Terms of Service

• Apex Digital ("we", "us", "our"): the digital agency based in Denia, Alicante, Spain.

• Client ("you", "your"): the natural or legal person purchasing services from Apex Digital.

• Services: all work delivered by Apex Digital, including web design, webshops, automation, client portals, SEO and marketing.

• Agreement: the written or digital agreement between Apex Digital and the Client.

These terms and conditions apply to all offers, quotes, agreements, and deliveries of services by Apex Digital. By entering into an agreement with Apex Digital, you accept these terms.

• All quotes are non-binding and valid for 30 days unless otherwise stated.

• An agreement is established upon written confirmation or signing of the contract.

• Changes in project scope will be documented in writing and may lead to price and timeline adjustments.

• All prices are exclusive of VAT unless otherwise stated.

• Subscriptions are invoiced monthly with a minimum term as specified in the contract.

• One-time costs are invoiced upon delivery or according to agreed terms.

• Payment term is 14 days after the invoice date.

• In case of late payment, we reserve the right to charge statutory interest and collection costs.

• We strive to deliver all services within agreed timelines.

• Delivery times are indicative and not strict deadlines.

• Delays caused by the Client (e.g., missing content or feedback) may result in timeline shifts.

• The Client is responsible for timely delivery of required materials and information.

• Subscriptions have a minimum term as stated in the contract (default 24 months).

• After the minimum term, the subscription is automatically renewed monthly.

• Cancellation must be done in writing with 1 month notice.

• Early termination requires payment of remaining monthly fees.

• Design and source code become property of the Client after full payment, unless otherwise agreed.

• Apex Digital retains the right to use the project as a portfolio reference.

• Content provided by the Client remains property of the Client.

• Third-party software licenses (plugins, templates) are subject to the respective license holder's terms.

• When hosting is part of the subscription, we guarantee 99.5% annual uptime.

• Maintenance includes security updates, backups, and technical support.

• Structural changes or new features fall outside standard maintenance and will be quoted separately.

• Apex Digital's liability is limited to the amount paid for the relevant service.

• We are not liable for indirect damages, consequential damages, lost profits, or data loss.

• We are not liable for damages resulting from incorrect or incomplete information provided by the Client.

• Apex Digital is not liable for disruptions at external service providers (hosting, payment providers, etc.).

In case of force majeure (including but not limited to natural disasters, power outages, cyber attacks, pandemics, or government measures), Apex Digital is not obligated to fulfill any obligation.

Both parties commit to confidentiality of all confidential information received from each other in the context of the agreement. This obligation also applies after termination of the agreement.

We process personal data in accordance with the General Data Protection Regulation (GDPR). See our Privacy Policy for more information.

These terms are governed by Spanish law. Disputes will preferably be resolved through mutual consultation. If not possible, disputes will be submitted to the competent court in Alicante, Spain.

Apex Digital reserves the right to modify these terms. Changes will be announced 30 days in advance. Continued use of our services after this period constitutes acceptance of the modified terms.