This contract is intended to regulate the general conditions of the products and services offered by POST to the creation and management of a virtual store based on a Saas platform through a manageable set of web pages with graphical information auto and / or text, with exclusive control over who manages it, in the terms and conditions in the contract and its annexes. Attached as Annex I to the contract number description and conditions of products and services offered.
This will be paid according to the particular conditions applicable to each service and that both parties know and agree with the terms of this agreement and its annexes.
This contract shall enter into force on the date of its execution, when the following requirements:
Customer fill in the data required for the web hiring form included in
The contract will last for one year and shall be renewed tacitly for periods of equal duration, unless stated otherwise by either party with at least one month in advance.
The customer may request within the first thirty calendar days from the initial request the refund of the amount that would have been paid for the service creation and management of web shops., Excluding the corresponding amount of the transport service in its case had been hired by the client. To do this you must communicate the supply service to the given email address
In consideration for the goods and services contracted, the customer must satisfy POST, the amounts for each contracted service specified in Annex I to this agreement.
POST reserves the right to change the price of products and services in this contract. If the change was up to the customer will be notified before such a change was affected by variation in the next bill, which is issued. If the client does not agree with the amendment, may exercise its right to terminate this contract by giving notice within 15 calendar days from the date of notification of the change. If during the period of 15 days the customer does not indicate its waiver renewal is deemed to accept the contract with the new price.
POST including monthly billed monthly to the store and hired transportation services and fee charged for each service in accordance with those used by the Customer payment systems, which are set out in the annexes to the contract, according to the data and numbers detallable billable or consigned shipments generated and validated by POST in the corresponding period.
In case of delayed payment, the payment of the invoice shall be made by the Customer using basic direct debit, within a maximum period of 10 calendar days from the invoice date.
Failure to pay the bill within the established deadline may result in total or partial termination of the contract, for reasons attributable to the Customer, as well as to accrual of default interest from the first day of maturity, the legal rate established by Law measures combating late payment in commercial transactions or the provision which, if necessary, replace it.
The foregoing is without prejudice to the Client's obligation to indemnify POST, for the recovery costs arising from the default of / s invoice / s.
The CUSTOMER expressly agrees that the issuance of bills is done so with full legal validity telematic, in compliance with current regulations on taxation.
You warrant that the data provided during the hiring process of products and services are correct and complete and will keep you updated during the contract period.
You warrant that use of the service / hired under current legislation and good faith product. Similarly, the customer agrees to comply with the provisions and commitments contained in the general and special conditions of the services and products.
The CLIENT will offer its products to visitors of the Virtual Store and make online sales of these products in your own name on your own risk, assuming all obligations and responsibilities imposed by the law applicable to the general for sale and especially online sales.
The Client declares that the products offered on the online shop are production, marketing and use in accordance with applicable law and respect the rights of any third parties. The CLIENT will assume the warranty products sold through the online store.
You guarantee that the contents of files stored on servers is your sole responsibility.
The customer guarantees that make the payment of the services and products on time and complete.
You warrant that the content of the web store, will in any case in accordance with Spanish law, and especially the Law on Protection of Personal Data, Data Protection Act 15/1999 of 13 December, and its implementing regulations.
You warrant not to use the service or the email addresses for sending unsolicited messages and sending large messages in order to crash the server.
The customer guarantees that there shall create any type of web software that is directly or indirectly detrimental to the performance of servers, either through consuming more resources than necessary or programming of any kind of code that damages restart or turn the servers whether intentionally or not.
The CLIENT will be responsible for all taxes, whatever their nature and character, that accrue as a result of the virtual store business, and any natural or legal operations entailing.
The CLIENT is solely responsible for determining whether the service which is the subject of this contract meets your needs.
POST entire liability and its subsidiaries or associated companies as a result of any breach of its obligations under this Agreement shall be limited in all cases to a maximum of 2% of the agreed price for the contracted services during the year that such breach has occurred.
Mail will not be responsible in any case;
Outages for errors caused by access providers or by transient Internet conditions, or problems arising from the computer system, software or connection Navigation, telephone network, ADSL, cable, satellite and other transport infrastructure or communications.
Alterations occurring by voluntary and / or involuntary interference and / or misuse thereof and / or programs, for example, virus, server outages, deletion of files, damage the database, fires, explosions, floods, violent actions of third parties, electrical problems (excess or lack of power), or any other that affect or may affect the operation of servers and / or equipment information stored in them.
Client server crashes resulting from overuse or misuse of its resources or the resources allocated to it, outside attacks, hardware or software failures and the like.
Of the failures caused by malfunctioning server, e-mail client, and failure to notify POST of changing email addresses, misinformation by customer negligence.
Circumstances beyond the control of POST, including, without limitation, those caused by force majeure such as accidental loss of information by any cause beyond POST, impairments of customer terminal equipment misuse your responsibility, as well as errors or defects in the client configuration or the like.
The content hosted in the space allotted to the user for the service.
POST will not be liable for damages of any nature caused to another party or the client, as a result of improper or illegal use of the Services and / or contracted products; the content hosted in the space allotted to the user for the service; of possible equipment damage caused by improper use of them; access providers; any illegitimate intrusion by a third party; the faulty client configuration.
POST, hold, or if authorized by the rightful owner of all copyrights, trademarks, intellectual property, know-how and any other rights relevant to the services and customer products and programs computer required for implementation and the information it obtains about the same.
The use of products and services offered by POST, does not grant you any rights or license them on the software needed for service delivery of technical information and tracking services.
The contract grants the customer the right to install and use services and products in accordance with the scope defined in these Conditions and in accordance with the conditions of the product or service purchased. The Client is obliged to observe and respect the contractual and technical limitations related to the use of the platform.
Hereby, the Customer acknowledges ownership and copyright on the program and therefore their rights as users of it, these rights shall also apply to any extension of the program, provided to Customer.
The Customer warrants that it owns the information stored in the allocated space or, in any case, has the authorization to disseminate information on the Internet.
Use of the service may require use by the CUSTOMER, Access Key composed a username (login) and password (password). Customers will receive username and password after successfully completing the registration process. The identification keys and access codes POST provides the customer are personal and not transferable. It is your responsibility to pay due diligence to prevent access and / or use by third parties who access or use in your name or identifying key codes. Also, the customer is solely responsible for the choice, loss, theft or unauthorized use of any password or identification code and the consequences that may arise.
Amendments to the terms and conditions of this contract and its annexes and the particular conditions of service, unless otherwise stipulated otherwise, shall be communicated to the client before it was affected by such amendment. If the client does not agree with the amendment, may exercise its right to terminate this contract by written decision within 10 calendar days from the date of notification of the change communication. If during the 10 day period the customer does not indicate its waiver renewal is deemed to accept the contract with the new price.
Personal data provided by the CLIENT:
The client and their representatives state that all data supplied is true, and undertake to keep them updated and report changes to the database.
If the customer provides personal data to third parties, you agree to comply with regard to people and data, the obligations of the Law 15/1999 (LOPD) and other applicable implementing regulations, specifically reporting obligations and seek and obtain the consent of the holders of personal data.
The personal data will be communicated exclusively to only those service providers which would be necessary to fulfill the purposes stated above.
The client and their representatives, in accordance with paragraph e) of Article 34 of the Organic Law of Protection of personal data give their express and unequivocal consent that at the time of hiring the service or in the future, for implementation, management, administration, provision, expansion and improvement of services to carry out international data transfers, for the provision of development services, maintenance and management of the platform, hosting services and customer service to companies engaged in the provision of these services. These companies may be located in a Member State of the European Union, a state for which the Commission of the European Communities, has declared to ensure an adequate level of protection, 2.- Turkey and Bolivia. Should be provided personal data to third parties, the customer undertakes to inform and seek consent from those affected by the above mentioned rules.
The customer agrees to indemnify POST, of any third party liability, and penalties for claims that originate from non-compliance with obligations to protect personal data falling under the client in accordance with the provisions of this clause and the rules of protection of personal data, including without limitation, in the event that there has been obtained the express consent of the affected, for the international transfer of data mentioned in the previous paragraph. Also, the customer must provide their full support in carrying out the actions corresponding to POST.
In compliance with the provisions of law 25/2007 of 18 October retention of data relating to electronic communications and public networks, POST, shall proceed to hold and retain certain traffic data generated during the development of communications with order to sell them to the legitimate authorities, when legal under the circumstances provided therein.
If one of the conditions of this contract is held invalid, the remaining provisions will remain in those terms. POST will replace affected by adhering as closely as possible to the initial intent of the parties.
It will be cause for termination of contract breach of any of the parties of the obligations under this contract. In particular breach of the warranties in clause 6 of this contract may result in the termination of the contract, without prejudice to compensation for damages that may correspond to POST.
The parties agree to submit any dispute or disagreement relating to compliance, interpretation or acceptance of this proposal to the Courts and Tribunals of Barcelona / Spain, expressly waiving any other jurisdiction that could be applicable depending on your home or characteristics service.