Translation of courtesy. The Spanish version of these Terms shall prevail in the event of any discrepancy.
This document sets out the General Terms and Conditions of Engagement (hereinafter, the "Terms" or "GTC") governing the professional advisory and immigration processing services offered through the website www.tramitacionex.com (hereinafter, the "Website").
The Website is owned by Mr Adrián Nicolás Marchal González, practising lawyer at the Madrid Bar Association (ICAM), bar number 105.803, with professional address at Calle de la Pintura 27, Aranjuez (28300, Spain), contact email legal@tramitacionex.com (hereinafter, "TramitacionEx" or "the Firm").
Electronic acceptance of these Terms by ticking the corresponding box in the client area or contracting form constitutes the Client's express consent to their content and the formalisation of the contractual relationship between the Client and TramitacionEx. These Terms are made available to the Client prior to contracting, may be archived and reproduced by the Client, and remain permanently accessible on the Website pursuant to article 5 of Spanish Law 7/1998 of 13 April on General Terms of Contract.
1. Subject matter
1.1. TramitacionEx will provide the Client, on a services-rendered basis, with legal advice and administrative processing in immigration matters in connection with the service contracted through the Website, from among the following:
- Arraigo (social, labour and/or family): study and processing of residence authorisation applications based on exceptional circumstances.
- Renewals: renewal of residence and/or work authorisations, with phase-by-phase tracking.
- Family Member of EU Citizen Card: documentary preparation and processing.
- Family reunification: applications for direct family reunification, evidencing economic means and housing.
- Student stay: initial application and extension of stay for study purposes.
- Residence and work authorisation, employed or self-employed.
- Residence as family member of a Spanish national.
- Residence for foreign minors.
1.2. The specific service contracted, and the actions included therein, will be detailed in the corresponding service description published on the Website at the time of contracting, which the Client confirms having read and accepted, and which becomes an integral part of the contract.
1.3. Nature of the service. The services covered by this contract constitute an obligation of means and not of result. TramitacionEx undertakes to perform its work with maximum professional diligence, in accordance with the General Statute of the Spanish Legal Profession (Royal Decree 135/2021) and the Code of Conduct of the Spanish Legal Profession, but cannot guarantee the granting of authorisation or a favourable outcome, as the final decision lies with the competent Public Administration.
1.4. Unless expressly contracted as an additional service, the following are excluded from the subject matter of the contract:
- Judicial defence of the Client deriving from any contentious-administrative appeals.
- Obtaining and/or legalising documents abroad (apostilles, sworn translations, consular certificates).
- Payment of administrative fees, notarial or registry fees, and any other expense, disbursement or tax arising from the file.
- Personal appearances by the Client when required by the Administration (fingerprints, interviews, oaths), which cannot be delegated.
2. Electronic contracting process
2.1. Client requirements. To contract the services, the Client must be of legal age, have legal capacity to contract, and provide the identifying and contact data requested.
2.2. Steps. The electronic contracting process consists of the following stages, pursuant to article 27 of Spanish Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSI-CE):
- Selection of the service on the Website and initial enquiry.
- Registration in the client area and submission of the required documentation.
- Display of the applicable price and of these Terms.
- Express acceptance of the Terms and Privacy Policy by ticking the corresponding boxes.
- Full payment of the price through the payment gateway enabled on the Website (clause 3).
- Electronic confirmation of the engagement, sent by email to the address provided by the Client, together with a copy of the accepted Terms.
2.3. Language. The contracting language is Spanish. Translations into English, Catalan and French available on the Website are informative only; the Spanish version shall prevail in case of discrepancy.
2.4. Document archiving. TramitacionEx will archive the electronic document of the contract and provide access to it through the client area.
2.5. Error correction. Before confirming the engagement, the Client may identify and correct data entry errors. Once confirmed, the Client may report any errors through the client area or by email.
2.6. Client area credentials. The Client is responsible for safeguarding their username and password and for all activity carried out with their credentials. The Client undertakes to notify the Firm as soon as possible of any unauthorised use or security breach. TramitacionEx will not be liable for damages or losses resulting from the Client's breach of this obligation.
3. Fees and payment
3.1. Fees. The applicable fees for each service are fixed and published in the corresponding service description on the Website at the time of contracting. The displayed price includes VAT at the legally applicable rate, unless otherwise expressly indicated.
3.2. Full advance payment. The Client must pay 100% of the price through the payment gateway on the Website before the Firm undertakes any professional action. Full payment has the nature of a condition precedent: services will not be deemed initiated until TramitacionEx confirms receipt of payment.
3.3. Items not included. The published price does not include the following items, which shall be borne exclusively by the Client and notified when applicable:
- Official immigration administrative fees.
- Notarial or registry fees.
- Sworn translations.
- Apostilles or legalisation of foreign documents.
- Taxes of any nature.
- Any other expenses or disbursements necessary for the file.
3.4. Invoice. TramitacionEx will issue an invoice for the services rendered, addressed to the Client. The Client undertakes to keep their billing data up to date in the client area.
3.5. Bank reversals. Any costs or fees TramitacionEx may incur as a result of bank reversal of payment or attempted re-charge may be passed on to the Client.
3.6. Non-payment. In the event of payment reversal or non-payment for any cause attributable to the Client, TramitacionEx shall not be required to commence the contracted services and may terminate the contract under clause 9. This document, together with the unpaid invoice, shall constitute sufficient title to initiate monitorio (summary) recovery proceedings for the amounts owed.
4. Consumer right of withdrawal
4.1. Period and form. If the Client qualifies as a consumer or user under article 3 of Spanish Royal Legislative Decree 1/2007 of 16 November ("TRLGDCU"), they have a period of fourteen (14) calendar days from the conclusion of the contract to withdraw without justification or penalty, pursuant to article 102 TRLGDCU.
4.2. How to exercise. To exercise the right of withdrawal, the Client must notify the Firm by an unequivocal statement, addressed to:
- Email: legal@tramitacionex.com.
- Postal address: C/ de la Pintura, 27 — 28300 Aranjuez, Spain.
The withdrawal form template included as Annex I may be used, although its use is not mandatory.
4.3. Exception: immediate performance. Pursuant to article 103.a) TRLGDCU, the right of withdrawal shall not apply where the service has been fully performed, provided that the Client (a) expressly requested commencement before the end of the fourteen-day period by ticking the corresponding box at the time of contracting, and (b) expressly acknowledged awareness that, once the contract is fully performed, the right of withdrawal will be lost.
4.4. Withdrawal during performance. If the Client requested immediate commencement and withdraws before full performance, they shall pay TramitacionEx an amount proportional to the part of the service already provided at the time of withdrawal, pursuant to article 108.3 TRLGDCU. The proportional amount will be calculated by reference to the actions effectively carried out (case study, document collection, drafting, filing before the Administration, etc.).
4.5. Refund. Where a refund is due, TramitacionEx will issue it through the same payment method used by the Client within a maximum of fourteen (14) calendar days from receipt of the withdrawal communication.
5. Client obligations
By accepting these Terms, the Client undertakes to:
5.1. Grant power of attorney. Grant TramitacionEx the authorisation or representation mandate provided in the client area, in order to act on behalf of the Client before the competent Administration and other bodies involved in the file.
5.2. Truthfulness and completeness. Provide the Firm with all required documentation and information, ensuring it is correct, truthful, complete and current. Concealment of information or delivery of false or incomplete documents constitutes essential breach and entitles TramitacionEx to terminate the contract under clause 9, without right to refund and without prejudice to any liability that may arise for the Client.
5.3. Notification of changes. Notify the Firm without delay of any change in personal, family, employment, immigration, residence or contact circumstances that may affect the file.
5.4. Contact details. Provide and keep updated a valid email address and telephone number through the client area. Communications by the Firm shall be deemed validly delivered to the email address provided.
5.5. No duplicate proceedings. Not pursue the same matter, personally or through a third party, in parallel with TramitacionEx, save with the Firm's prior knowledge and consent.
5.6. Personal appearances. Personally attend appointments, hearings or steps for which the Administration requires the presence of the interested party (fingerprints, interviews, oaths, appearances at immigration offices). Unjustified non-attendance entitles TramitacionEx to terminate under clause 9.
5.7. Payment of fees and disbursements. Pay administrative fees and other costs not included in the price when notified.
5.8. Administration communications. Forward to the Firm without delay any notification, requirement or communication received directly from the Administration or third parties relating to the file.
5.9. Credentials. Safeguard client area credentials in accordance with clause 2.6.
6. TramitacionEx obligations
TramitacionEx undertakes to:
6.1. Professional diligence. Carry out the contracted actions with maximum professional diligence, in accordance with current legislation, the General Statute of the Spanish Legal Profession (RD 135/2021) and the Code of Conduct of the Spanish Legal Profession.
6.2. Professional secrecy. Strictly maintain professional secrecy regarding all information provided by the Client, pursuant to article 542.3 of the Organic Law of the Judiciary and article 5 of the General Statute of the Legal Profession.
6.3. Information. Keep the Client informed, through the client area on the Website and/or by email, of the status of the file and any relevant developments.
6.4. Feasibility study and full refund in case of unfeasibility. Conduct an initial study of the case. If, after such study and before any action before the Administration, TramitacionEx considers the case manifestly unfeasible or the documentation provided to be insufficient and not capable of being remedied, it shall notify the Client in a reasoned manner and proceed to fully refund the fees paid. The Client shall not be entitled to demand continuation of the file in such circumstances.
6.5. Data protection compliance. Process the Client's personal data in accordance with clause 11 and the Website's Privacy Policy.
6.6. Limitations. TramitacionEx is not liable for any actions the Client takes on their own without the Firm's knowledge, nor for documents signed or sent by the Client in whose drafting the Firm did not participate.
7. Time periods
7.1. Resolution times for immigration files are those established by current regulations and depend exclusively on the competent Administration.
7.2. The Firm will inform the Client of the legal time limits applicable to each file but cannot guarantee compliance by the Administration or the speed of processing.
8. Exclusivity
Acceptance of these Terms grants TramitacionEx exclusivity to handle the contracted service. The Client undertakes not to entrust the same matter to a third party while the contract with TramitacionEx is in force.
9. Termination
9.1. Termination by the Firm. TramitacionEx may terminate the contract, with no obligation to refund and without prejudice to its right to claim damages, in the following cases:
- a) Falsehood or concealment of information or documents by the Client.
- b) Parallel handling of the same matter by the Client or a third party.
- c) Unjustified non-attendance by the Client at appointments or steps requiring their presence.
- d) Breach of the duty to communicate relevant changes affecting the file.
- e) Any other serious breach of the Client's obligations under clause 5.
9.2. Termination by the Client. Without prejudice to the right of withdrawal in clause 4, once provision of the service has begun, the Client may waive the engagement at any time. In such case, no refund will be due for actions already performed. If the Client requested immediate commencement and is within the withdrawal period, clause 4.4 applies.
9.3. Notice. Termination shall be communicated in writing through the Client's registered email address.
10. Assignment of the contract
10.1. By accepting these Terms, the Client expressly authorises TramitacionEx to assign, where appropriate, the ownership of the contract to a professional partnership or other legal structure of which the holder is a partner or professional member, ensuring continuity and quality of service.
10.2. TramitacionEx will notify the Client in writing, with reasonable notice and by email, of any assignment, indicating the name of the receiving entity and the effective date.
10.3. If the Client does not agree with the assignment, they may terminate the contract free of charge by written notice within fourteen (14) calendar days of the communication. In such case, only services effectively rendered up to the termination date will be payable.
10.4. The assignment of the contract shall not entail any transfer of personal data of the Client without prior compliance with Regulation (EU) 2016/679 and Spanish Organic Law 3/2018.
11. Personal data processing
11.1. Applicable law. TramitacionEx complies with the data protection legislation in force in Spain and the European Union, in particular Spanish Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD), and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR).
11.2. Data controller. Mr Adrián Nicolás Marchal González, with the identifying data set out at the head of these Terms.
11.3. Purpose. The Client's data will be processed to provide and manage the contracted services, maintain the contractual relationship and comply with legal obligations applicable to the practice of law.
11.4. Legal basis. Performance of the contract entered into with the Client or, at their request, the application of pre-contractual measures (article 6.1.b GDPR), compliance with legal obligations (article 6.1.c GDPR) and, where applicable, the data subject's consent (article 6.1.a GDPR) for additional purposes such as commercial communications.
11.5. Recipients. Data may be communicated, as necessary for the provision of the service, to the following recipients:
- Immigration Offices, Government Sub-Delegations and other bodies of the Spanish State and regional administrations.
- State Security Forces and Bodies, where applicable.
- Spanish Tax Agency and General Treasury of Social Security.
- Notaries and Public Registers.
- External collaborators of the Firm (procurators, sworn translators, collaborating lawyers) subject to confidentiality duties.
- Technology providers of the Firm (web hosting, payment gateway, document management tools), always as data processors.
11.6. Retention period. Data will be retained for the duration of the contract and, once terminated, for the periods legally required to address possible liabilities, in particular for a minimum of five (5) years and, in relation to lawyer's professional documentation, for the period established by applicable bar and procedural rules.
11.7. Data subject rights. The Client may exercise the rights of access, rectification, erasure, objection, restriction of processing and portability by writing to dpo@tramitacionex.com or by post to the Firm's professional address. They may also lodge a complaint with the Spanish Data Protection Agency (www.aepd.es).
11.8. Further information. Additional and detailed information on data processing is available in the Privacy Policy published on the Website.
12. Confidentiality and professional secrecy
All information provided by the Client to the Firm is covered by the lawyer's professional secrecy (article 542.3 LOPJ and article 5 EGAE). The Firm undertakes not to disclose or use such information for purposes other than the engagement, save with the Client's express authorisation or binding legal requirement.
13. Intellectual property
13.1. Pleadings, opinions, reports and other documents prepared by the Firm in performance of the contract are the intellectual property of TramitacionEx. The Client is authorised to use them in the context of their file and for the purposes of the contracted service.
13.2. Website contents (texts, images, trade marks, logos, design) belong to the Firm or to third parties who have authorised their use, and are protected by intellectual and industrial property law. Their reproduction, distribution or transformation without authorisation is prohibited.
14. Customer service and complaints
14.1. Customer service. The Client may direct any query or incident through the client area or by email to legal@tramitacionex.com.
14.2. EU Online Dispute Resolution platform. Pursuant to Regulation (EU) No 524/2013, a Client who is a consumer may resort to the EU Online Dispute Resolution platform, available at https://ec.europa.eu/consumers/odr.
15. Modifications
TramitacionEx may modify these Terms to adapt them to regulatory changes or service evolution. Modifications shall not have retroactive effect on engagements already formalised, which shall be governed by the version accepted at the time of contracting, identified by version number and cryptographic hash.
16. Proof of acceptance
Acceptance of these Terms is recorded immutably in TramitacionEx's systems, indicating the exact moment, the version and the cryptographic hash of the accepted content, as well as connection technical data (IP address and user agent). This information constitutes proof of acceptance for all legal purposes and may be supplied to the Client or to competent authorities upon request.
17. Governing law and jurisdiction
These Terms are governed by Spanish law. Where the Client qualifies as a consumer or user, the Courts and Tribunals of the consumer's domicile shall have jurisdiction (article 90.2 TRLGDCU). Otherwise, the Courts and Tribunals of Madrid shall have jurisdiction.
If any provision of these Terms becomes unenforceable or void under applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or void as a whole. The affected clause shall be replaced by another valid and enforceable provision that, to the extent possible, achieves the objective and intent of the original stipulation.
Annex I — Withdrawal form template
(Only complete and send this form if you wish to withdraw from the contract. Its use is not mandatory.)
To: TramitacionEx — Adrián Nicolás Marchal González
C/ de la Pintura, 27 — 28300 Aranjuez (Madrid), Spain
Email: legal@tramitacionex.com
I/We (*) hereby give notice that I/we (*) withdraw from the contract for the provision of the following service:
- Service contracted: ____________________________________
- Date of contracting: ___________________________________
- Consumer's name: _______________________________________
- Consumer's address: ____________________________________
- Consumer's signature (only on paper): __________________
- Date: __________________________________________________
(*) Delete as appropriate.