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Speakers : Jeff Sauro, Tim Bosenick, Lee Cooper    

5 consejos para proteger a tu marca

contra las falsificaciones

July 11th, 9:00 AM PST. 12 PM EST

FEATURED SPEAKER 
Maysa Razav, Head of Anti Counterfeit for INTA

Real use case DAS Insurance rent guarantee insurance

Terms and Conditions 
of Contract for the Client

A) Services provided by Signaturit Solutions

1. Scope and Purpose of These Terms

Where do these terms apply?

These terms and conditions are aimed at regulating the relationship between the owner of this website and its registered Users or Clients, based on the procurement of services that is derived from or requested through the website www.signaturit.com for the services provided by Signaturit, Qualified Trust Service Provider, and/or the use of trust services by the interested party, and also the use and enjoyment of all other services that you will find on our website.

As stated in the Legal Notice and our Privacy Policy, this website, the blog and the signature solution, as well as the domain associated with this website, belong to the company listed in the box below, which has no outstanding tax liabilities. 

Users can contact the team using the following contact information: 

Signaturit Solutions, S.L.
TIN: B-66024167
CalleÀvila, 29
08005 Barcelona
Email: [email protected]
Telephone: (+34) 93 551 14 80

As already stated in the Legal Notice, this website aims to present and provide the User with Signaturit’s trust services, which are: Simple Electronic Signature, Simple Electronic Signature with OTP, Advanced Electronic Signature, Advanced Electronic Signature with OTP, Certified Electronic Delivery Service via email, Certified Electronic Delivery Service via SMS, Qualified Time Stamp, and other services such as Electronic Identification based on OCR and Smart Contracts in Blockchain. 

Signaturit’s solutions are offered in different categories: Business, Business Plus and Enterprise, with a variety of characteristics and features, with the first three having a free 7-day trial option, limited to three users per domain. 

To purchase any of these services, the User must first expressly accept these terms when indicated. 

The online procurement of these services offered through this website is also subject to the provisions of the other applicable legal policies, such as the Legal Notice, the Privacy Policy and the Cookies Policy. However, if there is any conflict between these and the Terms and Conditions, the latter will always prevail over the other three in all cases.  

The User must also take into account the particular conditions that will be detailed, if applicable, at the time of acquiring the service, and that Signaturit will attach together with the specific offer of products or services that is provided separately. 

Hereinafter, when we refer to the website, blog and/or trust services, along with the other services offered, we will refer to them as Signaturit. 

1.2. What is the purpose of these terms?

These terms regulate and list the rules to be taken into account by the User with regard to the procurement of services. Each service has different characteristics or peculiarities that are described on the website as well as in this document, and which must be validated by the User, before acquiring it. In addition, upon accepting the User’s procurement of services, the User will be properly informed of any particular conditions and must validate them, if applicable.  

Who is a Client and/or Consumer?

The services may be acquired by any natural person or legal entity, after they have obligatorily registered on the Signaturit platform.   

If the User registers as a natural person, these terms shall apply along with the provisions set out in regulations relating to the defense and protection of consumers and Users.

If the User is acting as a professional or legal entity, these Terms and Conditions shall prevail at all times.  

With regard to the processing of personal data, we shall adhere to the provisions of point 7 in the Legal Notice and what is explicitly stated in our Privacy Policy.


2. How the Services Work

2.1. Reading and accepting the Terms and Conditions

2.1.1. Registration as a User

Before procuring any of Signaturit’s services, as indicated in the previous section, it will be necessary for the User to register as a Registered User or Client and provide their billing information (for paid services) and other details that may be necessary to provide the requested service or query, always in accordance with the principles of relevance and proportionality and other obligations established in both the Privacy Policy and in Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, or Organic Law 3/2018, of December 5, Protection of Personal Data and Guarantee of Digital Rights and other regulations that develop or modify them, in order to process the service correctly and/or keep you informed about the services or any other aspect related to them that may interest you.

The User may initially register using their first and last name and an email account, or through their LinkedIn or Google+ profile, without prejudice to the fact that, after this step, you must provide other information through the platform. For example, to register for a Business Account, Business Plus or Enterprise, you will also need to fill in the fields “Company”, “Position” and “Telephone”. This is not a cause for concern, as the platform itself will indicate which fields are required (see recommendations in point 2.1.3).

2.1.2. Accepting the conditions

In accordance with the provisions of Article 23 of Spanish Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, the procurement of services shall be confirmed by clicking on the “I accept the Terms and Conditions and Privacy Policy” button. This shall appear after the User has selected the services they are interested in and just before paying for them or confirming their intention to procure them. 

This will allow the User to download, read and verify the Terms and Conditions and the Privacy Policy and, if applicable, accept each and every one of them before continuing with the procurement of the services, and without prejudice to the fact that modifications may be made to the clauses of the terms and conditions, which may be generated later on. 

From the moment the User accepts the Terms and Conditions, the User acquires the status of Client, if they did not already have this status before, either because they had registered previously or because they had already acquired any of Signaturit’s services at some point in time and had not definitively cancelled their registration.  

Nevertheless, any service offered subsequently by Signaturit, and not initially acquired by the User, shall be the subject of a new procurement process as a Client, and you must validate and accept the Terms and Conditions applicable to such service at that time. 

If you would like to read the Terms and Conditions in greater detail, they are always available on the Signaturit website. 

Once these Terms and Conditions have been expressly accepted and the required services have been acquired, Signaturit will send a confirmation email to the User, in which a link to these Terms and Conditions of Contract is included. 

If authorised by the User, Signaturit may also send, where applicable, any offer, promotion or information that may be of interest to them, and also manage any other information as necessary, when it has been authorised. 

2.1.3. Recommendations and considerations to take into account

The user is advised that it is important to review and fill in all fields requested at the time they are going to procure our services or register as a User. This shall make it easier for them to benefit from discounts, promotions and other applicable benefits when they are required to provide additional information. 

The User is expressly informed that, if there is any issue with their contact or billing details, application of discounts or any other situation that may affect their User profile or the procurement of services, they should contact the Signaturit team by sending an email to [email protected]

Likewise, you are informed that, for legal reasons, Signaturit stores the digital documents in which the procurement of these services is formalised, in other words, the “click” validation performed by Clients, when the User acquires the offered services. 

Also, if a User makes a mistake when sending their details, they may proceed to modify them in their User profile on the Signaturit platform itself. 

2.2. Requirements for procurement:

2.2.1. Being of legal age

In order to be a Signaturit User and/or Client and acquire services, the User must be at least of legal age. 

Spain establishes the legal age for procuring services as 18 years old, which is why any service procured through Signaturit by minors will not be considered valid. 

In this regard, if a minor is ever found to have procured any of the services offered by Signaturit, it would proceed to automatically cancel and refund the service or price paid, where applicable. 

If you discover or know that a minor has acquired any of the services offered by this website, please report it as soon as possible to the following address [email protected], providing as many details as possible.

In the event you are acting on behalf of a company or in representation of a legal entity, you must have the relevant authorisations and/or powers to procure our services, and thus, take responsibility for the consequences that may arise from non-compliance with this requirement. 

2.2.2. Formal statements and/or requirements 

Through the procurement of the services, the User and/or Client states: 

  • That they are a person of legal age with the capacity to enter into contracts.
  • That they have read, understood and accepted these Terms and Conditions and other regulations that apply to the procurement of Signaturit services. 


3. Price of Services

3.1. Price and services

The price for the services shall be communicated to you during the procurement process and once confirmed, you will receive a confirmation email, in which there will be a link to these Terms and Conditions of Contract. The services offered by the Supplier are provided with credits, which are spent on each send request that the Client makes. Moreover, all those credits that were not used during the duration of the contract will expire at the contract’s expiration date. Additionally, if the Client renews for a lower amount than the one originally purchased, the unit price of each credit will be increased by a percentage equivalent to half of the decrease in the originally purchased percentage

Signaturit services are provided through your dashboard or through API integration, in both cases specifying a license that allows access to the dashboard or to the API in order to use the services during the term of the contract. 

3.2. Applicable taxes

All prices offered shall be final, however, they may vary depending on the offers and/or discounts associated with each service from time to time. In this case, the User will be duly informed of any alteration to the price that may exist, always doing so before acquiring the service. 

Unless a different amount is specified at the time of procurement, the total price for each of the types of services procured may also vary according to the VAT that is applicable to the buyer, with the buyer being the natural person or legal entity that acquires or procures any of the services through Signaturit. 

In accordance with Spanish Law 28/2014, of 27 November, by which, amongst others, Spanish Law 37/1992, of 28 December, on Value Added Tax is amended, and by virtue of the provisions of the location rules added to Directive 2006/112/EC by Directive 2008/8/EC, of 12 February 2018, the address or usual residence of the recipient of the electronic services shall be taken into account. 

Signaturit informs the User that at all times and before procuring the service, our platform shall indicate the amount of VAT payable in your case, if any, which shall be reflected in the summary of the procurement and/or particular conditions that will be sent to you. 

3.3. Changes in price

The User should be aware that Signaturit reserves the right to modify prices at any time, but it agrees to apply the rates in force, which are shown on the portal at the time the Client requests or procures the services and during the period for which that specific service was procured. 


4. Procurement Procedure

4.1. Prior registration

In order for the User to access the services offered by Signaturit, you must register on the website by creating a User account. To do so, you must freely and voluntarily provide the personal information that is required. To register, only an email and password are required. 

4.2. Processes or the next steps

The steps to follow in order to use and enjoy each of our services shall be indicated in the particular conditions of contract, if any. In any case, the general process to be followed by the User in order to formalise the procurement and begin using our services shall be as follows: 

  1. User registration on the platform and receipt of a welcome email. 
  2. Selection of the services through the platform itself. 
  3. On-screen view of the summary of the services and prices associated therewith, followed by the breakdown of applicable taxes, if any. Subsequent referral to these Terms and Conditions of Contract, as well as the particular conditions, where appropriate. 
  4. Express acceptance of the procurement by the Client. 
  5. Sending an email with a summary of the services in which there is a link to these Terms and Conditions of Contract. 
  6. In the case of a Business or Business Plus service or plan, the Client may take advantage of a free 7-day trial. Free accounts are limited to three users per domain. 

4.2. Choice of service and payment method

In the event that the Client has opted for paid services, once the User account is created, you are informed that in accordance with the requirements of Article 27 of Spanish Law 34/2002, on Information Society Services and Electronic Commerce, the procurement procedure will follow these steps: 

The Client will choose the rate that best suits their needs and, to do so, may choose one of the standard rates offered by Signaturit on its website or write to [email protected] or call (+34) 93 551 14 80, so that we can do our best to offer the rate that best suits the service that is required. 

The Client shall pay the amount corresponding to their order by: 

  • Credit card: entering your data into the virtual POS terminal that is displayed on the website. By choosing this payment method, the Client confirms that they are the owner of the card used or is authorised to carry out the transaction. Credit card payments are subject to the provisions of Spanish Law 16/2009, of 13 November, on payment services, especially with regard to payment orders and conditions for revoking them. 
  • Adyen: the Client states that they have an active account with this payment service provider, and accepts the conditions of this service.
  • Bank transfer: for which the Client must send an email to [email protected] expressly requesting this payment method. 

Aspects relating to payment methods:

  • If the User chooses to pay by credit card: the contract cannot be taken into account and will not be processed until the payment has been authorised by the corresponding bank. Online payment by credit card is done through the “Secure Socket Layer” security system, which encrypts the user’s bank details when they are sent over the Internet. For security reasons, all orders paid for by bank card are verified. 
  • For Ayden payments: this platform allows you to pay directly without sending any financial details over the internet, automatically encrypting the confidential information with the help of the best technologies available on the market.  

More information:

  • If the User places the order and/or accepts the purchase using a bank card, they must provide the credit or debit card details, the expiration date, the CVV2/CVC2 (the three (3) security digits that appear on the back of the card), as well as the name of the cardholder.
  • If payment is made through the Ayden service or account, the User will be forwarded to the official Ayden website to enter the payment method and the details required to make the payment. 

The User is informed that the technical and security measures corresponding to this type of service have been adopted for both the banking entity’s payment gateway and the Ayden platform. 

4.4. Invoicing

Once the Client has requested the payment method and the payment has been processed, Signaturit will issue the corresponding invoice that will contain the information corresponding to the license or service that the Client has procured. Whether or not the purchase was made by an end user or a company, in both cases there shall be a breakdown of the Value Added Tax, if applicable.   


5. Duration of Service

The duration of the service will always be for the period of time selected on our platform and shall also be paid for depending on the User’s selection. In the case of early termination by the Client, they will lose the amount they have paid to date as a penalty. Likewise, the Client’s request for early termination does not release them from any other payment that is owed.   

At the end of the term, the renewal shall be automatic, unless one month prior to the expiration of the contract, either party expressly communicates their wish to not continue with it.   


6. Terms for Delivering Services

6.1. General aspects

The service shall be delivered to Clients by the Signaturit team through the email provided by the User when registering on the Website and procuring the services.  

Thus, once the service has been requested and following the steps and instructions that will be shown on the platform, the User will receive an email confirming the service they have acquired, after which they will be able to start using the platform. 

6.2. Problems delivering documents

If the User finds that there is an error in the application or any type of unknown problem, please contact the Signaturit team at [email protected], so that they can advise you as necessary or, where appropriate, solve the incident that has occurred. 


7. Returns and/or Withdrawal

7.1. General aspects

The User shall check that, once the service has been acquired, they have received all the documentation that is outlined herein. If you have any questions, please contact the Signaturit team, using the different means at your disposal (see table in point 1.1). 

As a general rule, it will not be possible to return the services or exercise the right of withdrawal, except in the cases referred to in the following point, 7.2. 

7.2. Withdrawal cases

Signaturit offers a free trial period for Business and Business Plus plans for 7 calendar days. If, after this period, the Client does not wish to continue using the services, they must immediately notify Signaturit, since otherwise it will be understood that they wish to continue with the procurement of the service, which they will be informed of by email to the email address provided.

During these initial 7 days, Signaturit will not proceed to collect payment for the service, so that if the Client cancels the services within that time frame, there shall also be no amount to be refunded by Signaturit.

In the event that the trial period has elapsed and the Client continues to use Signaturit’s services, or if they have chosen to directly acquire Signaturit’s services from the start, the manner in which they can withdraw from continuing to use Signaturit’s services is outlined in the following section. 

7.3. Withdrawal procedure

To communicate a withdrawal, the User must adhere to the following instructions: 

  1. Send an email to [email protected] in which you must specify: the reason for withdrawal, the type of plan acquired, and a contact email address, along with the withdrawal form that can be downloaded for these purposes here.
  2. Once your request for withdrawal is received, it will be analyzed and the User will receive an answer within a maximum period of FIVE (5) days. 

Under no circumstance shall a User’s request for withdrawal be deemed valid for any reasons other than those listed here, which, if not met, shall not lead to compensation of any kind. 

If, after any type of error in the provision of services, the Client would like to request the termination of this contract, please contact Signaturit at the aforementioned email address ([email protected]), in order to provide the best possible solution.  

7.4. Consequences of withdrawal 

If the service is returned or terminated during the established 7-day period, no refund or compensation of any kind shall apply, based on the fact that there has been no payment of any kind exchanged between the parties at this time.

In all other cases, the Client will lose the amount they have paid up until such time as a penalty. Likewise, the Client’s request for early termination does not release them from any other payment that is owed. 

7.5. Documentation: withdrawal document

In order to comply with the legally-established guidelines, we once again provide the User with access to the corresponding withdrawal document here.


8. Guarantees

8.1. Agility

Signaturit guarantees a simple and agile system, which allows documents to be uploaded to the platform, making changes and/or checking off any applicable boxes and adapting it to your needs in accordance with the specifications and/or features of the solution, in an agile, easy and simple way. 

8.2. Security guarantee

This website complies with the highest security standards for the internet, including maximum security on servers and HTTPS security protocols, for all procurement and registration processes. 

8.3. Privacy

Signaturit is especially involved in and aware of ensuring the confidentiality of the data provided by its Clients, which is why it has implemented all the necessary technical and organisational measures to minimise the risks of loss of personal data and/or confidential information. For more information, please refer to the Privacy Policy.


9. Client or User Responsibilities 

  1. The Client agrees to pay in advance for the services they have requested, in the correct amount and using the methods indicated in clauses 3 and 4.  
  2. The Client must make good use of the platform and service offered by Signaturit, and undertakes to use the services offered on this website, blog and solution in a lawful manner that does not violate current legalisation nor causes harm to the rights and interests of third parties.  
  3. Likewise, the Client also guarantees the veracity and accuracy of the information provided when filling out the service procurement forms, thus preventing any damages from being caused to Signaturit as a consequence of this data being incorrect. 
  4. In the procurement of services, the User shall always be of legal age, an essential requirement to be able to enter into contract. 
  5. They shall also be responsible for respecting the service’s terms and conditions, as well as the way they are executed, as detailed in the corresponding particular conditions, where applicable, as well as in the Community Rules, if there are any. 
  6. The User is also responsible for making good use of their User profile and log-in password for the platform, agreeing to use them diligently and to not make them available to third parties, in addition to notifying Signaturit if they have been lost, stolen or possibly accessed by an unauthorised third party, so that Signaturit can immediately block them. 
  7. The Client may not misuse the services offered by Signaturit in any way, especially for sending documents to recipients that, among other things:

    • May injure or violate the rights of minors
    • Contain threats, harassment or insults 
    • Are considered adult or pornographic material
    • Constitute fraudulent activity or the sending of a virus.
  8. When User’s interact with third parties through Signaturit, it is their responsibility to inform them about the use of the platform, these Terms and Conditions of Contract, and the Privacy Policy, in order to comply with applicable legislation on the protection of personal data when they act as the Data Controller. In accordance with the foregoing, Signaturit shall not be liable for the consequences that may arise from this type of breach. 
  9. Failure to comply with any of these terms may result in the immediate withdrawal or cancellation of the services by Signaturit, without the User or Client being entitled to request any type of compensation. 

10. Signaturit’s Responsibilities as a Provider

Signaturit shall be responsible for:

  1. Providing the service in the form and as per the characteristics offered on the platform and the provisions of these Terms and Conditions of Contract, regarding the services procured by each User. 
  2. Adopting the appropriate security measures, protecting the confidentiality of the data belonging to its Users and/or Clients, as provided for in this text and other applicable legal policies, doing so with the utmost diligence. 
  3. Adopting the appropriate security measures in its role as both as the Data Processor and the Data Controller, where appropriate, in view of its intervention and the purpose of data processing, as established in our Privacy Policy
  4. It shall also be responsible for complying with the provisions of the particular conditions for each service that is procured.


11. Limitation of Signaturit’s Liability

Under no circumstance shall Signaturit be responsible for the following items, which include but are not limited to:

  1. Misuse or abuse by the User of the information obtained through the services acquired with Signaturit. 
  2. Damage or harm that have occurred as a result of the way the information is used that is extracted from the services offered by Signaturit. 
  3. Documents not appropriate for signing, that are uploaded or published by the User and sent to the recipient without the latter being able to sign them in a valid and/or appropriate manner, in accordance with legal criteria.  
  4. Errors, delays in the Client gaining access when the recipients of the document enter their information in the request or receipt form, or any delay, error or anomaly that may arise when these incidents are due to actions by the User or Client, problems with the internet network, causes attributable to unforeseeable circumstance or force majeure, or any other unexpected contingency beyond the company’s control and good faith.
  5. Signaturit is committed to solving any problems that may arise, provided that they are solely and exclusively due to a problem in the Signaturit system, collaborating on everything that is necessary so that the Client can benefit from a quick solution to the incident. 
  6. Errors or damages produced by the User and/or Client’s negligence or bad faith in the use of the services.
  7. An inoperative or problematic email address provided by the Client for sending documentation, both their own and that of the recipient, as well as the consequences that may arise as a result.
  8. Errors or incidents that may occur in communications, deletion or incomplete transmissions, since there may be drops in the network or other situations for which Signaturit is not directly responsible, as Signaturit is not responsible for nor can it guarantee that the website services will be always operational, and thus is exempt from any damage that this could cause.  
  9. Any type of damage that the Client or third parties may cause on the Website. 
  10. Signaturit reserves the right to suspend access without prior notice in a discretionary manner, either definitively or temporarily, until it confirms effective liability for any damage that may have occurred when any situation is detected where the User and/or Client has not acted correctly and/or has taken advantage of the features of the website, blog or electronic signature solution in any way that may have caused any damage.
  11. Under no circumstance shall Signaturit be held responsible for the processing of data that it was not informed of in advance or regarding which the appropriate measures have not been taken when the Data Controller for said processing is a third party; that is, when Signaturit acts as the Data Processor and, as such, must nonetheless comply with its own obligations and responsibilities by virtue of the provisions of applicable legislation on data protection. 

Likewise, and in accordance with the legislation in force, it is stated that Signaturit, even when it is not responsible for the damages that could have been caused, both to the company and to third parties, shall collaborate with and notify the competent authority of this kind of incident, as soon as it has reliable knowledge that the damages caused may constitute any kind of illegal activity. 


12. Industrial and Intellectual Property

12.1. Intellectual property

All rights regarding the content published by Signaturit on its website are protected by copyright and intellectual and industrial property rights.

Signaturit is responsible for the ownership of the website, blog and solutions related to it and highlights that they have been developed and created by Signaturit, and that it has all the opportune licenses and permissions to make use of any content included on the website, as well as the programming code, design or materials associated with its services.

The company’s articles, content, images or logos are either owned by Signaturit, or by the persons or companies that have expressly authorised their publication; or they are owned by people or companies that are subject to licenses that allow us to use these elements. 

Without express written consent by Signaturit, the reproduction, transformation, distribution, public communication, making available to the public, sale or any other use other than those expressly authorised by Signaturit, in its policies and other notices published on its website and/or blog, whether commercial or otherwise, is expressly prohibited, when this use involves the exploitation of content in a different way than anticipated, with, for example, the User being allowed to cite and mention posts from the blog on their social networks, as long as these citations are accompanied by the source and/or author.

For more information, the User can consult the intellectual property policy contained in this Legal Notice

12.2. Signaturit’s industrial property and/or trademarks

The company SIGNATURIT SOLUTIONS, S.L is the owner and legitimate holder of the European Union trade mark titles “SIGNATURIT” and “SIGNATURIT, Sign everywhere, anytime”, registered with the European Patent Office.

No User or Client may use the Signaturit trade mark, domain name, slogan or any other element that makes up its corporate identity, without requesting express permission to do so from the owner of this platform, except when its name is cited on social media or as a source for the publication of content in accordance with Signaturit’s legal policies on industrial and intellectual property, as mentioned in this contract and in the Legal Notice.

12.3. Image rights and authorisation for the use of Client data as a Signaturit client

By accepting these terms, the Client agrees to allow Signaturit to use their data and corporate image (logo) as a Signaturit Client in the different promotional media it uses in order to present and/or promote its services to third parties, such as the website and/or blog, social media, catalogues and/or corporate brochures, among others, with Signaturit committing to process them in a way that respects the Client’s brand image and right to honor at all times. 

For this purpose, the Client authorises Signaturit to use their logo and/or their contact information and publish them, with the option to include a link to the Client’s website that forwards those who are interested in accessing it from the different corporate media used by Signaturit, (for example, publishing the Client’s logo on the Signaturit website, accompanied by a link that directs the User to the Client’s corporate website).

This shall not imply any transfer of the Client’s trade mark, only that it can be used for the exclusive purposes stated above.


13. Dissemination of the Services on Social Media

By means of these Terms and Conditions of Contract, the User is informed that the different services will be disseminated on social media, but that in no case will their data be processed in an inappropriate or disproportionate manner. We would like to thank Users in advance for any comments they make on Signaturit’s social media profiles, in which they post information that may be of interest to the community. 

Currently, Signaturit is present on Facebook, Twitter, Google+ and LinkedIn, which is why Users and Clients are invited to visit these profiles so that they can also enjoy the latest content.


14. Applicable Language

If there is any disagreement between the text in these Terms and Conditions and any translation thereof, the Spanish version shall always prevail since the service provider, Signaturit, is located in Spain. If there are any differences between the Spanish version of the general terms and their possible translations, the Spanish version shall prevail. 


15. Modifications to These Conditions 

Signaturit can make changes and/or modifications to these Terms when it deems convenient and/or necessary and will do so in accordance with market conditions or legal requirements and/or regulatory changes that may be applicable. 

The updates and/or modifications shall be duly announced and notified to Users, thus guaranteeing the principles of publicity and transparency, as well as the rights of consumers and/or Users. 

Notwithstanding the above, the consumer or Client shall be subject to the conditions that were published and of which they would have been informed at the time they procured each service.


16. Nullity of Clauses

In the event that any clause in these Terms and Conditions is declared null, the remaining clauses shall still be valid and shall be interpreted taking into account the wishes of the parties and the purpose of these Terms, with the clause in question being considered non-applicable. Signaturit may choose to not exercise any of the rights and powers granted in this document, however this does not imply any waiver thereof, unless expressly recognised by Signaturit. 


17. Applicable Law and Jurisdiction


These Terms and Conditions are governed by Spanish legislation. In order to determine the place where the service provision contract is formalised to which these Terms and Conditions are subject, we shall adhere to the provisions of Article 29 of Spanish Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce.

Thus, in the event there is any conflict or discrepancy in the interpretation or application of these contractual terms, the Courts and Tribunals that, where applicable, shall hear the case will be those established by applicable legal regulations in the area of competent jurisdiction. 

In the case of consumers who are natural persons, the competent court shall be the one in which the consumer has their usual residence; while in the case of Users or End Clients who are a legal entity, the competent court shall be the one for the city of Barcelona. 


18. Extrajudicial Dispute Resolution for Services Offered Online

In compliance with the provisions of Regulation 524/2013, of the European Parliament and of the Council, of 21 May 2013, applicable as of January 9, 2016, on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, when the User or Client is a natural person, they may choose this alternative mechanism to raise any dispute or claim if they believe they have suffered any damage or injury as a result of having used our platform or the services provided online, through the following link: http://ec.europa.eu/consumers/odr/

Through it, they can access alternative dispute resolution entities with quality procedures established for this purpose.

This multilingual platform is designed to be accessible to everyone and works as follows: 1. You must fill in an online claim form and send it through the platform itself; 2. The claim will reach the seller who will propose an alternative resolution entity for the dispute, according to the specific case; 3. Once the mediation entity is agreed, it shall deal with the case digitally, proposing a resolution within a period of 90 days.


19. Subject to Other Legal Policies and Conditions 

These Terms are supplemented by the other legal policies established on the website, such as the Legal Notice, Privacy Policy and Cookies Policy, in addition to the particular conditions of contract that are applicable to each specific case, as well as any other that may be necessary to add, in accordance with the provisions of applicable legislation at all times. 


20. Changing from One Service to Another

The User is informed that, once they have registered and at any time, from their Control Panel within Signaturit, they may choose one of our other services. In this case, they shall receive an email with the new applicable conditions so that they have access to detailed information on the new service.

Withdrawal Form

* The User should only fill out and send this form if they wish to withdraw from their contract, provided this is possible in accordance with the provisions of our Terms and Conditions of Contract.

Signaturit Solutions, S.L.
TIN: B-66024167
Calle Ávila, 29
08018 Barcelona
Email: [email protected]
Telephone: (+34) 93 551 14 80

Mr/Mrs ___________________ [the consumer must indicate their name and surname] with address at ________________________________ [the consumer must indicate their address].

I hereby notify you that I am withdrawing from the service provision contract by which I acquired _________________________________________ [the consumer must state the goods or services acquired] which I received on _____________________ [the consumer should state the date, month and year], with order or reference number _________________ [the consumer should state the order or reference number].


Include the consumer’s signature (if the form is submitted in a hard copy)


The consumer must state the date on which it is submitted]


21. Standard Service Level Agreement

Customer service 

Once the Electronic Signature Service for the Customer is launched, the system will be covered by the Technical Support Service to ensure its operational continuity against possible incidents and  problems that may occur during operations. The technical support associated with the following incident resolution situations is included. 

NOTE: It includes the resolution of incidents that may occur during the operation and validity of the  Contract. The incidents are classified according to their severity.

Severity of incidents

SEVERE

DEFINITION

P0

Total system failure, preventing access to the Signaturit platform and the inability to use any of its services.

P1

Failure of one or more key functionalities of the service (requests to send documents to sign and for them to be signed), which severely affects the correct operation for all users.

P2

Failure of one or more features of the service without having an immediate significant effect on the quality of service to all users.

P3

Failure of one or several secondary functionalities that do not have an effect on the correct use of Signaturit’s services


Incident response time during business hours

SEVERE

RESPONSE TIME

P0

120 minutes

P1

4 hours

P2

12 hours

P3

24 hours


Methods of support

By e-mail to [email protected]

Help Centre available @ https://help.signaturit.com/hc/en-us

Support hours

Office hours: Monday to Friday, from 09:00 to 18:00 (GMT + 1)

Help Centre available 24/7

Response time during support hours

The response time is measured from the moment the Customer notifies SIGNATURIT SOLUTIONS about the incident; until the confirmation of receipt by SIGNATURIT SOLUTIONS, which implies the following actions:

  • Confirmation of the support request by the reception channel
  • Prioritisation of the incident according to the Category table
  • Assignment of the incident report number for follow-up

Resolution time during support hours

The time between the notification of generic incidents and one of the following responses by SIGNATURIT SOLUTIONS:

  • Clarification response on product functionalities, which may or may not be described in this documentation.
  • Reply asking for more information about the problem since the information that has been provided is insufficient to correctly identify the problem or to resolve the incident.
  • Send the Customer a satisfactory response that allows them to close the incident by being able to continue using Signaturit's services correctly.

If the system is unavailable, only the diagnostic time of the problem is guaranteed. The resolution time will depend on the nature of the problem detected and a resolution is guaranteed in the shortest possible time.

Exclusions

The Guarantee and Service Level Agreement excludes:

  • The resolution of problems derived from modifications of the infrastructure services, carried out without the knowledge and explicit authorisation of SIGNATURIT SOLUTIONS, or different from those collected in the service practices and policies.
  • Any problem caused by factors beyond Signaturit's control, including any unforeseeable cause or reasons of force majeure in accordance with article 1.105 of the Spanish Civil Code.

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INDEX

B) Services provided by Ivnosys Solutions SLU

1. Scope and Purpose of These Terms

Where do these terms apply?

These terms and conditions are aimed at regulating the relationship between the owner of this website and its registered Users or Clients, based on the procurement of services that is derived from or requested through the website www.signaturit.com for the services provided by Ivnosys Solutions, Qualified Trust Service Provider, and/or the use of trust services by the interested party, and also the use and enjoyment of all other services that you will find on our website.

Users and clients can contact the team using the following contact information and by the means established at the time of contracting:

Ivnosys Solutions, S.L.U
TIN: B-98333362
Acceso Ademúz, 12 /Office 1 - 1st floor
46980 Paterna (Valencia)
Email: [email protected]
Telephone: (+34) 96 003 12 03

As already stated in the Legal Notice, this website aims to present and provide the User with Ivnosys trust services, which are: Simple Electronic Signature, Simple Electronic Signature with OTP, Advanced Electronic Signature, Advanced Electronic Signature with OTP, Certified Electronic Delivery Service via email, Certified Electronic Delivery Service via SMS, Qualified Time Stamp, issuance of qualified certificates and qualified electronic signature. In addition to the System for managing the receipt of electronic notifications automatically, connecting with the electronic offices of different organizations. 

Ivnosys solutions are offered in SaaS mode with different features and functionalities, without a trial period.

.To purchase any of these services, the User must first expressly accept these terms when indicated. 

The User/Client must also take into account the particular conditions that will be detailed, if applicable, at the time of acquiring the service, and that Ivnosys will attach together with the specific offer of products or services that is provided separately. 

Hereinafter, when we refer to the website, blog and/or trust services, along with the other services offered, we will refer to them as Ivnosys Services. 

1.2. What is the purpose of these terms?

These terms regulate and list the rules to be taken into account by the User/Client with regard to the procurement of services. Each service has different characteristics or peculiarities that are described on the website, in the contract for the provision of services as well as in this document, and which must be validated by the User, before acquiring it. In addition, upon accepting the User’s procurement of services, the User will be properly informed of any particular conditions and must validate them, if applicable.  

Who is a Client?

The services may be acquired by any natural person or legal entity, by signing it on the Signaturit mandatory contract platform according to the modality specified with the commercial department of Ivnosys depending of the services.

Regarding to the processing of personal data, the provisions of our Privacy Policy.


2. How the Services Work

2.1. Reading and accepting the Terms and Conditions

2.1.1. Demo request

To request a free product demonstration, it will be necessary for the User to fill in the mandatory form with their data and, subsequently, the necessary data will be provided to be able to provide access to the service or consultation requested by the commercial department, always in accordance with the principles of relevance and proportionality and other obligations established both in the Ivnosys Privacy Policy and in the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016 (RGPD in hereinafter), as well as the provisions of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (LOPDyGDD hereinafter), as well as the rest of the provisions that exist and are enforceable in this matter, in order to be able to process the service correctly and/or keep you informed about the services and/or any other related aspect. with the same ones that could be of interest.

2.1.2. Accepting the conditions

In accordance with the provisions of Article 23 of Spanish Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, the procurement of services shall be confirmed by through the signing of the contract for the provision of services and the privacy annexes and particular contracting conditions. 

From the moment the User accepts the Terms and Conditions, the User acquires the status of Client, either because they had registered previously or because they had already acquired any of Ivnosys services at some point in time and had not definitively cancelled their registration.  

Nevertheless, any service offered subsequently by Ivnosys, and not initially acquired by the Client, shall be the subject of a new procurement process as a Client, and you must have to proceed to the signing of a new contract or an annex to the contract that had already been signed.

Once these general conditions have been expressly accepted and the required services have been contracted, Ivnosys will contact the Client to manage the registration of users of the contracted services.

If authorised by the Client, Ivnosys may also send, where applicable, any offer, promotion or information that may be of interest to them, and also manage any other information as necessary, when it has been authorised. 

2.1.3. Recommendations and considerations to take into account

The Client is expressly informed that, if there is any issue with their contact or billing details, application of discounts or any other situation that may affect their User profile or the procurement of services, they should contact the Ivnosys team by sending an email to [email protected]

Likewise, you are informed that, for legal reasons, Ivnosys files the contractual documentation in any format in which the contracting of these services is formalized, when the Client contracts the services offered. 

Inform the Client that, in the event of an error in sending their data, they may proceed to modify the same in their Client or User profile within Ivnosys' own platforms and in accordance with the provisions of the Privacy Policy.

2.2. Requirements for procurement:

2.2.1. Being of legal age

In order to be a Ivnosys User and/or Client and acquire services, the User must be at least of legal age. 

Spain establishes the legal age for procuring services as 18 years old, which is why any service procured through Ivnosys by minors will not be considered valid. 

In this regard, if a minor is ever found to have procured any of the services offered by Ivnosys, it would proceed to automatically cancel and refund the service or price paid, where applicable. 

If you discover or know that a minor has acquired any of the services offered by this website, please report it as soon as possible to the following address [email protected], providing as many details as possible.

In the event you are acting on behalf of a company or in representation of a legal entity, you must have the relevant authorisations and/or powers to procure our services, and thus, take responsibility for the consequences that may arise from non-compliance with this requirement. 

2.2.2. Formal statements and/or requirements 

Through the procurement of the services, the Client states: 

  • That they are a person of legal age with the capacity to enter into contracts.
  • That they have read, understood and accepted these Terms and Conditions and other regulations that apply to the procurement of Ivnosys services. 


3. Price of Services

3.1. Price and services

The price for the contracted services will be communicated to you during the contracting process, which will be formalized by signing the mandatory contract for the provision of services with their economic and technical details. The services offered by Ivnosys will be provided according to the conditions established in the economic offer (annual user licenses and Ivcert application credits, which are spent on each shipment request made by the Client.

Ivnosys services are provided through your dashboard or through API integration, in both cases specifying a license that allows access to the dashboard or to the API in order to use the services during the term of the contract. 

3.2. Applicable taxes

All prices included in the commercial proposals or order forms sent by Ivnosys staff will be final prices.

Unless a different amount is specified at the time of procurement, the total price for each of the types of services procured may also vary according to the VAT that is applicable to the buyer, with the buyer being the natural person or legal entity that acquires or procures any of the services through Ivnosys. 

In accordance with Spanish Law 28/2014, of 27 November, by which, amongst others, Spanish Law 37/1992, of 28 December, on Value Added Tax is amended, and by virtue of the provisions of the location rules added to Directive 2006/112/EC by Directive 2008/8/EC, of 12 February 2018, the address or usual residence of the recipient of the electronic services shall be taken into account. 

Ivnosys informs the Client that at all times and before procuring the service, our platform shall indicate the amount of VAT payable in your case, if any, which shall be reflected in the summary of the procurement and/or particular conditions that will be sent to you. 

3.3. Changes in price

The User should be aware that Signaturit reserves the right to modify prices at any time, but it agrees to apply the rates in force, which are shown on the portal at the time the Client requests or procures the services and during the period for which that specific service was procured. 


4. Procurement Procedure

4.1. Pre-employment contact

The Client will communicate, through the means of contact that Ivnosys makes available (telephone, email, web forms...) to request a free demonstration and/or a personalized commercial proposal. The commercial department may grant access to a demo version of the services offered or manage a commercial presentation depending on the case. To do this, you must freely and voluntarily provide the personal data that is required.

4.2. Procedures and start-up of the service

The steps to follow in order to use and enjoy each of our services shall be indicated in the particular conditions of contract, if any. In any case, the general process to be followed by the Client in order to formalise the procurement and begin using our services shall be as follows: 

  1. Contact with sales department and formalization of a proposal detailing the contracted products and/or services.
  2. Formalization of the service provision contract by signing it, expressing acceptance of the products and/or services contracted in the contract or order form. 
  3. The Client can be managed either by the Project Management department, at which time the precise technical adaptations will be made as detailed, or by the support department in the event that they are not required.
  4. Any subsequent modification of the particular conditions of the contract, whether by extension or modification of the contracted products or services or extension of licenses or credits, as the case may be, will be formalized through the respective order form.

Ivnosys reserves the right to modify the contracting process and the procedures for starting up the service at any time, indicating any modifying circumstance to the client in advance.

4.2. Way to pay

 The default form of payment in the contracting of products or services provided by Ivnosys is the bank transfer with a term determined in the proposal. Any variation on this concept that deviates from the conditions predetermined by Ivnosys must be expressly agreed upon and will be included in the particular conditions of the contract.

5. Duration of Service

The default duration of the contract is one (1) year, the renewal will take place tacitly unless you communicate one (1) month before the expiration of the contract or any of its renewals your wish not to continue with it.

6. Terms for Delivering Services

6.1. General aspects

The service shall be delivered to Clients by the Ivnosys team through the email provided by the Client when procuring the services.  

In this way, once the contract has been formalized and following the steps and instructions that will be indicated by the Ivnosys team, the Client will be able to use the products or services as established in the particular conditions.

6.2. User assistance and incidents

If the Client requires assistance for the use of the company's platforms or services, they must contact the Ivnosys team at [email protected] so that they can advise them conveniently. 

Likewise, if the client finds that the application gives him an error or any type of problem that he does not know, he can contact through the previous email to resolve the incident that may have occurred.


7. Guarantee

7.1. Agility

Ivnosys guarantees an easy and agile system, which allows you to upload the documents to the platform, make the adjustments and/or check the corresponding boxes and adapt it to your needs according to the particularities and/or functionalities of the solution, in an agile way. , easy and simple.7.2. security guarantee.

This website complies with the highest Internet security standards, including maximum server security and HTTPS security protocols in all the products and services it supplies to its Clients.  You can consult our Information Security Policy.

7.2. Privacy

Ivnosys is especially involved and aware of ensuring the confidentiality of the data provided by its Clients, which is why it has implemented all the necessary technical and organizational measures to minimize the risk of loss of personal data and/or confidential information. For more information in this regard, the User can see the Privacy Policy.

8. Responsibilities of the Client or User

The Client undertakes to check that he has received all the documentation detailed here once the service has been contracted. If you have any questions, please contact the Ivnosys team using the different means at your disposal. Also, according to the following points:

  1. The Client undertakes to pay the amount of the invoices issued for the contracted services in a timely manner.
  2. The Client and users must make good use of the products and services offered by Ivnosys, forcing themselves to use the services offered on this website, in a lawful manner and without contravening current legislation or harming the rights and interests of third parties.
  3. Likewise, it guarantees the veracity and accuracy of the data provided in the contracting and of the users registered under its responsibility, avoiding the creation of damages to Ivnosys as a consequence of the incorrectness of the same.
  4. You will also be responsible for respecting the conditions, form or execution of the services detailed in the applicable particular conditions, as the case may be, as well as in the Community Rules, when any.
  5. The User is also responsible for making good use of their User profile and password to access the contracted products and services, committing to make diligent use of them and keep them conveniently so that they are not made available to third parties, as well as also to notify Ivnosys of its loss, theft or possible access by an unauthorized third party, so that Ivnosys can immediately block it.
  6. The Client may not misuse the services offered by Ivnosys in any way, especially for sending documents to recipients who, among others and by way of example:
    • May damage or violate the rights of minors.
    • Contain threats, harassment or insults.
    • Is considered adult or pornographic material.
    • Involve carrying out a fraudulent or criminal activity or sending a virus or other systems that may cause damage of any kind or may violate information security or privacy. 
  7. It is the responsibility of the User and/or the Client to inform third parties with whom they interact through Ivnosys, about the use of the platform, this policy of general contracting conditions and the Privacy Policy, to comply with the applicable legislation in terms of data protection when operating as Data Controller. In accordance with the foregoing, Ivnosys will not be responsible for the consequences that may arise from this breach.
  8. The client undertakes to adopt the timely and appropriate organizational and technical measures in terms of privacy and information security in order to guarantee compliance with what is established here, as well as what is provided for in the applicable regulations.
  9. Failure to comply with any of these conditions may lead to the immediate withdrawal or cancellation of the services by Ivnosys without prior notice, without this giving the User or Client the right to request any compensation. Likewise, Ivnosys reserves the right to present as many legal or judicial actions as it deems necessary in case of detecting the commission of a crime by the client or any other type of legal infraction.

9. Limits to the liability of Ivnosys

By way of example and not limitation, Ivnosys will not be responsible in any case in the event of:

  1. Misuse or abuse by Users and/or Clients of the information obtained through the services contracted with Ivnosys. 
  2. Damages or losses that have occurred as a result of the use of the information extracted from the services offered by Ivnosys. 
  3. Documents not suitable for signature, uploaded or published by the User and/or Clients and sent to the recipient without the latter being able to sign validly and/or adequately in accordance with the legally established criteria.
  4. Errors, delays in access by the Client when providing the necessary data to proceed to start the provision of contracted services or reception by the recipients of the document or any delay, failure or anomaly that may arise when these incidents are due to actions of the User or Client, problems in the Internet network, fortuitous causes or force majeure or any other unforeseeable contingency and beyond the good faith of the company. 
  5. Ivnosys undertakes to solve any problems that may arise as long as they are due solely and exclusively to a problem in the Ivnosys system, collaborating in whatever is necessary so that the Client can benefit from a quick solution to the problem. incidence. 
  6. Errors or damage caused by negligence or bad faith in the use of the service by the User and/or Client.
  7. Non-operational or problems in the email address provided by the Client for sending the documentation, both theirs and that of the recipient, as well as the consequences that may arise from it. 
  8. The failures and incidents that may occur in communications, deletion or incomplete transmissions given that there may be network failures or other types of situations for which Ivnosys is not directly responsible, it cannot assume responsibility for it or guarantee that the website services are constantly operational, being exempt from any damage that this could cause. 
  9. Of the production of any type of damage that the Client or third parties could cause in the Web site of third parties or of the client. 
  10. Ivnosys reserves the right to suspend access without prior notice at its discretion and permanently or temporarily until effective liability for damages that may occur when any situation is detected in which the User and/or Client have not acted diligently and/or have taken advantage of the functionalities of the website, blog or contracted services in any way that could have caused any damage.
  11. Of the processes or sanctioning files that are opened to the client in any matter and in which the services of Ivnosys could have been used. 
  12. In no case will Ivnosys be responsible for data processing that has not been previously informed or for which the pertinent measures have not been adopted when the person responsible for said processing is a third party; that is, when Ivnosys acts as data processor, but must, to do so, comply with its own obligations and responsibilities under the provisions of the applicable regulations in relation to data protection.

Likewise, and in accordance with current legislation, it is stated that Ivnosys, even when it is not responsible for the damages that could have been caused, both to the company and to third parties, will collaborate and notify the competent authority of this type of incident as soon has reliable knowledge that the damage caused may constitute illegal activity. Likewise, it reserves the right to present as many actions of the type that it considers in case of detecting the commission of a crime by the client or any other type of legal infraction.

11. Industrial and Intellectual Property

11.1. Intellectual property

All rights regarding the content published by Ivnosys on its website are protected by copyright and intellectual and industrial property rights.

Ivnosys is responsible for the ownership of the website, blog and services related to it and highlights that they have been developed and created by Signaturit, and that it has all the opportune licenses and permissions to make use of any content included on the website, as well as the programming code, design or materials associated with its services.

The company’s articles, content, images or logos are either owned by Ivnosys, or by the persons or companies that have expressly authorised their publication; or they are owned by people or companies that are subject to licenses that allow us to use these elements. 

Without express written consent by Ivnosys, the reproduction, transformation, distribution, public communication, making available to the public, sale or any other use other than those expressly authorised by Ivnosys, in its policies and other notices published on its website and/or blog, whether commercial or otherwise, is expressly prohibited, when this use involves the exploitation of content in a different way than anticipated, with, for example, the User being allowed to cite and mention posts from the blog on their social networks, as long as these citations are accompanied by the source and/or author.

For more information, the User can consult the intellectual property policy contained in this Legal Notice

11.2. Ivnosys industrial property and/or trademarks

IVNOSYS®, IvSign®, IvCert®, IvNeos®, Portal NEOS®, Agent SC®, among other distinctive signs, are trademarks and trade names registered by IVNOSYS®, and are protected by industrial property regulations. All other distinctive signs that appear on this website, unless otherwise indicated, are also registered by IVNOSYS® or by their respective owners who do not grant any kind of license to users of the same. The use of any distinctive sign of IVNOSYS® not implicit in the use of this website or in the 2.0 philosophy is prohibited.

The texts, drawings, images, photographs, videos and other graphic, sound and audiovisual elements contained in this web page, as well as its structure, design, source code, logos, trademarks and other distinctive signs that appear on it (the contents, hereinafter) are, unless otherwise indicated, owned by IVNOSYS® or its collaborators and are protected by the corresponding intellectual and industrial property rights. IVNOSYS® licenses the rights of reproduction, distribution and public communication on all the contents of this page to all users for "use 2.0." as long as it is cited and linked to the URL of origin of the contents. IVNOSYS® does not assign any other right of reproduction, distribution, public communication or transformation of the website, its design or any of its content to users. Any use of the page or its contents that is not in accordance with its purpose is prohibited. The exploitation, use, reproduction, distribution, public communication and transformation, or any other similar or analogous activity, of any programming elements used on this website without the corresponding license/authorization are prohibited. In this sense, the use of this website does not imply the transfer of any of the aforementioned rights. Any violation of the industrial or intellectual property rights owned by IVNOSYS®, its partners, its partners or its collaborators will be prosecuted with all legal means available at all times before the competent jurisdiction in each case.

11.3. Image rights and authorisation for the use of Client data as a Ivnosys client

By accepting these terms, the Client agrees to allow Ivnosys to use their data and corporate image (logo) as a Ivnosys Client in the different promotional media it uses in order to present and/or promote its services to third parties, such as the website and/or blog, social media, catalogues and/or corporate brochures, among others, with Ivnosys committing to process them in a way that respects the Client’s brand image and right to honor at all times. 

For this purpose, the Client authorises Ivnosys to use their logo and/or their contact information and publish them, with the option to include a link to the Client’s website that forwards those who are interested in accessing it from the different corporate media used by Ivnosys, (for example, publishing the Client’s logo on the Ivnosys website, accompanied by a link that directs the User to the Client’s corporate website).

This shall not imply any transfer of the Client’s trade mark, only that it can be used for the exclusive purposes stated above.

12. Applicable Language

If there is any disagreement between the text in these Terms and Conditions and any translation thereof, the Spanish version shall always prevail since the service provider, Ivnosys, is located in Spain. If there are any differences between the Spanish version of the general terms and their possible translations, the Spanish version shall prevail. 

13. Modifications to These Conditions 

Ivnosys reserves the rigth to make changes and/or modifications to these Terms when it deems convenient and/or necessary and will do so in accordance with market conditions or legal requirements and/or regulatory changes that may be applicable. 

The updates and/or modifications shall be duly announced and notified to Users, thus guaranteeing the principles of publicity and transparencyof Clients and/or Users. 

Notwithstanding the above, the Useror Client shall be subject to the conditions that were published and of which they would have been informed at the time they procured each service.

14. Nullity of Clauses

In the event that any clause in these Terms and Conditions is declared null, the remaining clauses shall still be valid and shall be interpreted taking into account the wishes of the parties and the purpose of these Terms, with the clause in question being considered non-applicable. Ivnosys may choose to not exercise any of the rights and powers granted in this document, however this does not imply any waiver thereof, unless expressly recognised by Ivnosys. 

15. Applicable Law and Jurisdiction

These general conditions are governed by Spanish law. They will be governed by Spanish legislation, submitting the Parties to the exclusive jurisdiction of the Courts of Valencia for the resolution of any dispute that may occur, expressly waiving any jurisdiction of their own, being able to freely designate the legal representation they deem appropriate.

16. Subjection to the rest of the legal policies and conditions

These conditions are complemented by the rest of the legal policies established on the website, such as the Legal Notice, Privacy Policy and Cookies Policy, in addition to the particular contracting conditions applicable to each specific case, as the case may be, as well as any another that is necessary to add or complement, in accordance with the provisions of the legislation in force at any time.

17. Subject to Other Legal Policies and Conditions 

These Terms are supplemented by the other legal policies established on the website, such as the Legal Notice, Privacy Policy and Cookies Policy, in addition to the particular conditions of contract that are applicable to each specific case, as well as any other that may be necessary to add, in accordance with the provisions of applicable legislation at all times. 

18. Modification of services

The Client is informed that, once registered for any of our services and at any time, they may opt for any of our other services. To do this, you will contact Ivnosys via email [email protected], telephone 960031203 or any other means by which you regularly communicate with Ivnosys and the sales department will provide you with detailed information on the new service to be contracted and new conditions. hiring individuals.

19.  Standard Service Agreement

19.1 Customer Service

Once the start-up of the services contracted by the Client has begun, it will be covered by the Technical Support Service to ensure its operational continuity in the face of possible incidents and problems that may occur during its operation. Technical support associated with the following incident resolution situations is included. Which will be developed according to the following service level scheme:

A) Initial Support (Client)

In this type of support, the most basic problems of the Client are solved. All user incidents will be addressed in the first instance by this initial Support Service.
The support will be given by Client personnel (through its own CAU), with knowledge of its structures and with basic training in Ivnosys services.
This initial Support must have a sole person in charge in the Client, who must inform Ivnosys.

Tasks to perform in the Initial Support:
• Gather all the information on the incident.
• Analyze the information and symptoms detected to determine the problem.
• Provide their assistance acting on possible solutions, whenever it is within their reach.
• Escalate the incidence to a higher level whenever it exceeds its scope.
• Track incidents and queries in progress.
• Communicate to the Client's users the status of existing incidents and queries.
• Communicate to the Client's users the planned interventions with an impact on the service.

Scope of Incident Resolution in Initial Support:
• Problems in user communications. Verification of network connections and security filters.
• Base configuration problems of computer equipment.
• Problems in the initial software configuration of IVNOSYS. Configuration verification.
• Problems in the installation of IVNOSYS software. Verification of installation processes.
• Usability incidents in the use of applications.
• Troubleshooting that users encounter and that are generated by incorrect or inappropriate use by the user.

B) Technical Support (Ivnosys)

Technical Support is provided by IVNOSYS. It is a specialized support in the services provided. It is made up of highly qualified IVNOSYS technicians who are functionally and technically trained in all services.

Tasks to perform in Technical Support:
• Act and resolve incidents not resolved in the Initial Support and that have been escalated due to scope issues.
• Request the necessary additional information from both Initial Support and the user (through the contact channel with the Customer's initial Support), for the resolution of the incident.
•Troubleshooting.
• Address specialized queries of a technical nature that could not be resolved by Initial Support.

C) Incident escalation to technical suport (Client)

The escalation from Initial Support to Technical Support may be carried out by the persons designated by the Client and duly notified to IVNOSYS through the established communication channels. Incidents reported by Client end users will be referred to Initial Support.

 
The communication of the incident by Initial Support to Technical Support must contain, at a minimum, the following information:

• The name of the product.
• The Client's name.
• The type of action (incidence/query/request/communication/etc.).
• A descriptive title.
• The urgency of the resolution (critical/high/low priority).
• If the incident is related to a specific user, include their username in the application.
• The date and time the incident occurred (format dd/mm/yyyy hh:mm).
• The detailed description of the incident (can be completed with screenshots, if necessary).
• The error code (if it appears on the screen).
• The steps followed to replicate the incident in Initial Support.
• Data on the environment in which the incident occurred (operating system/browser/software versions/etc.).
• Relevant observations.

C) Contact channels and schedule

IVNOSYS offers standard support during the following hours in Spain (peninsular time):
• Monday to Thursday: 9:00 a.m. to 5:00 p.m. in winter time and from 9:00 a.m. to 3:00 p.m. in summer time.
• Friday: 9:00 a.m. to 3:00 p.m.
• Except for national holidays.

An email will be available for reporting incidents to Technical Support and, only for attention to critical incidents outside of support hours, a telephone number will be available.
The Client must provide Ivnosys with contact information: email and telephone, for communication purposes.

D) Priorities definition

Reported incidents will be classified according to the following classification, according to business impact, number of affected users and urgency:

• Critical: This category will include all those incidents that:
○ have a critical impact on the business and
○ there is no alternative to the problem or
○ affect a large number of functionalities or all or
○ affect a large number of users (>50%)

 
• High: This category will have all those incidents in which:
○ there is an acceptable alternative to the problem and
○ the system is totally or partially degraded or
○ affect a substantial number of users (>25%)

 
• Low: All those incidents that are not included in the previous levels will have this category. Therefore, all individual incidents will be included in this level.

E) SLA indicators

For service management, the following indicators are handled:
• Attention time: It is the time that has elapsed from the receipt of an incident until IVNOSYS has contacted the Client for the first time.
• Restoration: It is aimed at a first solution that allows the restoration of the service.
• Restoration time: It is the time that has elapsed from the reception of an incident until IVNOSYS has given the provisional solution to the problem.
• Definitive solution: It is aimed at a final solution to the problem, which can be achieved by leaving the system as it was before the incident or incorporating those improvements that prevent a recurrence of the same problem.
• Definitive solution time: It is the time that has elapsed from the receipt of an incident until IVNOSYS has given a definitive solution to the problem.

F) SLA indicators

The following table shows the service times according to the criticality of the reported incidents:



Atention time

Restoration time

Time for final solution

Critical

1 hour

8 hours

5 days

High

2 hours

16 hours

10 days

Low

6 hours

40 hours

Will be agreed in each case


The times indicated in days and hours refer to working days and hours.

In the SLA calculations, incidents that the parties decide are not the responsibility of IVNOSYS will be eliminated.
Those incidents that require a new version of a product will be identified as non-urgent (low criticality) and the definitive solution time will be placed at the time of deployment of that version.

H) Scheduled outages

Scheduled outages" of services caused by the following will not be considered for the purpose of response times:
- Works that involve service cut-off and that are necessary to improve the operation of the service.
- Works of preventive maintenance of infrastructures.
- Software upgrades.
Scheduled service outages will be notified at least 48 hours in advance through the established communication channels.

I) Level of service

The service levels committed to the CLIENT are:

Display

Target value

Attention to incidents within the established timeframe

90%

Restoration within the established times

80%

Final solution within the established time frame

70%


Service level values will be measured on a semi-annual basis.
In case of any non-compliance with the committed service levels, the account manager at IVNOSYS and the project manager at the Client will be contacted to determine the relevant tasks to be addressed and to define the corresponding corrective actions.
 


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