These General Terms and Conditions of Sale (GTC) govern all sales and services provided by CUB3 to businesses and individuals. By placing an order, the Buyer acknowledges having read, understood, and accepted these terms in full, unless otherwise agreed in writing between the parties.
All sales require a kick-off meeting and a signed contract between the parties. Any deviations from these conditions must be expressly agreed upon in writing.
CUB3 reserves the right to modify these terms when necessary. Any modifications will be communicated to the Buyer in writing at least 30 days before they take effect. If the Buyer does not agree with the changes, they have the right to terminate their contract before the new terms apply. Continued use of CUB3’s services after the notice period constitutes acceptance of the modified terms.
CUB3 provides the following services to businesses and individuals:
These terms apply to both direct sales and consultancy services. A sale or service engagement is considered finalized only upon the mutual signing of a written quotation or contract, which must clearly outline the scope, deliverables, pricing, and timeline. Verbal or informal agreements will not be considered binding.
Any additional service request or modification beyond the agreed contract terms must be:
Orders may be placed via phone, email, or the company's contact form. However, an order is considered valid only after written confirmation from CUB3 and the mutual signing of a quotation outlining the scope, deliverables, pricing, and timeline.
The Buyer may request modifications or cancellations only in writing, stating a valid reason such as force majeure, regulatory changes, or unforeseen project constraints.
Requests must be made at least 14 days before the scheduled delivery date.
If accepted, the Buyer will be required to compensate CUB3 for:
CUB3 reserves the right to refuse any order that:
Payments for project-based services follow this structure:
Consultancy services are invoiced monthly, with a 30-day payment deadline from the invoice date.
Any disputes regarding invoices must be raised in writing within 15 days of receipt. The undisputed portion of the invoice must still be paid by the due date.
Any amount not paid by the due date shall automatically bear late payment interest, without the need for formal notice, at an annual rate of 18% (i.e. 0.0493% per day), calculated pro rata temporis from the day following the due date, in accordance with Llei 22/2013 (Andorra), or, for transactions governed by the law of a European Union Member State, with Directive 2011/7/EU.
If the delay exceeds 30 days, CUB3 reserves the right to suspend its services and/or initiate recovery proceedings. The debtor shall bear all recovery costs incurred; where the debtor is established in the European Union, a minimum fixed compensation of €40 shall also be due, without prejudice to any additional justified costs.
CUB3 does not provide physical product delivery.
The delivery of digital products or project results will be conducted via secure online transfer (e.g., encrypted file transfer, cloud storage), as agreed in the contract.
Upon delivery, the Buyer must confirm receipt in writing within 15 business days. If no objections are raised within this period, the delivery shall be considered accepted.
Delivery timelines will be outlined in the contract or project agreement.
In case of a delay caused by force majeure events (e.g., natural disasters, cyberattacks, regulatory restrictions), CUB3 shall notify the Buyer promptly and propose an adjusted timeline.
CUB3 will not be held liable for delays caused by the Buyer, including failure to provide necessary information, approvals, or access required for project completion.
Unless otherwise stated in the contract, CUB3 provides a default warranty period of 30 days from the delivery date.
CUB3 warrants that all projects will be delivered in accordance with agreed specifications and will be free from material defects during the warranty period.
Any claims regarding project execution must be submitted in writing within 30 days of delivery.
Claims must include detailed documentation (e.g., screenshots, error logs, descriptions of defects).
CUB3 will acknowledge receipt of claims within 15 business days and propose corrective actions within a reasonable timeframe.
If a support contract is in place, technical issues will be addressed per the terms defined in the service agreement.
CUB3 commits to responding to support requests within 15 business days and providing resolutions within a reasonable timeframe.
Beyond the warranty and support obligations stated above, CUB3 shall not be liable for indirect damages, loss of profits, or third-party claims.
This limitation does not apply in cases of gross negligence, fraud, or violations of mandatory legal obligations.
If CUB3 is responsible for a project delay, the parties will agree in writing on a revised delivery schedule.
If the delay exceeds 30 days, the Buyer may request a partial refund or contract termination, unless an extension is mutually agreed upon.
If delays are due to client-side factors (e.g., lack of timely feedback, missing approvals), CUB3 will provide written notice and adjust the timeline accordingly. The Buyer remains responsible for any additional costs incurred.
CUB3 will provide bug fixes for defects identified within the warranty period at no additional charge.
If a support contract is in place, technical support will follow the agreed terms.
Any additional technical assistance or support outside the agreed terms may be billed separately at the applicable rate.
CUB3 shall not be liable for indirect damages, loss of revenue, loss of data, or third-party claims resulting from the use of its services.
CUB3’s total liability shall not exceed the total amount paid by the Buyer under the relevant contract.
This limitation does not apply in cases of gross negligence, fraud, or legal obligations that cannot be excluded under applicable law.
CUB3’s obligations may be suspended in the event of force majeure, defined as unforeseeable, unavoidable, and external events beyond reasonable control, including but not limited to:
If a force majeure event occurs, CUB3 will promptly notify the Buyer in writing and propose alternative solutions or adjusted timelines.
Both parties shall make reasonable efforts to minimize the impact and resume obligations as soon as possible.
If the force majeure event prevents performance for more than 30 days, either party may terminate the contract without penalty.
The Buyer shall not be required to make payments for undelivered services. If payments were made in advance, a pro-rata refund will be issued for unfulfilled portions of the contract.
This contract shall be governed and interpreted in accordance with the laws of Andorra, including all matters related to its execution, performance, and termination.
In the event of a dispute, both parties agree to first attempt to resolve the issue amicably through written negotiations within 30 days of the dispute arising.
If no resolution is reached, the parties agree to submit the dispute to mandatory mediation before an independent mediator, with costs shared equally.
If mediation fails, the dispute shall be settled by binding arbitration by the courts of Andorra.
If court proceedings are necessary, the courts of Andorra shall have exclusive jurisdiction over any disputes arising from this contract.
Nothing in this clause prevents either party from seeking injunctive relief or urgent legal remedies in other jurisdictions where necessary.
'Confidential Information' refers to any non-public information exchanged between the parties, including but not limited to:
Both CUB3 and the Buyer agree to use Confidential Information only for the purpose of fulfilling the contract.
These confidentiality obligations shall remain in effect for the duration of the contract and for 5 years after its termination.
If required by law, court order, or regulatory authority, a party may disclose Confidential Information only after notifying the other party (unless legally prohibited).
In case of unauthorized disclosure or misuse of Confidential Information:
Unless otherwise agreed in writing, all intellectual property created by CUB3, including but not limited to designs, methodologies, source code, and documentation, remains the exclusive property of CUB3.
CUB3 retains ownership of any pre-existing intellectual property, tools, templates, or proprietary methods used in the project.
The Buyer is granted a limited, non-exclusive, non-transferable license to use the deliverables solely for the agreed purpose as outlined in the contract.
The Buyer may not sublicense, modify, reproduce, distribute, or commercially exploit the deliverables without CUB3’s prior written consent.
If the Buyer provides substantial contributions to the development of intellectual property, a separate agreement shall define ownership and licensing rights.
Any intellectual property explicitly assigned to the Buyer must be agreed upon in writing.
Unauthorized use, reproduction, or modification of CUB3’s intellectual property shall result in immediate termination of the license and may lead to legal action.
CUB3 reserves the right to seek damages or injunctive relief for any breach of this clause.
For formal legal notices, contract-related communications, or disputes, correspondence must be sent via registered mail or legally recognized electronic means to the above address.
By engaging with CUB3’s services, the Buyer expressly acknowledges and agrees to these General Terms and Conditions of Sale. Where required, acceptance may be confirmed through signature, digital confirmation, or other legally valid means.