Terms of service

1. Purpose

These terms govern the contracting of the website design, development, publishing and maintenance service that Nitro Scaler provides through a recurring subscription.

The service is aimed primarily at professionals and businesses acting within their economic activity. Where the customer legally qualifies as a consumer, the rights granted by Spanish Royal Legislative Decree 1/2007 also apply.

2. Plans and prices

The available plans, their contents and their prices are those published on the pricing page of this site at the time of contracting. Prices are stated in euros and EXCLUDE VAT unless otherwise indicated; Value Added Tax at the rate in force on the date of each invoice will be added to the amount.

The contracted fee is fixed for the entire term of the subscription. Nitro Scaler will not apply periodic reviews, price-index adjustments or rate increases of any kind to the customer. Any rate changes Nitro Scaler may publish take effect only for contracts entered into after their publication.

The setup fee covers configuring the server, setting up the domain and the first publication. It is €49 plus VAT and is waived in full for every signup completed before 30 September 2027.

The domain name is not included in the fee. The customer may register and pay for it directly with their own provider, in which case Nitro Scaler configures it at no cost, or entrust its registration and renewal to Nitro Scaler, in which case €1.99 per month plus VAT is added to the plan fee. Non-standard extensions and domains acquired on the secondary market are quoted separately.

Yearly payment applies a 10% discount on the sum of twelve monthly payments and is paid in advance.

3. What the fee includes

The monthly fee covers, in every plan (the domain name is excluded, in accordance with section 2):

• Managed server hosting and an HTTPS certificate.
• Regular backups and security updates.
• The monthly changes corresponding to the contracted plan, under the terms of section 5.
• Email support with a reply within one working day. Where a matter cannot be resolved in writing, support may be provided by video call, by appointment and during working hours, subject to availability. Video calls complement the written channel and do not constitute a permanent telephone support service.

4. Duration and minimum term

The Ignition plan has no minimum term: it can be cancelled at any time, effective at the end of the period already paid for.

The Turbo plan carries a minimum term of six months, the Nitro plan twelve and the Rocket plan twenty-four, because they involve custom development whose setup cost is not recovered in the short term. This is always communicated before the contract is signed.

After the minimum period, the subscription renews for equal periods unless either party gives fifteen days’ notice.

5. Included changes

Each month includes the number of changes corresponding to the contracted plan, as published on the pricing page of this site. A change means one request from the customer, and each one covers up to five specific edits to existing content (text, prices, photographs, opening hours and the like).

Unused changes roll over to following months up to that plan’s maximum rollover, also published on the pricing page. Anything accrued above that ceiling is lost.

New functionality, complete redesigns and the creation of additional sections are not included changes and are quoted separately.

6. Ownership of the website and the domain

For the purposes of this section, a distinction is drawn between the technical substrate of the website and its content. The technical substrate — the source code, the programming, the architecture, the implementation and the configuration, what we colloquially call the skeleton of the site — is and shall remain the exclusive property of Nitro Scaler, both during the term of the subscription and after it ends. Contracting the service transfers no ownership right over it and no licence over its code to the customer, and it is under no circumstances assigned, sold or transferred. It is precisely this ownership that makes it possible to provide the service without charging for the initial development.

The content belongs to the customer. Materials supplied by them (text, photographs, logos and trade marks) and data generated through the website in the course of their activity (bookings, customer records, catalogue, posts and the like) are the customer’s property at all times, and the customer grants Nitro Scaler a licence to use them limited to providing the service.

The customer is entitled to obtain a complete copy of that content and those data, in standard, widely used formats that allow them to be processed by another provider. This right does not lapse when the contract ends.

When the subscription ends, the site stops being published. At the customer’s request, the following services may be contracted, covering the preparation and delivery work and under no circumstances the technical substrate of the website or its code: transfer of the domain name into their ownership for €50 plus VAT, provided the domain is under Nitro Scaler’s management, and full export and delivery of the databases for €129 plus VAT, on plans that include them.

7. Customer obligations

The customer undertakes to provide the information and materials needed to deliver the service, and warrants that they hold the rights to all content they supply.

The customer is responsible for the accuracy of the information published about their business and for complying with any sector-specific rules that apply to them.

8. Payment and non-payment

The fee is paid in advance at the start of each period.

In the event of non-payment, the customer will be notified by email. If the situation is not resolved within fifteen calendar days, publication of the website will be suspended. Data and content will be kept for the following thirty days so the service can be reactivated.

9. Service availability

Nitro Scaler will use reasonable means to keep the website continuously accessible, which does not amount to a guarantee of absolute availability.

No liability is accepted for interruptions caused by force majeure, by infrastructure provider failures, or by the customer’s own actions on the service.

10. Right of withdrawal

Where the customer legally qualifies as a consumer, they have fourteen calendar days to withdraw from the contract without giving a reason.

If the customer expressly asks for the service to begin within that period, they must pay the proportional part of what has already been provided at the time of withdrawal, under article 108.3 of Royal Legislative Decree 1/2007.

11. Changes to these terms

Nitro Scaler may modify these terms with thirty days’ notice. If the customer does not accept the new terms, they may terminate the subscription without penalty before they take effect.

This does not extend to the price: under section 2, the contracted fee remains unchanged for as long as the subscription runs, and new rates apply only to later contracts. The sole exception is a change in the applicable tax rate, which is imposed by law and outside the control of either party.

12. Governing law and disputes

These terms are governed by Spanish law.

For any dispute, the parties submit to the courts determined under the applicable rules, without prejudice to the jurisdiction that legally corresponds to the customer where they qualify as a consumer.