Herein below are the Contracting Conditions of the service “KIUWAN” (the “Service”) placed in the url https://www.kiuwan.com (the “Web site”), between you (the “Client”) and Optimyth Software Tecnologies, S.L. (the “Supplier”), with address in C/ Norias, 80 – 2º 28221, Majadahonda – Madrid – Spain, with ESB85754760 and registered in at the Commercial Registry of Madrid, Tomo 26.937, Sheet 115, Section 8, Page M-485430, entry1ª.
This Contracting Conditions (the “General Contracting Conditions” or “Conditions”) will be valid indefinitely and will be applicable to all contracts entered into by through the Web site or the Supplier Administration department, which reserves the right to modify unilaterally such conditions from time to time. The amendment of the Conditions would affect the term in which the services provided hereunder, in which case the services affected by such amendment will be adapted or excluded therefrom.
The acceptance of the current Conditions implies that the Client is a person with legal capacity to assume the obligations derived from its acts when uses this Web site and has read carefully, understands and accepts the contents of these.
The object of these conditions is to regulate the acquisition by the Clients of the Service offered on the Web site or through an authorized Kiuwan Partner.
2. PROCESS FOR THE SERVICE ACQUISITION
To effects of the current Conditions, it will understand as “Service” all material or abstract goods able to be provided through the Web site by the Supplier.
The contracting of the Service provided on the Web site, will be carried out directly through the Web site, and if necessary, by the Supplier Administration department. This clause regulates the acquisition proceeding.
Before acquiring the Service, the Client has to read thoroughly these Conditions, and check its characteristics, price, applicable taxes and functions either exposed on the Web site or provided by a distributor of the Supplier, and to value if it suitable for its needing.
If the Client is interested in the Service, the Supplier will request, and the Client will have to provide at the time, the personal details, invoicing details and/or means of payment, necessary to be able to send the offer / corresponding Invoice that has to be accepted by the Client and sent to the Supplier.
In the Offer / Invoice, the price will be shows separately from the applicable taxes and other expenses, if any.
The Client will pay the corresponding price and undertake to use rightfully the Service pursuant to the law and these conditions.
In the shortest possible period of time from receiving the payment confirmation, the Supplier will communicate by email the availability to proceed the order and the technical details necessary to access it.
The Supplier reserves the faculty to exclude or not permit the acquisition of the Service to those Clients that, at its total and free opinion, infringe the current regulations or conditions, the moral, the generally accepted habits or public order. Likewise, the Supplier shall be entitled to exclude any Client which access can be considered inappropriate upon image and reputation of the Web site. In this case, if the payment was already made, the supplier would proceed to refund back to the Client.
These conditions will be accessible at the Web site and a copy of which can be obtained by printing them.
3. PRICES AND PAYMENT
The price of the Service can be requested directly from the Editions page into the Web site, or through an authorized Kiuwan agent, and shall be clearly stated in the Offer/Bill as well as any applicable taxes.
Basic, Professional or Enterprise Subscriptions
For those users with an annual subscription, the payment will be made according to the particular conditions set forth in the corresponding Offer/Bill.
Pay per Use
The payment of the Service for customers with a monthly, pay per use plan, will be made by Credit Card or according to the particular conditions set forth in the corresponding Offer.
Optimyth will charge at the end of the month, the amount corresponding to the larger analysis made for every added or maintained application.
If a customer does not make any analysis to an application within a month, but doesn’t delete it, he will be charged for the larger analysis size of the previous month.
4. OBLIGATIONS OF THE SUPPLIER
The Supplier shall record in the offer / invoice, the characteristics and description of the Service hired as well as all the Conditions set forth herein and the specific conditions of the Service, or a link to the Web site which includes the above conditions.
Once the Client receives the justification of hiring the Service he/she/it may cancel it within 7 working days from receipt without incurring any penalty as long as you have not exercised yet any right to use it.
The Client must communicate the desire to cancel by certified mail with return receipt to the address stated in the Terms.
Once received the communication of withdrawal, the Supplier shall return within a maximum period of thirty days, the amount of money paid by the user, without making discount or penalty.
Nevertheless, pursuant to Article 45 of Spanish Law 47/2002, amending Law 7 / 1996 of the Retail Trade, there may be certain services for which there is no right of withdrawal. For the Client to have all the information necessary to make the decision to buy or not the Service, the Web site where the Service is displayed will inform whether this cancellation right is available. Consequently, the Client cannot claim the refund of the amount paid for the acquisition of any of the services for which there is no such right of withdrawal.
6. RESPONSIBILITIES AND GUARANTIES
The Client is responsible for:
- All acts which contravene the provisions of these Conditions, law, morality, generally accepted customs and public order.
- Any act done differently to what the provider through the Web Site, will designate in the Client indications or instructions about the operation and use of the Service.
- The Client is fully responsible for the use of the Service purchased, relieve the Supplier from liability for any damage it may cause any use or misuse of this Service.
- The accuracy, completeness and timeliness of the data that fills each of the forms required by the Provider Web site.
- Any direct or indirect damage that could be caused by any third party if the Client lost, disclosed, neglected or in any way, for attributable reasons gives a third party the necessary personal details for contract Service.
In any event, the supplier will not be liable for:
- Damages of any kind that could be caused to Clients by the interruption, termination or malfunction of the Service, for reasons not attributable to the Supplier.
- The bad use or treatment of the Service performed by the Client or a third party, not following instructions and documentation provided.
7. DURATION AND MODIFICATION
These Conditions shall come into force at the time the Client gives express consent to purchase the Service. At that time, the Client accepts and fully adheres to all Conditions set forth herein. It is understood that the Client gives his consent, from the moment the Supplier receives it.
In accordance with Article 2 of Spanish Royal Decree 1906/1999, the Supplier guarantees that he has exposed these Conditions for a period of more than three days to the majority of potential users, on a previous date before able to hire any service, fulfilling therefore with the prior reporting period established by the disposition.
The Supplier may modify the terms and conditions herein unilaterally, being obliged to announce any changes in these Conditions. The validity of these Conditions coincides with the time of exposure until the moment they are modified in whole or in part.
8. ASSIGNMENT AND SUBROGATION
The Supplier may hire or work with subcontractors to comply with the obligations it undertakes under the various operations to be formalized as provided in these Conditions.
9. EXTINCTION AND RESOLUTION
This agreement will terminate when both parties carry out the obligations they undertake in the same or that is determined by any of them if any of the legal grounds provided for resolution.
This contract may be terminated by either party if the counterparty defaults in a serious way any of the obligations under the contract.
Any notice to the Supplier shall be sent by any reliable means to the following address: Optimyth Solutions, S.L.U. C/. Norias, 80 – 2º 28221, Majadahonda (Madrid).
However, in the information provided to the Client upon hiring, OPTIMYTH will set the address of the contracted Service Provider, who should direct users to possible claims, if not indicated in these Conditions.
11. PARTIAL NULLITY
In the event that any provision or provisions of these Conditions were considered null or void, in whole or in part, by any court, tribunal or administrative competent jurisdiction, such invalidity or inapplicability shall not affect the other provisions thereof.
The headings of the different clauses are for information only and do not affect, qualify or extend the interpretation of these Conditions.
In case of any discrepancy between these Conditions and the Conditions of a specific service, shall prevail in the latter.
Failure to exercise or enforcement by the Supplier of any right or provision of these Conditions shall not constitute a resign or waiver, unless expressly stated in writing on your part.
13. APPLICABLE LAW AND JURISDICTION
This agreement shall be interpreted and governed in accordance with Spanish law.
The parties, expressly resigning to any other jurisdiction that may apply, submit to the Courts of the city of Madrid.