1.1 The following document lays down the Legal Notice and General Contracting Conditions (hereinafter referred to as the “T&C”) that shall become applicable to the user (hereinafter referred as to the “Customer”). Upon acceptance of these T&C the Customer is establishing a contractual relationship with the company Marketing and Billing Sollutions, SL. (hereinafter referred to as the “Service Provider” and/or “HAKA”), an entity duly incorporated in accordance with the applicable laws of the Kingdom of Spain, with registered address for notification purposes at calle C/ O ́Donnell,12, 2a planta, 28009, Madrid – Spain, with Tax Identification Number B02462158 and e-mail address firstname.lastname@example.org regarding the services to be rendered by the Service Provider (hereinafter, referred to as the “Services”) as detailed below.
2.2. Within the Website, the Service Provider may also make available to the Customer as part of the Services, certain bundles of Services (herein referred to as “Packages”) which may include different functionalities and features and which shall be subject to the settlement of an amount to be determined by the Service Provider for each of the Packages.
3.1. HAKA shall be the sole owner of the content of the website that will be accessible throughout the URL address www.haka.mobi (hereinafter referred to as the “Website”). Therefore the intellectual property rights arising from the Website include its written content, design, logos, texts, images, marks, databases, structure, audio files, software files, color combinations, and other elements, the structure, as well as the selection and arrangement of their contents and the source code used for programming the Website shall exclusively correspond in its entirety to the Service Provider.
3.2. All Intellectual Property which results from or is otherwise created pursuant to or for the purposes of the this Agreement, shall upon creation vest in and become property of the Service Provider. Likewise any other rights and authorizations related with the Services contracted, as well as the software needed for implementing and rendering the Services and the information obtained therein. To this effect, the Service Provider does not grant any right or license linked to the Services provided nor over the applications and software used for rendering the Services except the licenses needed in order to comply this T&C and temporarily while the Services remain in force.
3.3. The Service Provider grants to the Customer a royalty-free, irrevocable, world-wide, non-exclusive, perpetual personal licence provided that the Customer is in full compliance with its payments obligations during the execution of these T&C, where such Intellectual Property is embodied in, or attached to, the computer programs, hardware, software, website and equipment used in the provision of the Services or is otherwise necessarily related to the performance of the Services. Consequently the access to the Website and / or the Services shall not grant the Customer with an Intellectual Property Rights over the content hosted in the Website and the Services, nor particularly the Source Code, which will never become transferable under any circumstance. The Service Provider reserves the right to take legal actions against Customers and / or third parties who violate or infringe any intellectual or industrial property rights.
3.4. Moreover, the intellectual property rights on the Website include the written content of the same, its design, logos, texts, images, marks, databases, structure, audio files, software files, color combinations, and other elements, the structure, selection and arrangement of their contents, as well as the source code, being such elements protected in accordance with the Spanish and international legislation on copyright and trademarks. Any exploitation, distribution, reproduction, transformation, adaptation, translation, assignment, modification, public communication or any other form of exploitation or disclosure of all or part of the Website content in any form or by any means without prior written authorization from the Provider, is expressly prohibited, and the violation of these rights may result into judicial or civil or criminal legal proceedings as appropriate.
3.5. Any Customer or third party that considers that there has been a violation of their legitimate rights by the introduction of any specific content on the Website, shall notify this circumstance in writing to the Service Provider at the following e-mail address: email@example.com.
4.1. In accordance with these T&C the Customer must be an individual professional and entrepreneur or a company. If an individual, the Customer must be 18 years of age or older in order to access and use the Services. By accessing the Website and engaging the Services, the Customer acknowledges and agrees that it intends to use the Services exclusively for an entrepreneurial purpose and for its own productive processes, and that therefore is not acting as a consumer. Therefore, the laws and regulations regarding consumer protection that might apply in accordance with the Customer’s jurisdiction shall expressly be excluded from this contractual relationship. As a result, the Customer acknowledges and agrees that it has directly or through its representatives, full powers and authority in order to accept these T&C and the accuracy and authenticity of all the data and information provided and undertakes to immediately notify the Service Provider about any change or amended on the information provided within 15 days since the change takes place. If the Customer is a company, the physical person acting in its name and on its behalf warrants and represents to be duly empowered in order to act on behalf of the Company for accepting the Services and all the applicable T&C.
4.2. The Customer expressly declares his status, as an independent contractor with respect to the Service Provider in any way shall be altered by this contractual relationship. No provision of this Agreement creates an association, trust, partnership, or joint venture or imposes fiduciary duties, obligations, or liability between the Customer and the Service Provider. Neither Party may assign, transfer, charge, create a trust over or otherwise deal in its rights and/or obligations under the Agreement without the prior written consent of the other Party except that Service Provider or its Affiliates may without the consent of the Customer or its Affiliates assign or transfer the Agreement to Service Providers’ Affiliates. Neither Party will have any rights, power, or authority to act or create an obligation, express or implied, on behalf of another party except as specified in these T&C nor have any authority to act in the name or on behalf of or otherwise to bind or to create a liability against the other party in any way. In particular, the Customer is not authorized to appear as a partner, broker, agent or representative of the Service Provider, or have express or implied representation, to act on his behalf.
4.3. The Service Provider reserves the right to update, modify or delete information contained in the Website, as well as to limit or deny access to this information without notice. In particular, the Service Provider reserves the right to remove, limit or prevent access to their Website when technical difficulties or events beyond the Service Provider’s control that, at its entire discretion, might reduce or alter the security safety standards that have been adopted for the adequate performance of this Website.
4.4 In no event shall the Service Provider be liable for losses or damages of any kind arising from access and use of the Website, including, but not limited to those arising from the computer systems or ithe systems of the Customer. The Service Provider cannot guarantee nor cannot be made liable of certain facts and circumstances, included but not limited to: (i) for any damages that Customer might suffer as a result of an inadequate use or improper setting, or due to a virus, (ii) for any fails, interruptions, lack or failure of the telecommunication services; (iii) the information transmitted, stored or its exploitation; (iv) errors attributable to the Service providers; (v) Any use Illegal, negligent, fraudulent, impersonating another person or contrary to the content by a third party. In this context, the Customer agrees to adopt any measures needed in order to preserve and guarantee the confidentiality and secrecy of the Login and Password information, required to access the Services, which are personal and non-transferable under any circumstance. It is expressly forbidden any assignment of the login and password information to third parties unrelated to the Customer contracting the Services.
4.5. The Customer undertakes to use the Services in a lawful manner and also undertakes, as well as the Service Provider, to comply with any applicable laws, regulations, moral and public order. The Customers has to respect the above-mentioned regulations and specially is enforced to comply with applicable Intellectual and Industrial Property regulations, refrain from using the Services for unlawful purposes nor in any other way that might contravene the rights of the Service Provider or any third party rights-owners. The Customer will be sole only responsible of the damages or prejudices caused due to an eventual unlawful, incorrect or illegitimate use of the Services. In particular, and unless otherwise expressly agreed in written with the Service Provider, the resale of the Services, its reuse or integration in third-party services or products is expressly forbidden and, as a result, the Customer will always be considered as the final beneficiary of the Services provided
4.6. In case of breach of any the of the above mentioned obligations as stated in this clause or, in general, in the event of any breach of these T&C, the Service Provider reserves the right to suspend the Customer’s account temporarily or permanently and to proceed to the further cancellation and termination of all Services temporarily or permanently, at the Service Provider’s discretion. In addition to, the Service Provider shall be entitled to claim any pending monthly instalments agreed until the expiration of the contractual relationship, in accordance with clause 5 below, as well as any additional amounts related to the damages and prejudices caused by the Customer.
4.7. Any notice or communication required under this Agreement or any other message or communication that in general might need to be carried out by the Service Provider to the Customer in connection with the existing contractual relationship shall be, except where otherwise specifically provided, be made in writing and shall be deemed effectively made when delivered to the e-mail address provided by the Customer in the registration process. It is the Customer’s responsibility to keep such e-mail address updated at all times and to promptly notify any change thereof. On the other hand, any communication that the Customer needs to make to the Service Provider must be done to the following e-mail address firstname.lastname@example.org. Otherwise, the communication shall not be considered as validly or effectively made.
5.1. Access to and use of this Website is entirely voluntary and involves the attribution of the status of “Customer” and the full acceptance of all the provisions contained in these T&C from the moment of accessing to the same, whether registered or not on the Website. The Services will not be accessible if the Customer is not in arrears with the payment of the legally agreed payments, without prejudice of the trial period granted in accordance with clause 5.2 above.
5.2. The Service Provider may change at any time without notice the design, presentation and/or configuration of the Website, and any or all content. These terms are effective from the date of the last update. The Service Provider reserves the right to modify the same at any time and without notice, in which case these will enter into force upon publication in the Website and will apply to all Customers thereon. Therefore, the Service Provider recommends that Customers who may desire to enter and use the Website, read carefully the contents of these T&C on each access.
The content available in the Website, specially any informative and advertising reference to the Services, does not constitute a binding offer unless otherwise indicated as such. The Service Provider encourages Customers to carefully read the information available on the Website, in order to assess the prices and confirm the conditions and specifications of each Service in force, in every moment before initiating the contracting process.
5.4. Nonetheless, the Customer is allowed to link from its own websites the Website of the Service Provider provided that: (i) the owner of the linking website is clearly identified in its website, (ii) the link can only be addressed to the home page or without reproducing it in any way, (iii) registered marks of the Service Provider, or any other distinctive sign that would confuse over the property of the Website established in the link, are not used, and (iv) the pages or websites to through which the link is made must not attempt to morality, public order and decency, and must be respectful of the principles of non-discrimination and respect for human dignity, the protection of youth and childhood and, in general, all those which might be considered illegal or improper.
5.5. The Customer agrees to use the Services and contents that provides the Website in accordance with the applicable legislation, the principles of good faith and generally accepted uses, and to not contravene with his performance through the Website the public order or the provisions contained in this T&C. Therefore, it is prohibited any use with illegal purposes or that may impair or impede, damage and/or overburden, in any form, the normal use and operation of the Website, or that directly or indirectly infringe the same or against any third party
6.1. The Service Provider shall not guarantee and nor shall be made responsible, in any case or circumstance, of the following facts, events or situations, or for any damages that might be caused to the Customer in any of the following circumstances:
– Lack of availability, continuity, access, maintenance and effective operation of the Website and/or its services and update, as well as the accuracy, adequacy, completeness, relevance, timeliness and reliability of its contents, regardless of the cause and difficulties or technical problems or other in which those facts originate. The Service Provider shall at all times act in good faith and use its best efforts to minimize the impact of situations as described here. The information contained in the Website may be updated, modified or deleted without notice.
– Damage that may arise from the illegal or improper use of this Website. At the same time, the Service Provider is exempt from any liability for damages that may arise as a result of accessing, reproduction, acquisition and transmission of the content and services provided by third parties’ websites.
– Transmission and/or presence of viruses, other elements or programs harmful for Customers’ computers that may affect them, due to the access, use or test of the Website, or producing changes in their electronic documents or files.
– Any use Illegal, negligent, fraudulent, impersonating another person or contrary to the content of this T&C, to good faith, to generally accepted uses or to public order. – Breaches or violations of laws, usages or customs in force concerning intellectual property rights, industrial property, business or contractual secrets, rights to privacy, honor, image, property, publicity or competition, among others, belonging to third parties.
– Failure to comply, by third parties, their obligations or warranties arising or incurred in connection with the services provided to Customers through the Website, as well as for the lack of quality, reliability, suitability to the offer, legality, usefulness and availability of the services provided by third parties and made available to Customers on the Website.
The abovementioned list is merely informative and therefore the Service Provider expressly disclaims its responsibility in any other similar situations or events which might be out of the Service Provider’s control.
6.2. In any case, the Customer acknowledges and agrees that the total maximum liability to be assumed by Service Provider regarding the Customer for the Services provided and for any liability incurred or loss caused to the Customer shall be limited to the amount of three (3) monthly instalments, as long such loss is directly attributable to the Service Provider in accordance with the provisions set out on clause 7.1 above.
The interpretation or execution of this T&C shall be construed in accordance with Spanish law. Likewise, and in the case of any dispute arising between the Service Provider and the Customer regarding the present T&C, the parties, expressly waive any other jurisdiction or forum that may correspond and submit themselves to the exclusive jurisdiction of the judges and courts of the city of Madrid (Spain).
SPAIN C/ O’Donell 32 bajo C 28009 – Madrid – Phone: (+34) 913140041