General Terms and Conditions of Service

https://olivercg.engineer/

I. Purpose and scope

These General Terms and Conditions of Service (hereinafter, «the Terms») govern the professional services of Oliver Calvo García, Spanish tax ID (NIF) 76421100N, trading under the personal brand OliverCG, with address at C/ Washington Irving 2, Local 1, 18015 Granada (Spain), email [email protected], registered member of CPITIA under number 20221118-A (hereinafter, «the professional»). Full identifying details are set out in the Legal Notice.

The Terms apply to computer forensics and expert witness services (court-appointed and party-appointed), electronic evidence analysis, cybersecurity, training and strategic consultancy. They are deemed accepted by the client from the moment the client accepts a proposal or engagement letter.

This website has no online shop and no automated contracting. Every engagement is formalised through a prior individual proposal.

II. Engagement process

1. Initial enquiry. The client sets out the matter. The professional assesses whether the engagement can be accepted and whether any ground for abstention applies (section IV).
2. Engagement letter or quotation. A written document stating the subject and limits of the report or service, the deliverables, fees, estimated timescale and payment terms. Valid for 30 calendar days unless stated otherwise.
3. Acceptance. The engagement is formed on the client's express acceptance (in writing, by email or by electronic signature) and, where applicable, on payment of the advance on costs.
4. Delivery. Work starts once acceptance, the advance on costs and the material or media to be analysed have been received.

In court-appointed engagements the framework is set by the Spanish Civil Procedure Act (LEC) and by the court's own order; these Terms apply only in so far as they do not conflict with those.

III. Fees, advance on costs and payment

Fees are set individually in each engagement letter, according to complexity, volume of evidence and timescale, and are expressed in euros (€). Unless expressly stated otherwise they are quoted excluding VAT, which is charged on the invoice at the rate in force (currently 21 %). Spanish withholding tax (IRPF) is applied where applicable.

Advance on costs. The professional may request an advance before starting work. In court-appointed engagements, such requests follow the terms and time limits of Article 342.3 of the Spanish Civil Procedure Act.

Not included in the fee unless expressly stated: ratification and defence of the report in court, appearances, hearings and travel, invoiced separately at the applicable rate; travel, subsistence and accommodation costs; the purchase of media, specific forensic tool licences or third-party services required for the analysis; and extensions or clarifications of the report requested after delivery.

Invoices fall due 15 calendar days from issue, unless another term is agreed. Non-payment entitles the professional to suspend work, after notice, until the situation is remedied. Where the client is a business or professional, late-payment interest under Spanish Law 3/2004 applies.

IV. Independence, objectivity and grounds for abstention

The professional acts with technical independence and the greatest possible objectivity, in accordance with the duty imposed by Article 335.2 of the Spanish Civil Procedure Act and with the CPITIA code of professional conduct, regardless of who appoints or pays.

The outcome of the report is neither agreed nor conditioned. The professional does not accept engagements whose purpose is to reach a predetermined conclusion, nor fees linked to the content of the report or to the outcome of the proceedings. If the analysis leads to conclusions unfavourable to the party commissioning it, they will be stated all the same; the client retains the right not to submit the report to the proceedings, but not the right to alter its content.

The professional will decline or withdraw from an engagement where a conflict of interest or any statutory ground applies. The client acknowledges that the professional is subject to the rules on challenge (recusación) of court-appointed experts (Articles 124 et seq. LEC) and on objection (tacha) of party-appointed experts (Article 343 LEC).

V. Evidence, chain of custody and retention

The client is responsible for the lawful origin of the media, devices, accounts and data supplied, and warrants that it is entitled to hand them over and to authorise their analysis. The professional does not accept engagements requiring access to third-party systems or communications without lawful title or judicial authorisation.

The professional documents the chain of custody from receipt of the material, works on copies verified by hash functions wherever the nature of the medium allows, and records the tools and procedures used.

Original media are returned to the client or to the court on completion of the engagement. Forensic copies and working materials are retained for the period stated in the engagement letter or, failing that, for as long as necessary to deal with extensions, clarifications or liabilities arising from the report, after which they are securely destroyed. The client may request early destruction, accepting that this may make later ratification or extension of the report impossible.

VI. Confidentiality and data protection

The professional keeps confidential all information accessed in connection with the engagement, during its term and indefinitely thereafter, save only for what must be disclosed to the court in performance of the engagement itself or of a legal duty.

Where the engagement involves access to personal data for which the client is the controller, the professional acts as data processor and the Article 28 GDPR agreement will be entered into. Processing of the client's own data is governed by the Privacy Policy.

VII. Timescales and client obligations

Stated timescales are estimates and run from acceptance and from full delivery of the material to be analysed. Delays attributable to the client, to third parties or to the court's own schedule extend the timescale accordingly. The professional is not liable for delays caused by force majeure.

The client undertakes to provide truthful and complete information, not to conceal facts or documents relevant to the analysis, to deliver materials on time and to pay the agreed amounts. Concealment of relevant information entitles the professional to withdraw from the engagement without refund of the amounts corresponding to work already carried out.

VIII. Intellectual property in the deliverables

Once the full fee has been paid, the client acquires the right to use the report or deliverable for the purpose set out in the engagement letter, including its submission to the proceedings for which it was prepared. Authorship of the report belongs to the professional, who retains the moral rights granted by intellectual property legislation.

Partial reproduction, modification, decontextualised extracts and use of the report in proceedings or for purposes other than those agreed are not authorised without the professional's written consent. The professional's pre-existing tools, methodologies, templates and technical know-how are excluded from the assignment.

In training services, the materials supplied are licensed to the student for personal use, with no right of reproduction, distribution or delivery to third parties.

IX. Termination and withdrawal

Either party may terminate the engagement for material breach by the other, following written notice and 15 calendar days to remedy. If the client withdraws once work has started, it shall pay for the work actually carried out; the advance on costs is non-refundable as regards the part covering scheduling and preliminary analysis.

Consumers. Where the client qualifies as a consumer under Spanish Royal Legislative Decree 1/2007 (TRLGDCU) and the contract was concluded at a distance or off-premises, the client has 14 calendar days from conclusion to withdraw without giving reasons, by notifying [email protected]. Under Article 103 TRLGDCU, withdrawal does not apply to services already fully performed where performance began with the consumer's prior express consent and acknowledgement that the right is lost once the contract has been performed, nor to clearly personalised services. If the consumer asks for performance to begin within the withdrawal period and then withdraws, the consumer shall pay the proportionate part already provided.

The professional holds official complaint forms issued by the Regional Government of Andalusia at the disposal of consumers.

X. Liability

The professional is answerable for the technical correctness of the work according to the profession's lex artis. No procedural outcome is guaranteed: the assessment of expert evidence rests exclusively with the court (Article 348 LEC), which may depart from the report. Nor is it guaranteed that the available evidence will allow the fact the client seeks to prove to be established; if the analysis is inconclusive, the work carried out is invoiced all the same.

Save for wilful misconduct or gross negligence, and save where the law does not permit limitation, the professional's liability is limited to the amount actually paid for the engagement giving rise to the damage. There is no liability for loss of profit, loss of procedural opportunity, or indirect or consequential damage.

XI. Governing law and jurisdiction

These Terms are governed by Spanish law. For the resolution of any dispute, the parties submit to the jurisdiction of the Courts and Tribunals of the city of Granada (Spain), expressly waiving any other forum.

This submission does not apply where the client qualifies as a consumer, in which case the Court or Tribunal of the consumer's place of residence shall have jurisdiction.

Last updated: 15 September 2026