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Home » General Conditions Agreement between Pymemarketing. Publicidad y Comercio Electrónico S.L.U. and the Client

General Conditions Agreement between Pymemarketing. Publicidad y Comercio Electrónico S.L.U. and the Client

Warning: Please read the following agreement carefully (hereinafter, the “Agreement”) before ordering any of the services from Pymemarketing. Publicidad y Comercio Electrónico S.L.U. By requesting services from Pymemarketing contained herein, you understand and agree to be bound to these terms of service which will remain fully applicable to your relationship with Pymemarketing. Publicidad y Comercio Electrónico S.L.U.  If you do not agree to be bound by all these Terms of Service, do not request any services from Pymemarketing.

By completing the data in the above form and sending these to Pymemarketing. Publicidad y Comercio Electrónico S.L.U, selecting the box “I accept the Terms of Service” through which it is accessed to this site, and clicking on the “Send” button, the data collected  in the said form from the society or natural person (hereinafter, the “Client”), understands and agrees the terms and conditions in this agreement regulating the relationship between the Client and Pymemarketing. Publicidad y Comercio Electrónico S.L.U., registered in the Mercantile Registry of Zaragoza with CIF (Fiscal Identification Number) ESB99259889 C/ Argualas 6. 3DCHA – 50012 Zaragoza (Aragón, España), (hereon/hereinafter “Pymemarketing”) in terms of the provision of services described as followed and constitutes the object of the same (the “Agreement”)

1. OBJECT OF THE AGREEMENT

The acceptance of the this Agreement specified in the preceding paragraph, Pymemarketing provides the Client one or several services listed in the “Services” section .

In any of the processes of and communication with the Client is at all times via telematic channels.

2. FEES

All the fees of the different plans do not include taxes, specifically the I.V.A. in Spain, where the commercial company Pymemarketing. Publicidad y Comercio Electrónico S.L.U operates the tax rate of IVA whic is 21%.

The Client is obliged to the gross remuneration of registration fees for the services prior to the start of the services described in the previous section. The Client is obliged to the monthly gross remuneration to the corresponding Services freely selected by the Client prior to the acceptance of this Agreement by the Client for providing the Services.

The said monthly amount will be invoiced at the date of the Agreement’s acceptance as indicated above, and in the first five (5) working days of each month, subsequent to the date of acceptance of this Agreement by the deadline, or each of its automatic renewals.

I.V.A. shall be added to the fixed remuneration, and any other indirect tax, retention, or the rate applicable according to the applicable law at any time, all shall be in charge of the Client.

The right to receive the total remuneration as indicated in “Clause 2” herein by Pymemarketing should occur at the time of the acceptance of this Agreement. The stipulated remuneration invoiced in the said way, will be fulfilled by the Client within five (5) working days following the invoice or invoices issuing date corresponding to Pymemarketing. Publicidad y Comercio Electrónico S.L.U. Unless the Parts agree other matters, the amount indicated above will be fulfilled by credit card payment, Paypal, bank transfer or direct debiting to the bank account the Client indicates Pymemarketing. Publicidad y Comercio Electrónico S.L.U. By returning a direct debiting receipt €6 (Euros) will be charged by way of management fees.

Any modification of the projects (not included in the budget) will be budgeted separately.

3. CUSTOMER OBLIGATIONS

The Client is obliged to have at his/her disposal material and infrastructure resources required to employ Pymemarketing. Publicidad y Comercio Electrónico S.L.U services including, among others, a desktop computer or a laptop, a compatible browser with the applications by which the services are provided and an Internet access, just like licenses, authorisations and third consents required to develop the process of your activity, and will determine the accounts, access and passwords needed to render the services  in social networks, forums, communities, advertising accounts, programs and web applications used to perform the rendered services. Likewise, the Client will undertake fulfilling the stipulated price in the preceding “Clause 2”.

4. WARRANTY

Pymemarketing renders the Services, and guarantees the Services will be prerformed with due diligence by highly qualified staff with experience and knowledge, and according to the criteria generally accepted in the sector. Pymemarketing does not give other warranty on the Service, implicit or explicit, including without limitation, any merchantability, warranty. The warranty indicated in this clause has a limit of one (1) month from the Services’ performance.

5. LIMITATION OF LIABILITY

Pymemarketing will not held the Client liable for any claim resulting from loss or damages by any actions or omissions from Pymemarketing pertaining to the present Agreement once declared by reason of a firm judicial decision, as long as the Client had notified Pymemarketing the existence of a claim and the essential features of the same as soon as they have knowledge of the said claim, had not adopted an adverse position towards Pymemarketing, and had allowed Pymemarketing. Publicidad y Comercio Electrónico S.L.U. have control of its own defence.

In any case, Pymemarketing’s liability added or total will be limited to the invoiced and collected sum by Pymemarketing. Publicidad y Comercio Electrónico S.L.U for the provided Services ordered by the Client duringthe last month prior to the claim date.

The Client will give its full assistance to Pymemarketing, including the disposition of information, when making claims against Pymemarketing that can be presented pursuant to what is said herein.

In any event Pymemarketing will be liable for any of the following aspects: (i) access to the Internet and the capability of the data processing and treatment of the hardware and software used by the Client; (ii) the times for data processing and issuing or consulting the data store; (iii) the loading levels or number of the Internet provider can  support; (iv) changes in the conditions for the rendering of Services to access the Internet by the operator and provider of such services, or changes due to modifications on the governing law, for changes or imposed conditions by the Comisión del Mercado de las Telecomunicaciones (CMT) in the providers’ licenses for accessing the Internet, or changes decided by the same providers of access for the Internet; (v) usage of the Services offered by Pymemarketing in a way that does not conform to the instructions offered by Pymemarketingat all times, in its event: (vi) fraudulent, disloyal, abusive or illicit by the Users or thirds of the Services offered by Pymemarketing (vii) modifications on the use conditions of social networks, communities, forums, advertising accounts, web applications and programs used to provide the Service to the Client.

6. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS

Pymemarketing declares and the Client agrees that any of the industrial and intellectual property rights on the computer programs, applications, contents, database and any of the tools required to render the Services are fully entitled to its legitimate owners, Pymemarketing with the use conditions of each of them at the time the services are rendered. The Client undertakes respecting and maintaining the industrial and intellectual property rights related to the Services that Pymemarketing renders to the Client in compliance with this Agreement. The Client will collaborate with Pymemarketing in the protection of the said industrial and intellectual property rights pertaining to the Services, or any other industrial and intellectual property right fromPymemarketing, and will communicate to Pymemarketing any infraction of the said rights that the Client knows about directly or indirectly. The Client is holder of the own data added to Pymemarketing’s platform during the period of validity of the present Agreement.

7. DURATION OF AGREEMENT AND TERMINATION

This Agreement will have a duration of one (1) month from the beginning of the Services. Once the period of validity of one (1) month has elapsed, this Agreement will be automatically renewed in supplemental periods of one (1) month, unless any of the parts notifies to the other part in written form via email a desire to terminate the Agreement, with a notice period of seven (7) days in advance to the termination date of the initial periods of validity or any of the consequent renewals. In the event that the said notification is made by the Client to Pymemarketing, such notification shall be sent via email to mgalve@pymemarketing.net. In the event that the Client does not submit the fees during the period of validity of this Agreement, Pymemarketing has the right to suspend the performance of Pymemarketing’s Services  and shall resolve this Agreement automatically and unilaterally .

Likewise, this Agreement shall be resolved unilaterally and immediately by Pymemarketing, in the following events: (a) the Client has failed to keep any essential terms obligation and conditions of this Agreement has violated duties of the agreement or these terms and conditions, giving special attention to the Client failing to submit payment; (b)the Client has failed to keep any essential terms obligation and conditions of this Agreement has violated duties of the agreement or these terms and conditions once the Client has been declared bankrupt by a qualified court ; (c) the Client agrees dissolution, or adopts any social agreement or any administration of liquidation. In any case, at the termination or resolution of this Agreement.

8. DURATION OF ACCOMPLISHMENT/PERFORMANCE OF AGREED SERVICES

The dates for accomplishing the projects are present in the corresponding section paragraph “Services”. These are estimated dates and the daysare counted as workdays (Spain’s work schedule) not natural days. In some occasions the Services may be performed prior to the stated date. Pymemarketing. Publicidad y Comercio Electronico S.L.U. is not liable for any delay on the Services performance.

In any case the delay in performance shall not be sole cause of Pymemarketing. Publicidad y Comercio Electrónico S.L.U it shall be over 30 additional working days present in the different plans. In such case, the user could choose a partial return of the total sum of the purchase, in proportion to, the incurred expenses, the number of employed hours up to now and the estimated by Pymemarketing that were needed to fulfill the project or the services performance.

If the delay in the performance is imputable to the Client and as a consequence there is no time left to complete the services performance in the scheduled time, the duties in the services performance by Pymemarketing shall be expired and in any case the paid sum for the purchase shall not be reimbursed.

So that if he/she may wish to extend the period of time to complete the project at the estimated date it shall be necessary to make an additional payment corresponding to a 30% of the ordered services by which he/she shall have the right to complete the project initially ordered in the following 15 days.

After this period of time, it shall not be possible to renew with a new period of time and the Client would lose the right to perform the service as a consequence to their poor assistance and their constant delays.

The moment the payment is made is the date taken into account. Pymemarketing. Publicidad y Comercio Electrónico S.L.U will send a notification by e-mail together with the invoice once we receive the payment.

9. MISUSE OF REPORTS

Pymemarketing. Publicidad y Comercio Electrónico S.L.U is not responsible for the misuse by the users of the issued reports.

Pymemarketing. Publicidad y Comercio Electrónico S.L.U may issue the reports to any person or company, either owner or not of the Website.

10. ADMISSION RIGHTS RESERVED

Pymemarketing. Publicidad y Comercio Electrónico S.L.U reserves the right to to accept the rendering of a service for a client, if it is considered that  it is not interested on a specific client, will not be able to render a determined service or not having the required resources to provide a service at that moment, either for staff, time or technical reasons or whatever might rise in the company.

In such cases the Client will be notified in a period of 15 working days after the payment confirmation, confirming the payment has not been accepted and we will proceed to the reimbursement of the sum, in the same payment method used for the purchase at www.pymemarketing.com.

11. CONFIDENCIALITY

The parties undertake to maintain confidential and not to reveal to third-parties the existence and content of this Agreement. Also, the parties undertake to maintain confidential the information they receive from the other Party and they have access to during the fulfillment of this Agreement, and to communicate under no circumstances to thrid-parties unless required by the law, court decisión, administrative order, arbitration award, mutual agreement by pact, or is related to information in the public knowledge, or necessary for the accomplishment of this Agreement.

The parties undertake to adopt the required measure so as to grant the access to the confidential information of the other Party to the persons dependant on them are to comply with the with established requirements in this Clause, being mutually responsible for the dependant persons in the event of a breach of the said confidentiality obligations by the same. This Clause will remain in force undefindely subsequent to the termination or resolution of this Agreement.

12. PROTECTION OF PERSONAL DATA

By accepting this Agreement, the Client consents Pymemarketing to incorporate the personal data specified in the forms preceding these terms and conditions, to the file “Clients”, of which Pymemarketing. is responsible, in order to activate the ordered Services and become a client, authenticate the user name and password to allow the use of Pymemarketing’s Services. the Client has ordered, and to keep him updated on new products and services from Pymemarketing or promotional campaigns from Pymemarketing, by any media, including e-mail, or similar media the Client expressly agrees to receive.

It is necessary to submit the personal data specified as on the contrary, Pymemarketing. could not provide the ordered Services. The Client has the permanent right to access to rectify, cancel and oppose addressing the request to the Commercial Department at Pymemarketing. C/ Argualas 6. 3DCHA – 50012 Zaragoza (Aragón, España), or by e-mail: mgalve@pymemarketing.net.

The Client declares having completed the requirements established in the prevailing law related to the protection of personal data, and having obtained all the  required consents, licences and authorisations to carry out the collection, treatment, transfer and international transfer, accordingly, of the users’ personal data required for the use of the Services .

Also the CLIENT undertakes releases from any liability and keep safe Pymemarketing for the penalties or compensations that may have been imposed for damages and losses that may cause to third parties in case of default of the law related to personal data protection.

At the termination of this Agreement, the users’ personal data added by the Client to Pymemarketing’splatform will be destroyed or returned to the Client, as well as any other format or document where it may contain personal data.

13. NOTIFICATIONS

Any notification ir communication on this Agreement between the Parties, will be carried out in written form via e-mail, certified mail with acknowledgement of receipt, private written communication given back with a signature of the addressee at all times, as a proof of acceptance and reception, or by any other channel that ensures the sending and reception addressed to the destination the Parties notify in each case.

14. GOVERNING LAW AND JURISDICTION

The present general conditions will be interpreted and subject to in accordance with the Spanish and European governing laws.

For the resolution of any conflict that may arise, the parts submit undergoing a first instance arbitration process, which would take place in the service provider’s registered office, and in the event of not formalising this conciliation agreement, then the Client refuses any jurisdiction other than Courts of Justice located in the same city as Pymemarketing. Publicidad y Comercio Electrónico S.L.U. registered officel, i.e. Zaragoza, Aragón, Spain.

If you partially or completely disagree with the preceding terms and conditions, do not click on the “Accept” button and exit by closing the “Processing Service Order” windows.