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PRIVACY AND TERMS

Contract conditions

PRIVACY AND TERMS

Contract conditions

Contract conditions

The present document regulates the contract conditions by which each user acquires the condition of client due to the acquisition of the Software under the following stipulations:

1. Object

With this contract the client concludes the acquisition of the software developed by VISUALNACERT, S.L., (hereafter visualNACert).

With the acquisition and installation of the software visuaNACert grants the client the non-exclusive, non-transferable right to use the Service and achieve their objectives related to the terms and conditions of this Contract. All the rights that are not granted to them explicitly will be kept by visualNACert and their licensees.

2. Contents of the service

The service will allow:

a) Access through the Internet (at the client’s expense) to the applications and users hired, using a web search engine in a non-exclusive and non-transferable way, with the use of an access key, for each one of the users. The access keys will be provided by visualNACert.

b) Access to the Phone Support service, always during working hours, according to visualNACert’s work calendar, without an assistance time limit and dedicated to resolving doubts or problems associated with the application’s use.

c) The client will receive, only for information, new functionalities that the application incorporates, either improvements or implementation of legal requirements, using to that effect exclusively the email as a communication channel.

It is NOT included in the contract of service leasing:

a) The adaptation of the Web application to the client’s special circumstances or to the new necessities emerged with use.

b) The incorporation of the necessary elements to adapt to the technological evolution in the user’s computer: new versions of the operating system, Internet search engine, hardware requirements, Internet connection, etc.

c) The necessary support services for the connection to the hardware service (hardware configuration) as well as the communication service (Internet access line, firewalls, proxies, etc.).

d) The travel costs of the technicians, if it were arranged as a consequence of the service delivery.

e) The necessary tasks to reestablish the previous situation derived from incorrect operations from the client’s part or a third party that cause losses of information, destruction or disorganization of files, restoration of backups, sending of information copies, etc.

f) The correction of anomalies attributable exclusively to the computer used, to deficiencies in the work conditions, as well as breakdowns of the main alternating current network or variations of it or of the communication provider and that therefore, have nothing to do with the program.

g) The necessary tasks to produce and/or restore the security copies in accordance with security policies different from the appointed by visualNACert.

3. Description and access conditions of the service

a) Access conditions: The client will receive for each hired user, a code and an access key in order to use the application exclusively through the Internet. At least the client will have a user with which to manage the data and the profile setting, as well as being able to use the functionalities of the application.

b) The users will be able to, through the Web application, treat all the provided data as indicated in the previous clauses, being able to carry out all the calculations and processes related with the field management.

c) The client will not be able to give licenses, give sublicenses, sell, resell, transfer, assign, distribute, exploit commercially in any other way or put the Service or the Content available to a third party.

d) The client will not be able to modify the service or the content nor fulfill jobs derived from them.

e) The user’s codes will not be able to be shared nor used by more than one individual User simultaneously, but they will be able to, in selected occasions, be reassigned to new Users that replace the previous Users that have ceased their work positions or their work category or function has changed and they no longer use the service.

f) The database provided by the client and the following data introduced by the client, through visualNACert’s Web application, belong exclusively to the client. They will be registered and stored in a server managed by visulNACert, in accordance with their public documents: Terms of Use and Data Privacy.

4. Service Level Agreement (SLA)

VisualNACert will do all the possible human and technological efforts so that its Management Platform is operating at least 99% (ninety-nine per cent) of the time, computed in monthly cycles. The time of inactivity is measured with percentages per month, calculating it with the following formula: % inactivity = Total minutes inactivity x 100/ Total minutes month.

In the hypothetical situation that the percentage of inactivity is over 1% (one per cent) of the monthly cycle, visualNACert will add the following month the import resulting from applying the reduced percentage of inactivity to the billed service fees during the period in which the incidence happened. In order to obtain said payment, the client must open an incidence through the e-mail account soporte@visualnacert.com asking for the opening of an incidence and asking for the credit they deem necessary. VisualNACert will ask its services provider a report, the result provided by said linked company will be used to calculate the inactivity periods.

5. Guarantee, civil liability and confidentiality

a) VISUALNACERT, S.L. is a company that applies a quality system inside the current technological limits, and it subjects its products to quality control before they are available to the users. However, even applying the quality system, the service of an application Web provided through the Internet can be subject to accidental circumstances, among them:

 

-Of errors in the server’s infrastructure, in the internet network and in other programs installed in the client’s computer from where they connect to the server.

-Of errors of calculation or other errors of impossible detection in normal simulation conditions in the web application.

 

b) It also will not be attributable to visualNACert the proper functioning of the equipment and systems of the client, no being attributable any responsibility because of this. It will not also be attributable the ceasing profit the client has stopped having due to errors in the client’s system. Because of this, it is under the responsibility and the due diligence of the client the hiring of the assurance that deems necessary to cover the situations excluded such as viruses, cyber-attacks to the client’s devices.

c) VisualNACert commits for an indefinite amount of time to keep secret and maintain the strictest confidentiality about all the information as a consequence of this contract.

d) VisualNACert will also not be responsible of the data that the application shows in the database the data provided by the Client. Because of this, the Client accepts that the hired service is a tool destined to compliment, but not substitute human work. This is why it is a responsibility of the user to conduct a sampling about the results obtained with the use of the application. In the event that the users detect any errors, they must communicate it to visualNACert to analyze it and, if possible, fix it.

6. Force majeure

None of the parts will be responsible over the other or over third parties for the damage and harm done by loses resulting from the delay or impossibility of the fulfillment of their legal or contractual obligations, in the case of any unexpected circumstance or expected but unavoidable because it is out of their control. With reference to the use of the service visualNACert does not guarantee: a) that they will fulfill all of the client’s expectations; b) that the stored data will be exact and reliable; c) that the provided services by other telecommunication operators, that make visualNACert’s service available, will not have vices or other hurtful behaviors. VisualNACert’s services can be object of limitations, delays and other incidences related to the use of the Internet and the use of electronic communication. VisualNAcert will not be responsible of the damages resulting from said incidences.

7. Modification of the terms and conditions

The products and / or services object to the contract are susceptible to variation, limitations, change and temporal or definite cancellation, based on the necessities, situation, evolution or fluctuations of the market, judged by visulNAcert’s management. VisualNACert keeps the right to modify at any given moment the terms and the conditions of this contract. The Client is responsible of reviewing periodically the contents of this contract with the goal of knowing the latest developments of the service.

The acceptance that is necessary in the process of the activation of the service and / or users, constitutes the consent and acceptance of the client to the clauses included in this contract.

8. Client’s responsibility

The client is responsible of:

a) The maintenance of the installation of their computer network. The client will install and maintain a correct electric installation to feed the internet supply and connection equipment. The applications of visualNACert will be designed to work with the latest technological requirements of hardware, software and communications widely accepted by the market’s standards, so the client must maintain their installation adapted to the technological evolution of the computer systems: new versions of operating systems, hardware requirements, update of software applications of other manufacturers related with the functioning of visualNACert’s applications, internet broadband, etc.

b) Providing the maintenance work. The client will provide the access of visualNACert’s specialists in the application’s web pages during the validity of the present contract, in order to provide the necessary support services.

c) All the activities carried out with their user accounts and with their use. Because of this, the client will be the sole responsible of the precision, the quality, the integrity, the legality and the reliability of its data. VisualNACert will not be under no circumstances responsible of the elimination, correction, destruction, damage or loss of the client’s data nor that the data has not been saved. Once finished the contract, visualNACert will provide the client with a data file of it during the 30 (thirty) days following the termination.

9. Prize and payment method

Before formalizing and perfecting the acquisition of the license, the Client will be informed of the price, payment method and expiration date of the hired services plus the taxes in force in each moment, reflected in the web portal.

Once executed the payment, the client will not be able to conduct any operations of withdrawal or refund request of the paid quantity.

10. Contract duration, contract cancellation

This contract will have a validity of a natural year from the acceptance of the present contract conditions. Once finished or resolved this contract and as long as it has not been because of a breach of the client, visualNAcert will provide a file data of it during the 30 days following the ending.

11. Contract termination

This contract will expire because of the general causes established by the Law and especially because of breach of the obligations contemplated in the same.

12. Legal jurisdiction

The parts, renouncing to their own legislation area, were they to have it, expressly submit to the Juzgados y Tribunales de la Ciudad de Valencia, to resolve there all the questions that could originate from the interpretation or execution of this contract.

Contact conditions

The present document regulates the contract conditions by which each user acquires the condition of client due to the acquisition of the Software under the following stipulations:

1. Object

With this contract the client concludes the acquisition of the software developed by VISUALNACERT, S.L., (hereafter visualNACert).

With the acquisition and installation of the software visuaNACert grants the client the non-exclusive, non-transferable right to use the Service and achieve their objectives related to the terms and conditions of this Contract. All the rights that are not granted to them explicitly will be kept by visualNACert and their licensees.

2. Contents of the service

The service will allow:

a) Access through the Internet (at the client’s expense) to the applications and users hired, using a web search engine in a non-exclusive and non-transferable way, with the use of an access key, for each one of the users. The access keys will be provided by visualNACert.

b) Access to the Phone Support service, always during working hours, according to visualNACert’s work calendar, without a time limit of assistance and dedicated to resolving doubts or problems associated with the application’s use.

c) The client will receive, only for information, new functionalities that the application incorporates, either improvements or implementation of legal requirements, using to that effect exclusively the email as a communication channel.

It is NOT included in the contract of service leasing:

a) The adaptation of the Web application to the client’s special circumstances or to the new necessities emerged with use.

b) The incorporation of the necessary elements to adapt to the technological evolution in the user’s computer: new versions of the operating system, Internet search engine, hardware requirements, Internet connection, etc.

c) The necessary support services for the connection to the hardware service (hardware configuration) as well as the communication service (Internet access line, firewalls, proxies, etc.).

d) The travel costs of the technicians, if it were arranged as a consequence of the service delivery.

e) The necessary tasks to reestablish the previous situation derived from incorrect operations from the client’s part or a third party that cause losses of information, destruction or disorganization of files, restoration of backups, sending of information copies, etc.

f) The correction of anomalies attributable exclusively to the computer used, to deficiencies in the work conditions, as well as breakdowns of the main alternating current network or variations of it or of the communication provider and that therefore, have nothing to do with the program.

g) The necessary tasks to produce and/or restore the security copies in accordance with security policies different from the appointed by visualNACert.

3. Description and access conditions of the service

a) Access conditions: The client will receive for each hired user, a code and an access key in order to use the application exclusively through the Internet. At least the client will have a user with which to manage the data and the profile setting, as well as being able to use the functionalities of the application.

b) The users will be able to, through the Web application, treat all the provided data as indicated in the previous clauses, being able to carry out all the calculations and processes related with the field management.

c) The client will not be able to give licenses, give sublicenses, sell, resell, transfer, assign, distribute, exploit commercially in any other way or put the Service or the Content available to a third party.

d) The client will not be able to modify the service or the content nor fulfill jobs derived from them.

e) The user’s codes will not be able to be shared nor used by more than one individual User simultaneously, but they will be able to, in selected occasions, be reassigned to new Users that replace the previous Users that have ceased their work positions or their work category or function has changed and they no longer use the service.

f) The database provided by the client and the following data introduced by the client, through visualNACert’s Web application, belong exclusively to the client. They will be registered and stored in a server managed by visulNACert, in accordance with their public documents: Terms of Use and Data Privacy.

4. Service Level Agreement (SLA)

VisualNACert will do all the possible human and technological efforts so that its Management Platform is operating at least 99% (ninety-nine per cent) of the time, computed in monthly cycles. The time of inactivity is measured with percentages per month, calculating it with the following formula: % inactivity = Total minutes inactivity x 100/ Total minutes month.

In the hypothetical situation that the percentage of inactivity is over 1% (one per cent) of the monthly cycle, visualNACert will add the following month the import resulting from applying the reduced percentage of inactivity to the billed service fees during the period in which the incidence happened. In order to obtain said payment, the client must open an incidence through the e-mail account soporte@visualnacert.com asking for the opening of an incidence and asking for the credit they deem necessary. VisualNACert will ask its services provider a report, the result provided by said linked company will be used to calculate the inactivity periods.

5. Guatantee, civil liability and confidentiality

a) VISUALNACERT, S.L. is a company that applies a quality system inside the current technological limits, and it subjects its products to quality control before they are available to the users. However, even applying the quality system, the service of an application Web provided through the Internet can be subject to accidental circumstances, among them:

 

-Of errors in the server’s infrastructure, in the internet network and in other programs installed in the client’s computer from where they connect to the server.

-Of errors of calculation or other errors of impossible detection in normal simulation conditions in the web application.

 

b) It also will not be attributable to visualNACert the proper functioning of the equipment and systems of the client, no being attributable any responsibility because of this. It will not also be attributable the ceasing profit the client has stopped having due to errors in the client’s system. Because of this, it is under the responsibility and the due diligence of the client the hiring of the assurance that deems necessary to cover the situations excluded such as viruses, cyber-attacks to the client’s devices.

c) VisualNACert commits for an indefinite amount of time to keep secret and maintain the strictest confidentiality about all the information as a consequence of this contract.

d) VisualNACert will also not be responsible of the data that the application shows in the database the data provided by the Client. Because of this, the Client accepts that the hired service is a tool destined to compliment, but not substitute human work. This is why it is a responsibility of the user to conduct a sampling about the results obtained with the use of the application. In the event that the users detect any errors, they must communicate it to visualNACert to analyze it and, if possible, fix it.

6. Force majeure

None of the parts will be responsible over the other or over third parties for the damage and harm done by loses resulting from the delay or impossibility of the fulfillment of their legal or contractual obligations, in the case of any unexpected circumstance or expected but unavoidable because it is out of their control. With reference to the use of the service visualNACert does not guarantee: a) that they will fulfill all of the client’s expectations; b) that the stored data will be exact and reliable; c) that the provided services by other telecommunication operators, that make visualNACert’s service available, will not have vices or other hurtful behaviors. VisualNACert’s services can be object of limitations, delays and other incidences related to the use of the Internet and the use of electronic communication. VisualNAcert will not be responsible of the damages resulting from said incidences.

7. Modification of the terms and conditions

The products and / or services object to the contract are susceptible to variation, limitations, change and temporal or definite cancellation, based on the necessities, situation, evolution or fluctuations of the market, judged by visulNAcert’s management. VisualNACert keeps the right to modify at any given moment the terms and the conditions of this contract. The Client is responsible of reviewing periodically the contents of this contract with the goal of knowing the latest developments of the service.

The acceptance that is necessary in the process of the activation of the service and / or users, constitutes the consent and acceptance of the client to the clauses included in this contract.

8. Client’s responsibility

The client is responsible of:

a) The maintenance of the installation of their computer network. The client will install and maintain a correct electric installation to feed the internet supply and connection equipment. The applications of visualNACert will be designed to work with the latest technological requirements of hardware, software and communications widely accepted by the market’s standards, so the client must maintain their installation adapted to the technological evolution of the computer systems: new versions of operating systems, hardware requirements, update of software applications of other manufacturers related with the functioning of visualNACert’s applications, internet broadband, etc.

b) Providing the maintenance work. The client will provide the access of visualNACert’s specialists in the application’s web pages during the validity of the present contract, in order to provide the necessary support services.

c) All the activities carried out with their user accounts and with their use. Because of this, the client will be the sole responsible of the precision, the quality, the integrity, the legality and the reliability of its data. VisualNACert will not be under no circumstances responsible of the elimination, correction, destruction, damage or loss of the client’s data nor that the data has not been saved. Once finished the contract, visualNACert will provide the client with a data file of it during the 30 (thirty) days following the termination.

9. Prize and payment method

Before formalizing and perfecting the acquisition of the license, the Client will be informed of the price, payment method and expiration date of the hired services plus the taxes in force in each moment, reflected in the web portal.

Once executed the payment, the client will not be able to conduct any operations of withdrawal or refund request of the paid quantity.

10. Contract duration, contract cancellation

This contract will have a validity of a natural year from the acceptance of the present contract conditions. Once finished or resolved this contract and as long as it has not been because of a breach of the client, visualNAcert will provide a file data of it during the 30 days following the ending.

11. Contract termination

This contract will expire because of the general causes established by the Law and especially because of breach of the obligations contemplated in the same.

12. Legal jurisdiction

The parts, renouncing to their own legislation area, were they to have it, expressly submit to the Juzgados y Tribunales de la Ciudad de Valencia, to resolve there all the questions that could originate from the interpretation or execution of this contract.