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 CONTRACT FOR THE PROVISION OF SERVICES regulates the use of the Services provided by BEAT BUREAUCRACY ET, SL (WWW.ENTRETRAMITES.COM), hereinafter, BETWEEN PROCESSES.
When contracting any of the ENTRE TRÁMITES Services, either by clicking on the “Contract” button on the registration page or through any other contracting method that ENTRE TRÁMITES has arranged, the Client acknowledges and agrees to register in 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 it.
In the event of contracting any of our services, you will be sent an e-mail that provides us with a copy of this legal document accepted by you.
TheWeb WWW.ENTRETRAMITES.COM (hereinafter referred to as the Web) is owned by ENTRE TRÁMITES, a company with NIF: B01944743 and domicile 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 in the User Service Department 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 entity, who contracts any of the Services offered on the Web, either through 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 mercantile company Useful (when applicable)
- Full Fiscal Address
- Telephone number
- Credit card (Only in the case of unique and punctual services; and monthly subscriptions).
- Bank IBAN (Only in the case of monthly subscription services and when requested by the Client).
Before contracting, you should carefully read the Specific Conditions of each Plan or service, where the services included are specified and those that are not included 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 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.
Said passwords will be personal and non-transferable and the client guarantees that he will establish the necessary measures to prevent 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 and self-employed companies, and immigration services in Spain. These services are offered through asubscription monthlyto one of our plans (hereinafter called Subscription), or through the specific contracting of 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 mercantile 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 servers of the company AON SOLUTIONS SLU.
On the one hand, BETWEEN PROCEDURES, and on the other, the Client, mutually recognizing the legal capacity to contract and be bound by the respective qualities in which they act, agree to these Contract Conditions applicable to the Subscription and to the rest of the contracted services.
This Service is provided to the Client 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 Law. “
The Contract is perfected from the moment the Client expresses his agreement with these contracting conditions by pressing the “Contract” button or any other means established by ENTRE TRÁMITES, and Reading of 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 by email exchange or other 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 the provisions of Royal Legislative Decree 1/2007 . The parties agree to legally equate the Client’s handwritten signature to that made using any type of passwords, codes or identifying security elements. Notwithstanding the foregoing, ENTRE TRÁMITES may demand confirmation in writing when it deems it necessary.
In the cases in which the Client user of the services and products of ENTRE TRÁMITES is considered a Legal Person, he will respond at all times regarding the valid and effective authorization or empowerment of the natural persons who enter into this contract and will not be able to oppose by 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, is constituted with the character of joint guarantor the natural person who contracts on behalf of a commercial company, who with the guarantee of their goods and rights, will be liable 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 accounting, tax, labor and legal online advisory services for freelancers and commercial companies from all over Spain, as well as others services related to the field of immigration counseling. 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, satisfy the subscription rate or service rate in force at all times and accept the general terms of BETWEEN PROCEDURES 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 the 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 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, for which they undertake to safeguard them and, if they become aware that a third person has had access to them or has accessed ENTRE TRÁMITES on their behalf and without their consent, they must Make this circumstance known to ENTRE TRÁMITES immediately. 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 not have any responsibility for the incorrect use that is made of the Client’s keys.
For the services that ENTRE TRÁMITES undertakes to provide the Client in accordance with this Contract, ENTRE TRÁMITES will be charged with the fees established for each class of services on its website www.entretramites.com and in Appendix 2 of prices.
ENTRE TRÁMITES will charge, where appropriate, the Client for the provision of the Web Services based on the rates in force at all times 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 services that do not conform to the plans listed on the web, a personalized budget will be sent to the client.
The price of the rest of the services offered will be accrued at the time of contracting the same, being able to make the payment 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 by BETWEEN PROCEDURES with the request made by the Client, by means of recurring payment by credit card or direct debit (subscription).
The ENTRE TRÁMITES Service will be billed in accordance with current tax and accounting regulations at all times and sent to the Client in a timely manner by email.
The price of active subscriptions may be reviewed, after 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 web by companies and / or freelancers that do not comply with the specific conditions of each plan, after sending and accepting a personalized budget.
ENTRE TRÁMITES reserves the right to modify the price policy of the Service provided in various concepts such as promotional discounts or other rate changes, in any case it 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 are understood without VAT.
- BILLING – PAYMENT METHOD
The fees referred to in clause 4 will be billed in advance months 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 their 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 BETWEEN PROCEDURES on the Expiration Date of the invoice will be considered past due. For any overdue amount, the legal default interest in force at the time of maturity will accrue.
In the event of non-payment of an invoice on the due date or the non-payment of the amount previously claimed for an invoice unpaid by the Client, ENTRE TRÁMITES 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, together with the unpaid amounts, the default interest and corresponding management expenses also accrue, increasing annually with the CPI (Consumer Price Index). The Subscription will not be reestablished as long as the Client does not pay all the amounts owed, including late payment interest and management expenses.
If the payment of the amounts owed by the Client to ENTRE TRÁMITES, including default interest 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 personal databases owned or held by the Client, ENTRE TRÁMITES: (a) will only process the data at that he has access in accordance with the instructions given to him by the Client and will not apply them to or use them for a purpose other than that indicated in said instructions, nor will he communicate them, not 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 their possession on the date of termination of the Contract and will destroy the supports 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 can assert, at any time, their rights of access, rectification, cancellation and opposition in the terms established in the current legislation, addressing to the address that appears in the heading of this letter by registered 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.
- EXCLUSION OF GUARANTEES AND LIABILITY
BETWEEN PROCEDURES does not guarantee the availability and uninterrupted continuity of the operation of the Web and the Services provided with it. When this is due to internal causes of the company and reasonably possible, ENTRE TRÁMITES disclaims any responsibility for damages of any kind that may be caused by the lack of availability or continuity of the operation of the Web and the Services, or due to fraud of the utility that users may have attributed to it and to the Services, to their reliability, and in particular, although not exclusively, to failures or deficiencies in speed or other types of access to the different pages of the Web.
- LIMITATION OF LIABILITY
BETWEEN PROCEDURES 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 incident or incident with its hardware and software; (ii) any incident attributable to Internet Services or telecommunications lines; and in general to (iii) any incorrect operation or action not directly attributable to ENTRE TRÁMITES and its employees.
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 contract 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, the complete identification of the competent accredited entity is included: online claim.
Any claim that the client considers appropriate will be attended to as soon as possible, and can 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 online conflict resolution between the CLIENT and BETWEEN PROCEDURES, 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, finally being able to 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 TRÁMITES in relation to the Client or its personnel or their 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 BETWEEN PROCEDURES deems it convenient. 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, being exempted from this obligation information that ENTRE TRÁMITES must disclose in compliance of laws or regulations or as 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 make use of his personal or representative Digital Certificate, so that he can carry out the specific procedures entrusted on his behalf and on behalf of the services described in this contract.
For the peace of mind of the Client, ENTRE TRÁMITES makes use of Redtrust, an application that guards all digital certificates and establishes the necessary control mechanisms to guarantee their total protection.
- DURATION OF THE CONTRACT, MODIFICATIONS AND TERMINATION
The contracted subscription will be automatically renewed every month in the case of subscription services, or once the specific contracted service has been performed.
ENTRE TRÁMITES may prohibit access to the Subscription 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 a behavior of the Client that (i) implies a fraud or illegal act referred 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.
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’s website with thirty (30) days’ notice. Said modifications will only be applicable as of its 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, abiding by the notification and resolution procedure set forth in this Contract.
The Client will be entitled to terminate the Contract in advance for the following reasons: (i) the breach by ENTRE TRÁMITES of an essential obligation under this Contract, if said breach is not remedied within thirty (30) days from receipt of written notification of the same; (ii) if ENTRE TRÁMITES is the subject of a final bankruptcy judicial declaration; (iii) the liquidation of ENTRE TRÁMITES or the cessation of its business activities; (iv) if ENTRE TRÁMITES modifies these Contract Conditions, by sending the Client a written notification by registered letter to the attention of the ENTRE TRÁMITES User Service Department and granting fifteen (15) days for the resolution of the Contract from receipt of said writing.
The termination of this Agreement will not exempt the Client from its obligation to pay any charges incurred pursuant to 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 that results from the actions of any person who obtains unauthorized access to the Web using any passwords granted to the Client or any authorized user of the same. (ii) any loss suffered by ENTRE TRÁMITES or third parties resulting from the introduction of a virus on the website by the Client or an authorized user thereof; (iii) any action, claim, cost, expense and procedure that arises from the use of any data on the Web intended for the provision of the Service that violates any intellectual or industrial property rights of third parties.
In the event that there is a regulatory action, legal or regulatory measure that, in the reasonable judgment of ENTRE TRÁMITES, prohibits, substantially restricts or makes the provision of the Services subject to this Contract commercially unviable, ENTRE TRÁMITES will be empowered 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 terminated within fifteen (15) days, ENTRE TRÁMITES will send all the documentation deposited in the Client’s virtual archive via telematics to the email provided in the specific conditions and will proceed to its elimination.
When the Subscription ends, ENTRE TRÁMITES may send the Client the relevant commercial communications to offer him the right to renew the Subscription, but it will be in any case the Client’s responsibility to contract a new Subscription for the period of time it deems appropriate.
- RIGHT OF WITHDRAWAL
The Client has the right to withdraw from the contracted service, in accordance with current consumer and user regulations.
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 has been informed of the decision to withdraw from the contract.
However, the right of withdrawal may not be exercised once the service has been fully 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.
- APPLICABLE LAW
This Contract will be governed in all its aspects, including validity, interpretation and effectiveness, by Spanish common law, excluding any regional law.
- COMPETENT JURISDICTION
For all purposes of this Contract, 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.
- ENTIRE CONTRACT
This Contract constitutes the total agreement between the parties with respect to the subject matter, renders any verbal or written agreement between the parties prior to it null and void and may only be modified by another written agreement signed by both parties.