PRIVACY AND TERMS
The following document regulates the hiring conditions that each user acquires with the customer condition under the next clauses:
With the current contract the customer perfects the software acquisition developed by VISUALNACERT S.L ( in the text named as visualNACert.
With the acquisition and installation of visualNACert softwart awards the customer the non exclusive right and non transferible Service and also compromise the customer to do the purposes related with the conditions and terms of this contract. All the right that will not be awarded by an explicit manner will be propriety of visualNACert and its licensees.
2. Content of the service
The service will allow:
a) Access through Internet( by the customer) to the apps and hired users using a search web engine non exclusively and non transferebly through the use of a password for each user. The password will be given by visualNACert
b) Access to the telephonic support service during the opening hours according to the labour calendar of visualNACert without limited assistance hours and dedicated to doubt solving or problems using the application.
c) The customer will receive new functionalities, which the app will be included independently if they are improvement or legal requirements implemententation using exclusively the email as communication channel.
It does NOT remain included in the leasing service contract:
a) The web page adaptation to the specific circunatances of the customer or the new needs emerged with the app use.
b) The incorporation of the necessary features to adapt to the technological evolution of the users PC: updated operating systems, search engine, hardware requirements, internet connection.
c) The support services necessary for the connection of the hardware and communication( internet access, firewalls, proxys)services.
d) The travel expenses of the technicians if it is agreed as a consequence of the assistance.
e) The necessary tasks to re-establish the previous situation, which is originated by incorrect operations of the customer or third person. It cause the lost of information, destruction of files. Furthermore, the information copies and backups re-establishments.
f) The attributable anomalies correction exclusively to the Pc used: Environmental work condition deficiencies, AC power main net faults, variation of the communications supplier. Therefore, there is any relation of causality with the program.
g) The necessary tasks to do or re-establish data backups according to a different the security policies than the expected by visualNACert
3. Description and conditions to the service
a) Access conditions: The customer will receive for each hired user a password and a code to use exclusively the app through internet. As a minimum the customer will have a user with not only will be able to use the application functionalities but also will administrate the data and profile configuration.
b) The user will be able through the Web app to treat all the data provided according the previous clauses being able to do all the processes and calculations related with the field management.
c) The customer will not be able to grant the license, sublicense, sell, resell, transfer, distribute or explode commercially in other way and also the customer will not be able to put the content and service available to third persons.
d) The customer will not be able to modify the service or the content and do derivated works of them.
f) The user codes will not be able to share and used simultaneously by more than one individual user but they will be able in certain occasions to relocate new User that will replace former Users that ceased their jobs or their job position has changed and they not use the Service any longer.
g) The data base provided by the customer and the successive data introduced by the client through the Web app of visualNACert will remain exclusive to the customer. They will be registered and stored by a managed served by visualNACert according to its public documents: Use conditions and data privacy.
4. Service Level Agreement (SLA)
VisualNACert will do all the technical and human available efforts to ensure that your management platform will be ready at least in a 99% of the time in monthly cycles. The inactivity period is measured in monthly percentages, calculating it through the formula: % inactivity= total inactivity minutes x 100/ total month minutes
In the hypothetic case that the inactivity percentage is more than the 1% of the monthly cycle, visualNACert will proceed to pay the next month the resultant amount of applying the inactivity percentage related with the invoiced serviced in the period when the incidence occurred. To obtain the re-payment, the customer will have to open an incidence through the email address firstname.lastname@example.org requesting the incidence opening and requiring the credit that considers necessary, visualNACert will request to its servers providers a report being the result provided by this binding company for the inactivity period calculation.
5. Guarantee, civil liability and confidentiality
a) VISUALNECERT S.L is a company that applies a quality control system with the current technological limits and exposes its products to quality controls before its availability to users. However, even though the quality control is applied sometimes the application web service can be subjected to random circumstances, for instance:
-Infrastructures server failures, Internet net and other programs installed in the customer Pc from where the service is connected.
-Calculation mistakes or other impossible detection errors in the web app normal simulation conditions.
b) It will not be attributable to visualNACert the good performance of the customer system and equipment, not being possible to ask for any responsibility by these motives. It will not be attributable the loss of profit due to the failures of the customer systems. For this reason it is under responsibility and due diligence of the customer the hire of insurance policy which covers the excluded situations like virus or informatics attacks to the customer devices.
c) visualNACert compels for indefinitely to keep secret and maintain the privacy of all the information propriety of the customer that could access due to the contract.
d) VisualNacert will not be responsible of the data that the app shows after the customer provides. Therefore, the customer accepts that the hired service constitutes a complementary tool but not substitute the work force that is why the user has to do a sampling of the result obtained after the use of the app. In the case that the user detects any mistake it will be necessary to communicate it to visualNACert to analyse it and if possible solve the mistake.
6. Force majeure
Any of the parts will be responsible against the other part of third persons by the liquidated damages or loses occasioned of the delay and inability to fulfil their legal or contract obligations in the case that an unexpected circumstance or being expected it will not be possible to control. In relation with the visualNACert service it does not guarantee: a) That will fulfil the requirements or expectances of the customer b) the saved data will be reliable and exact c) That the service provided by the other telecommunication operators that make available the visualNACert service will not have harmful components and flaws. The services of visualNACert can be object of limitation, delays and other incidents inherents of the Internet usage and electronic communications, visualNACert will not be responsible of the derivated damages of the mentioned incidences.
7. Modification of terms and conditions
The products or services object of the hiring are subject to variation, limitation, change, temporary or definitive suspension depending the necessities, situations, evolutions and fluctuations of the market. According to the direction of VisualNACert it has the reserved right of modifying at any time the terms and conditions of this contract and also the included policies in the contract. These changes will take effect once the last version of contract is published in the server. The customer is responsible of periodically reviewing the content of the contract with the goal of knowing the last news of the service.
The acceptation needed in the process of the users and services activation constitutes the consent and acceptation of the client to these contract clauses.
8. Responsability of the customer
It is responsibility of the customer:
a) Is the maintenance of their informatics net installation. The customer will conduct and maintain a right electric installation for the power to the connection .equipment and internet. The visualNACerts apps will be designed in a way that will be needed the latest technological requirements of hardware, software and communication accepted as standard in the market. The customer will have to maintain its installation adapted to the technological informatics systems evolution: new operating systems, hardware requirements, updates of software applications of other producers related with the functionality of visualNACert.
b) Make easier the maintenance work. The customer will provide access to the specialists of visualNACert to the Web app pages during the term of the current contract with the goal of facilitate the support services needed.
c) The customer will be responsible of all the activities done with their user accounts. Therefore, the customer will be the only responsible of the accuracy, quality, integrity, legality and reliability of their data.visualNACert will never be responsible of the elimination, correction, destruction, damages and data lost of the customer and also of the unsaved data. Once the contract with visualNACert is finished the company will provide to the customer a data file with the customer data during the thirty days after the end of the contract.
9. Price and form of payment
Before of formalising and perfection the license acquisition: the customer will be informed of the Price, form of payment and expiration of the hired services plus the current taxes every moment. It will be showed in the web.
Once the payment is done the customer will not be able to execute any dismiss action or repayment requests.
10. Length of the contact, suspension of the contract
This contract will have a validity of a calendar year since the acceptation of the present contract terms. Once the contract is finished the contract and not being violated by the customer, visualNACert will provide a data file with the customer data during the thirty days after the end of the contract.
11. Contract expiration
This contract will expire by the general causes established by the law and especially because of the violation of the obligation reflected in the contract.
12. Legal jurisdiction
The parts and renounce of the own legislation area, if they have it, will submit to the jurisdiction of the Juzgados y Tribunales de la Ciudad de Valencia, to settle with them the questions and execution of this present contract.