Terms of service
Terms of service
1. The present terms and conditions expressly regulate the relations arising between 001TECH SL, hereinafter LABSMOBILE, and the users of their services, hereinafter THE CUSTOMER, notwithstanding any prior agreement that may exist between the parties.
2. The first access to the services implies the acceptance of all these conditions.
Clauses relating to the status of customer
1. For the purposes of this agreement, CUSTOMER is a physical person or legal entity, with a computing structure appropriate contracts with LABSMOBILE the use of the messaging services.
2. The condition of the subscriber is personal and not transferable, and may not be transferred to third parties without the prior and express consent of LABSMOBILE.
3. In the case of use of the service by third persons expressly authorized by LABSMOBILE, THE CUSTOMER must teach them properly about their use. In addition, THE CUSTOMER shall bear the costs of use, responding directly in front of LABSMOBILE of the improper use of the services.
Rights and obligations of the client
1. THE CUSTOMER shall have the right to the use of the services that expressly contracted through LABSMOBILE.
2. THE CUSTOMER is obligated to make the agreed payments according to the current rates with the corresponding VAT and within the agreed timeframes.
3. THE CLIENT agrees to the maintenance of your computer support necessary for the access to the services.
4. THE CUSTOMER is responsible for the proper use of the services, you expressly undertake to avoid any action that may cause harm to systems, equipment, or services accessible directly or indirectly through LABSMOBILE, including the congestion intentional links or systems, and in accordance with the rules contained in the present general conditions.
The hiring of the services of LABSMOBILE using the website (http://www.labsmobile.com) is supplemented with the following procedures:
1. Introduction of the identification data and CLIENT billing. In the event that the CUSTOMER is already pre-given high and the data displayed are not correct, you will have the possibility of contacting the Customer service for the correction of the same.
2nd. Payment for the services. It will activate a payment gateway (POS) using a credit card to make the payment of the credits to be desired.
3. Confirmation of purchase. An email will be sent at the address provided in step 1 confirmation of the purchase process.
4. Dispatch of the invoice. The first working day of the month following the purchase will be posted to the invoice in a file in pdf format.
Duration of the contract
1. This contract has a term of a minimum duration of ONE MONTH. Also will be automatically renewed for periods of the same time in the absence of written complaint with the advance of a month from any of the parties.
2. LABSMOBILE reserves the right to terminate this contract prior to its expiration for good cause, by giving notice prior to the subscriber with the minimum of ONE MONTH provided in the preceding paragraph. However, it shall not be necessary that advance communication in those cases in which, under these conditions, proceed in the automatic termination of this agreement.
Price, conditions and forms of payment
1. THE CLIENT agrees to the payment of the compost and the use of the services, whether made by himself, as a person authorized or not by him, according to the current rates, which declares to know and accept. These rates will increase in the percent corresponding to the applicable VAT.
2. Rates may be subject to review at any time by LABSMOBILE, that will be updated, and may be consulted at the website http://www.labsmobile.com.
3. The delay in payment will lead to the interruption of service while THE CUSTOMER does not rectify the situation. LABSMOBILE reserves the right to terminate this contract without notice if the payment is to shoot an editorial beyond 30 calendar days from the date of issuance of the invoice.
4. The lack of timely payment of any amount due by THE CLIENT, will have the effect of their incursion in arrears, with the prior written request of LABSMOBILE and bind the subscriber to the payment of interest for delay from the time that had to be paid up to the effective date of your payment.
5. The interest rate applicable to amounts due in respect of arrears shall be the EURIBOR at 30 days plus a margin of 0.5 percentage points if the delay in relation to the due date of the invoice is less than or equal to 30 days, and the EURIBOR for 30 days plus a margin of 2 percentage points if it is higher. It will be understood by EURIBOR, which is published in the Official Bulletin of the Bank of Spain for a period of a month the business day following the expiration date of the invoice.
6. If LABSMOBILE provide free services, these might be interrupted without prior notice, not having THE CUSTOMER is entitled to compensation for damages.
7. The payment of the services contracted by the CLIENT must be made in advance by direct debit to the credit card that is committed during the hiring process (VISA and Mastercard).
1. THE CUSTOMER shall have the right to use the services strictly hired, he is responsible for the content of the information transferred through the same.
2. LABSMOBILE grants the user a non-exclusive license to use its applications for personal use and own internal business purposes. The user may not commercially distribute, sublicense, resell or otherwise transfer in any case without the prior written consent of LABSMOBILE, or play with these purposes, the programs, or any modification or derivation thereof, either alone or in conjunction with any other product or program. In addition, the user may not modify the programs except for your personal use and own internal business purposes.
3. E-commerce law.- THE CUSTOMER agrees, in accordance with the provisions of articles 21 and 22 of the LAW OF SERVICES OF THE INFORMATION SOCIETY AND ELECTRONIC COMMERCE (LSSICE (Law nº 34/2002, of July 11 - published in official state gazette July 12, 2002) that may not use the services for sending bulk messages (SPAM, advertising messages, promotional or commercial) without the consent or authorization of each of your recipients, except that the coincidence of exceptions stipulated by law, as well as the sending of messages by its purpose or content can be considered to be contrary to law, morals, good customs or constituent of a crime or offence, and those that may damage the rights or the image of LABSMOBILE or third parties.
5. THE CUSTOMER must keep secret access codes and change them, if there is the assumption that third parties have known or know unduly the same. In this last case, LABSMOBILE is fully entitled to change these codes of access to the request OF the CLIENT.
6. If THE CLIENT fails to meet any of the conditions of use or your obligations. LABSMOBILE reserves the right to terminate your service immediately upon notice to the user that will be required to correct the cause of the defect so that the service can be restored. If THE CUSTOMER does not correct the defect within a period of 15 days, LABSMOBILE could be considered as cause for termination of the contract, with the obligation for the user to compensate for with the payment of the damages caused as a result of such defect.
7. It is prohibited to the redistribution of the services to any third party without the prior express written consent of LABSMOBILE.
1. LABSMOBILE will take care of the maintenance of the facilities necessary for the operation of the services with a technical team and suitable software.
2. LABSMOBILE does not exercise any control over the content of the information flowing through their networks.
3. LABSMOBILE reserves the right to expand or improve the services provided, without prior notice. In the same conditions LABSMOBILE reserves the right to change the media used for the provision of the service.
Maintenance of secrecy and data protection
1. LABSMOBILE informs the subscriber that the use of the services implies that the information attached to the message is electronically transmitted through the SMS gateway managed by LABSMOBILE, and is stored in a computerized registry, which can also be accessed by THE CLIENT by sending and receiving messages. The purpose of this registry is only in the follow-up and control, for the purposes of billing.
2. In compliance of the provisions of article 12 of the ORGANIC LAW 15/1999, of 13 December, of Protection of Personal Data (official state gazette, December 14, 1.999), LABSMOBILE informs the subscriber of express mode that your personal data will be part of a file owned by LABSMOBILE and undertakes to treat the personal information owned by the user only with the purpose, cited above, management of the billing of the services and to send you information related to the activity of LABSMOBILE and to implement the security measures required by Title VIII of ROYAL DECREE 1720/2007, of 21 December, which approves the Regulation implementing ORGANIC LAW 15/1999, of 13 December, of Protection of Personal Data (official state gazette January 19, 2008). Once the provision of the service between THE CLIENT and LABSMOBILE, the personal data will be deleted from the register.
3. EL CLIENTE podrá acceder, rectificar, cancelar y oponerse al tratamiento de sus datos dirigiéndose por escrito, adjuntando copia de su DNI, a LABSMOBILE, sito en C/ Mateu Ferran 6 - 08030 BARCELONA o por email a firstname.lastname@example.org.
Limitations of liability
1. THE CLIENT will be directly and personally responsible for any use of the application LabsMobile, under any circumstances, be considered 001TECH responsible for the use by CUSTOMER of the application.
2. LABSMOBILE is not responsible for the infringements of the legislation in force as a result of the improper use of the service to commit THE CLIENT. If LABSMOBILE detect the existence of any irregularity in the use of the service may terminate the contract without prior notice to the subscriber.
3. LABSMOBILE will not be responsible or liable, expressed or implied, of the suitability of the services it provides to the real needs of the CUSTOMER. Its inadequacy may not be a cause of termination or return of payment.
4. LABSMOBILE is not responsible for the interruption of service due to time constraints derived from the type of service subscribed to.
5. The responsibility of LABSMOBILE in any of the cases of non-compliance attributable to it will be limited to the amount of services rendered the subject of a complaint.
6. Given that LABSMOBILE depends on the services of third parties for the proper provision of her own LABSMOBILE declines all responsibility for damage or injury caused by the fault of those, accepting only those caused by a mismatch of the electronic means of support or to the negligent actions of its own employees, duly accredited.
7. Given that most of the facilities necessary for the proper functioning of the network depend on third-party companies, LABSMOBILE will not be responsible for the outcome of the service. This includes errors of routing, loss of information or data, delivery delays or interruptions of the services are not planned.
8. LABSMOBILE declines all responsibility regarding the quality, accuracy, reliability, correctness of the data, programs and information of any kind running on their networks. The content of such information is solely the responsibility of the subject to the exchange (sender and recipients).
9. LABSMOBILE not liable in the event of unauthorized use by a third party of the service.
10. LABSMOBILE will not be liable for damages or claims caused by the use of the platform LabsMobile both the CLIENT and third parties, including loss of profits or interruption of business or any other. 001TECH reserves the right to take any legal actions in respect of compensation and damages that THE CUSTOMER may be caused by a use of the application contrary to the existing legislation and the present General terms and Conditions.
1. Each provision of this agreement is valid in itself and shall not invalidate the rest. The invalid or incomplete may be replaced by other equivalent and valid by agreement of the parties.
2. For the settlement of any disputes arising from this contract, the parties submit to arbitration institutional Arbitration Court of Barcelona, which is charged with the designated arbitrator or arbitrators and the administration of the arbitration, agreeing now to comply with the arbitration decision.