General conditions of the contract
I. PREVIOUS CLAUSES
1. The present conditions regulate the agreement between LLEIDANETWORKS SERVEIS TELEMATICS S.A., henceforward known as LLEDA.NET, and the users of the services, henceforth known as THE CLIENT, cancelling any other previous agreement.
2. Access for the first time to the said services presupposes express acceptance of all these conditions.
II. CLAUSES APPLYING TO THE CLIENT
1. For the purposes of the present contract, CLIENT is that physical or juridical subject, who, disposing of an appropriate IT basis, stipulates a contract with LLEIDA.NET for the use of its message services.
2. The status of subscriber is personal and non-transferrable, and may not be extended to third parties without the previous express consent of LLEIDA.NET.
3. In the event of service use by third parties authorized expressly by LLEIDA.NET, THE CLIENT shall instruct them accordingly over its use. Likewise, THE CLIENT shall be responsible for the utilization cost, and be answerable directly to LLEIDA.NET for any inappropriate use of the services.
III. RIGHTS AND OBLIGATIONS OF THE CLIENT
1. THE CLIENT will enjoy the right to the use of the services specifically contracted for with LLEIDA.NET.
2. THE CLIENT is obliged to make the payments agreed, according to current rates, together with the corresponding VAT and on the dates stipulated..
3. THE CLIENT agrees to maintain the IT support essential for access to the services.
4. THE CLIENT is responsible for the correct use of the services, agreeing specifically to avoid any kind of action which could damage systems, equipment or services accessed directly or indirectly via LLEIDA.NET, including deliberately congesting links or systems, and in accordance with the specifications contained in the present general conditions.
IV. CONTRACTING OF SERVICES
Contracting the services of LLEIDA.NET via its web page (http://www.holatext.com) is effecting by carrying out the following steps:
1º. Introducing identification and invoice details of the CLIENT.
In the event of the CLIENT being already enrolled in the service, but the details shown being incorrect, the CLIENT should contact Customer Service on +34 973 300, or by e-mail email@example.com, to correct these.
2º. Payment of services A Virtual Point of Sale is activated by means of credit card to effect payment of the required credits.
3º. Confirmation of purchase. An e-mail will be sent to the address given in stage 1 of the confirmation of purchase
4º. Delivery of invoice. Within the maximum lapse of 24 hours, the invoice will be sent in a pdf archive at the indicated email address.
1. The present contract has a minimum duration of ONE MONTH. It will be renewed automatically for similar periods of time so long as neither party has meanwhile expressed, in writing, a month in advance, the intention of terminating the agreement.
2. LLEIDA.NET reserves the right to rescind the present contract before it ends, for justified cause, previously informing the customer with the minimum warning of ONE MONTH in cases where, according to these conditions, automatic rescinding of the present contract is appropriate. However advance notification in cases where, under these conditions, proceed in automatic termination of this contract is not required.
VI. PRICE, CONDITIONS AND METHODS OF PAYMENT
1. THE CLIENT agrees to pay the subscription and utilization of services both if used by him personally, or by a person authorized or no, by him, according to current rates, which he declares that he knows and accepts. Such rates will increase by the corresponding percentage increase of the relevant VAT.
2. The rates may be subject to revision at any time by LLEIDA.NET, which will be brought up to date and may be consulted on the web page http://www.lleida.net/en/buy.
3. Any delay in payment will result in the suspension of the service until such time as the CLIENT shall regularize the situation. LLEIDA.NET reserves the right to rescind the present contract without any obligation to previous warning if the payment should be delayed for more than thirty calendar days from the date of the invoice.
4. The absence of payment on due date of any amount by the CLIENT will have the effect of his being declared in default, after written notice from LLEIDA.NET, and will involve the subscriber in payment of interest calculated from the due date for payment and the date of its being made effective.
5. The rates of interest applicable to the amounts declared in default shall be EURIBOR at 30 days, plus a spread of 0.5 percentage points if the delay in relation to the due date of the invoice is equal to, or less than, 30 days, and EURIBOR at 30 days plus a spread of 2 percentage points if longer than the said period. By EURIBOR is meant the figure published in the Official Gazette of the Bank of Spain for periods of a month from the first working day following the invoice’s due date for payment.
6. If LLEIDA.NET should offer any free services, these may be withdrawn without previous notification, the CLIENT having thereby no right to indenisation for loss or damages.
7. The payment for services contracted by the CLIENT will be effected by charges to the credit card offered during the contractual process (VISA and Mastercard).
1. THE CLIENT will have the right to those services specifically contracted for, taking responsibility for the content of the information transferred thereby.
2. LLEIDA.NET offers the user a non-exclusive licence to employ its applications for personal and internal commercial uses. The user may not distribute commercially, sub-contract, re-sell or transfer in any way, without the previous consent in writing of LLEIDA.NET, nor reproduce for such purposes the programmes or any modifications or derivations thereof, whether singly or severally in conjunction with any other product or programme. Furthermore, the user may not modify the programmes except for his personal use or for internal commercial reasons.
3. Electronic Trading Act.- THE CLIENT accepts, in accordance with clauses 21 and 22 of the LEY DE SERVICIOS DE LA SOCIEDAD DE LA INFORMACÍÓN Y DE COMERCIO ELECTRÓNICO (LSSICE) (Law of 11 July --- State Gazette 12 July 2002) that he may not use the services for the sending of mass mail (SPAM, publicity, promotional or commercial material) without the express consent or authorization of each and every one of the recipients, save in exceptional cases as foreseen and laid down in the Act, together with the sending of mail whose purpose or content may be considered to be contrary to law, morality, and the socially acceptable, or may constitute a a crime or offence, as well as those which may prejudice the rights or image of LLEIDA.NET or of third parties.
4. THE CLIENT shall follow the norms and conditions of access to any other network of services via LLEIDA.NET.
5. THE CLIENT shall keep the access codes confidential, and change them if there is any suspicion of third parties having or obtaining unlawful knowledges of these. In such cases, LLEIDA.NET is perfectly able to change said access codes following on the request to this effect by THE CLIENT.
6. If THE CLIENT should fail to comply with any of the aforesaid conditions of use or obligations. LLEIDA.NET reserves the right to withdraw service immediately, duly informing the user, who is obliged to correct the defect in order for the service to be resumed. If THE CLIENT fails to correct the defect within a lapse of 15 days, LLEIDA.NET may regard this as cause for rescinding the contract, with the user obliged to compensate financially any damages and loss sustained as a result of said defect.
7. The re-distribution of services to third parties without the prior express consent of LLEDIA.NET, in writing, is strictly prohibited.
VIII. SERVICES PROVIDED BY LLEIDA.NET
1. LLEIDA.NET undertakes to maintain the installations required for the correct functioning of the services with a trained technical and informatics team.
2. LLEIDA.NET will not exercise control over the information content carried on its networks.
3. LLEIDA.NET reserves the right to extend or improve the services provided, without prior notification. Likewise, LLEIDA.NET reserves the right to change the means used to provide the service.
IX. CONFIDENTIALITY AND DATA PROTECTION
1. LLEIDA.NET informs the user that utilization of services involves the information conveyed by the mail being transmitted electronically via SMS by LLEIDA.NET, and being archived in an automatized register to which THE CLIENT may also have access for sending and receiving of mail. This register is solely for invoicing purposes.
2. In compliance with clause 12 of the LEY ORGÁNICA 15/1999 of 13 December, governing of Personal Data Protection (State Gazette: 14 December 1999), LLEIDA.NET informs the subscriber expressly that his personal data will form part of an archive owned by LLEIDA.NET which undertakes to handle the personal information pertaining to the user solely for the aforementioned purpose, namely the managing of invoice-preparation and to provide him with information related to the activity of LLEIDA.NET and also to apply security measures required by Heading VII of the REAL DECRETO 1720/2007, of 21 December, approving the Reglamento de Desarollo de la LEY ORGÁNICA 15/1999, of 13 December, governing Personal Data Protection (State Gazette of 19 January 2008 Once the provision of services for THE CLIENT by LLEIDA.NET has concluded, the personal data will be eliminated from the register.
3. THE CLIENT may accede to, rectify, cancel or lay objection to the handling of his data by writing, together with a copy of his identity card, to LLEIDA.NET, at the PARC CIENTÍFIC I TECNOLÓGIC AGROALIMENTARI DE LLEIDA, EDIF. H1, PLANTA 2B, or by e-mail to firstname.lastname@example.org.
X. LIMITATIONS OF LIABILITIES
1. LLEIDA.NET cannot be held responsible for infractions of current legislation which may be committed by THE CLIENT through inappropriate use of the service. If LLEIDA.NET should detect any such irregularity in the use of the service, it may rescind the contract without need for prior notification to the subscriber.
2. LLEIDA.NET is not responsible, expressly or implicitly, for the adaptation of the services it provides to the real needs of the CLIENT. Their insufficiency cannot be justification for rescinding the contract or return of payment.
3. LLEIDA.NET is not responsible for interruptions of service due to the limitation of hours derived from the type of service subscribed to.
4. The responsibility of LLEIDA.NET in any case of in compliance attributable to it, will be limited to the cost of the services provided which may be the object of a claim.
5. Given that LLEIDA.NET depends on services by third parties for the correct provision of its own services, LLEIDA.NET declines all responsibility for loss or damage attributable to such third parties, and accepts responsibility solely for those caused by failure of its IT support or the negligence of its own, duly accredited, employees.
6. Since most of the facilities necessary for the proper functioning of the network depend on third parties, LLEIDA.NET will not be liable for the results of the service. This includes routing errors loss of information or data, delays in delivery or unplanned interruptions in service.
7. LLEIDA.NET declines all responsibility connected with the quality, exactness, reliability, correctness of data, IT programmes or any other variety carried on its network. The content of such information is the exclusive responsibility of those concerned (senders or receivers).
8. LLEIDA.NET is not responsible in the event of unauthorized use of the service by third parties.
XI. FINAL CLAUSES
1. Each and every clause in this contract is valid and binding in its own right, and cannot invalidate the remainder. Any invalid or incomplete clause may be replaced with another equivalent and valid by mutual agreement between the parties.
2. For the resolution of any dispute derived from this contract, the parties submit to the institutional arbitration of the Tribunal Arbitral de Lleida, which will designate arbiter and arbiters, and the administration of the arbitrage, with obligation as from now to comply with such arbitral decision.
ADDENDUM. Definition of services
Regular SMS: service by which,Lleida.net as telecoms operator, provides a platform for sending SMS messages to mobile phones from all mobile operators, subject to the existing coverage at the time of the sending;either with numerical sender facilitated by LLEIDA.NET or customized alphanumerical sender (up to 11 characters). This service includes the possibility to receive the delivery report at the request of the user notifying the delivery report on all operators in which the service is supported. Should you choose customized sender option 8up to 11 characters) or a phone number other than the allocated to the user, it will not be possible to receive any reply. Not all mobile operators allow you to send SMS with customized sender, so that they will not guarantee delivery. Also includes the possibility to send messages with UNICODE encoding which allows to use any character beyond coding standard GSM 3.38 and involving a limitation on the length of the message to 70 characters.
As set forth on the website of the service, when the customer pays, he receives "credits" which are interchangeable for SMS. The equivalence between credits and SMS is always and at all events available prior to any sending at http://www.lleida.net/cgi-bin/coveragexls.cgi