Terms and conditions applicable to providers of the NomadIA platform
1. Object of the collaboration
These terms and conditions applicable to the providers of the NomadIA platform (hereinafter, the “Agreement”) govern the commercial collaboration relationship between, on the one hand, NOMADIA ONE, S.L., with Tax ID B22967509 and registered office at Paseo Campos de Castilla, 1, 40195 Segovia (Spain) (hereinafter, “NomadIA”), and, on the other hand, the entrepreneur or professional that registers on the platform and accepts this Agreement for the inclusion, promotion and positioning of its products and/or services on the platform (hereinafter, the “Partner”).
Through the platform, NomadIA will make available to its users a digital environment in which the Partner’s products and/or services will be presented, organised and made visible, in order to facilitate contact with potential users and, where applicable, the contracting of such products and/or services through the functionalities enabled on the platform at each time, in the terms set out in this Agreement.
For these purposes, the Partner acknowledges that NomadIA operates as a digital platform for intermediation and visibility, and that its intervention is limited to that activity. Consequently, unless expressly agreed otherwise in writing, NomadIA will not itself provide the products and/or services offered by the Partner, nor act as the material supplier, agent, distributor or representative of the Partner in their marketing or provision.
The inclusion of the Partner in the NomadIA platform, as well as the visibility or positioning that may be granted at each moment, will not entail any guarantee of a minimum volume of traffic, contacts, requests, contracts or revenue.
The specific modality of the Partner’s presence on the platform, as well as the conditions applicable to its visibility, operation and participation in the NomadIA digital ecosystem, will be governed by this Agreement and, where applicable, by the operational and technical rules that apply.
2. Partner registration, approval, verification and permanence
2.1. The Partner’s incorporation into the NomadIA platform will be subject to a registration, onboarding, approval and verification process to be carried out electronically through the platform itself. In this process, the Partner must provide the information required by NomadIA and accept this Agreement, in order to verify that it meets the necessary conditions to operate on the platform and offer its products and/or services in accordance with applicable regulations and NomadIA’s operational criteria.
2.2. During the registration process, the Partner must provide NomadIA, in a complete, truthful and up-to-date manner, with at least the following information, where applicable:
a) its corporate name or full name;
b) its registered or professional address;
c) its contact telephone number and email address;
d) its tax identification number or equivalent identification;
e) its registry details, where registered with the Commercial Registry or another equivalent public registry;
f) the details of the payment account, gateway or payment solution that it will use in its relationship with NomadIA and, where applicable, to channel payments through the platform;
g) the licences, authorisations, qualifications or certifications required for the marketing or provision of its products and/or services;
h) an express declaration by which it undertakes to offer exclusively products and/or services compliant with applicable regulations; and
i) any other information that NomadIA reasonably requests to complete the verification of the Partner, maintain its registration on the platform or comply with applicable legal or regulatory obligations.
The Partner guarantees the accuracy, truthfulness, currency and legality of the information provided and undertakes to communicate without undue delay any relevant change that affects it or its ability to market or provide the products and/or services offered.
2.3. NomadIA may keep records of the Partner’s registration process, of the information provided during that process, of the acceptance of this Agreement and of the version accepted, for the purposes of evidencing and following up on the contractual relationship.
2.4. NomadIA may verify the reliability, integrity and currency of the information provided, directly or through publicly accessible official sources or registries, and may request from the Partner, where reasonably necessary, additional information or evidence to complete the verification.
2.5. The Partner’s approval and activation will not be automatic or definitive. NomadIA may review at any time the maintenance of the Partner’s registration, quality, reliability, operational suitability and regulatory compliance requirements.
2.6. If the information provided is inaccurate, incomplete, insufficient or outdated, NomadIA may request its correction within a reasonable period. As long as such request is not fully addressed, NomadIA may refuse the Partner’s registration, not activate its profile or suspend totally or partially its presence or functionalities on the platform, in the terms set out in clauses 12 and 18.
The failure to provide or correct the required information, as well as the finding of relevant breaches in legal, operational or reputational matters, will entitle NomadIA to reject the Partner’s incorporation and, where applicable, to suspend its participation on the platform or terminate this Agreement in the terms set out in clause 18.
3. Visibility and positioning on the platform
3.1. The Partner’s inclusion in the NomadIA platform will determine the visibility and positioning of its products and/or services in the terms set out in this Agreement.
3.2. The order of appearance of the Partner’s products and/or services in the results shown to users of the platform will be determined, in general, in accordance with the following main parameters:
a) firstly, the ratings or reviews given by nomads regarding the products and/or services offered on the platform;
b) secondly, the suitability of such products and/or services to the destination(s) chosen by the user in their search; and
c) lastly, alphabetical order.
3.3. The Partner acknowledges that the above parameters constitute the main positioning criteria applicable on the platform on the date of acceptance of this Agreement.
3.4. The visibility or positioning of the Partner may vary at any time in accordance with the above criteria. Consequently, the Partner acknowledges that it has no right to a specific position, to particular visibility, or to the maintenance of a specific place of appearance on the platform.
3.5. NomadIA may update or modify the positioning criteria for operational, commercial, technical or regulatory reasons. In such case, it will communicate this to the Partner in the applicable terms.
3.6. The Partner’s inclusion on the platform will not imply exclusivity or guarantee of a minimum volume of traffic, contacts, operations or revenue.
4. Economic conditions
4.1. As consideration for the Partner’s inclusion in the NomadIA platform and for the channelling of contracts through it, the Partner will pay NomadIA a commission of ten percent (10%) on the total amount of each operation effectively formalised and collected through the platform, calculated on the taxable base of the corresponding transaction.
4.2. The contracting of the Partner’s products and/or services through the platform will be articulated through the integration, in the Partner’s profile, of a Stripe account owned by the Partner. Through this account, payments made by users and the automatic deduction of NomadIA’s commission will be managed.
4.3. The Partner undertakes to integrate and maintain operational throughout the term of the Agreement a Stripe account compatible with NomadIA’s infrastructure. The lack of integration, compatibility or correct functioning of such account will entitle NomadIA not to activate or to suspend the contracting functionality until the issue is resolved.
4.4. NomadIA’s commission will accrue for each operation effectively formalised and collected through the platform and will be automatically deducted from the amount paid by the user, with the resulting net amount being settled to the Partner.
4.5. NomadIA will issue monthly the corresponding invoice and settlement of the amounts accrued as commission during the relevant period.
4.6. All amounts set out in this Agreement are understood as not including Value Added Tax (“VAT”) or any other indirect taxes that are legally applicable, which will be passed on in accordance with current regulations.
4.7. NomadIA will not assume any responsibility for cancellations, refunds or incidents arising from the products and/or services marketed by the Partner, with its action being limited to technological intermediation and the channelling of the transaction.
5. Prices and commercial conditions
5.1. The Partner undertakes to publish on the NomadIA platform complete, truthful, clear, up-to-date and fully applicable prices and commercial conditions for the products and/or services offered through it.
5.2. The Partner guarantees that the effective selling price and commercial conditions offered to users who contract through the NomadIA platform will not be less favourable than those offered in its own direct channels for identical or equivalent products and/or services, once all promotions, reductions, discounts, codes or economic advantages effectively available in those channels have been applied.
5.3. For these purposes, the Partner’s own direct channels are understood to be its website, application, direct sales channels, direct commercial communications and any other means managed directly by the Partner itself. Offers or conditions marketed through platforms, intermediaries or third parties unrelated to the Partner are expressly excluded from this obligation.
5.4. The Partner may not use the NomadIA platform to attract users and divert their contracting to its own direct channels by offering, in those channels, prices or conditions more favourable than those offered on the platform itself for identical or equivalent products and/or services.
5.5. NomadIA may require at any time the correction, updating or withdrawal of any prices or commercial conditions published on the platform that do not comply with the provisions of this clause.
6. Nature of the relationship
The relationship between the Parties is strictly commercial and independent.
This Agreement does not constitute and may not in any case be interpreted as a contract of partnership, agency, distribution, franchise, representation, mandate, commission, joint venture or employment relationship between the Parties.
Each Party will act in its own name and on its own account, will assume its own risks, costs, obligations and responsibilities, and will retain full autonomy in the organisation and development of its respective activity.
The Partner will market and, where applicable, provide its products and/or services under its exclusive responsibility, without the inclusion of such products and/or services on the NomadIA platform, their visibility on it, or the eventual channelling of requests or contracts through it altering the independent nature of the relationship between the Parties.
Nothing in this Agreement will entitle one Party to act, contract, assume obligations or make statements on behalf of or on behalf of the other, except with prior and express written authorisation.
7. No exclusivity
The signing of this Agreement does not grant exclusivity to the relationship between the Parties.
Consequently, NomadIA may incorporate other partners, suppliers or providers carrying out activities identical or similar to those of the Partner into its platform, and the Partner may promote, market and, where applicable, provide its products and/or services through its own channels or through third parties, including other aggregators, platforms, intermediaries or collaborators.
The Partner’s inclusion in the NomadIA platform does not grant any right of exclusivity, preference, category reservation, minimum business volume or permanent priority of positioning or visibility, without prejudice to what, where applicable, may be expressly agreed in writing between the Parties.
8. Partner obligations
The Partner undertakes to:
a) market and, where applicable, provide its products and/or services with the diligence, professionalism and quality levels required of a professional operator in its sector, under its exclusive responsibility and in full compliance with the terms of this Agreement;
b) have and maintain throughout the term of the Agreement the material, technical, organisational and human resources necessary for the proper marketing or provision of its products and/or services, as well as, where required or reasonably advisable given the nature of its activity, the corresponding licences, authorisations, qualifications and insurance coverages;
c) keep permanently updated all information relating to its products and/or services, conditions, prices, availability and any other relevant matters for its correct presence on the platform and for the proper information of users;
d) cooperate in good faith with NomadIA in everything necessary for the proper functioning of the contractual relationship, including, where appropriate, updating content, correctly using the platform’s functionalities, maintaining applicable technical integrations and attending to any operational incidents that may arise;
e) attend to users who access its products and/or services through the platform with the required diligence and professionalism, and respond within a reasonable time to the requests, incidents, complaints or claims that such users make in relation thereto, without prejudice to the provisions of clause 13;
f) carry out its activity on the platform in accordance with the regulations applicable to it at each time and guarantee that the products and/or services it offers are lawful, that it can validly market or provide them, and that the information, documentation, materials, images, prices, conditions and other content it provides to NomadIA or that is published on the platform in relation thereto is truthful, accurate, sufficient and up to date;
g) attend without undue delay to the requirements that NomadIA directs to it in relation to compliance with this Agreement, the correct operation of the platform, the proper information of users or the protection of NomadIA’s reputation;
h) inform NomadIA, without undue delay, of any fact, incident, claim, investigation, administrative or judicial requirement, sanction, relevant modification or change of circumstance that may affect the legality of its products and/or services, its ability to market or provide them, compliance with its legal obligations or its permanence on the platform; and
i) refrain from any action or omission that may harm the operation of the platform, the user experience, NomadIA’s reputation or the correct performance of this Agreement.
9. Commercial information, content and materials of the Partner
9.1. The Partner will comply with the following obligations:
a) provide NomadIA with all information, documentation, texts, images, prices, conditions, graphic elements and other materials necessary for the correct presentation and promotion of its products and/or services on the platform;
b) guarantee that all information, commercial description, materials, messages, claims or statements provided to NomadIA or published on the platform in relation to its products and/or services are truthful, accurate, sufficient, clear, understandable, duly updated and can be reasonably substantiated, and that they correspond to the actual characteristics of the products and/or services offered;
c) guarantee that prices, economic conditions, limitations, access requirements, booking, cancellation, modification, refund conditions and any other relevant matters applicable to its products and/or services are correctly informed and kept permanently updated;
d) refrain from providing or authorising the publication of false, misleading, unlawful, unfair, denigrating, discriminatory, bad-faith content or materials, or any content liable to mislead users or violate third-party rights;
e) guarantee that it has the necessary rights, licences, authorisations and consents over the texts, images, distinctive signs, trademarks, trade names, photographs, videos, designs and any other materials or content provided to NomadIA for use on the platform;
f) guarantee that the products and/or services it offers or markets through the platform do not infringe third-party rights, including, among others, intellectual or industrial property rights, image rights, rights to honour, privacy or self-image, or any other legally protected rights, and undertake not to offer, promote or market through the platform products and/or services that incur in such infringements;
g) attend without undue delay to any request from NomadIA aimed at correcting, completing, updating, modulating or withdrawing information, materials, prices, conditions or content relating to its products and/or services when necessary to guarantee regulatory compliance, proper user information, editorial consistency of the platform, user protection or NomadIA’s reputation; and
h) assume exclusive responsibility for the information, materials and content relating to its products and/or services that it provides to NomadIA or that is published on the platform at its request or with its knowledge.
9.2. NomadIA may adapt, lay out, summarise or rearrange the materials provided by the Partner for reasons of format, design, visual consistency or editorial coherence of the platform, provided that such adaptation does not substantially alter the essential content of the Partner’s offer or mislead users.
9.3. NomadIA may also reject, not publish, unpublish or remove totally or partially any content or materials of the Partner when it has notice or knowledge that they do not comply with the provisions of this Agreement or that their maintenance on the platform may be unlawful, misleading, harmful to users or liable to infringe third-party rights.
10. Platform operation and operational integration
10.1. The NomadIA platform constitutes the digital environment created, managed, operated and maintained by NomadIA for the incorporation, presentation, promotion and, where applicable, contracting of the Partner’s products and/or services, according to the collaboration modality enabled at each time.
10.2. Through this platform, the Partner will have a digital presence space in which its products and/or services, conditions, materials, content and other elements linked to its offer may be displayed, as well as, where applicable and according to the collaboration modality effectively enabled, contact, booking or contracting functionalities.
10.3. The functional, technical and operational management of the platform will be the responsibility of NomadIA, which will administer it with the reasonably required diligence taking into account its nature, state of development and available resources.
NomadIA may introduce improvements, updates, technical adaptations, design changes, functional adjustments or modifications to the structure and operation of the platform, provided that such changes do not substantially deprive the collaboration covered by this Agreement of its content.
NomadIA may carry out maintenance, review, correction, updating or temporary suspension of the platform or any of its functionalities when this is necessary for technical, operational, security, regulatory or service improvement reasons.
When such changes or actions may significantly affect the Partner’s presence or operation on the platform, NomadIA will communicate this with reasonable advance notice, provided this is possible given the nature of the change or incident.
10.4. NomadIA will endeavour to maintain a reasonable operation of the platform, but does not guarantee its uninterrupted availability or the absence of errors, interruptions, delays or technical incidents.
11. Personal data protection
11.1. The Parties undertake to comply at all times with the applicable regulations on personal data protection and, in particular, with Regulation (EU) 2016/679 and Spanish Organic Law 3/2018.
11.2. Within the framework of this Agreement, each Party will act as an independent data controller with respect to the personal data it processes on its own account and for its own purposes. For these purposes, each Party will process under its exclusive responsibility the identifying, professional and contact data of the natural persons involved in the management, development, execution and monitoring of this Agreement, for the purpose of maintaining the contractual relationship and on the legal basis that applies in each case.
11.3. The inclusion, display or promotion of the Partner on the NomadIA platform will not, by themselves, imply the communication to the Partner of personal data of the platform users. When a user, through the platform, accesses the Partner’s digital space, contacts the Partner or contracts its products and/or services through the functionalities enabled at each time, the processing of the personal data that the user provides to the Partner in that context will be the exclusive responsibility of the latter, in accordance with its own privacy policies, contractual conditions and other applicable legal documentation.
11.4. The Partner guarantees that it has and will keep updated its own data protection policies, information clauses and contractual conditions, and that it will process the personal data it receives directly from users in connection with the marketing or provision of its products and/or services in accordance with applicable regulations. Likewise, each Party will adopt the appropriate technical and organisational measures to guarantee a level of security appropriate to the risk in relation to the processing of personal data it carries out under its own responsibility, and will attend, also under its exclusive responsibility, to the exercise of the rights of the data subjects in relation to such processing.
11.5. In the event that the operations effectively deployed by the Parties require in the future a legal configuration different from that provided for here, including situations of data communication, access to data on behalf of a third party or joint controllership, both Parties undertake to formalise, in advance or as soon as required, the corresponding legal instrument as appropriate under applicable regulations.
11.6. The Parties also undertake to treat with due confidentiality the personal data to which they have access within the framework of this Agreement and to retain it only for the time necessary for the purpose justifying its processing and for compliance with applicable legal obligations.
12. Request for and removal of information and content
12.1. NomadIA may, at any time during the term of this Agreement, request from the Partner the information, documentation, clarifications or corrections reasonably necessary to verify compliance with its contractual, legal or operational obligations, as well as to guarantee the proper functioning of the platform, adequate information to users and protection of NomadIA’s reputation.
12.2. NomadIA does not assume a general obligation of prior supervision, systematic review or legal assessment of the content, materials, products and/or services or information provided by the Partner for inclusion on the platform. However, when it has notice or knowledge that the Partner’s information, content, materials, prices, conditions, products and/or services or actions are or may be unlawful, misleading, harmful to users, liable to infringe third-party rights, breach applicable regulations or be contrary to this Agreement, NomadIA may refuse their publication, not publish them or remove them from the platform, informing the Partner of this.
12.3. NomadIA may adopt the measures provided for in the preceding paragraphs when reasonably necessary to ensure compliance with this Agreement or applicable regulations, protect users or preserve the proper functioning, security and integrity of the platform.
12.4. The adoption of the above measures is understood without prejudice to the other powers corresponding to NomadIA under this Agreement, including, where applicable, the suspension or termination powers provided for in clause 18.
13. Claims, incidents and cooperation
13.1. The Partner will be solely responsible for attending to and resolving the claims, incidents, complaints, requests or disputes that users raise in relation to the products and/or services offered or provided by it.
13.2. When NomadIA receives, through the platform or any other channel, a claim, incident or complaint relating to the Partner’s products and/or services, it may forward it for the Partner’s attention. The Partner will be obliged to respond without undue delay and to adopt, where applicable, the appropriate measures.
13.3. The Partner will inform NomadIA, without undue delay, of any relevant incident, serious claim, conflict with users, authority requirement or circumstance that may affect the marketing or provision of its products and/or services, its continuity on the platform or NomadIA’s reputation.
13.4. Likewise, the Partner will cooperate with NomadIA and provide it with the information, documentation and support reasonably necessary to manage incidents related to its products and/or services, attend to user requests or respond to authority requirements when these relate to its presence on the platform.
13.5. The Partner undertakes to participate in the system for management and out-of-court resolution of user claims that, where applicable, NomadIA designates or implements and communicates at each time. This obligation will include adherence, submission or binding to the system, as necessary in accordance with its own rules.
Such system will be mandatory and binding for the Partner in the terms set out in this Agreement and in the regulations and rules that govern it.
For these purposes, the Partner undertakes to adopt all measures necessary to be validly subject to the system. It also undertakes to cooperate in good faith, to provide the information and documentation reasonably required of it and to appear or intervene in the procedure when appropriate.
Likewise, the Partner must include in its own terms and conditions applicable to users acquired or contracting through the platform an express reference to such system. In this reference it must state that its use will be optional for the user and mandatory for the Partner.
14. Liability and indemnity
14.1. NomadIA will act exclusively as a facilitator of visibility and/or technological intermediary, according to the applicable modality, without in any case assuming the status of effective provider of the products and/or services offered by the Partner.
14.2. NomadIA will not be a party to the contracts that, where applicable, may be entered into between the Partner and end users, nor will it assume any obligation arising from the performance, quality, result, suitability or legality of the products and/or services provided or marketed by the Partner, for which the latter will be solely responsible, together with the information, materials, prices, conditions, content, actions and statements linked thereto.
14.3. The Partner will hold NomadIA harmless against any claims, actions, proceedings, sanctions, damages, losses, costs or expenses, including reasonable legal defence costs, arising from:
a) the defective, inadequate provision or marketing or contrary to applicable regulations or to the conditions offered to the user;
b) the inaccuracy, lack of updating, unlawfulness or misleading nature of the information, materials, prices, conditions or content relating to its products and/or services;
c) the infringement of applicable regulations, third-party rights or the obligations assumed in this Agreement; or
d) cancellations, refunds, incidents, conflicts or claims arising from the relationship between the Partner and end users.
14.4. In the event that NomadIA’s liability towards the Partner in connection with this Agreement is declared, such liability will be limited, at most, to the total amounts paid by the Partner to NomadIA in the twelve (12) months immediately preceding the event that gave rise to the claim.
15. Use of trademark, trade name, logo and distinctive signs
15.1. The Partner authorises NomadIA, on a non-exclusive basis and during the term of this Agreement, to use its trade name, denomination, logo and other distinctive signs to the extent necessary to identify it as a Partner and include it on the platform, as well as, where applicable, in commercial, promotional or informational materials related to NomadIA’s activity.
15.2. NomadIA authorises the Partner, during the term of this Agreement and on a non-exclusive and non-sublicensable basis, to use the mention “NomadIA Partner” and, where applicable, the distinctive signs or identifying elements that it expressly authorises, always in accordance with the brand usage manual, corporate identity guidelines and instructions that NomadIA communicates or makes available at each time.
The Partner may not use NomadIA’s distinctive signs or refer to its Partner status in a way that induces or may induce error about the nature of the relationship between the Parties or about the existence of representation, sponsorship, certification, exclusivity or link other than that expressly provided for in this Agreement.
NomadIA may require at any time the cessation, withdrawal or correction of any use of its distinctive signs or of the mention “NomadIA Partner” that does not comply with this Agreement or with the instructions communicated to the Partner, and the latter must attend to such request without undue delay.
Upon termination of this Agreement, the Partner must immediately cease all use of NomadIA’s distinctive signs, of the mention “NomadIA Partner” and of any other element associated with such status, and must remove or suppress, as soon as possible, any reference to NomadIA from its supports, channels or materials.
16. Monitoring of the Agreement
The Parties agree to establish a system of periodic monitoring of the collaboration on a quarterly basis. To this end, NomadIA may send the Partner questionnaires, requests for information or review forms relating, among other matters, to the functioning of the collaboration, the quality of the products and/or services offered, the incidents detected, the adequacy of the information published on the platform, the volume of activity generated and improvement opportunities.
The Partner undertakes to respond to such requests within a reasonable period and to provide truthful, sufficient and up-to-date information, in order to allow NomadIA to evaluate the continuity of the collaboration, the Partner’s adequacy to the platform’s standards and, where applicable, the need to adopt corrective measures or operational adjustments.
In view of the information collected, NomadIA may make recommendations, require updates or propose adjustments to the operation of the collaboration, without prejudice to the other powers corresponding to it under this Agreement.
17. Term
This Agreement will enter into force on the date of its acceptance by the Partner and will have an initial duration of one (1) year.
Upon expiry of the initial period, the Agreement will be automatically extended for successive periods of one (1) year, unless either Party notifies the other of its intention not to renew it with a minimum advance notice of thirty (30) calendar days from the expiry date of the current period.
The foregoing is understood without prejudice to the powers of suspension or early termination provided for in this Agreement.
18. Suspension and termination
18.1. The Parties agree that the suspension of the contractual relationship and the early termination of this Agreement will be governed by the provisions of this clause.
18.2. NomadIA may suspend totally or partially the Partner’s presence on the platform, as well as any of the functionalities associated with its products and/or services, upon prior notice to the Partner, in the following cases:
a) when it receives a notification or claim from a third party relating to a possible infringement of intellectual property, industrial property or any other third-party rights by the Partner’s content, materials, signs, products, services or actions, until the incident is reasonably verified or clarified;
b) when there is a transitory technical impossibility, a relevant operational incident, an impact on the security or integrity of the platform, or any other analogous circumstance that temporarily prevents or makes inadvisable the continuity of the Partner’s presence or of any of its functionalities on the platform;
c) when reasonably necessary to protect users, preserve the proper functioning of the platform or prevent the persistence of a serious incident while it is being analysed or resolved;
d) when the Partner does not, within the period granted, attend to a request for correction or updating of the information required under this Agreement, and this affects or may affect its registration, permanence or correct operation on the platform; or
e) in the event of non-payment of any amounts due and payable to NomadIA under this Agreement.
The suspension will be maintained only for the time necessary to verify, analyse, correct or cease the circumstance that gave rise to it.
18.3. In the event of a serious breach, the complying Party may immediately terminate this Agreement. There will be considered a serious breach when any of the following circumstances occur:
a) the provision of false, inaccurate or essentially incomplete information, as well as the failure to correct or update, following NomadIA’s request, that information whose provision or maintenance is essential under this Agreement;
b) the marketing of unlawful products and/or services or contrary to the regulations applicable to the Partner’s activity;
c) the infringement of third-party rights;
d) the carrying out of actions that cause or may cause serious harm to users, their rights or the platform;
e) the breach of the essential obligations of integration and maintenance of the account or payment solution required for contracting through the platform;
f) the repeated or unjustified failure to attend to claims made by platform users in relation to the Partner’s products and/or services; and
g) the unjustified refusal by the Partner to adhere to, submit to or participate in the system for management and out-of-court resolution of claims designated or implemented by NomadIA pursuant to clause 13, as well as the serious or repeated breach of the essential obligations arising from such system.
Any other breach of this Agreement that does not qualify as serious under the above, including non-payment of amounts owed to NomadIA, must first be notified to the breaching Party for it to remedy within fifteen (15) calendar days from receipt of the communication or from the first reliable delivery attempt not received due to a cause attributable to that Party. After this period without the breach being remedied, the other Party may terminate this Agreement.
Early termination will not entitle the Partner to a refund of the amounts already paid corresponding to already-initiated periods, except by express agreement to the contrary, nor will it release it from payment of the amounts accrued up to the effective date of termination.
19. Applicable law and jurisdiction
19.1. This Agreement will be governed by Spanish law.
19.2. The electronic acceptance of this Agreement by the Partner through the procedure enabled by NomadIA will produce full binding effects between the Parties from the moment such acceptance is registered on the platform.
19.3. For any disputes arising from the interpretation, validity, execution, compliance or termination of this Agreement, the Parties, with express waiver of any other jurisdiction that may correspond to them, submit to the Courts and Tribunals of the city of Madrid.