General conditions of contract
1. Subject matter
These general conditions regulate the contracting procedure of software products offered by Tecalis Software, S.L. company (hereinafter "Tecalis") through its website: www.tecalis.com.
Particular features of each one of the services are described on the website. For the effective contracting of each service, the user must express through the Customer Portal prior acceptance of these general conditions together with the particular conditions corresponding to the selected service.
2. Scope of application
To contact our team please use the following contact details:
Tecalis Software S.L. (formerly Dexga Technologies S.L.)
Rúa Oliveira 96B, 15895 Ames (A Coruña), Spain
+34 91 10 10 700
Registered in Santiago de Compostela, volume 27, page 138, sheet SC-44.
The purpose of this website is to present and make available to users products and services offered by Tecalis, as indicated in the General Conditions of Use section. Tecalis products are offered on a monthly payment basis by contracting the corresponding Plan, being possible to test them free of charge for 7 days. Tecalis services - due to their characteristics - require a previous study and the issuance of a personalized quote by the company, upon whose acceptance by the customer will begin the service.
Tecalis products and services may be purchased by any natural or legal person, but prior registration in the Customer Portal is required. If the user is a natural person, in addition to these General Terms and Conditions also the regulations relating to the defense and protection of consumers and users shall apply. If the user is a legal entity, these General Terms and Conditions shall apply.
4. Contracting procedure
4.1.1 User registration
As indicated in the previous section, the registration of the user through the Customer Portal is an essential requirement for the contracting of the products and services offered by Tecalis through its web portal.
4.1.2 Acceptance of conditions
The user should be aware of the importance of reviewing and filling in all the fields requested when registering on the platform or contracting a product so that he/she can take advantage of possible discounts, promotions, or benefits offered on certain occasions and on a temporary basis. If the user detects that some kind of failure or error has occurred with his registration data or with any other element that affects his profile and that cannot be solved through the option "Edit profile", he should contact the Tecalis team through email at email@example.com to solve it. For legal reasons, Tecalis keeps all documents generated in the processes of registration and contracting of products electronically and is always in compliance with current regulations on personal data protection.
To be a user of Tecalis and contract the products and services offered through its web portal, the natural person must be of legal age, being this age of majority set at 18 years in Spain. Any contracting made by a minor will not be considered valid, with the exceptions stipulated by the corresponding legislation.
In the event that the contracting is carried out by a legal person, the representative expressly acknowledges that he/she has the necessary authority and/or power to contract our products and services, and is responsible for the consequences of non-compliance:
- that he/she is a person of legal age and capacity to contracting according to the Spanish legislation.
- that he/she has read and understood these General Contracting Conditions and other regulations applicable to contracting and formally accepts them.
The final price of the contracted products will be defined during the contracting process and, once the process is completed, a receipt will be sent by e-mail. Invoices for the contracted services will always be available in the "Billing" section of the Customer Portal. The final price of the services offered by Tecalis will be indicated in the final quotation accepted by the customer.
Tecalis products are provided through its Dashboard or by integration through an API. In both cases, a license fee is required. Tecalis reserves the right to modify the prices of the products and services offered through its web portal at any time, committing itself to maintain the rates in force indicated in the portal at the time of contracting the product and during the term stipulated in the purchase.
The indicated prices may vary depending on possible discounts, promotions or benefits offered on certain occasions and temporarily. In addition, these prices do not include VAT, which will be applicable taking into account the domicile or habitual residence of the recipient of the provision of the service, according to Law 28/2014 of 27 November, which amends - among others - Law 37/1992 of 28 December on Value Added Tax, and under the provisions of the rules of location introduced in Directive 2006/112/EC by Directive 2008/8/EC of 12 February 2008.
The user will always be informed, prior to contracting, of the corresponding amount to the VAT of the product that he/she wishes to contract and that will be reflected in the invoice.
7. Contracting procedure
The specific procedure for the use of the contracted products will be indicated in the specific contracting conditions. However, in general, the flow for the formalization of the contracting is as following:
The user may choose one of the plans offered or - in the case of a large company requiring a larger volume - request the sales department assistance for the creation of a specific plan. The user can purchase another product or service as well as change the contracted plan by using the options available in the Customer Portal.
8. Payment method
- Direct debit: the user must send the documentation proving the ownership of the designated bank account so that Tecalis can issue the direct debit order.
- Bank transfer: this is only applicable to very specific cases, so the user must contact the sales department to see if he/she can use this payment method.
- Virtual POS: the user must enter his data in the virtual POS of the Customer Portal. In doing so, he/she confirms that he/she is the holder of the card used or that he/she is authorized to carry out the transaction. Card payments are subject to the provisions of Law 16/2009 of November 13, 2009, on payment services, in particular concerning payment orders and the conditions for their revocation. This option is only available in certain countries.
The contract will not be taken into account and will not be processed until the payment has been authorized by the bank or cashier concerned.
Tecalis will issue the corresponding invoice once the purchase has been formalized and subsequently - in the case of a recurring product or service - during the first days of the month. The invoice will always include a breakdown of taxes, regardless of user type or location.
Cloud software development and digital strategy consulting services will have the duration agreed in the particular agreement between Tecalis and the user. The services shall be paid for in the manner agreed upon between the parties.
The products will always be provided for the term selected by the customer during the contract and will be paid for in the form selected. If the user unilaterally decides to terminate the signed contract without justified reason and before its expiration, Tecalis reserves the right to retain the amounts already collected so far as a penalty. The request for early termination of the contract by the user does not release the user from any outstanding payments.
At the end of the term stipulated in the contract, the renewal will be automatic. With the exception that, one month before the expiration date, either party expressly communicates to the other party its desire not to continue with the contract.
11. Terms of delivery
Once the contracting is completed, the user will be able to access the product or service purchased through the accesses enabled in the Dashboard of the Customer Portal.
If the user detects that the application has an error or any type of problem that he/she is unaware of, he/she should contact the Tecalis support department using the usual means of communication. The means of contact may vary depending on the type of contract and service.
13. User Responsibilities
The user agrees to:
a) pay the amount stipulated in the contract for the contracted product in the amount and forms stipulated in clauses 5, 6, 8, 9, and 10. b) to make good use of the contracted application platform, being obliged to use the products and services offered by Tecalis, through any means, in a lawful manner and without contravening the legislation in force or harming the rights and interests of third parties. c) to guarantee the truthfulness and accuracy of the data provided during the registration and contracting process, avoiding any prejudice to Tecalis due to its inaccuracy. d) to respect the conditions of the services and products detailed in the particular conditions. e) use your user profile diligently, making sure that it is not accessible by third parties. f) to inform Tecalis of any loss, theft, or access by unauthorized third parties to its profile so that Tecalis can carry out its blocking. g) not to misuse the platforms offered by Tecalis in any way, especially concerning the following points, without excluding others of a similar nature:
- Those that harm or violate the rights of minors. - Fraudulent activities or sending of viruses. - Adult or pornographic material. - Attacks on other websites.
Failure to comply with any of the conditions stipulated in this clause may mean the immediate withdrawal or cancellation of the user on the Customer Portal without the user having the right to request compensation. The cancellation of the user account of the Customer Portal entails the inaccessibility of the contracted products.
14. Responsibilities of Tecalis
Tecalis shall be responsible for:
a) providing the service in the manner and characteristics stipulated in this document and the particular conditions signed with the user. b) adopt the appropriate security measures with the utmost diligence, protecting the confidentiality of user data as provided in this document and other applicable legal policies. c) adopt the security measures attributable to it as Data Controller when appropriate. d) solve the problems that may arise, provided that they are exclusively due to a problem in its systems, collaborating with the user in everything necessary to achieve a rapid resolution of the incident.
By way of example and in no case limited, Tecalis will not be liable in the following circumstances:
a) abuse or misuse by the user of the information obtained through the products or services contracted from the company. b) damages or prejudices derived from the use of the information extracted from the products and services offered by Tecalis. c) processes not completed through the contracted products when the unsuccessful completion of the process is attributable to the user or any other participant other than Tecalis. d) delays, damages, or anomalies caused by actions carried out by the user, problems in the Internet network, force majeure, or any other unforeseeable contingency beyond the good faith of the company. e) errors or damages caused by negligence or bad faith in the use of the products and services offered by Tecalis by the user. f) non-operability or problems in the elements that the user or its customers use or need to carry out the contracting process. g) failures or incidents in communications involving the loss or deletion of unfinished processes due to network failures or other types of incidents for which Tecalis is not directly responsible. In these cases, Tecalis also cannot guarantee that the platforms are constantly operational, exempting itself from any damage caused. h) damages caused by the user or third parties to the web portal. i) processing of data that have not been previously informed or for which no measures have been taken when the responsible party is a third party. This point refers to cases in which Tecalis acts as a data processor and must comply with the inherent obligations and responsibilities. In situations where the user has not acted diligently and/or has taken advantage of the functionalities of the platforms made available by Tecalis to cause damage, Tecalis reserves the right to suspend the user's access to the Customer Portal at its discretion and without prior notice, either temporarily or permanently.
Tecalis will cooperate with the competent authorities whenever an incident occurs concerning its platforms, even if it is not under its responsibility, provided that they give rise to unlawful activities.
15. Intellectual Property
Tecalis is the owner of all products offered on its website, these have been developed entirely by the company, including but not limited to code, databases, architecture, trademarks, and logos, and only allows their use under a license agreement.
The reproduction, transformation, distribution, communication, sale, making available, or any other use of the products offered that is different from those defined in the general and particular conditions of contract and those expressly authorized by Tecalis is prohibited.
16. Image rights
By accepting these general conditions, the user accepts and authorizes Tecalis to use his data and corporate image (logo) as a customer of Tecalis in promotional activities that aim to present and/or promote its products and services to third parties through different media such as the web portal, blog, social networks or other electronic media, always safeguarding the right to honor and image of the user. This does not imply the transfer of the user's trademark.
17. Social networks
This document is originally published in Spanish and in the event of any difference, disagreement, or incompatibility between it and any published translation, the provisions of this version shall prevail.
Tecalis reserves the right to make, whenever convenient or necessary, all modifications and updates of the information contained in this document, both in the Spanish version and in the other languages.
The modifications will be communicated and notified to the user through a notification in the Customer Portal, guaranteeing the principles of publicity and transparency, as well as the rights of consumers and users.
If one of the clauses of these General Terms and Conditions is declared null and void, Tecalis will proceed to its elimination, all other clauses remaining in force following the principle of goodwill between the parties.
The waiver of Tecalis to exercise any of the rights conferred in this document does not imply, in any case, the waiver of such rights unless Tecalis expressly waives them.
21. Applicable law and jurisdiction
These Conditions are governed by Spanish law. In the event of any dispute or conflict of interpretation of the terms that make up these Conditions, as well as any question related to the products and services presented on the Portal, Spanish law shall be applicable. Specifically, Article 29 of Law 34/2002, of July 11, 2002, on information society services and electronic commerce.
The competent courts for the resolution of conflicts shall be those of A Coruña unless the user is a natural person, in which case the competent court shall be the one corresponding to his/her habitual residence.
23. Cancellation of service
If the user wishes to proceed with the cancellation of a contracted product or service and meets the conditions stipulated in clause 10 of this document, he/she must contact the Tecalis support or billing team. This department will provide the customer with a pre-completed cancellation form for the customer to sign and send it by e-mail to the relevant department.