Terms of Use

iGEO ERP Cloud Platform’s Terms of Use

GENERAL INFORMATION

In compliance with the provisions of the Spanish Law 34/2002, of 11 July, on Information Society Services and e-Commerce, the identification details of the Website’s owner are presented below:

INTIME DESARROLLOS INFORMÁTICOS S.L., with registered address in Avda. de Castilla, 1 – Oficina 23, 28830 – San Fernando de Henares, Madrid (Spain), and with Spanish corporate tax ID number ESB87350328. Contact email:  comercial@igeoerp.com.

TERMS OF USE

The present terms of use (hereinafter, ‘Terms of Use’) regulate the access and the utilisation of the website www.igeoerp.com (hereinafter, ‘Website’), as well as the contents and services (hereinafter, ‘Services’) that its owner makes available for its users (hereinafter, ‘Users’).

Moreover, the present Terms of Use, along with the Privacy Policy and the Cookie Policy, on the management of Users’ personal data, set the terms and conditions governing the Website (hereinafter, ‘Terms and Conditions’).

iGEO ERP Cloud Platform reserves the right to update, modify, or delete the information included in its Website, as well as its settings or appearance, at any time, with no prior notice, and without assuming any liability for it. The User acknowledges and accepts that, at any point in time, iGEO ERP Cloud Platform may interrupt, disable, and/or cancel any of those elements integrated on the Website, as well as the access to them.

The use of any Website’s contents or services shall be done through a prior subscription or registration by the User.

The Website is not addressed at minors, so the User states being of legal age and having sufficient legal capacity to be bound by the present Terms. iGEO ERP Cloud Platform shall not be liable for the breach of these Terms by the User.

SCOPE

iGEO ERP Cloud Platform  is a software aimed at dynamising and making pest control and environmental health companies more efficient. It encompasses all business processes in the same programme.

The Software is exploited as a Service (‘SaaS’), so it provides the ability to use the web application (hereinafter, ‘Application’) exclusively on the Internet.

When requesting the Services or signing a contract (hereinafter, ‘Contract’) with iGEO ERP Cloud Platform (hereinafter, ‘Provider’) −even when registering to request a demo−, the client (hereinafter, ‘Client’) acknowledges having read the present Terms of Use, the Privacy Policy, and the Cookie Policy and, therefore, they accept it.

TERMS OF REGISTRATION

Those Users that wish to make use of any Service offered on the Website must register on it through the form created to that effect (hereinafter, ‘Registration Form’); for this purpose, they must follow the instructions presented on it and provide the information requested. They may also be registered by iGEO ERP Cloud Platform’s staff.

Once the Registration Form has been filled in, or if the User has already been registered by iGEO ERP Cloud Platform’s staff, the registered user (hereinafter, ‘Registered User’) will receive a confirmation email on the address provided.

Should you have any questions regarding your registration and deregistration as a Registered User, you may contact us on the following email: info@igeoerp.com.

SERVICES

  • Demo Request

The User may request through the appropriate form a free, non-binding online demonstration of the use of iGEO ERP Cloud Platform’s software. During the demo, they shall receive detailed information about the Application’s features to learn about and assess all its benefits.

  • Payment of the Services Previously Hired

The User shall make the payment for the hired Services of iGEO ERP Cloud Platform’s software through the payment platform included on the Website to that effect.

In order to make that payment, the User must have been previously registered on the Website.

The hiring of the Services will be performed through channels external to the Website, and no payment for any services shall be made if these have not been previously hired.

Our Website includes an SSL certificate to guarantee safe payment transactions, as well as the confidentiality of the information entered. The one used on our Website is issued by Go Daddy Secure Certificate Authority – G2. To read the issuer’s statement, please click on the following link: https://certs.godaddy.com/repository/

Payment operations on our Website are carried out online through a safe payment system by the platform Klik and Pay, that guarantees that your information is perfectly protected and encrypted. You may read Klik and Pay’s Privacy Policy in this link:  https://klikandpay.com/en/cgv/

PAYMENT METHOD

The Registered User must enter their payment details (credit/debit card) during the payment process.

  • Startup of the User Licence of iGEO ERP Cloud Platform’s Software

After signing the Contract, a single invoice will be issued by way of the activation and setup of the Client in iGEO ERP Cloud Platform, as well as of the users initially hired. This invoice must be paid using the payment method agreed by both parties.

That invoice must be paid IN THE FIVE (5) DAYS AFTER THE SIGNATURE OF THE CONTRACT through our online platform on our Website. This payment may be made in instalments, if agreed by both parties and according to the terms previously accepted by them. Following this payment, the Provider will start the process of document customisation, and the setup of the company and the hired users to use the Application. These tasks shall only begin once that invoice has been paid.

The startup of more than one instance of iGEO ERP Cloud Platform’s Application for more than one company belonging to the Client’s corporate group will entail additional costs.

  • Monthly Payments – Payment by Card 

Monthly payments will be regularly charged to the credit/debit card provided by the Client in the first payment (Application’s startup and setup). To learn more about it, please read the policies and payment method information in the service-provision Contract signed with the Provider.

The first monthly payment will be charged following the access of the first user granted by the Provider to use the Application.

The following monthly payments will correspond to the active users’ monthly rates. Should any additional users (new ones not hired in the initial Contract) be started up, their cost will be included in the monthly payment.

Moreover, monthly payments shall comprise any cloud storage excess, if applicable.

The invoice corresponding to the hired Services shall be submitted monthly, and the collection shall be made by the means of a recurring charge to the credit/debit card provided by the Client between the 5th and the 10th of each month.

If, for any reason not attributable to the Provider, the payment charged to the credit/debit card were declined, further collection attempts shall be executed five (5) days, fifteen (15) days, and thirty (30) days after. If, after those thirty (30) days, the receipt remains unpaid, the Provider will have the right to cancel the Client’s account and suspend the provision of the hired Services.

  • Applicable Taxes

All rates shall be subject to the application of the legally corresponding taxes, if needed. No value-added taxes (VAT) shall be applied to any invoices issued to countries outside the EU and to intra-community companies.

HIRED SERVICES’ CANCELLATION POLICY

  • Early Termination

The Client may terminate the Contract early on the mere condition that they notify their will thirty (30) days in advance. The Client shall be obliged to pay off any outstanding balance by the termination’s effective date.

The Provider may withdraw or suspend the provision of the hired Services at any time and upon giving a seven (7) day notice in the following cases:

  1.  The Provider considers the Client has defaulted on any of the Contract’s terms, and requests compensation for the damages in account of the breach.
  2.  Default on the payment of the rate convened, provided that the Client has been notified more than 60 days in advance.
  3.  The Provider becomes effectively aware of the misuse of the hired Services by the Client, which may be unlawful or damage the assets or rights of a third party susceptible to compensation.
  4.  The Provider receives a notice by the means of which they are informed of the fact that the use of the hired Services by the Client may constitute a criminal activity in accordance with the legislation of the country of origin of the notification’s issuer, regardless of it being an offence or not as per the Spanish laws.

When the Provider communicates the Contract’s termination, an invoice corresponding to the outstanding balance will be issued.

  • Expiration

Furthermore, and notwithstanding the foregoing provisions, the Contract will expire when one of the following causes apply:

(a) mutual agreement by the parties;

(b) serious breach of any obligation arising from the Contract by any of the parties;

(c) when any of the parties starts the proceedings of liquidation, bankruptcy or suspension of payments, or their assets are seized, in such a manner that the other contracting party is at imminent risk of seeing the purpose of this Contract thwarted.

  • Cancellation

If the Client cancels the contract and, three months afterwards, wishes to reactivate the Application for its use, the process will entail an additional cost for them.

PRIVACY AND DATA PROTECTION

By virtue of the provisions of the applicable regulation on data protection, all personal details provided by Users through the corresponding forms when using the Website shall be processed by INTIME DESARROLLOS INFORMÁTICOS S.L. in accordance with the Website’s Privacy Policy.

  • Links to Third-party Websites

The Website may include links allowing to access third-party’s webpages. Their owners will have their own data protection policies, so they will be liable for their own files and privacy policies.

Confidentiality and Data Protection in iGEO ERP Cloud Platform’s Software

  • Confidentiality

The Client pledges to not disclosE the information transmitted by the Provider and considered by the latter as ‘confidential’, except for that of public domain.

The entirety of the data entered by the Client on the Application, as well as any other private information related to the Application of which the Client is aware as a result of the Services’ provision, shall be especially considered confidential.

The Provider shall preserve the confidentiality of the information transmitted by the Client in or for the execution of the Contract, or that, due to its own nature, must be considered as such. All details divulged by the Client or disclosed in accordance with the laws, a court decision, or an act by the competent authority will be excluded from the category of ‘confidential information’. This duty shall be kept forever, even beyond the Contract’s end.

  • Access to Personal Data

The Client is the sole owner of all right, title, and interest of all their data uploaded to the Application and, in consequence, they are ‘Liable for the File or Processing’ (as defined in the Spanish Organic Law 15/1999, of 13 December, on Personal Data Protection).

The provision of the Service by the Provider only entails the storage of the personal data owned by the Client, without the Provider performing any additional processing.

Nevertheless, it may be possible that, as a result of carrying out maintenance operations on the Application, adapting features to the Client, restoring data, providing support to the Client, or in other cases, the Provider views any Client’s data.

In case the Service’s provision entails the need to access any Client’s personal or stored data, the Provider, in the capacity of data controller, shall be bound to comply with the Spanish Organic Law 15/1999, of 13 December, on Personal Data Protection, and with the Spanish Royal Decree 1720/2007, of 21 December, approving the Regulation for the development of the Spanish Organic Law 15/1999, and with any remaining applicable regulations or those that may be approved in the future.

COOKIE POLICY

The access to our Website entails the use of cookies. These are small data files that the User’s browser sometimes stores in their hard disk, and that contain information about the actions performed by the page, which may be used to provide specific services, to deliver advertising, or as a basis to develop upgrades or new products and services, occasionally free of charge.

As a user, you may set up your browser to either accept or reject all cookies by default, or to get an alert on screen about the reception of each cookie and decide at that time whether it will be stored or not on your hard disk.

For that purpose, it is suggested to read the ‘help’ section in your browser to learn how to change its settings. You may surf our portal even if you set it up to reject all cookies, or if you expressly reject those of INTIME DESARROLLOS INFORMÁTICOS S.L., although you may not profit from certain features in our Application or Website requiring their installation. In any case, you may delete the cookies stored in your hard disk at any point in time, following the procedure set by your browser.

To learn more about this topic, please read our Website’s Cookie Policy by clicking on the following link: https://www.igeoerp.com/en/cookie-policy/

LINK POLICY

iGEO ERP Cloud Platform software shall not be liable for the information and contents of the links allowing, through the Website, to access any features and services offered and managed by third parties, provided that they are external to the Website.

INTELLECTUAL AND INDUSTRIAL PROPERTY

All the information contained in the Website and iGEO ERP Cloud Platform’s software are protected by copyright and any other rights stipulated in the Spanish Royal Legislative Decree 1/1196, of 12 April, approving the Revised Text of the Spanish Intellectual Property Law, as well as the remaining rules regulating Intellectual Property.

The Client hiring iGEO ERP Cloud Platform’s software acknowledges that its intellectual property rights belong to the Provider, and that, upon the Application’s hiring, the Client is only purchasing a User Licence.

iGEO ERP Cloud Platform’s software is based on the services of Google Inc. The described Services are embedded in the hired Service provision, and the Provider guarantees holding all licences and authorisations for the assignment for use to third parties, as well as the update and payment of them during the Contract’s period to ensure a proper service provision.

SCOPE OF THE PROGRAMME’S AUTHORISED USE

The Client shall use the Services in accordance with the following obligations:

  1. The Application is designed to work with the latest technological requirements of hardware, software, and communications mostly accepted by the market as standard, so the Client shall keep their installation adapted to the technological evolution of IT systems.
  2. The Client shall be liable for all activities performed with their user accounts and by the means of them. Therefore, they shall be the sole responsible for the accuracy, quality, integrity, lawfulness, and reliability of their data, as well as for the intellectual property or the right to use them. The Provider shall not be, under any circumstances, liable for the deletion, correction, destruction, damage, or loss of the Client’s data, nor for the fact that they have not been properly saved.
  3. The Client shall be liable for keeping their usernames and passwords confidential, as well as for the use of their accounts either by themself or by any third parties. Moreover, they pledge to notify immediately any non-authorised use of their accounts.
  4. The Client shall use the Service in accordance with the instructions stipulated in the Service Provision Contract and its attached documents.
  5. The Client shall not make the Services available to any person outside the authorised Users.
  6. The Client shall not sell, resell, let, or lease their User Licence.
  7. The Client shall not use their Licence to store or transmit materials constituting violations or defamations, nor any other type of unlawful or slanderous material, nor shall they store or transmit materials violating any third-party’s privacy rights.
  8. The Client shall not use their Licence to store or transmit malicious code.
  9. The Client shall not attempt to gain unauthorised access to the Services or their related systems or networks.
  10. The Client shall not employ reverse-engineering techniques, decompile or disassemble the ceded programme. Furthermore, its parts shall not be used separately from the software and, under no circumstances, shall they be ceded to third parties.
  11. The Client shall pay in a timely manner the fees corresponding to the provided Services stipulated in the Contract and its Annexes.

GUARANTEE AND LIABILITY

iGEO ERP Cloud Platform does not guarantee the continuity, availability, or utility of the Website or its Contents. iGEO ERP Cloud Platform shall do everything possible to ensure the correct functioning of the Website; however, it shall not be liable nor guarantee that the access is not interrupted or that it contains no errors.

Moreover, iGEO ERP Cloud Platform shall not be liable for the damages that may be caused to Users due to an inappropriate use of the Website. Particularly, it shall not be liable whatsoever for any outages, interruptions, shortages, or defaults in telecommunications that may occur.

APPLICABLE LEGISLATION

The present Terms of Use have been drawn up in accordance with the provisions of the Spanish Law 34/2002, on Information Society Services and e-Commerce; the Spanish Law 7/1998, on General Contractual Conditions; the Spanish Royal Legislative Decree 1/2007, of 16 November, approving the Revised Text of the Spanish General Law for the Protection of Consumers and Users and other supplementary laws; the Spanish Law 7/1996, of 15 January, on the Regulation of Retail Trade; and any other legal provisions that may be applicable.

JURISDICTION AND APPLICABLE LAWS

The functioning and use of the Website, as well as the present Terms of Use, are governed by the Spanish legislation. To the extent allowed by the law, iGEO ERP Cloud Platform and the User, expressly waiving any other jurisdiction which could apply, agree to submit themselves to the jurisdiction of the competent Courts and Tribunals.

In compliance with the provisions of the Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013, on Alternative Dispute Resolution for Consumer Disputes, and of Regulation 524/2013 of the European Parliament and of the Council of 21 May 2013, on Online Dispute Resolution for Consumer Disputes, we bring to all Users’ attention that they may file any consumer claims through the online dispute resolution platform by clicking on the following link:  http://ec.europa.eu/consumers/odr/