This document establishes the General Conditions for contracting the services between NALANDA GLOBAL, S.A., with N.I.F. A82692617, with registered office at Proción Street, 7-América II Building, Entrance 4, 2 ° I, 28023, Madrid (hereinafter, “NALANDA”), and the natural or legal person requesting said services (hereinafter, “CLIENT” ), 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 governed by the observance of current regulations on data protection, provision of information society services, subcontracting laws, prevention of occupational risks and the law on the prevention of money laundering. Without being exhaustive:
- Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data and by which Directive 95/46 / EC is repealed.
- Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.
- Law 34/2002, of July 11, on services of the information society and electronic commerce.
- Law 10/2010, of April 28, on the prevention of money laundering and the financing of terrorism.
- Law 32/2006, of October 18, regulating subcontracting in the Construction Sector.
- Law 31/1995, of November 8, on the Prevention of Occupational Risks.
- Law 54/2003, of December 12, reforming the regulatory framework for Occupational Risk Prevention.
- Royal Decree 171/2004, of January 30, which develops article 24 of Law 31/1995, of November 8, on the Prevention of Occupational Risks, regarding the coordination of business activities.
An internal study has been carried out of the points where the aforementioned laws converge and procedures have been defined to guarantee orderly and rigorous compliance with all of them.
1. Obligations of NALANDA
1. NALANDA will provide the CLIENT with a Web Platform for the fulfilment of the contracted services, maintaining an adequate level of service, in accordance with the industry standards.
2. NALANDA will ensure the security of the data entered by the CLIENT on the Web Platform.
3. NALANDA will ensure compliance with all current legislation.
2. CLIENT´S obligations
1. Satisfy the corresponding annual economic consideration for each contracted service, among those provided by NALANDA through the Web Platform, in accordance with the rates and Particular Conditions established in the adhesion 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 that is the client’s responsibility, processed by NALANDA on behalf of the latter as the person in charge of treatment, has been carried out in accordance with current legislation and the conditions of the treatment order, obtaining the appropriate authorizations from natural persons, in case it was necessary.
4. Save the “user” and “password”, strictly personal and non-transferable, provided by NALANDA to the CLIENT, or to the Users designated by them ligently, preventing access by unauthorized third parties, ensuring confidentiality, as well as that of any other credentials provided.
6. Not to cause damages, damages or deterioration on the software, tools and / or contents that constitute the base of the Web Platform, and not to impede its normal operation.
NALANDA reserves the right to take legal action against fraudulent actions.
3.1. Applicability of this clause and definitions
The mere access to the Web Platform grants whoever performs it the condition of “visitor”. Therefore, we will refer to a visitor as the one who accesses and browses through the URLs made available by NALANDA, whether or not they are CLIENT and / or User. The visitor will be able to access and use those functionalities that are not restricted to CLIENT and / or User.
In general, any person who holds the status of active CLIENT and / or User has the possibility of accessing the content and functionalities made available to them by NALANDA, through the Web Platform, this being a Platform designed for use by part of the active CLIENT of NALANDA and the users that they create and designate. Therefore, the “User” is the person designated by the client who has access credentials to carry out the operations available through NALANDA.
3.2. Access to the Web Platform
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 they were applicable.
The visitor, CLIENT or User, declares that he has read, knows and understands this clause, and assumes all the obligations that apply to 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, CLIENT or User makes after the entry into force of the possible changes or modifications, will imply the acceptance of the same by the person who accesses.
3.3. License to use the Web Platform granted to Users and CLIENTS
NALANDA grants the active CLIENT, and the Users who create a license to access and use the Web Platform, limited exclusively to the use of the functionalities contracted or offered through the technological platform that it makes available, in accordance with these General Conditions and Particular Conditions.
Said license is granted in favor of the CLIENT and the Users on a non-exclusive, temporary, universal nature (without any geographical limitation) and in a non-sublicensable manner (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 allowed by the license regulated in this section, it is expressly prohibited for the visitors, the CLIENT and the Users of the Web Platform to carry out any act of reproduction, distribution, public communication or other forms of making provision, transformation and, in general, any form of exploitation of all or part of the contents that make up the Web Platform or which the user accesses from the Web Platform, unless authorized by their legitimate owners, expressly and granted in writing or in cases authorized by law.
3.4. Responsibility of the CLIENT in the use of the Web Platform as data controller
The CLIENT, and the User designated by the CLIENT, who has access to the NALANDA Web Platform is obliged to use the Web Platform, the tools offered in it and the functionalities offered through it, in accordance with current legislation and regulations, good faith, public order and generally accepted customs and practices.
Specifically, the CLIENT and the User who makes use of the platform and carries out the consultation, uploads and / or downloads of documents in which personal data of workers appear must ensure that they have the necessary legitimacy to carry out these operations.
Without the intention of being exhaustive, it will be the responsibility of the CLIENT to determine if, in accordance with current regulations on labor, subcontracting and coordination of business activities: (i) it has sufficient legitimacy to upload, download or carry out any treatment activity on documentation containing personal data of the employees themselves or of another client with whom they have some kind of relationship; (ii) the scope of the employees, or categories of employees, on whom it is legitimate to carry out processing operations and (iii) the time period during which it holds such legitimacy.
3.5. Liability of third parties, advertising and / or links
The Web Platform may host, temporarily or permanently, links, hyperlinks or similar technologies that redirect the visitor to other pages or websites managed by third parties.
If there are such links, their sole purpose will be to facilitate and allow the user access to content and / or services that may be of interest which, in any case, will be managed by third parties and not by NALANDA.
Thus, the owners of the pages or websites of destination of the links will be solely responsible for ensuring that the content hosted on them complies with all legal requirements that apply, and the Users who access the pages or sites websites to which these links are directed will be solely responsible for the legal relationships of any kind that they establish with the third parties responsible for the destination pages or websites.
In the event of such legal relationships, they will be understood to have been carried out in any case between the user and the third party and, therefore, in an external environment and outside of NALANDA, the user assuming under his exclusive and sole responsibility the damages and / or losses that they could be caused as a result of the use you make of the linked pages or websites.
NALANDA does not assume any responsibility, either direct or indirect, derived from the connections that could be made through the links, or from the contents to which they direct, nor does it guarantee technical availability, legality, veracity, usefulness, quality, reliability, accuracy, correctness or morality of the content, information or services accessed through said 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 an association, relationship or participation of NALANDA with the entities or third parties connected.
4. Economic consideration and duration
In order to use NALANDA’s services, the client must previously pay the fixed rate. NALANDA will issue an annual invoice in accordance with the conditions signed in the contract. Failure to pay within the required terms will lead to the interruption of access to the contracted services.
The contract will be in force from the moment it is signed and will last for one year. The contract will be automatically extended for periods of the same duration each time one year is completed, according to the current rates, subject to updating as the services and rates evolve.
The rates currently in force correspond to the review carried out at the beginning of 2021 and can be consulted at https://www.nalandaglobal.com/en/meet-our-price-list-and-packs.
5. Cancellation, modification and voluntary exclusion of services
Both parties may terminate or modify this contract with the sole obligation of prior notice in writing 30 days in advance. In the event of requesting the cancellation or modification, it must be sent in writing to email@example.com. If the withdrawal 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 CLIENT in that renewed year and the withdrawal will take effect the following year of renewal. Let it also be known that the CLIENT may exercise their right of withdrawal, leaving the contract without effect within a period of 14 calendar days from the conclusion of the contract. To request it, you must communicate it in writing to firstname.lastname@example.org. NALANDA issues and deposits all invoices within its website, in the billing service, available to customers. NALANDA is not responsible for the consultation, reception and accounting by the CUSTOMER of the invoices, which does not exempt them from their payment commitment. NALANDA reserves the right to keep the client’s data and documentation for a period of time, in case there is a need to review this documentation or provide it in any project / work.
- Use of access codes by different people.
- Reuse of NALANDA information in other sources or companies.
- Manipulation of documentation.
- Non-compliance with legal regulations (RGPD, LSSI, money laundering and prevention).
In the event that NALANDA detects or has knowledge 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 it makes available, which results illicit, inappropriate, fraudulent, contrary to current legislation and regulations or to these General Conditions and Particular Conditions, NALANDA reserves the right to deny access or use of the Web Platform to the / Users designated by the CLIENT as well as the possibility of cancel your CUSTOMER account.
The CLIENT and NALANDA, in accordance with article 34 of Royal Decree 19/2018 on payment services and other urgent measures in financial matters, agree that the direct debits will not be returned after 10 days have elapsed from the settlement of the direct debit. All expenses incurred by NALANDA 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 term of delay of said payment.
None of the contents of the Web Platform may be copied, transferred 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, parent company 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 said change in writing.
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 will not apply or use them for purposes other than those described in these General Conditions, the Particular Conditions or any another pact that had 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 in them 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 CUSTOMER has any indication that there is a security violation on the Web Platform, or that there is an inappropriate or prohibited use of the services provided by NALANDA through the Web Platform or the tools made available by NALANDA, or a security breach of any kind, you must reliably notify NALANDA immediately.
However, NALANDA implements the following security measures to guarantee the permanent confidentiality, integrity, availability and resilience of the treatment systems and services:
- 1. Organization chart and procedures for assigning functions.
- 2. Password management procedures, as well as media management.
- 3. Physical access controls to the facilities.
- 4. Making backup and backup copies.
- 5. Protection against computer threats.
- 6. Information destruction, secure development and change control protocols.
- 7. Procedures for managing incidents and security breaches.
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 unauthorized access attempt to it. In order to guarantee the confidentiality, integrity and individuality of User records, the system will request the password, by way of identification and authentication, prior to some of the functionalities made available on the Web Platform.
The password to access the Web Platform will have a length between 10 and 30 characters, of which at least one uppercase, one lowercase, one digit, one special character. This password cannot contain the user name, nor appear in the list of the 30,000 commonly used passwords. Password expiration is configurable.
The CLIENT will be the only and exclusive person responsible for the custody of their access codes to the system. NALANDA will not assume any responsibility, neither direct nor indirect, regarding the custody that the CLIENT, or the User designated by the CLIENT, carries out their identification or authentication codes, of the illegitimate intrusions that may occur in the CLIENT’s accounts, nor of the uses made of said keys by a third party, with or without the consent of the CLIENT.
9. Industrial and intellectual property
The CLIENT grants a license to use its brand in favor of NALANDA for its use on the Web Platform. Mentioned license is granted without exclusivity, on a universal basis for its dissemination through the Web Platform or other websites edited by NALANDA, during the duration of the contractual relationship established through these General Conditions and free of charge, without the right to any remuneration is generated in favor of the CLIENT (in its capacity as licensor).
On the other hand, all NALANDA software and content, including: graphic designs, “supplier coding structure”, logos, trade names, domain names, texts, animations, images, data, emails, telephones, as well as programs and functionality used are the property of Nalanda and are protected by national and international intellectual and industrial property laws. The USER may 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 capable of being protected by the regulations governing industrial and intellectual property) 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 current legislation and regulations.
The fact that the Web Platform makes assets and / or utilities protected by the regulatory norms of industrial and intellectual property available to the public will not allow understanding, in any case, that any license of exploitation is granted to the Users of the Web Platform with respect to them, either total or partial. Obtaining said license by Users will require prior, express and written authorization from the legitimate owners of the intangible asset in question.
The CLIENT and the User designated by the CLIENT undertake and expressly oblige to respect each and every one of the assets protected by industrial or intellectual property rights that are accessed through the Web Platform, 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 accessed through the Web Platform, except prior authorization, express and granted in writing, from the legitimate owners of the intangible asset in question. The fact of being a client is not considered as if the parties transferred any right, title or interest over any part of the intellectual / industrial property owned by them or by third parties.
Nalanda is exempt from any type of responsibility derived from the access of third parties to this information, provided that mentioned access is the result of deception, attack, fraudulent access or the like against Nalanda’s computer systems.
10. Data protection of the CLIENT’s personnel
11. Modifications in the General Conditions, in the Web Platform and suspension of the availability of the Web Platform
NALANDA reserves the right to modify the General Conditions contained in this document. These will be presumed 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 regarding 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 the 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, nor does it guarantee that access to the Web Platform will not be interrupted for technical reasons, nor that the content accessed by customers or Users , nor the software that serves as the basis of the Web Platform, are permanently free of errors.
Likewise, NALANDA reserves the right to temporarily or definitively suspend, and without prior notice, accessibility to the Web Platform either due to maintenance, repair, updating or improvement operations, or definitive suspension of availability and made available to the Web Platform, without prejudice to the service level agreements contractually reached between the CLIENT and NALANDA. In any case, 99% availability is guaranteed during business hours
For the purposes of making the appropriate notifications, NALANDA designates as contact email@example.com and the registered office at Proción Street, 7- Building América II Entrance 4, 2 ° I, 28023, Madrid.
On the part of the CLIENT, the person whose email address has been provided to Nalanda during the registration process on the Web Platform will be the one used by NALANDA for the purpose of notifying the CLIENT. The CLIENT is obliged to keep the email and contact person referenced in the contracting process duly updated.
The CLIENT carries out consultations and operations at his own risk and expense through the Web Platform and the tools made available to the CLIENT. NALANDA is not responsible for the result of said operations and inquiries made by any other means outside the Web Platform.
The CLIENT, by himself or by the Users who create on the Web Platform, will be solely and exclusively responsible for the use they make with respect to the tools made 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, clients and users of the Web Platform that is caused or could derive from unavailability, access failures , lack of continuity of the website, interferences, interruptions or blockages of service, omissions, deficiencies or overload of telephone lines or the Internet, breakdowns or disconnections of the system, as well as with respect to any damage or harm caused as a result of illegitimate interference on the Web Platform, whether in the form of malware, viruses, worms, Trojans, malicious code or any other similar figures. All this without prejudice to the stipulations that, in this sense, contain these General Conditions, the Particular Conditions or documents of a contractual nature signed between NALANDA and the client.
NALANDA will not be liable for lost profits or for any other damage that the CLIENT may suffer as a result of the success or failure of operations or consultations on the Web Platform. NALANDA will not assume any responsibility, whether 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 liability, whether direct or indirect, regarding any damage or harm, caused to the User or a third party, which is caused by misuse, intentional or not, that the CLIENT or The User makes the content, tools and utilities made available through the Web Platform, or due to non-observance of these General Conditions or Particular Conditions.
Likewise, NALANDA will not assume any responsibility, either direct or indirect, regarding any consequence, damage or harm, of any kind, 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 solely responsible for any claim, legal, judicial or extrajudicial action, initiated by third parties both against the CLIENT himself and against NALANDA, based on uses of the services contrary to the law and good faith.
14. Electronic invoice
By virtue of the provisions of Royal Decree 25/2013, which approves the Regulation that regulates billing obligations, the authorization to Nalanda to issue the electronic invoices that the CLIENT generates on the portal is expressly recognized.
In the event that the CLIENT receives electronic invoices through Nalanda, their expressly authorize all providers that use the issuance of invoices through Nalanda to do so electronically and authorizes Nalanda to manage the receipt of electronic invoices sent by anyone of the Portal Users. The CLIENT acknowledges that the identification system used in the portal allows verifying the acceptance of each invoice issued and accessing and consulting the electronic invoices made.
15. Applicable law and jurisdiction
Everything stipulated in these General Conditions will be governed and interpreted by the laws and regulations applicable in Spain. The parties, expressly waiving any other jurisdiction that may correspond to them, agree to submit them to the Courts and Tribunals of Madrid for the litigious discussion of any issue that may arise.
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