TERMS AND CONDITIONS
PRESENCE CONTROL AND PROJECTS TIME MANAGEMENT
LICENSE TERMS AND CONDITIONS, MAINTENANCE AND SUPPORT.
STUNDAGLAS – PRESENCE CONTROL
PRESENCE CONTROL AND PROJECTS TIME MANAGEMENT AS AN INTERNET SERVICE
PRODUCT LICENSE TERMS
STUNDAGLAS, will provide a service and the maintenance of the same to the CUSTOMER by accepting this Agreement under the following terms and conditions.
1.- BENEFITS DERIVED FROM CONTRACT
1.1 The purpose of the contract is that STUNDAGLAS will provide the use of the license of the Presence Control and Projects Time control to the customer, located on external servers, for the contracted number of employees of your company, and sending information obtained regarding this service, by email (or direct downloaded by the customer) to the address (s) supplied by the customer.
1.2 The number of available telephone service hours in maintenance (in case of having contracted telephone support), is 2 hours per month, limited in its affected period of validity, and specified in the particular hours of service conditions of this contract.
1.3 The modifications of the service, as well as the request for information not agreed in this contract, and for needs of the CLIENT, will be made, at the request of the CLIENT, and invoiced according to the cost of the hour at any moment, and will take place within the working hour of the Technical department of STUNDAGLAS.
1.4 Training and technical support will be provided via remote support. In case of intervention by STUNDAGLAS in the premises of the CLIENT, it will be done after agreement between the parties.
2.- SERVICE OBJECT OF THE CONTRACT
2.1 The license to use of the contracted service corresponds to the Presence Control and Projects Time management that allows to inform clock in and out through a web page hosted in our contracted external hosting, and to manage the clock in and out received by our Web STUNDAGLAS, and processes and calculates them to obtain Data of work times and absences of employees, and sends them to the CUSTOMER via email or downloaded directly through the web browser.
- Information of employees with missing clock in/out or days not informed.
- List of clock in/out of all the employees of the company
- List of hours of work, hours of excess, hours of defect, absences for all reasons, etc.
- On-line report of the situation of each employee.
- Report by screen of the days pending to justify of the employees, with possibility of sending this information by mail, pdf and Excel to all the employees registered in the application.
- Absenteeism Report of each employee's working hour and the percentage of this time.
- Geo-positioning report (1) of each clock in/out performed.
3.- COVERAGE FOR THE SERVICE
3.1 STUNDAGLAS will perform the services indicated in the Derivative capability clause, throughout the national and international territory from its assistance centers.
3.2 STUNDAGLAS will send the information resulting from the presence control and project marking indicated by the employees of the customer on the STUNDAGLAS website. This information in PDF, Excel or screen printed format will be sent to the email addresses indicated by the CLIENT.
In case the CUSTOMER does not have the resources to receive the information via e-mail, he must notify STUNDAGLAS, for later re-sending by other means.
4.- DURATION OF THE CONTRACT
4.1 This Agreement shall enter into force and shall be for the duration specified in the conditions indicated on the website, and shall be automatically renewed annually under the same conditions, unless notice is given by either party by certified mail, at least one month prior to the expiration date.
5.- TERMINATION OF CONTRACT
5.1 This Agreement may be terminated by either party at the end of the period set forth in the Particular Conditions, or at any time thereafter, provided that its cancellation is previously communicated in writing to the other party, one month in advance, being the effective termination from the last invoiced period, from the receipt of the same.
5.2 In the event of a breach by one of the parties of the obligations deriving from the contract, the other party may, by registered letter with acknowledgment of receipt, demand compliance with its obligations, giving it a reasonable period of time. Once this period has expired, if the defendant has not fulfilled its obligations, the other party may terminate the contract in its own right, without the need for any other legal formality.
5.3 STUNDAGLAS may terminate the contract in its entirety without any communication or legal formality in the following cases:
- When the payment obligations have not been fulfilled by the CUSTOMER.
6.- TERMS OF PAYMENT
6.1 The billing of the contract will be annual.
The payment method will be the one indicated by the Customer in the user area of the Control panel of the web, or if agreed and indicated in the conditions of the contract.
6.2 All service or delivery of material not covered by this contract, will be billed separately.
6.3 Any delay in payment will result in cancellation of the service.
6.4 Any modification added to the standard configuration of the service by the CUSTOMER, will give STUNDAGLAS the right to increase the amount of invoicing, communicating it in writing to the CUSTOMER. If within 30 days after notification, you have not expressed your agreement, the extension will be considered accepted by the CUSTOMER.
6.5 The prices stipulated in the contract will not be modified in the first twelve months of its validity. For the following periods, prices may be revised, according to the consumer price index for the National set established by the National Institute of Statistics.
7.- CONTACT WITH TECHNICAL SERVICE
7.1 The contact with technical service can be made by telephone, or through the control panel of the Administrator.
The response time of STUNDAGLAS technical service is 6 hours, during working hours.
STUNDAGLAS is not responsible for the malfunction of the contracted external servers that host the service, (being able to justify its interruptions). In case of a malfunction of the STUNDAGLAS website, the response time will be the one indicated, from the notice by the CLIENT to the intervention of the technical service of STUNDAGLAS.
8.- SERVICE HOURS
From Monday to Friday, 9:00 to 18:00
9.- LIMITATION OF LIABILITY
9.1 In no case shall STUNDAGLAS be liable for damages caused by breach of CLIENT's liability or for any indirect damages, such as loss of anticipated profits or savings, or for any claim that could be made by third parties, even if STUNDAGLAS had been noticed about the possibility of such damages, losses or claims.
STUNDAGLAS will not assume any responsibility if the inability to provide the services is due to force majeure (power surges by electric companies, lightning, vandalism, any natural disaster and the non availability of general contracted internet hosting services To other companies).
10.- PERFORMANCE NOT COVERED BY THIS AGREEMENT
10.1 All modifications made to the information, once sent by STUNDAGLAS to the CLIENT.
10.2 The damages caused by:
- Negligence, handling errors, and more generally of any relevant misuse of the CUSTOMER's liability.
- In any case of force majeure.
- From any damage done by CUSTOMER personnel and their work team in the STUNDAGLAS systems.
11.- WORKING CONDITIONS AND ACCESS TO FACILITIES
11.1 The personnel of STUNDAGLAS and any other person designated by the same, will have free access to the information sent by the CLIENT to the Web of STUNDAGLAS, in order to be able to provide corresponding service. Likewise, they will have free access to all information regarding employees, working hours and clock in/out, after reading this contract.
11.2 The CLIENT will make available to the staff of STUNDAGLAS, a contact to make the necessary consultations, modifications and adaptations for the correct operation of the service and the correct supply of data to the CLIENT. This person must act as System Administrator.
11.3 All technical documentation, as well as copies of technical reports delivered to the CLIENT, must be carefully kept by the latter in their offices, who will put them at the service of the representative of STUNDAGLAS at the time of any intervention.
11.4 The CUSTOMER shall also appoint a person responsible for signing the acceptance of the service report made by STUNDAGLAS.
11.5 If STUNDAGLAS considers it necessary for the good performance of the services object of this contract, or if it supposes that the origin of the failure of the equipment that it receives can be due to service or material installed in the devices of the CLIENT, the CLIENT must proceed in the shorter term possible to dismantle or uninstall such material or service.
11.6 The CUSTOMER shall provide the presence of a person with a sufficient degree of responsibility to ensure his / her stay with the STUNDAGLAS technician during the execution of the interventions or training courses, in particular those that are done outside of his / her working hours.
12.- LEGAL OBLIGATIONS
12.1 In compliance with article 12 of the Spanish Data Protection Act (Organic Law 15/1999 of December 13), the client, acting in the first instance as administrator of the service, will be responsible for the processing of the data and when it requires some Type of information to Stundaglas SL, Stundaglas SL will be expressly established As responsible for the treatment and will only treat the data according to the instructions of the controller.
12.2 STUNDAGLAS is committed to the safeguard and confidentiality of the data of the CLIENT and not to assign them to third parties under any circumstance other than to fulfill the conditions of this contract.
Complying with the data protection law. In accordance with Organic Law 15/1999 of December 13, Protection of Personal Data STUNDAGLAS, owner and person responsible for the website www.stundaglas.com, informs the user of this site of the existence of a Personal data file created by STUNDAGLAS and under its responsibility.
STUNDAGLAS maintains the levels of security of personal data protection in accordance with Royal Decree 994/1999, of June 11, concerning the security measures of the automated files containing personal data, and has established all the technical means to its Scope to prevent loss, misuse, alteration, unauthorized access and theft of the data that the user provides through the website.
12.3 In compliance with article 12 of the Data Protection Law of the Spanish Data Protection Agency, once the contractual service has been terminated, personal data will be destroyed
13.- GENERAL ISSUES
13.1 The rights and obligations resulting from this contract may not be transferred or transmitted to third parties without the prior consent of STUNDAGLAS.
13.2 Any intervention of STUNDAGLAS made by request or agreement of the CLIENT outside the working hours (from 9:00 a.m. to 6:00 p.m.) or those specified in the Particular Conditions of the maintenance contract, will result in a billing based on the Current rate.
13.3 It is understood that the CLIENT will safeguard all information or programs that may contain the equipment that he entrusts to STUNDAGLAS, who will not be responsible in any way for the specific content of the programs entrusted to them.
13.4 This contract may only be modified by an annex or written Contract, duly signed by authorized persons on behalf of the CLIENT and STUNDAGLAS, with no effect of any other variation of the terms and conditions thereof that may exist in any other order or written notification of the CLIENT.
13.5 The amounts indicated in this contract do not include any taxes or fees, since all that correspond will be reflected in the invoice (s).
13.6 The terms and conditions of this contract may be modified by STUNDAGLAS at any time, notifying the CLIENT in writing.
13.7 Both parties, with express waiver of the jurisdiction that may correspond to them, agree to submit all disputes that may arise in connection with this contract to the Courts and Tribunals of Barcelona.
13.8 The CLIENT acknowledges that you have read this agreement and agree to abide by its terms and conditions. The CLIENT further agrees that this agreement and its annexes are the total and exclusive declaration of the agreement between the parties, which supersedes any previous proposal or agreements, oral or written, as well as any communications between both parties relating to the object of this agreement contract.
The charges set forth in this Agreement shall include amounts equivalent to any taxes, regardless of their denomination, that tax such charges or are based on them, or in this Agreement, and / or services rendered in compliance thereto and including National, autonomous, local, privileged taxes levied on gross income, as well as any other taxes, duties or amounts that STUNDAGLAS has paid or must pay for previous concepts, excluding taxes that tax the net profit.
Either party may terminate this contract for breach of the other in any of its terms and conditions.
This Agreement shall be governed by Spanish Laws and both parties agree to submit to the Courts and Tribunals of BARCELONA any discrepancy that may arise in the interpretation and fulfillment thereof.