Contract conditions

GENERAL CONDITIONS FOR CONTRACTING THE SERVICES OF THE WEB PORTAL "http://traductor.opentrad.com" OF THE COMPANY "FACTORÍA DE SOFTWARE E MULTIMEDIA S.L."

 

These general conditions govern the contract established between FACTORÍA DE SOFTWARE E MULTIMEDIA S.L. with Tax Identification no. B-70.001.912, with head office at RUA SALGUEIRIÑOS DE ABAIXO Nº 11 LOCAL 6 15704-SANTIAGO DE COMPOSTELA; hereinafter FACTORÍA DE SOFTWARE

 

And the CUSTOMER, (hereinafter "CUSTOMER"), in connection with the rendering, through the Web, of the services offered at the web site http://traductor.imaxin.com

 

The contracting of a translation service implies acceptance of these general conditions which, along with the legal notice and the privacy policy, will form part of the contract. As this concerns electronic contracting, these clauses are fully valid in accordance with article 23 and subsequent ones of Law 34/2002 of 11 July, on Services of the Information Society and E-Commerce (LSSI).

 

As customer, he or she declares that he or she is over 18 and in possession of the legal capacity to be bound by these General Conditions, which acquire the force of contract between the parties and which shall be governed by the following clauses:

 

OBLIGATIONS OF THE CUSTOMER

 

One The customer who requires a fee-paying translation service must follow the steps indicated on the home page of the portal; these steps will consist of:

-  Inputting a text in DOC, DOCX, ODT, ODS, ODP, XLSX, PPTX, TXT, HTML and XML format (up to a maximum of 5 megabytes) and selecting the original language of the text.

-  Selecting the language one wishes the text to be translated into.

-  Paying by means of the sending of Paypal/Credit card in accordance with that which is explained below.

 

Two The customer shall be responsible for the legality of the documents he or she submits, and shall guarantee that none of the content is unlawful, res extra commercium, or infringes the rights of other people (especially, but not in limited to: intellectual property and industrial property rights). FACTORÍA DE SOFTWARE  reserves the authority to inform the proper authorities, or, if appropriate, to attend to the requests of the proper authority, about any content that could potentially be unlawful or which could jeopardize public order, public security, national defence, public health, the dignity of the person and the principle of non-discrimination for reasons of race, sex, religion, opinion, nationality or any other personal or social circumstance, and the protection of young people and children.

 

Third In particular, the customer guarantees that he or she has sufficient rights over the work to be able to proceed with its transformation (translation) or, if appropriate, is under obligation to request the owners of the intellectual property rights for the corresponding permits, in which case, in accordance with Royal Legislative Decree 1/1996 of 12 April that approves the Revised Text of the Law on Intellectual Property, the CUSTOMER shall be obliged to pay any fees, duties or amounts that may be applicable.

 

Fourth The customer guarantees that, in the event that data of a personal nature pertaining to third party individuals is yielded, he or she has the consent of the interested parties to be able to yield these data, in accordance with that laid down in Section II of Organic Law 15/1999 of 13 December on the Protection of Data of a Personal Nature.

 

Fifth The customer not only explicitly exonerates FACTORÍA DE SOFTWARE  of any responsibility for the content of the texts facilitated to it, he or she also answers directly for any damages caused not only through failure to comply with these clauses, but also for the inputting of documents with software that is faulty, malicious or of evil intent.  

 

Sixth Remuneration: in consideration of the service, the customer shall be obliged to pay the price in the amount and according to the method of payment indicated below:

 

ECONOMIC CONDITIONS

 

Seventh The price, method of payment, invoicing and charging for the translation service rendered as per this contract shall be in the following way:

 

A fixed fee of 1,5 € (VAT not included) for documents with a maximum size of 5 MB.

 

It can be paid by:

  • Credit card or debit card
  • Paypal

 

OBLIGATIONS OF THE COMPANY

 

Eighth FACTORÍA DE SOFTWARE E MULTIMEDIA S.L. undertakes to render the service covered by this contract as specified in the offer on the web portal.

 

Ninth: Having sent the text and made the payment to FACTORÍA DE SOFTWARE, el customer shall click on the button "TRANSLATE"; within a few seconds the customer shall be shown a screen from which he or she can download the document, and he or she shall be shown a link from which the translation will be at his or her disposal during a period of 24 hours, and he or she may download it again if he or she so wishes. Once this time period has elapsed, the document shall be deleted from the server.

 

Tenth: FACTORÍA DE SOFTWARE undertakes to ensure that all the transfers of data made will take place accompanied by the security measures that correspond to the level of the said data, as established by the Organic Law on Data Protection. 

 

Should the information that the customer sends to be translated include top-level data, prior to requesting the translation of it he or she must give notice by means of a reliable means of communication of the existence of data corresponding to this level to enable FACTORÍA DE SOFTWARE to take the appropriate security measures; and FACTORÍA DE SOFTWARE declines any possible responsibility should this advance notice fail to be given, and it shall fall to the CUSTOMER to answer for any possible damages.  In any case, FACTORÍA DE SOFTWARE reserves the possibility of not accepting the commission to carry out the translation.

 

Both parties expressly undertake to keep all the information exchanged between them, whether it be through the URL of FACTORÍA DE SOFTWARE or through e-mail, as proof of the transactions made.

 

Eleventh: FACTORÍA DE SOFTWARE has adopted the appropriate measures with respect to the means and systems under its control, the availability of its web site and of the service via the Internet.

 

Twelfth FACTORÍA DE SOFTWARE guarantees that it has adopted the appropriate security measures in its installations, systems and files as well as with respect to the confidential treatment of personal data in accordance with the applicable legislation in force.  Likewise, it undertakes to maintain confidentiality over any information that the CUSTOMER may supply it with to enable it to carry out the services entrusted to it. In this respect, FACTORÍA DE SOFTWARE has internal monitoring in place, the aim and purpose of which is to guarantee this commitment to confidentiality. This commitment to confidentiality shall remain in force even after the current contractual relationship has elapsed and with respect to all the personnel who may have had access to the said confidential information, and in an indefinite way.

 

FACTORÍA DE SOFTWARE'S EXEMPTION FROM RESPONSIBILITY

 

Thirteenth Without prejudice to the eleventh clause, owing to the special configuration of the Internet, FACTORÍA DE SOFTWARE cannot guarantee and does not guarantee the availability and continuity of access to the web application which could become inoperative or inaccessible for any reason, and including but not limited to the following causes: (i) the malfunctioning of the computer programme or computer applications or of the hardware, (ii) routine or extraordinary servicing or repair procedures, or (iii) other reasons beyond the control of FACTORÍA DE SOFTWARE or which cannot be reasonably predicted or are due to Act of God. Likewise, FACTORÍA DE SOFTWARE does not accept responsibility for any interruptions or deterioration in the quality of the availability of the service for reasons that can be attributed to faults in the customer's and or user's computing infrastructure, nor those that can be attributed to other subcontracted suppliers that may intervene to enable FACTORÍA DE SOFTWARE to render its services. In this respect, the customer shall be responsible for whatever damages may have been caused by the inputting of software that is faulty or has a virus or other malicious elements.

1.       Nevertheless, and when reasonably possible, FACTORÍA DE SOFTWARE  shall give advance notice of any possible interruptions in the service. The responsibility of FACTORÍA DE SOFTWARE for damages of any kind that could be due to the lack of availability or of the continuity of access to the web application or web site from which the services are rendered shall be limited to the sum of money that the CUSTOMER is required to pay in consideration of the service contracted.

2.       For the purposes of these General Conditions, an Act of God shall be understood to include but not be limited to the following: (1) any non-negligent event that is impossible to predict, or whether foreseen or foreseeable, was inevitable, (2) faults in the access to the various web pages of the on-line store, (3) faults in the electrical power supply or telephone connection, (4) damage caused by third parties or attacks on the server's portal (virus) affecting the quality of the services, and blame for which cannot be attributed to FACTORÍA DE SOFTWARE or to the customer, (5) the faults in the transmission, distribution, storing or delivery to third parties of the products and other content of the portal, (6) the problems or errors in the reception, obtaining or access to the online shop by the said third parties, (7) fires, (8) floods or earthquakes, (9) strikes or industrial action or other social unrest that prevent the supply of the products and, therefore, lead to failure to comply with the obligations undertaken by FACTORÍA DE SOFTWARE, (10) the lack or unavailability of fuel or electrical power, (11) accidents, (12) military conflicts, (13) trade embargoes of any kind, (14) blockades, (15) riots, or (16) or that resulting from any government regulation.

3.       The commitment to confidentiality shall not be applied to information:

a.       that is now or which in the future will belong to the public domain without the party receiving the information being to blame,

b.      that prior to its dissemination it is correctly in the legitimate possession of the party that receives it,

c.       that following the dissemination of it, it is legally received from a third party without any restrictions being placed on its dissemination; or

d.      that which in a compulsory way has to be produced at the request of a proper authority, except when it is the object of a confidentiality agreement or order with respect to the said process.

 

Fourteenth.- LEGISLATION APPLICABLE AND JURISDICTION

This contract shall be governed by the Spanish laws that are applicable. The parties intervening agree that any lawsuit, discrepancy, issue or complaint that may arise in the execution or interpretation of this contract or related to it, directly or indirectly, shall be definitively resolved by subjecting themselves to the Courts and Tribunals of Santiago de Compostela with express renunciation of any other court or jurisdictional demarcation that could turn out to be competent.

 
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