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GENERAL CONDITIONS OF RECORDIA
1. GENERAL CONDITIONS OF THE RECORIA SERVICE
These General Conditions (hereinafter, the "General Conditions") regulate the provision of the RECORDIA Service (hereinafter the SERVICE) that CLOUD WOLDWIDE SERVICES S.L. (Hereinafter "THE PROVIDER"), domiciled in Pozuelo de Alarcón (Madrid), at street C / Joaquín Turina, 2, Postal District 28224, registered in the Mercantile Registry of Madrid in Volume 30,018, Sheet 123, Page M - 540265, 1st Entry, (hereinafter CWS), makes available to the users (hereinafter, the CLIENT).
The completion of the purchase process attributes to the CLIENT the condition of user of the SERVICE and implies the acceptance, without reservations, of these General Conditions. Such acceptance becomes indispensable for the provision of the SERVICE. The Client hereby states that he / she has read, understood and accepted these General Conditions.
The use of the SERVICE also implies the acceptance by the CLIENT of all notices, regulations of use and instructions to be made known to him by THE SUPPLIER after the acceptance of these General Conditions; your non-acceptance, within the term to the effect granted, will lead to termination of the Contract by the Customer.
These General Conditions regulate the commercialization of the SERVICE and together with the Conditions established by THE SUPPLIER, the use of the same by the CLIENT, as well as the consideration to be paid by the Client to THE SUPPLIER, by transfer or SEPA mandate for the payment of The invoices that are issued for such consideration, in a timely manner, according to the prices listed in section 6.1.1. Of these General Conditions.
3. SERVICE DESCRIPTION AND COVERAGE
3.1. Service description
RECORDIA is a Service of Recording of vocal utterances, provided in Cloud mode that allows safe and simple storage of this type of communication for any organization. RECORDIA allows the registration, search and access of electronic content, such as calls from fixed, mobile, PBXs, SMS or faxes, with encryption and storage in the Cloud, allowing free IT and Contact Center departments the management of expensive and complex resources dedicated to functions such as recording, signing, encryption servers, decoders, storage cabins, backup services, data centers or high availability.
RECORDIA is a sophisticated application that works through the pay-per-use model.
RECORDIA uses a completely Web-based technology from which you can safely access all the features. All communications between RECORDIA and its users are encrypted.
The SERVICE is owned by THE SUPPLIER who is responsible and mandated to the CLIENT to provide the SERVICE to the CLIENT.
3.3. SERVICE coverage and functionalities
As described in the hiring offer.
4. CONDITIONS OF USE OF THE SERVICE
The requirements for the provision of the Service are as follows:
4.1. Access Requirements
Access to the SERVICE requires an Internet connection.
In order to use the service, the CLIENT must also:
• Access the e-mail account configured in THE SERVICE.
• Have a web browser properly updated: Internet Explorer 8.0, Firefox 10.0, Safari 4.0, Google Chrome 17.0 or higher.
4.2. Minimum requirements of the equipment necessary for the installation of the product.
In addition to the above requirements for access, the CLIENT must configure the switches so that THE SERVICE can access the voice traffic generated at the CLIENT's premises.
4.3 Authorization for storage of treated documents.
With the acceptance of these General Conditions, the SERVICE CLIENT authorizes THE PROVIDER to store in the technical support infrastructure the electronic documents that have been sent to the SERVICE for later referral to its recipients. The storage of such electronic documents will be done exclusively for the time necessary to complete the transaction, unless, expressly and using the channels enabled for the purpose, the CLIENT decides that such custody should be extended for a longer time. In any case, the documents, while remaining in the technical infrastructure of the Service Platform remain encrypted, so only the user and the technical services of administration of the SUPPLIER could have access to them.
5. SERVICE SUPPORT AND CUSTOMER SERVICE
THE SUPPLIER may provide the CUSTOMER Service, by itself, or through an authorized Technical Assistance Service.
The CUSTOMER Service consists of a Commercial Assistance Service and a Technical Assistance Service.
5.1. The CUSTOMER Service
It consists of a Telephone Commercial Assistance Service, which will be accessed through the Customer Service Center number (hereafter referred to as CAC) enabled for this purpose by the SUPPLIER in the commercial attention number +34 910 220 300.
5.2. The Technical Assistance Service to the CLIENT
It consists of the SUPPLIER service provided through the telephone +34 910 220 300 or through the online tools available on the SUPPLIER web portal.
This Service does not include technical assistance of incidents in the computer equipment of the CLIENT.
6. CUSTOMER OBLIGATIONS
6.1.1. Price and duration of the SERVICE
Price and duration are according to the amount and duration that appears in the Annex to these General Conditions, according to the contracting modalities described there.
THE PROVIDER may make variations in prices for commercial reasons, in order to make packages of services or promotions, informing the CUSTOMER of them. Any modifications to the applicable prices will be communicated by THE PROVIDER to the CLIENT through any of the means provided in Clause 18, thirty (30) days in advance.
In case the CLIENT manifests its disagreement with the new tariffs, it may unilaterally resolve the service provision relationship regulated in these General Conditions, without giving the CLIENT penalty or additional cost.
Upon expiration, the contract will be extended for successive periods of one year, unless either Party wishes not to extend it with a 30-day notice in respect to the expiration date of the Contract or any of its extensions.
6.1.2. Way to pay
The CLIENT undertakes to pay the price indicated in Annex I of these GENERAL CONDITIONS. The SUPPLIER shall invoice the CLIENT with the amounts set forth in the General Tariff Schedule in force at any time, as follows:
The CLIENT will make the amount of the SERVICE effective against annual invoices at the beginning of the same quantity. The payment of invoices will be by transfer to the 30 days of the date of issuance of the invoice.
In case of delay in payment, THE PROVIDER may temporarily or definitively suspend the provision of the SERVICE if, after requesting the payment to the CLIENT, it has not made it effective within a period of seven (7) days from said request.
Once this period has expired, THE SUPPLIER shall re-request the Customer, granting him a new term of ten (10) days to make the payment, after which, THE SUPPLIER may proceed to the final interruption of the SERVICE by canceling the same.
6.2. Correct use of SERVICE
Notwithstanding the Conditions of Use of the SERVICE that the PROVIDER establishes in its case, the CLIENT undertakes to use the SERVICE in accordance with the law, morality, generally accepted good customs and public order, as well as to refrain from using The SERVICE for illicit purposes or effects, prohibited in these General Conditions, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload or deteriorate the Services, computer equipment of other CLIENTS or other users (Hardware and software), as well as documents, files and all kinds of content stored on their computer equipment (hacking), or prevent the normal use or enjoyment of said Services, computer equipment and documents, files and contents by the Other CLIENTS and other users.
6.3. Use of the CLIENT's email address by THE PROVIDER
The CLIENT accepts and authorizes the SUPPLIER to use his email to communicate with him and send him messages, such as communications that THE SUPPLIER may send to the CLIENT in accordance with these General Conditions or from automatic mailing lists (such as technical messages or operational and commercial information about products and services offered by EL PROVEEDOR, etc.).
In relation to the Access Keys, the CUSTOMER assumes the following obligations:
The access credentials to the SERVICE (hereinafter, "Access and Purchase Keys") will be assigned during the CLIENT registration process or registration of each user in THE SERVICE, where:
• The access identifier will be an email address of the user
• The password is set by the user when the activation process is completed
These credentials can be modified later at the user's will and under his responsibility.
These credentials must be provided by the user to access the restricted sections of the portal: use, contracting and application management, user management and other administrative management.
In addition, and if the provided service requires it, the SUPPLIER may require the users of the SERVICE to use other additional credentials for their use (the "Service Keys").
THE PROVIDER may unilaterally and at any time modify, suspend or revoke the user names or the Access and Purchase Keys, in order to unify the various access keys available to the CLIENT in the different services offered by THE PROVIDER, Proceeding to the communication to the CUSTOMER immediately.
6.4.2. Use and custody
The CLIENT agrees to make a diligent use of the Keys of Access and Purchase and to keep in secret its Keys of Access and Purchase. THE PROVIDER is not responsible for the use made by both the user and third parties of the access codes.
In any case, the CUSTOMER will be responsible for the expenses related to the use of the SERVICE by any third party who uses the CLIENT's Access and Purchase Keys to the effect, since the management of these is his responsibility. As an exception to this, the CLIENT will not be responsible for the expenses related to the use of the Service by a third party that uses the Clients' Access and Purchase Keys, when such use is due to an administrative error or management of THE SUPPLIER or other reason exclusively attributable to THE SUPPLIER.
6.5. Collaboration with the SUPPLIER
The CUSTOMER agrees to provide the SUPPLIER with the necessary collaboration for all those issues and activities that arise during the marketing period or that relate to it.
THE PROVIDER may withdraw or suspend at any time and without prior notice, the provision of the service to those customers who fail to comply with the provisions of these Conditions.
7. OBLIGATIONS OF THE PROVIDER
7.1. Service Level Commitment
Without prejudice to other Conditions that may be established, the SUPPLIER is responsible for the support, attention, resolution of incidents and management of the collection of the SERVICE, the SUPPLIER being responsible to the CLIENT of the provision of the service and of all legal obligations arising from it.
THE SUPPLIER declines all responsibility in case of interruption of the SERVICE by force majeure or by causes attributable to the CLIENT himself.
7.1.2. Liability for lack of availability
Notwithstanding the responsibility that it assumes in relation to the availability of the SERVICE, THE SUPPLIER will be responsible for the lack of availability of the Service, when it is due to a cause directly attributable to THE SUPPLIER.
The following shall not constitute a lack of availability for these purposes: (a) interruption of the SERVICE as a result of the maintenance of the network, whether or not the SUPPLIER, that prevents access of the CLIENT's equipment to the Internet, (b) discontinuity In the SERVICE caused by the introduction by the CLIENT of elements of Hardware or Software that cause a general malfunction of his equipment or that prevent the access of said equipment to the Internet.
7.1.3. Duration of the lack of availability guaranteed
For the purposes provided in Clause 7.1.2. The lack of guaranteed availability of the SERVICE will be computed from the moment in which the CLIENT's fault notice is received, through a technical incident notice in the Technical Assistance Center on the telephone +34 910 220 300, up to the moment in that the notified fault is solved and the SERVICE is effectively restored.
7.2. Customer Service
THE SUPPLIER agrees to provide the CLIENT with the Customer Service in the terms indicated in Condition 5.
8. USE OF THE SERVICE UNDER THE CUSTOMER'S SOLE RESPONSIBILITY
8.1. This SERVICE is provided "AS-IT IS" without warranties of any kind, except for any warranty, term or condition that cannot be excluded under applicable law and those mentioned in this agreement.
8.2. The client assumes all risks and responsibilities related to the selection of the SERVICE to achieve the results proposed, as well as the possible installation, use and results obtained.
8.3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND THESE GENERAL CONDITIONS, THE PROVIDER does not grant any warranty, term or condition that the software will be free from errors, interruptions or failures, or that it is compatible with specific hardware or software except in the form indicated expressly on the website of THE SUPPLIER and / or in the documentation that accompanies the product associated with the SERVICE.
8.4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROVIDER EXCLUDES ALL WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE SOFTWARE AND THE accompanying written materials, including but not limited to warranties, terms and conditions implied warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights.
8.5. The CUSTOMER acknowledges with the acceptance of these General Conditions that the software may not be available or become unavailable due to several factors, including, without limitation, periodic maintenance of the system, whether programmed or not, fortuitous events, technical failure of software, telecommunications infrastructure, or delay or failure attributable to viruses, service rejection attacks, increase or fluctuations in demand, actions and omissions of third parties, or any other cause beyond the reasonable control of THE PROVIDER. Consequently, THE PROVIDER EXPRESSLY DISCLAIMS ANY EXPRESS, IMPLIED OR IMPLIED TERM, CONDITION OR WARRANTY REGARDING THE AVAILABILITY, ACCESSIBILITY OR OPERATION OF THE SOFTWARE AND / OR THE SYSTEM, TO THE EXTENT THAT IT IS RELATED TO REASONS OUTSIDE THE CONTROL PROVIDER, and that are not expressed in the present conditions.
8.6. The CLIENT will be responsible for the incorrect use of the services contracted.
9. LIABILITY FOR USE OF THE SERVICE
9.1. Continuity of SERVICE
The SUPPLIER shall be responsible for the provision of the support, customer service and incident management services.
9.2. Usefulness and fallibility of the Services and contents accessible through the services
THE PROVIDER does not guarantee that the SERVICE is useful for the performance of any particular activity, nor the infallibility of the SERVICE and contents accessible through the SERVICE. THE PROVIDER IS EXCLUDED FROM ALL LIABILITY FOR DAMAGES OF ANY NATURE WHICH MAY BE DEBENTED TO THE FRAUD IN THE UTILITY THAT THE USERS HAVE BEEN ATTRIBUTED TO THE SERVICE AND THE FAILURE OF THE SERVICE AND ACCESSIBLE CONTENT THROUGH THE SERVICES.
9.3. Privacy and security in the use of the Services.
THE PROVIDER does not guarantee the privacy and security in the use of the Internet Access by the CLIENTS and, in particular, does not guarantee that unauthorized third parties will not have knowledge of the class, conditions, characteristics and circumstances of internet use that CUSTOMERS may make or may not access and, where appropriate, intercept, delete, alter, modify or otherwise manipulate the Content and communications of any kind that CUSTOMERS transmit, disseminate, store, make available, receive, obtain Or access through internet Access.
THE PROVIDER IS EXCLUDED, TO THE EXTENT ALLOWED BY THE LEGAL ORDER, FROM ANY LIABILITY FOR DAMAGES OF ANY NATURE THAT MAY BE DEBENTED (?) TO THE KNOWLEDGE THAT THE THIRD PARTIES OF THE CLASS, CONDITIONS, CHARACTERISTICS AND CIRCUMSTANCES OF THE INTERNET USE THAT MAY HAVE THE USERS MAY MAKE OR MAY BE DEBENTED TO THE ACCESS AND, WHEREVER, THE INTERCEPTION, REMOVAL, ALTERATION, MODIFICATION OR HANDLING OF ANY MODE OF THE CONTENTS AND COMMUNICATIONS OF ANY KIND WHICH THE USERS TRANSMIT, DIFFUSE, STORE, PUT TO DISPOSAL , RECEIVE, GET OR ACCESS THROUGH BROADBAND INTERNET ACCESS.
THE PROVIDER IS EXCLUDED FROM ANY LIABILITY FOR DAMAGES OF ANY NATURE THAT COULD BE DUE TO THE ACCESS TO AND / OR USE OF THE SERVICE BY THE CUSTOMER OR OTHER USERS AGAINST THOSE PROVIDED IN THESE GENERAL CONDITIONS.
9.4. Identity and information related to the CLIENTS provided by them
THE PROVIDER does not control or offer any kind of guarantee regarding the truthfulness, validity, completeness and / or authenticity of the data that the CLIENTS provide about themselves or make them accessible to other CLIENTS.
THE PROVIDER IS EXCLUDED FROM ANY LIABILITY FOR DAMAGES OF ANY NATURE WHICH MAY RESULT IN THE INCORRECT IDENTITY OF THE CUSTOMERS AND THE LACK OF TRUTH, EFFECTIVENESS, EXHAUSTIVENESS AND / OR AUTHENTICITY OF THE INFORMATION THAT CUSTOMERS PROVIDE ABOUT THEMSELVES AND PROVIDE OR MAKE ACCESSIBLE TO OTHER USERS, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES OF ANY NATURE WHICH MAY RESULT IN THE SUBSTITUTION OF THE PERSONALITY OF A THIRD PARTY PERFORMED BY A CUSTOMER OR USER IN ANY CLASS OF COMMUNICATION OR TRANSACTION CARRIED OUT THROUGH THE SERVICE.
10. MODIFICATIONS AND CANCELLATION OF THE SERVICE
The characteristics of the SERVICE may be modified in order to adapt them to its technical evolution, as well as cancel the provision of the SERVICE. In these cases, THE SUPPLIER shall notify the CLIENT in the terms of notice given by the SUPPLIER in the conditions of use of the SERVICE or, failing that, thirty (30) days prior to the date scheduled to apply the modification corresponding or the cancellation of the SERVICE. This power of modification does not prejudice the power of withdrawal recognized to the CLIENT in clause 17 without implying for the CUSTOMER penalty or any cost.
11. WITHDRAWAL AND SUSPENSION OF THE SERVICE
THE SUPPLIER may withdraw or suspend, cautiously, the provision of the SERVICE to those CLIENTS who fail to comply with the provisions of these General Conditions, communicating it properly.
12. NO SUPPORT LICENSE
THE PROVIDER does not grant any license or authorization of use of any kind of its intellectual property rights, industrial property, business secrets or any other property or right related to the Services.
13. AUTOMATED TREATMENT OF PERSONAL DATA
(I) For the purposes of current legislation on data protection, THE PROVIDER informs the CLIENT of the existence of automated files with personal data created by the SUPPLIER and under its responsibility, whose purpose is to perform the maintenance and the management of the contractual relationship with the CLIENT, information work of the SERVICE and other associated services, as well as activities related to them. It also informs you of the possibility of exercising, in accordance with the provisions of said legislation, the rights of access, rectification, cancellation and opposition, writing to CLOUD WOLDWIDE SERVICE SL, c / Joaquín Turina, 2 - 28224 Pozuelo de Alarcón (Madrid).
(II) THE SUPPLIER undertakes to comply with the obligation of secrecy with respect to personal data and its duty to keep it, adopting the security measures required by current legislation to prevent its alteration, loss, treatment or unauthorized access.
(III) The provision of the SERVICE that is the subject of the contract may require that some of the facilities that make up the same be provided by a third company other than the SUPPLIER. For this reason, The CLIENT agrees with the acceptance of these General Conditions that THE SUPPLIER communicates the personal identification data and contracted products and services that are necessary for the correct provision of the SERVICE. Such communication may only have the purpose described above, as well as the information and marketing activities, which enable the CLIENT to access the most advanced telecommunications services and products. The customer expressly consents to the processing of their personal data and those generated by their own contractual relationship with the purpose of providing and billing the contracted service.
(IV) The client consents to the sending of commercial communications of THE SUPPLIER on products and services of THE SUPPLIER or marketed by this to their electronic address. However, if you do not wish to receive this information you can revoke your consent at any time by communicating it to the address indicated in section (I) of this clause.
14. PROCEDURE IN CASE OF VIOLATION OF INTELLECTUAL PROPERTY RIGHTS
In the event that a CLIENT or a third party considers that the provision of the SERVICE violates their intellectual property rights, you must contact the CAC of the SERVICE where all the necessary information will be communicated to send a notification to the PROVIDER in which (A) personal data: name, NIF / CIF, address, telephone number and e-mail address of the claimant; (B) signature, including the personal data of the owner of the intellectual property rights allegedly infringed or of the person authorized to act in the name and on behalf of the owner of the intellectual property rights allegedly infringed; (C) accurate and complete indication of the contents or functionalities protected by the intellectual property rights allegedly infringed, as well as their location; (D) an express and clear statement that the provision of the indicated Content or functionality has been done without the consent of the owner of the intellectual or industrial property rights allegedly infringed; (E) expressly, clearly and under the responsibility of the claimant that the information provided in the notification is accurate and that the introduction of the content constitutes a violation of its intellectual property rights.
15. ASSIGNMENT OF RIGHTS
THE SUPPLIER may assign the Contract or the rights arising therefrom to any Company of its Business Group that may provide the SERVICE in the future, being obliged to communicate it to the CLIENT in the terms set forth in Clause 17, notwithstanding that it may request the drop in service.
The Contract between THE SUPPLIER and the CLIENT shall come into force as of the date of the discharge of the SERVICE. For such purposes, the said discharge shall be deemed to have been produced, once the CLIENT has pressed the "I accept" button, as set forth in number 1 of the present conditions.
Said contract will have an indefinite duration, without prejudice to the faculty of unilateral termination or withdrawal recognized in clause 17.
17.1.1. By decision of the CUSTOMER himself, notified to the SUPPLIER by any reliable means within the period established in the conditions of use of the SERVICE, or failing that in the general term of seven (7) days, by means of the procedure that will provide him in the number of commercial policy.
17.1.2. THE SUPPLIER may terminate this agreement by terminating the provision of the SERVICE, after notifying the CLIENT thirty (30) days in advance of the date set for such termination.
THE SUPPLIER and the CUSTOMER have the power to terminate the contract in case of breach of the obligations of the other party, provided that such breach is not remedied within a maximum period of seven (7) days after the written request of the other party requesting the remedy of non-compliance, unless such breach was deemed insurmountable or made impossible the fulfillment of this agreement for the denouncing party, in which case the resolution may be immediate. This, in any case, leaving safe the claim that damages may correspond to the party compliant, as well as the power to withdraw and suspend the SERVICE provided in Condition 10.
Once the provision of the Service, subject to these General Conditions, has been completed, THE SUPPLIER shall invoice the full amount corresponding to the last monthly payment. However, in the event that the termination of the benefit is due to the withdrawal of the SUPPLIER, it will invoice the amount corresponding to the proportional part of the last monthly quota, depending on the date of effectiveness of the withdrawal, all of the above without Prejudice to the provisions of Clause 16.
All notifications, modifications and communications by THE PROVIDER to the CLIENT shall be carried out in one of the following ways as appropriate: (a) sending by postal mail to the address indicated by the CLIENT; (B) sending by e-mail to the e-mail address of registered users in the system; (C) communication by telephone or e-mail to the telephone number or email indicated by the CLIENT as contact information.
The SUPPLIER may also report incidents related to the SERVICE, through publication on its Web pages, when such information is of a general nature for all CLIENTS.
For this purpose, the CLIENT declares that all the data provided by him/her is true and correct, and undertakes to communicate to THE PROVIDER all changes related to his address, collection data and all kinds of information necessary for the management and maintenance of the contractual relationship between THE SUPPLIER and the CLIENT. The CLIENT will respond to the veracity of their data in the terms foreseen in Clause 1.
Communications from the CLIENT to the SUPPLIER should be directed to the Customer Service Department using the commercial attention numbers.
19. APPLICABLE LAW
The provision of the SERVICE regulated by these General Conditions shall be governed by Spanish law.
THE SUPPLIER and the CLIENT are submitted to the Courts and Tribunals that are competent at any time, in accordance with the provisions of current legislation, for any controversy that may arise from the provision of the Service subject to these General Conditions.