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General conditions of contract

General conditions of the contract

I. PREVIOUS CLAUSES

1. The present conditions expressly regulate the relations between LLEIDANETWORKS SERVEIS TELEMATICS S.A., henceforward known as LLEIDA.NET, and the users of the services, henceforth known as THE CLIENT, renders any prior agreement that may exist between the parties void.

2. Access for the first time to the said services supposes the express acceptance of all these conditions.

II. CLAUSES APPLYING TO THE CLIENT

1. For the purposes of the present contract, CLIENT is that natural or legal person, who,with an adequate IT structure, contracts with LLEIDA.NET messaging services.

2. The status of subscriber is personal and non-transferrable, and may not be extended to third parties without the previous express consent of LLEIDA.NET.

3. In the event of service use by third parties authorized expressly by LLEIDA.NET, THE CLIENT shall instruct them accordingly over its use. Likewise, THE CLIENT shall be responsible for the utilization cost, and be answerable directly to LLEIDA.NET for any inappropriate use of the services.

III. RIGHTS AND OBLIGATIONS OF THE CLIENT

1. THE CLIENT will enjoy the right to the use of the services specifically contracted with LLEIDA.NET.

2. THE CLIENT is obliged to make the payments agreed, according to current rates, together with the corresponding VAT and on the dates stipulated.

3. THE CLIENT agrees to maintain the IT support essential for access to the services.

4. THE CLIENT is responsible for the correct use of the services, agreeing specifically to avoid any kind of action which could damage systems, equipment or services accessed directly or indirectly via LLEIDA.NET, including deliberately congesting links or systems, and in accordance with the specifications contained in the present general conditions

IV. CONTRACTING OF SERVICES

Contracting the services of LLEIDA.NET via its web page (http://www.lleida.net.net) following the below described steps:

1º. Enter identification and invoice details of the CLIENT.

In the event of the CLIENT is already enrolled in the service, but data is not correct, the CLIENT should contact Customer Service by phone, or by (+44) 203 397 85 68  |  (+34) 973 282 300 email clientes@lleida.net to update them.

2º. Payment. A Virtual Point of Sale is activated with a credit card to pay the credits.

3º. Confirmation of purchase. An email is sent to the address provided in step 1

4º. Delivery of invoice. Within 24 hours, the invoice will be sent in a pdf file to the provided email address.

V.TERM

1. The present contract has a minimum duration of ONE MONTH. It will be renewed automatically for similar periods of time so long as neither party has expressed, in writing, a month in advance, the intention of terminating the agreement.

2. LLEIDA.NET reserves the right to terminate the contract before it ends, for a justified reason, previously informing the customer ONE MONTH in advance. However, the advance notification will not be necessary, if under these terms and conditions, automatic termination ,deems appropriate .

VI. PRICE, CONDITIONS AND PAYMENT

1. THE CLIENT agrees to pay the subscription and use of services both by himsef or by a third person authorized or not by him, according to current rates, which he declares to know and accepts. These rates will be increased by the percentage corresponding to the applicable VAT.

2. Rates may be subject to revision at any time by LLEIDA.NET, which will be updated and available at http://www.lleida.net/tarifas.

3. Any delay in payment will result in the suspension of the service the CLIENT shall regularize the situation. LLEIDA.NET reserves the right to rescind the present contract without any obligation to previous warning if the payment is delayed for more than thirty calendar days from the date of the invoice.

4. The absence of payment on due date by the CLIENT will have the effect of being declared in default, after written notice from LLEIDA.NET, and will oblige the subscriber to pay interest on late payment from the moment it was due to be paid until the effective date of payment.

5. The interest rate applicable to the amounts due as default will be the EURIBOR at 30 days plus a margin of 0.5 percentage points if the delay with respect to the due date of the invoice is equal to or less than 30 days and the EURIBOR at 30 days plus a margin of 2 percentage points if higher. EURIBOR shall mean the figure published in the Official Gazette of the Bank of Spain for terms of one month on the business day following the date of expiration of the invoice.

6. If LLEIDA.NET provides any free services, they may be stopped without prior notice, and the CLIENT will not entitled to compensation for damages.

7. Payment of services contracted by the CLIENT will be made in advance by charging the credit card provided during the contracting process (VISA and Mastercard).

VII. TERMS OF USE

1. THE CLIENT shall have the right to use strictly the contracted services, being responsible for the content of the information that is transferred through them.

2. LLEIDA.NET grants the user a non-exclusive license to use their applications for personal use and for internal commercial purposes. The user may not distribute commercially, sublicense, resell or transfer in any case without the prior written consent of LLEIDA.NET, nor reproduce for these purposes the programs or any modification or derivation thereof, either alone or in conjunction with any other product or program. In addition, the user can not modify the programs except for their personal and own use for internal commercial purposes.

3. Electronic Trading Act.- THE CLIENT accepts, in accordance with clauses 21 and 22 of the LEY DE SERVICIOS DE LA SOCIEDAD DE LA INFORMACÍÓN Y DE COMERCIO ELECTRÓNICO (LSSICE) (Law of 11 July --- State Gazette 12 July 2002) that he may not use the services for the sending of mass mail (SPAM, publicity, promotional or commercial material) without the express consent or authorization of each and every one of the recipients, unless legally foreseen exceptions exist, as well as the sending of messages that by their finality or content can be considered contrary to the law, morality, good customs or constitutive of crime or fault and those that can damage the rights or the image of LLEIDA.NET or third parties.

4. THE CLIENT must follow the rules and terms of use of access to any other network of services through LLEIDA.NET.

5. THE CLIENT shall keep the access codes confidential, and change them if there is any suspicion of third parties having or obtaining unlawful knowledges of these. In such cases, LLEIDA.NET is fully empowered to change the access codes at the request of the CLIENT.

6. If THE CLIENT fails to comply with any of the aforesaid conditions of use or obligations. LLEIDA.NET reserves the right to interrupt the service immediately, informing the user that it must correct the cause of the defect so that the service can be restored. If the CLIENT fails to correct the defect within 15 days, LLEIDA.NET may can be considered a cause of termination of the contract, with obligation for the user to compensate with the payment of damages caused as a result of said defect.

7. The re-distribution of services to third parties without the prior written consent of LLEIDA.NET, is strictly prohibited.

VIII. SERVICES PROVIDED BY LLEIDA.NET

1. LLEIDA.NET will take care of the maintenance of the necessary facilities for the running of the services with the adequate technical and computer equipment.

2. LLEIDA.NET will not exercise any control over the content of the information flowing through its networks.

3. LLEIDA.NET reserves the right to extend or improve the services provided, without prior notification. Likewise, LLEIDA.NET reserves the right to change the means used to provide the service.

IX. CONFIDENTIALITY AND DATA PROTECTION

1. LLEIDA.NET informs the subscriber that the use of the services implies that the information linked to the messages is transmitted electronically through the SMS gateway managed by LLEIDA.NET and is stored in an automated log, to which the CLIENT can access to send and receive messages. The purpose of this log is solely to follow up and control, for billing purposes.

2. In compliance with clause 12 of the LEY ORGÁNICA 15/1999 of 13 December, governing of Personal Data Protection (State Gazette: 14 December 1999), LLEIDA.NET informs the subscriber expressly that his personal data will form part of an archive owned by LLEIDA.NET which undertakes to handle the personal information pertaining to the user solely for the aforementioned purpose, namely the managing of invoice-preparation and to provide him with information related to the activity of LLEIDA.NET and also to apply security measures required by Heading VII of the REAL DECRETO 1720/2007, of 21 December, approving the Reglamento de Desarollo de la LEY ORGÁNICA 15/1999, of 13 December, governing Personal Data Protection (State Gazette of 19 January 2008. Once the provision of services for THE CLIENT by LLEIDA.NET has concluded, the personal data will be removed from the log.

3. The CLIENT can access, rectify, cancel and oppose the processing of his data by writing, enclosing a copy of his ID, to LLEIDA.NET, at the PARC CIENTÍFIC I TECNOLÓGIC AGROALIMENTARI DE LLEIDA, EDIF. H1, PLANTA 2B, or by e-mail to lopd@leida.net.

LIMITATIONS OF LIABILITIES

1. LLEIDA.NET is not responsible for breaches of current legislation that as a consequence of an improper use of the service may commit THE CLIENT. If LLEIDA.NET should detect any such irregularity in the use of the service, it may rescind the contract without need for prior notification to the subscriber.

2. LLEIDA.NET shall not be responsible, either expressly or implicitly, of the adequacy of the services it provides to the actual needs of the CLIENT. Its inadequacy can not be the cause of resolution or refunds.

3. LLEIDA.NET is not responsible for the interruption of the service due to time limitations derived from the type of service subscribed.

4. The liability of LLEIDA.NET in any of the cases of non-compliance will be limited to the amount of the services provided subject to the claim.

5. Given that LLEIDA.NET depends on services by third parties for the correct provision of its own services, LLEIDA.NET declines all responsibility for loss or damage attributable to such third parties, and accepts responsibility solely for those caused by failure of its IT support or the negligence of its own, duly accredited, employees.

6. Since most of the facilities necessary for the proper functioning of the network depend on third parties,, LLEIDA.NET is not responsible for the results of said service. This includes routing errors ,loss of information or data, delays in delivery or unplanned interruptions in service.

7. LLEIDA.NET declines all responsibility related to the quality, accuracy, reliability, correctness of data, programs and information of any kind that circulate through their networks. The content of this information is the sole responsibility of the subjects who exchange it (sender and recipients).

.8. LLEIDA.NET will not respond in case of unauthorized use by third parties of the service.

XI. FINAL CLAUSES

1. Each clause of this contract is valid in itself and will not invalidate the rest. Any invalid or incomplete clause may be replaced with another equivalent and valid by mutual agreement between the parties.

2. In order to resolve any disputes arising from this contract, the parties submit to the institutional arbitration of the Tribunal Arbitral de Lleida, which is entrusted with the designation of the arbitrator or arbitrators and the administration of the arbitration, being obliged from now on to comply with the arbitration decision.

ADDENDUM. Definition of services

A1. Electronic notification services

In order to charge the customer registered messages, an SMS message up to 612 characters (without use of UNICODE characters), or a registered email up to 20 Mb attachments will be referred to as certified unit. Every 612 characters or every 5MB will be regarded as a one (1) certified unit. For registered ontracct services (SMS or email), the articles will be applied depending on whether the contract proposal has been answered, the total cost of the service being the sum of the two applicable articles.

The certificates generated by the electronic notification services are stored for a period of 5 years, included in the applicable tariffs.

Registered SMS service: Lleida.net, as a telecom operator, makes available to the user its network for delivering a short data message addressed to a mobile phone number and subsequently, it issues a digitally signed certificate with a time stamp that certifies the sender and the receiver number, the message content and the time of delivery, to the extent permitted by the interconnection network and the characteristics corresponding to the destination operator.

Registered email Service: Lleida.net, as a telecom operator and trusted third party, receives, delivers and reroutes an email from a sender to one or more recipients, generating a digitally signed certificate proving the sender’s email id, recipient’s email id, the content of the message and its delivery in the recipient mailbox.

Registered delivery service: Lleida.net, as a telecom operator and trusted third party, provides the client-user a trial email inbox to test incoming emails, and issues a digitally signed certificate.

Openum: a service that certifies whether an email message sent from the platform https://tools.lleida.net has been opened or read. This is certified by an access event to an url managed by Lleida.net where a PDF document is allocated.

A2. Electronic contracting services

In order to charge the customer registered messages, an SMS message up to 612 characters (without use of UNICODE characters), or a registered email up to 5 Mb attachments will be referred to as certified unit. For registered contract services (SMS or email) each message sent or each reply received will be considered as certified units.

SMS Contract Service: Lleida.net , as telecoms operator , makes available to the user its network for delivering and receiving the reply of a short data message addressed to a mobile phone number. Subsequently, Lleida.net issues a digitally signed certificate with a time stamp that certifies sender and receiver number, message content (both proposal and reply) and time of delivery, if at all possible.

Registered email Service: Lleida.net, as telecoms operator and trusted third party receives, delivers and reroutes an email from a sender to one or more recipients, generating a digitally signed certificate proving the sender’s email id, the recipient’s email id, the content of the message and its delivery in the recipient mailbox.

Connectaclick Basic: a service that certifies a contracting process launched from the platform https://tools.lleida.net, including an email certification and the certification of an event that occurs at an url managed by Lleida.net through which the proposal sent by email and its attachment in pdf format is accepted.

A3. Unregistered communications services

Regular SMS: Lleida.net as telecoms operator, provides a platform for sending SMS messages to mobile phones from all mobile operators, subject to the existing coverage at the time of the sending; either with numerical sender provided by LLEIDA.NET or with a customized alphanumerical sender (up to 11 characters). This service includes the possibility to receive the delivery report at the request of the user notifying the delivery report on all operators in which the service is supported. If the option of customized sender is selected (up to 11 characters) or a phone number other than the allocated to the user, it will not be possible to receive any reply. Not all mobile operators allow you to send SMS with customized sender, delivery is not guaranteed .

A4. Data validation services

Data validation: service to help you to set the information linked to a mobile phone using ENUM technology. Lleida.net will provide, depending on the contracted service, the following information:

  • Network: Checks the operator the fixed/mobile number belongs to (response- time <50 milliseconds).

  • Check all: Checks the operator and mobile number status (exists or not and if active).

  • Alert: Telephone status continuous monitoring(on / off). When the phone is active on the network, an alert is sent to the client.

Email Checker: Check the existence of an email address and report the result to the client.

ID verification/Stamp ID Lleida.net: Check the validity of the ID or passport by checking the integrity of the document through the MRZ code analysis. When using Stamp ID Lleida.net the results are sent by Registered email to the customer´s email address.