X-Net Software Solutions S.L.
1. Identification of the parties.
These general contractual conditions of mifactura.eu (hereinafter, the APPLICANT) are subscribed by X-NET SOFTWARE SOLUTIONS S.L. (hereinafter the ENTITY), owner of said APPLICANT, with address at Street Magarza 8, Tabaiba, 38190 Santa Cruz de Tenerife (Spain), with CIF: B76712298, registered in the Commercial Registry of Santa Cruz de TENERIFE T: 3455 F : 64 I: 1 H: TF-57608, telephone 902550915, email: [email protected] At any time, the interested party can save or print these conditions and it is recommended that the user do so.
The website https://www.x-netdigital.com provides services whose main objective is to allow contact between users and the company, either to contact or to request quotes.
And, on the other hand, the CLIENT, whose personal data are those that have been entered by the same in the form that the ENTITY has made available to you through the URL https://www.x-netdigital.com/ All the data included in the aforementioned form has been entered directly by the CLIENT, so that the responsibility for the authenticity thereof corresponds directly and exclusively to them.
For the use of the present APPLICATION and the formalization of this contract through internet it is necessary to accept by the client, expressly, each and every one of the present general conditions, as well as all those particular conditions compiled for the use and / or contracting of certain specific services.
In case of not accepting these General Conditions of contract, the client must refrain from accessing and / or using the services and / or contents offered by the ENTITY.
This contract will become effective the same day the service is activated, as applicable:
- Free services: will be extended automatically, except when the customer of the service is withdrawn, or does not use it in a period exceeding 30 days.
- Payment services: will be expanded tacitly with the payment of the following invoice and will not be canceled while the client does not indicate it, in the case of promotions or free trials, the duration of the contract will be as follows. It is still indicated in the conditions of the promotion or free trial.
The ENTITY establishes that the data entered will be subject to automated processing, with the prior consent of the CLIENT and in compliance with the requirements of the Organic Law on Data Protection 15/99, of December 13.
Client: any individual or legal entity that completes the contract form and chooses any of the ENTITY services through its URL www.mifactura.eu, by telephone or in person before an agent authorized by ENTITY
Contract: contains all the clauses contained in this document, as well as any additional information about the particular service, chosen by the client, is collected in an explicitly updated way in the URL www.mifactura.eu or other URL owned by X-NET SOFTWARE SOLUTIONS SL.
Commercial content: the information on resources, applications, characteristics and prices of the services shown on the web www.mifactura.eu will prevail over what is included in this contract; For what is indicated in all aspects not mentioned above (commercial content), the provisions of this contract will prevail.
Servers: computer equipment leased or owned by X-NET SOFTWARE SOLUTIONS S.L. where the data and the information that the client develops in the APPLICATION are stored or stored.
2. Purpose and definition of the application.
X-NET SOFTWARE SOLUTIONS S.L., is a commercial entity whose main activity consists of: the creation, development, sale, maintenance, administration and exploitation of administration applications with web architecture, among others.
ENTITY offers the CUSTOMER the APPLICATION of business management to provide a tool to help you in the management of your company.
The technical characteristics of the APPLICATION, as well as the price that must be satisfied, come, at each moment, clearly determined in the URL www.mifactura.eu.
3. Conditions of access and use of the application.
3.1. Characteristics of the offered service:
The benefits included in the APPLICATION offered by ENTITY, including the price, mode and terms of payment, are defined in detail on the website www.mifactura.eu
The ENTITY reserves the right to charge an additional fee of 6.01 euros, 10% on amounts over 30 euros in the case of a bank refund, and temporarily block the service provided in case of any incident in the collection of the service, until the resolution of it and that the CLIENT is up to date with the payment.
All CLIENT will select one of the services offered, this operation being the contracting element of the service that entails the registration obligation.
ENTITY can modify the user name, password and security code, after notifying the user by email.
3.2. Technical access requirements:
To access the APPLICATION, the User must have access to the Internet and the equipment and computer systems necessary to connect to the Network, (the public network, the telephone, the telephone, etc.), to a modem or other similar device or similary access and a browser.
3.3. Denial and withdrawal of access to the APPLICATION and / or Services:
THE ENTITY reserves the right to deny or withdraw access to the APPLICATION and / or Services, at any time and without prior notice to Users who violate these General Conditions or infringe any of the precepts established by the Services Law of the Society of Information. and Electronic Commerce (LSSICE) or equivalent legislation.
3.4. Customer Management Module (CRM):
The CRM module is designed for companies that perform follow-up actions to their clients, to offer their products and services, never to provide marketing services to third parties or to carry out marketing actions such as SPAM, being the CLIENT responsible for the use of the tool.
The ENTITY reserves the right to attach at the end of each email a small text that indicates that the tool for sending is the APPLICANT.
In the prevention of frauds the following limitation applies: in the CRM module; sending 5000 monthly emails.
3.5. Hard disk storage:
The APPLICATION is designed to store and guarantee the integrity of the CLIENT's management data, with a maximum of 1000 MB (approximately 10 million records) as a sufficient database size for this purpose. However, if the CLIENT justifies it and requests it, the storage volume can be increased.
In case of defect in the software or service, the ENTITY undertakes to resolve it as soon as possible.
The ENTITY does not guarantee that the software are those that, in the opinion of the CLIENT, must be fulfilled.
The CLIENT will be responsible for the data entered in the databases of the application, as well as its registration in the Data Protection Agencies or any other legal aspect of the same, if necessary.
The CLIENT will be responsible for the realization of any type of illegal action, harmful to the rights.
The responsibility of the ENTITY in relation to the bad service or any breach of this contract will be limited to returning to the CLIENT a maximum of the payments made in the last twelve months by the CLIENT to the ENTITY.
The occasional interruptions made by the ENTITY due to the improvement of the service will be limited to the minimum necessary time and will be carried out during the time intervals of the minimum service consumption.
The ENTITY will not be responsible for the damages, either direct or indirect consequence of the use or the impossibility to use the service, in addition, the ENTITY will not be responsible for the defective provision or the interruption of the Service in the following cases without being a clausus number:
Causes of force majeure.
Negligence in the use of the application by the CLIENT.
Interruptions in the communications of the Data Center where the servers of the ENTITY are located, or of the communications of the CLIENT.
5. Data protection
Instructions and purpose of the treatment.
The ENTITY will only treat the personal data contained in the files or documents of the CLIENT in accordance with the instructions provided and with the sole purpose of proceeding to provide the services of the APPLICANT.
The ENTITY can subcontract parts of the service, such as the accommodation of the APPLICANT in a Data Center to improve the service, this information can be consulted at any time by the CLIENT when requested.
Compliance with security measures in accordance with the LOPD.
The ENTITY in the provision of the services contracted will comply with the relevant security measures in accordance with article 9 of the LOPD and Royal Decree 994/1999, of June 12, which approves the Regulation of Security Measures (RMS) that develop this precept. To determine these measures, the nature of the personal data sent to the treatment and the types of treatments performed should be taken into account, which will imply the adoption of all the basic, medium or high level measures, as appropriate, in accordance with the RMS. These measures must also be met by the CLIENT with respect to their own files containing personal data.
Obligation to return or delete information.
Once the contractual benefit has been fulfilled, the personal data object of the treatment that could be in possession of the ENTITY, must be returned to the CUSTOMER, as well as any support or document that contains personal data, or proceed to the elimination of that information benefit data that were not necessary for its return. All this without prejudice to the fulfillment by the service provider of the obligations derived from the Law of Services of the Information Society and Electronic Commerce, in particular, with respect to the conservation of connection data and traffic during the time exclusive marked by the standard.
Duty of secrecy.
The ENTITY is obliged to maintain professional secrecy with respect to the personal data object of the treatment, and must keep it secret during the treatment and after its completion, respond to the CUSTOMER in case of non-compliance without prejudice to the responsibilities that could arise before the Spanish Agency for Data Protection or directly from the interested party.
Likewise, the Parties agree to treat confidentially any other documentation or respective information that has the character of confidential or that by its nature is it.
Information to the labor personnel or external of the fulfillment of the LOPD.
The ENTITY undertakes to communicate to its employees, including employees of temporary employment agencies, the personal rights, the obligations established in the previous sections and, in particular, the secrecy obligations and security measures, or any other function. Which is derived from compliance with the principles and rights of the LOPD.
6. Termination of the contract.
The contract will end when, in addition to the legally established causes, there is one of the following:
a) Mutual agreement of the parties.
b) End of the initial period of duration or successive extensions.
c) Resolution for breach of any of the parties in the obligations derived from the Contract.
In accordance with the provisions of the Organic Law 15/1999 of December 13, Protection of Personal Data, the client is informed of the incorporation of their personal data in the automated files owned by the ENTITY, authorizing THE ENTITY to treat the data of which you have access as a result of navigation, consultation, request or subscription to any service, in order to offer advertising and promotional communications, and the services offered by the APPLICANT.
The user can exercise at any time their right of access, rectification, cancellation and opposition of their data, and revoke the authorization granted, notifying the person responsible for the file (X-NET SOFTWARE SOLUTIONS SL) by sending a letter addressed to the Client. Service, Magarza Street 8, Tabaiba, 38190 Sta Cruz de Tenerife (Spain).
8. Intellectual and industrial property.
The property and all intellectual property rights of the APPLICANT, as well as the structure, the operating schemes, the operating manuals, the associated documentation, the layout and the presentation of its contents will remain the property of ENTITY.
This property is protected by the laws on intellectual and industrial property, its reproduction, distribution, public communication and transformation are prohibited.
9. SLA: Service Level Agreement
This document defines the level of commitment that the ENTITY assumes to comply with the levels of quality service in terms of Acquisitions, Availability of Services and Customer Service.
Provisioning of the mifactura.eu service.
The time of provision of the service is defined as the time elapsed from the formalization of the online registration to the delivery or start-up of the service.
The ENTITY undertakes to fulfill the next level of service in terms of providing contracted services according to the modality chosen.
Availability of the mifactura.eu service.
The availability of mifactura.eu is defined as the time in which the application is available and is operative for the purposes of the service. The calculation of the availability will be made according to the following formula:
Availability (%) = ((6 months- Non-availability time)/6 months)X100%
The ENTITY undertakes to comply with the following level of service in terms of semi-annual availability of dedicated server services provided to the client:
The ENTITY has its own Customer Service (SAC) which guarantees an optimal communication management between the client and THE ENTITY, both in the provisioning and in the subsequent management of all aspects related to the service provided.
ENTITY is committed to meet the following quality levels, according to the classification of the client's request and the response time. 30 minutes.
These conditions are written in Spanish and are subject to current Spanish legislation. For any type of dispute arising from the use of the services offered or the content of the APPLICANT, the parties, with the acceptance of these Conditions, will submit to the Courts and Tribunals of Santa Cruz de Tenerife (Spain).