This contract contains the conditions under which iSystems Information Technologies S.L., hereafter EASYPIER, grants you a license to use software ownership "EasyPier Marina Management" and lends it some associated services under the conditions stated in below. The provision of these services is directed to natural persons or legal entities engaged in a business or professional activity whose use the products and services EASYPIER for a commercial or industrial activity.
In this document, the term "client" or "user" will be applied equally regardless of how they access the application and its services, either directly or through the intermediary of any third party.
2.1 Intellectual property and transfer of use
EASYPIER holds this software, manuals and any other material which is available to the transferee. EASYPIER grants to the transferee registered a license that can be free or paid, remain exclusive and non- transferable license to use the software to which it refers. Access to and use of the software is carried out remotely via the Internet, this contract doesn’t involve the right to obtain an executable version in some different to those provided by EASYPIER facilities.
The granting of this license covers only the software of EASYPIER ownership. In the event that there is executable software independently or combined mode, EASYPIER warrants the right of distribution, and gives to the transferee the corresponding license agreement to for their knowledge and acceptance.
This License of Use and Service is in effects on the date of registration and will be applicable during the term of the service that has been signed with EASYPIER. However, EASYPIER may revise or modify these conditions to renew your subscription, when it’s necessary or appropriate, because of changes in performance or operational or in the applicable legal framework, service providers, etc... In any case, unless expressly stated otherwise, the changes in this document will be applicable to the extension immediately following your subscription.
The transferee must register as a user of the software on the web (http://www.easypier.com/
) of EASYPIER. Registration constitutes acceptance of this agreement, and involves the identification of the user/client of right of use granted. In any justified case of need for changing the identification of the holder, the procedure established by EASYPIER must be followed. The customer is solely responsible for the accuracy and legality of the data provided to EASYPIER.
The Access to the software will be made by a user and password defined by the customer. The customer is solely responsible for their safekeeping and proper use of it, declining EASYPIER of any responsibility for the misuse or loss of the password.
By accepting these legal terms and conditions, transferee grants permission to EASYPIER to publish its recent inclusion in the portfolio of clients of EasyPier for reference of success for other customers.
The client expressly agrees that EASYPIER could make all notifications concerning the contract, electronically and especially to the email provided in the registration.
2.4 Validity and Extension
The license will be contracted monthly and will automatically renew for monthly or annual periods (depending on the option chosen by the customer ) and according to the current prices, and only if the customer or third parties that have entrusted their management, has notified the bank account payment of the appropriate fees.
The client may notify its intention to cancel the service with at least five days prior to the date of termination of any of the extensions. The notice of non-renewal of the service must be sent to the email address: firstname.lastname@example.org
In any case, the successive periods of validity of the terms and conditions will be applied, as indicated in the Terms and conditions document in the paragraph 2.1.
In the case of failure to renew the service, either at the end of the initial period or in any of its extensions, or in the event of default of the appropriate fee, the access to software and service will cease automatically without previous notice, from that time the customer will lose access to software and information stored in it, without prejudice to what is stated in paragraph 6.
EASYPIER may also stop providing services (including access to corresponding software), always respecting the effective period contracted by the customer, without corresponding to such right to compensation or damages for the customer case.
2.5 Price and method of payment
The applicable prices are those in effect at the time of each renewal of the service, which resulting taxes of application will be added.
Service payments will be made by bank transfer or direct debit in the case of service renewal.
The customer accepts the charge in the bank account indicated to EASYPIER of the amounts resulting from this contract.
If the case of having a client management of “EasyPier Marina Management” entrusted to a third party other than EASYPIER, the client knows and accepts that non-payment or notification of report fit, drop out or modification by such third party shall have the correlative effects of access and use of EasyPier, as the client may lose access to the solution and related services.
The total or partial reproduction of the software, even for personal use , by any means and in any form is prohibited permanent or temporary ; the translation , adaptation, arrangement or any other transformation and the reproduction of the results thereof , and any form of public distribution , including rental of software or transfer of use to unauthorized third parties. This prohibition is extended both to the relevant software, and its technical documentation. These acts performed without authorization EASYPIER constitute an infringement of their rights of exploitation, and may constitute a crime against intellectual property embodied in article 270 of the Criminal Code.
During the subscription period using the software, EASYPIER will provide the following maintenance services and technical support to the transferee, as a matter of non-transferable, and thus made aware of the payment of the appropriate fee.
EASYPIER will adapt the software to the legal changes required by the effective implementation of the Spanish state regulations binding, carrying out the changes needed for it to adjust the operation of the software to provisions applied each time.
Updates arising from maintenance and operation of the corresponding software will automatically apply according to the software schedule established by EASYPIER, without user intervention.
3.2 Technical support
For those paying customers, EASYPIER will deal with any queries concerning the performance and operation of the program under this contract by Customer Service through an online portal (http://helpdesk.isystems.es
) that will you let solve doubts and incidents.
In addition EASYPIER will provide the customer with a fixed telephone number +34 871 570 536 and email email@example.com
where they can send their consultations.
The customer service hours will be according to the Central office schedule in Palma de Mallorca (currently Monday to Friday from 9:00am to 18:00pm, except public holidays). EASYPIER reserve the right to change the schedule of customer service.
For customers in the free version there will be a forum available (http://forum.easypier.com/
) where EASYPIER’s customer service and registered users will attend your queries. This service is provided without any warranty.
4. Warranty and Responsibility
4.1 Garantía del Software y los Servicios
The software is not designed to satisfy the particular needs of the assignee, it is developed for a general purpose, so there is no guarantee that the benefits of the program are those that in the assignee opinion should be met or that respond to particular needs thereof. Nor it warrants that the operation of the software will be uninterrupted.
EASYPIER warranty is limited to the resolution of errors, problems or incidents affecting the normal operation of the software or the client. The resolution of such incidents may take place via software upgrades that EASYPIER implemented on the product’s evolution schedule.
Services will be provided with the greatest diligence and according to general industry operations. EASYPIER is not responsible for possible changes or loss of data that occur in customer information systems.
EASYPIER is not responsible for any warranty made by third parties, including its authorized dealers.
EASYPIER software is aimed to professionals who, on his own responsibility, interpret the results and calculations provided by it, so EASYPIER is not responsible for any damage allegedly caused by the use or inability to use the software, including work stoppages, data loss, monetary loss or loss of anticipated income as a result of its use.
EASYPIER is not responsible for the damages related to the use or inability to use the application, including the loss of data produced as a result of misuse of the software, which is the responsibility of the transferee.
In case of claim amounts for failure or damage, the customer accepts that these are limited to the amount paid for the service.
EASYPIER seeks to provide continuous access to “EasyPier Marina Management”, but cannot guarantee permanent/continuous availability. Access to software may be interrupted for reasons beyond the control of EASYPIER, causes such as incidents in communication networks, maintenance of programs or troubleshooting. Whenever it’s possible, EASYPIER ensure that disruptions are as short as possible and warns with reasonable advance of those which are scheduled or known in advance, but disclaims any responsibility for the impossibility to access the software.
6. Access to data by the user/client
To provide these services, EASYPIER access to personal data included in files which the customer is responsible, both to store and treat them with the program, and to provide service support, if any, where remote access is included. EASYPIER will not incorporate in this case the data to their information systems. In his capacity as data processor, he won’t use them to any other purpose. Once treated and resolved incidents, they will be conserved the time that the license is in effect, being blocked and subsequently destroyed on completion, as provided in the following paragraph. EASYPIER will use the basic level of security measures for automated computer files, according to Royal Decree 1.720 / 2007 of 21 December, approving the Regulation implementing Law 15/1999 of 13 December, approving the protection of personal data.
The data entered by the customer to the "EasyPier Marina Management" application will be dropped and blocked once the service finishes, and will be retained by EASYPIER for 30 days, during that period the customer can request the recovery. After that period or once the data is available to the customer, they will be destroyed.
7. Applicable Legislation
Under Article 29 of Law 34/2002, of July 11, Services of Society of Information and Electronic Commerce, the contract address is considered EASYPIER’s address.
This License of Use and Provision of Services and any dispute arising, whether in contract or tort, shall be governed by the provisions of the current regulations in the Kingdom of Spain.
Spanish courts will have exclusive jurisdiction to resolve any question relating to the interpretation or implementation of this document. EASYPIER reserves the right to take any action attending his right, if there’s any, in the country where the address or place of residence of the user is located.
For the resolution of any dispute arising out of this document, EASYPIER and the Customer submit to the jurisdiction of the Courts of the city of Palma de Mallorca, waiving/renouncing any other jurisdiction that may correspond.