Terms & Conditions
This SERVICE PROVISION AGREEMENT regulates the use of the Services provided by NODISEA – IMMIGRATION LAWYERS (WWW.NODISEA.COM), hereinafter, NODISEA.
By contracting any of the NODISEA Services, the Client acknowledges and agrees to register in the terms and conditions of this document, as well as the rest of the Legal Notices published on the Website that are in force at all times, which complete and complement this Contract. In addition to accepting the specific conditions of each contracted service. Please read the following terms and conditions carefully before accepting them.
1. SERVICE PROVIDER
The Website WWW.NODISEA.COM (hereinafter referred to as the Website) is owned by FRANCISCO JAVIER THEUER CARMONA, with ID: 77448649-J and address at Avenida Rafael Pérez del Álamo 11, 5 – H, 18300 Loja (Granada).
The User can contact FRANCISCO JAVIER THEUER CARMONA in the User Service by calling + 34 613 366 987 (Monday to Friday from 9:00 a.m. to 2:00 p.m. and 5:00 p.m. to 8:00 p.m. or at the email address firstname.lastname@example.org.
The NODISEA Client (hereinafter referred to as the Client) is any natural person of legal age or legal entity, who contracts any of the Services offered on the Website, either through a monthly subscription or through specific contracting of a service.
When contract a service, you may be asked for the following personal data, necessary to establish the contractual relationship:
- Name and surname
- Name of the company (when applicable)
- Complete Tax Address
- Phone number
- Credit Card (Only in the case of one-time and one-off services; and monthly subscriptions).
- Bank IBAN (Only in the case of monthly subscription services and when the Client requests it).
It is very important that if you have any questions regarding the included services, you contact NODISEA prior to contracting.
3. OBJECT OF THE CONTRACT
The object of this contract will be the services included in the plan or specific service that has been contracted by the Client.
The main services offered by NODISEA are the provision of immigration services in Spain. These services are offered through the specific contracting of a service offered by NODISEA.
On the one hand, NODISEA, and on the other, the Client, mutually recognizing the legal capacity to contract and be bound in the respective capacities in which they act, agree to these Contract Conditions applicable to the contracted services.
4. PERFECTION OF THE CONTRACT
The validity of contracts concluded electronically is established by article 23, section 1 and 3, from Law 34/2002 of Information Society Services and Electronic Commerce: “Contracts entered into electronically will have the same validity and will produce all the effects of the Civil and Commercial Legal System.”
The Contract is perfected from the moment the Client expresses its agreement with these contract conditions by any means established by NODISEA.
The Client agrees that it will not be necessary to confirm receipt of acceptance of the contract when it has been concluded exclusively through an exchange of email or another type of equivalent electronic communication, as established in the article 28.3 b) from Law 34/2002 of Information Society Services and Electronic Commerce, as well as what is established in the Royal Legislative Decree 1/2007. The parties agree to legally equate the Client’s handwritten signature with that made using any type of keys or codes. NODISEA may require written confirmation when it deems necessary.
In cases in which the Client, user of NODISEA’s services and products, is considered a Legal Entity, it will be responsible at all times for the valid and effective authorization or power of attorney of the natural persons who enter into this contract and will not be able to object due to the lack of authorization or the defect or revocation of powers, the consideration for the services and products provided by NODISEA. In accordance with the regulations in the article 1,822 of the Civil Code and following, in relation to 1.113 and following of the same Code, the natural person who contracts on behalf of a commercial company is constituted with the character of joint guarantor, who with the guarantee of his assets and rights, will be responsible for all the obligations of this contract.
5. SERVICE DESCRIPTION
The services that NODISEA must provide to the Client in accordance with the terms and conditions of this Contract are those listed on the website WWW.NODISEA.COM
Under these Contract Conditions, NODISEA offers access to a website with information and content related to the field of immigration advice.
For the services that NODISEA is obliged to provide to the Client in accordance with this Contract, NODISEA will be responsible for the fees established for each type of service on its website WWW.NODISEA.COM.
NODISEA will charge, where appropriate, the Client for the services detailed on the Website based on the rates in force at all times on the Website, and which the Client declares to know and accept, which are detailed in the specific conditions of each Plan or Service. Regarding services that do not conform to the plans listed on the website, a personalized quote will be sent to the Client.
The price of the rest of the services offered will be accrued at the time of contracting it, and payment can be made by credit/debit card.
The NODISEA Service will be invoiced in accordance with the tax and accounting regulations in force at all times and sent to the Client in due form and within a timely manner by email.
NODISEA reserves the right to modify the pricing policy of the Service provided in various concepts such as promotional discounts or other rate changes, and must in any case communicate said change through those channels used as an advertising channel for the Client or potential Client. Unless otherwise specified, all prices quoted on the Website and in advertising media are understood to be exclusive of VAT.
7. BILLING – PAYMENT METHOD
Payments will be made by debiting the card that the Client has arranged for payment or by direct debit of the corresponding receipts into the client’s current account.
Any amount not received by NODISEA on the invoice Due Date will be considered overdue. For any overdue amount, the legal late payment interest in effect at the time of maturity will accrue.
In the event of non-payment of any invoice on the due date or non-payment of the amount previously claimed for an unpaid invoice by the Client, NODISEA may suspend the provision of the Service, or terminate the contract, with prior written notice via email five (5) days in advance, without prejudice to the fact that, along with the unpaid amounts, late payment interest and corresponding management expenses are also accrued, increasing annually with the CPI (Consumer Price Index). The provision of the service will not be restored as long as the Client does not proceed to pay all the amounts owed, including late payment interest and management expenses.
8. DATA PROTECTION
In the event that, due to the provision of the services covered by this Contract, NODISEA must have access to personal databases owned or held by the Client, NODISEA: (a) will only process the data to which it has access in accordance with to the instructions given for this purpose by the Client and will not use them for a purpose other than that indicated in said instructions, nor will they communicate them, not even for their conservation, to third parties; (b) adopt basic level security measures (or the higher level that, where appropriate, is applicable) that guarantee the security of personal data and prevent its alteration, loss, processing or unauthorized access; and (c) will return to the Client the personal data in its possession on the date of termination of the Contract and will destroy the media or documents containing such personal data.
Additionally and without prejudice to the foregoing, the Client is informed of the following: (i) their personal data will be incorporated into an automated file owned by NODISEA; (ii) the purpose of said file is to provide, improve and complete the services that NODISEA offers; (iii) the Client consents that NODISEA may send commercial communications by any means (postal mail, email or equivalent electronic means of communication), in order to inform them about their own products or services that they currently offer or that they may offer in the future; (iv) the Client may assert, at any time, their rights of access, rectification, cancellation and opposition in the terms established in current legislation, by writing to the address listed at the head of this document by certified letter with acknowledgment. Of receipt; (v) the acceptance by the Client that their personal data may be processed or transferred in the manner previously established is always revocable, without retroactive effects, in accordance with the provisions of the articles 6 and 11 from Organic Law 15/1999.
For the purposes of article 34 from LOPD, the Client gives his express consent for the international transfer of his data by the Service Provider, which uses computer applications that are hosted in the United States for the correct execution of this contract.
9. EXCLUSION OF GUARANTEES AND RESPONSIBILITY
NODISEA does not guarantee the availability and uninterrupted continuity of the operation of the Website and the Services provided with it. When this is due to internal causes of the company, NODISEA is exempt from any liability for damages of any kind that may be caused by the lack of availability or continuity of the operation of the Website and the Services and in particular, although not exclusively, to failures or deficiencies in speed or other type in access to the different pages of the Web.
10. LIMITATION OF LIABILITY
NODISEA is exempt from all liability for defects or damages arising from: (a) the veracity of the data provided by the Client in the service contract form; (b) fines and sanctions imposed by any public administration on the Client due to documentation and/or information that is omitted by the Client, or presented after the deadline, or through unofficial channels.
In any case, NODISEA’s maximum liability, under this Contract, will not exceed the amount disbursed by the Client to contract the corresponding service.
Pursuant to the provisions of art. 40.2 of Law 7/2017 of November 2 in relation to the alternative resolution of consumer disputes NODISEA includes the complete identification of the competent accredited entity:online claim.
Any claim that the client considers appropriate will be attended to as soon as possible, and can be made at the following contact addresses:
- FRANCISCO JAVIER THEUER CARMONA
- Address: Avenida Rafael Pérez del Álamo 11 – 5 H, 18300 Loja (Granada)
- Telephone: + 34 613 366 987
According to Art. 14.1 of the Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the Client and NODISEA, without the need to resort to the courts of law, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between both.
This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict.
Link to the corresponding platform:http://ec.europa.eu/consumers/odr/
All documents, writings, information, etc. prepared by NODISEA in relation to the Client or its personnel or its activities during the term of this Agreement are and will always remain the property of the Client. However, NODISEA will have the right to keep a copy of such documents, writings, information, etc. to the extent that NODISEA deems appropriate. NODISEA is obliged to keep professional secrecy, both during the term of this Contract and after its termination, on matters that are not in the public domain and are exclusive to the Client, excepting from this obligation information that NODISEA must disclose in compliance with laws or regulations or by requiring or ordering of an administrative agency or body or a competent judge or court in the exercise of its powers.
13. CONTRACT DURATION, MODIFICATIONS AND TERMINATION
NODISEA may terminate the provision of the service in question if it considers that the Client has violated any of the terms or conditions of this Contract, due to non-payment, or to prevent conduct by the Client that (i) involves fraud or an illegal action referring to the content of this Contract; and/or (ii) disrupts its operation and/or the provision of NODISEA Services to the Client or third parties.
NODISEA may, at any time, modify these Contract Conditions or introduce new conditions of use, which will be communicated to the Client by means of a notice that has been published on the Service website with thirty (30) days’ notice. These modifications will only be applicable upon their entry into force and the Client will have the right to terminate the contract without any penalty in the event of non-acceptance of the new conditions, adhering to the notification and resolution procedure set out in this Contract.
The Client will be entitled to terminate the Contract early for the following reasons: (i) breach by NODISEA of an essential obligation under this Contract, if said breach is not remedied within a period of thirty (30) days from the receipt of written notification thereof; (ii) if NODISEA is subject to a final judicial declaration of bankruptcy; (iii) the liquidation of NODISEA or the cessation of its business activities; (iv) if NODISEA modifies these Contract Conditions, the Client will send written notification by registered letter to the attention of the NODISEA User Service and granting fifteen (15) days for the termination of the Contract from the receipt of said written.
The termination of this Agreement will not relieve the Customer of its obligation to pay any charges incurred under this Agreement prior to its termination.
The Client shall indemnify NODISEA from and against: (i) any loss suffered by NODISEA or third parties resulting from the introduction of a virus to the website by the Client or an authorized user thereof; (ii) any action, claim, cost, expense and procedure that arises due to the use of any data on the Website intended for the provision of the Service that violates any intellectual or industrial property right of third parties.
In the event that a regulatory action, legal or regulatory measure occurs that, in the reasonable judgment of NODISEA, prohibits, substantially restricts or makes commercially unviable the provision of the Services object of this Contract, NODISEA will be authorized to terminate the Contract.
Once the contract is resolved within fifteen (15) days, NODISEA will send all the documentation deposited in the Client’s virtual file to the email provided in the specific conditions and will proceed to eliminate it.
14. RIGHT OF WITHDRAWAL
The Client has the right to withdraw from the contracted service, in accordance with the provisions of current consumer and user regulations.
When the Client has exercised the right of withdrawal, NODISEA will return the sums paid by the Client without withholding expenses. The return of these sums will be made without undue delay and, in any case, before fourteen (14) calendar days have elapsed from the date on which the Client has been informed of the decision to withdraw from the contract.
However, the right of withdrawal cannot be exercised once the service has been completely executed or when the execution has begun, with the prior express consent of the Client and with the acknowledgment on his part that he is aware that, once the contract has been fully executed by NODISEA, you will have lost your right of withdrawal.
15. APPLICABLE LAW
This Contract will be governed in all its aspects, including validity, interpretation and effectiveness, by Spanish common law, to the exclusion of all regional law.
16. COMPETENT COURT
For all purposes of this Contract, the parties expressly submit to the jurisdiction of the judges and courts of Granada and expressly renounce any other jurisdiction that may apply to them.
17. COMPLETE CONTRACT
This Contract constitutes the entire agreement between the parties with respect to the matters covered by it, it supersedes any verbal or written agreement between the parties prior to it and may only be modified by another written agreement signed by both parties.