General conditions of hiring of Sistemail

From one it leaves to David Alonso Gordillo residing in Xaloc Street nº2 P-4, Low To, p.c. 03570, Villajoyosa (Alicante), NIF 53109968R, in future SISTEMIO renders, among others, consisting of services licensing the software of his denominated property “Sistemail

®”, in future the Services.

Of another part the contractor, in future the CLIENT or directed to you, legal natural person or whom the present form of hiring fills up, with the required data and with that SISTEMIO establishes a commercial activity through this General Contract. The CLIENT knows, understands freely and accepts, after inquiring into his characteristics, the present Conditions.

SISTEMIO reserves the right to accept any request of services on the part of the CLIENT.

 

The acceptance of the present CLAUSES will imply the formalization of the contract between the CLIENT and SISTEMIO, whom vigor as of the date of acceptance of this document will have.

1. Description of the Services

1.1. Sistemail

®it is a service of subscription and payment that, by means of a computer science tool, allows, among others services, to optimize the management of action and/or campaigns of email marketing, facilitates his pursuit, the control of results and the maintenance of the data bases. Sistemail

®it facilitates the management of contacts, the creation and edition of promotional pieces, newsletters or bulletins, offers resources as the “test of Spam” and allows the connection with external etc., data bases.

Characteristics:

1.2.1. The service contracted with poplavka.net must be used exclusively with allowed aims. It is strictly prohibited the use of anyone of the services contracted with aims that break any local law, provincial, national or international or simply they affect the moral and moral convention or are offensive for any person or group of people.

While he uses the services of poplavka.net, the user will not be able:

To disclose or to transmit illegal, abusive, slanderous, racist, offensive information, or any other type of susceptible information of objection, or by means of advertising photographies, texts, banners or external page connections.

To publish, to transmit, to reproduce, to distribute or to operate any information or software that contains virus or any other harmful component.

To publish, to transmit, to reproduce, to distribute or to operate software or another material that is not original (hacked into).

To publish, to transmit, to reproduce, to distribute or to explode material that can infringe rights of intellectual property.

To publish sites that have as objective the illegal obtaining of keys of access to accounts of email or bank accounts.

To publish or to facilitate material or resources on hacking, cracking, or any other information that poplavka.net considers unsuitable.

To publish, to transmit, to reproduce, to distribute or to explode material that contains child pornography or any related marketing research.

Any use of the service for illicit aims will authorize to poplavka.net to suspend the services contracted without previous warning.

1.3. Sistemail.com has a control and security system of shipments where the plans, contents and senders are reviewed, as well as a registry of activity of users of the same.

2. Object of the Contract

The benefit on the part of SISTEMIO of the contracted Services constitutes the object of this contract. The benefit of these Services will be carried out by means of the obtaining, disposition, organization, use and management on the part of SISTEMIO of the necessary Resources, in exchange for the payment of the agreed to Prices.

3. General norms of use of the Services

3.1. AVAILABILITY OF THE SERVICES

Unless the opposite in the Characteristics of the Service determines itself or the nature of the own Service the opposite comes off itself, SISTEMIO is committed to realise their maximum efforts to guarantee the benefit of the same of uninterrupted form the twenty-four (24) hours of the day during every day of the year.

SISTEMIO is committed to realise the maximum effort in maintaining an acceptable level in the fulfillment of their contractual obligations, but it cannot guarantee, explicitly or implicitly, the continuity of the service in a while determined, the integrity of the information stored or transferred through his Resources or of Internet. SISTEMIO is not either made person in charge of the nonauthorized access by third parties to information of Clients stored in the system, loss or corruption of the same.
3.2. INTERRUPTIONS

SISTEMIO will be able to interrupt of temporary form the access or availability to their Services on the part of the Client by reasons for security, or reconstruction of the computer science resources of SISTEMIO with the purpose of to improve the benefit or configuration of the same. In any case, SISTEMIO will realise their maximum efforts so that such interruptions affect of minimum form the Client.

In any case, SISTEMIO will realise their maximum efforts: (a) to notify the Client, in the measurement that it is possible and in advance reasonable, of those periods of time in which the Services and (b) were interrupted so that such interruptions affect of minimum form the Client.

SISTEMIO will not be responsible for those interruptions that occur by causes of Greater Force, or causes than are outside their control.

3.3. NORMS OF SUITABLE USE

The putting to disposition and maintenance of the contracted Services, will be understood, in any case, submitted to the strict fulfillment on the part of the Client and the Users of this one, with the terms picked up in the present contract, or if so, with which they are from his modification, and, especially, with those incorporating in the present stipulation.

Therefore, and in relation to the Services object of the present contract, the Client commits himself, according to is the case, a:

a. To always build according to the Law, to moral convention and the exigencies of the good faith, using the diligence adapted to the nature of the contracted Service, abstaining to anyway use the same that can prevent, damage or aggravate the normal operation of the same, the goods or rights of SISTEMIO, the rest of its Clients, Users or generally of any third party.

b. To only use the Resources assigned according to the uses for which they were predicted and without causing to no damage or damage, direct or indirect in the same.

c. Not to disturb, to prevent, to interfere with, to distort or to damage the assigned Resources, as well as the equipment and systems of third parts or the benefits of the Services of the remaining Clients of SISTEMIO.

d. To observe all the rules and conditions that SISTEMIO can impose on the use of the Resources assigned for the sake of the benefit of an optimal one and adapted Service.

e. Not to use the Resources nor served for the opposite taking of steps to the laws, the moral, the public order. Also, the Client commits himself not to use the Services with aims or illicit effects, prohibited, harmful of rights and interests of third parties, declining SISTEMIO any responsibility that of it could be derived.

Declarative, and for a reason or purpose merely nonlimiting, the Client will not realise activities by means of or through the contracted Services that suppose the infraction of the norms on telecommunications, intellectual property, industrial property, competition, unfair competition, publicity, protection of the rights to the honor, the personal and familiar privacy, the own image, the privacy, the protection of the personal data, the freedom of expression, the freedom of opinion, the freedom of information, or other rights of analogous nature. Also, the Client will not incorporate information that in no way attempt against child protection, youth and the woman, provide information or data that, in no way, can suppose a risk for the health or the physical or psychic integrity of third parts or imply a risk of damage in their goods, as well as, of which rights nor obligations of civil nature are not infringed, penal, generally administrative or of the nature that is.

3.4. CANCELLATION OF THE SERVICES

SISTEMIO reserves the right automatically to cancel, to suspend or to block the benefit of the contracted Service supposing that the Client had incurred anyone of the conducts described in the previous clause or any others of analogous meaning. It does not suppose, in no way, that SISTEMIO assumes obligation some to monitor the correct use of the Services that renders.

3.5. PERMANENCE COMMITMENT

The CLIENT will be able to terminate himself in the SERVICES by means of communication to SISTEMIO by any convincing means at any moment, with a minimum advance of two working days with respect to the date in which there is to provide effects. To this end the following will be understood by convincing means:

–      Telephone to number 96 619 05 29

–      Deprived area of client: https://secure.sistemio.com

Despite the previous thing, in those assumptions in which the CLIENT whom she asks for the loss had received from SISTEMIO a financial support (the amount of the received financial support will be agreed to with the CLIENT at the time of the hiring of the service) and, as a result of the same, the CLIENT would have accepted the commitment to maintain the tie SERVICE to the financial support during 12 months (in future, the permanence commitment), will have to pay to SISTEMIO a proportional amount to the received financial support and the number of days who has not respected his commitment of permanence, with respect to the period initially decided. The mentioned amount will be passed to the collection to the client in its invoice. The previous thing will be applicable also in the case of definitive suspension of the service.

The codes and description of the different promotions, as well as their respective financial supports derived from the permanence commitment, will be detailed at the time of the hiring of the service.

One inquires to the CLIENT into which the possibility exists of contracting the SERVICES without receiving financial support and, therefore, without permanence commitment.
4. Services of Hosting

4.1. RESOURCES. AVAILABILITY

SISTEMIO guarantees to the Client during the Period of Use the exclusive availability of the Assigned Area. During the Period of Use, the Client commits himself to maintain contracted the asked for capacity of storage. The Client will be able to ask for increases in the Area Assigned in accordance with the settled down terms, these increases will be invoiced to the Client in accordance with the effective Prices.

SISTEMIO guarantees the repair and/or substitution of the Resource in case this it does not fulfill the levels of agreed services, unless this breach is due to causes of Greater Force, or causes than are outside their control.

The Client shows to be conscious that the availability of the Services of Hosting will be able turns conditional by causes of diverse nature between which they include themselves, without limitation: (i) involuntary failures in the technological architecture of SISTEMIO, (b) periodic procedures of maintenance, repair, update or improvement of the same, as well as (c) causes of greater force or any others than was other people's to the control of SISTEMIO, between which they are included, without limitation, interruptions or failures in the connections of digital transmission or telecommunications, congestions in the joining points originated or caused by supposed of deliberate attacks or any other causes.

4.2. TURNED OVER OF THE CONTENT

SISTEMIO will provide the technical processes necessary so that the Client can to this end overturn the information in the Area Assigned in the assigned servers, as well as to carry out the modifications/opportune updates.

The Client guarantees that the information overturned to the technological architecture of SISTEMIO are free of any virus or elements of analogous meaning that when introducing itself surreptitiously in the memory of the Servers implies, once activated, the destruction or incapacitation, total or partisan, of the stored information or the physical elements that make possible this storage.

5. Other Services

SISTEMIO will be able to offer the hiring of Other Services. Except for express indication in opposite, each of these Services will be put under the present General Conditions and the own Characteristics of the Service that are to him own.

6. Hiring of packages on watch

SISTEMIO will be able to offer the hiring of Packages of Services. Each one of the Services that integrate it will regulate in accordance with the terms and conditions of which is of application.

7. Return and form of payment

7.1. RETURN

The Client, by virtue of this Contract commits himself to pay to every month the amount that turns out to apply the Prices specified for each Service by SISTEMIO.

When the Client registers in the Service, and the regularity chosen for the Service is monthly, SISTEMIO will invoice the three (3) first months in advance without the Client has right to return of this amount in case she wishes unilaterally to terminate the benefit of the contracted Services.

The Client commits to the payment of the Tax on the Added value or those taxes that, in agreement the Law, are applied on each one of the integral concepts of the Prices. The other taxes, wills, contributions, and loads that prevail corresponding to the business or because of same, are of exclusive account of each one of the parts according to the Law.

7.2. FORM OF PAYMENT

The payment of the Services contracted by the Client will be realised monthly, in advance within the first ten (10) days of every month. The payments will be always realised in Euros and the accepted forms of payment vary based on the product to contract. The Client commits himself to give instructions to the bank where is the checking account so that it takes care of receipts in the indicated term previously. The Client assumes all the expenses and banking commissions that take place as a result of the payment of the stipulated price.

7.3. SUPERCHARGE

If for whatever reason nonimputable to SISTEMIO, a receipt it were pending payment, SISTEMIO will have right to load a supercharge by expenses of procedure who will cover the banking expenses originated by such return and the cost of the administrative load that it originates in the countable department of SISTEMIO. If passed thirty (30) days, the receipt followed unphelp debt, SISTEMIO must right to cancel the account of the Client, suspending the benefit of the Services contracted in accordance with the established thing in following stipulation 8,2.

7.4. PENALTY

The delay in the payment of any Factura will give right SISTEMIO to apply to a delay interest superior in two points to the EURIBOR (or the index that replaces it) corresponding to the date of the payment from the moment of the breach to its effective satisfaction, it, notwithstanding the faculty of resolution decided in stipulation 8.3.1.

8. Duration and extinction

8.1. PERIOD OF USE

The Contract will in force enter the same day in which SISTEMIO communicates to the Client the acceptance of the request of Services, or since SISTEMIO comes to the activation of the contracted Service, being understood its duration with indefinite character. The Contract is understood tacitly renewed if the parts continue in the fulfillment of their contractual obligations.

8.2. ANTICIPATED COMPLETION OF THE CLIENT

The Client will be able to finish the present Contract by means of the notification in writing with at least ten (10) days before the date in which she wishes to finish the relation.

8.3. ANTICIPATED COMPLETION OF SISTEMIO

8.3.1. SISTEMIO will be able at any time to retire or to suspend and without needing previous warning the benefit of the contracted Services in case:
i. it considers fail to fulfill anyone of the terms established in the present Contract, being able to ask for the installment of the damages that could be irrogar as a result of their breach.

II. it has an effective knowledge of which the use that the Client of the contracted Services realises is illicit or of which it injures to goods or right of a third susceptible one of indemnification.

III. It receives a notification by which him report of which the use that the Client of the contracted Services realises can constitute a criminal activity according to the legislation of the country of origin of the emitter of the notification, irrespective of whether it constitutes or noncrime in accordance with the Spanish legislation.

IV. At the moment at which the Client communicates the resolution, SISTEMIO will issue the invoice by the amount that is.

8.3.2. SISTEMIO will be able to finish the present Contract by means of the notification to the electronic or by email postal Client at least twenty-five days ahead.

8.4. EXTINCTION

Also, and notwithstanding all the previous one, the Contract will finalize when some of the following causes concurs: (a) mutual agreement of the Parts; (b) serious breach by anyone of the Parts of anyone of the obligations derived from the Contract and (c) when anyone of the Parts initiates procedures of liquidation, bankruptcy or suspension of payments, or is obstructed their goods, of such luck that the other contracting Part runs imminent risk of seeing frustrated the object of this Contract.

9. Guarantees

The Client recognizes that the entrance in force of this Contract, does not suppose no type of representation, delegation, guarantee or other provisions different from specifically described for each one of the supplied Services.

10. Regime of responsibility

10.1. THIRD PARTS

The Client is the only person in charge against any claim or legal, judicial or extrajudicial action, initiated by third people as much against the Client as against SISTEMIO, regarding the infraction of rights of third parties and/or applicable norms that are derived from the illicit use of the contracted Services, assuming the Client whichever expenses, costs and indemnifications is irrogadas to SISTEMIO on the occasion of such legal claims or actions.

10.2. SERVICES

Safe in the cases of fraudulent action, SISTEMIO will not be responsible before the Client, nor before the Clients of this by any damage derived from these cases, including in the same: total losses or partial of the information, impossibility to accede to Internet, or impossibility to transmit or to receive information caused by delays or interruptions on watch, is or nonresponsibility or negligence of SISTEMIO.

SISTEMIO will not be in any case responsible for the damages, loss of business, income or benefits, emergent damage, dismissed profit, deterioration or destruction of information that could be derived from the benefit of the Services. Unless in the present Contract or the Law the opposite and exclusively with the measurement and extension prevails specifically in which he imposes it, SISTEMIO will only respond of the direct damages that the Client suffers, and only when they have been caused directly by SISTEMIO.

SISTEMIO will be exonerated of any type of responsibility in front of the Client, their Clients and third parties in the assumptions in that the anomalies are due to actions or omissions directly imputable to the Client, to their Clients, contractors, renters, representatives, assignees or employees or personnel who depend on her or is to their service, including which they are direct or indirect consequence of the evil use or the illegal manipulation of the Resources by personnel other people's to the Client of the lack of any permission as much for the installation as for the modifications of the technical characteristics of the installed equipment imputed or imputable to the Client.

SISTEMIO will not be responsible for the problems derived from the lack of access or the inherent problems to the connectivity when that one or these will have their origin in causes other people's to their control or causes that could not have been anticipated by the Parts or that were considered as causes of Greater Force in the terms of clause 12.

10.3. CONTENT

SISTEMIO takes part in the creation, transmission neither in the putting at the disposal of the Contents or of, stored, received spread, served, obtained, put to disposition, or accessible through or by means of the Resources, not exerting no previous test exercise nor guaranteeing legality, infallibility and utility of the same, declining any responsibility that of it could be derived. The Client exonerates to SISTEMIO of any responsibility related therefore to these Contents and/or Services.

Any Client who deposits information in the SISTEMIO servant, in the form of webpages, or of any other way, that allows the access of third parties, she will not become, by virtue of such act, in collaborating partner nor of SISTEMIO, but will be a disseminator or independent publisher of content. Due to connecting to the servant to the network, SISTEMIO does not become distributing publisher nor of the information deposited by the user in the SISTEMIO system, and therefore, this one does not assume responsibility some by the damage that these contents can cause to other users. The Client recognizes that the information to which can accede through Service of access is responsibility of that elaborates it. Consequently, SISTEMIO will not be responsible in any case and under any concept for the content of the information of third people to who the Client can accede, nor of the damages that the Client can undergo in virtue and this information of third parties, irrespective of whether the access to such information is realised through links, direct or consecutive, whose origin is in the SISTEMIO webpages. Also resources are considered that are outside the SISTEMIO control, among others, the following:

–        Programs, texts and data of the users

–        Own nonmoderate newsgroup of the servant

–        Newsgroup of other servers

–        Chats

–        Lists of distribution

–        Accounts FTP and telnet

SISTEMIO does not guarantee the absence of any other people's elements that can produce alterations in the teams and computer science applications of the Client or in electronic documents and files stored in or transmitted from the assigned Area.

SISTEMIO specifically declines any responsibilities in relation to the introduction in the teams and/or systems of the Client and/or in the Information of programs of computer or other people's materials that contain a sequence of instructions or indications that can cause injurious effects to the computer science system of the Client, including, for a reason or purpose merely declarative, “computer viruses”, “Trojan horses”, errors in the functionality and operativity (“bugs”), “pumps of time”, “cancelbots”, etc.

10.4. LIMITATION OF RESPONSIBILITY

In any case, the parts decide that the maximum amount of the responsibility that could be imputed to SISTEMIO under protection of the present Section will come dice by the total of the amounts phelp for benefit of services during the last year.

10.5. NOTIFICATION PROCEDURE

SISTEMIO will have a page or form in which any person affected by the activity of some of her Clients in the network, or by the information deposited in the servant administered by SISTEMIO, can communicate to the administrator of the system the origin of the acts or the information that consider illicit or immoral.

11. Greater force

SISTEMIO will not be responsible for the delays or failures that took place in the operation of their technological architecture, as well as either of the interruptions or evil operation of the contracted Services, when they have his origin in failures produced by natural catastrophes as earthquakes, floods, rays or fires, situations of greater force, emergency situations do not carry far such as civil wars, military operations, disturbances, strikes, lockouts or are outside their reasonable control.

To this end, the following elements are considered outside the reasonable control of SISTEMIO:

–      MODEM

–      System or computer science device of the user

–      Net PC or Web PC

–      Software of connection

–      Software of navigation

–      Applet, ActiveX controls and plugins of the navigation program

–      Virus

–      Public switched telephone network, TDSI, frame relay, cable, satellite and any other infrastructure of transport or telecommunications

12. Intellectual property

12.1. RECOGNITION OF THE OWNERSHIP

The Client recognizes the ownership of SISTEMIO with respect to all analogous rights of intellectual, industrial property or other rights on any elements, computer science technology, equipment, programs of computer, data base, know-how, brands, logo and any other element of his property.

12.2. USE LICENSE

During the use of the present Contract and exclusively for the benefit of the Services object of the same, SISTEMIO grants to the Client the not-exclusive and nontransferable right to use the Resources assigned to the only effects of the established one in the present Contract.

12.3. USE RESTRICTIONS

The technical or preparatory documentation, works, programs of computer or any other intellectual creation used by SISTEMIO for the benefit of the Services will be property of SISTEMIO or their respective holder. The benefit of the Services does not imply, therefore, transmission and/or cession some of any rights could fall on these creations in favor of the Client. The Client accepts and shows that with respect to these creations they exist or they can exist license terms that will have to accept and to respect in its integrity.

12.4. BACKUP COPY OF THE CONTENT

With the object of guaranteeing the aims of the present Contract, the Client authorizes to SISTEMIO to realise a backup copy of the Information given by the Client to SISTEMIO during the use of the present Contract.

13. Information and data processing

13.1. PERSONAL DATA

The tools that support the Services allow the Client to incorporate data and information according to their needs who, in some cases, will be data and subject information of Personal Character to the legislation on Protection of Personal Character data (Statutory law 15/1999, LOPDCP).

13.2. PERSON IN CHARGE OF THE FILE OR DE SU TREATMENT AND ORDERED DE SU TREATMENT

The Client declares and shows that she is the only person in charge of the File where the personal data as well as the one in charge of the treatment of those data are contained, every time it is only with capacity and the authority to decide on the purpose, content and use of the data and its treatment.

The Client declares and shows that SISTEMIO, as soon as providing technician of the Services, are responsible for the File or ordered of the Treatment of the personal data of the Client when not having neither capacity nor authority to decide on the purpose, content and use of the data and its treatment.

13.3. LOCATION OF THE FILE

The Services as well as the Files of the Client, lodge in servers, own of SISTEMIO.

SISTEMIO guarantees a service with the highest standards of quality and security, being able to accede to their policies and conditions of use in the direction: http://www.sistemio.com/contrato_SISTEMIO_hosting.pdf

13.4. ORIGIN OF THE DATA

The Client declares and she takes responsibility from which she has obtained, she collects and she will obtain the data that incorporate to the File of allowed form and, in particular, respecting the gathered thing in Law 15/1999, of 13 of December, Protection of Personal Character data, (LOPDCP).

SISTEMIO reserves the right precautionarily to cancel the Services contracted by the Client in the case that mediates denunciation or claim realised by affected third parties; and, definitively, in the case of firm sentence against the Client.

13.5. SISTEMIO OBLIGATIONS

SISTEMIO will exclusively have access to the incorporated Character data Personal in the File on behalf of the Client, person in charge and ordered of the treatment, with the only purpose of serving technical of lodging, committing itself to that its personnel and managers:

– They do not use, they reveal or they apply the Personal Character data with aims different from which is derived from the contracted service.

– They do not communicate neither they facilitate the access to the Personal Character data to any third party, with the exception of the technical personnel who cannot realise its work without having access to the same. Shelp personal one is, in any case, forced under contract to maintain the character of strict confidentiality.

– The Personal Character data stored or to any supports or documents destroy or eliminate in which these are gotten up to the conclusion of the treatment, or by express requirement and in writing of the Client.

The obligations contemplated here will be extinguished at the moment at which the Personal Character data completely have been erased or eliminated of the equipment of data storage.

Also, SISTEMIO is committed to adopt, to update and to maintain the organizational and technical measures that it considers necessary to guarantee the correct benefit of the Service by means of the opportune safety measures, preventing any alteration, loss, treatment, processing or nonauthorized access.

13.7. OBLIGATIONS AND RESPONSIBILITY OF THE CLIENT

The Client will be responsible for the evil use of his accounts of mail, or by negligence or an abusive use of the service, as well as of any breach derived from the obligations settled down in Law 15/1999, of 13 of December, Protection of Personal Character data, (LOPDCP).

Consequently, and before a possible home of activities by the Spanish Agency of Protection of Data, by virtue of the present document, the Client as Person in charge and Ordered of the Treatment of the Personal Data, assumes any contingency derived from a possible file initiated by the competent authority, obligation that will remain in force until the term of prescription of the infractions does not expire established by the LOPDP.

14. Collection of information

In order to adapt and to modify the Service, as well as to develop and to offer new services that adjust better to their preferences, SISTEMIO will use technological instruments or mechanisms that will allow the obtaining of statistical data. The data obtained through these mechanisms will not be associated to any personal character data.

15. Confidentiality

15.1. CONFIDENTIAL INFORMATION

The contracting Parts recognize that the information to that they have access by virtue of the present Contract and that is not spread to the public generally, it is and will be received with a strictly confidential character and it could only be used in accordance with the stipulated thing in the present Contract.

15.2. NONREVELATION

This Information, could not be revealed nor be used in form different from anticipated here without the previous consent in writing of the affected Part, safe in those cases in that this revelation prevails by legal or prescribed requirement that is outside the reasonable control of the contracting Parts. In particular, the Parts and who she stops will serve of labor nature or professional they assume strictest to have of confidentiality on all the information, confidential or no, technique, economic, financial, commercial, on mercantile relations between the Parts or these and third parties.

15.3. EXCEPTIONS

It will not have the consideration of Confidential Information: (i) the information that will be previously well-known by the receiving Part of allowed form and (II) the one that will be of public domain, understanding by so when it had been publication object or it was in writing clearly in public knowledge, whenever it is not imputable to the Part that reveals the information.

15.4. RETURN

The Client also commits himself to give back or to destroy these materials once finished his contractual relation with SISTEMIO. SISTEMIO reserves the right to ask damages the Client in case of breach.

15.5. DURATION

The forecasts of this Clause will remain in force during the use of this Contract and will survive their conclusion.

16. Modification of the conditions of the service and the conditions of the contract

16.1. GENERAL CONDITIONS

SISTEMIO will be able at any moment and without previous warning, to modify the present General Conditions, by means of the publication of these modifications in their website in order that they can be known by the users before processing the request of the hiring of the supplied Services.

16,2 CONDITIONS OF THE SERVICE

As long as the economic terms do not modify substantially nor the decided levels of benefit, SISTEMIO reserves the faculty unilaterally to modify and without previous warning the terms and conditions of the Service as a result of: (a) the technical evolution of the market; (b) any technical, functional and operative improvement that allows an improvement in the presentation of the Services; (c) to new economic and/or commercial circumstances that therefore they advise it or (d) of the evolution of the laws, regulations and norms of application to the benefit of the Services and/or connected aspects to the same (in the future, the “New Conditions”)

In the cases nonanticipated in the previous paragraph, SISTEMIO will communicate to the Client the New Conditions, in accordance with the established thing in stipulation 19. Supposing that, within the thirty (30) days after the notification of the New Conditions the Client rejects the same, the Contract will be finished automatically. The completion will be effective ten (10) days after the date in which its desire is notified to finish the relation.

Passed the mentioned term without the Client has showed the opposite in writing, it will be understood that this one subsequent to accepts the New Conditions being these of immediate application from the home of the first prorogation the acceptance of the New Conditions.

17. Notifications
All the notifications, requirements, agreements, consents, acceptances, approvals or communications that will be precise in accordance with the arranged thing in the present Contract or that, of a form or another form, will be related to the same, will have to be shaped in writing, and to be sent to the following addresses:

. SISTEMIO: To the facilitated postal mail in the form of discharge of the Service.

. The Client: To the e-mail or postcard facilitated in the form of discharge of the Service.

All the communications between the Parts regarding the operation and management of the contracted Services will be able to be realised by email electronic, by telephone or via fax.

18. Invalidity

If any stipulation of this Contract were declared null or without effect, wholly or partly, by any court, the remaining stipulations will conserve their validity, unless the Parts in mutual agreement decide the completion of the Contract.

19. Thoroughness

The pacts, Clauses and conditions that integrate the present Contract constitute the formal and definitive expression of the declaration of will of the Parts, having to interpret some by the other attributing doubtful to the sense that derives from the set of all. Any documents or declarations, would be these verbals or written, previous to the entrance in force of the same, they will be considered revoked definitively.

Except for stipulation in opposite, the present Contract could only be modified by a later contractual document, either in writing, or through average digitalises, as for example, the hiring Telematics online. In any case, it will correspond to the same, in common agreement, to determine the reach and effects of the modification at issue.

20. Resignation

The resignation by anyone of the Parts to exercise the rights that on the other attend in case of breach of some stipulation of this Contract Part to him not will be considered as it resigns to as much exercise them before any other breach of the same as of another stipulation. In any case, all resignation will have to take place properly in writing sealed by the Part renouncing person.

21. Cession to third parties. Sub-contracting

21,1 CESSION

The Client will be able to yield to third parties the present Contract, or anyone of the arising rights or obligations of the same, with the previous consent in writing of SISTEMIO. The Client will have the obligation, at least, to notify to SISTEMIO the cession of the Contract with an advance of fifteen (15) days to the effective date of such cession.

In the communication that realises the assigner to SISTEMIO the following data of the assignee will be due to specify: person of contact, telephone of contact and address with the object of banking notifications, and data. In any case, the Client who bristle its Contract will respond shared in common with the assignee of all the obligations derived from the Contract, including the formalization of the opportune guarantees.

SISTEMIO will be able to yield to third parties the present Contract, or anyone of the arising rights or obligations of the same without to this end it is necessary previous notification or communication to the Client.

21,2 SUB-CONTRACTING

SISTEMIO will be able to contract and/or to subcontract with third organizations everything what considers opportune in relation to the accomplishment by the same of any or all the necessary activities for the maintenance, update, improvement or benefit of the Services. These organizations could have the faculty to deactivate the Service and, consequently, to interrupt the access to the same.

22. Applicable legislation

The pacts and Clauses that integrate this Contract will be interpreted and prevailed by the Spanish Law. In particular, they will be of application to the present General Conditions the established thing in Law 7/1998 on General Conditions of Hiring, the Real Decreto 1906/1999 by whom the telephone or electronic hiring with developing general conditions of article 5,3 of Law 7/1998, 26/1984 is regulated Law General for the Defense of the Consumers and Users, Law 7/1996 of Arrangement of the Retail Commerce and whichever legal dispositions are from application.

23. Submission to arbitration

For any divergence arisen from the present Contract, both parts are put under specifically, and in resignation to their own charter, to the decision of the subject or raised litigation, by means of the institutional arbitration of ARBITEC, Spanish Association of Technological Arbitration, to which they entrust the administration of the arbitration and the designation of referees.

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