These General Conditions regulate the services offered by “INTERNET CONSTRUDATA 21, S.A.U.” (hereinafter CD21) with registered address at López de Neira nº 3, oficina 310-311-312, 36202 Vigo (Pontevedra) and Tax ID number (CIF) A36878205. CD21 is a company registered with the Business Register of Pontevedra in Volume 2533, Book 2533, Folio 185, Section 8, Sheet PO-26813, with contact telephone number 902.218.821 and email address firstname.lastname@example.org. The Special conditions accepted by each CUSTOMER and that describe the type of contract chosen according to specific offers, bonuses, plans, or any other contracting model that CD21 may offer, shall be considered part of their contract and additional to these General Conditions and shall be annexed to this contract in appropriate form and always made available in the customer area of the company website.
In the event of any dispute that may arise in relation to the wording of these conditions, the official language in which these clauses shall be interpreted shall be Spanish.
A copy of the General Conditions may be found on the company website, www.construdata21.com.
A CUSTOMER in this contract shall be the legal entity liable at all times for the valid and effective authorisation or power of attorney conferred on the natural persons that enter into this contract, who shall not be entitled to claim lack of authorisation or default or revocation of powers. Said natural person also guarantees that they are authorised by the CUSTOMER to accept the General and Special Conditions on their behalf and be bound by them.
This document will not be valid in the event that the CUSTOMER is a natural person and has the status of “consumer” or “user” in accordance with the provisions of Article 3 of the current Legislative Royal Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users, and other complementary laws; in this case, they must notify CD21, which will send them a specific contract in accordance with current regulations.
No person may access our services if they are a direct competitor unless there is prior express written consent by CD21.
The purpose of this contract is to provide access to data on works according to segment (geographic, stage of implementation or type of work) as specified in the Special Conditions annexed thereto.
Moreover, if established between the parties, and where applicable, the advertising option on the CD21 website, www.construdata21.com, shall also form part of the purpose of this contract as specified in the Special Conditions thereof.
The specific service contracted by the CUSTOMER in each case will be that described in the Special Conditions of the service.
Any additional service offered by CD21 that is not part of the purpose of this contract must be drawn up in a document separate to these General Conditions.
Unless otherwise stated in the Special Conditions, this contract is entered into for a minimum and indivisible period of ONE YEAR from the time that it is executed.
The CUSTOMER may, at any time, contract any other service it deems appropriate, the termination date of which will be established depending on the date on which the contract is entered into.
In the event of early termination for reasons not attributable to CD21, including claims on the grounds of failing to meet expectations regarding the conditions, characteristics and quality of the service, the CUSTOMER shall pay the agreed price in full.
Once the initial period of one year or any other period that has been specifically contracted has elapsed, the service will be renewed automatically and successively unless either party states otherwise 30 days prior to the expiration date of the contract or any of its renewals and sent to the email address email@example.com. In the aforementioned renewal, the discounts and/or promotions reflected in the Particular Conditions will not be applicable unless otherwise agreed, in writing, between the two parties.
The service rates offered by CD21 will be those established in the Particular Conditions of the contract previously sent to the client. The prices and rates of the different services will be detailed in each specific service and may change at the sole will of CD21, since they are communicated at least 30 days in advance to the CLIENT.
The amount of the contracted service will de disaggregate in the invoice according to the current rates. CD21 reserves the right to apply promotions and / or discounts provided in the Particular Contract Conditions. That invoice will be effective by the CLIENT by subscription with payment through direct debit, by promissory note, standardized check, confirming, bank transfer, credit card or through the PayPal payment platform. In case, the payment was rejected due to external causes, CD21 may demand the payment of the amount generated by bank fees or any other expenses derived from it.
In case the CLIENT accepts the payment by credit card indicated in the service Particular Conditions, using the payment gateway offered by CD21 and managed through his bank, he guarantees all the data of the card is valid.
CD21 reserves the right of non-admission of certain types of cards as methods of payment.
If the CLIENT chooses to pay for the services through the PayPal Payment Platform, he will be redirected to its web, where he can make the payment without sharing financial information with CD21. Once payment is finalized, you will be redirected to the CD21 website again. Payments for CD21 services do not meet the requirements for reimbursement under PayPals Buyer Protection because they are intangible products.
The CLIENT may, upon request, obtain the invoice in electronic format. All this in accordance with the provisions of Royal Decree 1619/2012, of November 30, which approves the Regulation that regulates billing obligations.
The corresponding taxes will be added to the amount of the invoice in accordance with the Spanish legislation in force at the time of acceptance of these general conditions. As the CLIENT does not have the consideration of consumer or user delimited by Law 34/2002, of July 11, of services of the information society and electronic commerce, it is reported that he will not have the guarantees of the right of withdrawal regulated in the mentioned law. To have this consideration under article 103 expressly waive this right by expressly declaring that access to the service implies the complete execution of it. In any case the client will always enjoy the corresponding guarantees linked to the service.
Failure to pay the amounts due within 10 (TEN) days following the due date of payment stated on the invoice shall be considered late payment.
Non-payment before expiration of the term of the contract shall not release the CUSTOMER from their obligation to pay the amounts accrued to that date as well as the amounts that subsequently accrue until said period ends in accordance with the provisions herein.
Invoices not paid within the period prescribed in the preceding paragraph shall accrue default interest 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 collection, without the need for prior notice to the CUSTOMER.
In the preparation of the information products that CD21 offers, the Company uses public data that refer to professional data and/or data arising from the performance of a business activity. Therefore, CD21 guarantees both the legitimacy of the sources used in the development of its information products and the procedures performed in their creation, as well as the legality of data collection, which is conducted, wherever applicable, in compliance with the provisions of the regulations on the protection of personal data. However, in any event, the customer shall be bound to observe the legal precepts established in said law and any other that may apply to access to information.
The information supplied in the currently available services, listed on the website, www.construdata21.com, may be the property of CD21, and is protected by the laws of industrial and intellectual property. This protection covers not only the data but also their collection and systematisation in databases, operational use and all creations not included in the website www.construdata21.com; therefore, the CUSTOMER agrees to respect and not infringe any rights derived from industrial and intellectual property, and the user is solely liable for failure to comply.
Access to information, authorised and regulated by these conditions, does not entail the transfer of any other intellectual property rights held by CD21.
The CUSTOMER guarantees unreservedly that it will neither transfer nor reveal that information through any medium to any person or persons, organisations or companies that are not specifically employed by the CUSTOMER, either partially or totally, freely or in return for payment. Under no circumstance may the CUSTOMER move, transfer, sublease, sublicense, sell or dispose of in any other way the information, either freely or in return for payment, or extract or reuse all or part of the contents of the reports, without prejudice to current legislation on intellectual property.
CD21 may give specific consent in writing to the CUSTOMER to transfer to third parties all or part of said intellectual property rights that they hold.
The CUSTOMER is expressly forbidden to reproduce, copy, transform, modify or alter in any way the information in the Products and Services, either partially or totally, freely or in return for payment.
The CUSTOMER shall not knowingly request information that will be used by third parties, or voluntarily or negligently allow third parties to make such requests.
This obligation of confidentiality shall continue indefinitely even after relations with CD21 have been terminated.
The CUSTOMER shall be held solely responsible for the consequences that may arise from such actions as well as for safeguarding the information provided, and must take appropriate security measures to protect against unauthorised access or disclosure.
CD21 reserves the right to suspend or regulate provision of the service without notice in the following cases: a) excessive and systematic consumption of information that might suggest collection of data to create databases in parallel to the provided service; b) invoices unpaid that are more than 30 (THIRTY) days behind the payment date agreed in the Special Conditions of the contract.
Furthermore, CD21 reserves the right to temporarily interrupt the service whenever necessary to implement improvements or for service maintenance, safety or restructuring. These temporary interruptions will last only the necessary period of time and with the aim of causing the least possible inconvenience to the CUSTOMER, and they will carry no liability for CD21 or obligation to compensate the CUSTOMER.
In accordance with the provisions of GDPR Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR), Internet Construdata 21, S.A.U., as the data controller, informs users that the data collected through the website www.construdata21.com from the data subject and/or from third parties that provide them on his or her behalf shall be processed according to enforceable principles. We always process the collected data in a lawful, fair and transparent manner, in accordance with the stated purpose and as accurately as possible, ensuring their integrity and confidentiality.
The collected data are processed to manage the services available on the website, such as the newsletter service, temporary access to services through the different trial versions and/or service offers, the management of those who contract the services, the sending of advertising messages and/or marketing initiatives, and the management of any form of collaboration and interaction with the services provided by the platform, including the services linked to advertising media.
Data are processed to meet legitimate interests pursued by both parties in relation to the requested service or with validly granted consent.
CD21 only processes identifying information and data that are strictly necessary to achieve the purpose described. In no case are data of special categories processed nor are automated decisions with legal effects made. In addition, if the legal basis of data processing is consent, this is granted in a valid way.
The data will not be communicated to third parties, except under legal obligation or in fulfilment of the legitimate commitment undertaken towards the data subject and will be stored for as long as there is a mutual interest for this and applicable regulations permit it.
CD21 informs all data subjects that they may exercise the right of access, rectification, portability and deletion of their data and the right of limitation and objection to their processing by contacting Internet Construdata21, S.A.U., at C/López de Neira 3, Oficina 310-311-312, 36202 Vigo 36202 -Pontevedra, or firstname.lastname@example.org.
For additional information, data subjects may consult our
The information provided by CD21 on the services that it offers is prepared from sources that it does not control and for which verification is not always possible and, given the large volume of information with which it works, CD21 cannot offer a full guarantee as to the accuracy, reliability, timeliness or suitability thereof. CD21 shall not be held liable for any errors, discrepancies or omissions in the information provided. Consequently the CUSTOMER may not hold it to account for damages resulting from errors, inaccuracies and/or imprecision in the information provided through the contracted services. The CUSTOMER releases CD21 from any liability for inaccuracy of content.
CD21 shall not be liable for any interruption, failure, fault or defect in the telecommunications systems used to provide the service, including and in particular those that might occur in transactions of a financial nature through the payment gateway provided to the CUSTOMER and which depend on the bank provider.
Once the customer accesses the available information through the CD21 platform, he/she is directly and fully responsible for the data processing that they carry out, holding the data processing officer harmless from any consequences arising from the use and processing of the information, including the modification, disclosure, destruction, loss and/or any other type of processing that they perform with the data.
Should CD21 be declared liable to the CUSTOMER for acts attributable thereto, the total possible compensation will never be higher than the price paid by the customer for using the product or service, including lost profits during the present contractual period.
CD21 hereby gives notice of the possible use of data authentication mechanisms that securely check the user’s identity in order to avoid impersonation and unauthorised access. If the data provided by the CUSTOMER are false or fraudulent, CD21 may report them to the competent authorities and will do likewise with any attempt at impersonation by parties entering into the service contract-
CD21 may modify the general conditions of service in order to adapt them to legislative changes without this resulting in economic effects. To this end CD21 shall inform the CUSTOMER of the modifications that may be made through the following channels: personal written correspondence to the holder of the contract a minimum of 15 days prior to its entry into force, or on any visible part of the website.
No objection to said modifications by the CUSTOMER during the aforementioned period will mean its full acceptance thereof. In the event that the CUSTOMER raises an objection to these modifications, it may uphold it insofar as it is legally permitted.
This contract together with the Special Conditions of service shall be construed as a single contract. The partial or complete, current or supervening, invalidity of any clause of this contract shall not entail the invalidity of the remaining clauses, which shall remain fully valid if not affected by said defect. In such cases, the parties agree to replace the invalid clause with an equivalent clause that has the same economic effects.
The CUSTOMER may not transfer this contract or delegate the obligations inherent therein to a third party without the express consent of CD21. In the event that authorisation is granted, the third-party transferee shall be subrogated to all obligations of this contract
These conditions are governed by Spanish law. For the resolution of any legal dispute arising from the interpretation and/or performance of the contract, the parties shall renounce any other general jurisdiction that may apply to them and submit to the Court of Justice of the Spanish city of Vigo (Pontevedra).