On the one hand, the company Mercantil Sudespacho Cloud S.L. (hereinafter SUDESPACHO ), with NIF: B-15879547, fiscal address at C / Costa Rica nº 5, 3º comercial Puerta A, 15004, A Coruña, and registered in the Mercantile Registry of A Coruña in volume 2698, General Section, to folio 142 page number C-30674 1st Inscription.
And of another THE CLIENT (natural or legal person who formalizes the contract by accepting the order in writing via e-mail);
Both parties, mutually recognizing the legal capacity to be bound, state that they are interested in entering into a service provision contract in accordance with the following GENERAL and PARTICULAR CONDITIONS.
1. Purpose and Scope of Contract
The purpose of the Contract Conditions is to regulate the contractual terms for the provision of the Services and the consideration due by the Customer to SUDESPACHO, as well as the use of the Service by the latter. The provision of the Services will be carried out through the obtaining, provision, organization, employment and management by SUDESPACHO of the technical, human and operational resources necessary for this purpose and, always and in any case, as consideration at the prices in force in every moment.
SUDESPACHO makes available to its Clients access to a series of online resources of different kinds, including but not limited to: Management applications, extranet for clients, Hosting, email, online backups, adaptation to the law of data protection.
All the Services offered by SUDESPACHO will be governed by the Contract Conditions set out here and by the Particular Conditions that may apply to each of the Services.
3.1 Request Details
The applicant is responsible for ensuring that the data included in the Contract Application, as well as other data related to the registration process, are truthful, accurate and complete, committing to communicate to SUDESPACHO all changes in them that are necessary for the management and maintenance of the contractual relationship, having to act with special diligence regarding the updating of the data related to your credit or debit card.
SUDESPACHO reserves the right to accept or reject any Contract, as long as:
(a) check that the data provided is contrary to the truth and / or inaccurate;
(b) consider that the request made: (i) does not comply with the terms set forth in the Contract Conditions and / or (ii) damages or could damage the corporate image of SUDESPACHO or was contrary to the commercial purposes pursued by it ; and
(c) has pending payment of a Service previously contracted with SUDESPACHO.
The denial of the provision of the Service will be made by email or postal mail to the addresses provided. The applicant whose request has been rejected by SUDESPACHO may request the services again, as long as the reasons that have led to their non-admission have been duly corrected or eliminated.
It will be understood that a Contract Request has been accepted when the applicant receives a confirmation of acceptance from SUDESPACHO or when the contracted Service is activated.
4. Rights and Obligations of SUDESPACHO
4.1. SUUDESPACHO will have the right:
(a) to charge the Customer the price for the provision of the Services;
(b) to introduce changes or technological improvements in the Services provided, as long as said improvements do not negatively affect the Client, or force an increase in the agreed prices;
(c) to access the Client’s facilities and dependencies where the equipment is located, upon acceptance by the client, to verify the correct operation of the contracted services and
(d) to interrupt the services to undertake all those tasks that it deems necessary and / or convenient in order to improve and / or restructure the same, as well as to carry out maintenance operations of the Service.
In the latter case, SUDESPACHO will use its best efforts: (i) to notify the Client, to the extent possible and with reasonable notice, of those periods of time in which the Service is interrupted and (ii) so that such interruptions minimally affect the Client.
SUDESPACHO undertakes (a) to provide the Services in accordance with the terms established in the Contract Conditions and (b) to make its best efforts to guarantee the provision of the Services uninterruptedly twenty-four (24) hours a day throughout the days of the year.
SUDESPACHO will try by all means to provide the Client with the Services on the agreed date, but will not be responsible for circumstances or events that are beyond its control, such as the delay, interruption or malfunction of the Services attributable to third party operators. or service companies, lack of access to third party networks, acts or omissions of Public Authorities or acts of God or force majeure.
4.3 Customer Service
The Customer Service consists of a telephone and / or online technical assistance service that includes a diagnostic service and an incident resolution service. The Customer Service Service is a service that SUDESPACHO provides to the Customer either through the telephones visible on the SUDESPACHO website, chat or email at times shown on the website without prejudice to the cost of the telephone call or transmission of data.
5. Rights and Obligations of the Client
The Client will have the right:
(a) to use the contracted Service in the terms and conditions agreed in the Contract Conditions and
(b) to receive information regarding the development and implementation of new and / or complementary functionalities to the contracted Services.
The Client agrees to:
(a) comply with the payment obligations in the agreed terms and conditions;
(b) collaborate actively with SUDESPACHO to make the provision of the Services possible, being obliged,
(c) not to use the Services to carry out activities contrary to the laws, morals, public order or to use the Services for illegal, prohibited purposes or effects, harmful to the rights and interests of third parties, SUDESPACHO declining any responsibility that could be derived from it.
6. Economic conditions
As consideration for the Services provided, the Client will pay SUDESPACHO the total amount resulting from applying the prices specified at all times on any of its websites, and in accordance with the order form that accompanies each contract, at the time that the Client requests the contracting of the Service. The marked prices may be reviewed by SUDESPACHO annually and automatically, in accordance with the upward variation of the CPI of the previous year. The prices do not include VAT in any case, so the Client undertakes to satisfy the corresponding VAT to the contracted Service. SUDESPACHO may issue the corresponding invoices through any means and / or system admitted by law.
Generally, payment for services and / or products will be accepted by bank transfer, paypal or bank receipt.
The cost of telephone consumption or of any other telecommunication service involving access and use of the Service as well as any costs and / or expenses unrelated to the mere access and making available of the Service will be borne solely and exclusively by the Client, who must make in front of them directly.
6.2 Reimbursable Expenses
The Client must also pay SUDESPACHO the reimbursable expenses, understanding by these, the amounts disbursed by SUDESPACHO as a result of justified consumptions made on behalf of the Client that exceed, where appropriate, those contracted, as well as the expenses of staff travel assigned by SUDESPACHO for the development of the services, plus the corresponding position, in the case of management of the services that would have been necessary to provide.
6.3 Reactivation of services
In case of return, delay or non-payment of the receipts, SUDESPACHO may suspend, at any time and without prior notice, all or part of the Services. SUDESPACHO, may charge the client in order to reactivate the service a monthly fee prorated annually of the amount of the service, with a minimum of € 46.39 (VAT included).
As a consequence of non-payment or delay in the collection of an item, SUDESPACHO will have the right to demand a surcharge of a minimum of € 20 (VAT included), without requiring any notice, all without prejudice to the expenses incurred as a result of a refund of the effect are greater, assuming the CLIENT the payment of all said expenses.
6.4 Right of withdrawal.
As established in article 71 of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16, as well as the provisions of Chapter III of Title III of Law 3/2014, of March 27, which modifies the revised text of the aforementioned Law, the Client will have a period of 14 calendar days to exercise the right of withdrawal from the conclusion of the contract without the need to any justification (in this case, from the acceptance of the economic proposal). Therefore, the withdrawal period will expire 14 calendar days 1 from the day the contract is concluded.
To exercise the right of withdrawal, you must notify us 2 of your decision to withdraw from the contract through an unequivocal declaration (for example, a letter sent by post, fax or email). You have the option of completing and sending us electronically the model withdrawal form published in the BOE ( https://www.boe.es/diario_boe/txt.php?id=BOE-A-2014-3329 ) or any other unequivocal statement through an e-mail to: email@example.com . If you use this option, we will notify you as soon as possible and on a durable medium (for example, by email) of the receipt of said withdrawal. To meet the withdrawal period, it is sufficient that the communication regarding the exercise by you of this right is sent before the corresponding period expires.
Consequences of withdrawal: In the event of withdrawal on your part, we will refund all payments received from you (if you have already made them), without any undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to make said reimbursement using the same means of payment used by you for the initial transaction, unless you have expressly provided otherwise; in any case, you will not incur any expenses as a result of the reimbursement.
If you have requested that the provision of services begin during the withdrawal period, you will pay us an amount proportional to the part of the service already provided at the time you have communicated your withdrawal, in relation to the total object of the contract.
You can download the withdrawal form models in Law 3/2014, of March 27, published in BOE No. 76 of March 28, 2014 (pages 26995 to 26996): https://www.boe.es/buscar/act.php?id=BOE-A-2007-20555
Rules of Use
The provision and maintenance of the contracted Service, will be understood, in any case, subject to strict compliance by the Client with the terms contained in the Contract Conditions or, where appropriate, in any others that may result from its modification. Specifically, as a general rule, the Client undertakes, in relation to the Services, and as the case may be, to:
(a) Always act in accordance with the law, good customs and the requirements of good faith, using the appropriate diligence to the nature of the contracted Service, refraining from using said Service in any way that may prevent, damage or deteriorate the normal operation of the same or the rights of SUDESPACHO or the rest of its Clients, users and / or in general of any third parties.
(b) Use the assigned equipment, systems and resources only in accordance with the uses for which they were intended and without causing any direct or indirect harm or damage to them.
(c) Not to disturb, impede, interfere, distort or damage the assigned equipment, systems and resources, as well as those of third parties, or the services provided by the remaining SUDESPACHO clients.
(d) Observe all the rules and conditions that SUDESPACHO may impose on the use of the equipment, systems and resources assigned in order to provide an optimal and adequate Service.
(e) Not to use the equipment, systems or resources of SUDESPACHO, or the contracted Services themselves, to carry out activities contrary to the law, morals, or public order. Likewise, the Client undertakes not to use the Service for illicit, prohibited or harmful purposes or effects of the rights and interests of third parties, SUDESPACHO declining any responsibility that may arise from this.
By way of example, and not limiting, the Client will not carry out activities through, or through, the contracted Service, that imply the infringement of the regulations on telecommunications, intellectual property, industrial property, competition, unfair competition, advertising, protection of rights to honor, personal and family privacy, self-image, privacy, protection of personal data, freedom of expression, freedom of opinion, freedom of information, or other rights of a similar nature. Likewise, the Client will not store or transmit through SUDESPACHO’s equipment and systems, data that in any way violates the protection of children, youth or women, provides information or data that, in any way, may represent a risk to the health or physical or mental integrity of third parties or imply a risk of damage to their property, as well as in general, that infringe rights or obligations of a civil, criminal, administrative or any other nature.
8. Duration and Termination
8.1 Period of Validity
The contractual relationship between SUDESPACHO and the Client will come into force on the same day that SUDESPACHO notifies the Client of the acceptance of the Contract Request, or from the moment SUDESPACHO proceeds to activate the contracted Service, understanding its indefinite duration. Notwithstanding the foregoing, the minimum contract for the Service will be 1 year.
At the end of the initial period of one year, the Service will be understood to be automatically and tacitly extended for successive periods equivalent to the initial period of duration contracted, unless either of the Parties expresses its will contrary to any of its extensions, by means of prior notice sent in writing. , at least one (1) month before the first calendar day of the month in which the initial contracting was made.
Notwithstanding the foregoing, the Client who wishes to migrate the contracted Service to a higher level contracting plan may do so at any time, the mere communication in this regard to SUDESPACHO being sufficient for this purpose.
8.2 Early Termination: the Client
The Client has recognized the power to terminate the contractual link that binds him to the Client at any time in the event that he finds and / or accredits that the Client breaches any of the terms established in the Contract Conditions, being sufficient for this purpose the Notification to the Client at least ten (10) days in advance, in accordance with the terms established in this contract
These Contract Conditions, in relation to each of the Services that may be applicable in each case, stipulate that the commercial relationship will end for the causes admitted both in the Civil Code and in the Commercial Code and, specifically, by the following :
(a) by the expiration of the term or any of its extensions;
(b) by mutual agreement between the parties expressly stated in writing;
(c) Due to breach by the beneficiary of the agreements and conditions specified in this contract and,
(d) for the early termination of the Contract Conditions in accordance with the terms and conditions that are developed in the following clause. In any case, the termination of the contractual relationship will not exonerate the parties from the fulfillment of the pending obligations.
SUDESPACHO may also cancel, block, withdraw or suspend at any time and without prior notice the provision of the contracted Service, or end the existing contractual relationship, in the event that: (a) it has effective knowledge that the The use that the Client makes of the contracted Services is illegal or that it harms the property or rights of a third party or (b) receives a notification informing him that the use that the Client makes of the contracted Services may constitute an activity criminal in accordance with the legislation of the country of origin of the issuer of the notification, provided that SUDESPACHO, prior to any cancellation, blocking, withdrawal or suspension, has verified and / or verified the veracity of said information, regardless of whether or not it constitutes crime in accordance with Spanish law. Likewise, SUDESPACHO may retain any type of evidence on the information, the registration data and the content of the information stored and / or managed when it is formally required by a competent authority in the matter.
In this case, the cancellation of the Service may imply its deactivation and the loss of stored and / or managed information. If for any reason the Customer’s credit or debit card is not valid or if for any reason the charge cannot be made or it is repudiated, SUDESPACHO may delete the information stored on their computers once the notification period has elapsed. above mentioned (10 days).
In no case will the early termination of the existing contractual relationship imply the return of the Service fees paid by the Client to SUDESPACHO once the period for exercising the right of withdrawal or its exceptions has ended.
8.3 Early Termination: the Client
The Client has recognized the power to terminate the contractual link that binds him with SUDESPACHO at any time in the event that he considers that SUDESPACHO breaches any of the terms established in the Contract Conditions, the notification by the Client to SUDESPACHO being sufficient for this purpose at least ten (10) days in advance, in accordance with the terms established in this contract. However, the Service will not be deemed to be canceled until the Client has received confirmation from SUDESPACHO. Once this period has elapsed and the appropriate cancellation has been made, SUDESPACHO may proceed to delete the Client’s information stored on their computers.
In no case will the early termination of the existing contractual relationship imply the return of the Service fees paid by the Client to SUDESPACHO (except for the exercise of the Right of Withdrawal in accordance with the provisions of these General Contract Conditions). Likewise, in the event that the Client wishes to cancel the Service before the minimum contract period of one year, the Client must pay the corresponding amounts for said period.
SUDESPACHO reserves the right to modify or replace these Contract Conditions at the expiration of the contract (as long as the economic terms or the agreed levels of performance are not substantially modified) without prior notice as a consequence of: (a) the technical evolution of the market; (b) any technical, functional and operational improvement that allows an improvement in the provision of the Service; (c) new economic and / or commercial circumstances that advise it or (d) the evolution of the laws, regulations and rules of application to the provision of the Service and / or aspects related to them.
In the cases not foreseen in the previous paragraph, SUDESPACHO will notify the Client of the new Contract Conditions. In the event that, within ten (10) days after the notification of the new conditions, the Client rejects them in writing, the provision of the Service will be automatically terminated. After the aforementioned period has elapsed without the Client having stated otherwise in writing, it will be understood that he accepts the new Contract Conditions
10. Service Guarantees
SUDESPACHO will make all reasonable efforts to try to guarantee the availability and accessibility of the Service twenty-four (24) hours a day every day of the year (with the exception of the Data Protection Service, which will be available during business hours). SUDESPACHO undertakes to make every effort to maintain an acceptable level in the fulfillment of its contractual obligations, but cannot guarantee, explicitly or implicitly, the continuity of the Service at any given time, the integrity of the information stored, processed and / or transferred in / or through your equipment and systems. SUDESPACHO is not responsible for the access, authorized by the Client, of third parties to the Client’s information stored on the equipment / servers of / by SUDESPACHO, nor for the loss or corruption of the same due to or as a result of said access authorized by the Client. .
Notwithstanding the foregoing, the Client declares to be aware that the availability of the Service may be conditioned by causes of various kinds, including, without limitation: (i) involuntary failures in the technological architecture of SUDESPACHO or of any third parties contracted to the effect, (b) periodic procedures for maintenance, repair, updating or improvement thereof, as well as (c) causes of force majeure or any other that were beyond the control of SUDESPACHO, which include, without limitation, interruptions or failures in digital transmission or telecommunications links, congestion at access points originated or caused by cases of intentional attacks or by any other causes.
Likewise, the supply of new connections, changes of address and updating of necessary maintenance operations that, in general, imply the suspension of access or use of the Service may cause interruptions for the time it is necessary to undertake said tasks.
SUDESPACHO may temporarily interrupt the access or availability of the Service by the Client for security reasons or due to restructuring of its computer resources in order to improve the provision or configuration thereof. In any case, SUDESPACHO will make its maximum efforts so that such interruptions affect the Client in a minimal way. Likewise, SUDESPACHO will make its best efforts: (a) to notify the Client, to the extent possible and with reasonable advance notice, of those periods of time in which the Service is interrupted and (b) so that such interruptions affect the minimum form to the Client. SUDESPACHO will not be responsible for those interruptions to the Service that occur as a result of force majeure events, or causes that are beyond its control.
11. Liability regime
SUDESPACHO will not be responsible for problems derived from lack of access or problems inherent to Internet connectivity or electricity networks when these originate from causes beyond its control or causes that could not have been foreseen by the Parties. or that even though they are foreseeable, SUDESPACHO has made all reasonable efforts to avoid them or that they were considered as fortuitous causes or force majeure.
11.1 Third Parties
The Client is solely responsible for any claim or legal, judicial or extrajudicial action, initiated by third parties both against the Client himself and against SUDESPACHO, regarding the infringement of the rights of third parties and / or applicable regulations that derive from the use illicit of the contracted Service, the Client assuming all expenses, costs and compensation are incurred to SUDESPACHO due to such claims or legal actions.
Except in cases of malicious and negligent action, SUDESPACHO will not be liable to the Client, nor to their clients, for any damage derived from these cases, including: total or partial loss of information, inability to access Internet, or inability to process, transmit or receive information caused by delays or interruptions in service.
SUDESPACHO will not be in any way responsible for damages, loss of business, income or profits, consequential damage, loss of profits, deterioration or destruction of information that may arise from the provision of the Service. Unless the contrary is expressly imposed in this Contract or in the Law, and exclusively to the extent and extent to which it is imposed, SUDESPACHO will only be liable for direct damages suffered by the Client, and only when they have been caused directly by SUDESPACHO .
SUDESPACHO will be exempt from any type of responsibility towards the Client, its clients and third parties in the cases in which the anomalies are due to actions or omissions directly attributable to the Client, its clients, contractors, tenants, representatives, assignees or employees, or staff that depends on him or is at his service, including those that are a direct or indirect consequence of the misuse or improper manipulation of the equipment, systems and resources by personnel other than the Client, of the lack of any permission both for the installation and for modifications of the technical characteristics of the installed equipment imputed or attributable to the Customer.
SUDESPACHO will not be liable for problems arising from lack of access or problems inherent to connectivity when it or these originate from causes beyond its control or causes that could not have been foreseen by the Parties, or that were considered as causes of force majeure, or causes that are beyond your control.
SUDESPACHO does not guarantee the absence of any foreign elements that may cause alterations in the Client’s computer equipment and applications or in the electronic documents and files stored or transmitted from SUDESPACHO’s equipment and systems.
SUDESPACHO does not intervene in the creation, transmission, or making available of the information or services disseminated, provided, stored, received, obtained, made available, or accessible through or through the equipment, systems and / or resources made available to the Client, not exercising any kind of prior control or guaranteeing their legality, infallibility and usefulness, consequently declining any responsibility that may arise from it.
The Client exonerates SUDESPACHO of any responsibility related consequently to said information or services.
Any Client who deposits information on SUDESPACHO’s computers, in the form of web pages, or in any other way that allows access by third parties, will not, by virtue of such act, become a partner or collaborator of SUDESPACHO, but will be an independent publisher or publisher of content. By connecting the server to the network, SUDESPACHO does not become the publisher or distributor of the information deposited by the user in the SUDESPACHO system, and therefore, it does not assume any responsibility for the damage that said content may cause to other users. The Client acknowledges that the information that can be accessed through the access service is the responsibility of the person who prepares it. Consequently, SUDESPACHO will not be responsible in any case and under any circumstances for the content of the information of third parties to which the Client can access, nor for the damages that the Client may suffer by virtue of said third-party information, regardless of that access to such information is made through links, direct or consecutive, whose origin is found on the SUDESPACHO web pages.
Likewise, resources that are outside the control of SUDESPACHO are considered, among others, the programs, texts and data of the users, the unmoderated newsgroups of the server itself, the newsgroups of other servers, the chats, the distribution lists, the FTP accounts and Telnet that the Client can make available to third parties using the Services provided by SUDESPACHO.
SUDESPACHO expressly declines any responsibility in relation to the introduction into the Client’s equipment and / or systems and / or in the information of computer programs or third-party materials that contain a sequence of instructions or indications that may cause harmful effects to the Client’s computer system , including, but not limited to, «computer viruses», «Trojan horses», errors in functionality and operability («bugs»), «time bombs», «cancelbots», etc.
11.4. Limitation of Liability
In any case, the parties agree that the maximum amount of responsibility that could be attributed to SUDESPACHO, under this Contract, will be given by the total of the amounts paid for the provision of the Service during the course of the last year.
The responsibility of SUDESPACHO in relation to this Contract will not cover any consequential damages or lost profits that, where appropriate, are caused to the Client. The responsibility of SUDESPACHO for any dysfunction or malfunction of the Service or, in general, for any damages or losses caused as a result of its use will be limited to the amount actually paid by the Client, except for all malicious and negligent conduct of SUDESPACHO, duly verified and declared by the Courts.
12. Fortuitous Event and Force Majeure
None of the parties will be responsible for the delay in the execution of its obligations or for the non-execution of the same (except for non-compliance with payment to the other party) if this non-compliance was motivated by acts of God or force majeure reasons, in accordance with what is established in article 1,105 of the Civil Code. This circumstance will be communicated to the other party in the shortest possible time. The agreed delivery times will be extended by at least the period of time that the force majeure has lasted. If the cause of force majeure lasts for more than three (3) months, either party may resolve these Contract Conditions. SUESPACHO will not be responsible for delays or failures that occur in the operation of its technological architecture, as well as of interruptions or malfunction of the Service, when they originate from breakdowns caused by natural disasters such as earthquakes, floods, lightning or fires, force majeure situations, extreme emergency situations such as wars, military operations, civil disturbances, strikes, closures employers, or is beyond their reasonable control.
For these purposes, the following elements are considered outside the reasonable control of SUDESPACHO, by way of example, not limitation:
13. Intellectual Property
The Client acknowledges that the entry into force of the contractual relationship that derives from the acceptance of the Contract Conditions does not imply any type of representation, delegation, guarantee or other provisions other than those expressly described in the technical and functional characteristics indicated electronically for the service.
Each of the parties recognizes the ownership of the other or of any other third parties with respect to all their intellectual and industrial property rights, and over other similar rights over elements, technology, know-how, trademarks, logos and any other element, creation , invention or distinctive sign of their property.
The technical or preparatory documentation, works, computer programs or any other intellectual creation used by SUDESPACHO for the provision of the Service will be the property of SUDESPACHO or their respective owners. The provision of the Service does not imply, therefore, any transmission and / or assignment of any rights that may fall on these creations in favor of the Client. The Client accepts and declares that with respect to said creations there are or may be license terms that must be accepted and respected in their entirety.
13.3 Content Backup
In order to guarantee the purposes of this Contract, the Client authorizes SUDESPACHO to make backup copies of the information delivered and / or stored by the Client in the SUDESPACHO infrastructure during the period of time in which the provision of the Service is still active. .
14. Confidentiality Agreement
Without prejudice to what the applicable law provides in relation to the disclosure of these Contract Conditions to the competent authorities, the parties assume the strictest duty of confidentiality regarding the content of the conversations, negotiations and actions related to their object, as well as such as the information, data and / or documents supplied by the Client to SUDESPACHO for the provision of the service, committing not to disclose, neither totally nor partially, its content to third parties without the prior written authorization of the other parties.
15. Personal Data Protection Policy
15.1. Data provided in the Contract Application
15.1.1 Personal Data, purposes and legitimation
When completing the Contract Application, the applicant may provide personal data. SUDESPACHO guarantees that all personal data collected through forms, e-mails or by telephone will be used in the manner and with the limitations and rights granted by the data protection regulations. Sudespacho.net will treat the personal data that the User / client provides for the purposes indicated below, to the extent that there is a legal basis for each treatment as explained:
(a) Guarantee the User / Client access and use of the application.
(b) Manage purchases, contracts and requests made by the User / Client, and therefore carry out adequate administrative, fiscal and accounting management.
(c) Inform the User / Client by any means, including sending commercial communications to the email address that the User, if applicable, provides, of products and services similar to those acquired or of other products that may be of interest to them. .
(d) Carry out promotional activities, including sending commercial communications to the email address provided by the User, of products or services of third party companies in the group, in the following sectors: legal publishing, legal databases, training, fairs and IT events, software and services.
When contracting our products, Sudespacho.net will only collect those data that are strictly necessary, and in the event that there is non-mandatory personal data, you will be duly informed.
In the event that you only request information about our products or services, consent will be requested for the inclusion of your data in our databases for the purposes (c) and (d)
15.1.2 Informed Consent
By sending the Contract Request or making their data available, the applicant expressly accepts the treatment of the same by SUDESPACHO in order to manage and evaluate the request made and, in the event that said request is accepted , to manage the registration, provision and billing of the requested Service and the maintenance of a historical record of all the above.
The applicant authorizes SUDESPACHO for the use and computer processing of the personal data provided for the purposes indicated above. The data may be provided to other entities with a regulated relationship with SUDESPACHO to enable the provision, control and billing of the service (see section 15.4 of this document).
15.1.3 Exercise of Rights
The person who owns the personal data may exercise their rights of access, rectification, opposition, cancellation and limitation of treatment, in accordance with the provisions of current regulations on personal data protection (see section 15.4 of this document) .
15.1.4 Conservation periods
Sudespacho.net will keep the data of its Users / Clients for the duration of their contractual relationship and subsequently for compliance with legal obligations. Likewise, both the data of former clients or users will be kept for the performance of promotional actions for a period of 5 years, not being kept longer than necessary for the purposes indicated above, without prejudice to the conservation that is necessary for the formulation , the exercise or defense of potential claims and / or whenever permitted or required by applicable law.
15.2. Stored Personal Data
15.2.1 Responsible for the File
The information that the Client will incorporate into SUDESPACHO’s equipment and / or systems may contain personal data. In this case, the Client declares and declares that he is the Responsible for the personal data file when deciding on the purpose, content and use, as well as the treatment thereof.
15.2.2 Person in charge of the Treatment
SUDESPACHO and the Client, for the purposes of complying with the obligations contained in the data protection regulations, declare and declare that the regime and nature of the processing of personal data that the stored information may incorporate is an access to the data on behalf of third parties, considering SUDESPACHO as the Data Controller of the data for which the Client is the Responsible.
SUDESPACHO, or the company that contracts for this purpose, as Treatment Manager, will treat the personal data incorporated exclusively on behalf of the Client, in accordance with the terms and conditions that arise from the provision of the contracted Service itself. Thus, SUDESPACHO undertakes to:
(a) Carry out the essential technical procedures that are a consequence of the development of the contracted Service.
(b) Not to apply, or use, or disclose personal data for purposes other than those derived from the Contract.
(c) Not communicate or allow access to personal data to any third party, except for those employees who cannot fulfill their obligations without having access to them. Said persons must be bound to keep it confidential.
(d) Destroy or eliminate the stored personal data or any media or documents in which these are incorporated at the end of the treatment, by express request and in writing of the Client or in case of withdrawal request or situation of effective non-payment and not rectified by the Client. SUDESPACHO informs and guarantees that said destruction or elimination of Personal Data will be carried out within a period of no more than six months.
The obligations derived from this clause will expire when the personal data has been completely erased or eliminated from the data storage equipment or in any way, destroyed or rendered inaccessible.
Any treatment of personal data apart from those expressly derived from the fulfillment of the Contract, is expressly excluded.
15.2.3 Security Measures
SUDESPACHO undertakes to adopt, update and maintain the measures it deems necessary to guarantee the security and confidentiality of personal data, preventing any alteration, loss, treatment, processing or unauthorized access. This obligation will be developed in accordance with the state of technology, the nature of the personal data and the risks to which they are exposed, whether they come from human action or the physical or natural environment.
The obligation contemplated in this clause will be limited to those tasks that, by the very nature of the Contract, must be carried out by SUDESPACHO (such as, for example, the restriction of access to the premises where the Character Data File is stored Personal). The writing of documentation, designation of the security manager, the writing of the corresponding Technical Document, and in general all the measures and actions determined by the data protection regulations that are not contemplated in the service contracted with SUDESPACHO will correspond exclusively to the Client.
SUDESPACHO has adopted and will adopt the technical and organizational security measures that are within its reach, in accordance with the provisions of current legislation and existing quality standards in the sector, in order to guarantee the maximum security and confidentiality of the communications. SUDESPACHO declines any responsibility for the violation of the Client’s security systems or the inviolability of communications when they are transported through any telecommunication networks.
The treatment and management of personal data processed by SUDESPACHO complies with the provisions of in REGULATION (EU) 2016/679 of the European Parliament and of the Council of 27 of April 2016 on the protection of natural persons with regard to the processing of personal data and the free circulation of these data and by which Directive 95/46 / EC (General Data Protection Regulation) is repealed. Likewise, in the future, it will make all the changes that are necessary in terms of data protection in the case of regulatory changes.
15.3 Information Collection
In order to adapt and modify the Service, as well as to develop and offer new services that better suit your preferences, SUDESPACHO will use technological instruments or mechanisms that will allow obtaining statistical data.
15.4 Data protection policy
In compliance with the regulations on protection of personal data, Sudespacho Cloud, S.L. (hereinafter SUDESPACHO) informs users / clients that: the Personal Data it collects (by different means such as: interested party surveys, information request forms, online chats, databases, web pages and accessible sources to the public) are subject to automated processing and are incorporated into the corresponding activity records.
The purpose of collecting and processing the data is to properly maintain the contractual relationship that may be established with Sudespacho Cloud, S.L. (contract management, billing and accounting, service provision, training …).
In addition, your express consent will be requested for the performance of information tasks, marketing (the latter task always identified as such), offers and other activities of the group, by virtue of the provisions of Law 34/2002, of July 11 , Services of the Information Society and Electronic Commerce. We also inform you that said data may be transferred for the purposes mentioned above to group companies of the same business group as SUDESPACHO (specifically: Iberley Información Legal, SL and Editorial Colex, SL) whose activity is the production, distribution or marketing of content or services related to the legal sector (publishing, databases, software …), to keep you informed of any news, offer, promotion, contest or launch related to your products or services.
The user may, at any time, exercise their rights of access, rectification, deletion, limitation to any of the treatments or opposition, via e-mail, personally or by postal mail. The exercise of these rights can be done by written communication to the following Address: C / Costa Rica nº 5, 3º comercial Puerta A, 15004, A Coruña or by sending an email to the address: firstname.lastname@example.org
You can also exercise these rights in the terms that the applicable regulations establish and that can be consulted at www.agpd.es
15.5. Lexnet mention.
By using the Sudespacho Desktop application to download notifications and enter your personal data, you expressly accept their use in accordance with the provisions of Royal Decree 84/2007 of January 26 (BOE No. 38 of 02/13) on implantation in the Justice Administration of the Lexnet telecommunications computer system for the presentation of briefs and documents, the transfer of copies and the performance of procedural communication acts by electronic means.
The downloading of data for use in any other applications of the user will be the sole responsibility of the user and must comply, where appropriate, the precautions established in the data protection regulations.
All notifications, requirements, agreements, consents, acceptances, approvals or communications that are necessary in accordance with the provisions of the Contract Conditions or that, in one way or another, are related to them, will be considered effective and valid for all the effects when they are made in writing, and sent to the following addresses:
* by SUDESPACHO: (a) sending by postal mail to the Customer’s address indicated in the service contracting form and (b) sending by email to any of the mailboxes that the Client has communicated to SUDESPACHO in the form contracting services.
* by the Client: (a) To the postal mail provided in the heading of these Contract Conditions, and (b) to the email accredited by SUDESPACHO at the time of contracting the services.
All communications between the parties regarding the operation and management of the contracted Service may be made by email, by telephone or by fax.
The Client may not assign, transfer, encumber or subrogate this contractual relationship in favor of third parties, nor the rights and obligations derived from it, without the prior written consent of SUDESPACHO. In any case, the Client who assigns his Contract will be jointly and severally liable together with the transferee for all the obligations derived from the Contract, including the formalization of the appropriate guarantees.
SUDESPACHO may contract and / or subcontract with third parties everything it deems appropriate in relation to the performance by them of any or all the activities necessary for the maintenance, updating, improvement or provision of the Service.
19. Resale of the Service
It is expressly forbidden for the Client to resell the contracted services or in any way authorize third parties to use them, in whole or in part, or to use, introduce or incorporate them within the scope of a business or professional activity outside their own.
20. Suspension of Service
In order to safeguard the integrity of the network, provide the contracted Services, and comply with the required quality commitments, SUDESPACHO may suspend the provision of the Service and disconnect the services when the Client performs actions that may cause damage or harm to people , equipment, systems, supports and / or networks of third parties and / or SUDESPACHO, especially sending SPAM or junk mail either negligently or intentionally, in the latter case SUDESPACHO may cancel the service without any refund of the amounts paid.
21. Applicable Legislation
The agreements and clauses that make up this Contract will be interpreted and governed by Spanish Law. Specifically, the provisions of Law 7/1998 on General Contracting Conditions, Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law, will be applicable to these General Conditions. for the Defense of Consumers and Users and other complementary laws, Law 3/2014, of March 27, which modifies the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16, Law 7/1996 on the Regulation of Retail Trade and any legal provisions that may be applicable.
22. Competent Jurisdiction
To the extent that the Client is considered a consumer as established in article 3 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws (modified by sole article 1 of Law 3/2014 of March 27), SUDESPACHO expressly submits, for the resolution of conflicts that may arise in relation to these Contract Conditions to an arbitration of Law in accordance with Royal Decree 231/2008, of February 15, which regulates the Consumer Arbitration System, undertaking to comply with the final award that may be issued.
In the event that the Client uses the Services, in order to integrate them into their own production processes, both parties, expressly waiving the jurisdiction that may correspond to them, submit to the La Coruña Courts for conflict resolution.
23. Particular conditions. Management services.
23.1 Eplan Management Applications
This present covers the beneficiary in the following aspects:
– Attention service to inquiries that arrive by telephone, fax or Internet, to attend to the correct use of the program and its maintenance.
– Maintenance and provision of applications in optimal conditions.
– Maintenance of the integrity of the program data.
– Periodic backups of the data, comprising 2 daily backups, one of the database and the other of documentation
– Recovery of customer data at any time at the customer’s request, while the contractual relationship is in force and is up to date with payments.
23.2. SLA Service Level (SERVICE LEVEL AGREEMENT)
During the provision of services, Sudespacho.net guarantees that it will be operational and available to the client for at least 99.5% of the useful time per month.
In the event that Sudespacho.net does not have the operational service in the time set, the client may request compensation under the terms described in the box that appears below:
|Monthly Percentage of Time Down||Days of service per month that will be compensated to the client at the end of the contract term will be computed as follows:|
|& lt; 99.5% – & gt; = 99.0%||3|
|& lt; 99.0% – & gt; = 95.0%||7|
|& lt; 95.0%||15|
23.3 SUDESPACHO is not obliged to maintain the agreed commitments, if by the user there are anomalies in the central unit, peripherals or accessories of his computer, he makes improper use of the program, or he has not correctly applied the Internet access instructions.
23.4. Once the cancellation of the service is requested at the request of the client , always within the contractual term stipulated for the request for said cancellation, and always before the end of the contractual relationship, SUDESPACHO will provide the first copy of documents and data completely free of charge.
Successive backup copies containing data and documents will cost € 60 plus VAT.
The client can always download a copy of the data from the management application (data only). The assumption of the surcharge applies when documents are supplied in the copy.
The copy will be supplied in encrypted format and in a format suitable for being migrated to any system.
23.5. In the event that it is necessary to enter the data in the E-Plan that the client has in another application, an economic evaluation of the work will be made. In case of agreement to carry out the work, SUDESPACHO will use all the necessary measures according to the qualification of high-level data according to current legislation. Once verified by the client that all the information is uploaded in the E-Plan application, SUDESPACHO will immediately delete all the data that the client would have needed to carry out said data transfer.
23.6 The management tools have different plans , the customer can access higher plans at any time they want.
23.7. Data protection compliance.
E-Plan complies with the security requirements demanded by the regulations for the protection of personal data, especially the requirements for the protection of sensitive / sensitive and specially protected data, especially:
(a) Data encryption.
(b) Backup copy and recovery procedures in a different place from where the equipment is located.
(c) User record, time, file, type of access and record accessed, control of the security officer. Monthly report. Conservation 2 years.
(d) Encrypted data transmission.
23.8 Range of applications and prices.
SUDESPACHO offers customers a range of management products, with the current prices and rates indicated on the website www.sudespacho.net at all times. Except for future modifications of names or current offers during the first year, the prices mentioned are prorated monthly, the payment method will be the usual one in commercial operations, see: view, 30, 60, 90 days. These rates can be increased at most in the CPI the second year and later.
The customer will always keep the agreed price, increased by the corresponding annual CPI percentage, unless contracting or changing to lower or higher products / versions. Annual prices and degrees of service, the provisions of the web www.sudespacho.net
24. Particular conditions. Your officeBackup
24.1 Description of the SudespachoBackup Service
SudespachoBackup is an automatic service for the remote backup of information via the Internet. Through SudespachoBackup the «Client» can store a copy of the files and folders that it decides, existing on one of its servers or computer equipment, on servers located in the European Union, this service cannot be resold (except as indicated in the next paragraph ).
udespachoBackup for partners, is a service designed for distributors, through which it will be possible to resell Backup licenses. For this, the partner or distributor will be provided with a work panel where they can manage their clients separately.
The information is compressed and encrypted with a key known only to the Client before being sent to the SUDESPACHO servers.
The Service implies making available to the Client the equipment and systems necessary for it to proceed to dump, store and, where appropriate, retrieve, remotely, copies of the information contained in the hard drive of its terminals that has been stored in SUDESPACHO equipment. Therefore, the purpose of the Service is to provide the Customer with a system that will allow them to recover lost or damaged files.
The operation of the Service requires the prior download of a back-up software in the Client’s terminal. Downloading this software is an essential requirement in order to carry out storage and retrieval operations.
The Client will take into consideration the compatibility of the software with the computing platform with which it operates.
The Customer will follow the configuration instructions provided by SUDESPACHO in the product documentation or through the telephone service. In this process, the client must specify: (1) the username and password to access the service (2) a key for the encryption of the information before its shipment established by the Client (3) the set of files and directories you want to save (4) the time schedule for making copies automatically.
The software provides numerous options for automating and customizing data backup, encryption, and compression planning.
24.1.3 Use of the service
As soon as the software is properly installed and configured, the Customer may carry out the backup copies according to the contracted plan. In the event that a problem arises during the execution of any copy of the information, the software will notify the Client so that he can correct the problem and may proceed to make said copy. Until the backup is made without errors, the Client will not have the information corresponding to said copy on the SUDESPACHO servers.
24.1.4 Complete initial backup
To start using the service, the Client must make a complete backup of the selected information through the network. Such backup will not be considered to have been made if errors occur in the backup process. The speed of the Client’s computer, that of its Internet connection and the size and number of files will determine the time required for this first complete copy. If it is a large volume of data or the connection is not very powerful, SUDESPACHO recommends that this first initial backup be carried out at night or on weekends.
SUDESPACHO recommends the client to perform full backups on a regular basis.
24.1.5 Incremental Safeguard
After the initial complete backup, for subsequent copies, the system will save only the portion of the file or files that has changed with respect to the previous version that was saved. If the Client selected complete directories, the new files that have been added will also be saved in the next save. Incremental backups are performed automatically according to the schedule that the Customer has defined.
24.1.6 Deleting information on the server
Using the software, the Client will be able to eliminate the files of which he does not wish to keep a copy on the Sudespacho Cloud, S.L. server. Once the files are deleted from the server, they cannot be restored later.
24.1.7 Information retrieval
Using the software installed on their computer, the Client will be able to see the latest copy and select a single file, several, or an entire folder to be transferred over the network to the hard drive of their computer.
The Client will have online copies of information correctly made in the retention period set by SUDESPACHO for the service, excluding: (a) files that have been eliminated from the server by the client (b) the file versions corresponding to copies of security that reported errors and were not performed correctly (c) the versions of files corresponding to dates prior to the retention period set by the service (d) the files or file versions that have not been accepted by SUDESPACHO’s servers due to the fact that The Client has exceeded the contracted disk space.
Likewise, if the Client needs it, and subject to the payment of the applicable fee, SUDESPACHO may record the information it needs on a CD.
To carry out the information recovery process, it will be necessary for the Client to know or have correctly configured the Encryption key in the software, established by the Client at the time of software installation.
24.1.8 Customer Service
The Customer Service consists of a telephone and / or online technical assistance service that includes a diagnostic service and an incident resolution service. The diagnostic service is a service that SUDESPACHO provides to the Client free of charge, without prejudice to the cost of the telephone call or data transmission. For this purpose, the Client will be able to make the pertinent consultations, through a call to the telephone numbers visible on the SUDESPACHO website and the email address info @ sudespacho. net , on any incident that affects the operation of the Service.
24.2. Contract Request. Subjective Requirements
The Service is aimed at companies and professionals who value the integrity and high availability of their most sensitive information. The Service may be contracted by individuals of legal age, or legal entities that have their legal residence in Spain. In the case of a legal person, the request for services must be carried out by a duly authorized attorney-in-fact or legal representative of the company. In the case of natural persons, they must prove their legal age.
24.3 Access Keys and Encryption
The use of the Service requires the use by the Client of the name or identifier with which his backup mail account is identified with the domain assigned by SUDESPACHO and his password (hereinafter the «Access Codes»).
In the configuration process, the Client must establish an encryption key that will only be known by him or the persons he designates. As it is established directly by the Client, SUDESPACHO personnel do not know the Encryption key. The encryption key is necessary to decrypt the safeguarded information. If the Client forgets said key, it will NOT be possible to recover the information stored on SUDESPACHO’s servers.
The Client undertakes to make diligent use of the Access Codes, as well as to keep them secret. The Client undertakes to notify SUDESPACHO of the loss or theft of the Access Codes in the shortest period of time possible, in order for SUDESPACHO to deactivate said Access Codes. In any case, the Client will be liable for the expenses corresponding to the use of the Service by any third party that uses the Client’s Access Codes until the moment when, where appropriate, the Client has requested SUDESPACHO to deactivate the Access Codes. . By exception to the foregoing, the Client will not be liable for the expenses corresponding to the use of the Service by a third party that uses Client Access Codes when said use is due to an administrative or management error of SUDESPACHO or to another reason that is exclusively attributable to SUDESPACHO.
The Client undertakes to make diligent use of the Encryption Key, as well as to keep it secret. SUDESPACHO will not be in any way responsible for: (1) the loss of information due to forgetting the encryption key by the client (2) access to information by third parties to whom the encryption key has been disclosed (3 ) access to information by third parties who have found out the encryption key.
24.4 Extension of the service
In the event that the storage capacity is exhausted, the Client must request the extension of the Service by contracting a higher level plan by contacting SUDESPACHO via email or telephone and accepting the new Order that is sent to them.
24.5 Consideration. Price
As consideration for the Service, the Client undertakes to pay the amount that results from applying the current rate table at all times as published, and accessible electronically, on the SUDESPACHO web pages at the time the Client requests the hiring the Service.
The applicable rates and prices will be based on the assigned storage capacity. Our rates refer to the total space occupied on our servers, that is, the size of your information once compressed and encrypted.
The prices do not include VAT in any case, so the Client agrees to pay the VAT corresponding to the contracted Service. SUDESPACHO may issue the corresponding invoices through any means and / or system admitted by law.
The cost of telephone consumption or of any other telecommunication service involving access and use of the Service as well as any costs and / or expenses unrelated to the mere access and making available of the Service will be borne solely and exclusively by the Client, who must make in front of them directly.
25. Particular conditions. Website
25.1 Website Services
SUDESPACHO offers customers a package of services that includes:
– Domain management
– Web Hosting
– Web page creation tool
This present covers the beneficiary in the following aspects:
– Website maintenance service attending to the correct use and operation of it.
– Assistance at any time of the process
– Domain Management, of the type .es / com / net / org / biz /. SUDESPACHO will manage the individualized internet domain on behalf of the client.
– On-line dispatch maintenance: By on-line dispatch maintenance is understood to be updating the data collected on the website.
– Email account creation
The beneficiary of this service may use pages and parts of pages generated by SUDESPACHO, but not the specific software generated by SUDESPACHO on any server that is not controlled by SUDESPACHO without the express written consent of this company.
The websites created by the SUDESPACHO software do not work on servers not controlled by SUDESPACHO.
Own domain management. SUDESPACHO will manage on behalf of the client the acquisition of its own domain that will become the property of the client, for this SUDESPACHO will make the payment in advance on behalf of the client.
SUDESPACHO, in its role as Intermediary in the domain registration process, cannot be held responsible for the granting or denial of the domain, likewise it will not be able to mediate or be responsible for the disputes that the registration of said domain may produce in the future.
Given the existence of multiple agencies and domain registrars around the world, the apparent availability of a domain DOES NOT ASSUME that this is its status, and the client must wait for the confirmation of the domain grant to carry out any commercial or other action. that presupposes ownership of it.
The usual period in the registration of international domains is between 1 and 5 days, if after this interval you have not received communication in this regard, you should contact SUDESPACHO by telephone at the numbers listed on the web.
SUDESPACHO totally disregards the management of the client’s domain in subsequent years once this contract has been resolved, or it has been renounced by any of the parties, understanding the refund of the bank charge as a waiver.
25.2. SUDESPACHO is not obliged to maintain the agreed commitments, if the user has anomalies in the central unit, peripherals or accessories of his computer, makes improper use of the program, or has not correctly applied the access instructions to Internet.
25.3. After one year of service provision, and at the request of the client, if he wishes to unsubscribe from the service, SUDESPACHO will provide him with all the data in an open format suitable for being migrated to any system. Regarding the web, if it is built with the web tool, SUDESPACHO will not be able to provide files inherent to the program itself, although it is clear that the property of logos and texts is always the client.
25.4. The web and hosting services , have different plans, the customer can access higher plans at any time they want.
25.5. Range of applications space and prices.
SUDESPACHO makes the following range of web and hosting products available to clients, with the prices indicated on the web www.sysban.com . Except for future changes of names or offers in force during the first year, the prices mentioned are annual. These rates can be updated according to the IPC in the second year and later.
The web products:
They are specified on the web www.sysban.com
26. Particular conditions. Antispam protection service
Specific conditions for SUDESPACHO to provide the Client with the antispam protection service («Antispam Service»).
26.1 – Description of the antispam service
The antispam service consists of SUDESPACHO providing protection against junk mail in the POP3 or IMAP email account that operates in an active domain registered in SUDESPACHO and resides on its mail server. The term junk mail or spam refers to the transmission of one or more messages that contain unsolicited documents that may or may not include attachments.
The antispam protection is produced by the automatic filter of the junk mail sent to the customer’s account through the installation of the antispam software in the SUDESPACHO mail servers. This is based on the Bayesian statistical method (named after its inventor, Bayes) that uses a series of common words, html tags and the repetitive nature of the sent message as keys for the analysis of incoming mail, and depending on the concentration, distribution and association of these words assigns a score to the message as keys to the analysis of incoming mail, and assigns a score to the message based on the concentration, distribution and association of these words.
1) low filtering (score 3.5, default option);
2) medium filtering (score 7.5);
3) high filtering (score 10.0).
In the case of electronic messages classified according to the percentage of probability that they are junk mail and those that exceed the limit established by the client, one of the following options may be adopted:
1) stop the message and not allow it to reach the address;
2) transfer it to the «Quarantine» folder;
3) send it to the address with the specification of the subject of the message: «Antispam Sudespacho»
26.2. Conditions for the provision of the antispam service
SUDESPACHO provides the antispam service solely and exclusively in accordance with the following conditions:
– the existence of the client’s domain name maintained by SUDESPACHO as maintenance manager, registrar or reseller;
– The existence of one or more email accounts associated with the client’s domain name, maintained by SUDESPACHO as maintenance manager, registrar or reseller;
– the use of the DNS that authorizes the domain name of SUDESPACHO during the entire term of the antispam service. The client declares that it is aware that using an authorizing DNS different from that of SUDESPACHO will make it impossible to use the mail service, which will only be available again after the reconfiguration of the authorizing DNS of SUDESPACHO;
– the standard configuration of the MX and POP 3 records (or the SUDESPACHO mail server).
The antispam service may be used as an additional service to the active email account in the domain that SUDESPACHO maintains, or as an additional service to the email accounts that the client has on a server of their domain, in this case it must be the client who make the MX changes. The client declares that he is aware that his breach of one or more of the previous conditions will make it impossible to use the antispam service. Therefore, he is informed that, if at any time during the validity period of this contract, he does not renew the domain name or transfer it to another Maintenance Manager or configure the domain name in an authorizing DNS other than that of SUDESPACHO or modify the configuration of the MX record, it will be technically impossible for SUDESPACHO to provide the antispam service, and therefore the contract will be terminated immediately, without prejudice to SUDESPACHO’s right to receive the full payment of the subscription or to claim full compensation for any damage suffered.
26.3. Rules of use
The antispam service consists of the automatic filtering of junk mail sent to the client’s email account by redirecting it against SUDESPACHO’s mail server. SUDESPACHO will continuously provide the updated version of the software.
The client has been informed and is aware of the fact that SUDESPACHO will establish the basic configurations of the antispam service of a series of filtering rules. This is based on the Bayesian statistical method, as indicated in section 23.1
In any case, SUDESPACHO will be free to modify the basic settings in any way and at any time in order to guarantee the most effective provision of the service at all times.
The customer has also been informed, and is aware of this, that emails defined as junk mail will be placed in special archive folders that he can check himself. This will be responsible for canceling these messages to avoid saturation of the available space.
The adoption of the antispam service does not require any modification of the client’s email program settings (Eudora, Outlook, Outlook Express, etc.). Nothing will be changed or restarted, since the spam filtering operation is performed on the server and therefore at a higher level of the email operating environment. In any case, SUDESPACHO declares and the client acknowledges that it cannot guarantee in any way that the client will not receive unwanted emails, nor that they will receive all the desired messages, even if the greatest possible diligence is applied to guarantee the more effective service performance.
The client agrees not to use the service to which this order refers as an addition to the e-mail service for illegal purposes, which will comply with the rules of use and will not violate in any way the applicable national and international laws and regulations.
27. Particular conditions. Data Protection Service.
SUDESPACHO, in compliance with the current legislation on electronic contracting and with regard to compliance with the regulations on Protection of Personal Data, will be in charge of providing the Advisory services of the requirements demanded by the regulations of Data Protection.
27.2. The Data Protection service includes:
– Advice on the new data protection regulations and the obligations to comply with.
– Making available to the client the standard models of all the documentation necessary for the fulfillment of the general obligations included in the current regulations on data protection (informative clauses, clauses for data collection and other uses, transfer clauses , contracts for the treatment of data on behalf of third parties, Technical Document …)
– Advice for conducting audits and periodic reviews.
27.3. SUDESPACHO undertakes to advise the client of compliance and maintenance of the legality of the system . The consequences derived from inaccurate or false data, as well as the breach by the client of the required security measures will be the responsibility and responsibility of the client.
27.4. Collaboration Commitment by the client
The client undertakes to send all the information that SUDESPACHO requests for and during the provision of this service. Likewise, the Client is responsible for ensuring that the information provided is valid and truthful.
28. Sending Invoices
The Client gives his express consent for SUDESPACHO to make the electronic invoices available to him, electronically and electronically. The Client may at any time exercise his right to receive paper invoices, by writing to SUDESPACHO.
29. More Information
For any additional information or clarification regarding the content of the Contract Conditions, or for any query related to the technical, functional and / or operational characteristics, do not hesitate to contact our Customer Service at the email address email@example.com or the phone numbers visible on the SUDESPACHO website.
1 This period will not apply to the cases in which it is carried out:
– a “data migration” (transfer of data from other software to the contracted service),
– “training” is given on the use of the program (personalized service from an agent providing training on the software in a personalized way) or
– The software is «customized» according to the Customer’s specifications (hiring of the «builder module» that involves customizing the software to the Customer’s taste), all
These, situations in which the Client is aware that the execution will be considered to have begun or the contract has been completely executed by SUDESPACHO and therefore the right of withdrawal does not apply (article 103.a of Law 3/2014, March 27).
2 Please include your name, your full address and, if we have them, your phone number, your fax number and your email address.