Terms of sale and consumer information

Last Updated: April 8, 2020

  1. SCOPE & APPLICATION
    1. These terms of sale (“Terms”) apply to all purchases of software (“Software”) or services (“Services”) which are sold through this website (“Site”) by: (a) Us, the Seller, BitTube Space SL, Carretera San Jeronimo 15 / 2, 28014 Madrid, Spain (references to “us”, “we” or “our” being construed accordingly) to (b) you, the purchaser (references to “you” or “your” being construed accordingly).
    2. By placing an order on this Site you agree to abide by these Terms. If you are a ‘consumer’ (purchasing outside the scope of your business), then nothing in these Terms will reduce your statutory rights relating to faulty or misdescribed Products or Services. For further information about your statutory rights contact your local authority Trading Standards Department or Citizens’ Advice Bureau.
    3. If you are a consumer, you may cancel your order for any reason within 14 calendar days of:
      1. Receipt of Product(s).
      2. Our acceptance of your order for Services. But such right to cancel shall end or not apply where:
      3. You have received all of the Services ordered; or
      4. You unseal or use any Software; or
      5. You receive the download link for a digital Product, where you have been notified during the purchase process and given your consent to your right to cancel ending on receipt of the download link; or
      6. Bespoke or customised Software are made specifically to your order.
    4. To exercise your right to cancel please email us at office@maram-consulting.com, you may also use the Cancellation Form wherever provided.
    5. Where you have ordered Services and exercise your right to cancel after the provision of the Services has commenced then we will deduct from your refund a amount in respect of the Services provided prior to receiving your notice to cancel proportional to the total Services ordered.
    6. If you require more information on your rights, you should contact customer support.
  2. OFFER, ACKNOWLEDGMENT AND ACCEPTANCE
    1. Any prices, quotations and descriptions made or referred to on this Site are subject to availability, do not constitute an offer and may be withdrawn or revised at any time prior to our express acceptance of your order (as described below).
    2. While we make every effort to ensure that digital products appearing on the Site are available, we cannot guarantee that all digital products are immediately available when you submit your order. We may reject your order if we are unable to process or fulfil it. If this is the case, we will refund any prior payment that you have made for that item.
    3. An order submitted by you (when you click the ‘Buy’ button) constitutes an offer by you to us to purchase Software or Services on these Terms and is subject to our subsequent acceptance.
    4. You may receive an automatic e-mail acknowledgement of your order. This does not constitute our acceptance of your order.
    5. Our acceptance of your order takes place when we agree to provide or a third party service provider begins to provide the Services to you.(“Acceptance”).
    6. In the case of Services please note that we are not the provider of the Services purchased from the Site. These Services will be provided by either our partner whose name and logo appears on the Site or by third party service providers and your relationship with them may be subject to additional terms and conditions which they will provide to you or require you to agree to before you receive the Service
  3. YOUR REPRESENTATIONS
    1. You should take care to ensure that all information that you provide when placing your order is up to date, accurate and sufficient for us to fulfil your order.
    2. By placing an order you represent that you have legal capacity to enter into a contract.
    3. You should ensure that your account information which is kept with us is accurate and updated as appropriate. Such information (and any passwords given to you for the purposes of accessing the Site and/or purchasing Software) should be kept secure against unauthorised access.
  4. PRICE AND TERMS OF PAYMENT
    1. Prices payable for Software or Services are those in effect at the time of Acceptance. Prices may be indicated on the Site or an order acknowledgement but we will notify you of the final sale price at the time of our Acceptance.
    2. We have the right at any time prior to our Acceptance to withdraw any discount and/or to revise prices to take into account increases in costs including (without limitation) costs of any materials, carriage, labour or the increase or imposition of any tax, duty or other levy and any variation in exchange rates. We also reserve the right to notify you of any mistakes in Software descriptions or errors in pricing prior to download or Service provision.
    3. If the price of the Software or Service increases or we change the description of the Software or Service between the time that you place your order and the time of our Acceptance, we will notify you, you may cancel your order and you will be given a full refund. If you choose to proceed with your order it will be delivered to you in accordance with the revised description and/or at the increased price.
      1. Exclusive of VAT and any other tax or duty which (where applicable) must be added to the price payable;
    4. We will charge credit or debit cards prior to making available for download of the Software or commencement of Services. We reserve the right to verify credit or debit card payments prior to Acceptance. Methods of payment accepted by us can be found on the Site.
    5. If you are a business customer (purchasing within the scope of your business) we may agree to invoice you in advance, or extend credit for the purchase of Softwares and/or Services from the Site. In such cases the following Terms shall apply to you:
      1. Where the payment is invoiced, each invoice shall be due on and made in full within thirty (30) days of the date of relevant invoice. If at any time you fail to pay any amount due on the relevant due date, we may by notice declare all invoiced amounts unpaid at that date to be immediately due and payable.
      2. No counterclaim or set-off may be deducted by you from any payment due without our written consent. We may also take action against you for the price of Software at any time after payment has become due.
      3. Any extension of credit allowed to you may be changed or withdrawn at any time. You shall indemnify us on demand against any out of pocket expenses incurred in relation to recovery of any overdue amounts.
  5. TERMINATION
    If you become bankrupt or insolvent or enter into a voluntary arrangement with creditors or you take any similar action or such action is taken against you in relation to your debts; or you fail to pay any amount by the due date, we may, in respect of any Software or Services for which payment has not already been received by us:
    1. Stop or suspend provision of Services; and/or
    2. By written notice terminate your order and all or any other contracts between us and you.
  6. SOFTWARE
    Where any software is provided (“Software”), this Software is licensed by us or by the relevant licensor/owner subject to the relevant end-user licence agreement or other licence terms included with Software (“Licence Terms”). In addition:
    1. If you are a business customer your rights of return and/or to a refund under these Terms and any applicable Returns Policy do not apply in the event that you open the Software shrink-wrap, break the license seal or use the Software.
    2. If you are a business customer and except to the extent expressly provided by us in writing or under relevant License Terms, Software is provided ‘as is’ without any warranties, terms or conditions as to quality, fitness for purpose, performance or correspondence with description and we do not offer any warranties or guarantees in relation to Software installation, configuration or error/defect correction. You are advised to refer to any License Terms with regards to determining your rights against a manufacturer, licensor or supplier of the Software.
  7. LIABILITY LIMITATION
    1. Our liability under these Terms (whether for negligence, breach of contract, misrepresentation or otherwise) shall be limited to the price payable for the Software or Services which are the subject of that order.
    2. If you are a consumer in addition to our liability under 7.1 above we will also be liable to you for losses that you suffer which are a foreseeable consequence of us breaching these Terms. Losses are foreseeable where they could be contemplated by you and us at the time of Acceptance.
    3. In no case shall we be liable for incidental, indirect, or consequential damages; or any loss of income, revenue, profits, contracts, data, goodwill or savings.
    4. Subject to any express provisions to the contrary set out in these Terms, all terms, conditions, warranties and representations (express or implied by statute, common law or otherwise) are hereby excluded.
    5. In no case do we seek to exclude our liability for (1) death or personal injury caused by our negligence (or that of our employees or authorised representatives); (2) fraud; (3) any breach of any obligation as to title to the Software implied by statute; or (4) any other liability which cannot as a matter of law be limited or excluded.
  8. THIRD PARTY RIGHTS
    You shall be responsible for and reimburse us for all expenses which we suffer liabilities, arising as a result of our performing Services or carrying out any work on or to the Software to your specific requirements or specifications which you have requested in the Software or Services which including for example where any third party brings a claim or action against us alleging infringement of its proprietary rights.
  9. 9. WARRANTY
    1. All Software specifications, illustrations, drawings, performance data and other information on the Site or made available by us are intended to represent no more than a general illustration of the Products and do not constitute a warranty or representation by us that the Software will conform with the same. You must refer to the developer’s specifications or warranty documentation to determine your rights and remedies in this regard.
    2. You may have the benefit of a developer’s, licensor’s or supplier’s warranty with the Software provided and you should refer to the relevant documentation of the Software or Service in this regard.
  10. CONSENTS
    If any licence or consent is required for your use of the Software, you shall obtain such licence or consent at your own expense and if necessary produce evidence of having done so to us. Where you are a business customer and you have failed so to do so you shall not be entitled you to withhold or delay payment. Any additional expenses or charges incurred by us resulting from your failure to obtain any necessary licence or consent shall be met by you.
  11. NOTICES
    If you wish to contact us for any reason in connection with these Terms you may do so using the contact details set out in clause 1.4 above.
  12. PERSONAL INFORMATION AND YOUR PRIVACY
    1. We comply with all data protection laws and will use data which could be used to identify you personally (“Personal Data”) only as set out in our Privacy Statement (“Privacy Statement”).
    2. In relation to security of orders that you place with us:
      1. If your bank or card issuer holds you liable for charges in relation to unauthorised use of your debit or credit card, connected with the use of your credit or debit card on our Site we will cover your liability up to €50.00 (EURO) provided that the unauthorised use of your credit or debit card was not caused by your own fraud or negligence (or by someone acting with your authority).
  13. GENERAL
    1. You may not transfer your rights under these Terms to anyone else without our prior written consent.
    2. You recognise that there may be circumstances outside our reasonable control which would prevent us from providing you with the Software or Services which you have ordered. Circumstances beyond our reasonable control may include (but are not limited to) any act of God, war, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labour disturbance, breakdown of plant or machinery, interruption in the supply of power or materials. In such cases, whilst we will do our best to fulfil your order, we cannot be responsible for failure or delay in doing so and in such event we may elect to cancel your order and refund any payments made. You may request that your order be cancelled if it has not been fulfilled within 30 days of having been made.
    3. These Terms set out all of our obligations in relation to of provision of Software and Services to you under any accepted order. These Terms prevail over any other terms or conditions referred to elsewhere or otherwise implied. We reserve the right to modify these Terms from time to time and any order will be subject to the Terms that are in place at the time that your order is accepted.
    4. No delay by either you or us in enforcing any of these Terms shall restrict the rights that either of us has under them.
    5. No waiver of any term or condition of these Terms shall be effective unless made in writing and signed by us.
    6. If a court of competent jurisdiction finds that any provision or portion of these Terms to be illegal, unenforceable, or invalid the remainder of these Terms (to the fullest extent permitted by law) will continue in full force and effect.
  14. GOVERNING LAW AND JURISDICTION
    1. These Terms shall be governed by Spanish Law and we both agree to the non exclusive jurisdiction of the courts of Spain over the Terms and any matter related to them, and all proceedings shall be conducted in Spanish.
    2. If you are a consumer and you live outside Spain you may be entitled to bring court proceedings in your own language and in your local courts, a local consumer advice organisation will be able to advise you of your rights.