Service terms

These terms explain what Subur’s website service includes and how we work. When we say “Subur” or “we”, we mean the service provider. When we say “you” or “the client”, we mean the person or business that contracts the service.

You sign only one document: the contract. The proposal, which sets out your project, dates and amounts, and these terms are annexed to the contract and form part of it. Contacting us or requesting a prototype does not place an order or activate any subscription.

Internal reference for the accepted version: 2026-10-18.1

1. Service provider and contracting

Subur is a service provided by Mario Vilar Ramírez. You can contact us at hola@subur.dev. Before contracting, together with the proposal, you will receive the provider’s full tax identification and professional address.

The service is intended for professionals and businesses. If you legally qualify as a consumer, you retain the mandatory rights that apply to you, including information rights, the right of withdrawal and the applicable remedies. No clause in this document removes those rights.

The contract is formed when we sign it. The proposal and these terms are annexed to it, so you do not need to sign them separately. The proposal sets out the plan, pages, addons, initial and continuation prices, taxes, deadlines, technical limits and the version of these terms that applies to your contract.

These terms can only be changed by a written exception in the contract or the proposal that expressly identifies the affected clause and the exception accepted by both parties. A general reference, such as “as per the quote”, does not override them.

You can save or print this page. We will give you a copy of the contract with the proposal and the accepted version of these terms, and we will keep a copy too. Later edits to this website do not retroactively change your contract.

The proposal is the detailed quote for the project. It explains what we will deliver, what we need from you or from providers, what we will maintain, how we will check the result and what it costs.

First sample and acceptance

After assessing whether the project is a good fit and whether we have availability, we agree a date for a free first visual sample. The sample presents a direction for design, structure and messaging. It is not a finished working website, and it does not include development, code delivery or successive free revisions. Viewing or discussing it does not oblige you to proceed and does not incur any charge.

If we do not proceed, each party retains the rights to the materials it contributed. Showing the prototype does not authorise its publication or exploitation by third parties.

Before signing, you can ask us to correct the details, price or content of the proposal. We agree the contract language and give you a copy you can keep, including the applicable annexes. If the proposal omits an advertised term that legally binds Subur, or a mandatory right, that omission does not exclude them.

2. Pages and initial work

• Starter: up to 3 initial pages, including the home page, and 1 editorial hour per month.
• Business: up to 8 initial pages, including the home page and the blog index, content publishing through a content management system (CMS) and 2 editorial hours per month.

A page is a destination on the website listed in the approved page map, such as home, services or contact. The initial page map lists every page. Home, services and contact count as three pages, even if they share a style. Sections within a single page, however, do not count separately.

The page that lists all blog articles, the index, counts as one page. Articles you publish on the blog using the agreed template do not count and do not use additional page designs. For example, if you publish a new article every month, the number of pages in your plan does not change. A new template or an additional page is quoted before work starts.

After delivery, a page that was not in the agreed page map is an addition, even if the initial limit has not been reached. Functions such as a payment are quoted according to their complexity, not the number of pages.

Legal pages are added outside the page limit. You supply or approve the legal texts. The service does not include legal advice or certification of regulatory compliance.

The proposal defines the initial content, forms, technical setup and included features. Copywriting, photography, translations and integrations that are not described there require a separate agreement.

Starter includes meta titles and descriptions, a sitemap, indexability checks, initial Google Business Profile setup where the business is eligible, and an SEO audit in month 12. Profile verification depends on Google and on your cooperation. Business adds a written quarterly review of Search Console, technical checks of the agreed pages and improvement priorities.

We structure content so that search engines and AI tools can understand it. This does not guarantee indexing, citations, rankings or customers. Recurring article writing, link campaigns and content expansion beyond the agreed hours or scope are not included.

The initial design adapts to mobile, tablet and computer screens, with light and dark modes. We define the website’s visual language. Creating a logo or a complete brand manual, however, requires a specific commission.

We document performance checks with the tools, pages and measurement conditions used at delivery. Indicative figures on Subur’s marketing website are targets, not a score guaranteed forever. An automated accessibility test does not by itself certify regulatory compliance. The project’s specific accessibility needs and the corresponding checks are identified before contracting.

3. Materials, schedule and revisions

The proposal sets the service and billing start date, the date by which you must supply materials and access, and the review and publication milestones. The initial commitment runs from the expressly agreed start date, not from an inquiry or a prototype.

To meet the schedule, we need text, images with usage rights, business information and the agreed access. If materials or approvals are missing, we will document how this affects the schedule and agree the new dates in writing. For example, if the photos of your services arrive later than planned, we record in writing the new publication date we agree. Your silence does not amount to automatic acceptance, and there are no additional charges you have not approved.

Initial work includes 2 consolidated revision rounds. In each round, you send us a single list with all your feedback, within the approved scope. A change in purpose, structure or functionality is a scope change and requires an accepted quote. Errors against what was agreed are corrected and do not count as a new editorial request.

You warrant that you may use the materials and instructions you supply, and that you may authorise their publication. If a third party makes a claim about those materials, we will notify each other promptly, preserve the evidence and cooperate in the defence.

If there are reasonable indications that some content is unlawful, we may remove it as a precaution. In that case, we remove only the affected content, tell you and allow you to provide evidence of your rights.

In B2B relationships, that is, when you contract as a business or professional, you will cover reasonable, evidenced damages and defence costs arising directly from a breach attributable to you. Those damages and costs must be established by a final court decision or by a settlement you have approved in writing. This indemnity does not cover:

• amounts attributable to Subur’s changes, instructions, negligence or breaches
• settlements or avoidable costs incurred without giving you the opportunity to participate in the defence

If you act as a consumer, the statutory liability rules apply, without this contractual indemnity.

Before publication, we review the result against the proposal’s delivery criteria and ask for your express approval. For example, we check the agreed pages and forms, how the website looks on a mobile phone and access to the content manager. We record outstanding errors and how they will be corrected. Approving publication does not mean waiving claims about errors that were not detected in that review.

4. Monthly editing and extras

Editorial hours cover changes to text, images and content within the existing design. We handle 1 active request at a time, in the agreed order of priority. For example, if you send us two requests, we work first on the one with the higher priority and start the other once we have finished it.

Hours renew each service month. Hours you do not use do not roll over to the following month and do not become a refundable balance. For example, if you request no changes one month, the following month you have your usual hours, not double. Included technical maintenance and correction of service errors do not use these hours.

There is one exception, for Mario’s holidays, which are governed by section 6. If a service month includes holiday days, the hours from that month that you have not used are not lost. You can use them during the 2 months following Mario’s return, in addition to the hours you have each month. For example, if Mario is on holiday from 3 to 23 August and you request no changes that month, you can request the August hours from 24 August until this period ends. Once the period has ended, any hours you have not used are lost, and they do not become a refundable balance either.

New pages, redesigns, integrations and work beyond the included hours are assessed separately. Additional work is charged at €49/hour, excluding applicable VAT. Before work starts, we send you an estimate and need your written approval. We do not carry out or bill any extras without that approval.

Editorial changes are updates to text and images on pages that already exist. For example, correcting opening hours or publishing an article you have already written and reviewed. Editorial changes do not include researching or writing new articles. That work is quoted separately.

Publishing an article with these hours assumes that the project already includes a blog with the required format. The hours do not add blog functionality to a plan that lacks it.

Before carrying out a request that may exceed the hours you have left that month, we give you the estimate and your options:

• doing part of it first, the part with the highest priority
• scheduling it for a later month
• approving extra work

5. Hosting, addons and third-party services

The service includes the hosting and technical maintenance described in the proposal. Before signing, we will agree the quantities and limits the project needs: storage, traffic, databases, users, messages and provider usage. None of these resources is unlimited.

The proposal also sets out the accounts, licences, renewals and third-party usage, and states which are included and which are billed separately. If we expect a limit to be exceeded, we will inform you and agree a solution before authorising any new cost.

• International: the languages and pages expressly agreed. Professional translation and language review are included only if the proposal says so.
• Virtual receptionist (bookings), for Business: a basic integration of one calendar with an agreed provider. The proposal identifies which provider features are included, such as confirmations or reminders, where the selected service supports them. It is not human support or an AI assistant. Multiple locations, special workflows, payments or custom automations require a compatibility and complexity assessment. Any additional work is quoted before it is accepted.
• Private area, for Business: user authentication and access to the agreed content. It does not include a custom SaaS application, billing, complex roles or business processes that have not been described.
• Custom, for Business: specific features, with their own quote that you accept before work starts.
• Editorial Hours Pack, for Starter and Business: adds two editorial hours per month for content edits within the existing structure. These hours follow the same usage conditions as the hours included in the plan, including the holiday exception in section 4. Apart from that exception, they do not roll over or become a refundable balance, and only one active request is handled at a time. If a task exceeds the scope or the available hours, it is quoted and requires your written approval before work starts.

Each addon, except the Editorial Hours Pack, has its own start date and initial period of 12 months, both expressly accepted, with its initial and continuation fees. Adding an addon later does not restart the base plan commitment. Nor is the addon’s commitment fulfilled simply because the website reaches month 12. For example, if you add an English version once the website has been running for a few months, the plan commitment ends on its scheduled date and the English version’s commitment runs for 12 months from its own start date.

Any settlement of an addon and delivery of its associated code follow its own commitment. The Editorial Hours Pack has no initial period of its own. You can cancel it with the general 30 calendar days’ notice in section 10.

Both plans include a standard domain, identified in the proposal, an SSL certificate, the content management system (CMS) and automated monitoring. Premium domains, mailboxes and provider licences are not included unless expressly stated. Automated monitoring is not round-the-clock human support.

Starter includes basic email forwarding. Up to 2 addresses on your domain forward the mail they receive to inboxes you already have. We set it up with the free email routing of the domain’s DNS provider. If your DNS provider has no free email routing, we will tell you in the proposal, before you sign. In that case, we will offer to move the DNS to a provider that has it, for example Cloudflare. If you prefer not to move it, forwarding is not included and the fee does not change. Forwarding does not create any new mailbox and does not let you send mail from those addresses. For example, mail sent to hello@yourbusiness.com can reach the email account you already use, but replies are sent from that account. On Business, email is set up with one agreed provider.

Before confirming an integration, we check whether it is compatible with the tools you use. Depending on its complexity, the integration may require separate work or may not be feasible. We will present the options and any additional costs for your approval before carrying them out. Premium domains, mailboxes and external licences are itemised with their cost, renewal and who pays for them. They are part of the fee only when expressly included.

Technical maintenance includes reviewing and applying security updates to the components we manage, checking their compatibility and addressing service errors. It does not include developing new features. If planned work requires a service interruption, we will give you advance notice where possible. Urgent security work may require us to act first and inform you as soon as possible. We do not claim that any technology is immune to attacks.

The proposal identifies the standard domain and its included renewal while the service is active. You are the domain registrant. Where the email provider bills you directly, configuration does not include its fees or ongoing mailbox administration, unless we expressly agree otherwise.

6. Support and incidents

Send requests and incident reports by email to hola@subur.dev. A request or an incident is reported when the email reaches this address, and the deadlines in this section run from that email. This way we both have the same written record and can track the deadline.

You can call us or message us on WhatsApp to alert us beforehand, for example if the website has gone down. This alert helps us react sooner, but it does not replace the email and does not start any deadline. If a request needs clarifying, we can arrange a call, and we then record what we agreed in an email.

Response deadlines

We give you a first substantive response within 3 business days on Starter and 2 business days on Business. The first response explains our initial assessment and the next step. It is more than an automated acknowledgement of receipt.

A critical incident is a complete website outage or a serious security incident. For a critical incident, the first response deadline is 1 business day on both plans.

Business days are Monday to Friday, excluding public holidays applicable in Sitges. The deadline expires at 18:00, Madrid time (Europe/Madrid time zone), on the business day determined by the plan and severity. The day we receive the email does not count. The first day of the period is the next business day, including when the email arrives on a public holiday. For example, if you write to us on a Monday at 10:00, that Monday does not count and the period starts on Tuesday. If you write to us on a Saturday, the period starts on Monday, unless it is a public holiday.

A first response does not mean the incident has been resolved. For a serious incident, the recovery target is 2 business days from when we receive the email. This target depends on diagnosis, access and third-party intervention. If it cannot be met, we will tell you the status and the updated estimate.

We do not promise absolute availability, freedom from incidents, search rankings or guaranteed commercial results. This does not remove our responsibility to provide the agreed service diligently.

Holidays

Mario takes up to 30 calendar days of holiday per calendar year, that is, from 1 January to 31 December, on dates of his choosing. He may take them in one go or split them into more than one period. Every calendar day of a period counts, including weekends and public holidays. For example, if he takes two weeks in August and one week in April, he has used 21 of that year’s 30 days.

Before each period, Mario tells you the dates in writing, by WhatsApp or by email, at least 15 calendar days in advance. If he tells you by phone, he then confirms them in writing, and the notice period is counted from that written message.

During the holidays, the support deadlines in this section are suspended, that is, the first response deadline and the recovery target. Holiday days do not count as business days when calculating them. For example, if you send us a request on the last business day before the holidays, the period starts on the first business day after the holidays.

There is one exception. A critical incident, for example the website going completely down, is still dealt with during the holidays, as soon as possible after we receive the email at hola@subur.dev. In that case, the 1-business-day deadline does not apply. As at any other time, you can call or message on WhatsApp to alert us beforehand, but the incident is reported when the email arrives.

The holidays also affect three points in other sections:

• the editorial hours of a month with holiday days can be used later (section 4)
• the handoff deadline when you cancel does not count holiday days (section 11)
• if the holidays fall within that handoff deadline, the retention of your data is extended by the same number of days (section 11)

All other deadlines in the contract keep running during the holidays. For example, the cancellation notice period and the periods to settle a non-payment keep running. The holidays do not delay the notification of a data breach under section 7 either.

7. Backups, security and data

Starter includes monthly backups and keeps the latest 3 monthly backups. Business includes daily backups and keeps the latest 30 daily backups. The proposal identifies the content, files and data the backups cover, and any third-party dependencies.

A backup does not guarantee that changes made after the latest available backup can be recovered. For example, if you publish an article after the latest backup and the website has to be restored before the next one, the article may not be recoverable. Restoration is handled according to the incident and the condition of the backups.

We apply the agreed maintenance and security measures. If we process personal data on your behalf, we will put in place a data processing agreement and the corresponding instructions before activating that processing.

Sensitive data or special categories of data, such as health data, require a specific assessment and the agreed safeguards before their processing is activated. Do not send them through forms or features that have not been prepared for that use.

Confidentiality and access

Each party protects the other’s non-public information. It uses that information only for the project and gives access only to the people who need it, who must be bound by equivalent confidentiality duties. This information includes credentials, technical documentation and business data. Credentials are shared through the agreed secure channel, not by ordinary email.

You provide us with authorised access and tell us about permission changes or third-party work that may affect the service. For example, you must tell us if another provider is going to change the domain settings. In those cases, we assess the specific impact, without automatically excluding Subur’s liability.

Information is not confidential if it is already lawfully public, was already legitimately known or has been developed independently. If the law requires information to be disclosed, the disclosure is limited to what is necessary and the other party is notified where legally possible. Protection continues after termination for as long as the information remains confidential or the law requires it.

Portfolio and footer credit

Showing the project, the brand or a testimonial in Subur’s portfolio requires separate authorisation. Contracting the service does not grant it.

There is one exception: the footer credit. By default, the footer of your website shows a small credit with a link to subur.dev. The credit appears in the website’s language: «Web feta per Subur» in Catalan, «Web hecha por Subur» in Spanish and «Website by Subur» in English. If the website has more than one language, the credit appears in the language the visitor has selected. In any other language, the credit says the same thing, translated.

You can ask us to remove the credit at any time, in writing and at no cost. We handle the request like any other request under section 6, and we remove the credit within a reasonable time. The time we spend on it is not deducted from your editorial hours, and removing the credit does not change the service or the fee. If you later want it back, you can also ask us in writing. After cancellation, whoever maintains the website can remove the credit without asking us.

Processing on the client’s behalf

Sometimes we process data on your behalf. For example, an enquiry form or an area with user accounts may involve this processing. The data processing agreement will specify:

• the purpose, duration, data and data subjects
• the instructions and security measures
• the authorised providers and any international transfers
• assistance with rights and obligations, compliance verification and the return or deletion of the data

General acceptance of this page does not replace the data processing agreement.

We follow lawful documented instructions and tell you if we identify an instruction that breaches data protection rules. Subprocessors require the applicable authorisation and safeguards.

If we become aware of a breach involving data processed on your behalf, we will notify you without undue delay and give you the available information to manage it. Neither the ordinary support deadline nor the holidays in section 6 postpone this obligation.

You determine the purposes and legal basis of your own processing. Subur is responsible for the obligations that apply to it.

8. Fees, commitment and plan changes

Amounts and billing frequency are set out in the proposal annexed to the contract. Prices exclude applicable VAT, which is detailed before contracting. Promotions apply only if they are recorded there with their conditions and duration.

We collect fees by direct debit. When you sign the contract, you also authorise us in writing to charge them to the account you indicate, through the direct debit mandate (SEPA mandate) that we provide with the contract. We use another payment method only if the contract expressly provides for it. Invoices and payment reminders reach you by email from our invoicing tool. If the bank returns a direct debit, the fee remains unpaid and the provisions of this section on non-payment apply.

The base plan has an initial commitment of 12 months from the agreed start date. During this commitment, the agreed scope and price are maintained. The proposal states the continuation fee that applies afterwards and the dates of the change. For example, on Business you pay the initial fee for the first 12 months and, from then on, the continuation fee stated in the proposal.

Any later change requires prior information and, where applicable, your acceptance. Simply editing this page does not introduce it.

A plan upgrade requires a written agreement on scope, fees and amortisation of additional work, without duplicating amounts already paid. For example, if you move from Starter to Business, we record it in writing in a change agreement.

A downgrade is possible only after the initial commitment and if your features and addons are compatible with the new plan. For example, a website with a blog cannot move to Starter as it is, because Starter does not include a blog. Before the change, we will document which features must be adapted or removed and how this affects the price.

If a payment is overdue, we will send you written notice and you will have 10 calendar days to settle it before we suspend the service. If it remains unpaid 30 calendar days after the notice, we may terminate the contract with written notice and an itemised settlement.

If we terminate the contract for non-payment before the initial commitment ends, the settlement is calculated in the same way as an early exit (section 10). The termination date, stated in the written notice, takes the place of the effective date. In addition to any amounts you still owe, you pay the initial monthly fees still to accrue between the termination date and the end of the commitment. Each addon with its own initial period is treated the same way, up to the end of its own initial period. For example, you have Business, your initial commitment ends on 31 December and we terminate the contract on 30 September. September is invoiced like any other month. In addition to the fees you still owe, you pay three initial Business fees, for October, November and December. This settlement does not waive any rights you have because of a breach by Subur or any mandatory consumer rights.

Suspension does not authorise us to destroy data and does not prevent you from obtaining an export of your content. Subsequent retention follows section 11. Rights to dispute contested amounts are preserved.

For transactions between businesses or professionals subject to Spanish Law 3/2004, overdue amounts accrue statutory commercial late-payment interest at the rate in force in each half-year. Interest accrues from the due date and where the statutory requirements are met. Recovery costs are claimed only on the terms and within the limits of that law, itemised and without duplication.

The period to settle before suspension does not postpone the invoice due date. For example, if you pay within the period given in the notice, the invoice is still considered overdue from its due date. This commercial rule does not apply to consumers. In their case, only legally applicable interest and costs may be claimed.

The current Starter promotion applies only to its base fee during its initial period. It does not extend to Business, addons or third-party services. The proposal records the published promotional price you accept and the subsequent price. If we withdraw the promotion for new clients, the price you have already accepted does not change.

Each addon has its own initial period. For example, an addon activated after the base plan has moved to the continuation fee starts its own initial period. This is why you may pay the base plan’s continuation fee and an addon’s initial fee at the same time.

9. Hibernation: redistributing payments

The seasonal or hibernation option keeps the same services and only redistributes base plan payments between high and low season. It is not a discount or a suspension of maintenance. It requires a written annual calendar listing the months, amounts and dates. The annual total corresponds to the standard fees applicable to that period. Addons keep their monthly fee and are not redistributed.

For example, a beach restaurant may pay higher fees from May to September and lower fees from November to February. By the end of the year, it will have paid the same as with the standard monthly fee, and the website will have had the same service all year.

When the calendar ends, when you change payment arrangement or when you cancel, we compare the standard fees accrued for the service period with the amounts you actually paid for that same period. If you have overpaid, we refund or credit the difference. If there is a shortfall, the difference is settled.

If you also leave early, the commitment settlement includes only outstanding initial periods that have not already been counted. The same period or item is never charged twice. You will receive an itemised calculation.

10. Cancellation and early exit

You can cancel in writing with 30 calendar days’ notice. We will confirm the effective date and any outstanding amount.

Once the applicable initial commitment has been fulfilled, you can leave without any penalty. In that case, only two items are settled: the service provided up to the effective date, and any work or usage you approved that is still outstanding.

Leaving before the initial commitment ends

You can also leave before the initial commitment ends. In that case, in addition to the two items above, you pay the plan’s initial monthly fees still to accrue between the effective date of cancellation and the end of the commitment. Each of those fees is the plan’s initial fee stated in the proposal. There is no other penalty.

Months are counted as service months, from the start date of the commitment. The service month in which the effective date falls is invoiced as usual, because it is a month in which we have provided the service, and it does not count among the outstanding fees. That month is invoiced in full, even if the effective date falls partway through it, because the rest of the month is also part of the commitment.

Each addon with its own initial period is treated the same way, up to the end of its own initial period. The Editorial Hours Pack has no initial period of its own, so it adds no amount.

For example, you have Business and your initial commitment runs from 1 January to 31 December. You cancel and the effective date is 30 September. September is invoiced like any other month. October, November and December are still to accrue, so you pay three initial Business fees. If you also have the English version and its initial period ends on 31 March of the following year, you also pay six initial International fees, from October to March.

The proposal sets out the initial fees and the start date of the plan and of each addon, so you can check the calculation. We deduct what you have already paid and avoid any duplication with invoices already issued or with the seasonal calendar adjustment in section 9. For example, if a month of the commitment has already been invoiced, that month does not appear again in the settlement.

This settlement does not waive any rights you have because of a breach by Subur or any mandatory consumer rights.

If Subur ceases trading, there is no early-exit charge and we provide the handoff free of charge.

Months not provided in full

This subsection does not apply to an early exit or to termination for non-payment before the initial commitment ends (section 8). In all other cases, if the service ends partway through a month, the service provided that month is prorated using the calendar days in the month. For example, if the service ends on the 15th of a 30-day month, the service provided that month corresponds to half the monthly fee. Amounts you have paid in advance for service after cancellation are refunded or credited. Before that, only the outstanding initial commitment fees and the expressly applicable adjustments are offset, and there is never double charging.

Withdrawal where the client is a consumer

For services contracted at a distance, the general withdrawal period is 14 calendar days from contracting, without having to give a reason. Statutory extensions and exceptions apply.

To withdraw, notify us unequivocally at hola@subur.dev or at the full address provided to you before contracting. You may use the form we give you with the contract or a statement such as: “I withdraw from contract [reference], entered into on [date]. Name, address and date.” If you send it on paper, sign it. Keep evidence that you sent it.

We will refund the amounts due without undue delay and within 14 calendar days of your notice. We will use the same payment method, unless we expressly agree on another method at no cost.

If you expressly ask us to start during the withdrawal period, we will first inform you of any proportionate payment for the service actually provided, only where legally payable. Starting work or publishing the website does not by itself extinguish the right of withdrawal. Losing it upon full performance of the service requires your prior express consent and your acknowledgement that you lose it, as required by law.

Statutory withdrawal does not trigger future fees for the initial commitment. Before contracting, we give you the applicable information and statutory form. If that information is missing, the period may be extended.

11. Ownership, handoff and retention after cancellation

Your domain, content and data remain yours. We will keep the domain registrant and the necessary access identified. Delivery of your data and content does not depend on you buying rights to reusable components.

Once the corresponding commitment has been fulfilled or settled, we deliver the project’s portable source code and the data export. Addons added later must fulfil or settle their own initial period before their associated code is delivered. Fulfilling the base plan commitment does not cancel the addons’ commitment.

Subur’s reusable components are provided under a non-exclusive licence to use and maintain the project. Third-party licences remain subject to their own terms and may require your own account or payment. We do not deliver other clients’ code, shared credentials or infrastructure secrets.

Basic handoff takes place within 10 business days counted from effective cancellation and fulfilment of the applicable requirements. It includes deployment instructions and a dependency inventory. It does not include migration carried out by third parties or subsequent hosting. Coordinating the handoff does not automatically extend the retention period. If more time is needed, we will agree it in writing before the period ends.

Mario’s holiday days under section 6 do not count towards the basic handoff deadline, and the handoff takes place after the holidays. For example, if cancellation takes effect the day before the holidays begin, the handoff period starts on the first business day after the holidays.

We retain operational data and available exports for 30 calendar days after effective cancellation, so that you can receive and check them. If Mario’s holidays fall within the handoff period, the retention period is extended by as many calendar days as the holiday days that fell within it. This way, the holidays do not reduce the time you have to receive and check the data. When the retention period ends, we delete or return the data under the data processing agreement, including backups under our control.

If a provider imposes a technical deletion cycle, it must have been documented before contracting, and the data remain blocked until they are deleted. Records we must keep by law are stored separately, with restricted access and only for the required period.

Included handoff assistance has no fixed cap on hours. The tasks, contacts and schedule are agreed in writing before contracting. The assistance covers explaining deployment, reviewing the export and answering the new technical contact’s questions about the agreed handoff. Preparing the required code and data remains included. Carrying out a full migration or new development requires a separate quote and your prior approval.

12. Questions and disagreements

Email hola@subur.dev with your project reference. We will acknowledge receipt and seek a documented resolution, without preventing you from using legally available complaint routes.

If a consumer complaint remains unresolved, we will give you information on a durable medium about the competent alternative dispute resolution body. We will also tell you whether we are required to participate or agree to do so, as required by applicable law. Membership of an arbitration scheme must not be assumed.

The contract is governed by Spanish law, including applicable Catalan legislation. This choice does not deprive consumers of the mandatory protections of the law applicable to them, including in cross-border contracts.

Jurisdiction lies with the courts determined by the applicable procedural and international rules. These general terms do not impose exclusive jurisdiction of the courts of Subur’s place of business or a waiver of consumer jurisdiction rights. Any legally required negotiation or preliminary resolution steps will be followed, without restricting urgent measures or statutory deadlines.

If a clause is invalid, the remainder continues to apply as long as the contract can legally survive. The invalid clause is not replaced with another that restricts the client’s rights in an equivalent way.

13. Liability and limits

Subur is liable for evidenced damage attributable to its breach, in accordance with the law. You must report the incidents you know about and take the reasonable measures within your control to prevent further damage. This duty does not transfer to you the maintenance or backup obligations Subur has taken on.

Only in B2B relationships, and to the extent the law allows, Subur’s total liability for damages arising from the same event or a set of related events is capped. The cap is the greater of these two amounts:

• the service and addon fees paid or payable in the 12 months before the event
• 12 times the current standard monthly fee for the affected service and addons

VAT and third-party costs passed through without a margin are excluded when calculating the cap. Related claims do not multiply the cap. For example, if the same event gives rise to three claims, all three share a single cap. In those same B2B relationships, compensation for indirect damage and lost profits is excluded, including unrealised sales, profits or opportunities.

These limits and exclusions do not apply in the following cases:

• wilful misconduct or gross negligence
• death or personal injury
• breaches attributable to Subur of confidentiality, intellectual property rights or data protection obligations
• liability that the law does not allow to be limited

Nor do they apply to consumers, or restrict third-party rights or the powers of the authorities. The damages cap does not reduce the obligations to correct errors, provide the service, refund unearned amounts, export data or carry out the handoff, and it does not prevent termination for breach.

14. Force majeure and continuity

Neither party is liable for delay or failure directly caused by an unforeseeable or unavoidable event beyond its reasonable control, within the legal requirements for force majeure. A cloud provider incident or a cyberattack does not by itself constitute force majeure. It must be shown that they were unavoidable despite the required diligence, security, backup and continuity measures. Lack of resources, configuration errors or failure to pay a provider do not justify this exception.

The affected party will notify the other as soon as possible, document the impact, mitigate the effects and provide updates. Only the deadlines for obligations actually prevented are suspended, and only for as long as necessary. First-response deadlines remain in effect if communication channels remain available. The rest of the service must continue to be provided.

If a substantial inability to provide the service lasts more than 30 consecutive calendar days, either party may terminate the affected service in writing. In that case, there are no penalties and no future commitment fees for the part not provided. Only the service actually provided and previously approved, evidenced costs are settled, unearned advance payments are refunded and there is no double charging. The obligation to provide the data and the handoff remains, as soon as materially possible.