That CLUPIK has carried out the development of an application for mobile devices and web tool that offers clubs and sports organizations both internal and public communication channel services, interaction with the user community, administration of private information, online procedures, personnel, teams and competitions management, and integration of external tools.
THE CLIENT wishes to contract the product/service developed by CLUPIK.
Both parties acknowledging sufficient capacity to sign this document;
1.- PURPOSE OF THE CONTRACT
The purpose of this contract is the provision of consistent professional services. These services will be verified in the terms and conditions that appear regulated throughout this document.
2.- GENERAL CONDITIONS OF SERVICE PROVISION
2.1 The provision of services intended in this contract will be carried out by CLUPIK, subject to the offer presented by CLUPIK itself.
2.2 Both parties acknowledge that the offer referred to in the previous paragraph and that have been signed and accepted by THE CLIENT prior to the signing of this contract, are an integral part of it, being linked in the terms and conditions established in said documents.
If there is a contradiction between the contract and the specifications, what is established in the contract will prevail.
3.- DURATION OF THE CONTRACT
This contract is valid for one year from the date agreed within the budget generated together with the salesperson. Once the year has ended, the agreement will be extended automatically, respecting all the agreed benefits; unless CLUPIK and/or THE CLIENT express otherwise.
If CLUPIK and/or THE CLIENT wish not to continue with the agreement, they must communicate it to the other party at least 30 days before the date of cancellation of the service.
4.- PRICE, BILLING FORM AND PAYMENT
4.1 The price agreed by the parties is the one stipulated in the budget agreed by the parties via mail.
4.2 The price agreed by the parties, as consideration for the contracted services, will be invoiced by CLUPIK on a monthly or annual basis depending on the CLIENT's choice.
4.3 The payment will be made within the first seven days of the month by direct debit to the account number provided by THE CLIENT. In the event that the direct debit is returned, THE CLIENT will pay the expenses caused by the bank as well as an increase of €10 per month for administration and management expenses.
4.4 In the event of an express extension by agreement of the parties, the price established in this contract may be increased by the CPI published by the appropriate National Institute of Statistics.
5.1 CLUPIK will carry out the service entrusted by THE CLIENT with absolute confidentiality, with due diligence and professional secrecy. The information, documentation and material that is delivered by THE CLIENT or to which the CLIENT has access for any other reason, will have the exclusive purpose of using it for the aforementioned service. In this sense, CLUPIK is due, in the performance of its functions, to the principles of good faith, secrecy, professionalism and confidentiality, and may not provide the information obtained in the exercise of those, provided that they may favor the professional activity of third parties or harm THE CLIENT; expressly committing not to make copies, record, reproduce, manipulate, reveal to third parties, or make available to them the information or documentation that may be received directly or indirectly from THE CLIENT or was used for the elaboration of the contracted service. CLUPIK undertakes not to reveal to any person the negotiations, transactions or any matter of the parties, nor the content or existence of the contract signed between them, nor any other information related to the activity carried out by THE CLIENT.
5.2 CLUPIK will be liable to THE CLIENT for the breach of the obligations assumed under this stipulation, which is directly attributable to CLUPIK or to any of its collaborators; for whom it must be legally liable even after the termination of the contract for any reason.
6.- INTELLECTUAL PROPERTY
6.1 CLUPIK is the only owner of the application, as well as the design and code developed.
6.2 CLUPIK reserves the right to delete content generated in the application of THE CLIENT or suspend the license and use of the application by THE CLIENT when this content may imply defamation or damage to individuals or groups.
7.1 CLUPIK is responsible to THE CLIENT for the full and satisfactory fulfilment of the contract, which will be executed at its risk and peril, committing to THE CLIENT to respect optimal quality levels during the development of the service and without in any case, except in cases of force majeure, the provision of the contracted service may be interrupted.
8.- NON-COMPLIANCE AND CAUSES FOR RESOLUTION
8.1 Both contracting parties must comply with the obligations assumed in this contract within the terms established throughout it. In the event that any of them fails to comply with any of the essential obligations of this contract, or fulfils them defectively, the party that in turn would have fulfilled theirs, may consider that there has been a breach of the contract within the terms established by the Article 1,124 of the Civil Code; being empowered to choose between terminating the contract or demanding fulfilment, claiming, in both cases, the corresponding compensation for damages.
8.2 It will be cause for early termination of the contract the suspension of payments, bankruptcy, and insolvency proceedings, as well as the breach by CLUPIK of the levels of quality and continuity committed by it in order to the provision of the service within the terms and conditions that give in this contract.
In all matters, all those cases in which the breach of any of the parties is due solely and exclusively to cases of force majeure are excluded.
In addition to the general causes of termination of the obligations provided by our law, the repeated deficiencies in the execution of the contract for reasons attributable to the CLIENT will constitute causes for termination of the contract.
9.- ARBITRATION AND LEGAL FRAMEWORK
9.1 For any questions or disputes that may arise as a result of the application, execution or interpretation of this contract, the parties, expressly waiving any other jurisdiction that may correspond to them, expressly submit to the jurisdiction and competence of the Courts and Tribunals of the city of Madrid.
9.2 This contract will be governed by the provisions of the documents that have served as the basis for its adjudication, by the will of the parties expressed in the clauses contained therein, and failing that, by the provisions of commercial and civil law in force, both Spanish and from the European Union that may be applicable.