Condiciones de contratación
Terms & cancellation
These terms govern services provided by Anton Vydrych, trading as BaKyTa-Software (“I”, “me”), to clients (“you”). They apply to contracts agreed remotely — by email, telephone or messaging — which is the normal way work is agreed here. Full identification details are in the legal notice.
1. What is agreed, and when
This website is not a binding offer. A contract comes into existence only when I send you a written estimate describing the work and you accept it in writing. Until then either side can walk away with no cost.
The estimate states what will be built, what is excluded, the estimated number of hours and the rate. Work outside that description is a change: it is quoted separately before it is started, never silently absorbed and billed later.
2. Price, taxes and estimates
Work is billed by the hour in euros at the rate shown on this website or in your estimate, in 30-minute increments, with a record of what the hours went into. Rates are net amounts and do not include IVA (Spanish value added tax), which is added where legally applicable at the rate in force. For clients outside Spain, VAT is handled according to the rules applicable to the client's status and country; where the reverse charge applies, this is stated on the invoice.
An hour estimate is an estimate, not a fixed price. If it becomes clear during the work that the estimate will be exceeded, I stop and tell you before passing it — you decide whether to continue. If you need certainty, ask for a fixed-price quote for a defined scope; a fixed price is binding on me once accepted.
The first conversation and the written estimate are free of charge.
3. Payment
No advance payment is required. Work is invoiced after delivery, or monthly for longer engagements. Payment is by bank transfer to the account stated on the invoice, held with Revolut Bank UAB (Lithuania), within 14 calendar days of the invoice date unless the invoice says otherwise.
For late payment, statutory interest applies under Spanish Law 3/2004 on combating late payment in commercial transactions; for consumers, the statutory default interest under the Civil Code applies instead. If an invoice remains unpaid after a written reminder, I may suspend further work until it is settled.
4. Right of withdrawal — consumers
If you are a consumer — a natural person acting outside your trade, business or profession — you have the right to withdraw from this contract within 14 calendar days without giving any reason, under Article 102 of Spanish Royal Legislative Decree 1/2007. The period begins on the day the contract is concluded.
To withdraw, tell me in an unambiguous statement — an email to it@bakyta-software.com is enough. No particular form is required and no penalty may be imposed for exercising this right. Sending the notice before the period expires is sufficient.
If you ask me to begin before the 14 days have passed. Work usually starts as soon as the estimate is accepted, which is normally what you want. By asking me to begin during the withdrawal period, you expressly request that performance starts immediately, and you acknowledge that once the service has been fully performed you lose the right of withdrawal (Article 103(a) RDL 1/2007). I will ask you to confirm this in writing before starting; if you would rather not, work begins after the 14 days.
If you withdraw while the work is partly done, you pay for the part already performed, in proportion to what was agreed. Any amount you have paid beyond that is refunded without undue delay and in any event within 14 calendar days of my being informed, using the same means of payment you used, at no cost to you.
5. Business clients
If you are contracting as a company, a self-employed professional (autónomo) or otherwise within your trade or profession, the statutory right of withdrawal in section 4 does not apply — it exists only for consumers. Either side may still terminate an ongoing engagement in writing; work performed up to that point is invoiced, and nothing further is charged.
6. Your part
Delivery depends on things only you can provide: access credentials, content, decisions and answers to questions. Where these are late, delivery dates move accordingly. You confirm that any material you give me — content, data, code, licences — may lawfully be used for the purpose of the work.
7. Delivery, acceptance and defects
Work is delivered running, with the source code, the credentials and a short written explanation of how it works. You are not locked in to me: everything needed to hand the project to somebody else is yours.
Please report defects in writing within 14 calendar days of delivery. Anything that does not do what the accepted estimate says it does, I fix at no charge. Changes to what was agreed are new work and are quoted first. Consumers' statutory rights of conformity under RDL 1/2007 apply in addition and are not limited by this section.
8. Liability
I am liable without limitation for damage caused intentionally or by gross negligence, and for personal injury. For slight negligence I am liable only for breach of an obligation essential to the purpose of the contract, and then limited to foreseeable damage typical of this kind of contract; as a guide, the fees paid for the piece of work concerned. Nothing in these terms excludes liability that cannot lawfully be excluded, and consumers' statutory rights are unaffected.
I am not liable for failures in third-party services, hosting or infrastructure I do not operate, nor for loss of data where no working backup existed on your side.
9. Intellectual property
On full payment, the rights to the code and materials written specifically for you pass to you, to the extent they can be transferred. Third-party components keep their own licences, which I identify on delivery. I retain the right to reuse general knowledge, techniques and non-client-specific building blocks; that is how any developer works. I may name you as a client and describe the work in general terms unless you ask me in writing not to.
10. Confidentiality and data
Anything non-public you share stays confidential, indefinitely. Where I process personal data on your behalf, we conclude a data processing agreement under Article 28 GDPR before that processing starts. How this website handles data is described in the privacy policy.
11. Governing law and jurisdiction
Spanish law applies. For business clients, the courts of Alicante, Spain, have exclusive jurisdiction. For consumers this does not apply: you may bring proceedings before the courts of your own place of residence, and you keep the protection of any mandatory rules of the country where you live.
I am not obliged, and do not undertake, to participate in dispute resolution proceedings before a consumer arbitration board. Consumers resident in Spain may address complaints to the consumer protection authorities of their autonomous community or to the municipal consumer information office (OMIC) of their place of residence.
12. Changes to these terms
The version of these terms in force when your estimate is accepted is the version that applies to that contract. Changes published later do not affect work already agreed.
Last updated: 31 August 2026.
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