Terms of Service | Ibertrust Global

1. Definitions and Interpretation

1.1 Definitions

In this document, unless otherwise stated:

Business Day means a day other than a Saturday, Sunday, bank or public holiday in Spain.
Conditions means these terms and conditions as amended from time to time in accordance with clause 12.1.
Confidential Information pertains to non-public, proprietary data shared between parties during the course of service provision.
Contract denotes the legally binding agreement formed between the Supplier and the Customer upon mutual confirmation of services and fees.
Controller, process, Personal Data shall each have the meaning ascribed to them in the EU GDPR Data Protection Legislation.
Customer refers to the natural person or legal entity purchasing services.
Data Protection Legislation means the European Union legislation relating to Personal Data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of Personal Data.
Deliverables means any documents, reports, materials, or other outputs produced by us during service provision.
Fees means the fees payable by the Customer to the Supplier for the Services as stated by the Supplier from time to time.
Intellectual Property Rights means patents, utility models, rights to inventions, copyright and related rights, moral rights, trademarks, business names and domain names, rights in get-up, goodwill, database rights, trade secrets, and all other intellectual property rights.
Services include any deliverables and activities provided as part of the contract, such as assessments, documentation, regulatory consulting, or other professional tasks.
Supplier or we/us/our refers to Ibertrust Global S.L.
Year means a calendar year.

1.2 Interpretation

A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute includes all subordinate legislation.
Any words following the terms including, include, in particular, for example, or any similar expression, shall be construed as illustrative and shall not limit the sense of the words.
A reference to writing or written includes email.

2. Scope and Basis of Contract

2.1 These terms and conditions apply to all services and interactions between the Customer and Supplier (Ibertrust Global S.L.) unless explicitly modified in writing and agreed upon by both parties. Any conflicting terms from the Customer are expressly excluded.

2.2 Service provision is contingent upon mutual agreement on the scope of work and fees. Our acceptance of any service request, whether made in writing or verbally, is discretionary and may require further negotiations.

2.3 The Contract shall commence on the date when it has been confirmed or signed by both parties and shall continue for the Contract Term, unless terminated earlier in accordance with clause 5 or automatically prolonged by 1 year.

2.4 The Supplier shall supply the Services to the Customer from the Services Start Date in accordance with the Contract.

2.5 In supplying the Services, the Supplier shall perform the Services with reasonable care and skill, comply with all applicable laws, and use reasonable endeavours to perform the Services.

2.6 On completion of a service, the Supplier will keep all necessary documents, certifications, product technical files, and other papers in order to execute our tasks quickly and efficiently.

2.7 The Supplier stores files for a minimum period of 5 years according to the regulatory requirements.

2.8 The Supplier reserves the right to adjust the scope, specifications, and timeline of services to comply with regulatory requirements or to account for new information provided by the Customer, provided that such amendments do not materially alter the nature of the services.

2.9 Prior to the conclusion of an Agreement, Customer must provide Supplier with all essential information. Customer guarantees the accuracy and completeness of the information provided on which Supplier bases its Quotation.

2.10 Customer makes itself available for answering questions from Supplier whose answers are necessary for the execution of the Agreement and Supplier may (in the absence of this information) suspend its work.

2.11 All Quotations are extended without obligation. Obvious mistakes or errors in the Quotation are not binding on Supplier.

2.12 A Quotation is valid for 14 days from the day it is dated unless agreed otherwise in writing.

2.13 Upon Supplier's request, Customer shall provide samples of the Products. The Customer is responsible for the shipment of these samples and all related costs. If shipped from outside the EU, the Customer must indicate that it is a test sample intended for temporary import and export. All potential customs costs incurred will be the responsibility of the Customer.

2.14 The Supplier agrees to have the following options of services:

EU Responsible Person: Providing the required EU Responsible Person information for fulfilling GPSR duties, serving as the official point of contact.
EPR Compliance: Assisting with compliance related to Extended Producer Responsibility (EPR) for packaging, batteries, and WEEE waste.
VAT Representation: Providing dedicated VAT Authorized representative services in European jurisdictions.

3. Customer Responsibilities and Obligations

3.1 The Customer agrees to provide all necessary access to information, facilities, and materials as reasonably required. Customer warrants that all information provided will be complete, accurate, and up-to-date.

3.2 The Customer must maintain all necessary licenses, permits, and consents and comply with all applicable laws related to its operations and the products.

3.3 The Customer agrees to indemnify and hold the Supplier harmless against any claims arising from Customer-provided information or materials, including but not limited to inaccuracies or regulatory non-compliance.

3.4 The Customer must ensure that all products comply with the General Product Safety Regulation (GPSR). This includes conducting safety tests, appropriate warning labels, and obtaining required CE certificates where needed.

3.5 The Client is solely responsible for ensuring the safety and compliance of their products. Ibertrust Global S.L. disclaims all warranties, whether express or implied, regarding the completeness or absolute compliance of the products themselves.

4. Charges and Payment

4.1 In consideration for the provision of the Services, the Customer shall pay the Supplier the Charges.

4.2 The Supplier may adjust the Charges on an annual basis and shall send the Customer updated rates.

4.3 The currency of the Contract is US Dollar, and all amounts due under the Contract shall be invoiced in US Dollar, with payment options in USD or Customer's local currency.

4.4 The Customer shall pay each invoice submitted by the Supplier within the Payment Terms bank details nominated by the Supplier.

4.5 If the Customer fails to make any payment by the due date, interest will accrue each day at 4% a year, the Customer shall be responsible for covering outstanding debt recovery costs, and the Supplier may suspend all Services.

5. Termination

5.1 The non-defaulting party has the right to terminate this agreement immediately by providing written notice if the other party ceases business operations, becomes insolvent, files for bankruptcy, or executes assignments for the benefit of creditors.

5.2 Either party may terminate this agreement with a 3-month notice period.

5.3 Ibertrust Global S.L. reserves the right to terminate the agreement immediately if the Client extends their product line with hazardous, recalled, or non-compliant products without prior written consent.

6. Confidentiality and Data Protection

6.1 Both parties agree to treat all exchanged proprietary and confidential information with the strictest confidentiality. Both parties will comply with applicable data protection laws.

6.2 The Supplier will process personal data solely for service provision in accordance with GDPR, maintaining adequate safeguards.

7. Intellectual Property and Usage Rights

7.1 All intellectual property rights in or arising from the services, except for materials provided by the Customer, remain the exclusive property of the Supplier.

7.2 The Supplier grants the Customer a limited, non-exclusive, non-transferable license to use deliverables solely for the intended business purposes.

8. Limitation of Liability

8.1 The Supplier’s liability for claims arising under this contract is limited to the fees paid by the Customer in the 12-month period preceding the claim. Ibertrust Global S.L. serves as an economic operator or representative point of contact and is not responsible for any product manufacturing or inherent design defects.

8.2 The Supplier is not liable for indirect, special, or consequential damages, including loss of profits, data, or business opportunities.

8.3 The Customer must hold the Supplier liable for any damage suffered no later than one calendar month after it becomes aware of a damage-inducing circumstance. Claims will lapse after 12 calendar months.

9. Force Majeure

9.1 Neither party is liable for delays or non-performance due to force majeure, including natural disasters, flooding, fire, government measures, power failures, or telecommunications interruptions.

9.2 If a force majeure event continues for more than three months, either party may terminate the contract.

10. Notices

10.1 Any notices or communications required under this agreement must be in writing and delivered to the addresses or emails specified by each party.

11. Governing Law and Jurisdiction

11.1 This agreement and any disputes arising out of it are governed by the laws of Spain.

11.2 The parties agree to first attempt to resolve disputes through good-faith negotiation. If unresolved within 30 days, the parties agree to participate in mediation. If mediation fails, the exclusive jurisdiction lies with the courts in Castelló de la Plana, Spain.

12. User Conduct and Acceptable Use

12.1 Users agree to use the service in accordance with these Terms of Service. Prohibited activities include posting unlawful content, attempting unauthorized access, automated scraping or data mining, reverse engineering, and disrupting the servers.

13. Contact Information

If you have any questions regarding these Terms, please contact us through our contact page or directly via email at contact@ibertrust.info.