Terms & Conditions of Sale

Article 1 – Purpose

These Terms & Conditions of Sale (T&Cs) govern all services provided by Performa CC SLU, operating under the trade name Kaptos (hereinafter 'the Provider'), for the benefit of its professional or individual clients (hereinafter 'the Client').

Services include but are not limited to: creative advertising (statics, videos, ad copy), advertising campaign management (Meta Ads), landing page design, long-form sales pages, websites, sales funnels, email campaigns, and the supply of B2B contact files.

Article 2 – Quotation and order

Every service is subject to a prior detailed quotation, sent by email or via a shared document. The quotation is valid for 30 days from the date of issue.

The order is deemed firm and final upon receipt by the Provider of the signed quotation (or written acceptance by email) and payment of the deposit, if applicable.

Article 3 – Pricing and payment terms

Prices are quoted in euros (€), excluding taxes. As the Principality of Andorra is not subject to European VAT, no VAT is applicable unless otherwise required by the Client's country of tax residence.

Unless otherwise agreed, a deposit of 50% of the total amount is due upon ordering. The balance is due on delivery of the service or according to the payment schedule set out in the quotation.

Payments are made by bank transfer. Any sum not paid by the due date will automatically incur late-payment penalties equal to three times the legal interest rate in force in the Principality of Andorra.

Article 4 – Delivery timelines

Delivery timelines stated in the quotation are indicative. The Provider undertakes to use all necessary means to meet the agreed deadlines.

Any delay attributable to the Client (late provision of content, delayed approvals, change of scope) will extend the delivery deadlines accordingly, without giving rise to compensation.

Article 5 – Client obligations

The Client undertakes to provide, within the agreed timeframe, all elements necessary for the completion of the service: texts, visuals, access to advertising accounts, access to the website or hosting, detailed brief.

The Client warrants that they hold all necessary rights to the elements provided and indemnifies the Provider against any third-party claims.

Article 6 – Intellectual property

Ownership of the works created by the Provider is transferred only upon full payment of the agreed price.

Unless otherwise stated in the quotation, the Provider retains the right to reference the work produced for the Client in its commercial communications (portfolio, website, social media).

Article 7 – Confidentiality

Each party undertakes to keep confidential all commercial, technical or financial information exchanged in connection with the service. This confidentiality obligation shall remain in effect for a period of two (2) years after the end of the contractual relationship.

Article 8 – Termination

For recurring services (campaign management, monthly support), either party may terminate the contract with 30 days' notice, sent by email.

In the event of early termination of a one-off service by the Client, amounts already paid remain the Provider's in respect of work already carried out. If the work completed exceeds the deposit amount, the balance remains due.

Article 9 – Limitation of liability

The Provider undertakes to perform its services with professionalism and diligence. However, its obligations are obligations of means, not of result.

The Provider shall not be held liable for commercial results (number of sales, conversion rate, return on investment) obtained by the Client through the services provided.

In any event, the Provider's total liability is limited to the total amount actually received for the service concerned.

Article 10 – Force majeure

Neither party shall be held liable for any delay or failure to perform resulting from a force majeure event as defined by Andorran case law (natural disaster, pandemic, third-party service outage, cyberattack, etc.).

Article 11 – Governing law and jurisdiction

These T&Cs are governed by the laws of the Principality of Andorra. In the event of a dispute, the parties agree to seek an amicable solution. Failing that, any dispute shall be submitted to the exclusive jurisdiction of the courts of the Principality of Andorra.

Article 12 – Acceptance of T&Cs

Placing an order with the Provider implies full and unreserved acceptance of these Terms & Conditions of Sale. The Provider reserves the right to amend these T&Cs at any time. The applicable T&Cs are those in force on the date of the order.