TÉRMINOS Y CONDICIONES GENERALES DE CONTRATACIÓN
GENERAL TERMS AND CONDITIONS OF SERVICE
HOLA GESTORÍA
PART I — PRELIMINARY PROVISIONS
1. Definitions and Interpretation
1.1 Definitions
In these Terms and Conditions, unless the context otherwise requires, the following expressions shall have the following meanings:
"Applicable Law" means all laws, statutes, regulations, ordinances, codes, directives, decisions, orders, judgments, decrees, and other legislative measures or judicial or administrative interpretations having the force of law in Spain and/or the European Union, including but not limited to: the Código Civil (Civil Code); the Ley 34/2002, de 11 de julio, de Servicios de la Sociedad de la Información y de Comercio Electrónico (LSSI-CE); the Real Decreto Legislativo 1/2007, de 16 de noviembre, por el que se aprueba el texto refundido de la Ley General para la Defensa de los Consumidores y Usuarios (TRLGDCU); the Reglamento (UE) 2016/679 (General Data Protection Regulation / GDPR); the Ley Orgánica 3/2018, de 5 de diciembre, de Protección de Datos Personales y garantía de los derechos digitales (LOPDGDD); and any amendments, re-enactments, or successor legislation thereto.
"Assigned Gestor" means a Gestor who was allocated to a Client by Hola Gestoría prior to 01/01/2026 under the Former Service Model described in Clause 4.5 (Transitional Provisions).
"Client", "you", or "your" means any natural person (persona física) or legal entity (persona jurídica) who accesses, contacts, engages with, subscribes to, pays for, or otherwise uses any Services offered under the Hola Gestoría brand, including any person acting on behalf of a Client.
"Client Materials" means all documents, data, information, files, records, correspondence, authorisations, powers of attorney, and any other materials provided by the Client to Hola Gestoría or to any Gestor through the Platform, whether in physical or electronic form.
"Client-Selected Gestor" means a Gestor chosen by the Client from the pool of Gestors available on the Platform, at the Client's sole discretion and without recommendation, assignment, or direction by Hola Gestoría.
"Commission" means the percentage-based fee retained by Hola Gestoría from payments made by the Client through the Platform, as consideration for the provision of the Platform, marketplace facilitation, and payment processing Services, the rate of which is disclosed to the Gestor in the Gestor Agreement and may be reflected in the pricing displayed to the Client on the Platform.
"Consumer" means a Client who is a natural person acting for purposes which are outside their trade, business, craft, or profession, as defined under Article 3 of the TRLGDCU.
"Contract" means the legally binding agreement formed between Hola Gestoría and the Client, comprising these Terms and Conditions, any Service-specific terms, and any written modifications agreed by the parties.
"Data Protection Legislation" means the GDPR, the LOPDGDD, and any other applicable data protection laws, regulations, and guidance issued by the Agencia Española de Protección de Datos (AEPD) or any successor authority.
"Fees" means all charges, prices, subscription payments, and other amounts payable by the Client through the Platform, which may include: platform access and subscription fees payable to Hola Gestoría; and professional service fees payable to the Gestor (collected by Hola Gestoría on the Gestor's behalf, subject to the Commission).
"Former Service Model" means the service model operated by Hola Gestoría prior to 01/01/2026 under which Gestors were assigned to Clients by Hola Gestoría rather than selected by the Client.
"Gestor" means any independent third-party professional, whether operating as an autónomo (self-employed individual), a sociedad civil (civil partnership), a sociedad limitada (limited company), or any other legal form, who has entered into a separate agreement with Hola Gestoría to register on the Platform and offer professional services to Clients through the Platform.
"Gestor Agreement" means the separate contractual agreement between Hola Gestoría and each Gestor governing the Gestor's use of the Platform, obligations, Commission arrangements, and related matters, to which the Client is not a party.
"Gestoría" means a gestoría administrativa, being an administrative services provider authorised to carry out the activities specified in the Decreto de 1 de marzo de 1963 por el que se reglamenta el ejercicio de la profesión de Gestor Administrativo and subsequent amendments.
"Hola Gestoría", "Hola", "we", "us", or "our" means, collectively and individually, any natural person (autónomo), sociedad civil (SC), sociedad limitada (SL), or any other present or future legal entity operating under the commercial name Hola Gestoría, including any successor, assignee, or transferee thereof.
"Intellectual Property Rights" means all patents, rights to inventions, utility models, copyright and neighbouring rights, trade marks, service marks, trade names, domain names, rights in get-up, rights in goodwill, rights to sue for passing off, rights in designs, rights in computer software, database rights, rights to use confidential information, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted renewals or extensions of such rights.
"Platform" means the website(s), mobile application(s), software, and any other digital infrastructure operated by Hola Gestoría through which Services are offered, including but not limited to holagestoria.es, holafinance.app, and any subdomains, successor domains, or related applications.
"Professional Services" means the administrative, tax, accounting, bookkeeping, compliance, and other professional services provided by a Gestor directly to a Client. For the avoidance of doubt, Professional Services are provided by the Gestor and NOT by Hola Gestoría.
"Services" means the marketplace facilitation and platform services offered by Hola Gestoría, including but not limited to: the provision and maintenance of the Platform; enabling Clients to browse, compare, and select Gestors; facilitating communication between Clients and Gestors; processing payments between Clients and Gestors; providing tools for document management and case tracking; and any other marketplace or platform services described on the Platform or agreed in writing. For the avoidance of doubt, "Services" does NOT include the Professional Services provided by Gestors.
"Subscription" means a recurring arrangement under which the Client pays periodic Fees (monthly, quarterly, or annually) for ongoing access to the Platform and marketplace facilitation Services.
"Third Party" means any person or entity other than Hola Gestoría or the Client, including but not limited to: Gestors; government authorities; public administrations; financial institutions; payment processors; and software providers.
1.2 Interpretation
In these Terms and Conditions, unless the context otherwise requires:
- (a) words in the singular include the plural and vice versa;
- (b) a reference to a statute or statutory provision includes any subordinate legislation made under it and any modification, amendment, extension, consolidation, replacement, or re-enactment thereof;
- (c) a reference to writing or written includes email and other electronic communications;
- (d) any phrase introduced by the terms "including", "include", "in particular", or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms;
- (e) headings are for convenience only and shall not affect the interpretation of these Terms and Conditions;
- (f) references to "clauses" are to clauses of these Terms and Conditions;
- (g) a reference to any Spanish or EU legislation shall, in relation to any jurisdiction other than Spain, be deemed to include a reference to any equivalent legislation in that jurisdiction.
2. Identity and Contact Information
2.1 Legal Disclosure (Artículo 10 LSSI-CE)
In compliance with Article 10 of Ley 34/2002, de 11 de julio, de Servicios de la Sociedad de la Información y de Comercio Electrónico (LSSI-CE), the following information is provided:
Trading Name: Hola Gestoría
Operating Entity: HOLA MONEY, S.L
Legal Form: Sociedad Limitada
Founding Partners:
- Harrison Gary Spink, NIF: Y8624202K
- Andrew John Shaw, NIF: Y8626722B
Tax Identification Number (NIF/CIF): Pending assignment
Registered Address: Calle Granada 7, Velez-Rubio, Almeria, Spain
Contact Email: hello@holagestoria.es
Contact Telephone: +34 950 794 808
Website: https://holagestoria.es
Registration: Registered in the Mercantile Registry of Almeria, Spain
Transitional Provision (Company in Formation)
Until the definitive registration of the company and the assignment of its Tax Identification Number (CIF), the Services are provided by the founding partner, Andrew John Shaw, acting under the commercial name "Hola Gestoría".
2.2 Multi-Entity Structure
The Client expressly acknowledges and agrees that:
- (h) Hola Gestoría is a commercial trading name and service brand that does not necessarily correspond to a single legal entity;
- (i) Services offered under the Hola Gestoría brand may be provided, in whole or in part, by one or more legal entities or natural persons under common ownership, management, or control;
- (j) different aspects of the Services, including marketplace facilitation, billing, payment processing, customer support, and data processing, may be performed by different entities within the Hola Gestoría organisational structure;
- (k) the Client has no expectation that Services will be provided by any specific legal entity or individual, and that the identity of the providing entity is not a material term of the Contract;
- (l) all references to Hola Gestoría in these Terms shall be construed as references to whichever entity or entities within the organisational structure is responsible for the relevant obligation or entitlement.
3. Acceptance of Terms
3.1 Formation of Contract
By engaging with our team, requesting information, accessing the Platform, creating an account, subscribing to any plan, submitting documents, making any payment, or otherwise using our Services in any manner whatsoever, you expressly acknowledge that you have:
- (m) read these Terms and Conditions in their entirety;
- (n) understood the nature, scope, and limitations of the Services, including that Hola Gestoría is a marketplace platform and does not provide Professional Services or advice;
- (o) agreed to be legally bound by these Terms and Conditions;
- (p) capacity and authority to enter into this Contract;
- (q) if acting on behalf of a legal entity, authority to bind that entity to these Terms and Conditions.
3.2 Electronic Contracting
In accordance with Articles 23 to 29 of the LSSI-CE, the Client acknowledges that:
- (r) this Contract is formed electronically and constitutes a valid and binding agreement under Spanish law;
- (s) the electronic acceptance of these Terms has the same legal validity as a handwritten signature;
- (t) Hola Gestoría will provide confirmation of receipt of the Client's acceptance by email or through the Platform;
- (u) these Terms and Conditions are available in a format that permits storage and reproduction;
- (v) the languages available for the conclusion of this Contract are Spanish and English.
3.3 Refusal
If you do not agree to these Terms and Conditions in their entirety, you must not engage with Hola Gestoría or use any of its Services. Continued use of the Services following any modification to these Terms constitutes acceptance of such modifications.
3.4 Obligation to Review Terms
The Client acknowledges and accepts that it is the Client's sole responsibility to review these Terms and Conditions on a regular basis. Hola Gestoría recommends that the Client review these Terms each time the Client accesses the Platform. The most current version of these Terms is always available at https://holagestoria.es/terms. The Client's continued use of the Platform or Services following any amendment constitutes the Client's acceptance of the amended Terms in full, regardless of whether the Client has reviewed them.
PART II — SERVICES
4. Nature of Services
4.1 Marketplace Platform
Hola Gestoría operates exclusively as a technology-enabled marketplace platform. The Platform enables Clients to browse, compare, and independently select Gestors who provide Professional Services. Hola Gestoría's Services are strictly limited to:
- (w) providing and maintaining the Platform through which Clients can access a pool of independent Gestors;
- (x) enabling Clients to view Gestor profiles, qualifications, ratings, and availability;
- (y) facilitating communication between Clients and their chosen Gestor through the Platform;
- (z) collecting payments from Clients on behalf of Gestors and remitting funds to Gestors (less the Commission) in accordance with Clause 8;
- (aa) providing tools for document upload, sharing, and case tracking;
- (bb) providing general customer support in relation to Platform functionality (but NOT in relation to Professional Services).
4.2 Client Selection of Gestor
The Client expressly acknowledges and agrees that:
- (cc) the Client is solely responsible for selecting a Gestor from the pool of Gestors available on the Platform;
- (dd) Hola Gestoría does NOT recommend, endorse, assign, allocate, or direct any Client to any particular Gestor;
- (ee) the presentation order, ranking, filtering, display, and positioning of Gestors on the Platform is for informational convenience only and does NOT constitute a recommendation, endorsement, or preference;
- (ff) the decision to engage a particular Gestor is made entirely at the Client's own discretion and risk;
- (gg) Hola Gestoría has no involvement in, and accepts no responsibility for, the Client's choice of Gestor;
- (hh) the Client may change their Gestor at any time by selecting a different Gestor from the Platform, subject to the terms of any ongoing engagement with the current Gestor;
- (ii) when changing Gestor, the Client is responsible for coordinating any handover of work in progress with both the outgoing and incoming Gestor; Hola Gestoría may facilitate the transfer of Client Materials stored on the Platform to the new Gestor but accepts no responsibility for the continuity, accuracy, or completeness of any work in progress.
4.3 Scope of Hola Gestoría's Role
IMPORTANT: The Client expressly acknowledges and agrees that:
- (jj) Hola Gestoría is a marketplace facilitator and technology platform ONLY;
- (kk) Hola Gestoría does NOT provide, directly or indirectly, any administrative services (gestoría administrativa), tax services, accounting services, bookkeeping services, legal services, financial services, advisory services, or any other Professional Services to Clients;
- (ll) all Professional Services — including but not limited to preparation and submission of documents to public administrations, tax registration and compliance, social security registration, preparation of tax declarations, bookkeeping, and obtaining certificates — are provided exclusively by the Client-Selected Gestor or Assigned Gestor (as applicable), and NOT by Hola Gestoría;
- (mm) the contractual relationship for the provision of Professional Services exists directly and exclusively between the Client and the Gestor, and Hola Gestoría is NOT a party to that relationship;
- (nn) Hola Gestoría does NOT supervise, direct, control, review, approve, verify, or assume responsibility for any work performed by any Gestor;
- (oo) Hola Gestoría is NOT responsible for the accuracy, completeness, timeliness, legality, or quality of any Professional Services provided by any Gestor;
- (pp) Hola Gestoría is NOT responsible for any fines, penalties, surcharges, recargos, sanctions, enforcement actions, adverse decisions, or any other consequences imposed by any government authority, public administration, or Third Party as a result of any act, omission, error, delay, or negligence of any Gestor.
4.4 No Advice
IMPORTANT: The Client expressly acknowledges and agrees that:
- (qq) Hola Gestoría does NOT provide any advice of any kind whatsoever, including but not limited to tax advice, legal advice, financial advice, accounting advice, immigration advice, business advice, regulatory advice, or strategic advice;
- (rr) no communication from Hola Gestoría — whether from sales staff, support staff, onboarding staff, or any other personnel, and whether delivered orally, in writing, by email, by WhatsApp, by telephone, by video call, through the Platform, through chatbot or AI-generated responses, or by any other means — shall be construed as advice;
- (ss) any and all advice received by the Client through the Platform is provided by the Gestor in the context of the direct Client-Gestor relationship, and NOT by Hola Gestoría;
- (tt) Hola Gestoría accepts no liability whatsoever for any advice, opinions, recommendations, estimates, projections, or guidance provided by any Gestor to any Client, whether such advice is accurate, inaccurate, incomplete, misleading, negligent, or otherwise defective;
- (uu) the Client shall NOT rely on any statement made by Hola Gestoría as a substitute for independent professional advice from a duly licensed professional;
- (vv) for matters involving special complexity, high economic value, or significant legal, tax, or financial impact, the Client is expressly advised to seek independent professional advice from a duly licensed professional (such as an abogado, asesor fiscal colegiado, or auditor).
4.5 Transitional Provisions (Assigned Gestors)
Prior to 01/01/2026, Hola Gestoría operated under the Former Service Model, in which Gestors were assigned to Clients by Hola Gestoría. The following provisions apply to Clients who were assigned a Gestor under the Former Service Model:
- (ww) any Gestor assigned to the Client under the Former Service Model ("Assigned Gestor") was and remains an independent third party, and the assignment by Hola Gestoría did NOT create any employment, agency, partnership, joint venture, or fiduciary relationship between Hola Gestoría and the Assigned Gestor;
- (xx) the assignment of a Gestor under the Former Service Model did NOT constitute a recommendation, endorsement, warranty, or guarantee by Hola Gestoría of that Gestor's qualifications, competence, reliability, suitability, or quality of work;
- (yy) all Professional Services performed by an Assigned Gestor were and remain the sole responsibility of that Assigned Gestor, and Hola Gestoría's role was limited to commercial selection and administrative coordination;
- (zz) Hola Gestoría's liability in respect of assignments made under the Former Service Model is limited to the duty to have exercised reasonable commercial care in the initial selection of the Assigned Gestor at the time of assignment, based on information reasonably available to Hola Gestoría at that time, and does NOT extend to any ongoing supervision or quality assurance of the Assigned Gestor's work;
- (aaa) Hola Gestoría accepts no liability for any acts, omissions, negligence, errors, advice, filings, submissions, or conduct of any Assigned Gestor, including but not limited to any fines, penalties, surcharges, recargos, sanctions, or adverse decisions imposed by government authorities or Third Parties as a result thereof;
- (bbb) Clients who were assigned a Gestor under the Former Service Model are encouraged to review the pool of Gestors available on the Platform and may, at any time and without penalty, select a different Gestor in accordance with Clause 4.2;
- (ccc) once a Client selects a new Gestor through the Platform, the provisions of Clause 4.2 (Client Selection of Gestor) shall apply in full, and all references to "Assigned Gestor" shall cease to apply to that Client's future engagements;
- (ddd) for ongoing Subscriptions that commenced under the Former Service Model, these Terms supersede any prior terms, and the Client's continued use of the Platform constitutes acceptance of the current marketplace model.
5. Independent Gestors
5.1 Status of Gestors
The Client expressly acknowledges and agrees that:
- (eee) Gestors are independent third-party professionals who use the Hola Gestoría Platform to offer and deliver their Professional Services to Clients;
- (fff) Gestors are NOT employees, agents, partners, joint venturers, franchisees, subcontractors, delegates, or representatives of Hola Gestoría;
- (ggg) the relationship between each Gestor and Hola Gestoría is governed by a separate Gestor Agreement under which the Gestor is granted access to the Platform in exchange for compliance with platform standards and payment of the Commission;
- (hhh) Gestors operate their own independent businesses and are solely responsible for their own tax, social security, professional insurance, regulatory compliance, and professional conduct;
- (iii) Hola Gestoría does NOT supervise, direct, control, review, approve, or assume responsibility for the advice, submissions, filings, representations, professional conduct, working methods, or outcomes of any Gestor;
- (jjj) Hola Gestoría does NOT warrant or guarantee the qualifications, competence, credentials, professional registrations, reliability, availability, suitability, accuracy, or quality of any Gestor or any work performed by any Gestor;
- (kkk) all advice, submissions, omissions, errors, delays, negligence, and outcomes attributable to a Gestor are the sole responsibility of that Gestor;
- (lll) all fines, penalties, surcharges, recargos, sanctions, and adverse decisions imposed by any government authority or Third Party as a result of the acts or omissions of a Gestor are the sole responsibility of that Gestor, and the Client's recourse is against the Gestor directly.
5.2 Direct Client-Gestor Relationship
The Client expressly acknowledges and agrees that:
- (mmm) a direct contractual relationship is formed between the Client and the Client-Selected Gestor (or Assigned Gestor, as applicable) for the provision of Professional Services;
- (nnn) that contractual relationship is between the Client and the Gestor ONLY, and Hola Gestoría is NOT a party to it;
- (ooo) the Gestor may have their own terms and conditions, professional obligations, and liability regime, and the Client should satisfy themselves as to these before engaging the Gestor;
- (ppp) Hola Gestoría's role is strictly limited to marketplace facilitation, payment processing, and the provision of Platform tools;
- (qqq) any disputes regarding the quality, accuracy, timeliness, content, or outcome of Professional Services must be directed to the Gestor in the first instance;
- (rrr) Hola Gestoría may, at its sole discretion and without obligation, assist in facilitating communication between the Client and the Gestor in the event of a dispute, but such facilitation does NOT constitute acceptance of responsibility, mediation, arbitration, or any assumption of liability.
5.3 Gestor Registration on the Platform
Gestors register on the Platform and agree to the Gestor Agreement as a condition of access. The Client acknowledges that:
- (sss) Hola Gestoría may conduct basic registration checks on Gestors as part of the onboarding process, which may include verification of identity and confirmation of business registration;
- (ttt) such checks are limited, commercial, and administrative in nature and do NOT constitute certification, endorsement, guarantee, due diligence, or assumption of responsibility for the Gestor's competence, qualifications, or quality of work;
- (uuu) ongoing monitoring of Gestor performance is limited to Platform-based metrics (such as user ratings and response times) and does NOT extend to review, supervision, or verification of the Professional Services provided;
- (vvv) the Client is solely responsible for satisfying themselves as to the suitability of any Gestor before engaging them.
6. Information and Guidance
6.1 General Information Only
Any information, explanations, guidance, summaries, opinions, recommendations, examples, estimates, timelines, or statements provided by Hola Gestoría, whether orally or in writing, including but not limited to:
- (www) communications from sales staff, onboarding staff, support staff, or any other Hola Gestoría personnel;
- (xxx) WhatsApp messages, emails, telephone calls, video calls, or chat messages;
- (yyy) website content, FAQs, guides, templates, or help articles;
- (zzz) marketing materials, social media posts, or advertisements;
- (aaaa) automated responses, chatbot interactions, or AI-generated content;
are provided solely for general informational purposes in relation to the Platform and its functionality, and do NOT constitute Professional Services, advice, or any form of professional opinion.
6.2 No Reliance
The Client expressly acknowledges and agrees that:
- (bbbb) such information is non-binding, non-exhaustive, subject to change, and may be inaccurate, incomplete, or outdated;
- (cccc) the Client does NOT rely, and shall NOT rely, on any such information as professional advice or as a substitute for the Professional Services of a qualified Gestor or other licensed professional;
- (dddd) any reliance on such information is entirely at the Client's own risk;
- (eeee) the Client is responsible for obtaining independent professional advice from qualified professionals (abogados, asesores fiscales colegiados, etc.) before making decisions with legal, tax, financial, or other significant consequences;
- (ffff) Hola Gestoría accepts no liability for any loss or damage arising from reliance on general information provided by Hola Gestoría or through the Platform.
6.3 Pre-Contractual Communications
Hola Gestoría operates a commercial sales function. All interactions with sales personnel, including demonstrations, presentations, and consultations, are commercial and illustrative only. The Client expressly acknowledges and agrees that:
- (gggg) any statements made during sales conversations, including references to potential services, typical workflows, indicative timelines, prior examples, or anticipated outcomes, do NOT constitute contractual commitments, guarantees, warranties, or representations;
- (hhhh) only these Terms and Conditions and any expressly agreed written modifications constitute the binding terms of the Contract;
- (iiii) the Client waives any right to claim reliance on pre-contractual statements not expressly incorporated into these Terms.
6.4 Gestor Advice Disclaimer
The Client expressly acknowledges and agrees that any advice, information, guidance, opinions, or recommendations provided by a Gestor — whether through the Platform or by any other means — is provided by that Gestor in the context of the direct Client-Gestor relationship. Hola Gestoría:
- (jjjj) has no visibility into, control over, or responsibility for the content of any advice or guidance provided by any Gestor;
- (kkkk) does not review, verify, approve, endorse, or quality-control any advice provided by any Gestor;
- (llll) accepts no liability whatsoever for any loss, damage, fines, penalties, or adverse consequences arising from any advice provided by any Gestor, regardless of whether such advice was communicated through the Platform.
PART III — FEES AND PAYMENT
7. Pricing and Fees
7.1 Fee Structure
Payments made by the Client through the Platform may comprise:
- (mmmm) platform access and subscription fees payable to Hola Gestoría for the use of the Platform and marketplace facilitation Services;
- (nnnn) professional service fees payable to the Gestor for Professional Services, which are collected by Hola Gestoría on the Gestor's behalf and remitted to the Gestor less the Commission;
- (oooo) one-time fees for specific Professional Services, collected and remitted in the same manner.
7.2 Commission
The Client acknowledges and agrees that:
- (pppp) Hola Gestoría retains a percentage-based Commission from payments made by the Client for Professional Services, as consideration for the provision of the Platform, marketplace facilitation, and payment processing;
- (qqqq) the Commission is agreed between Hola Gestoría and the Gestor under the Gestor Agreement, and may be reflected in the pricing displayed to the Client on the Platform;
- (rrrr) the Commission rate may vary between Gestors and services;
- (ssss) Hola Gestoría reserves the right to modify the Commission structure at any time; any such modification affecting Client-facing pricing will be communicated through the Platform.
7.3 Price Display
In accordance with Article 60 of the TRLGDCU, all prices displayed on the Platform:
- (tttt) include all applicable taxes (IVA) unless expressly stated otherwise;
- (uuuu) are quoted in Euros (€);
- (vvvv) are subject to change without prior notice, except that changes will not affect Services already contracted at the previous price.
7.4 Quotations and Estimates
Any quotations, estimates, or indicative prices provided through the Platform:
- (wwww) are valid for thirty (30) days unless otherwise stated;
- (xxxx) are based on the information provided by the Client and may be revised if that information is found to be incomplete or inaccurate;
- (yyyy) do not include fees that may be charged by Third Parties, including government authorities, unless expressly stated;
- (zzzz) do not constitute binding offers capable of acceptance.
8. Payment Processing
8.1 Hola Gestoría as Payment Processor
The Client expressly acknowledges and agrees that:
- (aaaaa) Hola Gestoría acts as a payment processor and collection agent on behalf of Gestors for the purpose of collecting professional service fees from Clients;
- (bbbbb) when the Client makes a payment through the Platform for Professional Services, Hola Gestoría receives such payment on the Gestor's behalf, deducts the Commission, and remits the remainder to the Gestor in accordance with the Gestor Agreement;
- (ccccc) the Client's payment obligation for Professional Services is to the Gestor, and Hola Gestoría facilitates the collection of such payment as an intermediary;
- (ddddd) receipt of payment by Hola Gestoría on behalf of the Gestor shall be deemed to satisfy the Client's payment obligation to the Gestor to the extent of the amount received;
- (eeeee) Hola Gestoría is NOT responsible for the Gestor's tax obligations, invoicing obligations, or accounting treatment of payments received;
- (fffff) the Gestor is responsible for issuing invoices to the Client for Professional Services where required by Applicable Law.
8.2 Payment Methods
Payment may be made by:
- (ggggg) credit or debit card (Visa, Mastercard, American Express);
- (hhhhh) SEPA Direct Debit from a Spanish or European bank account;
- (iiiii) bank transfer to the account specified by Hola Gestoría;
- (jjjjj) any other payment method made available through the Platform.
8.3 Subscription Payments
For Subscription services:
- (kkkkk) Fees are payable in advance on a monthly, quarterly, or annual basis as agreed;
- (lllll) the Client authorises Hola Gestoría to charge the agreed Fee automatically on each billing date;
- (mmmmm) Subscriptions renew automatically unless cancelled in accordance with Clause 12;
- (nnnnn) no pro-rata refunds are given for partial billing periods, except where required by mandatory consumer protection law.
8.4 Late Payment
If the Client fails to make any payment when due:
- (ooooo) Hola Gestoría may charge interest on the overdue amount at the rate of 8% per annum above the base rate of the Banco de España, calculated daily from the due date until payment;
- (ppppp) Hola Gestoría may suspend or restrict access to the Platform until payment is received;
- (qqqqq) Hola Gestoría may engage debt collection agencies or take legal action to recover the debt, and the Client shall be liable for all reasonable costs of collection;
- (rrrrr) all other amounts payable by the Client may become immediately due and payable.
8.5 Fees Payable for Service Access, Not Outcomes
IMPORTANT: The Client expressly acknowledges and agrees that:
- (sssss) platform and subscription Fees are payable for access to the Platform and marketplace facilitation Services;
- (ttttt) professional service Fees collected on behalf of Gestors are payable for the Gestor's professional time and services;
- (uuuuu) no Fees are payable for outcomes, approvals, or success;
- (vvvvv) no refund is due in the event of rejections, refusals, delays, penalties, or adverse decisions by government authorities or Third Parties;
- (wwwww) Hola Gestoría has no control over the decisions, processing times, or requirements of government authorities;
- (xxxxx) any estimates of success rates or timelines are illustrative only and do not constitute guarantees.
9. Refunds
9.1 Platform Fees
Except where required by mandatory consumer protection law, no refunds of platform or subscription Fees are due:
- (yyyyy) for Subscription periods that have already begun;
- (zzzzz) for the Client's change of mind, change of circumstances, or decision not to proceed;
- (aaaaaa) for dissatisfaction with the Professional Services provided by a Gestor (which is a matter between the Client and the Gestor).
9.2 Professional Service Fees
Professional service Fees collected on behalf of Gestors:
- (bbbbbb) are subject to the refund policies of the Gestor, as agreed between the Client and the Gestor;
- (cccccc) Hola Gestoría may, at its sole discretion, facilitate the processing of a refund where instructed by the Gestor, but has no independent obligation to refund professional service fees;
- (dddddd) no refund is due for rejections, refusals, or adverse decisions by government authorities, as these are outcomes of the Gestor's Professional Services and are outside Hola Gestoría's control and responsibility.
9.3 Consumer Right of Withdrawal
In accordance with Articles 102 to 108 of the TRLGDCU, Consumers have the right to withdraw from distance contracts within fourteen (14) calendar days without giving any reason. However, the Client acknowledges that:
- (eeeeee) pursuant to Article 103(a) of the TRLGDCU, the right of withdrawal does NOT apply to contracts for the supply of services if the service has been fully performed and performance began with the Consumer's prior express consent and acknowledgment that the right of withdrawal would be lost upon full performance;
- (ffffff) by requesting that Platform access commence immediately, the Consumer expressly consents to the commencement of performance and acknowledges that the right of withdrawal will be lost if the service is fully performed within the withdrawal period;
- (gggggg) if the Consumer withdraws before full performance, the Consumer shall pay an amount proportional to the Services provided up to the time of withdrawal;
- (hhhhhh) the right of withdrawal applies to Hola Gestoría's Platform and marketplace facilitation Services only; any right of withdrawal in respect of Professional Services provided by a Gestor must be exercised against the Gestor directly.
9.4 Withdrawal Procedure
To exercise the right of withdrawal, the Consumer must:
- (iiiiii) inform Hola Gestoría of the decision to withdraw by a clear statement (e.g., email to hello@holagestoria.es);
- (jjjjjj) identify the Client, the date of the Contract, and the Services to which the withdrawal relates;
- (kkkkkk) submit the withdrawal within fourteen (14) calendar days of the Contract date.
A model withdrawal form is available on the Platform and may be used, but is not obligatory.
PART IV — CLIENT OBLIGATIONS
10. Client Responsibilities
10.1 Accuracy of Information
The Client warrants and represents that:
- (llllll) all Client Materials and information provided to Hola Gestoría or to any Gestor through the Platform are accurate, complete, current, and not misleading;
- (mmmmmm) the Client has the legal right to provide all Client Materials;
- (nnnnnn) the Client Materials do not infringe the Intellectual Property Rights or other rights of any Third Party;
- (oooooo) the Client will promptly notify the Gestor and, where relevant, Hola Gestoría of any changes to previously provided information;
- (pppppp) the Client will provide all requested documents and information within the timeframes specified by the Gestor.
10.2 Compliance
The Client remains solely responsible at all times for:
- (qqqqqq) legal, tax, immigration, social security, and regulatory compliance in Spain and any other applicable jurisdiction;
- (rrrrrr) understanding and complying with all filing deadlines, regardless of any reminders provided by Hola Gestoría or any Gestor;
- (ssssss) reviewing all documents prepared by the Gestor before submission;
- (tttttt) making informed decisions about their affairs based on independent professional advice where appropriate;
- (uuuuuu) maintaining backups of all Client Materials;
- (vvvvvv) selecting a suitably qualified Gestor through the Platform for their specific needs.
10.3 Cooperation
The Client agrees to:
- (wwwwww) cooperate fully with the Gestor in the provision of Professional Services;
- (xxxxxx) respond promptly to requests for information or documents;
- (yyyyyy) attend scheduled calls or meetings with the Gestor;
- (zzzzzz) provide access to any systems, accounts, or platforms required for the Professional Services;
- (aaaaaaa) obtain any necessary authorisations, powers of attorney, or consents.
Complaints and quality control
The Client may submit complaints or incidents relating to the Platform through the Platform or by email to hello@holagestoria.es. Complaints relating to Professional Services should be directed to the Gestor in the first instance. Hola Gestoría may, at its sole discretion, facilitate communication between the Client and the Gestor, but does NOT assume responsibility for the resolution of disputes relating to Professional Services.
10.4 Consequences of Non-Compliance
Neither Hola Gestoría nor any Gestor is responsible for penalties, fines, refusals, enforcement actions, loss of status, missed deadlines, or any other adverse consequences arising from:
- (bbbbbbb) inaccurate, incomplete, late, or misleading information provided by the Client;
- (ccccccc) the Client's failure to respond to requests within specified timeframes;
- (ddddddd) the Client's failure to review and approve documents before submission;
- (eeeeeee) the Client's own non-compliance with Applicable Law;
- (fffffff) circumstances beyond the control of Hola Gestoría or the Gestor.
11. Prohibited Conduct
11.1 General Prohibitions
The Client shall NOT:
- (ggggggg) use the Platform or Services for any unlawful purpose or in violation of Applicable Law;
- (hhhhhhh) provide false, misleading, or fraudulent information;
- (iiiiiii) impersonate any person or entity;
- (jjjjjjj) attempt to circumvent security measures or access unauthorised areas of the Platform;
- (kkkkkkk) interfere with the proper functioning of the Platform;
- (lllllll) use automated systems (bots, scrapers, etc.) to access the Platform without authorisation;
- (mmmmmmm) harass, abuse, or threaten Hola Gestoría staff, Gestors, or other users;
- (nnnnnnn) engage in any activity that could damage the reputation of Hola Gestoría;
- (ooooooo) attempt to contact or engage a Gestor outside of the Platform for the purpose of circumventing the Commission or payment processing arrangements.
11.2 Anti-Money Laundering
In compliance with Ley 10/2010, de 28 de abril, de prevención del blanqueo de capitales y de la financiación del terrorismo (AML Law), the Client:
- (ppppppp) acknowledges that Gestors may be obliged subjects under the AML Law;
- (qqqqqqq) agrees to provide any identification documents or information required for customer due diligence (KYC);
- (rrrrrrr) warrants that all funds used to pay for Services are from legitimate sources;
- (sssssss) acknowledges that Gestors may be required to report suspicious activity to the Servicio Ejecutivo de la Comisión de Prevención del Blanqueo de Capitales e Infracciones Monetarias (SEPBLAC).
PART V — TERMINATION AND SUSPENSION
12. Termination by Client
12.1 Subscription Cancellation
The Client may cancel a Subscription at any time by:
- (ttttttt) using the cancellation function within the Platform;
- (uuuuuuu) sending written notice to cancelaciones@holagestoria.es;
- (vvvvvvv) cancellation takes effect at the end of the current billing period;
- (wwwwwww) no refund is given for the unused portion of the current billing period, except where required by mandatory consumer protection law.
Cancellation of a Subscription terminates the Client's access to the Platform and marketplace facilitation Services only. Any ongoing engagement between the Client and a Gestor is a separate matter between those parties.
12.2 Changing Gestor
The Client may change their Gestor at any time by selecting a different Gestor from the Platform. This does NOT require cancellation of the Client's Subscription or Platform account. The Client acknowledges that:
- (xxxxxxx) any work in progress with the outgoing Gestor is subject to the terms agreed between the Client and that Gestor;
- (yyyyyyy) the Client may be liable to the outgoing Gestor for fees for work already performed;
- (zzzzzzz) Hola Gestoría may facilitate the transfer of Client Materials stored on the Platform but accepts no responsibility for work in progress.
13. Termination and Suspension by Hola Gestoría
13.1 Suspension
Hola Gestoría reserves the right, at its sole discretion and without liability, to suspend access to the Platform and Services, in whole or in part, immediately and without prior notice if:
- (aaaaaaaa) the Client fails to pay any Fees when due;
- (bbbbbbbb) the Client breaches any term of this Contract;
- (cccccccc) the Client provides false, misleading, or fraudulent information;
- (dddddddd) Hola Gestoría reasonably believes the Client is engaged in unlawful activity;
- (eeeeeeee) continued provision of Platform access could expose Hola Gestoría to legal, regulatory, or reputational risk;
- (ffffffff) required by law, regulation, or order of a competent authority.
13.2 Termination
Hola Gestoría reserves the right, at its sole discretion and without notice, to:
- (gggggggg) modify, suspend, or discontinue any feature of the Platform;
- (hhhhhhhh) refuse to continue providing Platform access to any Client;
- (iiiiiiii) terminate this Contract immediately upon written notice;
- (jjjjjjjj) remove any Gestor from the Platform.
The Client acknowledges that such actions may occur without explanation and without entitlement to compensation or refund, except for platform Fees paid in advance for periods not yet commenced.
13.3 Effects of Termination
Upon termination or expiration of this Contract:
- (kkkkkkkk) all rights granted to the Client under this Contract shall cease, including access to the Platform;
- (llllllll) the Client shall pay all outstanding Fees;
- (mmmmmmmm) any ongoing engagement between the Client and a Gestor is a separate matter between those parties and is not affected by the termination of this Contract, except to the extent that Platform tools are no longer available;
- (nnnnnnnn) Hola Gestoría may retain Client Materials as required by Applicable Law or for the establishment, exercise, or defence of legal claims;
- (oooooooo) clauses which by their nature should survive termination shall continue in full force and effect.
PART VI — DATA PROTECTION
14. Data Protection
14.1 Roles and Responsibilities
In the context of its marketplace platform operations, Hola Gestoría acts as:
- (pppppppp) Data Controller: for processing activities where Hola Gestoría determines the purposes and means of processing, including Client account management, billing, platform analytics, and direct marketing;
- (qqqqqqqq) Data Processor / Intermediary: for the transfer and temporary storage of Client Materials through the Platform for the purpose of facilitating communication between Clients and Gestors.
For the avoidance of doubt, when Client Materials are transmitted to a Gestor through the Platform, the Gestor becomes an independent Data Controller in respect of their processing of that data for the provision of Professional Services. The Client-Gestor relationship for data protection purposes is governed by the terms agreed between those parties.
14.2 Privacy Policy
Full details of how Hola Gestoría collects, uses, stores, and protects personal data are set out in the Privacy Policy, which is available at https://holagestoria.es/privacy and forms part of this Contract by reference.
14.3 Client Authorisation
The Client expressly authorises Hola Gestoría to:
- (rrrrrrrr) collect, store, process, and transfer Client Materials, including personal data, to the extent necessary for the provision of the Platform and marketplace facilitation Services;
- (ssssssss) share Client Materials with the Client-Selected Gestor or Assigned Gestor through the Platform;
- (tttttttt) share Client Materials with payment processors for billing purposes;
- (uuuuuuuu) engage sub-processors in accordance with the Privacy Policy.
14.4 Third Party Processing
The Client acknowledges and agrees that:
- (vvvvvvvv) once Client Materials are transferred to a Gestor through the Platform, the Gestor becomes independently responsible as a Data Controller for their handling, processing, and compliance with Data Protection Legislation;
- (wwwwwwww) Hola Gestoría shall not be liable for the acts, omissions, data breaches, or security practices of Gestors or other Third Parties;
- (xxxxxxxx) government authorities and public administrations are subject to their own data protection obligations and are not under the control of Hola Gestoría.
14.5 Data Security
Hola Gestoría implements appropriate technical and organisational measures to protect personal data stored on the Platform, including:
- (yyyyyyyy) encryption of data in transit and at rest;
- (zzzzzzzz) access controls and authentication;
- (aaaaaaaaa) regular security assessments;
- (bbbbbbbbb) staff training on data protection.
However, the Client acknowledges that absolute data security cannot be guaranteed and agrees that Hola Gestoría shall not be liable for data breaches caused by:
- (ccccccccc) Third Parties, including hackers, malicious actors, or service providers;
- (ddddddddd) events beyond Hola Gestoría's reasonable control (force majeure);
- (eeeeeeeee) the Client's own security failures (weak passwords, phishing, etc.);
- (fffffffff) the acts or omissions of any Gestor in handling Client Materials.
14.6 Client Data Obligations
The Client warrants that:
- (ggggggggg) all personal data provided through the Platform has been collected lawfully and with appropriate consents;
- (hhhhhhhhh) the Client has authority to provide such personal data for processing;
- (iiiiiiiii) the Client will inform any data subjects (employees, family members, etc.) whose data is shared through the Platform.
The Client agrees to indemnify Hola Gestoría for any claims, fines, or losses arising from unlawful or unauthorised data provided by the Client.
PART VII — LIABILITY AND INDEMNITY
15. Limitation of Liability
15.1 Exclusion of Indirect Losses
To the maximum extent permitted by Applicable Law, Hola Gestoría shall NOT be liable for any:
- (jjjjjjjjj) indirect, consequential, special, incidental, or punitive damages;
- (kkkkkkkkk) loss of profits, revenue, business, contracts, or anticipated savings;
- (lllllllll) loss of goodwill or reputation;
- (mmmmmmmmm) loss of data or corruption of data;
- (nnnnnnnnn) loss of opportunity or expectation;
- (ooooooooo) wasted expenditure or management time;
- (ppppppppp) fines, penalties, surcharges, recargos, sanctions, or adverse decisions imposed by any government authority, public administration, or Third Party;
whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise, even if Hola Gestoría has been advised of the possibility of such loss.
15.2 Cap on Liability
Subject to Clause 15.4, Hola Gestoría's total aggregate liability to the Client under or in connection with this Contract, whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be strictly limited to:
- (qqqqqqqqq) for Subscription services: the total platform Fees (excluding professional service fees collected on behalf of Gestors) paid by the Client to Hola Gestoría in the twelve (12) months immediately preceding the event giving rise to the claim;
- (rrrrrrrrr) in any event, a maximum of TEN THOUSAND EUROS (€10,000).
15.3 Gestor Liability Exclusion
IMPORTANT: The Client expressly acknowledges and agrees that Hola Gestoría shall NOT be liable under any circumstances for:
- (sssssssss) any acts, omissions, negligence, errors, advice, or conduct of any Gestor (whether Client-Selected or Assigned);
- (ttttttttt) the quality, accuracy, completeness, or timeliness of Professional Services provided by any Gestor;
- (uuuuuuuuu) any loss, damage, fines, penalties, surcharges, recargos, sanctions, enforcement actions, or adverse decisions arising from or in connection with any Professional Services provided by any Gestor;
- (vvvvvvvvv) any failure by a Gestor to comply with professional standards, Applicable Law, or regulatory requirements;
- (wwwwwwwww) any inaccurate, incomplete, negligent, or misleading advice, filings, declarations, registrations, or submissions made by any Gestor on behalf of the Client;
- (xxxxxxxxx) any delay by a Gestor in performing Professional Services or meeting deadlines;
- (yyyyyyyyy) any breach by a Gestor of its obligations to the Client.
The Client's sole recourse for any claim arising from or in connection with Professional Services is against the Gestor directly.
15.4 Exclusions from Limitations
Nothing in these Terms shall exclude or limit liability for:
- (zzzzzzzzz) death or personal injury caused by negligence;
- (aaaaaaaaaa) fraud or fraudulent misrepresentation;
- (bbbbbbbbbb) any liability which cannot be excluded or limited by Applicable Law.
16. No Guarantees
16.1 No Outcome Guarantees
The Client expressly acknowledges and agrees that:
- (cccccccccc) Hola Gestoría does NOT guarantee any outcome of any Professional Services provided by any Gestor;
- (dddddddddd) Hola Gestoría does NOT guarantee the approval, acceptance, or success of any application, filing, declaration, or submission made by any Gestor;
- (eeeeeeeeee) processing times are determined by government authorities and are beyond the control of both Hola Gestoría and Gestors;
- (ffffffffff) requirements, procedures, and criteria of government authorities may change without notice;
- (gggggggggg) past success does not guarantee future results.
16.2 Disclaimer of Warranties
To the maximum extent permitted by Applicable Law, Hola Gestoría provides the Platform and Services "AS IS" and "AS AVAILABLE" and disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to:
- (hhhhhhhhhh) any implied warranty of merchantability, fitness for a particular purpose, or non-infringement;
- (iiiiiiiiii) any warranty that the Platform will be uninterrupted, error-free, or secure;
- (jjjjjjjjjj) any warranty that defects will be corrected;
- (kkkkkkkkkk) any warranty regarding the accuracy, reliability, or completeness of any information provided through the Platform;
- (llllllllll) any warranty regarding the quality, suitability, or availability of any Gestor.
17. Indemnity
17.1 Client Indemnity
The Client agrees to indemnify, defend, and hold harmless Hola Gestoría, its directors, officers, employees, contractors, and agents from and against any and all claims, demands, actions, proceedings, losses, damages, liabilities, penalties, fines, costs, and expenses (including reasonable legal fees) arising from or in connection with:
- (mmmmmmmmmm) inaccurate, incomplete, misleading, or unlawful Client Materials;
- (nnnnnnnnnn) the Client's breach of any term of this Contract;
- (oooooooooo) the Client's violation of Applicable Law;
- (pppppppppp) the Client's infringement of any Third Party rights;
- (qqqqqqqqqq) claims by government authorities or Third Parties relating to the Client's affairs;
- (rrrrrrrrrr) the Client's failure to obtain necessary authorisations or consents;
- (ssssssssss) any use of the Platform by the Client or persons using the Client's account.
17.2 Indemnification Procedure
The indemnifying party shall:
- (tttttttttt) promptly notify the indemnified party of any claim;
- (uuuuuuuuuu) give the indemnified party sole control of the defence and settlement of the claim;
- (vvvvvvvvvv) provide all reasonable assistance to the indemnified party;
- (wwwwwwwwww) not settle any claim without the indemnified party's prior written consent.
PART VIII — INTELLECTUAL PROPERTY
18. Ownership
18.1 Hola Gestoría IP
All Intellectual Property Rights in and to the Platform, the Services, and any materials created by Hola Gestoría (including templates, processes, software, documentation, and training materials) remain the exclusive property of Hola Gestoría or its licensors. The Client is granted a limited, non-exclusive, non-transferable, revocable licence to use the Platform for the purpose of receiving the Services, subject to these Terms.
18.2 Client Materials
The Client retains ownership of all Intellectual Property Rights in the Client Materials. By providing Client Materials through the Platform, the Client grants Hola Gestoría a non-exclusive, royalty-free, worldwide licence to use, copy, store, and process the Client Materials to the extent necessary for the provision of the Platform and marketplace facilitation Services, and to transmit the Client Materials to the Client-Selected Gestor or Assigned Gestor.
18.3 Output Documents
Documents prepared by a Gestor for the Client using Client Materials (such as completed tax returns, registration forms, or contracts) are a matter between the Client and the Gestor. Hola Gestoría claims no Intellectual Property Rights in such documents.
PART IX — ASSIGNMENT AND TRANSFER
19. Assignment by Hola Gestoría
19.1 Right to Assign
Hola Gestoría reserves the unrestricted, irrevocable right, at any time and without notice to the Client, to assign, transfer, novate, subcontract, delegate, or otherwise dispose of these Terms, any service agreement, any Subscription, and any associated rights or obligations, in whole or in part, to:
- (xxxxxxxxxx) any newly formed sociedad limitada (SL) or other legal entity;
- (yyyyyyyyyy) any successor, replacement, or affiliate entity;
- (zzzzzzzzzz) any entity under common ownership, management, or control;
- (aaaaaaaaaaa) any reorganised, merged, consolidated, spun-off, or restructured entity;
- (bbbbbbbbbbb) any purchaser of all or substantially all of the business or assets of Hola Gestoría.
19.2 Automatic Transfer
Such assignment or transfer shall take effect automatically by operation of these Terms and shall NOT require the Client's consent, signature, acknowledgment, or further action. The Client expressly and irrevocably waives any right to:
- (ccccccccccc) object to any such assignment or transfer;
- (ddddddddddd) terminate this Contract as a result of any such assignment or transfer;
- (eeeeeeeeeee) renegotiate any term of this Contract as a result of any such assignment or transfer;
- (fffffffffff) receive notice of any such assignment or transfer, except as may be required by mandatory law.
19.3 Survival of Terms
All disclaimers, limitations of liability, exclusions, indemnities, waivers, and other protective provisions contained in these Terms shall survive and apply following any assignment or transfer.
20. Assignment by Client
The Client may NOT assign, transfer, subcontract, or otherwise dispose of any rights or obligations under this Contract without the prior written consent of Hola Gestoría.
PART X — GENERAL PROVISIONS
21. Amendments to Terms
21.1 Right to Amend
Hola Gestoría reserves the absolute right to amend, modify, update, supplement, or replace these Terms and Conditions at any time, for any reason, and without prior notice to the Client, by:
- (ggggggggggg) posting the amended Terms on the Platform with a new "Last Updated" date and version number;
- (hhhhhhhhhhh) making the amended Terms available at https://holagestoria.es/terms.
Hola Gestoría may, but is not obliged to, notify the Client of material amendments by email or through the Platform.
21.2 Client's Obligation to Monitor
IMPORTANT: The Client acknowledges and accepts that:
- (iiiiiiiiiii) it is the Client's sole and continuing responsibility to review these Terms and Conditions regularly and before each use of the Platform;
- (jjjjjjjjjjj) the most current version of the Terms is always available at https://holagestoria.es/terms;
- (kkkkkkkkkkk) the Client should check the "Last Updated" date and version number each time the Client accesses the Platform;
- (lllllllllll) Hola Gestoría is NOT obliged to send individual notifications of amendments, and the absence of such notification does not affect the validity or enforceability of amended Terms;
- (mmmmmmmmmmm) the Client's continued use of the Platform or Services after the posting of amended Terms constitutes the Client's irrevocable acceptance of those amended Terms in full, regardless of whether the Client has actually reviewed them.
21.3 Effective Date of Amendments
Amendments take effect:
- (nnnnnnnnnnn) immediately upon posting for new Clients;
- (ooooooooooo) thirty (30) days after posting for existing Clients, unless the Client objects in writing within that period, in which case Hola Gestoría may, at its sole discretion, terminate the Client's access to the Platform;
- (ppppppppppp) continued use of the Platform after the effective date constitutes acceptance of the amended Terms.
21.4 Consumer Rights
For Consumers, material modifications that significantly affect the balance of rights and obligations may be subject to the Consumer's right to terminate the Contract in accordance with Article 85.3 of the TRLGDCU.
21.5 Supersession
Each amended version of these Terms supersedes all prior versions. In the event of any conflict between a prior version and the current version, the current version shall prevail.
22. Communications
22.1 Electronic Communications
The Client consents to receive all communications from Hola Gestoría electronically, including by email, through the Platform, or via messaging services (WhatsApp, etc.). Such electronic communications satisfy any legal requirement that communications be in writing.
22.2 Notices
Formal notices under this Contract shall be sent:
- (qqqqqqqqqqq) to Hola Gestoría: by email to hello@holagestoria.es or by post to the registered address;
- (rrrrrrrrrrr) to the Client: by email to the address registered on the Platform or by post to the last known address.
Notices are deemed received: if by email, on the day sent (unless a delivery failure is received); if by post, three (3) business days after posting.
23. Force Majeure
Hola Gestoría shall not be liable for any failure or delay in performing its obligations under this Contract if such failure or delay results from circumstances beyond its reasonable control ("Force Majeure"), including but not limited to:
- (sssssssssss) acts of God, natural disasters, epidemics, or pandemics;
- (ttttttttttt) war, terrorism, civil unrest, or armed conflict;
- (uuuuuuuuuuu) government actions, regulations, embargoes, or sanctions;
- (vvvvvvvvvvv) strikes, lockouts, or labour disputes;
- (wwwwwwwwwww) failure of telecommunications, internet, or power supply;
- (xxxxxxxxxxx) cyberattacks, hacking, or system failures;
- (yyyyyyyyyyy) failure or delay by government authorities in processing applications.
In the event of Force Majeure, Hola Gestoría's obligations shall be suspended for the duration of the event, and time for performance shall be extended accordingly.
24. Severability
If any provision of these Terms is found by a court or competent authority to be invalid, illegal, or unenforceable:
- (zzzzzzzzzzz) that provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, while preserving the parties' original intent;
- (aaaaaaaaaaaa) if modification is not possible, that provision shall be deemed severed from these Terms;
- (bbbbbbbbbbbb) the validity, legality, and enforceability of the remaining provisions shall not be affected.
25. Waiver
No failure or delay by Hola Gestoría in exercising any right, power, or remedy under this Contract shall operate as a waiver thereof, nor shall any single or partial exercise preclude any further exercise of that or any other right, power, or remedy. Any waiver must be in writing and signed by Hola Gestoría to be effective.
26. Entire Agreement
26.1 Complete Agreement
These Terms and Conditions, together with the Privacy Policy and any service-specific terms expressly incorporated by reference, constitute the entire agreement between the Client and Hola Gestoría and supersede all prior or contemporaneous communications, representations, understandings, and agreements, whether oral or written.
26.2 No Reliance
The Client acknowledges that it has not entered into this Contract in reliance on any statement, representation, warranty, or understanding not expressly set out in these Terms.
27. Governing Law and Jurisdiction
27.1 Governing Law
This Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Kingdom of Spain.
27.2 Jurisdiction
Subject to Clause 27.3, the parties irrevocably agree that the courts of Almeria, Spain shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation.
27.3 Consumer Jurisdiction
For Consumers, in accordance with Article 90.2 of the TRLGDCU, jurisdiction clauses shall not deprive the Consumer of the protection afforded by the mandatory provisions of their country of habitual residence. Consumers may bring proceedings in the courts of their place of residence.
27.4 Alternative Dispute Resolution
In accordance with Regulation (EU) No 524/2013, Consumers may submit disputes to the European Commission's Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr. Hola Gestoría's email for ODR purposes is: hello@holagestoria.es.
28. Language
These Terms are provided in both English and Spanish. In the event of any conflict or inconsistency between the English and Spanish versions, the Spanish version shall prevail for legal and regulatory purposes within Spain.
29. Third Party Rights
Except as expressly provided in these Terms, no person who is not a party to this Contract shall have any right under the Ley 2/1994 or otherwise to enforce any term of this Contract.
30. Survival
The following clauses shall survive termination or expiration of this Contract: Clause 1 (Definitions); Clause 4.3 (Scope of Hola Gestoría's Role); Clause 4.4 (No Advice); Clause 4.5 (Transitional Provisions); Clause 6 (Information and Guidance); Clause 14 (Data Protection); Clause 15 (Limitation of Liability); Clause 16 (No Guarantees); Clause 17 (Indemnity); Clause 18 (Intellectual Property); Clause 19 (Assignment); Clause 21 (Amendments to Terms); Clause 27 (Governing Law and Jurisdiction); and any other provisions which by their nature should survive.
PART XI — SCHEDULES
Schedule 1: Model Withdrawal Form (Formulario de Desistimiento)
(Complete and return this form only if you wish to withdraw from the contract)
To: Hola Gestoría, Calle Granada 7, Velez-Rubio, Almeria, Spain, hello@holagestoria.es
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following services:
[Description of Services]
Ordered on (*) / Received on (*): _______________
Name of Consumer(s): _______________
Address of Consumer(s): _______________
Signature of Consumer(s) (only if this form is notified on paper): _______________
Date: _______________
(*) Delete as appropriate.
Schedule 2: Service-Specific Terms
The following service-specific terms apply in addition to the general Terms and Conditions. All Professional Services described below are provided by the Client-Selected Gestor or Assigned Gestor (as applicable), and NOT by Hola Gestoría. The Platform facilitates access to these services.
A. Autónomo Registration
- (cccccccccccc) The Gestor will prepare and submit the necessary forms for registration with the Agencia Tributaria (Modelo 036/037) and the Tesorería General de la Seguridad Social (TA.0521).
- (dddddddddddd) The Client must provide all required documents to the Gestor within the timeframes specified.
- (eeeeeeeeeeee) Registration is subject to approval by the relevant authorities.
- (ffffffffffff) Fees for registration are payable in advance through the Platform.
B. Ongoing Autónomo Management (Subscription)
- (gggggggggggg) The Gestor's services under this Subscription typically include: preparation and submission of quarterly IVA declarations (Modelo 303); preparation and submission of quarterly IRPF declarations (Modelo 130); annual summary declarations (Modelo 390, Modelo 190).
- (hhhhhhhhhhhh) The annual Renta declaration is NOT included and is subject to additional fees agreed with the Gestor.
- (iiiiiiiiiiii) Services are based on information provided by the Client through the Hola Finance app or other agreed channels.
- (jjjjjjjjjjjj) The Client is responsible for recording all income and expenses accurately.
C. Annual Renta Declaration
- (kkkkkkkkkkkk) This service covers the Gestor's preparation and submission of the annual Declaración de la Renta (IRPF).
- (llllllllllll) The Client must provide all relevant documentation to the Gestor by the deadline specified.
- (mmmmmmmmmmmm) Fees are payable in advance through the Platform.
— END OF TERMS AND CONDITIONS —
Document reference: HG-TCC-v2.0-2026
Contact
For questions about these Terms, contact us:
Hola Gestoría
Calle Granada 7, Velez-Rubio, Almeria, Spain
Email: hello@holagestoria.es
Phone: +34 950 794 808
WhatsApp: +34 950 794 808