Terms and Conditions

Section 1: Scope

(1) These Terms and Conditions (hereinafter “Terms”) apply to all contracts between Plan Digital Now S.L.U., Partida Les Barqueres S/N, Parcela 79, Polígono 11, 43365 Alforja, Tarragona, Spain (hereinafter “Contractor”) and its clients (hereinafter “Client”) for consulting, implementation, and support services in the areas of Customer Relationship Management (CRM) and Sales Operations.

(2) These Terms apply exclusively to businesses and professionals. Our services are not directed at consumers.

(3) Deviating, conflicting, or supplementary terms and conditions of the Client shall only become part of the contract if the Contractor has expressly agreed to their validity in writing.

(4) Individual agreements with the Client (including side agreements, amendments, and modifications) shall in any case take precedence over these Terms.

Section 2: Subject Matter and Services

(1) The Contractor provides services in the following areas:

• CRM Consulting: Analysis of existing processes, system selection, strategy development, creation of requirements catalogs and recommendations
• CRM Implementation: Setup and configuration of CRM systems, data migration, integration with third-party systems, customizations and automations
• Sales Operations: Ongoing operational support, lead management, pipeline management, reporting and process optimization
• Support & Training: Technical support, troubleshooting, training, onboarding of new employees, system adjustments

(2) The exact scope of services is defined in the respective offer, service description, or project contract.

(3) The Contractor provides services vendor-independently and recommends the CRM system that best fits the Client’s requirements.

Section 3: Contract Formation

(1) The presentation of services on the Contractor’s website does not constitute a legally binding offer but is an invitation to submit an offer.

(2) The contract is formed by:

• Acceptance of a written offer by the Contractor by the Client, or
• Booking of a service via the online booking system (e.g., Potential Analysis), or
• Written confirmation of the order by the Contractor.

(3) Offers by the Contractor are valid for 30 days unless otherwise stated.

(4) Written form can also be satisfied by email or other electronic means of communication.

Section 4: Prices and Payment Terms

(1) All prices stated are net prices plus applicable sales tax.

(2) For Clients located in another EU member state with a valid VAT identification number, invoices are issued without Spanish VAT (IVA) under the reverse charge procedure. For US clients, we invoice in USD without VAT.

(3) Unless otherwise agreed, the following pricing models apply:

• Potential Analysis: $499 (100% credited toward follow-up engagement)
• Consulting Services: $150 per hour
• Project Services: Individual fixed-price quote or time and materials billing
• Support Packages: Monthly flat rates according to current price list

(4) Invoices are due within 14 days of invoice date without deduction, unless otherwise agreed.

(5) For fixed-price projects, unless otherwise agreed: 50% upon engagement, 50% upon project completion.

(6) If the Client defaults on payment, the Contractor is entitled to charge interest at the rate of 9 percentage points above the base rate. The right to claim further damages remains reserved.

(7) The Contractor reserves the right to refuse or suspend services while payments are outstanding.

Section 5: Service Delivery

(1) Services are primarily delivered remotely (video calls, screen sharing, remote access). On-site appointments can be arranged upon request; travel and accommodation costs incurred will be billed separately.

(2) Service dates and milestones are coordinated jointly. The Contractor will notify the Client immediately if delays are anticipated.

(3) The Contractor provides services to the best of their knowledge using recognized methods and standards of CRM consulting.

(4) The Contractor is entitled to engage qualified third parties (subcontractors) for service delivery. The Contractor remains responsible to the Client in such cases.

Section 6: Client Obligations

(1) The Client shall provide the Contractor with all information, documents, and access necessary for the execution of the engagement in a timely and complete manner.

(2) The Client shall designate a contact person responsible for coordinating the project and authorized to make decisions on project matters.

(3) The Client shall participate in coordination meetings, reviews, and acceptance procedures within a reasonable time.

(4) The Client is responsible for providing the necessary technical infrastructure (hardware, internet access, system access).

(5) If the Client fails to fulfill their obligations and this delays service delivery, the Contractor is entitled to request a reasonable extension and to invoice the resulting additional expenses.

Section 7: Acceptance

(1) For project services, the Client is obligated to review and accept the delivered services within 14 days of completion notification, provided there are no material defects.

(2) Acceptance shall be in writing. Minor defects do not entitle the Client to refuse acceptance.

(3) If the Client does not respond within the deadline or puts the deliverable into productive use, the service shall be deemed accepted.

Section 8: Intellectual Property and Usage Rights

(1) For work products created during the engagement (e.g., documentation, configurations, reports, concepts), the Contractor grants the Client a simple, perpetual right of use for the agreed purpose upon full payment.

(2) General methods, tools, know-how, and reusable components of the Contractor remain the property of the Contractor and may be used for other projects and clients.

(3) Use of work products by the Client for purposes other than those agreed or transfer to third parties requires prior written consent from the Contractor.

Section 9: Warranty

(1) The Contractor warrants that services delivered meet the agreed requirements and are provided with reasonable care.

(2) In case of defects in project services, the Client is first entitled to remediation. The Contractor will remedy defects within a reasonable period.

(3) The warranty period for project services is 12 months from acceptance.

(4) For consulting services: The Contractor is liable for providing recommendations based on best knowledge and considering the information provided by the Client. The implementation decision lies with the Client.

(5) Warranty does not apply to defects attributable to missing or incorrect cooperation by the Client, subsequent changes by the Client or third parties, or force majeure.

Section 10: Liability

(1) The Contractor is fully liable for damages arising from injury to life, body, or health, as well as for damages caused by intent or gross negligence.

(2) In case of slightly negligent breach of material contractual obligations (cardinal obligations), the Contractor’s liability is limited to typical, foreseeable damages.

(3) Liability for other slightly negligent damages is excluded.

(4) Liability for indirect damages, consequential damages, lost profits, and data loss is excluded to the extent legally permissible.

(5) In any case, the Contractor’s liability is limited to the amount of compensation paid or payable by the Client for the respective engagement, with a maximum of $50,000.

(6) The above liability limitations also apply in favor of the Contractor’s employees, agents, and subcontractors.

Section 11: Confidentiality

(1) Both parties undertake to treat all confidential information of the other party obtained in the course of the collaboration as strictly confidential and to use it only for the contractually agreed purposes.

(2) Confidential information includes, in particular, trade secrets, technical data, customer data, prices, and terms.

(3) The confidentiality obligation does not apply to information that:

• Is already publicly known or becomes public without fault of the receiving party,
• Was already known to the receiving party before receipt,
• Was lawfully received from a third party without confidentiality obligation, or
• Must be disclosed due to legal obligation.

(4) The confidentiality obligation continues for the duration of the collaboration and 3 years thereafter.

Section 12: Data Protection

(1) Both parties undertake to comply with applicable data protection laws.

(2) To the extent that the Contractor has access to personal data of the Client in the course of providing services, a Data Processing Agreement shall be concluded upon request of the Client.

(3) Details on the processing of personal data by the Contractor are described in the Privacy Policy at plandigitalnow.com/privacy-policy.

Section 13: Term and Termination

(1) Individual engagements (e.g., projects, Potential Analyses) end upon delivery of the agreed services.

(2) For support packages and ongoing services:

• Minimum term: 3 months from contract start
• Notice period: 30 days to the end of the month
• Automatic renewal: For one month at a time, unless terminated

(3) The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular if:

• A party repeatedly violates material contractual obligations despite warning,
• Insolvency proceedings are opened against a party’s assets or opening is refused for lack of assets,
• The Client is in default of payment for more than two monthly installments.

(4) Termination must be in writing. Email is sufficient.

(5) Upon termination of the contract, the Contractor shall hand over all relevant data, documentation, and access to the Client. Services already rendered shall be compensated.

Section 14: References

(1) The Contractor is entitled to reference the Client and the project in anonymized form (e.g., “midmarket company in the XY industry”).

(2) Naming the Client by name as a reference or publishing a case study requires prior written consent from the Client.

Section 15: Final Provisions

(1) The law of the Kingdom of Spain applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Tarragona, Spain, to the extent legally permissible.

(3) Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected. The parties undertake to replace the invalid provision with a regulation that comes closest to the economic purpose of the invalid provision.

(4) Amendments and additions to these Terms require written form. This also applies to a waiver of this written form requirement.

(5) The contract language is English. In case of discrepancies between different language versions, the English version shall prevail for US clients.

Last Updated: January 2026 These Terms apply exclusively to businesses and professionals. Our services are not directed at consumers.