Scope of Services
By using Tramita Online´s Services, Customers signify their agreement to be bound by these Service Conditions. Service Orders will include the scope of Works and will be ruled by theses Service Conditions, unless expressly excluded.
Services will be addressed to Customers, and it is forbidden the transfer/use of its content by third parties, unless Tramita Online expressly consents.
Validity
Service Conditions may be, totally or partially, modified upon new Conditions publication in www.tramitaonline.com Web Site, and/or upon any Customers’ notification. Service Conditions will be applicable as per terms published in the web site, being substituted by new Conditions upon their web site publication.
Fees and Expenses
Service fees will be applicable in accordance with Service Orders.
Unless agreed otherwise, Service fees will not include VAT, nor any other applicable tax in accordance with law.
Service fees do neither include reasonable expenses incurred by Tramita Online in the provision of services, unless expressly agreed otherwise.
External Services related to Notaries, Register, Taxes and/or Publications’ expense would be hired and paid directly by the Customer. Tramita Online may assume these payments in Customers’ name upon Customer’s request and effective prepayment.
Customer expressly authorize to use any deposit or prepayment amount to any pending Tramita Online’s fee whenever it becomes incurred, liquidated and effective.
In the case of Administrative Services, Customers may authorize Tramita Online in order to make effective payments for tax and/or payroll purposes. Customers will provide funds and/or bank access’s permits, executing any required documentation to make effective Tramita Online representation.
Invoicing and Payments
Tramita Online will issue invoices in accordance with Service Orders’ Conditions. Invoices payment will be paid upon delivery, in the absence of which Tramita Online will be entitled to claim for delayed payments’ interests.
In the case of Customers’ prepayments or advanced funds, Tramita Online will make the corresponding liquidation in each invoice and will reimburse any amount, if applicable.
Any Customer’s invoice inconvenience will be immediately and dully notified to Tramita Online, without prejudge to the obligation of making effective any other invoice amount.
Tramita Online will be entitled to suspend the provision of services in the case of the delay/lack of invoices’ payments or of any fund provision. Customers will not be authorized to claim for any damages and/or inconveniences derived from this break of responsibilities, including penalties incurred before tax authorities.
Responsibility
Tramita Online assumes full responsibility for the provision of Services and will be responsible before Customers for all damages derived from willful misconduct or gross negligence. Out of these cases, Customers will assume responsibilities derived from decisions taken under their own responsibility, having been advised by Tramita Online.
Tramita Online will not be responsible for any failure derived from events out of reasonable control, and/or damages incurred or caused, in full or part, as a consequence of false statements, dissimulation, or any Customers’ willful misconduct, maliciousness or gross negligence, neither for any third party claim based on the use of information or documentation delivered by the Customer.
Tramita Online responsibility will be limited to direct damages effectively caused to Customer (excluding revenue losses or loss of profit).
Confidentiality, Documentation and Data
Tramita Online will request Customers all the information and documentation required for the effective provision of services, and will save and store Client’s documentation in a digital database for electronic access and management. Customers consent the use of electronic devices to exchange and manage all information required for the provision of services.
Tramita Online will be committed to maintain confidentiality of all information and documentation delivered by Customers, that is not already published and/or known by the general public, implementing all the measures that are reasonably required so as to keep this information in secret. Confidential Information would not supplied to any third party unless Customers consents and/or it is requested by a competent Law Authority,
Nevertheless, Customers acknowledge and accept that (i) the nature of the internet cannot guarantee total security in communications (ii) security errors may occur in internet and (iii) any communication sent by internet may be copied and/or modified by an unauthorized person.
When Services are terminated, Tramita Online will deliver to Customers all documentation received following Customers’ guidelines. Customers authorize Tramita Online to keep a copy of this documentation under a confidentiality commitment.
Tramita Online does not assume any responsibility to keep any Customers’ documentation upon Service termination, being entitled to destroy any file without the need of any Customer’s consent. If Customer is interested in keeping a copy of his files under the custody of Tramita Online, Customer should require this custody service and will assume any cost derived from this requisition.
Unless expressly agreed in contrary, Tramita Online will be authorized to make it public the provision of services to Customers, keeping in secret all confidential information.
Personal Data Treatment
Upon the acceptance of any Service Order, Customers acknowledge that all personal data provided for this service purpose to Tramita Online will be included in a Private File owned by Tramita Online. This Personal Data File is managed in accordance with the Spanish Ley Orgánica 15/1999, 13 December, related to the Personal Data Protection, and Real Decreto 1720/2007, 21 December.
The aim of this Private File will be the execution, implementation, control and supervision of the Service provided by Tramita Online to Customers. In relation with this file content, Customers will be entitled to request access, modification, cancelation and rejection rights by sending an email request to clientes@tramitaonline.com, including customers identification and a copy of their identity card.
Tramita Online is committed to manage this Personal Data File in relation with the provision of services, following Customers guidelines. Tramita Online takes basic Security Measures to protect this Private File Content, unless the Customer expressly requires a highest Security protocol
Intelectual Property, Database and Communications
Any communication addressed to Tramita online will be emailed to clientes@tramitaonline.com. Customers should provide their emails in order receive communications.
Customers may transfer, access and use electronic files produced in the course of any Service. Tramita Online will provide to Customers access codes to enter in a digital database. The use of passwords will be limited to Customers and Customers will assume full responsibility for all activities that occur under their account or password, keeping Tramita Online indemnified in the event of any misuse, negligence or willful misconduct.
Tramita Online will be the owner of any Intellectual and/or Industrial Property Right related to any documentation produced in the course of any service, to any original idea created in the provision of services and to Web Site configuration.
Legal Compliance
Tramita Online is obliged to verify Customers’ identity, activities and transactions, in order to inform the Executive Office of Capital Launder Prevention (Servicio Ejecutivo de Prevención del Blanqueo de Capitales SEPBLAC) of any event and/or activity, even if attempt, in respect of which there would be any suspect or certainty of capital launder or terrorism financing. Tramita Online will refrain of working in any service related to these events or activities, in accordance with applicable law.
Customer undertakes to provide any required information, in full and verified, and authorize Tramita Online to make any due diligence in this respect. In the case Customers do not provide the necessary information, Tramita Online will not be able to provide any service and will not be responsible for any damages or inconveniences derived from the compliance of the applicable legislation.
Termination
Tramita Online may terminate any Service commitment in the event of breach of trust or based on ethical reasons, giving a notification in advance.
Customers may terminate any Service Order at any time with no reason given, but will be obliged to pay all outstanding fees and expenses incurred up to that notification date. At this same date, access to any database (extranet) will be cancelled.
Jurisdiction
Tramita Online and the Customer, expressly waiving their right of recourse to any other jurisdiction, hereby submit any dispute that may arise in relation with the provision and understanding of Services, to the jurisdiction of the Courts of Madrid (Spain).