General Contractual Conditions - Industic
These contractual conditions are undersigned, on the one hand, by SEGMICRO DESARROLLO Y GESTIÓN, S.L., with Tax Code: B75103002 and business address at Portuetxe 51, Office 111 − 20018 San Sebastián, (hereinafter, Industic) and, on the other hand, by the company that will be using the portal services, www.industic.com (hereinafter, the COMPANY).
These conditions govern the hiring of the services offered to Industic to COMPANIES through online contract on the www.industic.com Web Portal.
It is understood that following the steps envisaged to subscribe or hire services through the Web Portal, as well as their request, implies full and unreserved acceptance of the COMPANY to each and every one of the conditions that Industic has published on the Web Portal. Acceptance of these General Contractual Terms also implies acceptance of those contained in the Legal Notice and Privacy and Cookies Policy, accessible from all pages of the Web Portal.
The rates published in the Portal are valid except in the case of typographical errors, and will indicate, where appropriate, the applicable taxes. Industic might modify the rates of its services without prior notice, and restrict or terminate any or all of the terms and conditions applicable to the hiring of services, without prejudice to any offers and/or promotions that may exist on the same when hired or to the periods or services already hired, which would keep the original conditions.
Industic provides a means of communication for companies that manufacture or distribute industrial products and who wish to access new markets through the Internet, via a technology platform for managing their own stand or online showcase. These online stands are hired and managed directly, in a fast and simple way by the companies, enabling effective advertising and offering of their products to potential customers (hereinafter, the Service or Services).
REQUIREMENTS AND REGISTRATION PROCESS.-
To use of the different levels of service and, where appropriate, hire them, a number of requirements must be met:
- To be of legal age and ensure the accuracy and veracity of all information provided.
- To duly complete the registration form at Industic, according to the conditions and procedures enabled for this purpose on the Portal.
- To be empowered to hire the services offered by Industic on behalf of the company whose registration is requested.
- To pay, if applicable, the appropriate fee, which may vary depending on the registration option under the terms established at any time on the site.
- To be the card holder of the card used for the payment and be authorised to use it for this purpose.
Industic may deny registration to anyone who does not meet the above criteria, and carry out consultations or request the proofs deemed necessary to verify the accuracy of the data provided and necessary powers of attorney.
To confirm the contracting of the services, the person conducting the registration must fill in properly the subscription form, facilitating their identification details and those of the COMPANY. Filling in the COMPANY details entails the express warranty by who makes the registration to be entitled to represent it, and to accept the obligations that this contract may entail for the same. Also they must expressly accept these General Contractual Conditions and those of the Data Protection by checking a box in the form, acceptance button or equivalent technical procedure.
An automatic e-mail will request registration confirmation. Once registration has been confirmed, the user will receive a subscription confirmation in the email account provided in the form to enable the use of the services offered by the Portal. At this point, wherein Industic confirms receipt of the COMPANY's consent, the latter is obliged to pay the fee whose amount, duration, instalments and billing forms will be fixed at the time of hiring the services depending on the type of service chosen.
Once authenticated in Industic, the person who represents the company can try or hire the service levels available in the application as well as the main characteristics of the service level available at that time. In the process of trying/contracting the service, the person shall complete the billing information and choose the level of service desired. In case of a contract, the system will show the virtual POS for the payment process. If the trial period or contract is successful, once the process is completed the company will be notified via email of the confirmation thereof, specifying the level of service and its main features.
TYPES OF SERVICE AND TRIAL PERIOD.-
There are different levels of service, which also involve different rights and duties for the COMPANY. Depending on the type of service contracted, there may be payment obligations.
- ONE Stands (Payment)
- DUO Stands (Payment)
- GLOBAL Stands (Payment)
The characteristics of each type of service are those that are specified in the Web Portal, being this information an integral part of these Contractual Terms.
The selection of a paid service shall be subject to the receipt of such payment. The payment shall entitle the user to enjoy the conditions offered at each time for that particular type of service. By completing the form, the validation of the relevant box on the Portal and the registration confirmation, the COMPANY expressly accepts the contractual terms and undertakes to pay the fee, whose amount, duration, instalments and billing forms will be fixed at the time of subscription on the Portal depending on the type of service chosen.
The COMPANY may choose to use the payment services of the Portal completely free for a maximum of three (3) months from its registration. This trial period can only be enjoyed once and for only one paid service (ONE, DUO or GLOBAL). Before the end of the trial period, Industic will communicate via email the due date thereof, notifying that, should the COMPANY continue to use the service, the amount corresponding to the chosen type of service will be charged.
PAYMENT OF SERVICES.-
For those services subject to the payment of a fee, this will be paid by credit card via a secure payment banking platform, so the Portal will not collect or keep any details of the transactions through said platform.
This payment system ensures complete security and confidentiality of the purchase and bank details associated with it. The user will communicate directly with the secure servers of the bank. The data of the bank debit or credit cards provided at the virtual terminal payment are confidential and transmitted in a secure environment (SSL protocol).
INDUSTRIAL AND INTELLECTUAL PROPERTY.-
All the information contained within the www.industic.com or www.industic.es Portals, including their graphic design and code in any language, structure of the information and databases, is protected by copyrights or other rights of intellectual property protection. These rights belong exclusively to Industic or its licensors or third parties who are authorised to use it. In this sense, Industic has added to its database, third party commercial information available from public sources.
Those images or audiovisual content sourced provided by the COMPANY on goods or services to be included in Industic imply a license of use to Industic so they can be used for purposes compatible with this Agreement. Also, their mere mention or appearance in the Industic Portal does not imply any rights or liability of Industic on them, nor endorsement, sponsorship, or recommendation by Industic, unless this is expressly stated.
Knowledge and other received, transmitted or delivered information, as well as that which the parties can obtain, is proprietary and confidential information of the Parties. Both Parties assume the obligation to keep such information confidential and take the appropriate measures to ensure that only people who need it for the development of the activity under this contract, have access to it.
The information or content that Industic is provided with by the COMPANY for publication will not be confidential. Confidential information may not be disclosed to third parties during the term of the contract or after its termination for a period of two (2) years.
LIMITATION OF LIABILITY.-
Industic will not be responsible for the content of other pages linked from this Portal, or for information entered by the COMPANIES. Industic does not guarantee the availability and continuity of the platform operation. When reasonably possible, Industic will notify in advance any interruptions in the operation of the Platform. Industic does not guarantee either its infallibility and, in particular, that users can use the Platform or access it.
Industic excludes any responsibility for fraudulent use that users may have attributed to the Platform, to the fallibility of the same and in particular, to errors to access the different web pages of the Platform or those from which the services are provided for reasons not directly attributable to Industic.
The COMPANY acknowledges that Industic may change at any time these Terms.
Industic is not responsible for any possible security errors that may occur or for any damage that may be caused to IT system (hardware and software) of the COMPANY using the service, the files or documents stored therein as a result of the presence of a virus in the COMPANY's equipment used for connection to the Portal services.
The provision of the Portal services are, in principle, indefinite depending on their different types. Industic, however, may terminate or suspend the provision of the Portal services and/or any of the Services at any time without prejudice to any provisions in respect of these Terms. Industic will give prior notice of the termination or suspension of the provision of the Portal services and other services a minimum of thirty (30) days in advance.
The Contract shall enter into force the date on which the COMPANY is registered on the Service by sending the registration form and will have the initial duration stipulated for each type of service, monthly or yearly.
Extensions.- The subscription to the service in its annualised type may be extended tacitly for periods equal to the initial period, unless prior notice from either party thirty (30) days prior to the date of termination of the initial period.
CANCELLATION REQUEST AND TERMINATION OF THE CONTRACT.-
The COMPANY may unsubscribe from the service even if it is a paid service. The cancellation will take place by sending an e-mail to the address [email protected] by the representative of the COMPANY. In case of a natural person, a photocopy of the ID card must be sent.
This contract shall be terminated for the general reasons set out in the applicable legislation, in particular for the failure of either party of the obligations therein.
Both parties will have the right of unilateral termination, for the exercise of which it will suffice that the party wishing to terminate the contract notifies it in any verifiable means to the other. However, in the event that the COMPANY is the adjudicative exercise of this faculty, Industic will not refund any amount or proportion of this amount previously paid by the COMPANY.
Without prejudice to the right of termination of the contractual relationship established, Industic my withdrawn or suspend at any time without prior notice the provision of the services to the COMPANY in the event that it considers there are breaches of any of its obligations under this contract. In the event of termination of the contract for the above reasons or any others envisaged by law, the COMPANY shall fulfil the obligations assumed prior to the termination of the contract in front of Industic or third parties.
APPLICABLE LEGISLATION AND JURISDICTION.-
These conditions are governed in each of their points by Spanish law. Any dispute arising from the interpretation or implementation of the obligations contained in these Terms are submitted by the parties to the courts of Donostia - San Sebastián (Spain).
Nothing in this contract will result or be construed that has led to the creation of a Partnership of any kind between the parties or an employment relationship, franchise, joint venture, etc.