LEGAL
FRAMEWORK
01. Privacy Policy
1. Data Controller
AetherCluster
Carrer de Balmes, 201, Piso 4º 2ª
08006 Barcelona, Barcelona, España
Email: [email protected]
2. Data We Collect
When you contact us via our website, we collect the following personal data: your name, email address, phone number (if provided), and the content of your message. This data is collected solely for the purpose of responding to your inquiry and providing our services.
3. Legal Basis for Processing
We process your personal data based on: (a) your consent when you submit a contact form; (b) the performance of a contract when you engage our services; and (c) our legitimate interest in responding to inquiries and improving our services, in accordance with Article 6 of the EU General Data Protection Regulation (GDPR).
4. Data Retention
Contact form submissions are retained for a maximum of 12 months from the date of submission. Contract-related data is retained for the duration of the contractual relationship and for 5 years thereafter, in compliance with Spanish tax and commercial record-keeping obligations.
5. Your Rights
Under the GDPR and Spanish data protection law (LOPDGDD), you have the right to: access your personal data, rectify inaccurate data, request erasure ("right to be forgotten"), restrict processing, data portability, and object to processing. To exercise any of these rights, contact us at [email protected].
6. Data Security
We implement appropriate technical and organizational measures to protect your personal data against unauthorized access, alteration, disclosure, or destruction. These measures include encrypted data transmission (TLS/SSL), secure server infrastructure, and access controls.
7. Third-Party Services
Our website uses Tailwind CSS (via CDN) for styling. We do not use Google Analytics, Facebook Pixel, or any other tracking or analytics tools. No data is shared with third parties for marketing purposes.
8. International Transfers
Your data is processed within the European Economic Area (EEA). Should any data transfer outside the EEA become necessary, we will ensure appropriate safeguards are in place, such as Standard Contractual Clauses (SCCs) approved by the European Commission.
03. Refund Policy
1. General Policy
At AetherCluster, we are committed to delivering high-quality web engineering services. Due to the custom nature of our work, refunds are evaluated on a case-by-case basis according to the project milestones and deliverables outlined in the service agreement.
2. Milestone-Based Refunds
Projects are structured around defined milestones. If a project is cancelled before a milestone is completed, a proportional refund for the unpaid portion of that milestone may be issued. Work already delivered and accepted at a completed milestone is non-refundable.
3. Cancellation by Client
Clients may cancel a project at any time by providing written notice. Refunds will be calculated based on: (a) the total project fee; (b) the percentage of work completed at the time of cancellation; and (c) any third-party costs already incurred (domain registrations, hosting, API subscriptions).
4. Cancellation by AetherCluster
In the unlikely event that we must cancel a project, a full refund for any prepaid amounts related to uncompleted milestones will be issued within 14 business days.
5. Non-Refundable Items
The following are non-refundable: (a) completed and accepted deliverables; (b) third-party service costs incurred on behalf of the client; (c) consulting and audit fees for work already performed; (d) rush or expedite fees.
6. Refund Process
To request a refund, contact [email protected] with your project reference number. Refund requests are processed within 5 business days. Approved refunds are issued via the original payment method within 14 business days.
7. Dispute Resolution
Any disputes regarding refunds will be resolved in accordance with Spanish consumer protection law and the jurisdiction of the courts of Barcelona, Spain.
04. Terms of Service
1. Acceptance of Terms
By engaging the services of AetherCluster (Carrer de Balmes, 201, Piso 4º 2ª, 08006 Barcelona, España), you agree to be bound by these Terms of Service. If you do not agree, do not use our services.
2. Scope of Services
AetherCluster provides web engineering services including but not limited to: e-commerce development, database-driven web applications, API architecture, cloud infrastructure, UI/UX design, SEO optimization, and marketing automation. The specific scope of each project is defined in the individual service agreement or proposal.
3. Project Execution
Projects are executed according to the milestones, timelines, and deliverables specified in the service agreement. AetherCluster will maintain regular communication throughout the project. Client feedback is required at each milestone to proceed to the next phase.
4. Payment Terms
Invoices are issued according to the payment schedule defined in the service agreement. Payment is due within 14 days of invoice date unless otherwise specified. Late payments may incur a surcharge of 2% per month. Services may be suspended if payment is overdue by more than 30 days.
5. Intellectual Property
Upon full payment, all custom code, designs, and deliverables created specifically for the client become the client's property. AetherCluster retains the right to display the project in its portfolio unless otherwise agreed. Third-party libraries, frameworks, and tools remain subject to their respective licenses.
6. Confidentiality
Both parties agree to keep confidential any proprietary information shared during the course of the project. This includes business strategies, technical specifications, source code, and client data. This obligation survives the termination of the service agreement for a period of 2 years.
7. Limitation of Liability
AetherCluster's total liability for any project shall not exceed the total fees paid by the client for that specific project. We are not liable for indirect, incidental, or consequential damages, including loss of revenue, data, or business opportunity.
8. Warranty
AetherCluster provides a 30-day warranty on all delivered work, covering defects in functionality and compliance with the agreed specifications. This warranty does not cover issues caused by third-party services, client modifications, or force majeure events.
9. Termination
Either party may terminate the service agreement with 14 days' written notice. Upon termination, the client will be invoiced for all work completed up to the termination date. All completed deliverables will be transferred to the client upon receipt of final payment.
10. Governing Law
These Terms of Service are governed by Spanish law. Any disputes shall be resolved in the courts of Barcelona, Spain, in accordance with EU consumer protection regulations.