Terms and Conditions

1. Company information

2. Subject matter

These General Conditions govern the provision of technology consulting, ERP / MRP implementation, custom software development, AI solutions, and public-sector projects by Jacar Systems S.L. (hereinafter, "Jacar Systems S.L." or "the Provider").

Requesting and contracting any service implies full and unconditional acceptance of these General Conditions in the version in force at the time of signing the contract or service proposal.

3. Project scope and discovery phase

• Every project starts with a discovery phase in which the client’s requirements are analysed, the functional and technical scope is defined, and the deliverables are established.
• The client undertakes to provide the information and technical access required so the Provider can perform a well-grounded analysis.
• The agreed scope will be set out in writing in the accepted proposal or in the service contract.
• Any change to the scope after acceptance will be handled through a formal change request, with its corresponding cost and timeline assessment.

4. Proposals and quotes

• Proposals and quotes are detailed and include: scope of work, deliverables, estimated timelines, assigned team, financial conditions, and starting assumptions.
• Quotes are valid for 30 calendar days from issue, unless otherwise stated.
• Work will not begin until the quote is expressly accepted and, where applicable, the contract is signed.
• Prices are stated in euros and exclude VAT, unless otherwise indicated.

5. Timelines and implementation

• The timelines stated in proposals are estimates based on the assumptions gathered during the discovery phase.
• Projects are executed in phases or iterations, with client validation milestones at the end of each one.
• Delays attributable to the client (missing information, delayed validations, unavailability of their staff) shall not be the Provider's responsibility and may entail rescheduling and cost adjustments.
• The client will be notified of any significant delay through the contact channels agreed in the contract.

6. Service warranty

The warranty does NOT cover:

• New features or requirements that are not part of the contracted scope.
• Failures caused by changes made by third parties or by the client itself without the Provider’s authorization.
• Incidents caused by environment changes (operating system, database, libraries, third-party modules) after delivery.
• Performance issues arising from infrastructure sizing different from what was recommended.

7. Support and maintenance

• Once the warranty period ends, the client may contract ongoing support and maintenance of the delivered software.
• Support services are governed by a specific agreement (SLA) that defines response times, severity levels, and escalation procedures.
• Support may include: functional evolution, version upgrades, incident resolution and recurring consulting.

8. Payment terms

• Unless otherwise agreed, projects are billed by milestones tied to the deliverables defined in the proposal.
• Recurring services (support, maintenance, subscriptions) are billed monthly or annually in advance.
• Accepted payment methods: bank transfer and SEPA direct debit.
• Standard payment term: 30 days from invoice date, unless otherwise agreed with the client.
• Non-payment of an invoice entitles the Provider to suspend services until payment is regularized.

9. Intellectual property and licensing

Software developed bespoke for the client will become its property once the full price has been paid, unless otherwise agreed. Third-party modules, libraries and components under free or open-source licences keep their original licences. The Provider retains ownership of the pre-existing tools, frameworks, methodologies and generic components used in the development.

10. Confidentiality

Both parties undertake to keep confidential the information exchanged during the contractual relationship. This obligation will remain in force for 5 years after the end of the contract. A specific NDA may be signed at the client’s request.

11. Limitation of liability

Jacar Systems S.L. shall not be liable for data loss, lost profits, or any other indirect or consequential damage arising from use of the delivered software. The client is recommended to maintain a backup policy and a business continuity plan appropriate to the criticality of their systems.

The maximum liability of Jacar Systems S.L. is in any case limited to the amount actually paid by the client for the specific project or service from which the claim arises.

12. Data protection

Personal data processing is carried out in accordance with our Privacy Policy and the data-protection regulations in force (GDPR and LOPDGDD). When the Provider acts as a processor of personal data owned by the client, a processor agreement will be signed in accordance with article 28 of the GDPR.

13. Dispute resolution and governing law

These General Conditions are governed by Spanish law.

For the resolution of any dispute arising from these terms, the parties will first attempt to resolve any discrepancy amicably. If no agreement is reached, they shall submit to the Courts and Tribunals of Madrid, expressly waiving any other jurisdiction that might apply.

14. Modifications

Jacar Systems S.L. reserves the right to modify these General Conditions. Changes shall be effective from their publication on this website. The conditions applicable to each service shall be those in force at the time the proposal or contract is signed.