Nubart’s General Terms of Service

Digital Tangible SL (dba Nubart) - Last updated: November 24th, 2021

General - scope of application

These general terms of service apply to all present and future business relations between Nubart and the customer regarding the delivery of products (goods) and the rendering of services (services).

The customer within the meaning of these general terms of service is any natural or legal person or company with legal capacity who, at the time of conclusion of this contract, is acting in the exercise of a commercial or independent professional activity.

Deviating, conflicting or supplementary general terms of service of the customer shall not become part of the contract, even if known, unless their validity is expressly agreed to in writing.

These general terms of service are aimed to cover both tangible products (cards, headphones…) and intangible services (digital services, CMS, content production) provided by Nubart. By confirming an order in writing or by signing a contract, the customer bindingly declares that he wishes to purchase the ordered goods or service. Nubart is entitled to accept or reject the contractual offer contained in the order within four weeks of receipt by Nubart.

Confirmation and declaration of acceptance by Nubart shall be made in writing by letter, by e-mail or by a signed contract or agreement. The same shall apply to supplements, ancillary agreements or amendments. The service to be rendered shall be described in detail in the letter of confirmation. The declaration of acceptance by Nubart may also be made by delivery of the tangible goods.


Prices, further costs

Nubart’s prices are quoted in EURO or in USD and are to be understood within Spain plus the statutory value added tax. In countries other than Spain, reverse charge will be applied.

Nubart shall be bound by the purchase price offered for 90 days, unless otherwise agreed. The date of confirmation is decisive in this respect.

Unless expressly agreed otherwise, the prices include packaging, freight, postage and insurance costs inside the European Union. For countries outside the European Union, a separated fee for freight and postage may be applied on the provided quote or agreement.


Terms of payment and invoicing

Unless otherwise specified in writing, 50% will be charged at the time of order confirmation and the remaining amount on delivery of the goods.

Nubart reserves the right to invoice the agreed service electronically by e-mail.

The customer shall only be entitled to set-off if his counterclaims have been legally established or acknowledged by us. The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.


Cancellation and follow-up costs

Cancellation by the customer shall be subject to consequential costs. The cancellation of an order requires the written form (e.g. letter, e-mail). When cancelling an order, the buyer will be charged the costs incurred up to the time of cancellation.

Cancellation of a customer-specific production (for example, card production) involves costs incurred in production preparation, production planning, and release for production. After written approval of production and printing by the customer, 50 % of the amount to be invoiced must be paid in full in the event of an intended cancellation, as production can then no longer be stopped.

In the event of cancellation of a purchase of merchandise (for example, headphones), the proportionate loss of profit and the costs of reversal to the supplier/manufacturer shall be borne; if the goods are so special that reversal to the manufacturer is not possible (for example, customized headphones), 100% of the invoice amount shall be borne by the buyer. The customer shall receive an invoice from Nubart for the cancellation costs, which shall be settled within 10 days of receipt.


TANGIBLE GOODS


Delivery and service

An agreement of delivery dates and delivery periods or service dates and service periods shall only come about with the express written confirmation of the date by Nubart.

If the customer chooses the right of withdrawal due to Nubart' default, it shall not be entitled to any additional damages. Otherwise, the statutory provisions shall apply.

Nubart is entitled to make partial deliveries as far as this is reasonable for the customer.


Retention of title

Nubart retains title to the goods until all claims arising from the current business relationship with the customer have been settled in full.

The customer is obliged to treat the goods with care.

The customer is obliged to inform Nubart immediately of any third partner access to the goods, for example in the event of seizure, as well as of any damage to or destruction of the goods. The customer must notify Nubart immediately of any change of ownership of the goods and of any change of its own domicile.

Nubart shall be entitled to withdraw from the contract and demand the return of the goods in the event of breach of contract on the part of the customer, in particular in the event of default in payment or breach of an obligation in this provision.

In the case of personalized goods that cannot be further commercialized (such as audio guide cards or personalized headphones), Nubart shall have the right to use the recovered goods as samples and to distribute them on to third parties.

The customer shall be entitled to resell the goods in the ordinary course of business as long as he is not in default of payment. Nubart hereby assigns to the other customer all claims in the amount of the invoiced amount, which are due to the other customer against a third partner as a result of the resale. After assignment, the customer is authorized to collect the claim. Nubart reserves the right to collect the claim himself if the customer does not duly fulfill his payment obligations.

The handling and processing of the goods by the customer (i.e. by integrating the cards into a card holder) is always carried out in the name and on behalf of Nubart as supplier or manufacturer. If processing takes place with elements that are not the property of Nubart, Nubart shall acquire co-ownership of the new item in the proportion of the value of the goods delivered by Nubart to the processed items. The customer shall keep the (co-)ownership of Nubart in safe custody free of charge.

Warranty for tangible goods


Audio guide cards

The offers of Nubart are subject to change without notice. Technical changes as well as changes in form, color and/or weight are reserved within reasonable limits. Drawings, illustrations, dimensions, weights and other performance data are only binding if expressly agreed in writing.

For defects in the printed audio guide cards, Nubart shall provide warranty by replacement.

A Nubart card is considered defective and subjected to replacement if:

  • There is no match between the alphanumeric code and the QR code.
  • The QR code has not been printed in relief despite the customer's explicit written request when placing the order.
  • The colors differ significantly from the design originally approved by the customer.
  • There are completely illegible written parts, as long as Nubart did not warn the customer in advance of this possibility during the elaboration of the design (e.g. too small logos).
  • The cards have been printed on a material other than that explicitly requested by the customer.

Minor deviations in the printing ink from the printable original or fluctuations in punching, which lead from card to card to different distances between the printed motifs and the card edges, do not entitle the customer to complain about the delivery. The same applies to the comparison between press proofs and production runs and the comparison between two productions.


Headphones

Nubart is committed to guaranteeing the correct operation of 95% of the headphones supplied. The customer accepts the fact that 5% of the headphones may have certain defects, such as:

  • Absence of one of the silicone hoods
  • Faulty operation of one of the two headphones

Unless otherwise agreed, Nubart undertakes to deliver 5% more than the ordered quantity in order to cover normal waste.


Other electronic devices (powerbanks, adaptors)

Nubart is committed to guaranteeing the correct operation of 98 % of the powerbanks and adaptors (i.e. Lightning to 3,5 mm-jack adaptor) supplied. The customer accepts the fact that 2% of this product may be defective.

Unless otherwise agreed, Nubart undertakes to deliver 2% more than the ordered quantity in order to cover normal waste.


General warranty conditions for tangible goods

The warranty period for new goods vis-à-vis the customer shall be one year from delivery of the goods. This shall not apply if the customer has not notified Nubart of the defect in good time. Warranty is excluded for used goods.

If the replacement fails or the delivery time for the replacement is not acceptable for the customer, the contractual partner may, at his discretion, demand a reduction of the remuneration or rescission of the contract (withdrawal). In the event of a minor breach of contract, in particular in the event of minor defects, the customer shall not be entitled to withdraw from the contract.

The customer must notify obvious defects (including complaints regarding incorrect or incomplete deliveries) within a period of two weeks from receipt of the goods. In addition, the customer is obliged to notify Nubart in writing of defects that are not obvious within two weeks of discovery. Otherwise, the assertion of a warranty claim shall be excluded in both cases. Timely dispatch of the notice of defect shall suffice to meet the deadline. The customer shall bear the full burden of proof for all claim prerequisites, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect. Nubart reserves the right to inspect any defects complained of on site at the customer's premises by professionally qualified employees.

If the customer chooses to withdraw from the contract due to a legal or material defect after failed subsequent performance, he shall not be entitled to any additional compensation claim for damages due to the defect. If the contractual partner chooses to claim damages after failed subsequent performance due to a defect for which Nubart is responsible and if the goods remain with the customer, the damages shall be limited to the difference between purchase price and value of the defective goods, unless Nubart can be accused of malice.

Only the product description of Nubart shall be deemed agreed as the quality of the goods. Public statements, praise or advertising by the manufacturer or third parties do not constitute a contractual description of the quality of the goods. In the event of minor deviations of the goods, the customer shall in particular not be entitled to a reduction of the purchase price.

The customer's claims for damages due to a defect shall become statute-barred one year after delivery of the goods, unless Nubart can be accused of malice.

INTANGIBLE GOODS


Service level agreement for Nubart’s CMS

Nubart follows a zero-downtime approach and the necessary redundancy and automated tests have been established at every level of Nubart’s infrastructure. Therefore Nubart guarantees that its visitor guidance and monitoring system will be perfectly functional 99,9 % of the time, except for any unavailability caused by circumstances beyond Nubart’s reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Nubart’s employees), Internet service provider failures or delays, or denial of service attacks.

In the event of a downtime affecting the functionality of the audio guide due to Nubart’s technical failure of more than 20 consecutive minutes, the customer may, at his discretion, demand a reduction of the remuneration or rescission of the contract (withdrawal). In the event of a minor downtime of less than 20 consecutive minutes, the customer shall not be entitled to withdraw from the contract.

Nubart’s audio cards act as a key that provides a controlled access to a digital web-app and require the use of a smartphone. Nubart’s web-app follows the principle of progressive enhancement in order to ensure the maximal reach. This means that the basic functionalities are available using any browser or internet connection, whereas more nuanced and technically rigorous layers of presentation and features are added progressively only if the end-user's browser/internet connection allows it.

Nubart follows a permanent monitoring of all the errors of use due to incompatibilities with certain models of mobile, operating system or browser, establishing the pertinent diagnoses and implementing ways of solution. However, Nubart cannot guarantee that occasional malfunctions will not occur, generally due to the use of very old or uncommon smartphones or browsers.

Nubart’s audio guide tracks are streamed by default, but for facilities with bad connectivity Nubart also offers an optional offline-mode. Nubart cannot guarantee an exhaustive functionality of its offline-mode, since with the current state of the art only about 95 % of browsers are compatible with the very advanced technology used for Nubart’s offline-mode. When our system detects a browser that is not compatible with the offline mode, the audio guide issues a warning and switches automatically to Nubart’s standard streaming-mode.

The customer agrees on providing a permanent report of the detected incompatibilities by reporting the problem and providing the serial number or the alphanumeric code printed on the card to Nubart, so that Nubart can diagnose the specific problem on its system-logs, detecting the smartphone and browser that has been used and possibly find a correction or workaround to prevent future malfunctions. Nubart agrees to provide a regular feedback to the customer about detected incompatibilities and the measures taken to overcome them.

Nubart may agree on providing a direct access to it’s CMS or even to provide a clone of it’s CMS to the customer. Such service would be subjected to a separate special license-agreement.

Data reports

Nubart registers anonymous usage data for its audio guides, like country of origin of the visitor, language of the visitor, total listened minutes, used device, most listened tracks and others. Nubart agrees to provide without previous requirement to the customer a full data report once a month in the case of permanent exhibitions, or one report at the end of a temporary exhibition. Additional data reports will only be provided by Nubart at the express request of the customer and may be invoiced separately. Contractual partners licensed with a direct access to Nubart’s CMS can access data reports without restriction.

By default, Nubart currently transmits the data reports by providing access to a password-protected digital dashboard to each customer.

Nubart is constantly innovating in order to provide the best possible experience for its users. The customer acknowledges and agrees that the form and nature of the data reports which Nubart provides may change from time to time without prior notice, always with the aim of improvement.

Nubart reserves the right to archive usage-data older than one year. If the contracting party wishes to obtain a usage report that is more than one year old, this request may be subject to surcharge.

All data collected by Nubart in the data reports are anonymous. Nubart guarantees that the data compiled on the reports are GDPR-compliant.

Feedback form

Nubart includes a feedback form in the digital content of its visitor guidance system that allows the users to provide voluntarily some information requested by the customer. The answer or no answer in this form has no effect on the functionality of the audioguide.

Nubart offers the customer the possibility to choose between several standard questions for inclusion in the feedback form. Should the customer wish to add a specific question that is not contained in the list, it will be at Nubart's sole discretion to incorporate it and its incorporation may be subjected to a surcharge.

Nubart offers the customer the possibility that the free comments provided by users in the feedback form are sent to one or more of its staff member’s by email in real time. Nubart assumes no responsibility in the event that emails containing such information do not arrive correctly or quickly enough to the mailbox or mailboxes proposed by the customer.

The request for the user’s personal data, like name, pone number or email address, on Nubart’s feedback form is not part of Nubart services. Should the customer insist on requesting such data, this service will be invoiced separately and will be carried out in full compliance with the GDPR.

The answers provided by the users in the feedback form are included in Nubart’s data report.

Light-Weight Web Access Control (LWAC)

Nubart owns the intellectual property of a procedure that allows the non-transferability of the unique codes printed on Nubart audio cards and a protected access to the proprietary multimedia content without requiring a login nor a registration.

This method involves the use of transactional first-party cookies or passive fingerprinting and, optionally, as a fallback, the request of an email address to provide a new access link to the content. Nubart guarantees that this process is merely functional, and that the privacy of the user is fully respected, in full compliance with the GDPR. The customer will not have access under any circumstances to the emails that users have entrusted to Nubart for this functional purpose, except by legal imperative.

As an alternative to the unique QR-code that gives access to the audio guide content, Nubart offers to its users the possibility of introducing a unique alphanumeric code on a form, either under its own domains nubart.eu or nub.art, or under a domain that belongs to the customer. Nubart does not assume any responsibility for the malfunction of the cards due to problems of maintenance or access to the website enabled by the customer under his domain.

Changes in the content

If no direct access to the CMS has been licensed, the set-up of the digital content of the audio guide is executed by Nubart. Within the limits of reasonableness and technical feasibility, the customer may request changes and adaptations until the digital audioguide is completed to its satisfaction and the product can be considered delivered.

Nubart is aware that an exhibition may be subject to changes that must be reflected in the content of the audio guide. Except in cases of force majeure, Nubart undertakes to make any changes to the digital content of the audio guide free of charge and within 24 hours of receipt of the telephone or written notification, provided that such changes only affect existing content. In the event that the changes desired by the customer require the production of new content by Nubart, or that more than 4 any kind of changes are required per month, this service will be invoiced separately.

If the content of the audio guide is delivered by the customer:

The customer is solely responsible for any Content that he creates, transmits or displays while using the Nubart Services and for the consequences of his actions (including any loss or damage which Nubart may suffer) by doing so.

The customer shall be solely liable if rights, in particular copyrights and commercial rights of third parties regarding images, audiovisual productions, texts, translations or voice-overs, are infringed by the execution of his order. The counterpart will compensate Nubart for the claims of third parties due to a violation of intellectual property, commercial license, right of image or violation of the right to privacy.

Nubart may have no control over any web sites or resources which are provided by companies or persons other than Nubart and that shall be integrated into the digital content of the audio guide at the customer’s request. Nubart does not endorse any advertising, products or other materials on or available from such web sites or resources.

The voiceovers delivered by the customer to be incorporated in the audioguide must meet the quality standards required by Nubart, which will be explicitly communicated before delivery. In case they do not meet these standards, Nubart may reject them.

If the content of the audio guide is produced and delivered by Nubart:

In order to meet the different needs of its customers in terms of content production, Nubart has developed three levels of service: bronze, silver and gold.

Nubart is committed to producing quality content and using only professional writers, translators and voice talents of proven reliability at all levels of service.

The estimates issued by Nubart will specify the level of service offered to the customer. Any change in service level during the production process will be immediately communicated to Nubart, who will invoice the service finally offered. Nubart reserves the right to not accept a change in service level if the corresponding production phase is already too advanced and such change is not possible without incurring costs, unless the customer accepts to pay for those costs.

The customer will be able to negotiate with Nubart a hybrid system, applying certain levels of service to different phases of production or to different languages. The production phases are divided into three: script, translation and voiceover.

Nubart's calculation of the price of a production will not be the number of words, but the number of soundtracks, each of which should not exceed 350 words. In case they exceed 350 words, Nubart will compute an additional track.

Script writing


Service level “Bronze”

The service level “bronze” covers only the revision of a script previously provided by the customer. This revision will be fundamentally of style and punctuation, seeking to adapt the text to the specific needs of an audio guide. No data checks will be performed, nor will the existing information in the script be completed or altered. The customer will provide the script divided into blocks of no more than 350 words (one block will be equivalent to one soundtrack). In the case that the customer proposes blocks of greater length, Nubart will return the script to the customer or will find a way to divide these blocks into separate tracks, with the consequent surcharge due to the increase in the number of tracks.

The service level “bronze” covers a single review by the customer. Nubart will implement the proposed changes and send the script to the customer for final approval before sending it for translation and voiceover. The customer must confirm the approval of the script in writing. Once this approval is given, any change or alteration of the text will be subject to a surcharge that will be proportional to the effort of the translations and voice recordings that have already been made, with a minimum amount of 150 €.


Service Level “Silver”

The "silver" level of service covers the original writing of a script with the support of reliable sources identified by the writer and written and audiovisual material previously provided by the client, including personal or video-conference interviews with experts provided by the client. It does not include original research or fact-checking of information provided by the client. It also does not include a "Storyboard" with indication of sound effects, nor scripts with special difficulties, such as scripts for children, scripts in easy language for the cognitively impaired, or audio-descriptions for the visually impaired, which would correspond to the "gold" level of service.

The script will be written by experienced professionals proposed by Nubart. The customer can contribute with generic suggestions about the style (s)he wants to give to the script, as well as receive a sample of the script written by two different professionals, being able to select the one he prefers from the two proposals.

The tracks created by the script writer will not exceed 350 words.

Once the script is finished, the customer can suggest changes and participate in two rounds of revisions. Once the changes from the second round of revisions are incorporated, the script will be resubmitted for approval. If the customer requests new rounds of revisions, these will be subject to a surcharge.

Once the script is completed, it will be sent to the customer for final written approval and will be considered final. Any subsequent change of the final script due to reconsiderations by the customer or errors not attributable to Nubart will imply in all cases a surcharge on the agreed price. This surcharge will be proportional to the effort of the translations and voice recordings that have already been made based on the wrong script, with a minimum amount of 150 €.


Service level “Gold”

The "gold" level of service covers the original writing of a script with the support of reliable sources and written and audiovisual material previously provided by the client, including personal or video-conference interviews with experts suggested by the client. Original research and fact-checking of information provided by the client is not included. If necessary, the script will incorporate a storyboard to propose sound effects, as well as dialogue or creative storytelling elements. This level also covers scripts with special difficulties, such as scripts for children, scripts in easy language and audio-descriptions for the visually impaired.

The script will be written by experienced professionals proposed by Nubart. The customer may provide specific suggestions on the tone (s)he wishes to give the script. The author of the script and the customer will be in permanent communication throughout the process. The customer may make all suggestions and propose all necessary changes until the script is finished, with no limit on revisions.

The text created by the script writer per soundtrack or POI will not exceed 350 words.

Once the script is finished, it will be sent to the customer for final written approval and will be considered final. Any subsequent changes to the final script due to reconsiderations by the customer or errors not attributable to Nubart will always imply a surcharge on the agreed price. This surcharge will be proportional to the effort of the translations and voice recordings that have already been made, with a minimum amount of 200 €.

Translations


Service level “Bronze”

The service level "Bronze” covers a translation carried out by trustworthy professionals in their mother tongue. The customer agrees to collaborate with Nubart in resolving any doubts that may arise for the translator, as well as to provide assistance for the translation of technical terms related to their field of expertise. He will also alert Nubart if he has a preference for a particular translation of certain words.

Nubart will perform an internal quality control of the translation. This level of service does not include any revision by the customer, so once all the doubts have been resolved and the internal quality control has been carried out, the translation will be sent directly to the voiceover.

Nubart will only rectify the translation or the recording based on that translation if the customer can prove that it is a manifest and demonstrable translation mistake or syntax error. Any changes proposed later by the customer based on preferences or subjective criteria will be the object of a surcharge. This surcharge will be proportional to the effort of the voice recordings already made on the basis of the previous translation, with a minimum amount of 150 €.


Service level “Silver”

The service level “Silver” covers a translation performed by trustworthy professionals in their mother tongue. The customer agrees to collaborate with Nubart in resolving any doubts that may arise for the translator, as well as to provide assistance for the translation of technical terms related to their field of expertise. He will also alert Nubart if he has a preference for a particular translation of certain words.

The service level “Silver” covers one single review in which the client can propose changes. Nubart will instruct the translator to implement these changes and send the corrected version to the customer for final approval. Any new proposed changes may be subject to a surcharge.

Before sending the translation to be voiced, Nubart will request the customer's written approval. Once this approval is granted, any subsequent changes or alterations to the translation will always be subject to a surcharge that will be proportional to the effort of the voice recordings that have already been made, with a minimum amount of 150 €.

There is no other level of service for translations.

Voiceovers


Service level “Bronze”

The service level "bronze" includes the voice-over of the tracks by professionals in their mother tongue.

The customer may choose three voices per language from the collection of voice samples sent by Nubart, indicating their order of preference. Nubart will choose one of those three voice talents based on their availability and suitability for this assignment. Nubart cannot guarantee the hiring of the customer’s first option. The chosen voiceover artists will do the complete voice over of the script in their mother tongue. No more than one voiceover artist per language can be requested at this level of service.

Nubart will ensure that the recording does not contain background noise, word changes, repetitions or omissions with respect to the script or to the translation of the script. Likewise, Nubart is committed to providing a pronunciation guide to its speakers to support them in the correct pronunciation of proper names and foreign words, requesting the customer's help when necessary. Nubart will check that the speaker has followed these instructions and has pronounced the words correctly. Although the customer will have the right to demand a correct pronunciation of foreign words, he cannot demand a diction identical to that of a native speaker of the original language.

The level of service "bronze" does not include any reviews by the customer. If the customer wishes the tracks to be voiced again due to changes that are not manifest errors by Nubart, the new recording of those tracks will be billed for the same rate applied for the original recording, with a minimum amount of 150 €.


Service level “Silver”

The level of service "silver" includes the voicing of the tracks by professional speakers in their mother tongue. This level of service includes two voices per language, i.e. the script tracks in a given language will be distributed between the two chosen voice talents.

The customer can choose two voices per language from the collection of voice sample sent by Nubart. Nubart will guarantee the customer's choice, except in case of force majeure or illness. If the chosen voiceover is not hirable due to those reasons, Nubart can substitute him/her with an equivalent voice, subjected to the customer’s approval. Each voiceover artist will voice the part of the script that has been assigned to him/her. Nubart will charge a surcharge for sound editing in case two different voices must be combined in one single track (like in dialogs or quotations).

Nubart will ensure that the recording does not contain background noise, word changes, repetitions or omissions with respect to the script or to the translation of the script. Likewise, Nubart is committed to providing a pronunciation guide to its speakers to support them in the correct pronunciation of proper names and foreign words, requesting the customer's help when necessary. Nubart will check that the speaker has followed these instructions and has pronounced the words correctly.

The service level "Silver" includes a single review by the customer and the free repetition of the tracks that the customer does not consider fully satisfactory. If the customer wishes to have a track repeated a third time due to subjective improvements not based on obvious errors by Nubart, the track will be charged at the current rate for the original track, with a minimum amount of 150 €.


Service level “Gold”

The level of service "Gold" for voiceovers encompasses complex projects that include casting speakers with acting skills, incorporating sound effects, etc. Due to its complexity, it will be subject to a personalized quote and agreement.

Promotional packages including content production.

Unless otherwise agreed in writing, in all Nubart promotional packages that include the production of content, such production will always be carried out under the service level "bronze".

Copyright and ownership of content

Nubart retains title to the use license for the script, translations and voice-overs produced by Nubart until all claims arising from the current business relationship with the customer have been settled in full. Once the Nubart audio guides are no longer used by the customer and the business relationship between Nubart and the customer can be considered as terminated, ownership of the content will pass to the customer. Only in exceptional cases, such as a revenue-share agreement, can Nubart permanently reserve the intellectual property of the content.

Nubart undertakes to establish with the scriptwriters, photographers, translators and speakers the necessary agreements to obtain a permanent license to use their productions in the context of the audio guide and to be in a legal situation to transfer it to the customer.

Permanent product improvement

The customer may submit to Nubart comments or ideas about Nubart’s audio guiding and monitoring Services, including without limitation how to improve the Nubart Services or products.

Nubart undertakes to take notice and to assess the feasibility and convenience of such an idea. If Nubart considers this idea to be an effective and real improvement of its products and services, it will develop and integrate it at no cost to the contractual partner.

However, in the event that the customer needs the implementation of such an idea within a shorter period of time than Nubart would require under normal conditions, or if it is an idea that Nubart does not consider a general improvement of the product, but a customized feature only desirable and suitable for the customer, the development of such an idea will be the subject of a separate agreement and will be invoiced.

By submitting any Idea, the customer agrees that this disclosure is gratuitous, unsolicited and without restriction and will not place Nubart under any fiduciary or other obligation, and that Nubart is free to use the Idea without any additional compensation to the customer, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.

Publicity

Except if otherwise agreed, the customer accepts that Nubart, in its sole discretion, may use the customer’s trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to the customer’s website) for the purpose of advertising or publicizing its use of the Nubart Services.

The customer agrees that Nubart may provide him with notices by email, phone or regular mail, on the Nubart Services. By providing Nubart his/her email address, the customer consents to Nubart using the email address to send him any notices required by law in lieu of communication by postal mail.

Final provisions

This contract shall be governed by and construed in accordance with the law of Spain. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply to this General Terms of Service. Nevertheless, Nubart reserves the right to choose the law applicable at the domicile of the customer.

For any litigation or dispute arising from this Contract, the Courts of Barcelona shall be competent, the parties expressly waiving any other jurisdiction that may correspond to them. Nubart reserves the right to choose the domicile of the customer as the place of jurisdiction.

In the event that one or more provisions of this document is or becomes void or unenforceable for any reason whatsoever, the remaining agreements and provisions contained herein shall remain in full force and effect, but the Parties agree to replace the void or unenforceable provisions with valid and enforceable provisions that come as close as possible to the intent and economic purpose of the invalid provision.

No variation, modification or waiver of provisions of this document or consent to deviations therefrom shall be effective unless it is in writing and signed by the parties and, in such case, only to the extent and for the purpose for which it is made or granted.