TERMS AND CONDITIONS
The following is the contractual document that will govern the contracting of the service through the web site www.fortiming.com, property of ENSYS CONSULTORES INFORMÁTICOS, S.L. (hereinafter, may be referred to as “the provider”). The acceptance of this document implies that the user:
Has read, understands and comprehends what is set forth herein.
That he/she is a person with sufficient capacity to contract.
That he/she assumes all the obligations set forth herein.
The present conditions shall be valid for an indefinite period of time and shall be applicable to all contracts made through the present website fortiming.com.
The provider reserves the right to modify unilaterally and without prior notice the present Conditions, without affecting the goods and/or promotions that were acquired prior to the modification. Given that the present conditions may undergo modifications, the user must read them before acquiring services on this website.
The words that may have different meanings will be understood in the one that is more in accordance with the nature and purpose of the contract. The reference language for the purposes of the contract shall be Spanish.
IDENTITY OF THE PARTIES
On the one hand, the supplier of the goods or services, which wants to hire or to be hired by the user is ENSYS CONSULTORES INFORMÁTICOS, S.L. with registered office at Barroeta Aldamar 3, 2º Derecha, 48001 Bilbao (Bizkaia) Spain with N.I.F. B48940027.
And on the other hand, the user, registered by means of a user name and password, for which he has full responsibility of use and custody, being the only responsible for the veracity of the personal data provided to the provider.
OBJECT OF THE CONTRACT
The purpose of this contract is to regulate the contractual relationship between the service provider and the user at the moment the user accepts the corresponding checkbox during the online contracting process.
The contractual relationship entails, in exchange for a determined price and publicly exposed through the web site, the contracting of the lease of use of the computer application for management and time control of commercial name Fortiming, and developed by the company Ensys.
This contract does not imply sale of the Fortiming software nor of any of the rights that the company Ensys holds over it, so that the user may not resell or transfer it to third parties, nor may he/she lease, rent or lend it.
The Provider hereby grants a worldwide, non-transferable and non-exclusive right to use the software application solely for its own internal business use subject to the terms and conditions of this Agreement. All rights not expressly granted are reserved to the Provider.
MINIMUM SYSTEM REQUIREMENTS
The Provider informs the User that the minimum system requirements to access the service are:
Windows Vista/7/8/10 operating system with .NET Framework 4.5.
At least 1 Gigabyte of RAM
Processor at 1,4 Ghz of speed
100 Mb of free Hard Disk
XGA 1024×768 resolution or higher
The user declares to know the technical specifications provided by the provider and also the user expressly declares to know that the user’s computer equipment has the capacity and meets the necessary requirements so that the Fortiming software can be used optimally, expressly exonerating Ensys from any problem that may arise in this regard.
The user is informed that part of the functionalities provided through the service provided, object of this contract, depend on the computer equipment used by the user, and the Internet connection available to the same, so that the provider does not guarantee the continuous and permanent availability of services.
The user can initially register for a basic account, where a series of features have been limited, which differentiate it from a PREMIUM account, which has all the features activated.
A basic account can be maintained indefinitely and is fully functional except for the following limitations:
Up to three users per company
Up to 10 cost centers or projects
Up to 2 scheduled reports
Other minor limitations
The provider reserves the right to decide, on a case-by-case basis, whether to extend or remove the current restrictions.
INTELLECTUAL AND INDUSTRIAL PROPERTY
The provider is the legitimate owner of the intellectual and industrial property rights relating to the products and services offered through this contract.
The ownership and all intellectual property rights of the software that can be downloaded and/or used through the fortiming.com website correspond to the provider. Said ownership is legally protected, and its reproduction, distribution, public communication and transformation is prohibited.
The name of the provider, its logo and the name of Fortiming as well as all trademarks, trade names or any other distinctive sign used in the scope of this contract are the property of the provider, or of their legitimate owners, and all rights over them are reserved.
The user may only contract and use the platform if he/she is of legal age.
In order to access the ForTiming service, the user must register with the ForTiming service by creating a user account through the website www.fortiming.com.
To create a user account, the user must freely and voluntarily provide the personal data that will be required and must accept these general terms and conditions.
The user will select a company name and an e-mail address, to which a user account activation e-mail will be sent. Once the account has been activated, the user will be provided with a password, with the commitment to make diligent use of the user name and password, and not to make them available to third parties, as well as to notify the provider of the loss or theft of the same or of possible access by an unauthorized third party.
The user undertakes to ensure the confidentiality of his/her user name and password. The provider is exempt from any liability arising from incorrect use or negligence on the part of the user in fulfilling his obligation of confidentiality.
The password may be freely modified by the user, through the procedures established for this purpose. The replaced password will be cancelled as a means of identification at the same time as the new one is generated.
Ensys reserves the right to block or cancel access to users who maintain debit balances or unpaid with the provider, as well as access to users who perform fraudulent acts or bad faith of the service provided through the web. In addition, access and use of the service may be blocked when the provider deems it necessary for security reasons.
Once the user account has been created, it is reported that in accordance with the requirements of Article 27 of Law 34/2002 of Services of the Information Society and Electronic Commerce, the contracting procedure will follow the following steps:
– You will be asked for the name of the company, together with an email address.
– You will be sent an e-mail with a link that you will have to access to confirm that this is your e-mail address.
– Subsequently, once the user’s identity has been verified, you will be sent an e-mail with your user name and password to access the service, and you will be provided with a link to download and install the software required to access the service.
– Once the software has been installed, a shortcut will appear on your desktop with the name ForTiming.
– In order to access the service you must run the application installed on your computer with the name “Fortiming”. The application will connect to the web service and from that first connection, the user has a BASIC account for an indefinite period of time.
– Once the service has been contracted, the user will be able to consult the contract formalized in this section of the web, although we recommend the user to print them for future reference.
– If, as a user, you enter any information incorrectly at the time of registration, you can change it by contacting our support at firstname.lastname@example.org.
DURATION OF THE CONTRACT
The term of this contract will be one year from the date of acceptance of the contract, with monthly, quarterly or annual billing. Once the initial term or any of its extensions has expired, if the client has not communicated expressly and in writing its desire not to renew the service at least thirty (30) calendar days prior to the expiration date, the contract will be renewed annually in a successive manner.
PAYMENT OF THE SERVICE
The BASIC account is free of charge and in order to have access to 100% of the functionalities without restrictions it is necessary to contract the PREMIUM account. Payment can be made by credit card or by direct debit.
The provider reserves the right to charge a surcharge of seven euros (7 €) in the event of a return of the direct debit bill, and to temporarily block the service provided in the event of any incident in the collection of the same and until the satisfactory resolution of the same and that the customer is up to date with the payment.
In the event of any non-payment, the provider reserves the right to suspend the service and terminate the contract, without prejudice to the fact that the client will be obliged to pay the provider the amount due together with the legal interest of the money, reserving the provider the possibility of claiming the corresponding compensation for damages caused if appropriate.
PAYMENT BY CREDIT CARD
All purchases can be paid by Visa®, Mastercard®, or American Express® credit card as well as by 4B, Maestro, or Visa Electron debit card. In any case, the choice of payment method is made during the purchase process on the corresponding screen.
The payment method for purchases made is by credit or debit card. The payment is secure through Banesto’s Virtual POS.
The card data is managed directly by Banesto, guaranteeing the user the proper and confidential management of their data.
Banesto Virtual POS uses SSL (Secure Socket Layer) technology with 128-bit encryption keys to ensure a secure transaction throughout the payment process by credit card. At no time do we have access to your card number.
The prices indicated for each service do not include Value Added Tax (VAT) or other taxes that may be applicable and in any case will be expressed in Euro currency (€).
For any information about the product, the user will have the following contact form: email@example.com
LIMITATION OF WARRANTIES
The provider shall not be liable for any damage resulting from the use or impossibility of use of the service and/or its contents.
In the event that any liability of the Provider is declared against the User, due to facts attributable to the Provider, the total liability of the Provider in connection with this contract or the subject matter of this contract shall be limited to an amount equal to half the price of this contract.
OWNERSHIP OF THE DATA
The provider undertakes not to use the information provided by the user for any other purpose not included in this contract.
In any case, the ownership of the information provided by the user corresponds exclusively to the user and will be treated as strictly confidential. Such information will not be disclosed without the express authorization of the user unless required by a judicial body or competent authority.
LOCATION OF THE SERVERS
For the provision of this service, it is reported that the management of the database and web services may be outsourced by the commercial entity Gigas Hosting, S.L.. The servers of this entity are physically located in the datacenter that this company has in Madrid (Spain) and Miami (USA).
Gigas Hosting has the necessary security and privacy mechanisms and guaranteed with the ISO27001 certification.
PROTECTION OF PERSONAL DATA
RESPONSIBLE FOR THE PROCESSING OF YOUR DATA.
Company Name: Ensys Consultores Informáticos, S.L. (Ensys)
Address: C/ BArroetal Aldamar 3, 2º derecha 48001, Bilbao, Bizkaia (Spain)
Telephone: +34 944239567
TAX ID: B48940027
Data Protection Officer (DPO): To contact the Ensys Data Protection Officer, please write to the following address: firstname.lastname@example.org or call +34 944239567.
PURPOSES OF PROCESSING.
Your personal data will be used for the generic purpose of the management and control of the contractual or business relationship established and, specifically for:
To manage the complete access and correct use of the Services by the users of the Services.
To communicate with users in response to incidents, requests, comments and questions you make to us through the Services or contact forms on our website (including chats or phone calls).
To provide, update, maintain and protect the Services, Websites and activities.
To provide new products, services, special offers or updates.
Communications: We may send you emails, messages and other communications regarding the Services, technical issues and changes to the Services. These communications are considered part of the Services and you may not opt out of them.
Commercial (Marketing) Communications: We may use your information to contact you, both electronically and non-electronically, to conduct surveys, to obtain your feedback on the service provided, and, occasionally, to notify you of changes, important service developments, offers and/or promotions. These commercial offers will be, in any case, authorized expressly and separately by the user, who can revoke at any time their consent to receive these notifications using the mechanism implemented for this purpose in the same, or by sending a letter with the subject “Unsubscribe” to email@example.com.
We will not treat your personal data for any other purpose beyond those described above unless it is imposed by law or there is any court requirement.
Retention period: The personal data provided will be retained and processed for as long as the service provision relationship is maintained, without prejudice to the possibility of exercising your right of deletion, in which case Ensys will block your data for as long as its legal obligations persist.
LEGITIMACY OF THE PROCESSING.
The legal basis for the processing of data is the legitimacy based on the consent of the data subject given for the purposes described above, which will be requested at the time of:
Proceeding to the registration as a user of ForTiming.
Requests for information that you send us require the interested party to voluntarily provide us with the necessary data to be able to attend you or provide you with the Services. The obligatory nature or need to provide such data will be marked with an asterisk (*) on the forms or sections corresponding to each service.
However, the interested party may freely refuse to provide us with such data or, subsequently, revoke the consent previously granted to process their data, although such refusal implies the impossibility for us to attend to their request or provide them with the service in question.
Likewise, we may process your data based on the legitimate interest of Ensys in maintaining and loyalty to its customers and / or users and better meet their expectations or interests previously expressed, eg: improve services and products, ensure security, prevent fraud, manage requests, queries or complaints, offer products and services similar to those contracted, report on promotions etc., without prejudice to compliance by Ensys of other obligations relating to the sending of commercial communications by electronic means.
Ensys understands that by providing this data, the person concerned guarantees and is responsible for the truthfulness, timeliness and accuracy of the same and expressly accepts and consents to its treatment for the purposes described above.
RECIPIENTS OF ASSIGNMENTS OR TRANSFERS.
All the transfers indicated below are necessary for the fulfillment of the aforementioned purposes, or are carried out in compliance with a legal obligation.
Personal data may be transferred to:
Public Administrations and the Administration of Justice.
Computer service providers.
RIGHTS OF THE PERSONS CONCERNED.
Any person has the right to obtain confirmation as to whether or not personal data concerning him/her are processed in Ensys. In particular, you can exercise the following rights before Ensys:
Right of access: allows the data subject to know and obtain information about their personal data undergoing processing.
Right of rectification: allows you to correct errors, modify data that prove to be inaccurate or incomplete and ensure the accuracy of the information undergoing processing.
Right of erasure: allows to request the deletion of the data being processed when they are no longer necessary for the execution or provision of the service.
Right of opposition: the right of the interested party not to carry out the processing of their personal data or to cease the processing, except for legitimate reasons or for the exercise or defense of possible claims, in which case we will keep them blocked for the corresponding period while legal obligations persist.
Right to oppose the sending of advertising: Interested parties may oppose the sending of commercial communications by Ensys. In that case you can revoke your consent to receive these notifications at any time using the mechanism implemented for that purpose in the same, or by sending a letter with the subject “Baja” to firstname.lastname@example.org.
Limitation of processing: In certain circumstances, interested parties may request the limitation of the processing of their data, in which case they will only be kept for the exercise or defense of claims.
Data portability: data subjects may request to receive the data concerning them that they have provided to us or – where technically possible – to have it sent to another data controller of their choice, in a structured, commonly used and machine-readable format.
Right not to be subject to automated individual decisions (including profiling): the right not to be subject to a decision based on automated processing that produces effects or significantly affects you.
Possibility of withdrawing consent: Likewise, the data subject has the right to withdraw at any time the consent given, without affecting the lawfulness of the processing based on the consent given at the time of providing us with your data.
This right may be exercised by sending an e-mail to: email@example.com,
or at the following address: (Ref.: Personal Data Protection), C/Barroeta Aldamar 3, 2 dcha. 48001 Bilbao (Vizcaya), Spain.
Security measures: We adopt the necessary data protection measures to prevent the loss of information, alteration of data, or access by unauthorized personnel to it.
ASSIGNMENT OF THE CONTRACT
Neither party may assign to a third party its position in this contract, and the rights and obligations arising from it without the express consent of the other party.
If any provision of this contract is declared null and void, in whole or in part by any court, the remaining provisions shall remain in full force and effect.
APPLICABLE LAW AND JURISDICTION
These terms and conditions shall be governed by or construed in accordance with Spanish law in all matters not expressly provided herein. The provider and the user agree to submit any dispute or discrepancy regarding the provision of the products covered by these Conditions, to the Courts and Tribunals of the user’s domicile. In the event that the user is domiciled outside Spain, the provider and the user expressly waive any other forum, submitting to the Courts and Tribunals of the city of Bilbao (Bizkaia) Spain.