Terms and Conditions
This website, www.orderdata.com, as well as all its subdomains and all its content, including the services provided, belongs to ORDERDATA, S.L. (hereinafter, ORDERDATA, commercial name of the product and web owned by the company), with Tax number ES-B05436571 and registered office at C/ Ramon y Cajal 3, 5A, Palma de Mallorca). Registered in the Commercial Registry of Mallorca under Tomo: 2896, Folio: 201, Sheet: 90976, 1st Inscription.
Contact email: firstname.lastname@example.org
The present Terms and Conditions (TCs) are valid from the 1st of May of 2021 and will apply to the products acquired at the time that these conditions were available, with all provisions herein remaining in force until further notice of modification, update or termination is made to the users by the appropriate means.
These TCs refer to the booking, purchase and provision of services by ORDERDATA.
The person who acquires any of the services provided through the website www.orderdata.com or by any other means with ORDERDATA is considered a Customer and will be subject to the rights and obligations included herein.
The person who makes a purchase through the website, any of its subdomains or by any other means must be of legal age (at least 18 years old) and have the legal capacity to acquire the services and/or products offered by ORDERDATA in name of the Customer, meaning that he or she understands the general conditions in their entirety.
In accordance with the provisions of Article 27 of Law 34/2002, of 11 July, on Information Services and Ecommerce (“Ley 34/2002, de 11 de julio, de Servicios de la Sociedad de la Información y de Comercio Electrónico”), ORDERDATA states that:
- ORDERDATA: Accessible from www.orderdata.com and its other subdomains, it is the platform through which the User subscribes monthly to one or more instant communication channels with other users, including sending text messages, images and other multimedia content.
- TCs: Terms and Conditions which are included in the present contract and that are applicable, without any restriction or limitation, to all the Services provided by ORDERDATA.
- Customer: Any entity that purchases the Services of ORDERDATA (whether it was the paying entity or third party beneficiary).
- User Account: Basic services (Profile, Email) that allow the members or beneficiaries of the Customer’s organization to have an identity on the Web and to access his/her profile and the services offered by ORDERDATA.
- Web visitor: Any person visiting the main website www.orderdata.com.
- Services: Set of products and services available to Customers of ORDERDATA.
- Web Platform: Application in Web environment www.orderdata.com or any other subdomain of orderdata.com with name ORDERDATA.
- Party(ies): Refers to both ORDERDATA and the Customer.
- Order Form: Document signed by both parties that indicates the agreement and details the specific conditions of the contract.
NOTE: THESE are the general terms and conditions; the Customer agrees to read AND ACCEPT the specific conditions indicated in the contracting process.
Clause 1: Object and formation of the contract
The services of ORDERDATA are for Customers only, and its public website aims to provide Web visitors that are potential new Customers with information about services offered by ORDERDATA (data platform connecting several data sources and displaying the information in charts, dashboards and reports).
Web visitors who have not accepted the TCs can’t become Customers of ORDERDATA.
The language of this contract is English.
All data that may be gathered during the contractual process, including these TCs, are stored by ORDERDATA.
Additionally, during the subscription process to become a Customer, economic data will be requested, depending on the method of payment chosen to monthly charge the user for the user to have access to the services on the Web platform. Additionally, the data that will be requested by the Web platform will be basic identification data to create a User Account, such as first and last name, e-mail address and access passwor
Clause 2: Obligations and Responsibilities of the Customers
2.1. Obligations of the Customers
When purchasing the Services offered by ORDERDATA, the Customer agrees to:
- To have read and accepted the TCs and the Order Form.
- To take truthful and accurate statements.
- To comply with the regulations in force.
- To respect the rights of intellectual or industrial property.
- To provide the financial data to ensure the proper invoicing, payments and comply with tax obligations, guaranteeing the authenticity and veracity of the information provided and keeping it updated.
2.2. Responsibilities of the Customers
The Customers are the sole responsible party for the use of the data and actions taken based on the data they consult or request on the Web Platform.
The Customers agree to hold ORDERDATA harmless and, if applicable, compensate ORDERDATA for any sanction, fine, indemnification, damage or prejudice derived from any claim of the type or nature that could be derived, directly or indirectly, from the breach of legal and/or contractual obligations derived from the TCs and attributable to the User.
The Customers should fulfill the obligations to communicate to the people whose personal data is synchronized that ORDERDATA will be a data processor of the personal information owned by the Customer.
ORDERDATA does not control the data imported from external sites and sources. In this regard, Customers are invited to review that the information is properly synchronized.
ORDERDATA’S failure to disclose a breach by Customers of the TCs cannot be construed as a waiver by Customers of their right to disclose such a breach in the future.
Clause 3: Obligations and Responsibilities of ORDERDATA
3.1. Obligations of ORDERDATA
ORDERDATA agrees to offer an online Service to the Users which complies with current legislations.
3.2. Responsibilities of ORDERDATA
ORDERDATA does not have the technical and/or legal means to verify the accuracy of the data imported from external data sources and is not responsible for the accuracy or inaccuracy of such information.
In general, ORDERDATA is not responsible for any information or misinformation given by the users, nor for its truthfulness, authenticity or accuracy, given directly or through other means.
ORDERDATA can disable the subscriptions to communications of Customers who reject to receive them.
ORDERDATA does not guarantee that the Services will work in case of interruption of the user’s access to the Internet or in case of non-functioning or bad conditions of access caused by the poor connection or saturation of the Internet network as well as by any other reason of force majeure, not attributable to ORDERDATA or its providers.
3.3. Service level agreemeent (SLA)
The Web platform will be available at least 99% of the time. However, ORDERDATA is not responsible from failed data imports coming from changes or downtime in the technology of the third parties whose data is imported in the Web platform.
Clause 4: Pricing and payments
4.1. Conditions for the Customers
ORDERDATA offers its Customers a service by which they will access a data platform with information about their business.
Entities can acquire this service through a recurring monthly payment for the value indicated in the Order Form sent by ORDERDATA before the signature of the contract. ORDERDATA, may adjust after 12 months of service the fees indicated in the Order Form, on notice.
4.2. Fees and means of payment
The paid services will be duly invoiced for the Initial Set-up Period and on each monthly Renewal Term. The invoices shall be paid in the method and payment terms specified in the Order Form.
Clause 5: Duration
5.1. Contract duration and renewal
The duration of the contract will be one month from the date of subscription, extendable on a monthly basis until the Customer indicates otherwise and proceeds with the cancellation of the subscription with a prior notice of one month.
ORDERDATA may terminate all contracts without having to justify its decision as long as it notifies the Customer with a prior notice of three months. If the Customer doesn’t fulfill its obligations such as not being up-to-date with payments, ORDERDATA may terminate its contract immediately.
5.2. Access to the content
From the moment the user subscribes to the platform, the user will have access to the content during the period of the active subscription. These contents will be accessible only through the ORDERDATA’S Web platform.
ORDERDATA does not assume any responsibility in case of error in the introduction of the e-mail address or in case of not receiving the e-mail confirmation of the order.
5.3. End or modify the monthly subscription
The monthly subscription is automatically renewed unless it is canceled by an authorized person of the Customer via email to the main contact email specified in the Order Form.
Clause 6: Intellectual Property
6.1. Rights of ORDERDATA
The logos, graphics, photographs, animations, videos and texts that appear in the Web platform, material used for communication or marketing as well as all those elements necessary for the operation of the Web platform – architecture, design, code pages, CSS pages and any other element -, cannot be reproduced, used or represented, in any support and by any technical means without the express authorization of ORDERDATA; otherwise the appropriate legal actions will be initiated.
The rights of use granted by ORDERDATA to the users are strictly limited to their private and personal use within the framework of the contract signed and during its entire duration. Any other use by the Customer is strictly forbidden without the authorization of ORDERDATA.
Users are strictly forbidden to modify, copy, reproduce, download, disseminate, transmit, exploit for commercial purposes and/or distribute in any way the Services, the Web platform or the codes of the elements that make up the Services or the Web platform.
The contents of ORDERDATA are protected by the RDL 1/1996, of April 12, by which the Revised Text of the Law of Intellectual Property is approved and by the Law 23/2006, of July 7. Infringers of the rights recognized in favor of their owners or beneficiaries may be sued in accordance with Articles 138 to 141 of the Law and may be punished with the penalties indicated in Articles 270, 271 and 272 of the Penal Code. Total or partial reproduction by any means is prohibited.
Clause 7: Data Protection
7.1. Rights of the Customers and User accounts
Every user has the right to access, rectify, transfer, forget and delete his/her personal data by contacting ORDERDATA at the following e-mail address: email@example.com.
By accepting the contents of these TCs, the user gives ORDERDATA express consent to process the personal data provided.
The personal data obtained will be used exclusively by ORDERDATA within the framework of this contract. Users who accept these general terms and conditions may receive commercial and advertising offers from ORDERDATA and third parties. Users may notify ORDERDATA at any time that they no longer wish to receive such commercial and advertising offers through the system offered by ORDERDATA to unsubscribe, which will always be easy, accessible and free of charge.
7.2. Personal data collected by ORDERDATA
When becoming a Custostmer and registering the Web platform to visualize the data, the User must communicate a series of information in accordance with thosr TCs. Such personal data may be of a public or private nature. The following shall be considered as private personal data and, therefore, as protected data.
The following information must be provided by the Customer:
- Name of the person managing the account
- Entity legal name and ID
- Email address of the person managing the account
- Fiscal information entity for invoicing and fiscal purposes
- Bank details for payment purposes
The following information must be provided by each User account:
- Name of the person
- Email address of the person
- Position of the person
At any time you can exercise your rights of access, rectification, portability, deletion, opposition and, where appropriate, cancellation, by writing to ORDERDATA at firstname.lastname@example.org.
7.3. Communications and Notifications
Any communication submitted will be incorporated into ORDERDATA’s information systems.
By accepting these TCs and, in particular, by sending the personal data to ORDERDATA, the Customers or Web visitors expressly consent to ORDERDATA carrying out the following activities and/or actions, unless the Customer or Web visitor indicates otherwise when contracting or subscribing to any ORDERDATA product and/or service or as a result of a subsequent revocation of the consent initially given.
- Sending of commercial and/or promotional communications informing the Users of the activities, gifts, services, promotions, publicity, news, offers and other information about the services and products related to the activity and provision of services of ORDERDATA.
- In the event that the User has expressly consented to sending of commercial communications by electronic means by subscribing to the NEWSLETTER, the sending of said communications by electronic means informing the Users of the activities, services, promotions, publicity, news, offers and other information about ORDERDATA’s services and products that are the same or similar to those that were initially contracted or of interest to the User.
- Sending reports about data when the Customer explicitly asks for sending regularly the information.
- The conservation of the data during the periods of time foreseen in the applicable provisions.
Clause 8: Modification of the Terms and Conditions
ORDERDATA reserves the right to modify, at any time and without prior notice, these Terms and Conditions in order to adapt them to new legislation or jurisprudence as well as to modifications or practices in the economy or the sector, taking into account at all times the legitimate interests of the Users. The User must periodically consult these conditions, terms and policies in order to check or ensure the existence of modifications or changes to them, taking as a reference the date of the last update. This is without prejudice to the non-affectation of changes to contracts already signed. It should be noted that certain products offered to Users may contain their own particular contract conditions which, where appropriate, replace, modify and/or complement the Terms and Conditions, in which case it is also necessary to read and accept them beforehand.
Clause 9: Applicable Law
According to article 23 of Law 34/2002, of 11 July, contracts concluded by electronic means such as this one will be fully effective and provided for by the legal system, provided that the consent and other requirements for their validity are met. These terms and conditions are available to all ORDERDATA customers free of charge. Access to the contract process is completely free of charge, without any additional costs associated with it, apart from those incurred by the Client’s own Internet connection.
Clause 10: Jurisdiction
Any dispute in relation to the TCs will be dealt with by the Courts of Barcelona.
Clause 11: Partial Nullity
If any clause of the TCs is declared null and void by application of a law or regulation or by any competent authority, the said provision or clause shall be deemed not to have been made, and the contract shall continue in full force between the parties with respect to the other clauses, and shall be interpreted in accordance with the contractual intent expressed by the parties herein.