This document establishes the General Conditions for contracting services between NALANDA GESTIONA, S.A., with N.I.F A82658030, or NALANDA GLOBAL, S.A., with N.I.F. A82692617, both with registered office at Calle Proción, 7- Edificio América II Portal 4, 2° I, 28023, Madrid (hereinafter, "NALANDA "), and the legal or legal person that requests said services (hereinafter, "CLIENTE "), according to the identification of the parties that appear in the Particular Conditions.
In the absence of other specific terms or conditions, these General Conditions will also apply to the technological tools, applications and devices made available by NALANDA for the provision of complementary services to the main service offered through the Web Platform.
Without prejudice to the terms specified below, the relationship between NALANDA and the CLIENT will be presided over by the observance of the regulations in force regarding data protection, provision u00F3n of services of the information society, subcontracting laws, prevention of labor risks and law of prevention of money laundering. Without exhaustiveness:
An internal study of the points where the aforementioned laws converge has been carried out and procedures have been defined that guarantee the orderly and rigorous compliance of all of them.
1. NALANDA will provide the CLIENT with a Web Platform for the execution of the contracted services, maintaining an adequate level of service, in accordance with the standards of the sector.
2. NALANDA will ensure the security of the data entered by the CLIENT in the Web Platform.
3. NALANDA will ensure compliance with all applicable legislation.
1. Satisfy the corresponding annual economic consideration for each service contracted, among those provided by NALANDA through the Web Platform, in accordance with the table of rates and Particular Conditions established in the contract.
2. Guarantee the veracity, accuracy and non-manipulation of the documents provided and data entered or sent to present in NALANDA and carry out as many updates as necessary, confirming that the documentation and data are correct and adequate.
3. Guarantee that the incorporation of personal data under the responsibility of the CLIENT, processed by NALANDA on behalf of him as the person in charge of treatment, has been carried out in accordance with current legislation and the conditions of the treatment request, obtaining the appropriate authorizations from the physical persons, if necessary.
4. Safeguard the "user" and "passwordña ", of a strictly personal and non-transferable nature, provided by NALANDA to the CLIENT, or to the Users it designates, with diligence, preventing access by unauthorized third parties, ensuring confidentiality, as well as any other credentials provided.
6. Not to cause damages, damages or deteriorations on the software, tools and / or contents that constitute the base of the Web Platform, and not to prevent its normal operation.
NALANDA reserves the right to take legal action against fraudulent actions.
Mere access to the Web Platform grants the person who performs it the condition of "visitor ". Therefore, we will refer to a visitor as one who accesses and navigates through the URLs made available by NALANDA, whether they have the status of CLIENT and / or User or not. The visitor will be able to access and use those functionalities that are not restricted to CLIENT and / or User.
The Web Platform has content, tools and utilities of restricted character, whose access is limited to Users designated by clients active in Nalanda services, after completing the hiring process. u00F3n thereof. The active CLIENT will be that client who is up to date with his payment obligations to NALANDA.
In general, any person who has the status of active CLIENT and / or User has the possibility of accessing the contents and functionalities made available to them by NALANDA, through és of the Web Platform, being this a Platform conceived for use by the active CLIENT of NALANDA and the users that they create and designate. Therefore, the "User " is that person designated by the client who has access credentials to carry out the operations available through NALANDA.
The simple access and navigation by the visitor of the Web Platform implies the express and unreserved acceptance by the visitor of the terms set forth in this clause. , as well as the CLIENT and the User designated by the CLIENT in the terms that may be applicable to it.
The visitor, CLIENT or User, declares that he has read, knows and understands this clause, and assumes all the obligations incumbent on him according to his specific condition, as a visitor , CLIENT or User of the Web Platform.
This clause will have an indefinite period of validity, as long as it is not modified. The access, use and navigation that the visitor, CUSTOMER or User makes after the entry into force of possible changes or modifications, will imply the acceptance of the same by the person who accesses it.
NALANDA grants the active CLIENT, and Users who create a license to access and use the Web Platform, limited exclusively to the use of the features contracted or offered through the technological platform that makes available to you, in accordance with these General Conditions and Particular Conditions.
Said license is granted in favor of the CLIENT and the Users with a non-exclusive, temporary character, with a universal character (without any geographical limitation) and in no way sub- licensable (except in those cases in which the sublicense in favor of a third party becomes necessary for the development of the contractual relationship between the CLIENT and NALANDA), with the sole purpose of enabling the development of the functionalities for which the Web platform has been conceived.
The aforementioned license does not imply, in any case, that the User acquires any right of ownership or ownership over the Web Platform, its contents or its utilities.
With the exception of the uses permitted by the license regulated in this section, the performance by visitors, the CLIENT and the Users of the Web Platform of any act of reproduction, distribution, public communication or other forms of making available, transformation and, in general, any form of exploitation of all or part of the contents that make up the Web Platform or to which the user accesses from the Web Platform, except with the authorization of their legitimate owners, express and granted in writing or in cases authorized by law.
The CLIENT, and the User designated by the CLIENT, who has access to the NALANDA Web Platform, undertakes to use the Web Platform, the tools offered on it and the functionalities offered through it. of it, in accordance with current legislation and regulations, good faith, public order and generally accepted uses and customs.
Specifically, the CLIENT and the User who make use of the platform and carry out the consultation, upload and / or download of documents in which personal data of workers appear must ensure that it has the necessary legitimacy to carry out these operations.
The CLIENT who, according to current regulations, holds the position of data controller regarding any of the data processing that may be carried out through the Web Platform, must á observe the obligations that the regulations impose on you as data controller.
Without exhaustiveness, it will be the CLIENT's responsibility to determine whether, in accordance with current labor regulations, subcontracting and coordination of business activities: (i) it holds Sufficient legitimacy to upload, download or carry out any processing activity on documentation that contains personal data of its own employees or of another client with whom it maintains some type of relationship; (ii) the scope of the employees, or categories of employees, over which it is legitimate to carry out treatment operations and (iii) the time period during which it has said legitimacy.
The Web Platform may temporarily or permanently host links, hyperlinks or similar technologies that redirect visitors to other pages or websites managed by third parties.
If such links exist, they will have the sole purpose of facilitating and allowing user access to content and / or services that may be of interest which, in any case, will be án managed by third parties and not by NALANDA.
Thus, the owners of the pages or destination websites of the links will be the only ones responsible for ensuring that the content hosted on them meets all the legal requirements that they are applicable to you, and the Users who access the pages or websites to which such links direct will be the only persons responsible for the legal relations of any kind that they establish with the third parties responsible for the pages or target websites.
In the event of such legal relationships, it will be understood that they have been carried out in any case between the user and the third party and, therefore, in an external and foreign sphere, the user assuming under your sole and sole responsibility, any damages and / or damages that may be caused as a result of the use you make of the linked pages or websites.
NALANDA assumes no responsibility, either direct or indirect, derived from the connections that may be made through the links, or from the content to which they direct, nor does it guarantee availability technique, legality, veracity, utility, quality, reliability, accuracy, correction or morality of the content, information or services accessed through these links, as long as they are not directly managed or controlled by NALANDA.
The inclusion of external links and connections will not imply, in any case, unless expressly stated otherwise, the existence of association, relationship or participation. ón de NALANDA with the entities or third parties connected.
To be able to use the services of NALANDA, the client must previously pay the fixed fee. NALANDA will issue an annual invoice in accordance with the conditions signed in the contract. Failure to pay within the required deadlines will lead to the interruption of access to the contracted services.
The contract will be in force from the moment of its signature and will have a duration of one year. The contract will be automatically extended for periods of equal duration each time a year is completed, according to the current rates, subject to updating as the services and rates evolve.
Both parties may terminate this contract with the sole obligation of prior notice in writing with 30 days in advance. In the event of requesting the withdrawal, it must be sent in writing to email@example.com. If the cancellation is notified after these 30 days, prior to the renewal, the contract renewal will be automatically generated and the invoice will be issued, with the obligation of payment by the CUSTOMER in that year renewed and the withdrawal will take effect the following year of renewal. NALANDA issues and deposits all invoices within its website, in the invoicing service, available to customers. NALANDA is not responsible for the consultation, reception and accounting by the CLIENT of the invoices, which does not exempt him from his commitment to pay. NALANDA reserves the right to keep the data and documentation of the client for a period, in case any need arises to review this documentation or provide it in any project / work.
In the event that NALANDA detects or becomes aware that a CLIENT, or a User designated by the CLIENT, is carrying out a use of the Web Platform, or of the contents, tools and utilities that the same makes available, that is illegal, inadequate, fraudulent, contrary to the current legislation and regulations or to these Conditions
The CLIENT and NALANDA, according to article 23 of Law 16/2003 on payment services, agree not to return the debits domiciled after 10 days have passed since the settlement of the direct debit. All the expenses that NALANDA incurs derived from returns of current receipts will be borne by the CLIENT. Failure to pay by the CLIENT, by any of the means of payment, will give rise to the obligation of a recovery cost from the date on which the non-payment occurs until the date on which it is fully complied with. depending on the delay period of said payment.
None of the contents of the Web Platform may be copied, assigned or exchanged to any other User, client or third party. The rights and obligations established in this document may not be assigned by any of the Parties. This prohibition includes any subsidiary company, parent, or any other company. As an exception, the relationship or the rights / obligations derived from it may be assigned to any entity resulting from a change in CIF, for which it must communicate in writing said change.
In addition, NALANDA will only treat such content in accordance with the instructions established with the CLIENTS through these general conditions and for the provision of the contracted services and not to apply or use them. á for purposes other than those described in these General Conditions, the Particular Conditions or any other agreement that has been reached.
NALANDA will use the means at its disposal to provide itself with the most advanced security systems that protect its systems and the data contained therein against deliberate attacks, malicious software and other threats. However, the CLIENT understands and accepts the aspects involved in the provision of services through the Internet given the open, decentralized and global nature of the network. For this reason, NALANDA cannot guarantee the impregnability of its security systems. If the CLIENT has any indication that there is a breach of security on the Web Platform, or that inappropriate or prohibited use of the services provided by NALANDA is taking place through the Web Platform or the tools made available by NALANDA, or a breach of security of any kind, you must promptly notify NALANDA accordingly.
However, NALANDA implements the following security measures to guarantee the permanent confidentiality, integrity, availability and resilience of treatment systems and services:
On the other hand, access to the functions of the Web Platform may require the introduction of user names and passwords to protect the account against any attempt to gain unauthorized access to it. In order to guarantee the confidentiality, integrity and individuality of the User records, the system will request the password, by way of identification and authentication, with character prior to some of the functionalities set to provision on the Web Platform.
The password for accessing the Web Platform will be between 10 and 30 characters long, of which at least one uppercase, one lowercase, one digit , a special character. This password cannot contain the username, nor appear in the list of the 30,000 commonly used passwords. The password expiration is configurable.
The CLIENT will be the only and sole responsible for the custody of their access codes to the system. NALANDA will not assume any responsibility, either direct or indirect, regarding the custody that the CLIENT, or the User designated by the CLIENT, makes of their identification keys or authentication, of the illegal interferences that could occur in the accounts of the CLIENT, nor of the uses made of said keys by a third party, with or without the consent of the CLIENT.
The CLIENT grants a license to use its brand in favor of NALANDA for its use on the Web Platform. Said license is granted without exclusivity, with a universal character for its diffusion through the Web Platform or other websites edited by NALANDA, during the duration of the contractual relationship established through the these General Conditions and free of charge, without generating the right to any remuneration in favor of the CLIENT (in their capacity as licensor).
On the other hand, all the software and content of NALANDA, including: graphic designs, vendor coding structure, logos, trade names, domain names, texts , animations, images, data, emails, phones, as well as the programs and functionality used are the property of Nalanda and are protected by national and international intellectual and industrial property laws. The USER will be able to adapt its internal coding structure to that defined by Nalanda, with the express written authorization of Nalanda.
All those intangible assets (intellectual works, content, information, videos or images, trademarks or distinctive signs and, in general, any asset that may be protected by the regulations governing industrial property and intellectual) made available to the public by the Web Platform and whose ownership does not belong to NALANDA, have been included in this site with the prior authorization of their legitimate owners and / or in compliance with the legislation and current regulations.
The fact that the Web Platform makes available to the public assets and / or utilities protected by the regulations governing industrial and intellectual property will not allow to understand, in any way In case, that the Users of the Web Platform are granted any exploitation license with respect to them, either in whole or in part. The obtaining of said license by the Users will require the prior, express, and written authorization of the legitimate holders of the intangible asset in question.
The CLIENT and the User designated by the CLIENT expressly undertake and obligate themselves to respect each and every one of the assets protected by industrial or intellectual property rights that they access through the Platform. Web, being expressly prohibited the realization by the user of the Web Platform of any act of reproduction, distribution, public communication, making available, transformation and, in general, of any form of exploitation of intangible assets, works or content that you access through the Web Platform, except with prior authorization, express and granted in writing, from the legitimate holders of the intangible asset that concerned. The fact of being a client is not considered as if the parties ceded any right, title or interest in any part of the intellectual / industrial property of their ownership or of third parties.
Nalanda is exempt from any type of responsibility derived from the access of third parties to this information, provided that such access is the result of deception, attack, fraudulent access or similar against computer systems. from Nalanda.
NALANDA reserves the right to modify the General Conditions contained in this document. These will be presumed to be accepted by the CLIENT, if the CLIENT does not initiate the procedures to unsubscribe from the service within thirty (30) days following the publication on the Internet.
NALANDA reserves the right to make, at any time and without prior notice, modifications, deletions or updates with respect to the information made available to the public through the Web platform, in its internal configuration or in its presentation.
Possible modifications may be motivated, among other reasons, by technical changes in the service provided through the Web Platform, changes in regulations or changes in the functionalities of the Web Platform.
NALANDA does not guarantee the uninterrupted availability, access and continuity of operation of the Web Platform, as well as that access to the Web Platform is not interrupted for technical reasons, Nor that the contents accessed by clients or Users, nor the software that serves as the basis for the Web Platform, are permanently error-free.
Likewise, NALANDA reserves the right to suspend temporarily or permanently, and without prior notice, accessibility to the Web Platform either for maintenance, repair, update or improvement operations. thereof, or the definitive suspension of the availability and availability of the Web Platform, without prejudice to the service level agreements reached contractually between the CLIENT and NALANDA. In any case, 99% availability is guaranteed during business hours.
In order to practice the appropriate notifications, NALANDA designates as contact info @nalandaglobal.com < / a > and the registered office at Calle Proción, 7- Edificio América II Portal 4, 2° I, 28023, Madrid.
On behalf of the CLIENT, the person whose contact email has been provided to Nalanda during the registration process on the Web Platform will be considered the person used by NALANDA for the purposes of practice CLIENT notifications. The CUSTOMER is obliged to keep the email and contact person that is referenced in the hiring process duly updated.
The CLIENT carries out consultations and operations through the Web Platform and the tools made available to the CLIENT at his own risk and expense. NALANDA is not responsible for the results of said operations and queries made by any other means outside the Web Platform.
The CLIENT, by himself or by the Users who believe in the Web Platform, will be responsible, in a unique and exclusive way, for the use he makes with respect to the tools set available through the Web Platform.
NALANDA will not assume any responsibility, either direct or indirect, within the limits established by current regulations, regarding any damage caused to visitors, customers and users of the Web Platform that is caused or could be derived from unavailability, access failures, lack of continuity of the website, interference, interruptions or blockages of service, omissions, deficiencies or overloading of telephone or Internet lines, breakdowns or system disconnections, as well as regarding any damage or harm caused as a result of illegal intrusions on the Web Platform, whether in the form of malware, viruses, worms, Trojans, malicious code or any other figures still álogas. All this without prejudice to the stipulations that, in this sense, contain these General Conditions, the Particular Conditions or contractual documents signed between NALANDA and the client.
NALANDA will not respond á for the lost profit or for any other damage that the CLIENT could suffer derived from the ésuccess or failure of the operations or queries on the Web Platform. NALANDA will not assume any responsibility, either direct or indirect, derived from the breach of obligations applicable to the CLIENT or the Users. Likewise, those responsible for NALANDA are excluded from any type of responsibility, whether direct or indirect, with respect to any damage or harm caused to the User or to a third party that is caused by the misuse, intentional or not, that the CLIENT or the User make the contents, tools and utilities made available through the Web Platform, or by non-observance of these General Conditions or Particular Conditions.
Likewise, NALANDA will not assume any responsibility, either direct or indirect, for any consequence, damage or harm, of any, that the CLIENT or the User may eventually suffer and that originates as a consequence of the access and / or use of the information made available to the public through the Web Platform.
The CLIENT will be the only person liable against any claim, legal, judicial or extrajudicial action, initiated by third parties both against the CLIENT himself and against NALANDA, based on uses of services contrary to law and good faith.
By virtue of the provisions of Royal Decree 25/2013, which approves the Regulation regulating billing obligations, expressly acknowledges the authorization to Nalanda to issue the electronic invoices that the CLIENT generates in the portal.
In the event that the CLIENT receives electronic invoices through Nalanda, he expressly authorizes all providers that use the issuance of invoices through Nalanda to do so electronic and authorizes Nalanda to manage the receipt of electronic invoices sent by any of the Portal Users. The CLIENT acknowledges that the identification system used in the portal allows to verify the acceptance of each invoice issued and to access and consult the electronic invoices made.
Everything stipulated in these General Conditions shall be governed by and construed by the applicable laws and regulations in Spain. The parties, with express waiver of any other jurisdiction that may correspond to them, agree to submit it to the Courts and Tribunals of Madrid for the litigious discussion of any matter that may arise.