Skip to content
Lloret de Mar, Costa Brava  ·  18:42 CET hello@modernshapeworks.com +34 972 36 57 11
ModernShapeWorks Start a project

Legal

Terms of service

Last updated: 11 June 2026

These terms govern engagements between ModernShapeWorks S.L. ("we", "us", "the studio") and the client ("you"). They apply to every project, retainer and one-off block we deliver. By instructing us in writing, signing a proposal, or completing checkout on this site, you accept these terms. Project-specific scope is defined separately in the proposal.

1. The services we provide

We design and build identities, websites, digital systems and editorial work. The exact deliverables for an engagement are listed in the proposal. Anything not in the proposal is not in scope. Adding work mid-engagement is handled via a written change order at our standard hourly rate.

2. Quotes, payments and invoicing

  • All amounts shown on the site exclude Spanish VAT (currently 21%). VAT is added to invoices for clients billed inside Spain. Clients invoiced outside the EU are billed without VAT.
  • 1-week sprints are paid in full on Monday.
  • 3- and 6-week sprints split 50 / 50 across kickoff and launch.
  • 10-week sprints split 40 / 30 / 30 across kickoff, sign-off, launch.
  • Continuum is billed monthly in advance, on the same calendar day each month.
  • Drop-in sessions are invoiced in full at purchase, prior to any work.
  • Invoices are payable within 14 days. Late payment after 30 days incurs interest at the statutory Spanish rate.

3. The kickoff and the schedule

Schedules quoted in the proposal assume reasonable client responsiveness — typically a reply within two business days. If client review or content delivery falls behind by more than two weeks, we reserve the right to pause the engagement and reschedule into the next available slot, with at least one week's written notice.

4. Revisions and acceptance

Each design phase includes two rounds of substantive revision. Further rounds are billed at our standard hourly rate. Once a phase is signed off in writing (email is fine), we proceed to the next phase. Returning to a previously-signed-off phase is treated as a change order.

Project work is deemed accepted at the earlier of: written acceptance from you, or 14 days after launch with no documented defects raised.

5. Intellectual property

  • On full payment of the final invoice, we assign to you the full copyright and ownership of all bespoke design and code we have produced specifically for your project.
  • Open-source libraries used in your project remain under their original licenses (MIT, BSD, Apache, etc.) and are not assigned to you.
  • We retain ownership of any pre-existing studio components used in your project. You receive a perpetual, royalty-free, non-exclusive license to continue using them.
  • Until the final invoice is paid, all delivered work remains our property and may not be used in production.
  • We retain the right to feature the work in our portfolio unless you request anonymity in writing before launch.

6. Hosting and third-party services

Unless explicitly included in your proposal, hosting, domain registration, email services and third-party SaaS subscriptions are arranged in your name and at your cost. We can arrange these on your behalf, but invoices are passed through at cost — we do not mark them up.

7. Cancellation

You may cancel an engagement at any time with written notice. Work completed up to the cancellation date is billed at the time-and-materials rate, capped at the next milestone payment. Pre-paid drop-in sessions are non-refundable but unused sessions roll over for 90 days. Continuum can be cancelled with 30 days' notice; the final month is prorated to the day.

8. Confidentiality

Both parties keep confidential information shared during the engagement private and use it only for the purposes of the project. This obligation survives the engagement and continues for three years after the final invoice is paid.

9. Liability

Nothing in these terms excludes or limits liability for fraud, gross negligence, death or personal injury, or any other liability that cannot be limited by Spanish law. Subject to that, our maximum aggregate liability for any engagement is limited to the total fees paid by the client for that engagement in the twelve months preceding the claim. We are not liable for indirect or consequential losses, including loss of profits, business, revenue or goodwill.

10. Warranty and bug fixes

Every sprint includes free post-launch support — at least 30 days, longer for larger sprints. After that, fixes are handled under Continuum or a session block. The studio does not warrant the work against changes you (or third parties) make to the site after launch.

11. Force majeure

Neither party is liable for failure to perform caused by events outside its reasonable control, including without limitation: prolonged internet outages, supplier failure, illness, civil disturbance, governmental action, or natural events. The affected party will give written notice as soon as practical and the schedule will be extended by the duration of the event.

12. Governing law and jurisdiction

These terms are governed by Spanish law. Any dispute arising in connection with this agreement is subject to the exclusive jurisdiction of the courts of Girona, Spain. Before litigating, both parties agree to attempt resolution in good faith via written correspondence for at least 30 days.

13. Notices

Notices under these terms should be sent to hello@modernshapeworks.com with a copy by post to Carrer de Buenos Aires, 36, 17310 Lloret de Mar, Spain.