.
• Fixed-scope project and audit work is invoiced 50% on commencement and 50% on delivery, unless the proposal states otherwise.
• Invoices are payable within 30 days of issue, in euros, by bank transfer to the account shown on the invoice.
• Spanish VAT is applied where due. For business customers elsewhere in the European Union holding a valid VAT number, the reverse charge mechanism applies.
• Overdue amounts accrue statutory late payment interest under Spanish Law 3/2004. Where an invoice remains unpaid 30 days beyond its due date, we may suspend work after giving seven days' written notice.

Fees may be reviewed once in any twelve-month period, with at least 60 days' written notice. Any revision applies from the start of a new billing period and never retroactively.

4. Media spend

Advertising budgets are paid by the client directly to the platform. We do not resell media, we do not apply a percentage of spend, and we do not hold client funds. Our fee is unaffected by the size of the budget we manage.

The client owns the advertising accounts and remains the contracting party with each platform. We work as an authorised user with the access level required for the engagement, and that access can be revoked by the client at any time.

We recommend budget levels supported by measured performance, and we will recommend reducing spend where the numbers justify it. Final budget decisions rest with the client.

5. Client responsibilities

Delivery timelines assume the client provides, within a reasonable period of request:

• Access to advertising accounts, analytics properties, CRM records, hosting and repositories required for the agreed work.
• A single named decision maker with authority to approve deliverables, and a nominated deputy.
• Brand assets, product information and technical input needed to produce the deliverables.
• Feedback on submitted work within five working days. Work not commented on within ten working days is treated as approved so that dependent tasks can proceed.

Where delay in these items pushes a milestone, the timeline moves accordingly and the retainer continues to be invoiced. We will flag the impact in writing at the time rather than raise it at the end of a phase.

6. Intellectual property

On payment of the relevant invoice, all rights in deliverables produced for the client transfer to the client. This includes source code, tracking implementations, campaign structures, creative assets, reporting queries and documentation.

We retain rights to our pre-existing methods, internal tooling and templates, none of which are required for the client to continue using or maintaining the deliverables. Nothing is architected to create a dependency on us.

Third-party components, such as open-source libraries and licensed fonts or imagery, remain subject to their own licences, which are documented in the handover materials for each build.

We may describe a delivery method as an anonymised engagement pattern. Client outcomes, names, logos and identifiable details are published only with prior written permission, and the client may withdraw that permission at any time.

7. Confidentiality

Each party will keep the other's confidential information private, use it only for the engagement, and restrict access to personnel who need it. This obligation continues for three years after the engagement ends.

Confidential information excludes anything already public, independently developed, or which a party is legally required to disclose. Where disclosure is legally required, the disclosing party will notify the other in advance unless prevented from doing so.

Commercial figures, pipeline data and customer records seen during an engagement are treated as confidential without needing to be marked as such.

8. Results and warranties

We warrant that services will be performed with the skill and care expected of experienced specialists in this field, and that deliverables will conform to the specification in the proposal.

We do not guarantee specific commercial outcomes. Marketing performance depends on product quality, pricing, the client's sales process, competitor activity and platform policy, most of which sit outside our control. Any figure discussed as a target is a target, not a contractual commitment, and we will say so plainly during the sales process.

Any future published client outcome will identify its baseline, measurement window and source of record, and will require the client's prior written permission. It will not represent that comparable results will follow in another engagement.

9. Liability

Our total liability arising from an engagement is limited to the fees paid by the client for the three months preceding the event giving rise to the claim.

Neither party is liable for indirect or consequential loss, including lost profits, lost revenue, lost data or business interruption, even where the possibility was known.

Nothing in these terms limits liability for fraud, wilful misconduct, gross negligence, death or personal injury, or any other liability that cannot lawfully be limited under Spanish law.

Neither party is in breach where performance is prevented by events beyond reasonable control, including infrastructure failure, platform policy changes that remove a channel, or governmental action. The affected party will notify the other promptly and both will work to limit the impact.

10. Term and termination

• Retainers run for the minimum term stated in the proposal, typically six months for demand generation and analytics work, and nine months for search engine optimisation.
• After the minimum term, either party may terminate on 60 days' written notice. There is no exit fee.
• Either party may terminate immediately for material breach that remains uncured 14 days after written notice, or on the other's insolvency.
• Fixed-scope projects end on delivery and acceptance of the agreed deliverables.

On termination

Fees for work performed up to the termination date fall due. Within ten working days we transfer all deliverables, remove our access from client systems, and provide a written handover covering account structures, tracking implementation and outstanding items. Confidentiality obligations survive termination.

11. Governing law

These terms are governed by Spanish law. The courts of Sevilla, Spain, have exclusive jurisdiction over any dispute, save that either party may seek injunctive relief in any competent court to protect confidential information or intellectual property.

Before commencing proceedings, both parties agree to attempt resolution through a meeting between senior representatives within 30 days of a written request.

Questions about these terms can be sent to info@bari-buti.com. Personal data handling is described separately in our Privacy Policy.