GENERAL TERMS AND CONDITIONS OF SERVICE FOR DEAFFROG
(Deaffrog is a business unit operated by Markulia Group S.L.)
Last updated: November 2025
These General Terms and Conditions govern the contractual relationship between Markulia Group S.L., with its tax identification number and registered address as per its current corporate records, hereinafter “Markulia Group”, commercially operating under the brand “Deaffrog” (hereinafter, “Deaffrog”), and any individual or legal entity contracting the services offered through the website deaffrog.net or any other authorized commercial channel (hereinafter, “the Client”).
The contracting of any service implies full and unreserved acceptance of these Terms and Conditions.
1.- Purpose and scope
These Terms regulate the provision of marketing consultancy services, execution of marketing actions, technical support, and other related services that Deaffrog may offer now or in the future.
Services may include, without limitation:
- Strategic marketing consultancy.
- Management and execution of digital marketing campaigns and actions.
- Creation and management of content, campaigns, automations, and funnels.
- Technical and marketing-related implementation services.
- Monthly strategic advisory.
- Prepaid hour packages (service hours).
- Any other complementary service that may be added in the future.
The specific scope of each service will be defined in the commercial proposals, quotations, specific contracts, or subscription plans accepted by the Client.
2.- Contracting modalities
Deaffrog offers three contracting modalities:
2.1. Fixed-scope projects
Executed according to the scope, deadlines, and pricing defined in the accepted proposal or quotation.
2.2. Hour bundles
The Client acquires prepaid hours to be used for marketing, consultancy, or technical support.
Unused hours are non-refundable.
2.3. Monthly subscriptions (recurring services)
Recurring services are contracted through a monthly subscription, always with a minimum commitment period of 3 months, and a standard commitment period of 12 months.
- Subscriptions renew automatically for equal periods.
- Cancellation must be requested at least 3 months in advance of the renewal date.
- Failure to cancel within the required timeframe results in automatic renewal and the corresponding charge.
3.- Contracting process and acceptance
- Deaffrog will send the Client a proforma, proposal, or quotation detailing the service scope and price.
- After accepting the proposal, the Client shall make the corresponding prepaid payment.
- Upon receipt of payment, Deaffrog will issue the final invoice and begin service delivery.
Electronic, written or verbal acceptance is fully contractually binding.
4.- Pricing, invoicing, and payments
4.1. Pricing and payment method
All services must be paid in advance, under a strict prepayment model.
Accepted payment methods:
- Bank transfer
- SEPA B2B direct debit
- Credit/debit card (primarily for subscriptions)
4.2. Invoice issuance
- Proforma invoices or proposals are sent first.
- Once payment is received, Deaffrog issues the final invoice.
4.3. Payment deadline
Payment is immediate, and must be completed prior to the start of the service.
5.- Late payment penalties
Any delay in payment will incur a 20% penalty, without prejudice to Deaffrog’s right to:
- Temporarily suspend services
- Terminate the contract due to non-payment
- Claim the outstanding amounts
6.- Client obligations
The Client agrees to:
- Provide truthful, accurate, and updated information necessary for service delivery.
- Supply materials, access, authorizations, or content when required.
- Refrain from requesting results or tasks not included in the contracted scope.
- Use deliverables in accordance with the granted usage rights.
7.- Deaffrog obligations
Deaffrog agrees to:
- Deliver services with professional diligence and in accordance with industry standards.
- Provide general technical support and client assistance within the contracted scope.
- Maintain confidentiality over all Client material and information.
- Not guarantee specific results in marketing campaigns or strategies unless expressly confirmed in writing.
8.- Intellectual Property
All methodologies, internal processes, tools, internal documents, templates, and work systems used by Deaffrog are the exclusive property of Markulia Group S.L.
Final deliverables specifically created for the Client become the Client’s property once full payment has been made.
The transfer of rights does not include:
- Methodologies
- Internal systems
- Base templates
- Software or tools used
- Pre-existing materials
9.- Confidentiality
9.1. General confidentiality clause
Both parties agree to maintain strict confidentiality over all information exchanged and to refrain from disclosing it without prior authorization.
9.2. Reinforced confidentiality clause for strategic projects
For projects classified as “strategic”, Deaffrog will apply additional confidentiality measures, including:
- Restricted access solely to essential personnel
- Reinforced documentation security
- Complete prohibition of using the information for purposes unrelated to the contracted service
Confidentiality shall remain effective even after the contract ends.
10.- Limitation of liability
Deaffrog does not guarantee specific results in marketing campaigns, strategic actions, or technical implementations, as outcomes depend on external factors beyond its control.
Deaffrog’s maximum liability shall be limited to the amount paid by the Client in the previous 12 months, in accordance with the standards applied by Markulia Group.
Indirect damages, loss of profits, data loss, business interruption, or consequential damages are expressly excluded.
11.- Cancellation, interruption, or modification of services
11.1. Cancellation by the Client
- Subscription cancellations must be requested at least 3 months in advance for contracts with a 12-month commitment.
- Payments already made are non-refundable.
- Fixed-scope projects and hour bundles are non-refundable if cancelled early.
11.2. Cancellation by Deaffrog
Deaffrog may suspend or cancel service delivery in cases of:
- Non-payment
- Illicit use of the service
- Technical impossibility or force majeure
12.- Technical support and customer assistance
Deaffrog provides general technical support, marketing-related support, customer assistance, and operational help as part of the contracted services.
This support:
- Does not constitute an advanced IT maintenance service
- Has a general scope and does not include tasks not specified in the proposal
13.- Force majeure
Neither party shall be held liable for delays or failures caused by force majeure, including provider failures, power outages, cyberattacks, natural disasters, or similar circumstances.
14.- Governing law and jurisdiction
These Terms are governed by Spanish law.
For any dispute, both parties expressly submit to the Courts and Tribunals of Barcelona (Spain), waiving any other jurisdiction that may apply.
15.- Amendments
Deaffrog may amend these Terms and Conditions at any time, publishing the updated version on deaffrog.net.
Any subsequent service contracted after a modification implies acceptance of the updated Terms.
16.- Glossary of terms
Deaffrog: Commercial brand under which Markulia Group S.L. provides the described services.
Client: Individual or legal entity contracting the services.
Proforma invoice: Preliminary document detailing price and scope prior to issuing the final invoice.
Fixed-scope project: A service with defined tasks, timeline, and pricing.
Hour bundle: Prepaid hour package for various services.
Subscription: Monthly recurring contract with a minimum commitment period.
Commitment period: Mandatory period during which the Client must maintain the subscription.
Deliverables: Tangible outputs provided by Deaffrog (reports, designs, campaigns…).
Prepayment: Payment made prior to service delivery.
Penalty: Fee applied to the Client due to payment non-compliance.
Reinforced confidentiality: Additional confidentiality measures applied to strategic projects.
