General Contract Conditions for the Provision of Software Subscriptions and Advertising Dissemination Services of KONECTA TRADERON SL
1.1 These General Conditions regulate the commercial relations between DKINES., (Hereinafter, “KONECTA TRADERON SL") and its Clients. 1.2 By signing the Order, the Client fully and unreservedly accepts these General Conditions and the particular conditions, when applicable, for each product or service contracted (hereinafter the “Contract"), with particular priority over the others, both parties accepting the possibility of its formalization, by any means admitted by law, including email, telephone recording, digitized signature or electronic signature, as well as that they can be stored, organized or reproduced, by any available means. 1.3 These general conditions and the particular conditions of each service are accessible and can be consulted at https //: dkines.
2.1 KONECTA TRADERON SL, currently and without prejudice to other activities that now or in the future could undertake by itself or through subsidiaries or affiliates, is dedicated to the commercial exploitation of various software of which it is the owner or has its exploitation rights , and of various advertising media of which it is the owner or has its exploitation rights 2.2 Your identification data are the following:
3.1 Entrepreneur, merchant, industrialist or professional of legal age or duly represented legal person who fully accepts the Contract (hereinafter, the “Client”). Acceptance constitutes the essential requirement to register as a Customer of the service and register in it, in those telematic services that require it. 3.2 Minors under eighteen will not be admitted as Clients. The Client declares, under his sole responsibility, that he is over eighteen years old and that all the information he provides about his personal circumstances is true. 3.3 The Client declares and guarantees that they have sufficient powers to sign the Order, by themselves or by any of their agents, representatives, or factors acting on their behalf, and that by accepting it, you are bound by these conditions and terms of the Order Order. 3.4 The Client expressly admits that KONECTA TRADERON SL, now or in the future, may develop activities included in any of the headings or sections of its guides or any other support, by itself or through subsidiaries or affiliates.
4.1 The object of the Contract consists of the provision of services by KONECTA TRADERON SL in exchange for the payment of a price by the Client, in the terms established therein. 4.2 For such purposes, KONECTA TRADERON SL will carry out the launch of a subscription in one of its software or dissemination of the advertising material according to the specifications established in the Order Order, and within the typographical and technical limitations admitted by the KONECTA systems TRADERON SL. 4.3 Regarding advertising services. The Client knows and accepts that it is the exclusive responsibility of KONECTA TRADERON SL the organization of advertising in its advertising media, being able to limit the number of spaces or time available in them, as well as jointly or disaggregated publishing of the publications it deems appropriate, in order to favor their use and commercialization. As well as that KONECTA TRADERON SL has its own criteria and objectives for the ordering of advertisements in its guides and supports, which may be reviewed and modified at any time by it. 4.4 As regards advertising services. The Client admits to knowing and understanding that the volume of the guides and the number of inserts contracted could hinder the exact adaptation to said criteria of each and every one of the inserts, and therefore KONECTA TRADERON SL does not guarantee a specific location of the advertisement, except in cases where, due to the characteristics of the product, it has been expressly contracted and collected according to the Order Order. In addition, The Client accepts that KONECTA TRADERON SL, in order to favor the use of its printed publications and increase the dissemination of advertising, may expand or decrease its size or format and authorizes the adaptation of the contracted advertisements to the new design. 4.5 Requests for modification of the Order Order will be made in accordance with the provisions of Condition 11.1, using the corresponding standard form of KONECTA TRADERON SL. 4.6 The Client accepts that KONECTA TRADERON SL can adapt the services object of the Contract to technological advances or other products of a different range or similar (or higher) functionality, without this implying a substantial contractual modification of the contracted object or being the subject of a claim by contractual breach by the Client. Four.
5.1 The Contract will enter into force and take full effect from the moment the Customer accepts the Order, unless KONECTA TRADERON SL notifies the Customer of its non-acceptance within a period not exceeding seven business days from That date. Notwithstanding the foregoing, for contracts of more than 5,000 euros per calendar year carried out by companies of an irregular nature (civil companies or communities of assets), it will be an essential requirement, for the Contract to be considered formalized, to make the information available to KONECTA TRADERON SL documentation that it considers appropriate to prove the solvency of the Client and the identification of its partners or community members, which will be at least the information contained in the tax return for entities under the income allocation regime submitted on behalf of the company (model 184). 5.2 Automatic Renewal The duration of this agreement is that indicated in the Order Order (Initial Term). After the Initial Term indicated in the Order, this Service will be tacitly and automatically renewed for the same periods of time as the Initial Term. The Client may cancel this automatic renewal, notifying KONECTA TRADERON SL in writing of this decision with a minimum notice of thirty (30) days before the expiration date of their contract. The exceptions to this general rule of automatic renewal are identified in the Specific Conditions of each product or service. 2 Automatic Renewal The duration of this agreement is indicated in the Order Order (Initial Term). After the Initial Term indicated in the Order, this Service will be tacitly and automatically renewed for the same periods of time as the Initial Term. The Client may cancel this automatic renewal, notifying KONECTA TRADERON SL in writing of this decision with a minimum notice of thirty (30) days before the expiration date of their contract. The exceptions to this general rule of automatic renewal are identified in the Specific Conditions of each product or service. 2 Automatic Renewal The duration of this agreement is indicated in the Order Order (Initial Term). After the Initial Term indicated in the Order, this Service will be tacitly and automatically renewed for the same periods of time as the Initial Term. The Client may cancel this automatic renewal, notifying KONECTA TRADERON SL in writing of this decision with a minimum notice of thirty (30) days before the expiration date of their contract. The exceptions to this general rule of automatic renewal are identified in the Specific Conditions of each product or service. This Service will be tacitly and automatically renewed for the same periods of time as the Initial Term. The Client may cancel this automatic renewal, notifying KONECTA TRADERON SL in writing of this decision with a minimum notice of thirty (30) days before the expiration date of their contract. The exceptions to this general rule of automatic renewal are identified in the Specific Conditions of each product or service. This Service will be tacitly and automatically renewed for the same periods of time as the Initial Term. The Client may cancel this automatic renewal, notifying KONECTA TRADERON SL in writing of this decision with a minimum notice of thirty (30) days before the expiration date of their contract. The exceptions to this general rule of automatic renewal are identified in the Specific Conditions of each product or service.
6.1 The use of the different services of this type will be adjusted to the following:
6.2 The Client assumes all responsibilities that may arise from the improper use of the services. 6.3 KONECTA TRADERON SL, as the entity providing the service, in order to guarantee all the rights of the Clients, may:
6.4 KONECTA TRADERON SL authorizes the Client to use the intellectual and industrial property rights related to the computer applications installed on the KONECTA TRADERON SL server that executes the services that make up the services as established in the Contract. KONECTA TRADERON SL does not grant any other authorization of use of any kind, prohibiting its total or partial reproduction, its computer processing, its transmission, its loan and any other form of assignment, without express written authorization. 6.5 The legitimacy of the intellectual or industrial property rights corresponding to the content and information provided by the Client are their sole responsibility.
7.1 As consideration for the contracted services, the Client will pay the agreed price, said amount being increased with the applicable taxes at all times. 7.2 The Client undertakes to make payments within the agreed terms, with the possibility for KONECTA TRADERON SL to demand payments on account in the following cases: (i) for new clients who make their first contract; and (ii) for certain specific products. In any case, the terms may not exceed the expiration date of the diffusion of the contracted advertising. In the event of third parties paying, the Client will jointly and severally respond to KONECTA TRADERON SL for their payments. In case of non-payment of any term, the rest of the terms will be understood to have expired, and KONECTA TRADERON SL may demand the total pending payment. 7. 3 The Client will be in default automatically due to the mere failure to pay within the agreed period and therefore must pay KONECTA TRADERON SL the late payment interest and the collection costs that have accrued, in accordance with the provisions of Law 3/2004 , on late payment in commercial operations, without the need for notice of expiration or any intimation from KONECTA TRADERON SL, reserving, at the same time, the right to communicate the non-payment to the entities dedicated to the provision of the information service on breach of monetary obligations as well as it will be able to communicate any information that works in KONECTA TRADERON SL about the Client to the recovery entities. 7. 4 The discounts and other rights derived from any promotion that may have been agreed will be effective exclusively in relation to the contracted services. The delay in payment for any reason and the total or partial withdrawal at the will of the Client will invalidate said discounts or rights derived from any promotion, without the need for an express request by KONECTA TRADERON SL. 7.5 The non-payment of any amount empowers KONECTA TRADERON SL to reject any request from the Client and to cancel any other service not executed, empowering KONECTA TRADERON SL to terminate the Contract, give up, liquid and enforceable the amounts of all the terms of the Contract, and to demand the appropriate damages. 7.6 The mere delay in payment by the Client will empower KONECTA TRADERON SL, Without the need for notice, to temporarily suspend the services in the contracted electronic and telephone supports. When the delay is greater than two months, it will authorize KONECTA TRADERON SL to permanently interrupt the services and the corresponding resolution of the Contract, as indicated above. 7.7 Any claim that the Client wants to make regarding any charge made to his account must be communicated to KONECTA TRADERON SL, within 60 days from the charge, in accordance with Condition 11.1. as indicated above. 7.7 Any claim that the Client wants to make regarding any charge made to his account must be communicated to KONECTA TRADERON SL, within 60 days from the charge, in accordance with Condition 11.1. as indicated above. 7.7 Any claim that the Client wants to make regarding any charge made to his account must be communicated to KONECTA TRADERON SL, within 60 days from the charge, in accordance with Condition 11.1.
8.1 The content of the Contract, as well as all the data, documentation and information of any kind that the parties exchange with each other, as a result of the formalization of this Contract, will be confidential during the term of the same, except for the data intended for advertising dissemination. and those for which their transfer or use by third parties has been authorized and, where appropriate, any information regarding the unpaid and failed debt of the Client for the contracted services. 8.2 The Client acknowledges that their data is processed in their capacity as an entrepreneur, merchant, industrial or professional advertiser, exclusively linked to their commercial or commercial activity. 8.3 The Client expressly accepts that their data be used to receive information about services and products from KONECTA TRADERON SL, or of any of the companies of its Group that are detailed in Condition 10.6, by telephone, e-mail or any other means of electronic communication, as well as to carry out statistics, analysis, commercial prospecting and market segmentation for commercial purposes on the themselves, in order to be able to adapt them to the needs of the Client. The Client authorizes that their data can be treated under these conditions until they expressly express their desire for them to be eliminated, even if they do not extend their business relationship with KONECTA TRADERON SL. 8.4 The Client consents that the data provided in the Order Order (name and surname or company name, postal address, telephone number, email address, fax and type of activity) may be used for direct marketing actions, offering products and services of third companies, referring to the different activity epigraphs that appear in the Yellow Pages, or being communicated to third companies for the aforementioned purposes. 8.5 Likewise, in order to increase the dissemination of advertising in any medium as much as possible, the Client authorizes that it may be communicated or facilitated its access to third parties. 8.6 The Client authorizes KONECTA TRADERON SL to facilitate the reverse search or create multi-criteria guides with the identification data provided in the Order Order, that is, through any of these data provided by the Client any of the rest of your data. 8.7 The Client accepts that their data may be communicated or their access facilitated in the following cases: (i) to 11888 SERVICIO CONSULTA TELEFONICA SA for the provision of telephone consultation services, with registered office at Avda. de Manoteras, 12 de Madrid and (ii) to any other subsidiary or affiliated entity of KONECTA TRADERON SL or subcontracted entity for the execution of any of the obligations arising from this Contract. 8.8 If the Client wishes to rectify their data or does not want any of these treatments to be carried out, they must send a letter to KONECTA TRADERON SL Apartado de Correos nº 41014-28080 Madrid or call the free phone number 900506954, with the only requirement to identify themselves sufficiently. 8.
9.1 The Client expressly accepts that the use he makes of the contracted services will be made at his own risk and expense. Neither KONECTA TRADERON SL nor its information providers, licensors, licensees, employees, agents, proxies and subcontractors guarantee any results in relation to the minimum influx of users to the contracted media, nor the success of the Client's advertisements or any information, service or product, which has been supplied or is in relation to KONECTA TRADERON SL. 9.2 KONECTA TRADERON SL excludes in its own name and that of its suppliers, licensors, licensees, subcontractors, consultants, agents, proxies and / or employees any type of guarantee in particular, but without limitation, on: (1) accessibility, suitability or content of the contracted service and / or information, products or services accessible through said service; (2) satisfactory quality and merchantability and / or fitness for a particular purpose.
10.1 The responsibility of KONECTA TRADERON SL, as well as of its suppliers, licensors, licensees, employees, agents, attorneys or subcontractors, for acts attributable to any of them, will be exclusively for direct damages caused by: failures in the provision, error, omission , interruption, loss, defect, lack of supply, computer virus, destruction, unauthorized access, alteration and illegitimate use of files. Liability for damages actually caused is limited to twice the amount of the net invoiced price of the advertisement or advertisements affected by the error or breach of contract and to the reduction of the price of the advertisement affected in proportion to the error made. 10.2 KONECTA TRADERON SL, its information providers, licensors, licensees, employees, agents, proxies or subcontractors, will not be responsible, in any case, for any direct, indirect, incidental or consequential damage, derived from the Contract, for the use by third parties of the contracted service and / or the websites that it links, as well as for the acts , errors or omissions of third parties to whom KONECTA TRADERON SL, through agreements, provides links to content, advertisements, or any other type of data or information. 10.3 KONECTA TRADERON SL will not have any responsibility for failures or delays in its benefits in the event that the delay is caused by a labor strike or lockout, supply restriction, disturbances, acts of terrorism, insurrection, fire, flood, storm, explosion, earthquake, internet failures, computer virus, war,
11.1 In order that the requests for modification of the Order Order by the Client can be executed by KONECTA TRADERON SL, they must be communicated in writing, dated and signed by the Client and addressed to KONECTA TRADERON SL, without, in any case, being executed Requests made within a period of fifteen business days before the closing date of hiring the guide, except as provided in this Condition 14. 11.2 The Client can withdraw or cancel the Contract,
For KONECTA TRADERON SL to accept and consider valid the request for cancellation or withdrawal of the Contract, the Client must send their request, through a reliable means, expressly and in writing, dated and signed, to the Customer Service (SAC) referred to. in section 11.1. Cancellation requests addressed to units or persons of the Company other than the aforementioned Service (SAC) will not be considered communicated to KONECTA TRADERON SL. 11.3 In the event that different products or advertisements are contracted through the Promotional Pack formula, once contracted, the partial cancellation of the same by the Client will not be allowed under any circumstances. 11.4 KONECTA TRADERON SL reserves the right to cancel, reject or suspend an Order Order and its advertising in the following cases:
12.1 KONECTA TRADERON SL may proceed to modify the content of these General Conditions, provided there is a sufficient cause or reason for it. In any case, the modification will be notified by publishing it at https://medikines.com/condiciones-contratacion/ , specifying, in any case, clearly, its reasons and effects of all kinds. It will be understood that there is a sufficient cause or reason to justify the modification when it is intended to:
12.2 These general or particular conditions, if applicable, may not be modified except by individual, express and written agreement. The modified conditions come into effect from the moment they are published, so the Order Orders formalized after that moment will be subject to the modified conditions. 12.3 In view of the foregoing, we strongly recommend that you verify if the Conditions have been modified whenever you intend to contract with KONECTA TRADERON SL.
The Client accepts and expressly acknowledges the right of KONECTA TRADERON SL to assign, totally or partially, the Contract to any company belonging to KONECTA TRADERON SL prior notification to the Client.
14.1 The applicable legislation is Spanish. 14.2 For the resolution of any dispute or litigation that arises in relation to the interpretation or execution of the agreement, the Courts and Tribunals referred to in the Contract will be competent. Any claim against KONECTA TRADERON SL derived from the agreement will be considered as an individual claim and cannot be combined with any action or litigation of any other third person. 14.3 These General Conditions are valid in the versions published by KONECTA TRADERON SL in the official languages of the Spanish State.
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