1.1. These General Conditions regulate trade relations between GUIALIS GLOBAL MEDIA S.L. (hereinafter "GUIALIS") and its customers.
1.2. With the signing of the Order Form, the Customer fully and unreservedly accept these General Conditions and the specific conditions, when derived, for each product or service contract (hereinafter the "Agreement"), rewarding individuals on the other, accepting both parties the possibility of execution, by any lawful means, including email, the telephone recording, digital signature or electronic signature and that can store, organize, or reproduce, by any means available.
1.3. These general conditions and the specific of each service are affordable and can be found in http://www.guialis.co.in/site/page/view/contract_in.
1.4. The products and services offered by GUIALIS are exclusively for professionals or entrepreneurs is therefore not applicable in that regard current regulations on consumers. If you. You going to do-not professionally personal use of this website or the products and services offered in it, you should contact us in advance, in order to define the contractual framework to govern the relationship between you and GUIALIS.
2.1. GUIALIS currently without jeopardizing other tasks that may now or in the future to undertake by itself or through subsidiaries or associated companies, owns and is dedicated to the commercial exploitation of www.guialis.com.mx (hereinafter the "SITE WEB ")
2.2. Their identification data are:
3.1. Businessman, merchant, industrialist or more old professional or legal person duly represented that fully accepts the contract (hereinafter the "Customer"). Acceptance is indispensable to register as a Customer service and register in it, those telematic services that require it requirement.
3.2. Customers will not be admitted as those under eighteen. The Customer declares on his sole responsibility that has over eighteen and that all information you provide about your personal circumstances reflect reality.
3.3. Customer represents and warrants that it has sufficient authority to sign the Purchase Order, by itself or any of its agents, representatives, or factors acting on their behalf, and to accept to be bound by these terms and conditions of the Order Order.
3.4. Customer represents that the information provided is accurate and complies GUIALIS the Terms of GUIALIS.
4.1. The object of the contract is the provision of services by GUIALIS against payment of a price by the Customer under the terms stated therein.
4.2. To this end, GUIALIS made the dissemination of advertising material according to the specifications in the Purchase Order, and within typographical and supported by technical limitations GUIALIS systems.
4.3. The Customer acknowledges and accepts that is GUIALIS sole responsibility of organizing the publicity of the website, and may limit the number of spaces or time available in the same. And that has some GUIALIS own management objectives and criteria of ads on the website, which can be reviewed and modified at any time by the same.
4.4. Customer acknowledges know and understand that the volume of the guides and the number of contracted insertions could hinder the exact adaptation to the criteria of each and every one of the inserts, and so GUIALIS not guarantee a certain ad placement, except that the characteristics of the product and has expressly hired and collected according to the order form.
4.5. Requests for amendment of the Purchase Order be made as provided in Condition 14.1, using the corresponding standard form GUIALIS.
4.6. Customer agrees that GUIALIS can tailor the services covered Contract to technological advances or other products of different range or similar functionality (or higher), without involving substantial modification of the contracted contractual object or may be subject to claims for breach of contract by the Customer.
5.1. The Contract shall enter into force and take full effect from the moment that the acceptance by the Customer, unless Customer GUIALIS communicate non-acceptance no later than seven working days from that date occurs.
5.2. The contract will last indefinitely, that is automatically renewed every contract period until the Customer expresses its desire to terminate the contract, in the manner provided in clause 14.2.
6.1. The announcement will be designed and developed by GUIALIS.
6.2. GUIALIS, as holder of the operating rights, the customer gives the right to use advertisements produced multimedia support during the term of the contract, the transfer being limited to use only for use in servers and inherent GUIALIS late Contract.
6.3. The start date will begin broadcasting the advertising at most thirty days after delivery by Customer of the material or information must contain the Announcement shall mean compliance tacitly granted if the customer does not show anything on a within seven days from the notification of GUIALIS.
7.1. As for the technical media services electronically:
a) The Client, to ensure proper and complete use of the service, must have the technical, electronic or computer means, as necessary, so that he alone is responsible defects that occur in the service due to deficiencies of any type imputable to the means used.
b) Customer indicated in the Purchase Order the exact URL of the target web page to which the promotional item will be redirected and disclaims any responsibility for GUIALIS location changes that may occur through the use of non-standard browsers or standards-browsers.)
7.2 Regarding the use of the service or its contents:
The contracted services are personal and not transferable, of so that the Customer agrees and undertakes to maintain reserved all passwords to the service that will be provided, so that they cannot be used by third parties, according to the agreement in paragraph a) of clause 8.1 of these General Conditions.
b) Customer shall comply with current legislation at all times and in particular, the principles of safeguarding public order, respect for dignity and non-discrimination on grounds of race, sex, religion , nationality, disability or any other personal or social circumstance, protection of youth and children, protection of the rights to personal and family privacy, freedom of expression and freedom of information.
c) Customer warrants that the information provided by him is accurate and updated and declares that the content of your ads, trademarks and other intellectual or industrial property that integrate the content or your website, do not infringe any rights of other individuals or legal, nor are illegal or offensive, being truthful and coincident with the quality of products or services offered, counting with the necessary licenses or authorizations required by law and complying with the requirements of the various professional associations when is a regulated activity. Customer is solely responsible for the possible breach of these obligations, expressly recognizing that the lack of veracity of the information contained in ads never determine liability of GUIALIS and agrees to indemnify GUIALIS as a result of the sanctions adopted by the competent bodies.
d) In the event that the advertising inserts containing references to advertising sweepstakes, contests or other promotions, the Customer must comply with current legislation on games of chance, betting or gambling, with its full and such compliance sole responsibility, pledging to hold harmless GUIALIS of any breach or liability arising from such action.
e) The Customer shall be solely responsible and total full contents of its website and write or send messages through the service by electronic means, as well as the data provided, recognizing that the inclusion of advertisements in the media hired GUIALIS not imply recommendation for the purchase or rental of the products and services of the Customer.
f) The Customer acknowledges that it is not responsible GUIALIS maintenance of the website or client websites, nor is responsible for new orders, process payments, making shipments, of cancellations, refunds, or providing services to Customer in connection with the orders placed through the website or the same websites.
g) The Customer undertakes that your website does not understand any content that is owned or licensed by GUIALIS, including without limitation ads GUIALIS, except for those cases in which GUIALIS has signed a partnership agreement or affiliation aside.
h) Customer grants GUIALIS the irrevocable right to access, index, temporarily copy (cache) and display (regarding Customer ads) web site or web sites that link your ads, or any portion thereof, including by any automatic mechanism or instrument, including spiders (webspiders) or "crawlers". This license includes the right to GUIALIS to create and display full or partial copies of the text, graphics, images, audio, video and other content found in the included or specified web sites or part thereof, including the right to form and Slide show (thumbnails) and full screen copies of any images or video or are included on such websites or any part thereof.
i) The Customer authorizes GUIALIS to perform the necessary backups of content hired objects produced in electronic format during the term hereof.
j) Customer agrees that the content and material that contributes to the service can be adapted technologically fragmented and the ideal format suitable for publication and which may GUIALIS suspend, withdraw or refuse publication or keep the information accessible by others when you have actual knowledge that the activity or stored information is unlawful or harms property, interests or rights of others.
k) Customer will have access to a panel whose permissions control they will be provided by GUIALIS from which you can manage the registration, modification, low and any other matter relating to the ad.
l) GUIALIS owns the intellectual and industrial property, or has obtained permits or licenses corresponding to their exploitation, domain names, trademarks and distinctive signs, application, information, computer programs and other works and inventions related to the website and the technology associated with it, as well as their contents.
m) The contents of this site, including design, applications, text, images and source code ("Content") are protected by intellectual and industrial property.
n) In no way the content may be used, reproduced, copied or transmitted in any form without prior written and explicit GUIALIS.
o) GUIALIS you grant a non-exclusive, universal, without geographical or temporal limitation on all content posted by the customer if free license through the web site use and exploitation for publication, modification, transformation, collection, publication and exploitation in any form.
p) The Customer is solely responsible for the incorporated into website content stating that account with all consents and approvals for the publication of content, exempting from any liability GUIALIS. The Customer acknowledges and agrees that all incorporated into the website contents are published under the sole responsibility of the customer, accounting for payment of few penalties and / or damages arising from the content of advertising.
8.1. The use of the various services of this type shall be as follows:
a) The access takes place via the client browser and the use of keys provided to Customer, if access. These keys are confidential and very personal so they must be properly safeguarded by the Customer so that, in any case, can be used by third parties. The customer is fully responsible for any use that might be made of your personal keys, GUIALIS exonerating any responsibility.
b) Access to the service can be denied to the client who, in any event, has failed to fulfill its obligations and commitments
8.2. The Client assumes all liability that might arise from misuse of services
8.3. GUIALIS, as provider of the service, to ensure every client rights, may:
a) Proceed to the supervision of the service, while respecting the confidentiality of communications and the privacy of customers.
b) Temporarily interrupt the service without notice at any time, for technical or legal reasons.
c) Modify the service provision conditions, when required for reasons technical or application of new laws, both circumstances to be exhibited at the website of GUIALIS concerned.
d) Remove or replace the various services of the site and all information that may be illegal, contrary to the Code of Ethics or simply offensive GUIALIS.
8.4. GUIALIS Customer authorizes the use of the rights of intellectual property relating to the applications installed on the server running GUIALIS benefits that make the services as set out in the Contract. GUIALIS grants no authorization of use of any kind, prohibiting its reproduction, in whole or in part, its processing, its transmission, its loan and any other form of transfer, without express written authorization.
8.5. The legitimacy of the rights of intellectual corresponding to the content and information provided by the Customer property is your sole responsibility.
9.1. As consideration for the contracted services, Customer shall pay the agreed price for the contract period, said the increased tax amount applicable at all times.
9.2. The Customer undertakes to make payments. If payment of a fee, empowers GUIALIS to reject any request of the Customer and to cancel any service not implemented, empowering GUIALIS to terminate the Contract and to demand damages as appropriate.
9.3. Discounts and other rights in any promotion that may have been agreeing will be effective only in relation to the contracted services. The delay in payment for any cause and total or partial withdrawal by the Customer will leave without effect such discounts or rights in any promotion, without the express request by GUIALIS.
9.4 Non-payment of any amount to empower GUIALIS Customer reject any application and to override any other service not executed, empowering GUIALIS to terminate the Contract, give up, liquidated amounts of installments on the contract and to demand damages as appropriate.
9.5. The mere delay in payment by the customer entitles GUIALIS without communication, to temporarily suspend the dissemination of the contracted advertising. When the delay is more than two months will entitle GUIALIS definitely stop the spread of advertising contracted and the corresponding resolution of the contract, as is indicated above.
9.6. Any claim that the customer wants to make regarding any charge being made on your account should be communicated to GUIALIS, within 30 days of office, in accordance with Condition 11.1.
10.1. The contents of the Contract and all data, documents and information of any kind that the parties exchange with each other, as a result of the execution of this Agreement shall remain confidential during the term thereof, except the data for advertising distribution, which you are licensed for sale or use by third parties and, where appropriate, the unpaid debt and failed Customer for the contracted services.
10.2. All personal data consisting or may be included in the contractual documentation between the parties form part of a file owned by GUIALIS in order to manage the business relationship and to send news about products and services GUIALIS by any other means included e
10.3. You may access, modify, cancel and deny, if necessary, by sending a letter to GUIALIS GLOBAL MEDIA S.L., Diente de León. 32 - 02008 Albacete (Spain), with the only requirement to identify sufficiently
10.4. GUIALIS to provide the services described in this contract will not seek personal data held by the client.
10.5. The Customer consents to receive commercial communications in order to receive commercial communications by any means including electronic services and products GUIALIS.
a) GUIALIS Customer acknowledges the right to terminate the contractual events by a simple procedure consisting in the disclosure of GUIALIS, through a means that provides a reliable record of the complainant's identity, the content of the claim and the date on which it appear lodges. GUIALIS received by the incident or complaint in question, shall be your answer.
B) GUIALIS has a service for troubleshooting or contractual claims, which may lend itself or through a third party.
C) Claims to which referred to above should preferably be studied by e-mail communication or by post email@example.com irrefutably, sent to the following address:
GUIALIS GLOBAL MEDIA, SL
Diente de Leon, 32 -02008- Albacete (Spain)
d) The interposition of any claim does not exempt the Customer from paying the price of the service.
a) GUIALIS be liable for errors and omissions of the elements that both parties consider essential in connection with the advertising media, to nullify his effectiveness, provided they are chargeable and will be communicated by the client in writing in a reliable way , within thirty working days from the date of broadcast advertising. To this end, GUIALIS remedied immediately and in any event within a period not exceeding seven working days, errors or omissions that were sent to it.
b) The Customer agrees to indemnify and hold harmless GUIALIS well and their suppliers, licensors, licensees, subcontractors, agents, representatives and employees, from any liability resulting from misuse by the customer of the service, or breach by it of any of the obligations regulated in the Agreement, including without limitation The breach of any representation or warranty, and are solely responsible for paying compensation for damages, if any, should be paid to third parties or GUIALIS.
12.1. The Client agrees that the use made of the contracted services will be performed at your own risk. Neither GUIALIS nor its information providers, licensors, licensees, employees, agents, representatives and subcontractors guarantee any results regarding the minimum number of users to contracts supports, nor the success of ads Customer or any information, service or product which has been delivered or is in relation to GUIALIS.
12.2. GUIALIS excluded in its own name and its suppliers, licensors, licensees, subcontractors, consultants, agents, representatives and / or employees any kind of warranty including, but not limited to: (1) accessibility, adequacy or content of the service contract and / or information, products or services accessible through the service; (2) satisfactory quality, merchantability and / or fitness for a particular purpose.
13.1. Responsibility for GUIALIS and its suppliers, licensors, licensees, employees, agents, representatives or subcontractors, for acts attributable to any of them, will be exclusively for direct damages caused by: failures in the provision, error, omission, interruption, loss, defect, lack of supply, computer virus, destruction, unauthorized access, alteration and unlawful use of the files. The responsibility for the damages actually incurred is limited to twice the amount of the net invoiced price of the ad or ads affected by the error or breach of contract and reduced price listed affected in proportion to the error committed.
13.2. GUIALIS, its information providers, licensors, licensees, employees, agents, representatives or subcontractors will not be responsible under any circumstances for any direct, indirect, incidental or consequential, arising from the contract, for the use by others of the contracted service and / or websites links, as well as for the acts, errors or omissions of third parties that GUIALIS through agreements, provides links to content, advertisements, or any other data or information.
13.3. GUIALIS shall have no liability for failure or delay in its performance in the event that the delay caused by labor come strike or lockout, supply restriction, riots, acts of terrorism, insurrection, fire, flood, storm, explosion, earthquake faults Internet, computer viruses, war, governmental actions or other force majeure that is reasonably beyond the control of GUIALIS.
14.1. For requests for modification of the announcement by the Client can be executed by GUIALIS shall be communicated electronically, either through the application enabled on the website or by e-mail through the letterbox firstname.lastname@example.org
14.2. The Customer may withdraw or cancel the contract,
To accept and consider that GUIALIS valid request for cancellation or rescission of the contract, the Customer must use the tool or application enabled on the website or send your request by e-mail dated and signed, email@example.com mailbox or postal address of GUIALIS spelled out in clause 2.2 of these conditions. Shall not be considered communicated to GUIALIS cancellation requests that are sent by other means.
For different products or ads through joint procurement or group contracted once hired, will not be allowed in any case, the partial annulment of the same by the Customer.
14.3. For different products through promotions or advertisements contracted by multiple contracts, once hired, will not be allowed in any case, the partial annulment of the same by the Client.
14.4. GUIALIS reserves the right to cancel, suspend or refuse an ad in the following cases:
a) Under requirement of judicial or administrative authorities.
b) When, in his opinion, the ad content was obscene, offensive or not in accordance with publishers website features or damage the image directory WEBSITE or third parties.
c) When appearing on the same ad and explicitly, more of a professional, business or trade name, without any effective relationship with the sole purpose of sharing rate this advert. In this regard, commercial or similar centers may not include in your ad ratio that comprise shops or advertising associated with or referees in the case of partnerships or professional associations.
d) When GUIALIS detects direct or indirect links to other delinquent Customer GUIALIS customers. For this purpose, the term "linkage": (i) the use by the Customer Number / s phone, mailing address, email address, trade names and other elements as previously reported as belonging to a delinquent customer of GUIALIS, except in cases where it has been expressly authorized by GUIALIS or fully justified corporate transactions, and / or (ii) in the case of corporations, having held the Customer the position or condition of director, partner, commoner and / or agent of the defaulting customer.
15.1. GUIALIS may proceed to amend the contents of the General Conditions, provided that there is a cause or reason to do so. In any case, the changes shall be notified by publication in http://www.guialis.co.in/site/page/view/contract_in, specifying, in any case, clearly, their motives and effects of all kinds. It is understood that there are sufficient grounds to justify the amendment where it intends to:
a) Extending the range or number of services that are made available from customers or improve existing contract.
b) Tailoring services under the progress that can be achieved due to the development of new technologies, or
c) Adjust any of these clauses to legislation, at all times, is in effect.
15.2. These general conditions or the particular, if applicable, shall not be modified except by special agreement, in written. The modified conditions come into force upon its publication, so that the contracts entered into after that time will be subject to the amended conditions.
15.3. In view of the above, we strongly recommend that you verify whether the conditions have been changed whenever it intends to contract with GUIALIS recommend.
16.1. The applicable law is the Spanish.
16.2. For the resolution of any dispute or litigation arising in connection with the performance of the agreement will be competent the Courts referred to in the contract. Any claim against GUIALIS derived from the agreement will be considered as an individual claim and cannot be accumulated to any action or litigation in any other third party.