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Information available in Spanish / Informaci=C3=B3n disp= onible en Espa=C3=B1ol
This information is also available in /wiki/spaces/a= thento30guiadesoporte/pages/19464258.
Esta informaci=C3=B3n tambi=C3=A9n se encuentra disponible en /wiki/spaces/athento30guiadesoporte/pages/19464258.
This is a contract between you (the CLIENT) and us (ATHENTO.) This contr= act describes the services which we are going to offer you, how we will wor= k together, and other aspects of our business relationship. This is a legal= document, so some of the terms of this contract use legal language; we hav= e tried to make it as easy to understand as possible. These terms are impor= tant and we cannot provide you with our services unless we know that you ag= ree to them. By using the service, you agree to the following terms:
That, pursuant to the foregoing, the Parties from their free and spontan= eous will, accept the present general terms of delivery of the Service, sub= ject to the following:
CLAUSES
1. Aim
In virtue of the present Contract, ATHENTO promises to provide the servi= ces set out in this contract, in the terms and conditions which are establi= shed in the Terms of Service of the Client in the present Contract= .
As such, the CLIENT promises to put all needed resources in their posses= sion to make it easier to provide service, and to meet the obligations deri= ved from this Contract, related to duration, payment methods and dates, con= ditions of use of service, etc.
2. Athento
ATHENTO will proceed to provide Athento Cloud Service to the CUSTOMER. S= uch provision is made according to the methods set out in this contract.
The general terms of the service contract can be found in these Terms of= Service Client, which may be modified without affecting the validity of th= is Agreement.
The Client=E2=80=99s use of Athento, according to the terms and conditio= ns stated in this Agreement, constitutes acceptance of the Terms of Service= and the tacit validation of the work carried out by ATHENTO, without it be= ing necessary for the CLIENT to explicitly verify ATHENTOs=E2=80=99 product= s and services.
3. Athento Cloud subscription service
4. Duration
This Contract is established with a duration of three (3) years from the= date of acceptance of the Contract. By default, there are no retention cla= uses in this Agreement, unless they have been previously agreed to in the s= ales offer accepted by the CLIENT.
The CLIENT may terminate this Agreement at any time, provided that the t= ermination is given in writing and explicitly states the desire not to cont= inue using the service. This notice will be provided with at least sixty (6= 0) days=E2=80=99 notice.. If this is not done, the customer must pay the eq= uivalent to those 60 days monthly.
The main elements relating to the duration of this contract are set out = below:
5. Price
The CLIENT agrees to pay ATHENTO (on time and according to the terms sti= pulated in this Contract) the prices as set out in the =E2=80=9CContract De= tails=E2=80=9D section.
The prices of different Athento services may be adjusted unilaterally by= ATHENTO at any time. However, while the Contract is in force, the prices f= or the application will be those that were included in the sales offer acce= pted by the CLIENT. Once the Contract has expired, contract renewal rates w= ill be treated as they are set out in the Duration provision of this contra= ct. The discounts agreed to in this Agreement cannot be accumulated and use= d in future budgets and contracts.
All expenses and taxes that come from the execution, performance or term= ination of this Contract and the obligations arising therefrom will be calc= ulated and charged to the related party expressly in each case.
Late payments for the amount set out in this Contract will incur a month= ly 10% surcharge on the amount of the monthly price.
Once the CLIENT has been notified by ATHENTO about any non-payment issue= s, and once the account is 60 days in arrears and the payment plan has not = been negotiated, ATHENTO will undertake judicial proceedings against the CL= IENT for the outstanding amount on the Athento Cloud Services until the CLI= ENT meets its payment obligations.
If ATHENTO had previously agreed to perform any kind of development or s= ervice work for the CLIENT, this work will automatically be suspended from = the moment when a the payment is in arrears, and this situation will contin= ue until the outstanding amount is settled.
Below, we have set out the elements to be considered regarding the price= s detailed in the present Contract:
6. Changes or extensions to services
The expansion of Business Services and hours of engineering (Product set= tings) training, including plug-ins, or acquisition of new products or serv= ices, will generally be budgeted separately.
Conversely, running over the limits does not require that new budgets be= delivered to the customer. The limits will be automatically billed as over= age in the following month in the terms indicated in the Prices clauses.
ATHENTO reserves the right to change the terms for the Athento Cloud Ser= vice when it deems appropriate. In any case, the conditions that were in ef= fect when the CLIENT signed the contract will apply to each CLIENT
Since ATHENTO regularly updates its Customer Terms of Service, the CLIEN= T will receive notification of such changes via e-mail.
If any of the clauses that make up this Contract shall be held invalid o= r unenforceable by a court decision or legislative amendment, this clause i= s considered to be precluded, without implying the nullity of the same. In = this case the parties shall do everything in their power to find an equival= ent solution that is valid and duly reflects their intentions.
7. Who to contact
For all communication, modification, clarification or authorization for = the development and delivery of services, and provision of service under th= is Contract, each party shall proceed to appoint explicitly an accredited p= artner. These partners are set out in the offer accepted by the CLIENT in p= aragraphs:
Athento contact information.
Client contact information
The Parties agree that, in the event that it is necessary to contact the= other party for any further questions, technical aspect or report any inci= dent during the Service, the CLIENT will only get in touch with those conta= cts set out in the Athento contact information section, according with the = nature of the contact (administrative, account management or technical supp= ort) through those ways that are permitted to the CLIENT, as set out in the= CLIENT=E2=80=99s SLAs.
8. Responsibility
If either Party should act in a negligent manner, or in a manner that in= fracts on compliance with the obligations set out in this contract, that Pa= rty will be held responsible for any damage or anything affecting the other= party. The Party which has to face any kind of loss or damage under the ac= tion of the counterparty may claim compensation for any such damages.
ATHENTO commits to meet indicators or KPIs for providing services, their= time frames and quality milestones regarding the levels set out in the sal= es offer. Similarly, the CLIENT commits to making all measure in their reac= h available to make ATHENTO=E2=80=99s work possible.
9. Resolving the contract
Service may be terminated in advance, by written notice without judgment= in accordance with the following conditions:
a) For breach of any provision contained in this Agreement and by notice= of termination within 60 calendar days prior to the date on which terminat= ion takes effect.
b) For lack of payment by the CLIENT to ATHENTO, in the terms and time f= rames established in this Agreement.
c) For material breach by ATHENTO regarding time or terms of this Agreem= ent, provided that the terms have not been modified after signing it or the= CLIENT did not include specifications and requirements not covered by this= contract.
d) Due to the unilateral decision of the CLIENT, provided there is no pe= rmanence clause, and that notify in writing is provided, within the terms o= f the duration clause of this Agreement.
e) For breach of the CLIENT of any provision contained in these Client T= erms of Service.
All costs and fees arising from such failure or termination of this Agre= ement and the obligations arising therefrom shall be borne by the party who= has failed to fulfill them.
Similarly, court costs incurred in breach of this Agreement shall be bor= ne by the defaulting party, including attorney's fees and attorney although= their interventions were not prescriptive.
In any case, the Party seeking to terminate the Contract claiming counte= rparty default shall bear the burden of proof and must require the other pa= rty to comply with the obligation to express, with a period of 60 days to t= he defaulting party to that it can remedy this failure. After this time if = no breaches have been rectified, the injured party may exercise this power.=
10. Confidentiality and Personal Data
The Parties agree to maintain absolute confidentiality regarding informa= tion and documentation which the Parties provide to each other or have acce= ss during the Service. Both Parties undertake not to disclose, directly or = indirectly, nor use the information and knowledge acquired, arising from th= e contractual relationship between the parties agreed on other services tha= t are not the subject of this Agreement without prior request, and without = the explicit authorization of the other part.
The Parties undertake to take steps regarding both their employees and t= hird parties who may have some connection with this Agreement, to ensure co= mpliance with the agreement in this clause. Upon termination of this Agreem= ent, the Supplier will destroy any information that has been stored in any = medium or has been reproduced, using any process.
The CLIENT gives ATHENTO the right to add its name and logo to the list = of clients that Athento works with, and to place the CLIENT=E2=80=99s logo = on Athento=E2=80=99s website.
Both parties commit to maintain maximum secrecy regarding data of a pers= onal nature to which they may have access, in accordance with the terms of = this Contract; and to observe all of the legal provisions which are contain= ed in Organic Law 15/1999 (13 December), regarding Protection of Data of a = Personal Character.
ATHENTO expressly declares that it recognizes its obligations to meet th= e requirements set out in Organic Law 15/1999 (13 December), regarding Prot= ection of Data of a Personal Character.
ATHENTO and its staff responsible for the execution of tasks agree to ma= intain the strictest secrecy regarding the personal information which could= be accessed during the execution of the services under this Contract.
ATHENTO agrees not disclose such information, either through third parti= es or companies, or make information available to third parties without the= prior written consent of the CLIENT.
ATHENTO will inform its staff, associates and subcontractors of the obli= gations under this Agreement concerning the processing of personal data.
ATHENTO will make as many caveats as necessary to its staff and partners= , in order to ensure compliance with such obligations.
The confidentiality obligations set out in the clause regarding personal= details will last indefinitely, remaining in force after termination, for = any reason, any relationship between the CLIENT and ATHENTO.
In any case, ATHENTO will not undertake any processing of personal data = by the CLIENT under this Agreement, and as such it will not be construed in= any way that it is appropriate for ATHENTO to assume the figure of the dat= a processor, as described in Article 12 of the Organic Law on Protection of= Personal Data.
However, if on an exceptional basis ATHENTO has access to any personal d= ata held by the CLIENT, in fulfillment of its obligations under this Contra= ct, ATHENTO will only access the personal data of customers and other indiv= iduals related to the CUSTOMER if such access is deemed necessary to fulfil= l the obligations. ATHENTO will:
11. Guarantee
The PROVIDER warrants to the Customer that it has all the permits and li= censes required to perform the Services.
Moreover, the PROVIDER warrants that it has an insurance policy that cov= ers any compensation that has to meet the PROVIDER on behalf of CLIENT for = incorrect and irregular delivery of the service. ATHENTO has liability insu= rance coverage of up to =E2=82=AC450,000.
ATHENTO guarantees the CLIENT the proper functioning of Athento for use = according to the intended purpose, embodied in this document, responding in= any case that defects occur to materials for manufacturing.
ATHENTO is not responsible for any defects arising from faulty or incorr= ect use of Athento.
In any case, and specifically the following actions are contemplated:
On the contrary, it does not include any changes to the software that ar= e made after the fact, nor does it include any complementary development wo= rk.
ATHENTO agrees to address any weaknesses in Athento, provided they be th= e type of defects which ATHENTO is responsible for fixing, pursuant to this= Agreement and in accordance with the sales agreement signed by the CLIENT,= since the time the fault is discovered by the CLIENT, to the time when the= remedy is available through contact channels, according to the CLIENT=E2= =80=99s sales agreement.
The CLIENT acknowledges that it understands how Athento works, as well a= s accepting the particular ways in which Athento functions; the CLIENT, the= refore, relinquishes the right to demand compensation from ATHENTO for any = damages and requiring any damages arising from material defects from manufa= cturing, of those which are dealt with in this clause.
The CLIENT, in any case, agrees to use Athento according to the rules an= d laws applicable at all times, in good faith, with the morals and ethics r= equired. In this sense ATHENTO at no time be liable for the possible use th= at can be given to the object of this service.
Moreover, ATHENTO is not obliged to provide customer support when levels= exceed storage, pages, users or CPUs in the plan, as described in the cont= ract and the CLIENT has not paid for overage on the use of these services.<= /p>
12. Labor relations
This contract constitutes a purely commercial relationship and cannot be= interpreted in any other way.
At all times, ATHENTO=E2=80=99s hiring practices are in line with the pr= inciples enshrined in the Spanish Constitution and the Workers=E2=80=99 Sta= tus, which means that, under no concept, does ATHENTO take part in any ille= gal hiring practices.
ATHENTO reserves the right to determine which personnel are assigned to = carry out the development and implementation of the project in product deve= lopment and contract services, it also reserves the right to replace or rea= ssign the staff, notwithstanding client considerations, ATHENTO will try to= respect requests for any specific staff members, if any specific requests = are made.
The parties agree that, at no moment, will there be a labor relationship= between the SUPPLIER and the CLIENT. The SUPPLIER acknowledges that the te= chnical personnel which provides the service has been hired in accordance w= ith legislation and meet all of the legal obligations for work.
The CLIENT expressly renounces hiring, directly or through third parties= , any employee of the PROVIDER while not at the end of the current Agr= eement and for two years after the termination thereof; should that happen,= the CLIENT will pay the PROVIDER =E2=82=AC100,000 in compensation for each= employee that has been hired away from ATHENTO.
Furthermore, any members of staff that have been recruited directly or i= ndirectly by any of the parties will be the direct and exclusive responsibi= lity of each of the respective parties; therefore, the party which hired th= e staff unconditionally accepts sole pattern of every single person involve= d (in any way) being managed or supervised for work dealing with developmen= t, implementation, dissolution, liquidation and settlement of its obligatio= ns. This also means that the other party will be freed of any responsibilit= ies that may happen during the time the contract is in effect, freeing the = other party from any liability arising against it at all times, for anythin= g related to professional, labor and/or trademarks of the latter.
As such, should any of the parties be taken to court by anyone employed = by them, or hired by third parties for labour-related issues, the party who= se employees are taking action should ensure that the other party is not af= fected by the action; and if any economic assistance should be required by = any authority, the first party commits to providing immediate restitution.<= /p>
13. Termination
Neither party may rescind its position in this present contract, nor the= rights or obligations that are derived therefrom, without the consent of t= he other party.
14.Applicable law and jurisdiction
Any issues arising from the interpretation and/or commitment to the pres= ent contract will fall under the jurisdiction of the courts of M=C3=A1laga = city, thereby rescinding the right to recur to any other legal jurisdiction= which may apply, due to present or future location, and/or any other circu= mstance, being in accordance with the content and reach of these Terms = and Conditions, and will not involve violence, injury, bad faith or fr= aud.
15. Notifications
All notifications, requirements, requests and other communication carrie= d out by the Parties related to the present Contract should be carried out = in writing. They will be considered properly done when they are in hand or = been delivered by Certified Mail to the offices of the other party (at the = address listed at the top of this Contract), or to another address provided= by one Party to the other. Similarly, any electronic communications, where= proof of successful delivery can be provided, will also be considered vali= d.
16. Taxes and expenses
Any legal expenses incurred and any indirect taxes arising from the deli= very of this Contract will be paid for accordingly by each Party, according= to the law in effect.
Cited honoraria do not include travel costs, mail costs, telephone costs= , housing and per diem expenses, reproducing reports, any official seals or= stamps, translation costs, fees and other expenses which the staff of ATHE= NTO may incur while carrying out professional services. These costs will be= duly charged to the CLIENT.
17. Security
Both Athento, as well as the information that the CLIENT=E2=80=99s users= upload to the Athento system, are stored in third-party storage systems wh= ich fall under the responsibility of Spanish law, and which are physically = located in European Union countries and, therefore, under the application o= f all the regulations of Spanish law. These systems contain all of the requ= ired security features to avoid the loss, alteration or unauthorized access= to the data by third parties, maintaining at all times the confidentiality= and the integrity of such data, as well as strictly following the Law in e= ffect.
ATHENTO commits to providing service regarding security in accordance wi= th the terms that are set out in its Security Policy, which can be found at= https://athento.atlassian.net /wiki/pages/viewpage.actio= n?pageId=3D17367107
The company providing cloud infrastructure to Athento has been granted I= SO 27001 certification and the AFNOR Seal of Information Safety. Data are l= ocated on servers located within the European Union, and meet the requireme= nts set out by the Spanish Organic Data Protection Law.
ATHENTO has, in its possession, the auditors=E2=80=99 reports which cont= ain information about Athento software. Should any security-related issues = arise, ATHENTO will offer legal support and all of the forensic information= on the CLIENT=E2=80=99s affected services, in order to identify the cause,= the method and the leakage point.
18. Backup
ATHENTO has its own Backup and Data Recovery Policy. These can be found = on the Internet at the following locations:
As such, ATHENTO also has a data replication system. Information about t= his system is set out in the Policies for Athento Service Conti= nuity, published online at: <= a href=3D"https://athento.atlassian.net/wiki/pages/viewpage.action?pageId= =3D16842874" rel=3D"nofollow">https://athento.atlassian.net/wiki/pages/view= page.action?pageId=3D16842874
19. Professional Services and Personalizing Athento
Should the CLIENT decide to obtain personalized adaptations of the Athen= to software, this will be done through the adaptation and personalization o= f the software in accordance with the needs and functionalities established= in a Consulting Report. Before this report is provided, a document with th= e prices of services and a less-detailed, more general document will be inc= luded in the offer accepted by the CLIENT. That said, the specifications in= cluded in the Consulting Report will be specifications that ATHENTO will ad= here to when it comes time to define the requirements that the client will = pay for. If there is no Consulting Report, the specifications included in t= he offer accepted by the Client will be the specifications that apply.
The additional modules to be installed or adapted in accordance with the= needs expressed by the CLIENT should be included in this Contract.
Both parts recognize, in line with the type of work being done, that the= duration and hours needed to develop and comply with the information liste= d in the Planning of Hired Professional Services are merely a guid= eline, without being of a binding nature in any way for ATHENTO. As such, t= he hours listed for professional services and the duration of the specific = tasks in each line of work may exceed those listed, without being considere= d a lack of vigilance or failure to meet these conditions. Should that happ= en, the hours dedicated to professional services which exceed those agreed = to by the CLIENT should be budgeted for separately.
The CLIENT will be able to purchase packages of hours of professional se= rvices that it may recur to. The availability of these hours will always be= subjected to ATHENTO=E2=80=99s planning processed and should be requests w= ith a minimum of 15 working days notice. The packages of hours obtained wil= l be valid for one year after purchase, and will not be available after one= year.
20. Technical Support
Once the CLIENT chooses its specific technical support package and accep= ts the support package in the purchase offer, this will be provided by ATHE= NTO, in accordance with the limits and reach set out in the package.
Technical support may be supplied for technical motives, or regarding as= pects of usability, in accordance with the definitions established in the p= urchase offer accepted by the CLIENT.
Support services are included in the monthly anticipated fee for use of = the Athento Cloud Service.
21. Intellectual Property
Both Parties recognize that all rights belong to ATHENTO, whether they b= e related to intellectual property arising from all the software used adapt= ed and configured as a result of compliance with the contents of this Agree= ment, as is the case with all software that is developed without subject to= the specialties of certain licenses of third parties, which may be part of= Athento.
Likewise, any party may reserve any right(s) that contravene(s) the term= s of the license under which the use of the corresponding program or module= is authorized.
The Athento logo and other marks, graphics, etc., used in connection wit= h the service are duly registered as industrial property under the ownershi= p of ATHENTO in Spain and other countries. In no event may consent be const= rued through this Contract, or that the CLIENT has been given any rights or= licenses to use the logo and other identifying marks.
22. Passwords
Once installation of Athento has been completed, ATHENTO will supply the= CLIENT with the user names and passwords needed to administer the account(= s).
From that moment on, the CLIENT will be the sole responsible party for t= he use of those names and passwords. This absolves ATHENTO of any responsib= ility or liability arising from any possible misuse of those name(s) and pa= ssword(s).
ATHENTO will inform the CLIENT of the procedure to change the password, = so that the CLIENT is able to produce their own password(s).
Should the CLIENT require that all passwords be reset due to theft or lo= ss, the only person who will be provided with the new password will be the = person who was identified as the person responsible, who must request the p= assword reset in writing.
23. Documents uploaded to Athento by the Client
The documents and data stored on Athento are the property of the CLIENT = or of third parties to which the CLIENT authorizes such custody, being resp= onsible for having the respective authorizations and content of the documen= ts stored in Athento.
Regarding this documentation:
With regards to the content of the documents stored in Athento, the CLIE= NT is the sole party responsible for that content. These documents:
ATHENTO reserves the right to terminate the contractual relationship if = it becomes aware that the CLIENT has failed to meet the terms set out in th= e clause above.
24. Third-party services
Athento Cloud Service may contain information provided by various extern= al suppliers. Furthermore, this service may use other third party services.= By registering as a user of Athento cloud, the CUSTOMER accepts that Athen= to may exchange information with these outside services. ATHENTO cannot con= trol these external services and does not guarantee continuous, uninterrupt= ed or secure access to them.
25. Cancellations and refunds
ATHENTO reserved the right to rescind any or all of the rights of = use and/or any of the plans or orders within this Contract, should the CLIE= NT be in violation of any of the conditions of use.
The CLIENT may cancel the service whenever desired, as long as the condi= tions laid out in this contract are met. In any case, no refunds or credits= will be provided for any unused portions or times of service.
26. Analysis of Data stored in Athento Cloud
ATHENTO reserves the right to perform data analysis use of documents and= data stored in the Athento software. This analysis includes, but is not li= mited to, the most used features, document processing methods that work bes= t, average volumes of stored data, etc. These analyses will be used by the = company to improve service provided to its clients.
27. Availability of Service
ATHENTO will work to ensure that the Athento Cloud service is available = on a 24/7 basis, year-round. Nonetheless, in order to guarantee quality of = service, ATHENTO will program various maintenance periods, the timing of wh= ich will be communicated in the Maintenance and Continuous Impr= ovement Policy, which is available online at: https://athento.atlassian.net/wiki/pages/viewpage.act= ion?pageId=3D17367098
Similarly, ATHENTO commits to using the service monitoring mechanisms wh= ich help to prevent and to quickly correct any defects in providing the ser= vice. These mechanisms will be used as set out in the Athento C= loud Monitoring Policy, which is found at: https://athento.atlassian.net/wiki/pages/viewpage.ac= tion?pageId=3D16842871
28. Cookies
Athento and its partners use cookies or similar technologies to analyze = trends, administer the website, track users=E2=80=99 movements around the w= ebsite and applications, and to gather demographic information about our us= er base as a whole. We use "cookies" to help you personalize your online ex= perience. A cookie is a text file that is placed on your hard disk by a Web= server. Cookies are not used to run programs or deliver viruses to your co= mputer. Cookies are uniquely assigned to you, and can only be read by a Web= server in the domain that issued the cookie to you. One of the primary pur= poses of cookies is to provide a convenience feature to save you time. The = purpose of a cookie is to tell the Web server that you have returned to a s= pecific page. For example, if you personalize pages on our Websites, or reg= ister for the Subscription Service, a cookie helps us to recall your specif= ic information on subsequent visits. When you return to the same Website, t= he information you previously provided can be retrieved, so you can easily = use the customized features.
You have the ability to accept or decline cookies. Most Web browsers aut= omatically accept cookies, but you can usually modify your browser setting = to decline cookies if you prefer. If you choose to decline cookies, you may= not be able to fully experience the interactive features of our Subscripti= on Service or Websites you visit. Athento keeps track of the Websites and p= ages you visit within Athento and Athento's apps, in order to determine wha= t portion of the Athento Website or Subscription Service is the most popula= r or most used. This data is used to deliver customized content and promoti= ons within the Athento Website and Subscription Service to customers whose = behavior indicates that they are interested in a particular subject area.= p>
Some of the included cookies are: