General Terms of Service

Version 1.2: valid from 14 December 2006

- GENERAL STIPULATIONS -

1. - INTRODUCTION AND DEFINITIONS

“INTERNET CONSTRUDATA21 S.A.” (hereinafter referred to as CD21) is a society registered in the Commercial Register of Pontevedra in the Volume 2533, Book 2533, Folio 185, Section 8, Leaf PO-26813. CD21 has created an Information Service for the Building Sector and related organisations, which is fulfilled by a database of Spanish and Portuguese building projects and already implemented works. The Law 5/1998 of 6 March, a transposition into Spanish Law of Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, governs the protection of this database. For the purposes of this document, the following definitions shall apply:

DATABASE: A system whose purpose is the storage of information.
DATUM: Each of the values stored in the database.
IDENTIFIER (LOGIN): An alphanumeric chain which serves to identify univocally natural or legal persons.
ACCESS KEY (PASSWORD): An alphanumeric chain which allows the authentication of users. Each “user identifier” is associated to an “access key”.
AUTHENTICATION: A mechanism which ensures that only authorised users can access the information stored in the database. The “user identifier” and the “access key” are the means to obtain this verification.
USER: Any person who fills in the new user registration form (eighth stipulation) and who complies with the requisites established at the site www.construdata21.com will be a “user”. Once CD21 accepts the new user registration form, properly completed, you become a user, so that your data are stored at that moment. Just after you send the registration form, a box will appear on your computer screen to confirm that your application has been accepted. As a “user” you will be able to access the free services offered at the site www.construdata21.com.
CLIENT: Any legal person who, being a “user”, contracts any of the paid services offered by CD21 will be a “client” of CD21.

2. - INTELLECTUAL PROPERTY

The information present in the currently available Services – which are detailed at the site www.construdata21.com – is a property of CD21 and it is protected by the industrial and intellectual property legislation. This protection does not only comprise the data included, but also their compilation and systematisation in the databases, the use operative and also all the creations integrated in the site www.construdata21.com. The users commit themselves to respect and obey the rights derived from industrial and intellectual property, being the user the solely responsible for the breach of those rights.

The authorised access to information regulated by the present terms does not imply the transmission of any other rights derived from the intellectual property of which CD21 is a holder.

3. - VALUE OF THIS DOCUMENT

The stipulations in the present document, as well as the specific conditions established in each type of service and detailed at the moment of contracting the services, will govern the contracting process of any of the services offered by CD21 through its site www.construdata21.com.

The user / client must know and accept the present stipulations to apply for and then benefit from the services of CD21, as it is expressed in the new user registration form (eighth stipulation). For the previously mentioned purposes, the present document will appear in digital format during the registration process, so the user has to accept the conditions in order to complete it.

The present General Terms of Use do not exclude the possibility that certain services, especially those paid services with particular characteristics, are subject to their own specific or particular terms of use. In case the client accepts them at the moment of contracting the services, those specific terms of use will be complemented with the general terms of use exposed here.

4. - CHANGES TO THE TERMS OF USE

CD21 reserves the right to modify the present general terms of use of the different services. CD21 will notify its users and/or clients of these modifications, so that they may inform CD21 of their intention to end the service within 7 days. If CD21 does not receive any notification from the client during that period, the company will assume that the client has accepted the changes to all intents and purposes.

5. - COMMUNICATIONS CD21

CD21 may direct its communications to the users or clients either by electronic mail, post, fax or telephone. The users may also direct their communications to CD21 by electronic mail to info@construdata21.com, by post to the registered address of the company, or by fax or telephone – which are indicated at the site www.construdata21.com.

6. - ANNULMENT OF CONTRACT

CD21 may unilaterally and automatically annul the contract – merely by communicating it to the user and/or client – if the user and/or client fail to fulfil any of the stipulations in the present General Terms of Use or any of the specific terms of the corresponding services.
Once the contract is cancelled, CD21 will preserve the information stored by or for the client during 15 calendar days. After that period, CD21 will delete that information, although CD21 will not be responsible for this fact. CD21 will preserve the personal information about the user / client in its internal account files the period of time established under current legislation.

Signing and presenting the Subscription Form constitutes a non revocable agreement by the applicant and means the total acceptance of these General Terms of Use. Any breach of contract may entail the payment of a penalty as the contract will be annulled before the agreed time.

7. - SOLUTION TO CONTROVERSIES

In order to solve any legal dispute derived from the interpretation and/or the completion of the contract, the parties will submit to the Courts and Tribunals of Vigo, waiving to any other general or special jurisdiction that may correspond them.

- STIPULATIONS WITH THE USERS -

7. - SOLUTION TO CONTROVERSIES

9. - IDENTIFIERS AND ACCESS KEYS

Once the registration is effective (eighth stipulation), CD21 will send the user, by means of an electronic mail to the electronic address the user has specified, a confirmation message of the identifier and access key that enable the access to the services which the client has a right to use.

Both the identifier and the access key are confidential, personal and non-transferable. In this sense, it is the user’s exclusive responsibility to keep the access key secure. Besides, the user assumes all the damages derived from its incorrect custody which may permit its fraudulent use by unauthorised people.

The user may modify the access keys at any moment in accordance with the instructions which are detailed at the site www.construdata21.com.

10. - ACCESS TO SERVICES

Once CD21 accepts the registration form, the user will have access to the free services offered by CD21. These services are detailed at the site www.construdata21.com. The user will also be able to contract the paid services.

11. - SUBJECT AND USE OF INFORMATION

The service which is the object of this contract is established with the user (first and seventh stipulations), who CANNOT:

Shift, transfer, hand over, sublease, sublicense, sell or make any other act of use or disposition of the data, freely or onerously.
Copy and/or duplicate neither the information supplied nor the database. This prohibition also applies to the copy of information once it is modified and/or merged, as well as to the creation of files which may contain the information stored in the database either totally, partially or in any other way.

The user is the unique responsible for the consequences that may derive from the above-mentioned actions as well as for protecting the information supplied. The user must take the appropriate security measures for the protection against unauthorised access or diffusion.

12. - CONFIDENTIALITY

The information (contracted services, free or paid) supplied to the users and/or clients is for their exclusive and personal use; for this reason they are committed to maintaining total confidentiality as regards the data and the information transmitted.

The user will not be able to transfer that information, totally or partially, to third parties – such as people who are not direct employees of the user’s company – without a previous written consent of CD21. This obligation of confidentiality will continue even after finishing your relations with CD21.

The users will be responsible for any bad use or leak of information generated between their staff and any third party to whom the information might be transmitted.

13. - RESPONSIBILITY

CD21 will not be responsible for any deficiency or anomaly that may occur at the network, system or any other IT support used for the transmission of information.

CD21 reserves the right to modify or cancel any piece of information that it considers wrong, incomplete or obsolete.

CD21 assumes no responsibility for the errors or omissions included in the services. CD21 will not answer for any kind of damages that the received information may cause to the users; since such information has to be considered as an additional source for commercial decision-making. Therefore, the users cannot demand responsibility for the damages derived from the decisions which are exclusively based on the information supplied.

14. - PERSONAL INFORMATION

(Organic Law 15/1999) The users give their consent for CD21 to automatically process the personal data they provide at the moment of registering as new users. Those personal data obtained while the contract is valid will also be included in the personal data files that CD21 owns.

CD21 may include those data in its automated files, so “INTERNET CONSTRUDATA 21 S.A.” will be responsible for them. CD21 may use this information in any of the activities that its corporate purpose comprehends.

The users have a right to access those automated files, as well as to correct or cancel their content if it were wrong, and they may also exercise their right of opposition. It is compulsory to cede the data – those which are mandatory data – contained in the registration form. The users authorise CD21 to send them any information, whether related to the contract signed with CD21 or not.

Furthermore, the users authorise CD21 to transfer their data to any third party which provides data automated processing services to CD21, in compliance with current legislation.

CD21 commits itself to comply with the obligation of secrecy for personal data, and with its duty to save them. CD21 will adopt the necessary measures to prevent the alteration, loss, unauthorised processing or access, or theft of the data provided at the site www.construdata21.com. For questions related to the automated processing of data, the users can contact “INTERNET CONSTRUDATA21 S.A.” at the address which is indicated at the site www.construdata21.com.

- STIPULATIONS WITH THE CLIENTS -

15. - PAID SERVICES

CD21 will provide its clients (first stipulation) with the payment information service that they contract, in accordance with the stipulations of the present document – even those concerning the users (“Stipulations with the Users”), as they also enjoy this condition – and of the specific conditions agreed, which must also be accepted at the moment of contracting the corresponding service and which can be found at the site www.construdata21.com.

16. - DURATION

The type of contracted service will determine the duration of the contract. Besides, the client will determine the duration of the service at the time of contracting it, in accordance with what is stipulated in the specific terms of each service.

17. - FEES

The fees corresponding to the services of CD21 will be those found in the document “Subscription Form” which is previously sent to the client.

CD21 will establish the fees at the moment of contracting the service.

The prices and fees of the different services will be detailed in each specific service and may vary in the course of time and also because of the different existing discounts and promotions.

18. - VALUE ADDED TAX (V.A.T.)

The application of the Value Added Tax (VAT) will be made in accordance with the valid legislation at each moment. Currently, the application of VAT is done in accordance with the following stipulations:

The purchases made by natural or legal persons who are residents of Spain will be subject to the payment of the Value Added Tax (VAT) at the current rate for the rendering of services. The purchases made by the residents of the rest of the European Union countries who possess an intra-community tax identification number (TIN) are exempt from the payment of VAT; it is fundamental for these purchasers to send the aforementioned document by fax to the number indicated at the site www.construdata21.com in order to pay the corresponding sum.
The purchases made by natural or legal persons who are residents of extra-community countries are exempt from the payment of VAT.

Due to their taxation system, the Canary Islands, Ceuta and Melilla will be considered as extra-community territories for this purchase/delivery system.

The purchase system is subject to Spanish current legislation. Therefore, all the sale transactions will be assumed to take place at the address of “INTERNET CONSTRUDATA21 S.A.”, which is indicated at the site www.construdata21.com.

19.- OBLIGATION AND MEANS OF PAYMENT

The clients are obliged to pay all the sums they owe CD21 for the items included in the contracted service.

The clients will settle the sums they owe CD21, pursuant to what is established in the previous paragraph, before the payment due date (defined in the twentieth, twenty-first and twenty-second stipulations) in accordance with the following payment methods.

CD21 will establish the methods of payment that the clients may use according to the nature of the contracted service. The methods of payment may consist of: payment through direct debit on the account number indicated at the moment of contracting the services, bank transfer or promissory note. The clients will choose the methods of payment at the moment of contracting the services, so that the contracting process will proceed through the corresponding procedure to the method of payment chosen.

20. - INVOICING

All the items included in the invoices will be detailed in the ones sent to the clients for the billed services, in accordance with the valid fees at the moment of contracting each service.

The clients will make payment effective through one of the methods of payment established in the previous stipulation. The invoicing process will be performed without instalments and, besides, it will specify the service and the period of validity.

The invoicing process will incorporate the Value Added Tax (VAT) or the indicated exemption, if applicable, in accordance with what was established in the thirteenth stipulation.

21. - DELAY IN PAYMENT

A delay in payment will be a lack of payment of the owed sums within the 10 (TEN) days following the payment due date indicated in the invoice (twentieth stipulation).

All the invoices which are not paid within the payment due date established in the previous paragraph will accrue an interest on arrears equal to the legal interest of money plus two percentage points – applicable from the payment due date indicated in the invoice –, plus the bank commission fees in which CD21 incurs as a consequence of the credit control process. CD21 may do this without previous notice to the client.

The delay in payment is a sufficient condition for CD21 to cease to provide access to paid services. Once the client pays, the service will be restored as soon as possible.

22. - NON-PAYMENT

It will be considered non-payment the default in payment within the 10 (TEN) days following the payment due date established for the delay in payment (twenty-first stipulation). In the case of non-payment, CD21 may immediately demand those sums which the client has not paid and which cause a breach in this agreement, plus the interests on arrears and all the other sums specified for the delay in payment, in accordance with the twenty-first stipulation. Besides, CD21 may temporarily or definitely cease the contracted services.

23. - COMPLAINTS

The clients will send their written complaints by registered post to “INTERNET CONSTRUDATA21 S.A.” to the registered address of the company which is indicated at the site www.construdata21.com.

Communicating the complaint will not justify any delay in the payment of the services by the clients.

24. - SPECIAL OFFERS, PROMOTIONS AND FREE SERVICES

CD21 can make special offers and promotions for its clients, as well as offer free services, with information about the relevant conditions of acquisition or use of such services.