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GENERAL CONDITIONS

 

 1.  DEFINITIONS

 

 1.1 NETAMO SYSTEMS SL, CIF (VAT NUMBER) B-83120725, a Spanish company registered in the address Calle Zurbano, 45, Madrid 28010 SPAIN (hereinafter NETAMO SYSTEMS) is the developer and owner of the business information portal DATO CAPITAL.

 

 1.2 The user of the portal DATO CAPITAL (hereinafter CLIENT) includes any natural or legal person, association or other entity using the services and products offered by DATO CAPITAL

 

 1.3 The databases, any documents, any reports, either in electronic or otherwise, free or not, comprise what is called "The Information"

 

 2.  OBJECT

 

 2.1 To regulate contractually provision and delivery of the services and products of DATO CAPITAL to the Client through  Internet and / or any other physical or electronic.

 

 2.2 The delivery of a license to use the services, products and information from NETAMO SYSTEMS to the CUSTOMER.

 

 3.  LEGISLATION

 

 The General Conditions (hereinafter CONDITIONS) are subject to the provisions of the following Spanish laws: Law 7 / 1998 of 13 April, on General Conditions of Contract (BOE 04.14.1998), Law 26/1984 of July 19, General Counsel for the Defence of Consumers and Users (BOE 07/24/1984), Royal Decree 1906/1999, of 17 December 1999 which regulates  electronic and phone contracting with general conditions in the implementation of Article 5.3 of the Law 7 / 1998 of April 13, 1998, General Conditions of Contract,  Organic Law  15/1999, of December 13, Protection of Personal Data, Law 7 / 1996 of 15 January the Retail Trade, Law 34/2002 of 11 July (LSSI) and the CAN SPAM -Act of the Federal Trade Commission of the United States, and other existing dispositions

 

 4.  ACCESS PASSWORDS

 

 Access to information is done through  Internet network, being https://en.datocapital.com/ the website address.  To this end, the NETAMO SYSTEMS facilitate access codes strictly personal, confidential, non-transferable.  The CUSTOMER assumes it will take all necessary measures to preserve the confidentiality of these passwords and share them only with their employees (in the case of the CLIENT being a company), and no other person (in the case of the CLIENT being a natural person), the CLIENT will be liable of the damages caused to NETAMO SYSTEMS as a result of the use thereof by third parties.  If it were the case that the CLIENT become aware that their codes have lost their privacy, the CLIENT shall notify NETAMO SYSTEMS, who would provide new access codes.

 

 5.  LICENSE

 

 Information is owned by NETAMO SYSTEMS and is protected by the provisions of Spanish Royal Decree 1 / 1996 of April 12, by approving the revised text of the Intellectual Property Law.

 

By these TERMS, NETAMO SYSTEMS grants a right to use a non-exclusive, transferable on the information available to the CUSTOMER during the execution of the TERMS.  NETAMO SYSTEMS reserves the right to grant use rights over the information to any third party.  The CLIENT is strictly prohibited to transfer, assign, transfer, lease, sublicense, sell or in any other way, transmit, in whole or in part, the right to use these CONDITIONS

 

 The information being made available to the CLIENT for internal use, and informative, it can not under any circumstances, either in whole or in part, free or not, unless expressly authorized in writing by NETAMO SYSTEMS:

 

 -Communicate or disclose information to third parties except to employees of customers, only when necessary for the exercise of its functions, or make any other disposition of the Information, the CUSTOMER being solely responsible for the consequences that may result from such actions.

 

 -Store information in any database.

- Massive processing by electronic tools, computer, or mechanical.

 -Alter, transform or otherwise amend the information.

- Copy the information, to extend its ban on the copy of the same once transformed.  Notwithstanding the foregoing, it will be lawful reproduction is strictly necessary to use the information for the purposes provided in these CONDITIONS.

 -Remove or reusing all or part of the information communicated, subject to the provisions of existing legislation on Intellectual Property.

 -Use the information for the benefit of others or for the provision of services to third parties.

 -Request Information knowing that it will be used by others

 

 

 NETAMO SYSTEMS may, at its sole discretion, include in the information control systems that, without altering its essence, allows you to audit compliance with the terms and conditions set forth in these CONDITIONS.

 

 Notwithstanding the foregoing, the use right granted in respect of marketing databases or listings for an initial period of three months from the date on which each specific marketing database or listing is made available to the client unless both parties establish a different term at the time of your order.  After this period, the CLIENT must destroy or return any medium which contains the aforementioned marketing database or listing.

The CLIENT agrees to use information from lists or marketing databases, only to perform business tasks, promotion or marketing of their own business or professional activity. NETAMO SYSTEMS ensures that all data shown in the lists or databases come from publicly available sources, but the use and commercial exploitation and / or professional by the client of such data requires strict compliance with applicable laws on protection of data in all its aspects, and especially in the consent, and rights of correction and cancellation. The CLIENT warrants that complies with current legislation on data protection and ensures full compliance by it, its staff and associates of the obligations specified in these clauses. The assignment, transfer, subletting or use to meet the needs of others is strictly prohibited. The CLIENT agrees that the communications sent to individuals associated with companies can only be made insofar as they are of professional interest to the company in which those individuals work or provide services, banning commercial communications of exclusive interest to the individual . The CLIENT agrees to destroy data relating to individuals after three months from the delivery of the database or lists. This destruction will be permanent and irreversible, and can prevent harm to all parties for outdated information, since NETAMO SYSTEMS performs daily update of your files and databases, under the Data Protection Act. NETAMO SYSTEMS reserves the right to establish the necessary mechanisms for monitoring compliance with this obligation and the right to issue a new invoice for the amount of the database or customer list if it continues using the data after the term.

The CLIENT is responsible for the consequences for breach of these clauses, assuming, in the event of default, be responsible for the files and their processing in response to the legal obligations established by law for the protection of Data and Information Society, Telecommunications Law and other general corporate law affected, as well as damages that may arise against third parties and to NETAMO SYSTEMS for breach of obligations.

 

 Disposals of rights of use under  this clause  not involve the transfer of any rights derived from  Intellectual Property.

 

 The information provided refers only to the trade or business activities of the people in it included and therefore may only use this information in the business or professional person.

 

 6.  WARRANTY

 

 NETAMO SYSTEMS made significant efforts to ensure the accuracy, completeness and timeliness of the information.  However, due to the vast amount of records contained in databases NETAMO SYSTEMS which extracts the information and the origin of such diverse data, including that provided by the subject of the information, NETAMO SYSTEMS can’t guarantee the absolute correctness thereof.  The CLIENT agrees that, unless an express request, the information is not timely updated at the time it’s provided to the CLIENT, but regularly updated by NETAMO SYSTEMS including the date of the last update.

 In the case of detection of errors and inaccuracies in the Products and Services, the only obligation  the NETAMO SYSTEMS , after the necessary checks, will be apply the corrections in the Products and Services

 

 NETAMO SYSTEMS does not warrant the merchantability or accuracy for the content of the information for a particular purpose.  The Information shall not be used as unique source by the CLIENT for making decisions. NETAMO SYSTEMS Information is provided as a guide, as an additional source of information, so that customers may not claim any responsibility for damages resulting from decisions made solely on the basis of the information provided.

 

 NETAMO SYSTEMS is not responsible for damages or delays that could cause the incorrect operation of on-line connections driven by technical means, such as any hardware component, software or network required to allow access to Information.

Unless specified otherwise, DATO CAPITAL does not provide data about Spanish Companies dated before 1st January 1990, due to technical reasons. No requests for data about Spanish Companies before 1st January 1990 will be accepted, and no complaints will be processed. Regarding Spanish Tax Records, data will be always dated after 21st July 2011.

The SAMPLES of reports shown in DATO CAPITAL may include information not available in the reports requested by the CLIENT. The CLIENT accepts that every report is generated in real time including all the information available, and in each case the amount of information is variable. The reports requested by the CLIENT may include extra information not present in the samples.

 NETAMO SYSTEMS is not responsible for the corruption, alteration, or removal of parts or all of the information, once sent to the customer.

 All faults, failures, errors, computer viruses or any other problems in customer systems, will be CLIENT responsibility.

 NETAMO SYSTEMS Responsibility regarding damage caused by the fault or negligence, as well as damages and interest payments in case of lack of compliance is limited, so that in no case exceed the total price paid by the CUSTOMER as a result of these TERMS during the twelve months immediately preceding that in which the failure occurs.  In the case of claims for compensation for a breach prior to the course of twelve months from the date of entry into force of the conditions, it will reach the cumulative amount from the date of entry into force until the date on which the breach occurred .

 

 7.  DEADLINES AND DELIVERY TIMES

 

 The official delivery time for all the products and services in DATO CAPITAL is two business days. However, NETAMO SYSTEMS shall act in good faith to reduce this delay as possible, indicating the CUSTOMER the estimated delivery time of the products or services in case its sooner than the official deadline.

 

 When the Service implies to provide necessary information or material from the CLIENT to NETAMO SYSTEMS, the delivery obligations of the latter shall be suspended until such information or materials are supplied.

 

 7.1  FORCE MAJEURE

 

 In the event that NETAMO SYSTEMS needs products or services of third parties to deliver the information to the CLIENT, and these are not available within the official deadline, NETAMO SYSTEMS shall offer the CLIENT the possibility of extending the official deadline, or otherwise abort the transaction and get a refund of the amount. In case of Land Registry Extracts or Extended Land Registry Extracts, both of the Land Registry of Spain (Registro de la Propiedad), a 5 EUR (plus VAT) fee will be applied in case the information can not be delivered. When estimated delivery time is expressed in business hours, the business hours are in the period from Monday to Friday, from 09:00 to 17:00.

 

 

 8.  DATA PROTECTION

 

 NETAMO SYSTEMS guarantee the legitimacy of the sources used for the development of its services and products as well as the procedures and actions to their creation and the legality of the transfer of personal data in accordance with  Spanish Laws: Organic Law  15/1999, of December 13 for the Protection of Personal Data, the Law 34/2002 of 11 July (LSSI) and the CAN-SPAM Act of the Federal Trade Commission of the United States

 Data on companies are NOT PERSONAL DATA by the Data Protection Agency (article 2), and therefore are not subject to such laws.  NETAMO SYSTEMS reserves the right to publish all data on a company.

 

 9.  PROTECTION OF PERSONAL DATA

 

 The CLIENT and the contact person identified in the same are informed and expressly authorize the incorporation of their personal data obtained as a result of the relationship between the CLIENT and NETAMO SYSTEMS in a Personal Data Protection file registered with the Spanish Personal Data Protection Agency, whom owner is NETAMO SYSTEMS, for processing with the purpose of maintenance, development and control of that relationship. Purchase of NETAMO SYSTEMS products or services includes the subscription in an automatic monitoring system that will inform the CLIENT of changes in the subject of those products or services. This service is provided to inform the CLIENT about changes in companies, directors, or other related data shown at the website, and it can be cancelled anytime by the CLIENT.  Similarly, consent is made to NETAMO SYSTEMS to provide them with information by any means, including the sending of commercial communications via electronic means (email, etc..) Products and services on their own or other companies that best fit your particular profile, remaining in this act informed of this communication to the effects of the provisions of Article 27 of the Data Protection Act.

 

 The consent given by the signer is revocable and may exercise their rights of access, rectification, cancellation and opposition by writing to NETAMO SYSTEMS to: Calle Zurbano 45, 1, Madrid 28010 SPAIN or to the e-mail address info@datocapital.com

 

 10.  ECONOMIC CONDITIONS

 

 The price of the Information will be shown before every purchase of product or services, and it will be clearly specified if the price includes Value Added Tax (21%).

 In products or services without cost, such as offers or promotions, NETAMO SYSTEMS declines any warranty and/or responsibility about the data, and reserves the right to terminate the offer and/or promotion anytime

 

 10.1  PAYMENT METHODS

 

  • SPECIAL AGREEMENTS

     

     Clients with special conditions previously agreed with DATO CAPITAL and special password can pay via wire transfer (bank transfer) monthly. At the end of the current month, once the report consumption is finished and the invoice issued, the client has 7 days to make the transfer of the pending amount to DATO CAPITAL, unless different payment terms are stated in the special agreement.

     

     11.  INTELLECTUAL PROPERTY

     

     All intellectual property rights relating to the all the Products and Services, and General Information, belong to NETAMO SYSTEMS.

     Access to Information authorized and regulated by these Conditions shall not constitute transfer of any other rights arising from  Intellectual Property  thereof.

     

     12.  CONFIDENTIALITY

     

     Both sides maintain absolute confidentiality regarding the information obtained from the counterparty in performance these TERMS, moving their employees with access to this information with the said requirement.  The CLIENT is liable for any misuse or leakage occurring between its staff or any third party to which it has received the data.

     

     13.  UPDATES

     

     NETAMO SYSTEMS reserves the right to amend, extend or cancel any information contained in the products and services, adding new information and / or improve or modify the presentation of the service at any time, and introduce the necessary elements for the control of use.  The maintenance or repair of computer systems and transmission of data or other similar elements beyond the control of  the NETAMO SYSTEMS  May justify the modification or temporary suspension of service, reserving  the NETAMO SYSTEMS  the right to do at convenience.

     

     14.  SUBCONTRACTS

     

     NETAMO SYSTEMS reserves the right to subcontract to third parties in order to comply with the obligations of these  CONDITIONS.

     

     15.  NOTICES

     Any notices and communications to be made between the Parties shall be duly made if they are made in writing and sent to the addresses provided in these Terms, by any means allowing proof of receipt and content.

     

     16.  COOKIES

     

     For using our website, cookies are needed. The cookies used are session cookies, needed for technical purposes, to improve the navigation through our website, keeping temporary and transient data about your searches, if you wish you can configure your internet browser to be noticed about cookie reception, and to avoid cookie installation in your hard drive. Please refer to the instructions and manuals of your internet browser to find more information.

     

     17.  RIGHT OF WITHDRAWAL

     

     All the products and services of DATO CAPITAL are contracts based on information services, and so they are excluded in accordance with Article 102 of Spanish Royal Decree 1/2007 of 16 November, approving the revised text of the Law General for the Defence of Consumers and Users and other complementary laws, of the right of withdrawal to the received contents and information.

     

     18.  APPLICABLE LAW

     

     These Terms are governed by Spanish law. The parties submit, at their choice, to resolve conflicts and renouncing any other jurisdiction, to the courts of the CLIENT. Also, as a CONFIDENCE ONLINE endorsed entity, under the terms of its Code of Ethics, in case of disputes relating to the procurement of services and products, data protection, and accessibility, the user can go to an off the court settlement of disputes at CONFIDENCE ONLINE (www.confianzaonline.es).

     

     19.  ACCEPTANCE

     

     These Terms constitute a contract between NETAMO SYSTEMS and the customer.  The use of any product or service NETAMO SYSTEMS, whether free or not, constitutes an acceptance by the CLIENT of these CONDITIONS.

     

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