INMEDIA is a creative digital boutique agency located in Ibiza, widely recognized as the most beautiful place on earth. Our international team hails from various parts of the world and is fortunate to work in such an incredible environment for our valued clients.
Calle San Lorenzo 111. Scope of Application and Validity
1.1. These General Terms and Conditions (T&Cs) apply to all business relationships between INMEDIA and its clients (hereinafter “Client”). They govern the provision of all services and products, including but not limited to: Brand Design, Marketing Strategy, Social Media Marketing, SEO (Search Engine Optimization), Content Creation (Photography, Videography, Copywriting), Web Design, and Web Development (Coding).
1.2. By placing an order with INMEDIA, the Client accepts these T&Cs in their entirety. Any deviating terms from the Client are not recognized unless INMEDIA explicitly agrees to them in writing.
1.3. These T&Cs form an integral part of every offer and contract. Amendments or additions are only valid if confirmed in writing by INMEDIA.
2. Offers, Orders, and Conclusion of Contract
2.1. INMEDIA provides the Client with a written offer (quote) based on the project requirements. Offers are non-binding until confirmed and are valid for 30 days unless otherwise stated.
2.2. A contract is concluded when the Client accepts the offer in writing (e.g., via email confirmation), by conduct (e.g., by providing materials to start the work), or by signing a specific project agreement.
2.3. Informal Orders: Requests for work made by the Client through informal channels (including but not limited to telephone, email, or messaging services like WhatsApp) without a prior written offer may be considered a binding order. INMEDIA reserves the right to perform such work and bill for it at its standard hourly or daily rates. This applies explicitly to tasks requested by the Client that are not part of a previously quoted project or scope of work.
2.4. Cancellation: If the Client withdraws from a contract after the order has been placed but before project completion, the Client is liable to pay for all work performed up to the cancellation date, plus a cancellation fee. The total amount shall be no less than 50% of the total estimated project price as stated in the offer.
3. Scope of Services and Project Execution
3.1. INMEDIA will execute the order to the best of its ability, applying professional standards and creative/technical expertise. INMEDIA maintains artistic freedom in the execution of creative tasks.
3.2. Approval Phases: Projects are typically executed in phases (e.g., Strategy, Design, Development, Launch). At the end of key phases, INMEDIA will present the work (e.g., design mockups, a link to a private staging server) to the Client for review and approval.
3.3. The Client must review the deliverables within five (5) working days. If the Client does not provide feedback or request revisions within this period, the deliverable is deemed automatically approved, and INMEDIA may proceed to the next phase.
3.4. Each project typically includes a set number of revision rounds as specified in the offer. Additional revisions or changes requested after a phase has been approved will be considered extra work and may be billed separately.
3.5. Additional Costs (Special Services): Services that are not explicitly included in the initial offer are considered special services and will be billed separately. This includes, but is not limited to: purchase of stock photos/videos, software licenses, plugins, fonts, third-party services, ad spend, or significant changes to the project scope requested by the Client after approval. INMEDIA will seek the Client’s approval before incurring such costs.
3.6. Third-Party Services: INMEDIA may engage third-party contractors or services (e.g., specialist developers, printers, hosting providers) to fulfil the order. INMEDIA will act in the Client’s best interest but is not liable for the performance, errors, or omissions of these third parties, unless caused by gross negligence on INMEDIA’s part.
4. Client’s Duty to Cooperate
4.1. The Client agrees to cooperate fully with INMEDIA and provide all necessary information, content (texts, images, logos, data), and access (e.g., to existing website backend, social media accounts) required for the project in a timely and suitable digital format.
4.2. Delays in the project caused by the Client’s failure to provide necessary materials or feedback may result in adjustments to the project timeline and may incur additional costs. If the Client fails to provide requested materials after two written requests and a grace period of a further seven (7) days, INMEDIA is entitled to suspend the project and invoice for all work completed to date.
5. Remuneration, Invoicing, and Payment Terms
5.1. The remuneration for services is detailed in the individual offer. If no price is agreed upon (e.g., for informal orders), INMEDIA’s standard rates shall apply. All prices are quoted net, exclusive of VAT (IVA).
5.2. Project-Based Payments: Unless otherwise agreed in the offer, the payment schedule for projects is as follows: * 50% upon order confirmation. * 25% upon approval of a key project milestone (e.g., design approval or delivery of the staging site). * 25% upon project completion, before final delivery or launch.
5.3. Retainer Services (Ongoing Support): a) Services provided on a monthly retainer basis (e.g., SEO, Social Media Management, Maintenance) are billed in advance at the beginning of each service period (e.g., on the first day of the month). b) Suspension of Services: If a retainer payment is not received within 14 days of the payment due date, INMEDIA reserves the right to suspend all related services without further notice until the outstanding balance is paid in full. This does not release the Client from their payment obligation.
5.4. Invoices are due for payment within 14 days of the invoice date, unless otherwise specified.
5.5. Late Payments: In the event of a delayed payment, INMEDIA is entitled to charge default interest at the statutory rate applicable under Spanish law (currently established by Law 3/2004 on combating late payment in commercial transactions).
6. Usage Rights (Copyright) and Retention of Title
6.1. INMEDIA grants the Client the usage rights for the final, approved work upon full and final payment of all outstanding invoices related to the project. The scope of these rights (e.g., exclusive/non-exclusive, time, territory) will be defined in the offer. In the absence of a specific agreement, the Client receives exclusive, unrestricted rights for the intended purpose.
6.2. Retention of Title: All services, deliverables, creative works, and data (including designs, code, photos, and documents) remain the intellectual and physical property of INMEDIA until all associated fees have been paid in full.
6.3. Any use of the deliverables by the Client before full payment is considered a temporary license for testing purposes only and can be revoked by INMEDIA at any time.
6.4. Source Files: The delivery of final files (e.g., .jpg, .png, .pdf, compiled website) does not include the transfer of open or raw source files (e.g., indd. .psd, .ai, .fig, uncompiled code). The rights to and delivery of source files require a separate agreement and are subject to additional fees.
6.5. Self-Promotion: Unless explicitly forbidden in writing, INMEDIA retains the right to display the work created for the Client in its own portfolio, on its website, and in other marketing materials for self-promotional purposes.
7. Liability
7.1. INMEDIA is liable only for damages caused by intent or gross negligence. Liability for simple negligence is excluded, except in cases of injury to life, body, or health.
7.2. The Client guarantees that all materials provided to INMEDIA (e.g., texts, images, logos, music, videos) are free from third-party rights and that the Client holds the necessary licenses for their use. The Client shall indemnify and hold INMEDIA harmless from any and all third-party claims arising from the use of these materials.
7.3. INMEDIA is not liable for the legal conformity (e.g., trademark law, data protection law) of the content or the final product. The legal review of the final work is the sole responsibility of the Client.
7.4. INMEDIA accepts no liability for the loss of data provided by the Client. The Client is responsible for maintaining their own backups.
8. Confidentiality
8.1. Both INMEDIA and the Client agree to treat all business and trade secrets of the other party, which become known during the course of their cooperation, as strictly confidential. This obligation extends beyond the termination of the contract.
9. Final Provisions
9.1. Governing Law: This agreement and all legal relationships between the Client and INMEDIA shall be governed exclusively by Spanish Law.
9.2. Place of Jurisdiction: The exclusive place of jurisdiction for all disputes arising from this contractual relationship is Ibiza, Spain.
9.3. Severability Clause: Should any provision of these T&Cs be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid one that comes closest to the economic purpose of the original provision.
