These Terms of Service are effective 2 August 2016
TERMS OF SERVICE AGREEMENT
1. PARTIES TO THE AGREEMENT
1.1 The Service Provider will be specified in the bottom section of the payment page and in the invoice. The Service Provider shall be one of the two following entities:
1.1.1 DATO CAPITAL LTD, a company incorporated under the laws of the United Kingdom, registered at the Companies House with number 09987396 and address 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ United Kingdom
1.1.2 NETAMO SYSTEMS SL, a company incorporated under the laws of Spain, registered at the Trade Register of Madrid, Volume 17037, Folio 170, Section 8, Sheet M-291536, with company number B83120725 and European VAT Number ESB83120725, and registered office at Zurbano 45, 1, Madrid 28010, Spain
1.2 The CLIENT, any natural or legal person, association or other entity using the services and/or products offered by the Service Provider.
The object of this agreement is regulate the delivery of the services and/or products (the “Information”) to the CLIENT through the Internet website “datocapital.com” (including any subdomains) and/or any other physical or electronic method. The domain and the information are property of the Service Provider.
These Terms of Service (hereinafter TERMS) are subject to the provisions of the following Spanish laws: Law 7 / 1998 of 13 April, on General Conditions of Contract (BOE 04.14.1998), Law 26/1984 of July 19, General Counsel for the Defence of Consumers and Users (BOE 07/24/1984), Royal Decree 1906/1999, of 17 December 1999 which regulates electronic and phone contracting with general conditions in the implementation of Article 5.3 of the Law 7 / 1998 of April 13, 1998, General Conditions of Contract, Organic Law 15/1999, of December 13, Protection of Personal Data, Law 7 / 1996 of 15 January the Retail Trade, Law 34/2002 of 11 July (LSSI).
4. ACCESS PASSWORDS
Unless otherwise specified, access to information is done through Internet network, being https://en.datocapital.com/ the website address of the English language version. To this end, the Service Provider may provide access codes which are strictly personal, confidential and non-transferable. The CLIENT assumes it will take all necessary measures to preserve the confidentiality of these passwords and share them only with their employees. The CLIENT shall be liable of the damages caused to the Service Provider as a result of the use of these passwords by non-authorized third parties. If it were the case that the CLIENT becomes aware that their codes have lost their privacy, the CLIENT shall notify the Service Provider promptly, who would provide new access codes.
The Information is owned by the Service Provider and is protected by the provisions of Spanish Royal Decree 1 / 1996 of April 12, by approving the revised text of the Intellectual Property Law.
By these TERMS, the Service Provider grants a final, exclusive, non-commercial and non-transferable right to use on the Information available. The Service Provider reserves the right to grant use rights over the information to any third party. The CLIENT is strictly prohibited to transfer, assign, transfer, lease, sub-license, sell or in any other way, transmit, in whole or in part, this right to use.
The information is made available to the CLIENT for internal use and informational purposes. The CLIENT shall not:
- Transfer, assign, sublet, sub-license, sell, or make any other disposition of the Information, either for free or for profit, unless expressly authorized in writing by the Service Provider.
- Communicate or disclose information to third parties except to authorized employees only when strictly necessary for the exercise of its duties, or make any other disposition of the Information. The CLIENT shall be solely responsible for the consequences that may result from such actions.
- Store information in any database.
- Massive processing by electronic tools, computer, or mechanical.
- Alter, transform or otherwise amend the information.
- Copy the information, to extend its ban on the copy of the same once transformed. Notwithstanding the foregoing, it will be lawful reproduction is strictly necessary to use the information for the purposes provided in these TERMS.
- Remove or reuse the Information, partially or fully, subject to the provisions of existing legislation on Intellectual Property.
- Use the information for the benefit of third parties or for the provision of services to third parties.
- Request Information knowing that it will be used by third parties.
The Service Provider may, at its sole discretion, include in the information control systems allowing auditing compliance with the terms and conditions set forth in these TERMS, without altering its essence.
Notwithstanding the foregoing, the use right granted in respect of marketing databases or listings for an initial period of three months from the date on which each specific marketing database or listing is made available to the client unless both parties establish a different term at the time of your order. After this period, the CLIENT shall destroy or return any medium which contains the aforementioned marketing database or listing.
The CLIENT agrees to use information from lists or marketing databases, only to perform business tasks, promotion or marketing of their own business or professional activity. The Service Provider ensures that all data shown in the lists or databases come from publicly available sources, but the use and commercial exploitation and / or professional by the client of such data requires strict compliance with applicable laws on protection of data in all its aspects, and especially in the consent, and rights of correction and cancellation. The CLIENT warrants that complies with current legislation on data protection and ensures full compliance by it, its staff and associates of the obligations specified in these clauses. The assignment, transfer, subletting or use to meet the needs of others is strictly prohibited. The CLIENT agrees that the communications sent to individuals associated with companies can only be made insofar as they are of professional interest to the company in which those individuals work or provide services, banning commercial communications of exclusive interest to the individual. The CLIENT agrees to destroy data relating to individuals after three months from the delivery of the database or lists. This destruction will be permanent and irreversible, and can prevent harm to all parties for outdated information, since the Service Provider performs daily update of your files and databases, under the Data Protection Act. The Service Provider reserves the right to establish the necessary mechanisms for monitoring compliance with this obligation and the right to issue a new invoice for the amount of the database or customer list if it continues using the data after the term expiration.
The CLIENT shall be responsible for the consequences for breach of these clauses, assuming, in the event of default, be responsible for the files and their processing in response to the legal obligations established by Data Protection Acts, Telecommunications Law and other general corporate law affected, as well as damages that may arise against third parties and to the Service Provider for breach of obligations.
Disposals of rights of use under this clause not involve the transfer of any rights derived from Intellectual Property.
The information provided refers only to business activities of the people in it included and therefore may only use this information in the business scope.
The Service Provider makes all the possible efforts to ensure the accuracy, completeness and timeliness of the information. However, due to the vast amount of records contained in the databases and the origin of such diverse data, including that provided by the subject of the information, the Service Provider can’t guarantee the absolute correctness thereof. The CLIENT agrees that, unless otherwise specified, the information is not timely updated at the time it’s provided to the CLIENT, but regularly updated by the Service Provider including the date of the last update.
In the case of detection of errors and inaccuracies in the Products and Services, the only obligation of the Service Provider, after the necessary checks, will be applying the corrections in the Products and Services.
Translations of texts will be provided in certain cases. These translations are performed using automatic systems and are provided for informational purposes only. The Service Provider does not guarantee the accuracy of these translations and does not accept liability for any mistakes they may contain.
The Service Provider does not warrant the merchantability or accuracy for the content of the information for a particular purpose. The Information shall not be used as unique source by the CLIENT for making decisions. The Information is provided as a guide, as an additional source of information, so that the CLIENT may not claim any responsibility for damages resulting from decisions made solely on the basis of the information provided.
The Service Provider is not responsible for damages or delays that could cause the incorrect operation of on-line connections driven by technical means, such as any hardware component, software or network required to allow access to Information.
Unless specified otherwise, the Service Provider does not provide data about Spanish Companies dated before 1st January 1990, due to technical reasons. Unless otherwise specified, no requests for data about Spanish Companies before 1st January 1990 will be accepted, and no complaints will be processed. Regarding Spanish Tax Records, data will be always dated after 21st July 2011.
The samples of reports shown in the Information may include information not available in the reports requested by the CLIENT. The CLIENT accepts that every report is generated in real time including all the information available, and in each case the amount of information is variable. The reports requested by the CLIENT may include extra information not present in the samples.
The Service Provider is not responsible for the corruption, alteration, or removal of parts or all of the information, once sent to the customer.
All faults, failures, errors, computer viruses or any other problems in the CLIENT systems will be responsibility of the CLIENT.
The Service Provider declines responsibility regarding damage caused by the fault or negligence. Damages and interest payments in case of lack of compliance are limited, so that in no case exceed the total price paid by the CLIENT as a result of these TERMS during the twelve months immediately preceding that in which the failure occurs. In the case of claims for compensation for a breach prior to the course of twelve months from the date of entry into force of the conditions, it will reach the cumulative amount from the date of entry into force until the date on which the breach occurred.
7. DEADLINES AND DELIVERY TIMES
The official delivery time for all the products and services included in the Information is two business days. However, the Service Provider shall act in good faith to reduce this delay as possible, indicating the CLIENT the estimated delivery time of the products or services in case its sooner than the official deadline.
When the delivery of product or services imply to provide necessary information or material from the CLIENT to the Service Provider, the delivery obligations of the latter shall be suspended until such information or materials are supplied.
7.1 FORCE MAJEURE
In the event that the Service Provider needs products or services of third parties to deliver the information to the CLIENT, and these are not available within the official deadline, the Service Provider shall offer the CLIENT the possibility of extending the official deadline, or otherwise abort the transaction and get a refund of the amount. In case of Land Registry Extracts or Extended Land Registry Extracts, both of the Land Registry of Spain (Registro de la Propiedad), a 5 EUR (plus VAT) fee will be applied in case the information can’t be delivered. When estimated delivery time is expressed in business hours, the business hours are in the period from Monday to Friday, from 09:00 to 17:00.
8. DATA PROTECTION
The Service Provider guarantees the legitimacy of the sources used for the development of its services and products as well as the procedures and actions to their creation and the legality of the transfer of personal data in accordance with Spanish Laws: Organic Law 15/1999, of December 13 for the Protection of Personal Data, the Law 34/2002 of 11 July (LSSI).
Data about companies is not personal data by the Spanish Data Protection Act (article 2). The Service Provider reserves the right to publish all data about a company.
9. PERSONAL DATA PROTECTION
The CLIENT and the contact person identified in the same are informed and expressly authorize the incorporation of their personal data obtained as a result of the business relationship between the CLIENT and the Service Provider in a Personal Data Protection file registered with the Spanish Personal Data Protection Agency, whom owner is the Service Provider, for processing with the purpose of maintenance, development and control of that relationship. Purchasing of products or services includes the subscription in an automatic monitoring system that will inform the CLIENT of changes in the subject of those products or services. This service is provided to inform the CLIENT about changes in companies, directors, or other related data shown at the website, and it can be cancelled anytime by the CLIENT. Similarly, consent is made to the Service Provider to provide them with information by any means, including the sending of commercial communications via electronic means (email, etc...) Products and services on their own or other companies that best fit your particular profile, remaining in this act informed of this communication to the effects of the provisions of Article 27 of the Data Protection Act.
The consent given by the signer is revocable and may exercise their rights of access, rectification, cancellation and opposition by writing to the Service Provider to: Calle Zurbano 45, 1, Madrid 28010 SPAIN or to the e-mail address email@example.com
The price of the Information will be shown in Euros or the currency of the country where the CLIENT is located (using the CLIENT IP address to determine the location and the latest exchange rate available to the Service Provider) before every purchase. The base price will be always Euro. Other currency prices will be conversions from Euro price.
In products or services without cost, such as offers or promotions, the Service Provider declines any warranty and/or responsibility about the data, and reserves the right to terminate the offer and/or promotion anytime.
10.1.1 CREDIT CARD
By using the credit card payment method, payments are made through a secure payment gateway bank, provided by the Santander Bank (BANCO SANTANDER SA) or STRIPE (STRIPE, INC.). The Service Provider does not collect or manipulate full credit card information for these payments. The Service Provider may store the last 4 digits of the credit card and other metadata or references supplied by the payment gateways with the purpose of link the transaction with each user and allow future payments approved by the user without the need of entering payment details The confirmation of the purchase by the Customer implies in any case, the approval of the payment obligation and the commitment by the customer to pay to the Service Provider the specified amount. The Service Provider ensures that communications between its systems and the secure gateway are encrypted using a secure protocol with highest level of encryption available.
PayPal can be used to pay by credit card, or using a PayPal account. The Service Provider does not collect any credit card data. The payment process is performed in PayPal servers. The Service Provider ensures that communications between its systems and the PayPal server are encrypted using a secure protocol with highest level of encryption.
10.1.3 SPECIAL AGREEMENTS
Clients with special conditions previously agreed with the Service Provider can pay via wire transfer (bank transfer) monthly.
The first day of every month a single invoice will be issued containing all the report requests from the previous month (if any). This invoice will be sent to the contacts specified by the CLIENT. Payment shall be made within twenty seven (7) days of the invoice date. Payment shall be made via Wire Transfer, Credit Card or PayPal.
In case of credit card a special link will be provided to complete the payment, unless the CLIENT chooses to give credit card details and payment date to the Service Provider, who will charge the amount in the credit card specified on the specific date provided.
11. INTELLECTUAL PROPERTY
All intellectual property rights relating to the all the Products and Services, and General Information, belong to the Service Provider.
Access to Information authorized and regulated by these TERMS shall not constitute transfer of any other rights arising from Intellectual Property thereof.
Both sides shall maintain absolute confidentiality regarding the information of these TERMS. The CLIENT is liable for any misuse or leakage occurring between its staff or third party which it has received the data.
The Service Provider reserves the right to amend, extend or cancel any information contained in the products and services, adding new information and / or improve or modify the presentation of the service at any time, and introduce the necessary elements for the control of use. The maintenance or repair of computer systems and transmission of data or other similar elements beyond the control of the Service Provider may justify the modification or temporary suspension of service. The Service Provider reserves the right to do at convenience.
The Service Provider reserves the right to subcontract to third parties in order to comply with the obligations of these TERMS.
Any notices and communications to be made between the Parties shall be duly made if they are made in writing and sent to the addresses provided in these TERMS, by any means allowing proof of receipt and content.
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17. RIGHT OF WITHDRAWAL
All the products and services of the Information are contracts based on information services, and so they are excluded in accordance with Article 102 of Spanish Royal Decree 1/2007 of 16 November, approving the revised text of the Law General for the Defence of Consumers and Users and other complementary laws, of the right of withdrawal to the received contents and information.
18. APPLICABLE LAW
This Agreement is governed by Spanish law. The parties submit, at their choice, to resolve conflicts and renouncing any other jurisdiction, to the courts of the CLIENT. Also, as a CONFIANZA ONLINE endorsed entity, under the terms of its Code of Ethics, in case of disputes relating to the procurement of services and products, data protection, and accessibility, the user can go to an off the court settlement of disputes at CONFIANZA ONLINE (https://www.confianzaonline.es/en)
These TERMS constitute a contract between the Service Provider and the CLIENT. The use of any product or service described in point 2), whether free or not, constitutes an acceptance by the CLIENT of these TERMS.