In the case of checking the box “I have read and accept the Contract Conditions”, the Client gives their express consent to the fulfillment of the terms of this contract and his conformity with all the clauses contained therein by means of ELECTRONIC ACCEPTANCE OF THE SAME at the time of clicking on the option “CONTRACT”.
This is a translation of the Spanish language version of the Service Provision Contract’s Commercial Conditions. If there is a dispute between the original Spanish language version or this one, the Spanish version will prevail. For the avoidance of doubt, this translation is for informative purposes only and the original Spanish language version is the legally binding version.
This SERVICE PROVISION CONTRACT regulates the use of the Services provided by BEAT BUREAUCRACY ET, SL (WWW.ENTRETRAMITES.COM), hereinafter, ENTRE TRÁMITES.
By contracting any of the SERVICES of ENTRE TRÁMITES, either by clicking on the “Contract” button on the registration page or through any other contracting method that ENTRE TRÁMITES has provided, the Client acknowledges and agrees to register under the terms and conditions of this document, as well as the rest of the Legal Notices published on the Web that are in force at all times, which complete and complement this Contract, in addition to accepting the specific conditions of each contracted service. Please read the following terms and conditions carefully before accepting them.
In case of contracting any of our services, an e-mail will be sent to you that provides us with a copy of this legal document accepted by you.
The WWW.ENTRETRAMITES.COM (hereinafter referred to as the website) is owned by ENTRE TRÁMITES, a company with NIF: B01944743 and address in Barcelona, Plaza Urquinaona 6 P-15A, registered in the Mercantile Registry of Barcelona, Volume 47465, Sheet B-552615, Folio 13.
The User can contact ENTRE TRÁMITES at the User Attention Service by phone + 34 653 54 91 11 (from Monday to Friday from 9:00 a.m. to 6:00 p.m. or at the email address [email protected]
The Client of ENTRE TRÁMITES (hereinafter referred to as the Client) is any natural person of legal age or legal person, who contracts any of the Services offered on the Web, either through a monthly subscription or by occasional contracting of the service.
You will be asked for the following personal data, necessary to establish the contractual relationship:
- Name and surnames
- Name of the commercial company (when applicable)
- Full Fiscal Address
- Telephone number
- Credit Card (Only in the case of unique and specific services; and monthly subscriptions).
- Bank IBAN (Only in the case of monthly subscription services and when the Client requests it).
Before contracting, you must carefully read the Specific Conditions of each Plan or service, where the included services are specified and those that are not or can be contracted by paying an additional fee. It is very important that if you have any questions regarding the services included, you contact ENTRE TRÁMITES prior to contracting.
- OBJECT OF THE CONTRACT
The object of this contract will be the services included in the specific plan or service that has been contracted by the client (Specific Conditions).
Depending on the case, this may include the use of the billing program or the use of the ENTRE TRÁMITES platform. To access these services, once contracted we will provide you with a username and password.
Said passwords will be personal and non-transferable and the client guarantees that he will establish the necessary measures to avoid fraudulent use of the same.
The ENTRE TRÁMITES Cloud is designed to offer the maximum guarantees of security and confidentiality. Your information will always be protected and stored on our servers.
The main services offered by our advice are accounting, tax and labor advice for commercial companies and the self-employed, and immigration services in Spain. These services are offered by means of a monthly subscription to one of our plans (hereinafter called Subscription), or by contracting a service offered by ENTRE TRÁMITES, the objective of our website is to offer clear and simple information, content and services related to the field of management-advice to the self-employed and commercial companies throughout Spain carried out electronically.
In the case of monthly subscription services, when using the billing program, the client consents to the fact that their data is stored by the servers of the company AON SOLUTIONS SLU.
On the one hand, ENTRE TRÁMITES, and on the other, the Client, mutually acknowledging the legal capacity to contract and be bound in the respective capacities in which they act, agree to these Contract Conditions applicable to the Subscription and the rest of the contracted services.
This Service is provided to the Customer as an End User, for their exclusive use, so in no case may they resell or distribute the Subscription or the contracted services to third parties.
- PERFECTION OF THE CONTRACT
The validity of contracts concluded electronically is protected by article 23, sections 1 and 3, of Law 34/2002 on Services of the Information Society and Electronic Commerce: “Contracts concluded electronically They will have the same validity and will produce all the effects of the Civil and Commercial Legal System.”
The Contract is perfected from the moment in which the Client expresses his agreement with these contracting conditions by pressing the “Contract” button or any other means established by ENTRE TRÁMITES, reading the contractual conditions, and after having correctly completed the form offered from the web server.
The Client agrees that it will not be necessary to confirm receipt of the acceptance of the contract when it has been concluded exclusively through an exchange of electronic mail or another type of equivalent electronic communication, as established in article 28.3 b) of Law 34 /2002 of Services of the Information Society and Electronic Commerce, as well as what is established in Royal Legislative Decree 1/2007. The parties agree to legally equate the autograph signing of the Client to that made by means of any type of keys, codes or identifying security elements. Notwithstanding the foregoing, ENTRE TRÁMITES may require written confirmation when it deems it necessary.
In the cases in which the User Client of the services and products of ENTRE TRÁMITES is considered a Legal Entity, it will respond at all times regarding the valid and effective authorization or power of attorney of the natural persons who celebrate this contract and may not oppose the lack of authorization or the defect or revocation of powers, the consideration for the services and products provided by ENTRE TRÁMITES In accordance with the provisions of article 1,822 of the Civil Code and following, in relation to 1,113 and following of the same Code, it is constituted with the character of joint and several guarantors the natural person who hires on behalf of a commercial company, who with the guarantee of their assets and rights, will be responsible for all the obligations of this contract.
- DESCRIPTION OF THE SERVICE
The services that ENTRE TRÁMITES must provide to the Client in accordance with the terms and conditions of this Contract are those listed on the website www.entretramites.com.
By virtue of these Contract Conditions, ENTRE TRÁMITES offers access to a web page with information and content related to the field of online accounting, tax, labor and legal management/consultancy for self-employed and commercial companies throughout Spain, as well as others. services related to the field of immigration advice. The subscription and/or express acquisition of these services on the WWW.ENTRETRAMITES.COM website grants the right to access these contents, in the terms expressed in these Contract Conditions.
To obtain the Subscription Registration or contract the services offered on the Web, it will be necessary to register and follow the registration procedure indicated by ENTRE TRÁMITES, pay the subscription fee or service fee in force at any time and accept the general terms ENTRE TRÁMITES specified in this Contract.
To determine the access capacity of the Client or any user to the Web and allow access to all or some of the contents and Services of the Web, the Client will be assigned certain keys with a username and password, or access corresponding to the cloud.
The Client’s passwords are personal and non-transferable and the Client will not have the right to transfer or assign them to third parties under any circumstances. The Client will be responsible for all the operations carried out with their passwords, for which they undertake to safeguard them and, if they are aware that a third person has had access to them or has accessed ENTRE TRÁMITES on their behalf and without their consent, they must inform this circumstance immediately to ENTRE TRÁMITES. The omission of this duty by the Client will grant ENTRE TRÁMITES the power to terminate the Contract unilaterally and without any type of compensation for the Client. ENTRE TRÁMITES will have no responsibility for the incorrect use that is made of the Client’s passwords.
For the services that ENTRE TRÁMITES undertakes to provide to the Client in accordance with this Contract, ENTRE TRÁMITES will be responsible for the fees established for each type of service on its website www.entretramites.com in Annex 2 of prices and Annex 2 of prices for immigration services.
ENTRE TRÁMITES will charge, where appropriate, the Client for the provision of the Web Services based on the rates in force at any time on the Web, and that the Client declares to know and accept, which are detailed in the specific conditions of each Plan or Service. Regarding the services that do not conform to the plans listed on the web, a personalized quote will be sent to the client.
The price of the rest of the services offered will accrue at the time of contracting the same, and payment can be made by credit/debit card or by direct debit if it is about users who are already a client of ENTRE TRÁMITES.
The price of the Subscription is accrued and received ENTRE TRÁMITES with the request made by the Client, through recurring payment by credit card or direct debit (subscription).
The ENTRE TRÁMITES Service will be invoiced in accordance with the tax and accounting regulations in force at any time and sent to the Client in the form and term by email.
The price of active subscriptions may be revised, prior communication one (1) month in advance and acceptance by the subscribed client. The aforementioned, without prejudice to adapting the price of the plans collected on the web by companies and/or freelancers that do not meet the specific conditions of each plan, after sending and accepting a personalized budget.
ENTRE TRÁMITES reserves the right to modify the pricing policy of the Service provided in various concepts such as promotional discounts or other rate changes, and in any case, must make a communication of said change through those channels used as an advertising channel for the Client or potential Client. Unless otherwise specified, all prices quoted on the Web and in advertising media are understood to be exclusive of VAT.
- BILLING – METHOD OF PAYMENT
The fees referred to in clause 4 will be billed monthly in advance as of the month corresponding to the date of this Contract. Invoices will be issued within the first five (5) days of the month following the month in question and the amount must be paid within fifteen (15) days following the date of issue. Payments will be made by debiting the card that the Client has arranged for payment or by direct debit of the corresponding receipts in the client’s checking account.
Any amount not received by ENTRE TRÁMITES on the Due Date of the invoice will be considered overdue. For any overdue amount, the legal default interest in force at the time of expiration will accrue.
In the event of non-payment of any invoice on the due date or non-payment of the amount previously claimed for an unpaid invoice by the Client, ENTRE TRÁMITES may suspend the provision of the Service, or terminate the contract, prior written notice via e-mail of five (5) days, without prejudice to the fact that, together with the unpaid amounts, interest on arrears and corresponding management expenses are also accrued, increasing annually with the CPI (Consumer Price Index). The Subscription will not be reinstated as long as the Client does not pay all the amounts owed, including default interest and management fees.
If the payment of the amounts owed by the Client to ENTRE TRÁMITES, including interest on arrears and management expenses, is made after the suspension of the Subscription, ENTRE TRÁMITES reserves the right to re-register the User who requests it.
- DATA PROTECTION
In the event that, due to the provision of the services that are the subject of this Contract, ENTRE TRÁMITES must have access to databases of a personal nature owned or held by the Client, ENTRE TRÁMITES: (a) will only process the data to the that it has access in accordance with the instructions given to it by the Client and will not apply them to or use them for a purpose other than that indicated in said instructions, nor will it communicate them, even for their conservation, to third parties; (b) will adopt basic level security measures (or that higher level that, where appropriate, corresponds) that guarantee the security of personal data and prevent its alteration, loss, treatment or unauthorized access; and (c) will return to the Client the personal data in its possession at the date of termination of the Contract and will destroy the supports or documents in which said personal data is recorded.
Additionally and without prejudice to the foregoing, the Client is informed of the following: (i) their personal data will be included in an automated file owned by ENTRE TRÁMITES; (ii) the purpose of said file is to provide, improve and complete the services that ENTRE TRÁMITES offers; (iii) the Client consents that ENTRE TRÁMITES may send commercial communications by any means (postal mail, email or equivalent electronic means of communication), in order to inform them about their own products or services that they currently offer or that they may offer in the future; (iv) the Client can assert, at any time, their rights of access, rectification, cancellation and opposition in the terms established in current legislation, by contacting the address that appears in the heading of this document by registered letter with acknowledgment Of receipt; (v) the acceptance by the Client that their personal data may be processed or transferred in the previously established manner is always revocable, without retroactive effect, in accordance with the provisions of articles 6 and 11 of the Law Organic 15/1999.
For the purposes of article 34 of the LOPD, the CLIENT gives his express consent for the international transfer of his data by the Service Provider, which uses computer applications that are hosted in the United States for the correct execution of this contract.
- EXCLUSION OF WARRANTIES AND LIABILITY
ENTRE TRÁMITES does not guarantee the availability and uninterrupted continuity of the operation of the Website and the Services provided with it. When this is due to internal causes of the company and reasonably possible, ENTRE TRÁMITES is exempt from any responsibility for damages of any nature that may be caused by the lack of availability or continuity of the operation of the Web and the Services, or for defrauding the usefulness that users may have attributed to it and to the Services, to its reliability, and in particular, although not exclusively, to failures or speed deficiencies or other types of access to the different pages of the website. Web.
- LIMITATION OF LIABILITY
ENTRE TRÁMITES disclaims all liability for defects or damages arising from: (a) the use ENTRE TRÁMITES disclaims all liability for defects or damages arising from: (a) the incorrect or unauthorized use of the Subscription and its content ; (b) the veracity of the data provided by the CLIENT in the service contracting form; (c) the impossibility of using the Subscription due to: (i) any incidence or incident with its hardware and software; (ii) any incident attributable to the Internet Services or telecommunications lines; and in general to (iii) any incorrect operation or action not directly attributable to ENTRE TRAMITES and its employees (d) fines and sanctions imposed by any public administration on the Client due to documentation and/or information that is omitted by the Client, or presented after the deadline, or through unofficial channels: email or AON portal.
In any case, the maximum responsibility of ENTRE TRÁMITES, by virtue of this Contract, will not exceed the amount paid by the Client to carry out this Subscription or contracting of the services offered.
“Pursuant to the provisions of art. 40.2 of Law 7/2017 of November 2, in relation to the alternative resolution of consumer disputes, includes the complete identification of the competent accredited entity: online claim.
Any claim that the client considers appropriate will be dealt with as soon as possible and may be made at the following contact addresses:
- BEAT BUREAUCRACY ET, SL
- Address: Plaza Urquinaona 6, Piso-15A, 08010, Barcelona, Spain.
- Telephone: +34 653 54 91 11
- Email: [email protected]
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the CLIENT and ENTRE TRÁMITES, without the need to resort to the courts of justice, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two.
This body is neutral and will dialogue with both parties to reach an agreement, being able to finally suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
All documents, writings, information, etc. prepared by ENTRE TRAMITES in relation to the Client or its personnel or its activities during the term of this Contract are and will always remain the property of the Client. However, ENTRE TRAMITES will have the right to keep a copy of such documents, writings, information, etc. to the extent that ENTRE TRÁMITES deems it appropriate. ENTRE TRÁMITES undertakes to maintain professional secrecy, both during the term of this Contract and after its termination, on matters that are not in the public domain and are exclusive to the Client, except for the information that ENTRE TRÁMITES must disclose in compliance with this obligation. of laws or regulations or by being required or ordered by an agency or administrative body or a competent judge or court in the exercise of its powers.
- USE OF THE DIGITAL CERTIFICATE
The Client authorizes ENTRE TRÁMITES, to use their personal or representative Digital Certificate, so that he can carry out the specific procedures entrusted in his name and representation, of the services described in this contract.
For the Client’s peace of mind, ENTRE TRÁMITES makes use of Redtrust, an application that safeguards all digital certificates and establishes the necessary control mechanisms to guarantee their total protection.
- DURATION OF THE CONTRACT, MODIFICATIONS, AND RESOLUTION
The contracted subscription will be automatically renewed every 1st of the month in the case of subscription services, or once the specific contracted service has been performed.
ENTRE TRAMITES may prohibit access to the Subscription and interrupt the validity of the Client’s passwords immediately and without prior notification in the event that it considers that the Client has violated any of the terms or conditions of this Contract, due to non-payment, or for prevent Customer conduct that (i) involves fraud or an illegal act related to the content of this Agreement; and/or (ii) disrupts its operation and/or the provision of the SERVICES of ENTRE TRÁMITES to the Client or to third parties.
ENTRE TRÁMITES may, at any time, modify these Conditions of Contract or introduce new conditions of use, which will be communicated to the Client by means of a notice that has been published on the Service’s website with thirty (30) days’ notice. Said modifications will only be applicable from their entry into force and the Client will have the right to terminate the contract without any penalty in the event of non-acceptance of the new conditions, adhering to the notification and resolution procedure set forth in this Contract.
The Client will be authorized to terminate the Contract in advance for the following reasons: (i) the breach by ENTRE TRAMITES of an essential obligation under this Contract, if said breach is not remedied within thirty (30) days from receipt of written notice thereof; (ii) if ENTRE TRÁMITES is subject to a final judicial declaration of bankruptcy; (iii) the liquidation of ENTRE TRÁMITES or the cessation of its business activities; (iv) if ENTRE TRÁMITES modifies these Conditions of Contract, the Client will send a written notification by registered letter to the attention of the User Service of ENTRE TRÁMITES and granting fifteen (15) days for the resolution of the Contract from receipt of said writing.
Termination of this Agreement will not relieve Customer of its obligation to pay any charges incurred under this Agreement prior to termination.
The Client shall indemnify ENTRE TRÁMITES from and against: (i) any loss or damage suffered by ENTRE TRÁMITES or any third party resulting from the actions of any person who obtains unauthorized access to the Website using any keys granted to the Client or to any authorized user of it. (ii) any loss suffered by ENTRE TRAMITES or third parties as a result of the introduction of a virus on the website by the Client or an authorized user of the website; (iii) any action, claim, cost, expense and procedure arising from the use of any data on the Web for the provision of the Service that violates any intellectual or industrial property rights of third parties.
In the event that a regulatory action, legal or regulatory measure ensures that, in the reasonable opinion of ENTRE TRÁMITES, prohibits, substantially restricts or makes the provision of the Services object of this Agreement commercially unviable, ENTRE TRÁMITES will be authorized to: (i) modify the Subscription Services or the terms and clauses of this Agreement in order to adapt to the new situation, (ii) terminate the Agreement.
Once the contract has been terminated within a period of fifteen (15) days, ENTRE TRÁMITES will send electronically all the documentation deposited in the Client’s virtual file to the email provided in the specific conditions and will proceed to eliminate it.
When the Subscription ends, ENTRE TRÁMITES may send the Client the commercial communications that are pertinent to offer him the right to renew the Subscription, but in any case, it will be the Client’s responsibility to contract a new Subscription for the period of time that he deems appropriate.
- RIGHT OF WITHDRAWAL
The Client has the right to withdraw from the contracted service, according to the provisions of current consumer and user regulations. In the case of a monthly subscription product, the Client must inform no later than the 20th day of the current month that they wish to cancel, otherwise, the cancellation will be effective the following month.
When the Client has exercised the right of withdrawal, ENTRE TRÁMITES will return the sums paid by the Client without withholding expenses. The return of these sums will be made without undue delay and, in any case, before fourteen (14) calendar days have elapsed from the date on which the Client was informed of the decision to withdraw from the contract.
However, the right of withdrawal cannot be exercised once the service has been completely executed or when the execution has begun, with the prior express consent of the Client and with the acknowledgment on his part that he is aware that, once the contract has been fully executed by ENTRE TRAMITES, you will have lost your right of withdrawal.
- APPLICABLE LAW
This Agreement will be governed in all its aspects, including validity, interpretation and effectiveness, by Spanish common law, to the exclusion of all regional law.
- COMPETENT JURISDICTION
For all purposes of this Agreement, the parties expressly submit to the jurisdiction of the judges and courts of Barcelona and expressly waive any other jurisdiction that may correspond to them.
- COMPLETE AGREEMENT
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, supersedes any prior verbal or written agreement between the parties and may only be modified by another written agreement signed by both parties.