CLUPIK has carried out the development of an application for mobile devices and a web tool that offers clubs and sports organisations the services of internal and public communication channel, interaction with the user community, administration of private information, online procedures, management of personnel, teams and competitions and integration of external tools.
THE CLIENT wishes to contract the product developed by CLUPIK.
Both parties recognise that they have sufficient capacity to sign this document;
1.- PURPOSE OF THE CONTRACT
The object of the present contract is the provision of professional services consisting of. These services will be verified in the terms and conditions that appear regulated throughout the present document.
2.- GENERAL CONDITIONS FOR THE PROVISION OF THE SERVICE
2.1 The provision of the services covered by this contract will be carried out by CLUPIK subject to the offer submitted by itself.
2.2 Both parties recognise that the offer referred to in the previous paragraph and which have been subscribed and accepted by THE CUSTOMER prior to the act of signing this contract, are an integral part of the same, the same being bound by the terms and conditions established in said documents.
If there is a contradiction between the contract and the specifications, the provisions of the contract shall prevail.
3.- DURATION OF THE CONTRACT
This contract is valid for one year from the date agreed in the estimate generated with the commercial agent. Once the year has expired, the agreement will be automatically extended for one more year, respecting all the agreed services, unless CLUPIK and/or THE CLIENT express the contrary.
If CLUPIK and/or THE CLIENT wish not to continue with the agreement, they must communicate this to the other party at least 30 days prior to the date of termination of the service.
4.- PRICE, METHOD OF INVOICING AND PAYMENT
4.1 The price agreed by the parties is the price stipulated in the quotation agreed by the parties via email.
4.2 The price agreed by the parties, as consideration for the services contracted, will be invoiced by CLUPIK on a monthly or annual basis at the CLIENT'S choice.
4.3 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 CUSTOMER shall pay the costs incurred by the bank as well as an additional €10 per month for administration and management costs.
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 applicable CPI published by the National Institute of Statistics.
5.1 CLUPIK will carry out the service entrusted by THE CUSTOMER with absolute confidentiality, with due diligence and professional secrecy. The information, documentation and material given to it by the CLIENT or to which the CLIENT has access for any other reason will be used exclusively for the aforementioned service. In this sense, CLUPIK is bound, in the performance of its functions, to the principles of good faith, secrecy, professionalism and confidentiality, and may not provide the information it obtains in the exercise of those functions, whenever they may favour the professional activity of third parties or harm THE CUSTOMER, expressly undertaking not to make copies, record, reproduce, manipulate, reveal to third parties, or make available to them the information or documentation that it may receive directly or indirectly from THE CUSTOMER, or has used for the performance of the service contracted. CLUPIK undertakes not to disclose 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 relating to the activity carried out by THE CUSTOMER.
5.2 CLUPIK shall be liable to the CLIENT for the non-fulfilment of the obligations assumed by virtue of the present stipulation, which is directly attributable to CLUPIK or to any of its collaborators, for which it shall be legally liable even after the termination of the contract for any cause whatsoever.
6.- INTELLECTUAL PROPERTY
6.1 CLUPIK is the sole owner of the application, as well as the design and code developed.
6.2 CLUPIK reserves the right to delete content generated in the CLIENT's application or to suspend the licence and use of the application by the CLIENT when this content may be defamatory or harmful to persons or groups.
7.1 CLUPIK is responsible to the CLIENT for the complete and satisfactory fulfilment of the contract, which will be executed at its own risk and expense, undertaking to the CLIENT to respect optimum levels of quality during the development of the service and without in any case, except in cases of force majeure, the provision of the contracted service being interrupted.
8.- NON-FULFILMENT AND CAUSES FOR TERMINATION
8.1 Both contracting parties must comply with the obligations assumed in the present contract in the terms established throughout the same. In the event that either party fails to fulfil any of the essential obligations of this contract, or fulfils them in a defective manner, the party that in turn has fulfilled its own obligations may consider that there has been a breach of contract in the terms established in article 1.124 of the Civil Code, being entitled to choose between terminating the contract or demanding its fulfilment, claiming, in both cases, the corresponding compensation for damages and losses.
8.2 Cause for early termination of the contract will be suspension of payments, bankruptcy and insolvency proceedings as well as non-fulfilment by CLUPIK of the levels of quality and continuity committed by the same for the provision of the service, in the terms and conditions given in the present contract.
All cases in which the non-fulfilment of any of the parties is due solely and exclusively to cases of force majeure are in any case excluded.
In addition to the general causes of termination of obligations provided for in our law, repeated deficiencies in the execution of the contract shall constitute causes for termination of the contract for reasons attributable to the CUSTOMER.
9.- ARBITRATION AND LEGAL REGIME
9.1 For any doubt or dispute 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 The present contract will be governed by the provisions of the documents that have served as the basis for the award of the same, by the will of the parties expressed in the clauses contained in the same, and failing this, by the provisions of the mercantile and civil legislation in force, both Spanish and of the European Union that may be applicable.