General Terms and Conditions

1.Object and contractual documentation

1.1 The signing of the Service Agreement implies acceptance of these General Terms and Conditions and constitutes the provision of services (hereinafter, the “Services”) by the LESSOR in accordance with the terms and conditions described in the service modality or, where applicable, in the Specific Conditions of said service, as well as the provisions set forth in these General Terms and Conditions, and in line with the quality standards required by the applicable regulations governing THE MAIL COMPANY as the service provider.

1.2 The LESSOR is a company specialized in the management of internal logistics services, such as consulting services and solutions for digital and document logistics transformation, as well as the provision of franking, mailroom, and courier services.

1.3 The LESSOR declares that it has the necessary technical and human resources, as well as appropriate financial means, with sufficient capacity to properly carry out the services entrusted, since its regular activity aligns with the services subject to this agreement. The LESSOR also declares to be up to date with all tax and labor obligations and to have sufficient risk coverage underwritten with a top-tier insurance company.
Furthermore, it confirms compliance with all obligations established by the current regulations on Private Security, Social Security, and Occupational Health and Safety.

1.4 The contractual documentation related to the contracted Service will consist of the Service Agreement, these General Terms and Conditions, and the Specific Conditions applicable to the contracted Service. In order for the Service Agreement or specific order to be valid, it must be signed by both Parties, thereby accepting the General and Specific Conditions, as well as the Service Offer, if applicable, which will be delivered at the time of signing.

1.5 Additional Orders: All additional orders requested by the LESSEE shall be subject to the current General and Specific Conditions.

2. Service price and review

The price of the Services shall be the amount agreed upon by the parties in each Service Agreement or Commercial Proposal. The applicable rates shall be subject to the taxes in force at any given time.

Regardless of any contractual novation of the price that the contracting parties may agree upon, the rates agreed in this contract and its annexes shall be increased based on the official CPI (Consumer Price Index) published for the period from January to December of the previous year, and shall be applied automatically on January 1st of each year.

The adjustment will be made automatically by applying the new rates resulting from the variation, to the invoices issued following such revision, based on the latest modification, without the need for prior notice to the LESSEE.

Notwithstanding the price update based on the CPI, the contract price may also be increased to reflect any new legislation affecting the costs incurred by THE MAIL COMPANY under this contract, particularly in the event of an increase in the Minimum Wage, when THE MAIL COMPANY has personnel assigned to the services provided to the CLIENT.

In such cases, THE MAIL COMPANY will notify the CLIENT of the price increase, adjusting it to the new prevailing circumstances and indicating the effective date of the new contract price. If the CLIENT does not agree with the revised contract price, THE MAIL COMPANY may terminate the contract within one (1) month from the date of said notification. In the event of termination of the contract for the reasons indicated in this paragraph, neither party may claim any compensation from the other for the early termination of the contract.

3. Suspension due to non-payment and definitive interruption of service

If the LESSEE fails to pay the total or partial amounts due after the agreed-upon period has elapsed, THE MAIL COMPANY may, after prior notice to the LESSEE, temporarily suspend the service. Temporary suspension does not exempt the LESSEE from the obligation to continue paying the corresponding fixed periodic fees.The LESSOR may also suspend or cancel the provision of Services in the following cases:

1. If the LESSEE breaches any of its obligations under these General Terms and Conditions or the applicable Specific Conditions;
2. If prohibited items have been delivered, in which case the LESSEE agrees to accept their return;
3. If the LESSOR deems or has reasonable grounds to believe that the service is being used to carry out illicit, illegal activities, or activities contrary to public order and/or morality, or in violation of these General Terms and Conditions

4. Claims

Complaints, claims, and any contractual incidents must be addressed to THE MAIL COMPANY (the LESSOR) within one month from the moment the event giving rise to them becomes known. These may be submitted via the following channels:

• By phone: +34 902 090 091
• By email: hola@themailcompany.es
• By post: to the mailing address indicated in the header of this document, including the reference: RECLAMACIONES.

5. Amendment of the contract

The General Terms and Conditions may be modified by the LESSOR at any time, with prior notice to the LESSEE at least one month in advance, if affected. If the LESSEE does not agree with the new contractual terms, they may terminate the Agreement by notifying THE MAIL COMPANY (the LESSOR) no later than fifteen days before the effective date of said modifications, without any penalty. Otherwise, it will be understood that the LESSEE accepts the modifications.

6. Confidentiality

The knowledge and other information conveyed in this contract, in the Commercial Offer, and in other attached documents constitute proprietary and confidential information of the LESSOR and/or its corporate group, and its protection is of utmost importance. Excluded from this are those that previously formed part of the public domain. Therefore, the LESSEE and other recipients of said information assume the obligation to treat it as confidential, adopting appropriate measures to ensure that such confidential information is not disclosed, handled, copied, reproduced, or made available to third parties, except with the express consent of THE MAIL COMPANY (the LESSOR), during the term of this contract and thereafter. The party harmed as a result of any breach of confidentiality regarding said information shall have the right to claim the corresponding compensation for damages, without prejudice to any legal actions that may apply.

7. Order of priority

If there are any incompatibilities or contradictions between the different Contracting Conditions of the Service Agreement, the Service Agreement shall prevail over the Specific Conditions, and the Specific Conditions shall prevail over these General Conditions.

8. Obligations of the lessor

To provide the services contracted by the LESSEE, in accordance with the conditions set forth in these terms and the existing service agreements.

To safeguard the goods delivered by the LESSEE until their delivery.

To ensure that no delivery of goods is made without the recipients signing or stamping the delivery notes prepared by the LESSEE.

To provide the service through its own properly trained personnel, with the appropriate professional and technical qualifications and equipped with all necessary and suitable personal and material resources to carry out the contracted courier services, in accordance with the provisions of Annex I of this contract.

The LESSOR shall be responsible for all tax, labor, occupational risk prevention, and social security obligations, as well as for any authorizations required by law that are related to its activity, and must duly comply with them. Under no circumstances may the LESSEE be held liable for these matters.

To assume all rights and obligations inherent to its status as employer regarding the personnel used to provide the contracted services; that is: the organization, direction, control, selection, replacement, insurance, remuneration, discipline, and all other powers and obligations granted by law to an employer in relation to its workers shall correspond to the LESSOR with respect to its team, with the LESSEE remaining completely outside of such relationships, without prejudice to its right to supervise the quality of the services provided.

It shall be the sole responsibility of the LESSOR to comply with the provisions contained in current labor and Social Security laws, regulations, and agreements. To this end, both parties expressly agree that the LESSEE shall be exempt from liability for any labor or Social Security claims that may arise between the LESSOR and its personnel during the provision of the services subject to this contract, as well as from any payment orders or sanctions issued by the Social Security Treasury or the Labor Inspectorate against the LESSEE alone, or jointly with the LESSOR.

The LESSOR declares that it is up to date with its Social Security contributions and its obligations with the Tax Agency.

The LESSOR shall also assume all responsibilities arising from non-compliance with labor and Social Security regulations.

The LESSOR shall assume all responsibilities arising from non-compliance with administrative regulations governing the provision of the contracted service, especially any administrative sanctions that may be imposed on the LESSEE.

To comply with all obligations expressly established regarding occupational risk prevention, in accordance with the guidelines agreed or coordinated with the LESSEE.

To accept and cooperate with the LESSEE to demonstrate compliance with the obligations set forth in this contract, through audits and inspections as referred to in clause ONE of this contract.

9. Obligations of the lessee

9.1. To provide the LESSOR with the necessary information and cooperation to ensure the proper and satisfactory provision of the service, for which the LESSOR shall inform the LESSEE of any deficiencies or omissions in the information provided so they may be corrected.

9.2. To pay the amounts agreed upon with the LESSOR as compensation for the services rendered, under the terms and conditions stipulated in this contract.

9.3. To agree with the LESSOR on safety measures and occupational risk coordination, and to guarantee in writing the risk assessment, as well as the communication of any existing risks.

9.4. In the event that the LESSOR’s personnel providing services at the client’s premises commits a punishable offense, in the client’s opinion, the Client is obligated to provide all available information, documentation, or evidence to support any possible warning or sanction that may be imposed on the employee.

9.5. Likewise, and in relation to the previous point 12.4, any request for a change in the service due to dissatisfaction with its performance or execution must be duly justified and supported by a serious breach in the service’s execution.

10. Subcontracting and assignment

THE MAIL COMPANY shall perform the services itself using its own human and technical resources, but may subcontract and/or assign, in whole or in part, the obligations assumed under this contract.

11. Force majeure

Neither party shall be held liable to the other for failing to perform or for delays in fulfilling the obligations stipulated in this Contract if such failure or delay is caused by a Force Majeure Event.
“Force Majeure Event” refers to: fires, floods, explosions, earthquakes, riots or governmental political hostilities, including the enactment of any law that renders the fulfillment of the agreements in this Contract illegal, or any other event beyond the control of the affected party, provided it is proven that there is no reasonable alternative or other options available to fulfill the agreements set forth in this Contract.

12. Start-Up periods and modifications

The client activation period will be determined, in each case, based on the specific characteristics involved in its setup.
In the event of any modifications to the agreed conditions, these shall be documented as an addendum to the main contract.
In the case of changes to the structure created for the client in the GIO platform, and due to the complexity involved, retroactive adjustments will not be accepted; the modified structure will be activated once all variables have been clearly defined and within the timeframe mutually agreed upon prior to acceptance of the corresponding quotation.

13. Group companies

In the case of multiple companies belonging to the same group, these shall be detailed in the specific service contract.

14. Applicable law and jurisdiction

The contracting parties, expressly waiving any other jurisdiction that may apply to them, submit to the Courts and Tribunals of Madrid for all matters arising from this Contract.

15. Insurance and liability

Throughout the duration of the service and any of its extensions, the contracting parties shall maintain in effect an insurance policy covering civil liability and damages to third parties caused by the company’s personnel in the performance of their duties, with a maximum coverage of €2,000,000 per claim.

The LESSOR shall be liable for and hold the LESSEE harmless from any direct damages the latter may suffer as a result of the execution of any service by the LESSOR, provided such direct damages result from an act or omission directly attributable to the LESSOR, and always within the limit indicated in the previous paragraph.

Unless otherwise provided by law, the LESSOR’s liability arising from the services provided to the LESSEE shall, in all cases, be limited to the amount determined by the LESSOR’s Insurance Company, based on the maximum amounts contracted in its Professional Civil Liability Insurance policy.

In the event of any claim, the LESSOR and LESSEE shall comply with the determination of the relevant Insurance Company regarding procedure, information and documentation requests, and the timeframe for resolution and potential compensation.

Under no circumstances shall the LESSOR be personally or proactively liable for any potential compensation.

If any documentation or information is required to substantiate the claim or its amount, the LESSEE agrees to provide the information and documentation requested by the insurance company for the processing of the corresponding claim.

16. Occupational risk prevention

The LESSOR shall comply with each of the obligations established by the regulations governing this matter.

The LESSOR also undertakes to train and inform the workers assigned to the service about the occupational risks associated with the job position. The LESSOR agrees to have in place a civil liability or life insurance policy covering potential harm that its workers may suffer while performing the services under this contract.

17. Entire agreement

These General Terms and Conditions, including the General Service Contract, the Specific Conditions, and the Service Offer, constitute the entire service agreement between THE MAIL COMPANY (the LESSOR) and the LESSEE, and supersede all prior negotiations, statements, and agreements, whether oral or written.