General conditions of contract
General conditions of the contract
I. PREVIOUS CLAUSES
- The present conditions regulate the agreement between LLEIDANETWORKS SERVEIS TELEMATICS S.A., henceforward known as LLEDA.NET, and the users of the services, henceforth known as THE CLIENT, cancelling any other previous agreement.
- Access for the first time to the said services presupposes express acceptance of all these conditions.
II. CLAUSES APPLYING TO THE CLIENT
- For the purposes of the present contract, CLIENT is that physical or juridical subject, who, disposing of an appropriate IT basis, stipulates a contract with LLEIDA.NET for the use of its message services.
- The status of subscriber is personal and non-transferable, and may not be extended to third parties without the previous express consent of LLEIDA.NET.
- 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
- THE CLIENT will enjoy the right to the use of the services specifically contracted for with LLEIDA.NET.
- THE CLIENT is obliged to make the payments agreed, according to current rates, together with the corresponding VAT and on the dates stipulated.
- THE CLIENT agrees to maintain the IT support essential to access to the services.
- 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 procedures
Contracting the services of LLEIDA.NET at (http://www.lleida.net) will take the following these steps:
- Entering identification data and invoice details of the CLIENT.
If the CLIENT is registered in the service, but the data is not correct, the CLIENT should contact Customer Service on (+44) 203 397 85 68 | (+34) 973 282 300 or by(+44) 203 397 85 68 | (+34) 973 282 300email to firstname.lastname@example.org.
- Payment of services. A Virtual Point of Sale is activated by means of credit card to effect payment of the required credits.
- Confirmation of purchase. An email will be sent to the address provided at step 1 of the confirmation of purchase
- Delivery of the invoice. Within the maximum lapse of 24 hours, the invoice will be sent in a pdf archive at the indicated email address.
- 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, and month in advance, the intention of terminating the agreement.
- LLEIDA.NET reserves the right to terminate the present contract before the end of term for a justified reason ONE MONTH in advance where, according to these conditions, automatic rescinding of the present contract is appropriate. However advance notification in cases where, under these conditions, proceed in automatic termination of this contract is not required.
VI. Price, conditions and methods of payment
- THE CLIENT agrees to pay the subscription and use of services both if used personally, or by a third party authorized by him, according to current rates, which he declares to have acknowledged and accepted. Such rates will increase by the corresponding percentage increase of the relevant VAT.
- The rates may be subject to revision at any time by LLEIDA.NET, which will be brought up to date and may be consulted on the website https://www.lleida.net/en/buy.
- Any delay in payment will result in the suspension of the service until such time as the CLIENT shall rectify the situation. LLEIDA.NET reserves the right to terminate the present contract without advance notice if the payment should be delayed for more than thirty calendar days from the date of the invoice.
- The absence of payment on due date of any amount by the CLIENT will have the effect of his being declared in default, after written notice from LLEIDA.NET, and will involve the subscriber in payment of interest calculated from the due date for payment to the effective date of payment.
- The rates of interest applicable to the amounts declared in default shall be EURIBOR at 30 days, plus a margin of 0.5 percentage points if the delay in relation to the due date of the invoice is equal to, or less than, 30 days, and EURIBOR at 30 days plus a margin of 2 percentage points if it is higher. Euribor means that published in the Official Gazette of the Bank of Spain for periods of a month from the first working day following the invoice’s due date for payment.
- If LLEIDA.NET should offer any free services, these may be withdrawn without previous notification, the CLIENT having thereby no right to compensation for loss or damages.
- The payment for services contracted by the CLIENT will be effected by charges to the credit card offered during the contractual process (VISA and Master card).
- THE CLIENT will have the right to use the contracted services taking responsibility for the content of the information transferred thereby.
- LLEIDA.NET offers the user a non-exclusive licence to employ its applications for personal and internal commercial uses. The user may not distribute commercially, sub-contract, re-sell or transfer in any way, without the previous consent in writing of LLEIDA.NET, nor reproduce for such purposes the programmes or any modifications or derivations thereof, whether singly or severally in conjunction with any other product or programme. Furthermore, the user may not modify the programmes except for his personal use or for internal commercial reasons.
- Electronic Trading Act.- The CLIENT accepts, in accordance with the provisions set forth in 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, save in exceptional cases as foreseen and laid down in the Act, together with the sending of mail whose purpose or content may be considered to be contrary to law, morality, and the socially acceptable, or may constitute a crime or offence, as well as those which may prejudice the rights or image of LLEIDA.NET or of third parties.
- THE CLIENT shall follow the regulations and conditions of access to any other network of services via LLEIDA.NET.
- THE CLIENT shall keep the access codes confidential, and change them if there is any assumption of third parties have known or unduly know thereof. In this case, LLEIDA.NET is fully empowered to change these access codes upon the request of THE CLIENT.
- If THE CLIENT should fail to comply with any of the aforesaid conditions of use or obligations. LLEIDA.NET reserves the right to withdraw service immediately, duly informing the user, who is obliged to correct the defect so that the service can be restored. If THE CLIENT fails to correct the defect within 15 days, LLEIDA.NET may regard this as cause for terminating the contract, with the user obliged to compensate financially any damages and loss caused as a result of the defect.
- The re-distribution of services to third parties without the prior express consent in writing of LLEIDA.NET, in writing,
VII. Services provided by Lleida.net
- LLEIDA.NET undertakes to maintain the facilities required for the correct functioning of the services with a trained technical and IT team.
- LLEIDA.NET will not exercise control over the information content carried on its networks.
- LLEIDA.NET reserves the right to extend or to 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
- LLEIDA.NET informs the user that utilization of services involves that the information conveyed by the message is transmitted electronically via SMS by LLEIDA.NET, and is filed in an automatized register to which THE CLIENT may also have access for sending and receiving of messages. This register is solely for invoicing purposes.
- 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 eliminated from the record.
- THE CLIENT may accede to, rectify, cancel or lay objection to the handling of his data by writing, together with a copy of his identity card, to LLEIDA.NET, at the PARC CIENTÍFIC I TECNOLÓGIC AGROALIMENTARI DE LLEIDA, EDIF. H1, PLANTA 2B, or by email to email@example.com.
X. Limitations of liabilities
- LLEIDA.NET cannot be held responsible for infractions of current legislation which may be committed by THE CLIENT through inappropriate use of the service. 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.
- LLEIDA.NET is not responsible, expressly or implicitly, for the adaptation of the services it provides to the real needs of the CLIENT. Its inadequacy may not be cause for resolution or for payment refunds.
- LLEIDA.NET is not responsible for interruption of service due to the limitation of hours derived from the type of service subscribed to.
- LLEIDA.NET's liability in any of the cases of non-compliance attributable to it, will be limited to the amount of the services provided that are the subject of the claim.
- Given that LLEIDA.NET depends on the services of third parties for the proper provision of its own services, LLEIDA.NET shall not be held liable for damages incurred due to their negligence, and only accepts responsibility for those duly accredited damages caused by the inadequacy of the Telematics means of support or the negligent conduct of its own employees.
- Given that the greater part of the facilities necessary for the correct functioning of the network depend on third companies, LLEIDA.NET is not responsible for the results of the service. This includes routing errors ,loss of information or data, delays in delivery or unplanned interruptions in service.
- LLEIDA.NET declines all responsibility connected with the quality, exactness, reliability, correctness of data, IT programmes or any other variety carried on its network. The content of such information is the exclusive responsibility of those concerned (senders or recipients).
- LLEIDA.NET will not be responsible for unauthorised use of the service by third parties.
XI. Final clauses
- Any provision of this contract is valid and shall not void the remainder. Any void or incomplete provision may be replaced with another equivalent and valid by mutual agreement between the parties.
- For the resolution of any dispute derived from this contract, the parties submit to the institutional arbitration of the Tribunal Arbitral de Lleida, which will designate arbiter and arbiters, and the administration of the arbitrage, with obligation as from now to comply with such arbitral decision.
ADDENDUM. Definition of services
A1. Electronic notification services
In order to charge the client registered messages, an SMS message up to 612 characters (without use of UNICODE characters),or a Registered Email up to 5 MB including attachments will be referred to as a certified unit. The maximum email size limit for emails and file attachments is 20 MB (4 certified units of 5 MB each). Each segment of up to 612 characters or 5 MB, will count as one (1) certified unit.
The documentary evidence generated by the electronic notification services are stored for a period of 5 years, included in the tariffs of the services Annex 2.
Registered SMS: Lleida.net, as telecom operator and trust service provider makes available to the user its network to deliver a short data message addressed to a mobile phone number and then issues a digitally signed document is with a time stamp that certifies sender and receiver number, message content and time of delivery, as far as the interconnection network and the characteristics corresponding to the destination operator allow it. The service varies depending on the typology criteria for calculating charges please contact Customer Service.
Registered email: Lleida.net as trust service provider, receives, delivers and reroutes an email from a sender to one or more recipients, generating a documentary evidence digitally signed proving the sender email address, the recipient email addresses, message content and the delivery and delivery to the mailbox of the destination server. An annex with information related to the access to the content of the Registered email is attached. This annex is generated automatically when the pixel inserted in the Registered email is downloaded. Since the download of the pixel is an action beyond the control of Lleida.net, it is not responsible for the information obtained through such download, or any damages that may arise from it. This service is also available to send REGISTERED INVOICE. Please contact Customer Service for more info.
Registered InboxLleida.net, as telecom operator and trust service provider, provides the client with an email Inbox for testing incoming emails, issuing a digitally signed documentary evidence. This service is also provided by Lleida.net as telecom operator through SMS.
Openum,Lleida.net as telecom operator certifies whether an email message sent from the platform https://tools.lleida.net or https://admin.openum.eu 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 client registered messages, an SMS message up to 612 characters (without use of UNICODE characters),or a Registered Email up to 5 MB including attachments will be referred to as a certified unit. The maximum email size limit for emails and file attachments is 20 MB (4 certified units of 5 MB each). Each segment of up to 612 characters or 5 MB, will count as one (1) certified unit. For Registered email contract or SMS contract each message sent or each reply received will be considered as certified units.
Registered SMS Contract: Lleida.net , as telecom operator and trust service provider makes available to the user its network for delivering and receiving the reply of a short data message to a mobile phone number. Subsequently, Lleida.net issues a digitally signed document with a time stamp that proves the sender and receiver number, message content (both proposal and reply) and time of delivery, if at all possible.
Registered email contractLleida.net, as telecom operator and trust service provider receives, in an electronic mailbox created for the client, an email to reroute it and deliver it, with the attached files if any, to a receiving email. The receiver has the possibility to reply to it and attach files. Once the reply is sent, a documentary evidence is issued proving the recipient's email address, the recipient's email address, the content of the message and delivery to the recipient's email Inbox and its response, if any, as well as all the attachments included in the process.
Connectaclick Basic: Lleida.net, as trusted service provider receives, certifies a contracting process sent from the platform https://tools.lleida.net, including an email certification and the certification of an action 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
SMS: Lleida.net as telecom 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. Should you choose customized sender option (up to 11 characters) or a phone number other than the assigned to the user, it will not be possible to receive any reply. Not all mobile operators allow you to send SMS with customized sender, so they will not have guarantee of delivery.
2-FACTOR AUTHENTICATION SMS (2FA) : Lleida.net as telecom operator, sends a text message with a One time password. This OTP should be entered in a landing page where a validation result is returned. One characteristic feature of this process is that the sender of the SMS does not know the OTP , nor does Lleida.net know where it is used from. The recipient of the message is the only one who knows it. Service available by API integration at https://api.lleida.net. This service may be provided via REGISTERED SMS.
MMS: Lleida.net as telecom operator, provides a platform for sending MMS 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 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. Should you choose customized sender option (up to 11 characters) or a phone number other than the assigned to the user, it will not be possible to receive any reply. Not all mobile operators allow you to send MMS with customized sender, so they will not have guarantee of delivery. Service available in registered mode.
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:
Check network: Checks the operator the fixed/mobile number belongs to (response- time <50 milliseconds).
Check All: Checks the operator and mobile number status (if exists and if active).
Email Checker: it checks the existence of an email address reporting the result to the client. Service available only through API.
eKYC OCR: The data of id documents are captured and returned for treatment. Service available only through API ( http://api.lleida.net/dtd/stampid/v2/es/).
eKYC Docs: Checks the validity of an id document through the analysis of the MRZ lines. By capturing the front and back of the document, the parameters of absence / presence of their security measures are validated, returning a report with the result of the analysis. Service available only through API ( http://api.lleida.net/dtd/stampid/v2/es/).
eKYC Photo: The validity of an identification document is checked by checking its integrity through the analysis of various elements. By capturing the front and back of the id document and a photograph of the holder, the parameters of absence / presence of the document's security measures and the correspondence of the photograph taken with that of the document are validated, returning a report with the result of the analysis . Service available only through API ( http://api.lleida.net/dtd/stampid/v2/es/).
eKYC Video: A distance identification procedure through video conference either with a live agent or stand alone, including the process of validation of documents
The service records the video conference and captures the front the back of the id document and the selfie via Web SDK solution. After the snapshot, identity validation parameters are obtained from the validation of the images, including facial biometrics. After the analysis, the system performs a validation of the parameters obtained, according to the business needs.
After the identification process the below documents are collected as documentary evidence:
a) Snapshot of the front of the identity document taken during the video conference.
b) Snapshot of the back of the identity document taken during the video conference.
c) Photograph of the person concerned taken during the video conference.
d) Date and starting time of the session.
e) Date and ending time of the session.
f) Validation result (positive or negative)
g) Geolocation of the person concerned according to the device used complete avoidance of (optional).
h) Technical details of the validation.
i) Video of the identification process.
The following parameters are validated:
Presence / absence of security measures of identity documents used in the identification process. Defining business rules to the client demand and acceptance levels based on the parameters attained
Correspondence of the photograph of the person concerned with the identity document used in the identification process based on the% of facial correspondence obtained.
The validation process of the parameters will be provided by the CLIENT, or as the case may be the final client.
Once the recording is finished, the previous data and the video generated, are collected in an electronic document (certificate) issued by Lleida.net as digital witness by which all the events that occurred during the process of identification by video conference are certified including the start and end date of the video conference session, name and number of the identity document of the person concerned, the result of the ID validation, the hash of the videos generated and as attachments the data described in the previous paragraph.
LLEIDA.NET offers the CLIENT different options of provision depending on the degree of automation of the video identification process:
a) Solo: The approval of the identification of the interested party is made automatically based on the parameters agreed between LLEIDA.NET and the CLIENT, and based on the parameters collected from the validation of the front, back and photograph of the identity document used in the identification process.
b) Post approval: The approval of the identification of the interested party is done manually by the CLIENT through the Back Office or API at his disposal and after the video conference, having as support material the data collected in it and the results of ID Cloud service.
c) Mixed: The approval of the identification is made automatically from the agreed parameters between LLEIDA.NET and the CLIENT. If these parameters are not met, approval passes to Post approval mode.
For integration, LLEIDA.NET will provide an SDK (Software Development Kit) that can be used by the CLIENT to adapt the solution to their flow and look & feel. This customization may be carried out by the end customer or by LLEIDA.NET according to the customer’s needs.
In the project definition phase, the parameters and values that are considered for the identification to be negative must be defined.
A5. CLICK & SIGN
CLICK & SIGN is a process that combines several Lleida.net services for signing documents. Upon starting the process with an SMS or Registered mail with an attached link, when accessing it, electronic signature events are held.
The elements used by the service are:
CLICK&SIGN START:The Registered SMS or email starts the process with a link to a landing page.
CLICK&SIGN OTP: the Registered SMS with the OTP .
CLICK&SIGN BASE: The process signature elements on the landing page can be: acceptance button, OTP, handwritten button. It includes 3 SMS and 10 reminder emails sent by unregistered email.
CLICK&SIGN REMINDER: Registered SMS or email to send as reminders to the signatory.
CLICK&SIGN UPLOAD FILES: unregistered event to upload files. Up to 5 files of 4MB each are allowed. Allowed files: pdf, jpg and png.
CLICK&SIGN REGISTERED UPLOAD FILES: registered event to upload files. Up to 5 files of 4MB each are allowed. Allowed files: pdf, jpg and png. Image files are stored compressed in the documentary evidence.
The process is configured by combining the previous elements, being able to parameterize various documents, signatories and levels of signatories.
The configuration should be done through API at https://api.clickandsign.eu. It allows several settings through the web platform at https://admin.clickandsign.eu.
At the end of the process a documentary evidence is issued with all the actions carried out for the signing of the document. The documentary evidence is stored by Lleida.net for 5 years.
Service that certifies whether an email message sent from the platform https://admin.openum.eu. has been opened or read. This is certified by an access event to a URL managed by Lleida.net where a PDF document is hosted. Service also available through API.
The elements used by the service are:
OPENUM START: the SMS or Registered Email that starts the process includes a link to a URL where the document or documents to be notified are hosted. Mandatory.
OPENUM BASE: Proves that the URL has been accessed. Mandatory.
OPENUM REMINDER: SMS, Registered SMS, email or Registered Email to send as reminders to the recipient. Optional.
At the end of the process a documentary evidence is issued with all the actions carried out for the signature of the document. The documentary evidence is stored by Lleida.net for 5 years. In the event that the process expires, a documentary evidence document is issued.
Base rates of the services
|Reference code||Description||Currency||UV||Unit value|
|1001||Credit top up||EUR||CRE||0,1180638|
|1003||Credit top up||EUR||CRE||0,0743801|
|1006||REGISTERED SMS CONTRACT. START||EUR||CRT||0,8260001|
|1015||REGISTERED SMS CONTRACT. -CLOSED||EUR||CRT||0,8260001|
|1029||REGISTERED INBOX ( SMS)||EUR||CRT||0,7000001|
|1031||REGISTERED INBOX (email)||EUR||CRE||0,0743801|
|1031||REGISTERED INBOX (email)||EUR||CRT||0,8260001|
|1033||REGISTERED EMAIL CONTRACT. START||EUR||CRT||0,8260001|
|1034||REGISTERED EMAIL - CLOSED||EUR||CRT||0,8260001|
|1064||REGISTERED SMS BY PARTS||EUR||CRT||0,3540001|
|1076||CLICK&SIGN RGPD SIGNED||EUR||UN||0,5800001|
|1075||CLICK&SIGN RGPD START EMAIL||EUR||UN||0,0400001|
|1074||CLICK&SIGN RGPD START SMS||EUR||UN||0,0700001|
|1087||SMS 2FA CERTIFICATE||EUR||UN||0,4724000|
|1088||REGISTERED SMS BY PARTS||EUR||CRT||0,3543000|
|1089||CLICK&SIGN UPLOAD FILES||EUR||UN||0,4130001|
|1090||CLICK&SIGN REGISTERED UPLOAD FILES||EUR||UN||0,8260000|
|1092||2FA REGISTERED EMAIL||EUR||UN||0,4724000|