RECUPERACIONS INDUSTRIALS URGELL, S.L. (hereinafter "the Supplier") supplies the Client with the service connection to the DIGITPLAN platform to access the visualization of data and measurements from the readings of the adquired Silometric and Fluidmetric devices.
The specific service contracted and the detail of the number of elements and capacity of each resource shall vary according to the Plan that is included in the Client’s Particular Conditions.
The Supplier reserves the right to establish limits on the number of connections, time of use of servers by the Client's applications and other parameters that denote an abusive use or affect the performance of the servers, to ensure the proper functioning of the Service.
During the guarantee period, the Supplier shall provide the Client with the repair and/or replacement service for the equipment and/or terminals included in the particular conditions of each installation. In the case of replacement of the equipment, it shall be replaced by others equivalent to those substituted.
2. The warranty excludes.
Faults caused by:
- Inadequate use of the equipment.
- Defects caused by fault or negligence by the Client or third parties.
- Manipulation by personnel other than the Supplier.
- Fortuitous cases of force majeure: fires, electric discharges, earthquakes, sabotage or any other catastrophic or extraneous factors.
- Wear or end of life of consumables (batteries etc).
- Use under conditions for which the equipment has not been designed.
- Installation of the equipment in an unsuitable place.
In these cases, the Supplier shall be under no obligation to repair or replace the equipment. In the event of the Client requesting the provision of Service and the defect is found to derive from one of the previously mentioned causes, the Supplier shall be under no obligation to repair either this or any other defect until the former has been resolved by the Client directly or, after acceptance of the estimate, by the Supplier.
The Service rendered shall accrue the rates that appear in the Client’s Particular Conditions. The amount of the tariffs does not include the taxes that must be added by legal imposition.
The Supplier may update the prices of the Service, after giving the Client 90 days notice. In the event of disagreement, the Client may notify the Supplier of their intention to terminate the contract, without incurring any penalty or additional cost. After this period of 90 days has elapsed, if the Client has not expressed their disagreement, it shall be understood that they accept the new rates.
4. Billing and payment.
The Supplier shall issue an independent invoice for each service contracted. The invoice corresponding to the period and/or maintenance fees shall include the services from the first to the last day of the billing period. In the case of registrations, modifications or terminations of the Service within the billing period, the invoice shall include the proportional part based on the number of days of the period in which the Service was rendered. The invoice shall be issued on the 30th day of the billing period.
The form of payment for the Service shall be by direct debit in the account provided for that purpose by the Client. Any other form of payment must have the authorization and compliance the Provider.
5. Non-payment of invoices.
The total or partial failure of payment upon the due date of any of the invoices related to this contract, shall entitle the Supplier to:
a) Require payment of all amounts owed to them.
b) Suspend all Services in progress, whatever their nature, without prior notice.
c) Communicate the termination of the contract to the Client.
6. Technical assistance and resolution of incidents.
The Supplier shall provide the necessary technical assistance for the proper functioning of the Service and an arbitration service free of charge, unless the incident is due to a cause attributable to the Customer or to third parties, in which case the Client shall be responsible for the cost of technical assistance, travel and repair or replacement of equipment.
The Supplier shall provide the Client with a customer service telephone during working hours (+34 973501888) and an e-mail address for technical incidents for holidays and weekends (firstname.lastname@example.org).
7. Duration of the contract.
The present contract is indefinite. The Client may request the cancellation of the Service after written communication to the Supplier with 60 days notice from the date this request is made effective.
The Supplier shall only be liable for direct damages suffered by the Client and only when they are directly caused by the Supplier. It expressly excludes any claim for damages or indirect losses, lost profits, loss of reputation, claims from the user's clients or damages or losses arising from the use of materials, third-party software or suppliers contracted by the Supplier in accordance with instructions from the Client. Likewise, the Supplier shall not be responsible for the loss or destruction of data or information of the Client.
In any case, the compensation for damages that may correspond may not exceed the sum total of the price paid by the Client to the Supplier in the six (6) months prior to the date of the loss.
9. Suspension of Service.
The Supplier may suspend the Service in the following cases:
a) When the maintenance of the Service poses a danger to the maintenance of the security or stability of the platform hosting the Servers.
b) When a technical intervention or maintenance of the Service is necessary.
c) For reasons of force majeure (fires, explosions, failures of transmission networks, collapse of facilities, earthquakes, floods, technical breakdowns, wars, strikes, boycotts, withdrawal of administrative authorizations or any other circumstances beyond the Supplier’s reasonable control).
d) By order from the judicial or administrative authorities.
e) Due to the total or partial non-payment of invoices when due.
f) For the bad use of the terminals or software by the Client.
g) For the disclosure or illegal use of passwords or software.
h) For the total or partial destruction of information transmitted for reasons directly or indirectly attributable to the Client
The Supplier shall notify the Client of the suspension of the Service as soon as possible. In cases in which the suspension of the Service lasts more than 15 days from the notification to the Client, the contract may be terminated on request by either party. The Client may not request compensation for the suspension of the Service.
10. Use of the Service.
The Supplier is not responsible for the use of the contents that the Client may make in violation of the laws or these general conditions, the latter being the sole responsible for the consequences that its illegal use may have, as well as the veracity and/or legality of the accessible contents. In the event that the Supplier becomes aware, either directly or through notifications from third parties, of the existence of contents that may infringe the current law and/or these conditions and/or the fraudulent or harmful use of the service offered, the Supplier reserves the right to suspend the service partially or totally, with no need for prior authorization from the client.
11. Protection of personal data.
The Client is informed that the personal data requested are necessary to formalize and manage the service, and will be incorporated into the corresponding file of the Supplier for internal use, carrying out operations and contracting the services, for which he gives his authorization. The person in charge of said file is the Supplier, and the Client can exercise the rights of access, rectification, cancellation and opposition of their personal data, in the terms established in the Spanish Organic Law 15/99 of December 13th for the protection of personal data of and other current regulations. Your data may be used for future communications of products or services from the Supplier related to this service. Likewise, the Client consents that the Supplier may store the visited pages for security, statistical and other purposes, giving their full consent.
12. Assignment of the contract. Outsourcing.
The Client expressly consents to the assignment of the contract or subcontracting of the Service provided by the Supplier to third parties.
In the event of transfer, the Supplier shall inform the Client, as soon as possible, of the data of the natural or legal person assignee, who must expressly subrogate to all the obligations assumed by the Supplier with the Client under this contract. For its part, the Client expressly consents to the transfer of personal data, which must be communicated to the Client in a timely way.
In the event of subcontracting, the Supplier must comply with the obligations set forth in article 12 of the Spanish Data Protection Law (LOPD). The Client expressly authorizes the transfer of their data to subcontracted companies for the correct provision of the Service.
13. Authorization for the use the brand for references.
The Client authorizes the Supplier to use the commercial name, brand and/or logo of the former in the list of clients of the latter for the possible request for references by third parties, being allowed to publish these in web pages, blogs, advertising dossiers, conferences, etc. Under no circumstances may these be used for any other purposes. At any time, the Client may revoke the authorization with the mere express communication and in writing addressed to the Supplier.
All notifications of incidents, losses, and everything related to the legislation of protection of personal data: cancellation, opposition and/or rectification, should be notified to RECUPERACIONS INDUSTRIALS URGELL SL in a reliable way.