The present General Conditions regulate the services offered by “INTERNET CONSTRUDATA 21, SA” (hereinafter CD21) with address in C/López of Neira nº3, office 201-202, 36202 Vigo (Pontevedra) and VAT NºA36878205. CD21 is a society inscribed in the Mercantile Register of Pontevedra in the Volume 2533, Book 2533, Folio 185, Section 8, Sheet PO-26813, with contact telephone (+34) 986 44 10 54 and email address email@example.com. It is also considered complementary clauses to these General and part of the agreement of each CLIENT, the particular clauses accepted by them and that detail the contracting type selected according to the punctual offers, bonus, plans, or any another type of contract that CD21 offers, remaining them attached to this agreement. You can find a copy of the General Conditions in the Society website www.construdata21.com
There will have the consideration of CLIENT in the present contract the legal entities that will answer in each moment on the valid and effective permission or power of attorney of the physical people that celebrate the present agreement and will not be able to oppose fault of permission or defect or repeal of powers. According to the article 1.822 of the Civil Code and following in relation to the 1.113 and following of the same legal precept, it constitutes with the character of joint and several guarantor the physical person that hires for a Mercantile Society, the one who with the guarantee of his goods and rights, will answer of all the obligations of the present agreement. Likewise it ensures that it is authorized by the CLIENT to accept the General and Particular Conditions in his name and oblige him.
In case that the CLIENT is a physical person and have the condition of “consumer” or “user” in accordance with what is established in the article 3 of the valid Legislative Royal Decree 1/2007, of 16 November, which approves the consolidated text of the General Law for the Defense of the Consumers and Users and other complementary laws, will have to notify it to CD21 that will remit him a specific agreement in accordance with the valid regulations.
No one will be able to access our services if it is a direct competitor except if it exist previous, express and written consent by CD21.
The purpose of this contract will be the contracting access to information on data related to the works of a segment (geographic, stage of implementation o type of work) specified in the Particular Conditions annexed thereof.
Likewise part of the object of this contract will be contracting the advertising medium on CD21 website, www.construdata21.com as specified in the Particular Conditions thereof.
The detailed service contracted by the CLIENT in each case will be the one that appears in the Particular Conditions of the service
Except that another thing is stipulate in the Particular Conditions, the present contract is agreed by a temporary, minimum and indivisible period of A YEAR, to count from the moment in that the contract is formalized.
Anytime the CLIENT will be able to hire any another service whose ending period will established in function of the date in that it have been hired.
In case of anticipated unsubscription by a cause not imputable to CD21, included the claims that have its basis in the breach of expectations related with the conditions, characteristics and quality of the service, the CLIENT will have to pay the price suited.
Once overcome the initial period of a year, the service will be renewed automatically unless any of the parts manifest the contrary. For this CD21 will communicate the CLIENT, with 30 days in advance to the date of ending of the corresponding term, the due date of the agreement, as well as the possibility to cancel the automatic renewal by a client written notification. In the mentioned renewal there will not be applied discounts and/or promotions reflected in the Particular Conditions except CD21 express consent.
The agreement cancellation will have to be sent to the fax nº 986.226.869 or to the email address firstname.lastname@example.org with 15 (FIFTEEN) days in advance to the agreement expiration. If it is done after the due date and within a period not exceeding one month, CD21 will invoice the period of time the service was active and a penalty corresponding to the administrative and invoicing expenses generated, otherwise, the service will be automatically renewed.
The prices of the services offered by CD21 will be the established in the Particular Conditions of the agreement sent previously to the client. The prices and fees of the different services will be detailed in each concrete service and can vary in time.
The invoice with the amount of the service hired will be broken down and detailed in accordance with the current prices in each moment. CD21 reserves the right to apply promotions and/or discounts that suits whenever they are reflected in the Particular Conditions of contracting. Such invoice will do effective by the CLIENT by subscription with payment through banking domiciliation, by promissory note, normalized cheque, confirming, banking transfer, credit card or through the payment gateway PayPal. In case the payment is refused by reasons beyond, CD21 will be able to demand the payment of the amount generated by banking commissions or any another resulting expense.
In case the CLIENT accept credit card payment indicated in the service Particular Conditions, using the payment gateway offered by CD21 and managed through your banking entity, you guarantee and hold the responsibility that all the data on your card are valid.
CD21 reserves the right to do not admit some types of cards as means of payment.
If the CLIENT chooses to pay the services hired through payment gateway PayPal, he will be redirected to PayPal website, where he will be able to realize the payment without sharing financial information with CD21. Once finalized the payment, he will be again redirected to CD21 webpage. The payments of CD21 services do not go into effect with the refund requirements for according to the Protection PayPal when being intangible products.
Invoicing form and period for CD21 services will be regulated by what is stipulated in the Particular Conditions of the service.
The CLIENT will be able to, whenever he requests it on purpose, obtain an invoice in electronic format. All in accordance with the established in the Royal Decree 1619/2012, of 30 November, by which is approved the Regulation which regulates the obligations of invoicing.
It will be added to the amount of the bill, the corresponding taxes in accordance with the valid Spanish legislation at the moment of the acceptance of the present general conditions.
It will have consideration of delay in the payment the non-payment of the quantities owed in the 10 (TEN) following days to the due date of payment indicated in the invoice.
The lack of payment before expiring the term of the contract shall not relieve the CLIENT from the duty to pay the fees accrued up that time and, also those which will subsequently be accrued until that period ends in accordance with the established in the present document.
Invoices not paid within the period prescribed in the preceding paragraph shall accrue an interest on late payments equal to the legal interest rate plus two percentage points, applicable from the due date indicated on the invoice, plus bank charges incurred as a result of billing management, without prior notice to the CLIENT.
CD21 guarantees both the legitimacy of the sources used in the development of its products of information, like the procedures performed for its creation as well as the legality obtaining the data, when so necessary, to compliance of the Organic Law 15 / 1.999 of Personal Data Protection. However, the CLIENT will be bound to the observance of the legal rules established in this legislation and any other that could apply to access the information
The information materialized in the present available Services, detailed in the website www.construdata21.com, can be property of CD21, and can be protected by industrial and intellectual legislation. This protection covers not only the data contained, but also the compilation and systematization in the databases, the operative of use as well as all not integrated creations in the website www.construdata21.com, so the CLIENT agrees to respect and not infringe any right arising from the industrial and intellectual property, being the user solely responsible for its failure.
The access to the information authorized and regulated by the present conditions, does not implies the transmission of any other rights resulting from intellectual property that holds CD21.
The CLIENT guarantees without reservation that neither will transmit or reveal this information in any type of support to person, people, organizations or societies not expressly used by the CLIENT, partial or totally, free or onerously. In no case the CLIENT will be able to move, transfer, sublet, sublicense, sell or realize any another act of disposal for free or onerous, neither extract nor reuse the whole or part of the content of the reports, without prejudice to what it is established in the current legislation in matter of copyright.
CD21 can give specific and written consent to the CLIENT to yield total or partial the mentioned rights derived of the intellectual property he holds to third parties.
CLIENT is expressly forbidden to reproduce, copy, transform, modify or alter in any process the information contained in the Products and Services, either partially or totally, free or onerously.
The CLIENT will abstain to ask information knowingly that it is going to be used by third parties, and to allow voluntary or negligently that third parties make similar requests.
This obligation of confidentiality will subsist by indefinite time still after ending relations with CD21.
The CLIENT will be the only responsible of the consequences that could derive of such actions as well as of the safeguard of the information supplied, having to take the security measures of for the protection against the unauthorized access or diffusion.
CD21 reserves the right to suspend or regulate the provision of the service without previous notification in the following cases: a) excessive and systematic consumptions of information that could suggest the gather of data destined to the creation of parallel databases to the service hired. b) Pending invoices with more than 30 (THIRTY) days of delay regarding the due date agreed in the Particular Conditions of the agreement.
Likewise, CD21 reserves the right to interrupt temporarily the service whenever this was necessary for the implantation of improvements or by reasons of maintenance, security or restructuration of the service. These temporary interruptions will only be produced during the indispensable time and procuring to cause the minor possible damages to the CLIENT, from them, there will not derive any type of responsibility for CD21 neither obligation to indemnify the CLIENT.
The CLIENT remains informed precisely, and authorizes CD21 on purpose to collect and treat automatedly in a File of its responsibility, the data that is obtained as consequence of the relation established between the CLIENT and CD21 with the only purpose of the maintenance, development or control of the commercial relation between the holder and CD21, as well as sending him information and advertising of CD21 products and services.
Likewise, in accordance of the Law 34/2000, of 11 of July, of Information Society Services and Electronic Commerce, CD21, will request in any form in which they request personal data the users express consent for the sending of commercial communications. The CLIENT that does not want to receive information about CD21 Products and services will be able to deny the consent sending an email with the data provided to the following email address email@example.com. Likewise he will be able to exercise the rights of access, rectification, opposition and cancellation of his data, in accordance to the valid legislation in matter of Personal Data Protection, addressing for this to the address C/López of Neira 3 office 201-202, 36202 of Vigo.