Last updated: 10 October 2025
By contracting Kleo’s services, you confirm that you understand and accept the following:
Service purpose: Kleo will provide services for the search, preparation and management of funding, incentives or certifications of a public, private or banking nature, depending on the lines you select.
Scope: The services include eligibility analysis, preparation of technical and administrative documentation, submission of the application and follow-up with the granting entity until the resolution of the file.
Fee structure: The fees consist of a fixed start-up fee and a variable or success-based commission, applicable once the funding or incentive has been approved, with a minimum amount per procedure.
Subsequent justification: In procedures that require a justification phase after approval or disbursement, this management will be considered an optional additional service and will be invoiced according to the specific commission established for that service.
Accrual and payment: Variable fees are invoiced once the funding or incentive is approved. The client may request the deferral of payment until the effective disbursement, in which case a contractual surcharge will be applied for deferred payment.
Cancellations: Once the work has begun, if the client decides not to continue with the process without justified cause, the penalties provided for in the contract may be applied depending on the progress level of the file.
Exclusivity: The client grants Kleo exclusivity in the management of the selected line or call, unless the intervention of a third party is expressly authorised in writing.
1.1. These General Terms and Conditions apply to all engagements received by KLEO HUB, S.L. (“KLEO”) from any natural or legal person (the “CLIENT”) for the provision of the services offered by KLEO. These General Terms and Conditions are available to the CLIENT and the general public on the company’s website: www.kleohub.com.
1.2. The CLIENT accepts that these General Terms and Conditions of contracting apply to the provision of services contracted electronically with KLEO. These General Terms and Conditions are accepted by the CLIENT at the moment the engagement is accepted. Unless otherwise stated in this document, they shall prevail over any other document prior to the formalisation of the engagement.
1.3. If the CLIENT does not accept these conditions, the CLIENT must expressly state their refusal. By formalising payment of KLEO’s fees, these conditions shall be deemed validly agreed.
1.4. KLEO may modify these General Terms and Conditions to adapt them to regulatory changes or as a result of the expansion of the services offered. The modifications shall be published on the website and shall apply to new engagements or renewals after their publication, without affecting applications already contracted under previous conditions.
2.1. The purpose of these General Terms and Conditions is the CLIENT’s contracting of the following services from KLEO:
Assistance in the search for and obtaining of public or private funding.
Search for and contracting of support and application management services in the context of the search for public and/or private funding.
Advisory and/or consultancy services related to the obtaining of public or private funding.
2.2. The services described are exclusively financial in nature and therefore do not include advisory services in legal, tax, labour, environmental or any other non-financial matters that have or may have an impact on the obtaining of funding or that are required for such obtaining. Therefore, the provision of services by KLEO does not in any case replace the CLIENT’s responsibility to obtain the appropriate legal, tax, labour or environmental advice for the effective execution of the transaction.
2.3. KLEO may delegate the execution of all or part of its services to a trusted agent or subcontractor and the CLIENT authorises KLEO to provide all necessary information to the agent or subcontractor so that they may carry out such execution.
2.4. The CLIENT accepts that KLEO, in providing such services, does not replace the CLIENT or a third party nor exempt the CLIENT from their obligations, and does not assume, shorten, take over or attempt to exempt the CLIENT’s duties towards a third party or a third party’s duties towards the CLIENT.
2.5. KLEO acts exclusively as an intermediary in funding matters, providing a management service with funding entities without making financial decisions or intervening on its own behalf in funding operations. It does not provide financial services subject to the supervision of the CNMV or the Bank of Spain; instead, KLEO identifies, analyses, structures and manages the funding application until its approval.
3.1. The services contracted by the CLIENT are those specified in the specific conditions or service proposal prepared expressly for the CLIENT. Regarding the scope of the services contracted by the CLIENT, unless the specific conditions establish a customised scope, each service shall include the functions described below:
Services for the search and obtaining of funding.
Review of the different funding options available and offered by KLEO. These may include, among others, public funding options in the form of loans, grants or other types of non-repayable or repayable aid awarded by public bodies, tax incentives, social security bonuses, seals and certifications, as well as banking financing through loans, credit lines or other banking instruments, or private investor financing through capital increases or convertible notes and loans.
Viability analysis to determine the eligibility and likelihood of obtaining funding, in order to recommend the best funding strategy. Specifically, recommending the best funding options that fit the CLIENT’s profile and needs.
Once the most suitable funding line is identified, the services will consist of:
Preparation of the project documentation that accompanies the funding application.
Support in preparing and validating the project-related documents based on the information provided by the CLIENT.
Assistance in the relationship with the awarding body of the funding line, the person or the granting entity: collection of the necessary documentation, liaison and follow-up.
Communication and updates on the status of the funding application, including any clarifications required during the analysis process until approval and the positive or negative resolution by the awarding body, person or granting entity.
3.2. Additionally, and upon request by the CLIENT, KLEO’s services may include the justification of funding lines already approved and positively resolved by the awarding body, whether or not they have been fully or partially disbursed. This service shall be considered an independent additional service, not included automatically in the services described above. Its contracting shall be optional for the CLIENT and shall be invoiced according to the fees established by KLEO at the moment of the engagement, and in any case in accordance with these General Terms and Conditions.
These services may be requested for the partial, interim or final justification of grants or loans awarded, whether managed by KLEO or by third parties, and may include the following functions:
4.1. Unless a different duration is established in the CLIENT’s specific conditions, the provision of services by KLEO shall last for a period of one (1) year from the date of signature of the specific conditions, and may end earlier if the effective execution and completion of the funding process is achieved in a shorter period. If during that period the CLIENT has not managed to obtain the funding, the provision of services by KLEO shall be automatically renewed for periods of equal duration, unless expressly and in writing terminated by either Party with at least one (1) month’s notice.
4.2. The term of the contract shall never be terminated while the funding procedure is being processed. Once it has concluded, it may be freely terminated by the client, with the agreed notice period.
5.1. The CLIENT shall:
Provide all information that KLEO may request, as it is necessary for the provision of the contracted services. In this regard, the CLIENT shall provide it in a timely and organised manner. In cases where the information requested by KLEO depends on other involved parties, the CLIENT shall make their best efforts to ensure it is provided. The CLIENT shall, in any case, be responsible for the accuracy and truthfulness of the information and documentation provided.
Inform KLEO of any event that may affect the provision of the services within a maximum period of three (3) working days.
Provide all necessary means and information, ensuring the cooperation of its staff.
Comply with all recommendations and guidelines that KLEO communicates to the CLIENT in order to obtain the requested or forthcoming funding.
Make payment of the amounts due in the agreed time and manner.
Perform all actions indicated by KLEO or by a third party indicated by KLEO in order to obtain the requested funding or aid.
Ensure that: (I) the financial information delivered has been prepared in accordance with generally accepted accounting principles in Spain or, failing that, with the accounting regulations of other countries that are recognised and accepted in accordance with international accounting standards. In any case, such information must faithfully reflect the company’s assets, as well as its revenue volume and operating margins; (II) the information provided concerning the CLIENT’s contracts with major suppliers and customers is truthful and complete, and that the necessary assets remain available to ensure perfect and full compliance; (III) during the provision of services by KLEO, the CLIENT will not carry out any transaction or sign any agreement that may substantially affect the company’s equity structure or business viability or that could affect the business value without notifying KLEO beforehand; and (IV) the CLIENT will remain up to date with its obligations to the Social Security Treasury and the Tax Agency, as failure to do so will lead to the repayment of the subsidised amounts (where applicable), in which case KLEO shall not be liable nor required to reimburse anything to the CLIENT.
5.2. Once the most favourable funding option for the CLIENT has been identified and the service of preparing the funding application has begun, the CLIENT undertakes to grant exclusivity to KLEO for the provision of services aimed at obtaining said funding until it is obtained, except in explicitly agreed cases where such exclusivity shall not apply.
5.3. The CLIENT declares that they are aware that, in order to be a beneficiary of any public funding or aid, it is essential at least to:
Be up to date with all legal and tax obligations, current in payments with all Public Administrations, with Social Security and with the Tax Agency, and comply with the corresponding regulations.
Not be in a situation of crisis nor in a cause for dissolution due to losses, nor have been subject to insolvency proceedings, rescue or restructuring aid not repaid, nor appear in credit default registers nor have records of unpaid debts, nor have pending recovery orders for aid declared illegal.
Not have been convicted by a final judgment for economic crimes (corruption, fraud, money laundering, crimes against the Public Treasury or Social Security, or terrorist financing) either the entity or its principal shareholders.
Additionally, in some calls there are essential conditions that will be jointly analysed by the CLIENT and KLEO.
5.4. In the event that the CLIENT requests that KLEO manage public funding related to any of the following services:
R&D&I tax deductions.
Social Security bonuses for technical and/or research staff.
Aid from the Centre for Technological Development and Innovation (CDTI).
Innovative SME Seal.
The CLIENT grants KLEO exclusivity for the management of the remaining services listed above, unless written authorisation is granted for a third party outside KLEO to provide the management services for the funding and aid of these services.
Likewise, in the event that the CLIENT requests that KLEO manage public funding related to any of the following services:
Startup Certificate ENISA.
Funding lines from ENISA (Empresa Nacional de Innovación S.A.).
The CLIENT grants KLEO exclusivity for the management of the remaining services listed above, unless written authorisation is granted for a third party outside KLEO to provide the management services for the funding and aid of these services.
6.1. KLEO shall:
Keep the CLIENT informed at all times of the progress of the process, and in particular, inform them of any event that may impact the content and scope of the services under this contract.
Provide the contracted services with the diligence of a good professional. KLEO does not guarantee the success of obtaining funding under any circumstances and is not responsible for its non-granting or denial. The CLIENT must understand that the granting of funding is subject to the approval of the Public Administration or the interest of the granting person or entity in each case, and KLEO cannot influence the decision of such parties.
Issue invoices in a timely and proper manner.
6.2. Furthermore, KLEO states that its ability to carry out its services will depend largely on the availability of funding options suitable for the CLIENT’s profile, as well as the complexity of the transactions carried out by the CLIENT in relation to the project, the stage of development in which it is found, and the availability of necessary information to carry them out.
6.3. KLEO’s liability towards the CLIENT arising from the provision of services, regardless of its cause or nature, shall in all cases be limited to the total amount of fees actually paid by the CLIENT for the service that gave rise to the claim. Under no circumstances will KLEO be liable for loss of profit, loss of opportunity or any indirect damages.
7.1. In the provision of services for the search and obtaining of funding, the fees consist of a fixed component and a variable component calculated on the amount of funding obtained. These fees will depend, in each case, on the nature and complexity of the funding requested by the CLIENT.
7.2. Unless the fees have been explicitly established between KLEO and the CLIENT at the time of contracting the services, they shall be subject to KLEO’s standard rates in force at the time of contracting.
7.3. The fixed fees shall be those established by KLEO at the moment of contracting the services, subject to the CLIENT’s acceptance.
7.4. In the event that, due to the nature and procedures established for the application of a funding line, there are additional fees payable to third-party entities, public or private, KLEO will re-invoice these fees to the CLIENT, and they will be reflected at the time of contracting the services or notified to the CLIENT as soon as they become known, for the CLIENT’s express acceptance.
7.5. The variable fees shall be calculated on the total amount of funding effectively granted at the time of the favourable resolution, applying the corresponding percentage according to the type of financial instrument in question, with a single concession possibly granting more than one type of financial instrument. The applicable fees shall be as follows:
Up to €100,000 granted:
Public loans: 4.5%
Grants, non-repayable aid, incentives and bonuses: 12.0%
Bank financing, guarantees and sureties: 3.0%
Private investment: 6.0%
From €100,001 to €300,000 granted:
Public loans: 4.0%
Grants, non-repayable aid, incentives and bonuses: 11.5%
Bank financing, guarantees and sureties: 2.8%
Private investment: 5.5%
From €300,001 to €500,000 granted:
Public loans: 3.5%
Grants, non-repayable aid, incentives and bonuses: 11.0%
Bank financing, guarantees and sureties: 2.5%
Private investment: 5.0%
From €500,001 to €1,000,000 granted:
Public loans: 3.3%
Grants, non-repayable aid, incentives and bonuses: 10.5%
Bank financing, guarantees and sureties: 2.3%
Private investment: 4.5%
From €1,000,001 granted:
Public loans: 3.0%
Grants, non-repayable aid, incentives and bonuses: 10.0%
Bank financing, guarantees and sureties: 2.2%
Private investment: 4.0%
In the case of mixed products, where different types of financing are combined, the variable fees will be calculated by applying the corresponding percentage for each type of financing to the approved amount of each one. This means that, if the financing includes both a loan and a grant, the fee percentages established for each type of financing will be applied to the respective amounts of loan and grant.
7.6. The variable fees above do not include applicable taxes, and all applicable taxes on the fees, both fixed and variable, shall be payable by the CLIENT.
7.7. For those funding options, such as obtaining seals and certifications, which provide access to tax benefits or financing but which, by their nature, do not lead to the direct obtaining of funds or deductions, the variable fees from the table above shall not apply.
7.8. The variable fees shall have a minimum amount for low-value funding, such minimum amounts being those established by KLEO at the time of contracting the services, subject to the CLIENT’s acceptance. For amounts obtained relating to R&D&I tax deductions and Social Security bonuses for research personnel, the minimum fee shall in all cases be THREE THOUSAND EUROS (€3,000), plus VAT, per year justified.
7.9. The justification service for grants, if required by the CLIENT once the funding has been approved and/or disbursed, shall be considered an independent additional service to the funding application. This service shall be invoiced according to the additional fees agreed upon at the time of its contracting and shall accrue at the start of the justification engagement, being independent of the variable fees linked to obtaining the funding.
Under no circumstances shall the contracting of the funding application services imply the implicit inclusion of justification management, unless expressly contracted by the CLIENT.
7.10. The costs arising from external audits, advisors and independent professional services, or verifications required by the Administration itself, public bodies or funding entities, are not included in KLEO’s fees and must be borne directly by the CLIENT.
8.1. The fixed fee is accrued and invoiced at the time of the application request and acceptance of this contract, and must be paid by the CLIENT at that moment, prior to the start of services, through KLEO’s online platform.
In the event that, due to technical or exceptional reasons, the payment is made through any alternative channel proposed and enabled by KLEO, such payment shall also imply full and binding acceptance of these General Terms and Conditions and will produce the same legal effects as electronic acceptance through the platform.
8.2. The variable fees accrue on the date of the favourable resolution of the file, when the funding application has been approved by the granting entity and/or when the official communication of the proposal for funding approval is issued, this being independent of the actual date of disbursement of funds. The CLIENT must make payment no later than thirty (30) days after the invoice date or within any other deadline established by KLEO on the invoice (the “Due Date”).
8.3. The CLIENT undertakes to notify KLEO, within a maximum of five (5) working days, of the favourable resolution or any communication relating to the approval of the funding, and KLEO may request supporting documentation from the CLIENT to verify the approval of the funding and the stipulated terms.
In cases of deliberate concealment of the resolution or failure to notify it, KLEO may claim the variable fees based on the information published by the granting body. In cases of deliberate concealment or late notification, KLEO may issue the corresponding invoice on the basis of public or verifiable information from the file, and the CLIENT shall be liable for any damages or delays caused.
8.4. Notwithstanding the above, KLEO may offer, for each specific case, deferred payment until the effective date of the first disbursement of funding or the availability of the granted funds, in whole or in part (the “Deferred Payment Date”), for those procedures that involve a disbursement or monetary availability.
Such deferred payment shall entail a contractual surcharge as a deferred payment fee, the amount of which shall be established by KLEO at the time the variable fee invoice accrues. Failing that, the surcharge shall be calculated by applying an increase equivalent to the applicable legal interest rate.
Such deferral must be expressly requested by the CLIENT, and in no case may the deferral exceed a maximum period of six (6) months from the favourable resolution of the file, which is the date on which the variable fees accrue.
For clarification, this surcharge does not constitute a financial service nor interest, but rather a higher contractual price for extending the payment period. In any case, the deferral does not modify the date on which the variable fees accrue nor affect the enforceability of the payment obligation.
8.5. If the payment of the fixed or variable fee is not made on the stipulated date, nor on the deferred date previously agreed and approved by the Parties, the CLIENT shall pay interest on arrears at the applicable legal interest rate. Such interest shall accrue from the Due Date or Deferred Payment Date, as applicable, until (and including) the date the payment is actually received by KLEO.
8.6. For amounts obtained relating to R&D&I tax deductions and Social Security bonuses for research and technical personnel, the billing will be carried out according to the achievement of the following milestones:
In the case of self-applied tax deductions (without certification), 50% of the variable fee will be invoiced at the time the deduction data is delivered, and the remaining 50% upon delivery of the technical justification report and/or file that supports the deduction, as applicable.
In the case of a deduction with ENAC certification (without IMV), 50% of the variable fee will be invoiced upon delivery of the technical justification report and the remaining 50% upon obtaining the ENAC certificate. The cost of external certification by the accredited entity is not included in the fees and shall be borne directly by the CLIENT.
In the case of deductions with a Binding Motivated Report (IMV), 50% of the variable fee will be invoiced upon delivery of the technical justification report and the remaining 50% upon obtaining the Binding Motivated Report.
In the case of the standard bonus for research or technical staff for companies with fewer than 9 employees, the variable fee will be invoiced quarterly, based on the effective savings obtained by the CLIENT.
In the case of bonuses with a Binding Motivated Report (IMV) for companies with more than 9 employees, 50% of the variable fee will be invoiced upon delivery of the technical justification report and/or technical-administrative file, as applicable, and the remaining 50% upon obtaining the Binding Motivated Report.
8.7. The CLIENT may not withhold or defer payments of any amount owed to KLEO due to any dispute, counterclaim or set-off that the CLIENT may assert against KLEO.
8.8. KLEO may decide whether to take legal action for the collection of unpaid fees before a competent court. The CLIENT undertakes to pay the Company all collection costs, including legal fees and other related expenses.
9.1. The parties shall be liable for any damages caused by their contractual breaches. Either party may terminate the service contract in the following cases:
Failure to comply with its obligations under the general and specific conditions (including, among others, the obligation to make payments, submit information and comply with the guidelines indicated for obtaining funding), provided that such failure is not remedied within ten (10) days following receipt of the notice issued by the compliant party requesting correction, if possible, of the breach. If the breach cannot be remedied, the compliant party may immediately terminate the provision of services; or
If the other party is declared bankrupt, insolvent or enters into insolvency proceedings.
9.2. If the CLIENT requires a new submission, correction or extension of information due to a change in the call, regulations or requirements of the granting entity, it shall be considered a new, independent application subject to additional fees, unless otherwise agreed in writing by the Parties.
9.3. Without prejudice to the pursuit of any applicable legal actions and claims for damages, the CLIENT undertakes to pay the following penalties:
If the CLIENT unilaterally decides not to proceed with the application after accepting the proposal and before Kleo has begun the work, KLEO will refund the amount corresponding to the fixed fees to the CLIENT within ten (10) days.
If the CLIENT unilaterally decides not to proceed after accepting the proposal and after Kleo has initiated the work, or fails to meet or ceases to meet any of the requirements of the call for reasons directly attributable to the CLIENT’s management, the CLIENT shall be obliged to pay KLEO 50% of the variable fees agreed for the corresponding file, plus applicable VAT.
If the CLIENT unilaterally decides not to proceed after accepting the proposal and after Kleo has initiated the work, with the documentation partially prepared, or fails to meet or ceases to meet any of the requirements of the call for reasons directly attributable to the CLIENT’s management, the CLIENT shall be obliged to pay KLEO 75% of the variable fees agreed for the corresponding file, plus applicable VAT.
If the application is fully prepared by KLEO and the CLIENT decides not to submit it for reasons unrelated to KLEO or because the CLIENT fails to meet or ceases to meet any of the call requirements for reasons attributable to the CLIENT’s management, the CLIENT shall be obliged to pay KLEO 95% of the total variable fees agreed for the corresponding file, plus applicable VAT.
If the application has been submitted and is in the hands of the competent body, pending review and analysis, and the CLIENT unilaterally decides not to continue with the application, or fails to meet or ceases to meet any of the call requirements for reasons attributable to the CLIENT’s management, the CLIENT is obliged to pay KLEO 100% of the variable fees agreed for the corresponding file, plus applicable VAT.
If the competent body issues a provisional favourable resolution and on that date the CLIENT is not up to date with the legal, economic or administrative requirements demanded in the regulatory bases and corresponding call, and such issues cannot be remedied in time within the deadline, or if the CLIENT unilaterally decides not to accept the aid granted in that file and renounces it in whole or in part, the CLIENT is obliged to pay KLEO 100% of the variable fees agreed for the corresponding file, plus applicable VAT.
If the competent body issues a provisional favourable resolution and the CLIENT renounces it in whole or in part, or does not comply with the justification requirements or deadlines demanded by the granting entity, or renounces it in whole or in part, the CLIENT shall likewise be obliged to pay KLEO 100% of the variable fees agreed for the corresponding file, plus applicable VAT.
If the competent body issues a provisional favourable resolution and the CLIENT renounces it in whole or in part, and subsequently applies for and receives the same aid under similar conditions, the CLIENT shall likewise be obliged to pay KLEO 100% of the variable fees agreed for the corresponding file, plus applicable VAT, unless the CLIENT can prove that the obtaining of the funding occurred independently and without relation to Kleo’s management.
9.4. In the event of modification, correction or reconfiguration of the file for reasons unrelated to KLEO (for example, budget reduction, call changes, withdrawal or renunciation by the CLIENT), the accrued fees will remain due in full, unless otherwise agreed in writing.
9.5. Termination of the service by the CLIENT shall in no case entail exemption from payment obligations, and the CLIENT must pay the amounts agreed and due as stipulated in these General Terms and Conditions.
10.1. The parties undertake to respect at all times the intellectual and industrial property rights (including but not limited to all patents, copyrights, trade secrets, trademarks, industrial property rights, data models, software, methodologies, source code and all other proprietary and exclusive rights) already existing over the other party’s know-how.
10.2. The CLIENT authorises KLEO to use its logo for inclusion in its portfolio of clients and funded projects, as well as on its website. This authorisation does not constitute a transfer of any intellectual or industrial property rights of the CLIENT to KLEO.
10.3. The CLIENT may not use, in whole or in part, the reports, documents or calculations prepared by KLEO to obtain funding through third parties or by direct submission, unless expressly authorised in writing. Otherwise, KLEO may claim the variable fees established in these General Terms and Conditions as if the funding had been managed directly by KLEO.
11.1. Both parties undertake, during and after the provision of the services, to treat all information handled, information exchanged between them, as well as that obtained from the execution of the service, as strictly confidential, complying with the following obligations:
Use the confidential information solely for the development of the service relationship.
Allow access to confidential information only to employees and third parties who need the information for carrying out tasks derived from the provision of services, and only with respect to the information strictly necessary. The party granting access shall obtain the same confidentiality commitment from such individuals.
Keep all confidential information secret.
Store the confidential information in restricted-access areas, keeping it at all times separate from third-party confidential materials, to avoid any kind of mixture.
Have in place means and procedures to prevent loss of information, notifying the other party of any leaks of information of which they become aware, arising from the disloyalty of persons who had access to the confidential information. Such notification shall not exempt the disclosing party from liability, and if they fail to do so, they will be liable for all consequences of such omission.
Limit the use of confidential information exchanged between the parties to what is strictly necessary for the execution of the contracted service. Each party assumes responsibility for any improper use by themselves or their employees to whom they have granted access. These General Terms do not imply, under any circumstances, the granting of express or implied permission or rights for the use of patents, licences or copyrights owned by the party disclosing the information.
Not disclose any information referring to the business, clients, operations, facilities, accounts or procedures, methods, transactions or any other aspect related to the activity or which may be considered confidential.
Upon termination of the service for any reason, both parties undertake to return to the other party all documents, materials or media containing information that may be considered confidential and still in their possession.
11.2. The above obligations shall not apply to disclosures of information where and to the extent that such disclosure is:
Required by applicable law; or
Public knowledge or becomes such without negligence, wrongdoing or fault by the receiving party.
12.1. KLEO shall not use the personal data it processes for any purpose other than the provision of the services, nor shall it disclose them, not even for storage, to other persons except where necessary for performing its professional duties.
12.2. KLEO undertakes to adopt the security measures required by personal data protection legislation and regulations.
12.3. If KLEO uses the data for another purpose, discloses them or uses them in breach of these General Terms, it will be liable for the consequences of such infringement and will compensate the CLIENT for any damage caused.
12.4. In any case, both parties undertake to comply with the legislation and complementary regulations on personal data protection insofar as applicable to them.
12.5. Additionally and without prejudice to the foregoing, the CLIENT is informed of the following: (i) the personal data of the signatory of the service proposal will be incorporated into files and processing owned by KLEO; (ii) the purpose of such files will be the execution of the service provision as well as providing, improving and completing the offered services; (iii) the legal basis for using such data is the fulfilment of contractual obligations; (iv) the processing shall continue for the duration of the contractual relationship and subsequently for the applicable legal retention periods; and (v) the CLIENT may exercise their data protection rights to access, restrict, rectify, oppose or port their data at the email address [email protected].
13.1. The CLIENT acts as the DATA CONTROLLER and expressly authorises KLEO, acting as DATA PROCESSOR, to access the personal data under its responsibility that are necessary for the execution of the contracted services, which will not be used for purposes other than those set out in the contract and will always follow the CLIENT’s instructions.
13.2. For the correct provision of the required services, the CLIENT shall make available to KLEO the following types of data and categories of data subjects:
Employees: Identification data, economic and financial data, payroll details.
Clients: Identification, economic, financial, legal or tax data.
Suppliers: Identification, economic, financial data.
13.3. It is the CLIENT’s responsibility to collect personal data in accordance with legal requirements, provide the right to information at the time of collection, and process the data lawfully.
13.4. KLEO shall only disclose personal data it has access to, to public or private institutions and bodies responsible for granting the requested funding. Additionally, the CLIENT authorises KLEO to subcontract independent professionals for reviews and submissions of files for obtaining the requested funding lines. The subcontractor, also acting as a data processor, will be obliged to comply with the obligations set out in this document and the instructions of the CLIENT as data controller. It is KLEO’s responsibility to regulate the new relationship, ensuring the new processor is subject to the same conditions (instructions, obligations, security measures) and legal requirements regarding data protection and rights of the affected persons. In case of breach by the subprocessor, KLEO remains fully liable to the data controller.
13.5. Once the contractual relationship ends or expires, KLEO shall, at the CLIENT’s choice:
Return the personal data and, if applicable, the media on which they are stored. The return must include complete erasure of the data from KLEO’s information systems.
Destroy the personal data. Once destroyed, KLEO must certify the destruction in writing and deliver the certificate to the CLIENT. However, KLEO may retain a copy, duly blocked, for the period during which liabilities may arise from the execution of the contract.
13.6. Notwithstanding the above, KLEO may retain, duly blocked, any information used during the performance of the services in order to present justifications that may be required by public or private bodies involved in the requested funding, or while liabilities from the contract execution may arise.
13.7. KLEO undertakes to maintain professional secrecy regarding the personal data it has access to under this Contract even after the relationship between the parties ends, and guarantees that those individuals (staff or subcontracted personnel) who access the data for the purposes of this contract have signed a written confidentiality commitment and have received adequate awareness and training on personal data protection appropriate to their role, and can provide proof of such training.
13.8. KLEO has adopted the necessary technical and organisational security measures to ensure a level of security appropriate to the risk, according to Article 32 of the GDPR, and in particular has implemented security measures that allow:
Ensuring the confidentiality, integrity and availability of information and/or resources processed in the framework of the service provision.
Restoring availability and access to personal data in the event of an incident.
Regularly verifying, evaluating and assessing the effectiveness of the technical and organisational measures implemented to ensure the security of processing.
Pseudonymising and encrypting personal data where appropriate.
13.9. KLEO undertakes to make available to the CLIENT all necessary information to demonstrate compliance with the obligations set out in this Contract and in data protection law. Therefore, when requested by the CLIENT, KLEO will provide all necessary information and documentation to demonstrate compliance.
13.10. KLEO shall notify the CLIENT, without undue delay and in any case within a maximum of 36 hours, of any personal data security breaches of which it becomes aware, together with all relevant information for documenting and reporting the incident.
13.11. At least the following information shall be provided:
Description of the nature of the personal data breach, including, where possible, the categories and approximate number of affected data subjects, and the categories and approximate number of affected personal data records.
Description of the possible consequences of the personal data breach.
Description of the measures taken or proposed to remedy the breach, including, where appropriate, the measures adopted to mitigate possible adverse effects.
13.12. If it is not possible to provide all information at once, the information shall be provided gradually without undue delay.
13.13. It is the CLIENT’s responsibility to notify personal data breaches to the Spanish Data Protection Agency.
13.14. If KLEO receives any request from data subjects regarding their data protection rights, it must notify the CLIENT immediately and no later than the third business day following receipt of the request, together with any information that may be relevant to resolve it.
14.1. If for any reason any clause of these General Terms, or part of it, is declared null, invalid or unenforceable, or if an omission of information by either party is deemed to exist by a court or competent authority, the remaining clauses shall remain fully valid and applicable.
15.1. This Contract shall be governed by Spanish common law.
15.2. Electronic acceptance of these General Terms on KLEO’s platform constitutes express consent pursuant to Article 23 of Law 34/2002 (LSSI) and Regulation (EU) 910/2014 (eIDAS), and has the same legal validity as a handwritten signature.
15.3. For evidentiary purposes, KLEO will retain the CLIENT’s electronic acceptance records (date, time, IP address, version of the General Terms and payment or validation receipt on the platform), which will serve as full proof of contracting and acceptance of these Terms.
15.4. In case of discrepancy between these General Terms, the information displayed on the platform or any electronic or commercial communication, the General Terms and the accepted contract shall prevail.
15.5. In case of disagreement regarding the interpretation or scope of fees, financial conditions or stages of service, the literal interpretation of these General Terms shall prevail and, failing that, the interpretation most consistent with Kleo’s usual practice for services of the same nature.
15.6. For the resolution of any dispute or controversy arising from the interpretation, validity or application of this Contract, the Parties, expressly waiving their own jurisdiction, submit to the Courts and Tribunals of the city of Madrid.