In the case of checking the box “I have read and accept the Contract Conditions”, the Client gives his express consent to comply with the terms of this contract and his agreement with all the clauses contained therein through ELECTRONIC ACCEPTANCE. OF THE SAME. By clicking on the payment button, the Client acknowledges that electronic acceptance is equivalent to his or her handwritten signature and confirms his commitment to comply with all the provisions and obligations established in this contract. The electronic acceptance of the contract will be binding and will constitute a legally valid agreement between the Client and ENTRE Trámites.
CONTRACT CONDITIONS
For all legal purposes the Spanish language version of the contract conditions, shall be the legally binding one. This English language version is a translation and may contain errors.
This SERVICE PROVISION AGREEMENT 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 “Hire” button on the registration page or through any other contracting method that ENTRE TRÁMITES has provided, the Client acknowledges and agrees to register in the terms and conditions of ENTRE TRÁMITES. 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.
If you contract any of our services, you will be sent an email that provides us with a copy of this legal document accepted by you.
1.COMPANY
The Web WWW.ENTRETRAMITES.COM (hereinafter referred to as the Website) is owned by ENTRE TRÁMITES, a company with NIF: B01944743 and address at RONDA SANT PERE, 52. 08010, BARCELONA, SPAIN, registered in the Mercantile Registry of Barcelona, Volume 47465, Sheet B-552615, Folio 13.
The User can contact ENTRE TRÁMITES in the User Service by telephone + 34930 185 237 (Monday to Friday from 9:00 a.m. to 6:00 p.m. or at the email address [email protected]
2. CLIENT
The Client of ENTRE TRÁMITES (hereinafter referred to as the Client) is any natural person of legal age or legal entity who contracts any of the Services offered on the Website, either through a monthly subscription or through specific contracting of a service.
When you sign up for one of our plans or contract a service, you will be asked for the following personal data, necessary to establish the contractual relationship:
- Name and surname
- Name of the commercial company (when applicable)
- NIF
- Complete Tax Address
- Phone number
- Credit Card (Only in the case of one-time and one-off 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 services included and those that are not included or can be contracted by paying an additional fee are specified. It is very important that if you have any questions regarding the included services, you contact ENTRE TRÁMITES prior to contracting.
3. OBJECT OF THE CONTRACT
The object of this contract will be the services included in the plan or specific service that has been contracted by the client (Specific Conditions).
This may include, depending on the case, 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.
These keys will be personal and non-transferable and the client guarantees that they will establish the necessary measures to avoid fraudulent use of them.
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 consultancy are accounting, tax and labor advice for commercial companies and self-employed workers, and immigration services in Spain. These services are offered by subscription monthly of one of our plans (hereinafter called Subscription), or by specifically 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-advisory. to the self-employed and commercial companies throughout Spain, carried out electronically.
In the case of monthly subscription services, by using the billing program, the client consents to the fact that their data is stored by the company’s servers AON SOLUTIONS S.L.U.
On the one hand, ENTRE TRÁMITES, and on the other, the Client, mutually recognizing 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 Client as an End User, for their exclusive use, so under no circumstances may they resell or distribute the Subscription or the contracted services to third parties.
4. PERFECTION OF THE CONTRACT
The validity of contracts concluded electronically is protected by article 23, sections 1 and 3, of Law 34/2002 on Information Society Services and Electronic Commerce: “Contracts entered into electronically 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 the Client expresses his or her agreement with these contract conditions by pressing the “Contract” button or any other means established by ENTRE TRÁMITES, and 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 acceptance of the contract when it has been concluded exclusively through an exchange of email or another type of equivalent electronic communication, as established in article 28.3 b) of Law 34 /2002 of Information Society Services and Electronic Commerce, as well as what is established in the Royal Legislative Decree 1/2007 . The parties agree to legally equate the Client’s handwritten signature with that made using any type of keys, codes for identifying security elements. Without prejudice to the foregoing, ENTRE TRÁMITES may require written confirmation when it deems necessary.
In cases in which the Client, user of the services and products of ENTRE TRÁMITES, is considered a Legal Entity, he or she will be responsible at all times for the valid and effective authorization or power of attorney of the natural persons who enter into this contract and will not be able to oppose 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, is constituted with the The natural person who contracts on behalf of a commercial company, who with the guarantee of his assets and rights, will be responsible for all the obligations of this contract, as joint guarantor.
5. SERVICE DESCRIPTION
The services that ENTRE TRAMITES 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 website with information and content related to the field of online accounting, tax, labor and legal management-advice for self-employed workers and commercial companies throughout Spain, as well as others. services related to the field of immigration advice. The express subscription and/or acquisition of these services on the WWW.ENTRETRAMITES.COM website grants the right to access these contents, under the terms expressed in these Contract Conditions.
To obtain the Subscription Registration or contract the services offered on the Website, 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 all times and accept the general terms. ENTRE TRÁMITES specified in this Contract.
To determine the ability of the Client or any user to access the Website and allow access to all or some of the contents and Services of the Website, the Client will be assigned certain keys with a username and password, or access corresponding to the Cloud.
The Client’s keys 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 operations carried out with their passwords, so 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 ENTRE TRAMITES of this circumstance immediately. The Client’s omission of this duty will grant ENTRE TRÁMITES the power to terminate the Contract unilaterally and without any type of compensation for the Client. ENTRE TRAMITES will not have any responsibility for the incorrect use made of the Client’s keys.
When it is necessary for the Client to register or provide personal data to be able to access any of the Services offered by ENTRE TRÁMITES, the collection, processing and, where appropriate, the transfer or access of the User’s personal data will be under the application of the provisions of the Legal Notice and the Privacy Policy, which can be accessed through the Website and which will form an essential part of these Contract Conditions.
6. FEE
For the services that ENTRE TRÁMITES is obliged 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 and in the Annex 2 of prices.
ENTRE TRÁMITES will charge, where appropriate, the Client for the provision of the Website Services based on the rates in force at all times on the Website, and which the Client declares to know and accept, which are detailed in the specific conditions of each Plan or Service. Regarding services that do not conform to the plans listed on the website, a personalized quote will be sent to the client.
The price of the rest of the services offered will be accrued at the time of contracting it, and payment can be made by credit/debit card or by direct debit if they are users who are already clients 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 all times and sent to the Client in the manner and within the deadline by email.
The price of active subscriptions may be revised, with prior communication one (1) month in advance and acceptance by the subscribed customer. The aforementioned, without prejudice to adapting the price of the plans collected on the website by companies and/or freelancers that do not adjust to the specific conditions of each plan, prior to sending and accepting a personalized quote.
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 must in any case communicate said change through those channels used as an advertising channel for the Client or potential Customer. Unless otherwise specified, all prices quoted on the Website and in advertising media are understood to be excluding VAT.
7. BILLING – PAYMENT METHOD
The fees referred to in clause 4 will be invoiced monthly in advance starting from 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 into the client’s current account.
Any amount not received by ENTRE TRAMITES on the Due Date of the invoice will be considered overdue. For any overdue amount, the legal late payment interest in effect at the time of maturity 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 TRAMITES may suspend the provision of the Service, or terminate the contract, with prior written notice via e-mail. of five (5) days, without prejudice to the fact that, along with the unpaid amounts, late payment interest and corresponding management expenses are also accrued, increasing annually with the CPI (Consumer Price Index). The Subscription will not be restored as long as the Client does not proceed to pay all amounts owed, including late payment interest and management costs.
If the payment of the amounts owed by the Client to ENTRE TRÁMITES, including default interest and management expenses, will be made after the suspension of the Subscription, ENTRE TRÁMITES reserves the right to register again the User who requests it. .
8. DATA PROTECTION
In the event that, due to the provision of the services covered by this Contract, ENTRE TRÁMITES must have access to personal databases owned or held by the Client, ENTRE TRÁMITES: (a) will only process the data to which it has access. in accordance with the instructions given to it by the Client for this purpose and will not apply them to or use them for a purpose other than that indicated in said instructions, nor will it communicate them, not even for their conservation, to third parties; (b) adopt basic level security measures (or the higher level that, where appropriate, is applicable) that guarantee the security of personal data and prevent its alteration, loss, processing or unauthorized access; and (c) will return to the Client the personal data in its possession on the date of termination of the Contract and will destroy the media or documents containing such personal data.
Additionally and without prejudice to the foregoing, the Client is informed of the following: (i) their personal data will be incorporated into 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 may assert, at any time, their rights of access, rectification, cancellation and opposition in the terms established in current legislation, by writing to the address listed at the head of this document by certified letter with acknowledgment. Of receipt; (v) the acceptance by the Client that their personal data may be processed or transferred in the manner previously established is always revocable, without retroactive effects, 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.
9. EXCLUSION OF GUARANTEES AND RESPONSIBILITY
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 liability for damages of any kind that may be caused by the lack of availability or continuity of the operation of the Website and the Services, or due to fraud in the usefulness that users could have attributed to it and to the Services, to its reliability, and in particular, although not exclusively, to failures or deficiencies in speed or other type in access to the different pages of the Web.
10. LIMITATION OF LIABILITY
ENTRE TRAMITES disclaims all liability for defects or damages arising from: (a) incorrect or unauthorized use of the Subscription and its contents; (b) the veracity of the data provided by the CLIENT in the service contracting form; (c) the inability to use the Subscription due to: (i) any incident or incident with your 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 TRÁMITES 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 liability of ENTRE TRÁMITES, under this Contract, will not exceed the amount disbursed 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.
11. CLAIMS
Any claim that the client considers appropriate will be attended to as soon as possible, and may
made at the following contact addresses:
- BEAT BUREAUCRACY ET, SL
- Address: RONDA SANT PERE, 52. 08010, BARCELONA, SPAIN
- Telephone: +34 930 185 237
- 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 CUSTOMER and ENTRE TRÁMITES, without the need to resort to the courts of law, 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, and may finally suggest and/or impose a solution to the conflict.
Link to ODR platform:http://ec.europa.eu/consumers/odr/
12. CONFIDENTIALITY
All documents, writings, information, etc. prepared by ENTRE TRÁMITES 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 Trámites will have the right to keep a copy of such documents, writings, information, etc. to the extent that ENTRE PROCEDURES deems it appropriate. ENTRE TRÁMITES is obliged 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, excepting from this obligation information that ENTRE TRÁMITES must reveal in compliance. of laws or regulations or as required or ordered by an administrative agency or body or by a competent judge or court in the exercise of its powers.
13. USE OF THE DIGITAL CERTIFICATE
The Client authorizes ENTRE TRÁMITES to use their personal or representative Digital Certificate, so that they can carry out the specific procedures entrusted in their name and representation, for the services described in this contract.
For the Client’s peace of mind, ENTRE TRÁMITES makes use of Redtrust, an application that guards all digital certificates and establishes the necessary control mechanisms to guarantee their total protection.
The Client declares that, once he downloads and installs the Certificate on his computer, he will acquire the status of Holder and will use the Certificate in accordance with the attached conditions and in accordance with the content of the General Statement of Trust Services and Electronic Certification Practices and those of the Specific Policies and Practices of the Certificates of Natural Persons of the FNMT-RCM (https://www.sede.fnmt.gob.es/dpcs/acusuarios), expressly declaring that you accept them in their entirety and that Your capacity is not limited to contract with this Entity.
These conditions are an extract from the Particular Policies and Practices of Certificates of Natural Persons with the basic standards for the issuance of these Certificates. The following basic information is made available to the Client and that, for reasons of space, the duty of information will be satisfied with the General Declaration of Practices of Trust Services and Electronic Certification (DGPC) and with the Specific Policies and Practices of the Certificates of Natural Persons, made available in digital format at the previous link.
14. CONTRACT DURATION, MODIFICATIONS AND TERMINATION
In the case of services provided through a single payment, this contract will have a limited duration and will conclude automatically once ENTRE Trámites has completed all of the agreed services. Termination of the contract will be effective when the specific product or service detailed in the agreed scope of work has been delivered to the Client.
Both parties acknowledge that the termination of the contract for single payment services will not require additional notification or particular formalities, and will be considered fulfilled once satisfactory delivery of the agreed service has been carried out.
Any additional services requested by the Client, which are not contemplated in the scope of the original work and which generate additional costs, may be the subject of a separate agreement and contract.
In the case of services contracted under a subscription model, this contract will automatically renew at the beginning of each calendar month, beginning on the 1st, unless the Client notifies in writing of its intention not to renew at least 11 days in advance. at the renewal date.
ENTRE TRÁMITES may prohibit access to the Subscription and/or the service and interrupt the validity of the Client’s keys 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 lack of payment, or to prevent conduct by the Client that (i) involves fraud or illegal act related to the content of this Contract; and/or (ii) disrupts its operation and/or the provision of the ENTRE Trámites Services to the Client or third parties; and/or (iii) in the event that the Client provides false, fraudulent or misleading information during the conclusion or validity of the contract; and/or (iv) deliberate falsehood or omission of material information by the Client, which negatively affects the provision of the service or breaches the conditions established in this contract; and/or (v) in the event that the Client adopts problematic, offensive, disrespectful behavior or mistreats any employee, representative or manager of ENTRE TRÁMITES verbally or in writing.
ENTRE TRÁMITES may, at any time, modify these Contract Conditions 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 website with thirty (30) days’ notice. These modifications will only be applicable upon 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 out in this Contract.
The Client will be entitled to terminate the Contract early for the following reasons: (i) breach by ENTRE TRÁMITES of an essential obligation under this Contract, if said breach is not corrected within a period of thirty (30) days from receipt of written notification thereof; (ii) if ENTRE TRÁMITES is the subject of 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 Contract Conditions, the Client will send written notification with a certified 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.
The termination of this Agreement will not relieve the Customer of its obligation to pay any charges incurred under this Agreement prior to its termination.
The Client must 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 any other party. authorized user thereof. (ii) any loss suffered by ENTRE TRÁMITES or third parties resulting from the introduction of a virus to the website by the Client or an authorized user thereof; (iii) any action, claim, cost, expense and procedure that arises due to the use of any data on the Website intended for the provision of the Service that violates any intellectual or industrial property right of third parties.
In the event that a regulatory action, legal or regulatory measure occurs that, in the reasonable judgment of ENTRE TRÁMITES, prohibits, substantially restricts or makes the provision of the Services object of this Contract commercially unviable, ENTRE TRÁMITES will be authorized to: (i) modify the Subscription Services or the terms and clauses of this Contract in order to adapt to the new situation, (ii) terminate the Contract.
Once the contract is resolved within 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 TRAMITES may send the Client the relevant commercial communications to offer the Client the right to renew the Subscription, but it will in any case be the Client’s responsibility to contract a new Subscription for the period of time it deems appropriate.
15. RIGHT OF WITHDRAWAL
The Client has the right to withdraw from the contracted service, in accordance with 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 of the current month that they wish to unsubscribe from the service provided by ENTRE TRÁMITES, otherwise, the cancellation will become effective on the 30th of the month. following.
When the Client has exercised the right of withdrawal, ENTRE TRAMITES will return the sums paid by the Client without withholding expenses according to ourRefund Policy. 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 has been 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 TRÁMITES, you will have lost your right of withdrawal.
16. APPLICABLE LAW
This Contract will be governed in all its aspects, including validity, interpretation and effectiveness, by Spanish common law, to the exclusion of all regional law.
17. COMPETENT COURT
For all purposes of this Contract, the parties expressly submit to the jurisdiction of the judges and courts of Barcelona and expressly renounce any other jurisdiction that may apply to them.
18. COMPLETE CONTRACT
This Contract constitutes the entire agreement between the parties with respect to the matters covered by it, it supersedes any verbal or written agreement between the parties prior to it and may only be modified by another written agreement signed by both parties.