General terms and conditions

1. Parties and purpose

These terms govern the contracting of the website creation and maintenance services offered by Díaz Oliva, with registered address at Calle Alzina 52, 28044 Madrid, Madrid, España and email address contacto@diazoliva.com (hereinafter, "the provider"), through the site diazoliva.com. The owner's full name and tax ID are set out in the legal notice.

2. Type of client

These terms distinguish between two situations, because the applicable rights are not the same:

• Consumer client: a natural person who contracts for a purpose outside their business or professional activity. The texto refundido de la Ley General para la Defensa de los Consumidores y Usuarios (TRLGDCU, the Spanish consolidated consumer protection act) applies to them, including the right of withdrawal.
• Business client: a natural or legal person who contracts within the scope of their business or professional activity. The right of withdrawal does not apply to them, nor does the rest of consumer law.

The capacity in which someone contracts depends on what the commission is for, not on a tick box, and most commissions (a website for a business) fall into the second situation. That is why the 14-day window to change your mind about the fee, governed by section 10, is offered to every client alike: to a consumer because the law grants it, and to a business client because the provider grants it as a commercial guarantee even though it does not apply to them. That way the client declares nothing about their capacity and the provider has to establish nothing.

3. Steps to enter into a contract

In accordance with article 27 of the LSSI (Ley 34/2002, the Spanish e-commerce and information society services act), the process is as follows:

1. Creation. The client goes to https://diazoliva.com/en/build and chooses where to start: a short form from which a set of written rules composes the structure of the site, one of the sample templates, or the blank editor. This step is free, requires no account and creates no obligation whatsoever.
2. Editing. The client writes their own text and chooses the palette and the typography in the editor, seeing the result alongside as they type. Trying it out costs nothing and does not oblige you to enter into a contract.
3. Saving. On saving, the client provides an email address and the project is created. The site is then served at a private address with a draft watermark, and a sign-in link to the client area is sent to that address. Saving remains free and creates no obligation.
4. Publication. When the client decides to publish, the system assigns them the entry plan, which has no cost and requires no means of payment, and checks that the site they have built fits within what that plan includes. If it does, the watermark is removed and the site starts being served as published, without creating any obligation to pay.
5. Taking out a paid fee. This is only needed when the site built exceeds what the client's plan includes, or when they want to publish more sites than that plan supports. Before confirming, the same screen shows them the plan that covers it, its price with VAT included, how often it is charged, that it renews unless cancelled, and that they have 14 days to change their mind with a full refund. They confirm by clicking a button whose wording states unambiguously that the action carries an obligation to pay, in accordance with article 98.2 of the TRLGDCU. No waiver of the right of withdrawal is requested from them.
6. Performance. Publication is automatic and happens within minutes, both on the entry plan and once the payment of a fee is confirmed.
7. Later publications. While a fee is in force, the client can publish up to the number of sites their plan states with no further charge.

Correcting errors. Before confirming the order, the client can go back to the editor and change whatever they like, or write to contacto@diazoliva.com.

The client's copy of the contract. On taking out the fee, the provider sends the client's email address the confirmation of the contract, stating what was taken out, its price with VAT included, how often it is charged, how to cancel, and links to these terms and to the withdrawal document. That email is the client's copy and can be stored and reproduced, in accordance with article 27.4 of the LSSI. The payment is also recorded in their client area, and its invoice, issued by the gateway, in the invoices section of that same area. These terms can be saved and printed from this page.

Languages. The contract may be formalised in Spanish or in English.

Confirmation. The provider confirms receipt of the acceptance by a means equivalent to the one used to contract and as soon as the acceptance is complete: the payment is recorded in the client area, where it can be consulted and stored, in accordance with article 28.1.b of the LSSI. Where neither party is a consumer, the parties expressly agree to exclude this confirmation obligation, as permitted by article 28.3.b of the LSSI.

4. Prices and payment

The prices published at https://diazoliva.com are shown taxes included, in accordance with article 20 of the TRLGDCU. The amount charged is the final price displayed and no tax is added on top, whatever the client's territory.

Which tax applies is determined by the address the client provides when paying, and it is broken out on the invoice with its net amount and its tax. On the Spanish mainland and in the Balearic Islands that is Spanish VAT. In the Canary Islands, Ceuta and Melilla, which fall outside the territory where Spanish VAT applies, the invoice does not charge it. A consumer in another European Union country is charged Spanish VAT, because the provider relies on the scheme for suppliers below the distance-selling threshold. A business client in another European Union country who provides a valid intra-Community VAT number is subject to the reverse charge. And a client from outside the European Union is not charged Spanish tax.

The service is contracted as a recurring fee, not as a single payment. What is paid for is having the site published, served and editable, and that is a continuing performance:

• Building the site, editing it, seeing all of it and publishing it within the entry plan costs nothing, and requires no means of payment. Until it is published, the site is served with a draft watermark.
• The fee starts when the site built exceeds what the entry plan includes, or when the client wants to publish more sites than that plan supports. What each plan includes is set out at https://diazoliva.com/en/pricing, and what a site needs is determined by its structure and calculated automatically.
• Each plan supports the number of published sites it states, and that number is set out at https://diazoliva.com/en/pricing. Publishing a further site within that number carries no additional charge.
• Each account may keep up to ten unpublished projects. They do not expire and they cost nothing.
• Payment may be monthly or yearly, at the client's choice. The yearly option is paid in advance and applies the discount set out at https://diazoliva.com/en/pricing for the plan contracted.

Payment is made by card through a secure payment gateway. The provider never stores card details.

Automatic renewal. The fee renews for periods equal to the one contracted, monthly or yearly, unless cancelled beforehand. The conditions for cancelling are set out in section 8.

Promotions. The provider may offer promotions, with or without a code, and they come in two classes that are distinguished before redeeming them:

• Without a card. They grant a plan for a set period of time. No means of payment is requested and they create no payment obligation, neither during nor at the end: when they end, the account returns to whatever plan it had contracted. Published sites stay published.
• With a trial period. They require a card when redeemed and give rise to a fee that is charged automatically when the trial ends, unless the client cancels beforehand. Before the card is provided, the same screen states the length of the trial, the amount that will be charged with VAT included, how often, and that the fee renews unless cancelled.

Trial period and first charge. In promotions with a trial period, no charge is made during the trial. The provider notifies the client, by email and in their account area, before the first charge. The client may cancel at any point during the trial from their account area, in the same number of steps it took to sign up and without giving any reason; doing so before the trial ends means no amount is charged. Once the trial ends without cancellation, the fee is charged and renews as set out in this section.

One fee per account, and how to change it. The client keeps a single fee in force. Taking out a different one replaces the current fee: the published site or sites move across, the previous fee is cancelled and the unconsumed part of the period already paid for is refunded, prorated by time. The change is paid through the gateway, with the amount shown before confirming; no charge is made to the card without that step. It is not possible to move to a fee lower than the one required by any site already published.

Changes to the fee. The provider may change the published amounts. No change affects a period already paid for, and a client with a fee in force is notified at least thirty days before the period in which it is to apply, and may cancel before it takes effect with no penalty whatsoever.

Additional services. Three services are sold outside the fee, all of them optional, each with its amount and VAT shown before confirming and all of them cancellable at any time from the client area:

1. Registering a domain name, on the terms in section 7: it is taken out for the chosen term, renews automatically for further one year terms unless the client cancels beforehand, and the domain is in the client's name. The amount depends on the extension.
2. Removing the provider's mark from the sites the client publishes. It is a monthly fee, renews automatically unless cancelled beforehand, and cancellation takes effect at the end of the period already paid for, which is enjoyed in full.
3. Having the notices sent by the client's site (messages from its form, bookings, appointments and orders) sent from the client's domain instead of the provider's. It is a monthly fee on the same renewal and cancellation terms as the previous one. This service covers sending only: it does not include mailboxes, receiving mail or storing messages. It can only be taken out if the site has its own domain, and it takes effect once the corresponding DNS records are published, which the provider does when the domain was registered through it and which is the client's responsibility otherwise.

If work outside what the fee covers is ever agreed with the client, it will be quoted separately and will require the client's prior written approval, and no amount will be charged without that step.

5. Timescales

The site exists from the moment the client builds it, so there is no production time to wait for. Once the payment is confirmed, removing the watermark and publishing the site are automatic and usually take minutes.

The only thing a person does within the fee is register the client's domain with the hosting, a prior and necessary step before the client changes their DNS records as set out in section 7. Delays caused by the client's failure to deliver content or access credentials are not the provider's responsibility and extend that timescale to the same extent.

A domain registration ordered from the provider is submitted to the registry as soon as payment is confirmed and is usually completed within minutes. If the registration cannot be completed, the client is notified and refunded as set out in section 7. Each subsequent renewal is submitted to the registry as soon as its charge is confirmed, which happens seven days before the expiry date.

6. Client obligations

The client agrees to:

• Provide accurate information and the necessary content on time.
• Hold the rights to the text, images and trade marks they supply, and be responsible for any claim arising from their use.
• Use the resulting website in accordance with the law in force.

7. Intellectual property and content

Exploitation rights over the site built are transferred on publishing it, and they are transferred indefinitely. This happens on the entry plan, which has no cost, exactly as it does on a paid fee. Until the site is published it is served with a draft watermark and is not authorised for publication or for use in production.

What the service covers and what it does not. What is contracted is having the site published, served and editable by the provider. The service does not include handing over the code or any downloadable package, nor putting the site on hosting other than the provider's.

What happens when the fee ends. On cancellation, or when the plan is closed for non-payment under section 8, the site stops being published. Nothing is deleted: it is kept in full, with its content, its earlier versions and its editor, and it is published again exactly as it was as soon as a fee is taken out anew. The domain remains in the client's name in every case.

The editor remains available while the fee is in force. Changes the client makes create a new version and go live there and then, at no extra cost and with no limit on how often.

In every case, the client's content (text, images, data) is and remains their property.

The provider reserves the right to mention the work carried out in its portfolio, unless the client states otherwise in writing.

Domain. The client can obtain the domain name for their site by two routes, and both end with the domain in their name.

Buying it themselves. The client buys it directly from the registrar of their choice and is the registrant of record with that registrar from the outset, with the provider taking no part in that relationship and receiving nothing for it. This option is always available and the provider connects the domain to the site either way.

Ordering the registration from the provider. The provider may register domain names on the client's instructions with the relevant registry. When it does, the following applies:

• The domain is in the client's name from registration. The client is the registrant of record with the relevant registry from the moment registration takes place, and the provider acquires no right over it. Registration requires the details each registry demands (name and surname or company name, postal address, telephone number, email address and, for the extensions that ask for it, an identification document), which the client supplies before paying and which are passed on to the registrar and to the registry. How they are handled is set out in the privacy policy.
• The price is agreed beforehand and charged in advance. The amount depends on the extension and the term, is shown with VAT included before confirming, and covers the registration and its handling. No charge is made without that step.
• It renews automatically for one year terms, unless cancelled. When the term contracted ends, the registration is renewed for another year and the corresponding amount is charged to the client. It carries on renewing that way for as long as the client does not cancel it.
• Cancelling is in the client's hands and costs nothing. The client can cancel the renewal at any time, without giving reasons and without writing to anyone, from the domain's page in their client area. Once the renewal is cancelled, the domain remains the client's until the expiry date and stops working from that date onwards, and with it the website and any email addresses that depend on it. The cancellation can be reversed before that date arrives.
• The renewal amount is communicated thirty days in advance and is the amount charged. The renewal price is different from the registration price and is usually higher, because each extension's registry charges more to renew than to register, and it can vary from one year to the next. Thirty days before each renewal, the provider tells the client, in their client area and by email, the exact amount with VAT included and the date it will be charged. That is the amount charged, even if the registry or the registrar raise theirs within that period. Those thirty days are the time the client has to cancel without being charged anything.
• The charge is made seven days before the expiry date. Not on the day itself but with that margin, so that a failed payment can be sorted out before the domain stops working. If the charge cannot be made, the client is told in their client area and it is attempted again before that date.
• The payment method is kept on file so that renewals can be charged. When the registration is ordered, the payment gateway keeps the card provided for that purpose, and the ordering screen says so before the client pays. The provider never stores card details. How they are handled is set out in the privacy policy.
• If the registration cannot be completed, the full amount is refunded. That is what happens when another applicant got there first, when the registry requires conditions the client does not meet, or when the registrar rejects the application. The refund is made to the same payment method, for everything charged, and without the client having to ask.
• The client can move it to another registrar. On request they are given the transfer code, at no cost and with no strings attached. With one caveat that is outside the provider's control: ICANN rules block transfers for the sixty days following a registration. That period is imposed by the registry itself and applies with any registrar.

What surrounds the domain is included in the fee, whether the client bought it or ordered it here:

• Availability checking, as far as each registry allows. For extensions that publish a public lookup (.com, .net, .org, .cat and .gal) the answer is conclusive. The .es and .eu registries do not publish one, so there the check is indicative and this is stated on screen.
• Adding the address to the hosting and supplying the exact DNS records the client must create in their provider's panel, with instructions for that particular provider.
• Verification that those records resolve correctly.

Where the provider carries out the registration, the DNS records are set at the same time and the client has none to create. Where the client buys the domain themselves, the provider adds the address to the hosting before the client changes their DNS records. That order is necessary: changing them earlier would leave the client's domain failing to resolve during that interval.

Ownership of the domain belongs to the client in every case, including on cancellation of the fee, and is not conditional on the relationship with the provider.

8. Term, renewal and cancellation

Term. The contract is of indefinite duration and renews for periods equal to the one contracted, monthly or yearly, until either party terminates it.

Cancellation. The client may cancel at any time and without giving a reason, from their client area. Cancellation takes effect at the end of the period already paid for, not immediately: until that date the service continues to be provided in full. There is no minimum term and no penalty, and the cancellation can be reversed before that date arrives.

What cancellation covers. At the end of the period, the site stops being published and the editor stops being available. Nothing is deleted: the site is kept in full, with its content and its earlier versions, and it is published again exactly as it was as soon as a fee is taken out anew. The domain remains in the client's name.

Non-payment. If a payment fails, the provider notifies the client the same day, again after 7 days and again after 15. If the situation has not been resolved within one month, the plan is closed and the sites it supported stop being published. None of them is deleted: they are kept in full and are published again exactly as they were as soon as a fee is taken out anew.

On taking out a fee again, the client also pays for the time the sites were published without being charged for, prorated by day from the first failed payment. That amount appears as a separate line, with its description and its figure in plain sight, on the payment screen and before confirming. The domain stays in their name, as it has from day one.

What the fee covers. Having the site published and served with its security certificate, its backups, its updates and access to the editor to change it without limit.

Out of scope. The fee does not cover having the provider make the content changes, nor developing features the editor does not offer, nor creating content, nor resolving problems caused by the content or the changes the client supplies.

9. Accessibility

European accessibility legislation (Directive (EU) 2019/882, transposed into Spanish law by Ley 11/2023) applies to certain operators. Micro-enterprises are exempt, meaning those with fewer than 10 employees and an annual turnover or balance sheet total of no more than 2 million euros. Exceeding either of the two thresholds is enough to fall within the obligation.

It is for the client to know whether this legislation applies to them. The templates are built with care for contrast, heading structure and keyboard use, but full conformity with the accessibility requirements and the accompanying statement do not form part of the scope of the commission and the provider does not offer them as a service.

10. Right of withdrawal and the fourteen-day guarantee

If the client is a consumer, they have 14 calendar days to withdraw from the contract without having to give a reason. The conditions, the effects and the form for exercising it are set out in the withdrawal document.

Effect on the fee: a full refund. Performance begins there and then once payment is received (the watermark is removed and the site is published), but the client is not asked for any declaration of early commencement or any waiver. The consequence, under article 108.4 of the TRLGDCU, is the one most favourable to them: they bear no cost for the service provided during the period. Withdrawing within the 14 days, the fee stops immediately and the full amount of the current period is refunded, even if their site was published throughout those days. It is done from the client area, in one click, with no explanations and without having to invoke any right.

The same refund is offered to business clients. The right of withdrawal does not apply to them, but the provider grants them the same period and the same effect as a commercial guarantee: 14 calendar days from taking out the fee to cancel with a full refund of the current period. Nothing has to be proven and no distinction is made on screen about the capacity in which the contract was made.

Effect on a trial period. The withdrawal period runs from the conclusion of the contract, which in a promotion with a trial period is the moment the client provides the card. As nothing has been charged during the trial, withdrawing within it gives rise to no payment and no refund: the contract is undone and the charge is not made. Cancelling during the trial, available in the account area, has that same effect without having to invoke the right of withdrawal.

Effect on a domain registration. A domain registration ordered under section 7 is not a continuous service but an act performed in full within minutes. Once the registration is made in the client's name, the contract has been fully performed and the right of withdrawal is extinguished, under article 103.a of the TRLGDCU. That is why, and in this service only, two separate declarations that are not pre-ticked are requested before paying, under article 98.8: that they ask for the registration to go ahead now without waiting for the period to elapse, and that they understand that once it is made they can no longer withdraw or get the amount back. If the registration cannot be completed there is nothing to withdraw from: the full amount is refunded on its own, as set out in section 7.

Effect on a domain renewal. Each annual renewal gives rise to a new contract, and it happens without the client confirming anything again, so the two declarations under article 98.8 are not collected for it. What there is instead is a longer window and one that costs nothing: the exact amount and the date are communicated thirty days in advance, in their client area and by email, and throughout that period the client can cancel the renewal from their client area, without being charged anything and without having to invoke any right. That is the route provided for not renewing. Once the renewal has gone through, extending the registration is performed in full within minutes, just as the initial registration is, and cannot be undone, so withdrawing afterwards does not give rise to a refund of the renewed year. The domain stays in the client's name for that whole year, whether they use it or not, and they can move it to another registrar whenever they like.

Business clients have no right of withdrawal, without prejudice to the 14-day commercial guarantee described above, which does reach them. Leaving a project unpublished costs nothing; after that period, cancellation takes effect in accordance with section 8, without prejudice to the guarantees in section 11.

11. Guarantees and liability

The provider is liable for the conformity of the service provided on the terms laid down by law. Any defect attributable to the development is corrected free of charge while the fee is in force, with no time limit other than that of the relationship itself. This is an additional commercial guarantee and does not in any way limit the statutory guarantee of conformity available to consumer clients under articles 114 and following of the TRLGDCU. As this is a contract for the continuous supply of digital content or services, that statutory guarantee runs for the whole time the supply lasts, in accordance with article 120.2 of the TRLGDCU.

The provider is not liable for: service interruptions attributable to third-party providers, damage arising from changes made by the client or by third parties, or loss of profit or indirect damage. The provider's total liability is limited to the amount paid by the client for the service in question.

12. Data protection and data processing agreement

The processing of the client's data is governed by the privacy policy.

When the client's website collects data from its visitors (a booking, an appointment or an order), the controller is the client and the provider processes that data on their behalf, as a processor. This section is the contract required by article 28.3 of the GDPR and needs no separate document to be signed: it is accepted by accepting these terms.

Subject matter, nature, purpose and duration. The provider stores and makes available to the client, in their private area, the data that visitors to their website submit through the booking, appointment and order forms, for the sole purpose of allowing the client to attend to them. It lasts for as long as the fee is in force.

Data and data subjects. Name, email address, telephone number, delivery address where the order requires it, and whatever the visitor writes. The data subjects are the business's visitors and customers. No special categories of data are processed: the forms do not ask for any.

The client, as controller, warrants that they inform their visitors in accordance with articles 13 and 14 of the GDPR and that they have a legal basis for the processing. To that end, the generated website includes a privacy policy describing this processing.

The provider undertakes to:

• a) Process the data only on documented instructions from the client, including as regards international transfers, unless required to do otherwise by Union or Spanish law; in that case the client will be informed before processing, unless that law prohibits it. These terms and the options the client configures in their editor constitute documented instructions.
• b) Ensure the confidentiality of those who access the data.
• c) Apply the security measures of article 32, described in section 7 of the privacy policy.
• d) Not engage another processor without authorisation. The client gives general authorisation for those listed in the processors table of the privacy policy, and the provider will give reasonable notice of any addition or change so that the client can object. On objecting, they may terminate the contract under section 8 without penalty.
• e) Assist the client in responding to data subject requests: access, rectification, erasure, objection, restriction and portability. If a request reaches the provider, it will be forwarded to the client rather than answered by the provider.
• f) Also assist them with the obligations of articles 32 to 36 of the GDPR, and notify them without undue delay of any personal data breach it becomes aware of, with the information available.
• g) On termination, delete or return the data, at the client's choice. If they ask for a copy, it is provided in a commonly used format. If they ask for erasure, or say nothing, the data is deleted when the site it belongs to is deleted, which takes its bookings and orders with it. And it is deleted automatically in any case once the periods in section 4 of the privacy policy elapse, without anyone having to ask: twelve months for bookings and orders, thirty days from cancellation for cancelled bookings.
• h) Make available to the client the information needed to demonstrate compliance with these obligations and allow for audits, including inspections, conducted by them or by another auditor they mandate.

⚠️ What the provider does not process. Payment for an order, where the shop charges by card, does not pass through the provider: it happens in the gateway, on the client's own account. There the provider is nobody's processor and card data never reaches its systems.

13. Dispute resolution

If any problem arises, the client can contact contacto@diazoliva.com. The provider undertakes to reply within one month at the latest.

The provider is not a member of any alternative dispute resolution body for consumer matters.

14. Applicable law and jurisdiction

These terms are governed by Spanish law.

Where the client is a consumer, the courts of their place of residence shall have jurisdiction. In all other cases, the parties submit to the courts of the provider's registered address.

15. Changes to the terms

The provider may amend these terms. The terms in force at the time of acceptance apply to each contract, and the client receives a copy of them on a durable medium.

16. Hosted content, notices and suspension

The provider hosts and serves clients' websites to the public, and therefore provides a hosting service within the meaning of Regulation (EU) 2022/2065 (the Digital Services Act). What follows is what that regulation requires to be stated, and also what keeps a content removal from looking arbitrary.

Who answers for what is published. The content of each site is written and published by its client, who is solely responsible for it under section 6. The provider does not review or approve it before publication: publishing is automatic.

How to report illegal content. Anyone, client or not, can report allegedly illegal content hosted here by writing to contacto@diazoliva.com. It helps to state the exact address of the page, what makes it illegal, and a contact email. The provider acknowledges receipt, decides without undue delay and communicates its decision to whoever reported it.

When a site can be restricted or suspended. Only in these cases and no others: when its content is illegal, when it breaches section 6 of these terms, when a competent authority so orders, or when the fee is no longer in force under section 8. The measure is taken on the specific page or element wherever possible, and on the whole site only where it is not.

Statement of reasons and complaints. Every restriction, removal or suspension is communicated to the affected client with the reason for it, a reference to the content, the ground it rests on (the law or the section of these terms) and how to complain. The client can complain by writing to contacto@diazoliva.com and the provider replies within a maximum of one month. None of this prevents them from going to the consumer authorities or to the courts under section 14.

Point of contact. The address contacto@diazoliva.com is the single point of contact for both authorities and recipients of the service, in Spanish and in English.

Suspension for repeated breaches. Before suspending the service of a client who repeatedly publishes manifestly illegal content, they are warned and given a reasonable period to remove it, unless the seriousness of the case or an order from an authority requires acting immediately.