These General Conditions regulate contractual relations between the customer and TCN24 SPAIN S.L./WilliWork (WilliWork™ by TCN24®). The General Conditions will be applied to all the agreements established between WilliWork™ by TCN24® and the customer in relation to products and services offered by WilliWork™ by TCN24®.
2. Entry into force, right to cancellation, rescission
This contract shall be considered indefinite and renewable annually.
The customer may terminate the contract at any time by informing expressly WilliWork™ by TCN24® with a minimum notice of ten (10) business days, proving their identity. WilliWork™ by TCN24® may terminate the Contract by the termination of the authorization to provide the service, or the breach by the customer of the obligations under this contract.
WilliWork™ by TCN24® can check the creditworthiness of the customer through automated procedures “scoring”, by obtaining data banks provided by the Client or through files creditworthiness and credit.
3. Authorization of access
WilliWork™ by TCN24® will grant the customer authorization of access, through a user ID and a password, to those applications of WilliWork™ by TCN24® that constitute the object of the corresponding agreement established between WilliWork™ by TCN24® and the customer. WilliWork™ by TCN24® will consider as a customer the person who uses the User ID and the password, regardless of whether said person really possesses authorization for access.
4. Prices and payment conditions
Invoices are repeated annually according to the contract. When placing invoices, the customer is obligated to make an immediate transfer. The customer accepts the issuance of electronic invoices by WilliWork™ by TCN24®. However, the customer can always ask for invoices in paper form.
5. Rights over intangible assets
All the copyrights and trademarks, as well as Know-how relating to the applications and online platforms of WilliWork™ by TCN24® correspond exclusively to WilliWork™ by TCN24®. In all those cases in which the contractual use of applications of WilliWork™ by TCN24® by the customer presupposes the use of intellectual property rights, trademarks and Know-how of WilliWork™ by TCN24®, they will be granted to the customer by WilliWork™ by TCN24® in a non-exclusive, non-transferable manner and with the necessary extension during the time of duration of the corresponding agreement. If the customer agrees with WilliWork™ by TCN24® on the use of the applications of third parties (see Point 12), this section will also apply in the same way to said applications. The rights of use of online applications and platforms of WilliWork™ by TCN24® and of applications of third parties (see Point 12), are granted personally and are non-transferable. All the documents, photos and templates prepared by WilliWork™ by TCN24® by the customer’s order will be the property of the customer.
6. Management and development of the application
The utilization and management of the online applications and platforms of WilliWork™ by TCN24® will be carried out by WilliWork™ by TCN24®. WilliWork™ by TCN24® may resort to third parties for the fulfilment of its obligations. WilliWork™ by TCN24® seeks to offer online applications and platforms of WilliWork™ by TCN24® that function with the fewest possible disturbances and that the interruptions of the same to solve problems, perform maintenance work, introduce new technologies and similar aspects, are as brief as possible. Further technical development will be exclusively subject to the criteria of WilliWork™ by TCN24®. The applications of third parties (see Point 12) will be utilized and managed by the corresponding third parties. Their further technical development will be subject to their criteria.
7. Data protection/Publication network
The customer authorizes WilliWork™ by TCN24® to integrate data as agreed, such as insertions data and data for press advertisements, including the corresponding elements, such as texts, graphs, images, drawings, etc., in the online platform of WilliWork™ by TCN24®, as well as in other online and offline services, own or of third parties. There is no right whatsoever to a publication within these media. WilliWork™ by TCN24® may interrupt, modify or eliminate at any time, and for any reason, the publication within the publication medium, without this involving any cost whatsoever. WilliWork™ by TCN24® may also use the insertions data for other purposes, own and of third parties, such as for the preparation of statistics, or to publish them in any other manner, saving them and processing them for this purpose. The customer expressly authorizes the direct and/or indirect transfer of the data necessary for the use of the applications of third parties (see Point 12) from the application of WilliWork™ by TCN24® to the application(s) of third parties, as well as the storage of said data in its/their data base(s) The customer expressly authorizes the use of the data by third parties. WilliWork™ by TCN24® agrees to observe the applicable regulations on data protection. WilliWork™ by TCN24® cannot fully guarantee the confidentiality, veracity and authenticity of the customer’s data published online. The customer especially acknowledges that personal can also be accessed in States not regulated by provisions on data protection that can be compared with those of Spain. The customer knows and accepts that WilliWork™ by TCN24® is authorized to compile and save all the data of and on customers that are necessary for the appropriate development of the contractual relationship, including contact data and information regarding solvencies. WilliWork™ by TCN24® agrees to observe the applicable provisions on data protection. In its web pages, WilliWork™ by TCN24® uses Google Analytics, an analytic web service provided by Google Inc. (“Google”). Google Analytics uses the so-called “Cookies” (text files), which are kept in the customer’s file and make analysis of the use of the website possible by the customer. The information generated by the cookie about the use of this website (including the customer’s IP address) is transmitted to a Google server located in the United States and is kept in it. Google will use this information to evaluate the use of the web page by the customer, compile reports about the activities of the web page for the operators of the page and provide other services related to the use of the web page and the use of Internet. Google may also transmit this information to third parties, when so required by law or when said third parties process this data through Google. Google will, under no circumstances, associate the IP address of the customer with other Google data. The customer can prevent the installation of cookies through a suitable configuration of his browser’s software (the corresponding Add-On can be downloaded from http://tools.google.com/dlpage/gaoptout?ht=de); WilliWork™ by TCN24® warns, however, that in this case it is possible that the customer may not be able to use all the functions of this web page. On using this web page, the customer grants his/her authorization for his/her data to be processed by Google in the manner and for the purposes indicated previously. The customer has knowledge of and is in agreement that the data relating to his/her contractual relationship with WilliWork™ by TCN24® can be transferred by WilliWork™ by TCN24® for processing to other companies that are included within the same business group.
8. Rights and obligations of the customer
The customer agrees to use the applications of WilliWork™ by TCN24® and of third parties (see Point12) in accordance with the laws and the provisions of the contract. The customer especially guarantees that:
• all the data he/she provides to WilliWork™ by TCN24® or to third parties will be supplied in the manner and with the quality required by WilliWork™ by TCN24®, according to the rules of insertion (see separate Chapter) ln of the corresponding applications;
• he/she is owner of all the information and data made available to WilliWork™ by TCN24® or to third parties, either directly or indirectly through third parties, such as graphs, photographs, etc., musical compositions, images, drawings, texts, software and sounds, and can use them within the framework of the contractual agreements with WilliWork™ by TCN24®;
• the data transmitted to WilliWork™ by TCN24® or to third parties are complete and true, and are maintained by him/her so that they are up to date at all times;
• he/she accepts the corresponding provisions of use.
WilliWork™ by TCN24® reserves the right to modify or to not process in its entirety for technical reasons the data provided by the customer. The customer transfers to WilliWork™ by TCN24® the exclusive right of use of the data provided. The data may not be used, imported or copied by third parties. The customer may not authorize third parties to use data taken from the WilliWork™ by TCN24® application that have been provided by him/her for the publication of the same on its platforms. Even in the event that the customer authorizes the third party to collect data of this type, WilliWork™ by TCN24® will not be obliged to allow said acquisition. If a third party should lodge a claim against WilliWork™ by TCN24® in relation to an agreement with the customer or in relation to data and/or advertising that was provided by the customer, the customer will be obliged to provide him, on first demand of WilliWork™ by TCN24®, with all the documents and information that WilliWork™ by TCN24® considers to be of use to reject the claims that have been presented. If a third party files a lawsuit against WilliWork™ by TCN24® in relation to an agreement with the customer or in relation to data provided by the customer, the customer will be obliged to adhere to the process, once the hearing has begun. The customer will have the obligation, in any case, to assume all the judicial and extrajudicial expense that are generated in relation to said claims by third parties, holding WilliWork™ by TCN24® free from any type of damages.
The customer may only claim before WilliWork™ by TCN24® the right to repair or correction when involving work that is regulated in accordance with the regulations applicable to contracts of execution of works. Redhibition and reduction are excluded. WilliWork™ by TCN24® excludes, whenever legally allowable, any responsibility for further damages caused by defects of the item.
The customer will assume all the risks that may be derived from manipulations in his data processing system, malfunctions in his data processing system and/or the misuse of access authorizations.
The customer will be fully responsible for the contents of the data he/she has supplied to WilliWork™ by TCN24®, such as in online advertisements or printed advertisements. WilliWork™ by TCN24® declines all responsibility for the contents of the customer. WilliWork™ by TCN24® does not especially assume any type of guarantee for the products and services offered, as well as the possible contracts that may be derived from it, such as purchase contracts. This will equally apply to online advertisements and printed material that is collected by WilliWork™ by TCN24® by order of the customer. WilliWork™ by TCN24® will only be liable in case of premeditation or serious negligence. WilliWork™ by TCN24® will under no circumstances be liable for damages derived and consequential damages. If in spite of acting with maximum care, WilliWork™ by TCN24® cannot attend to its contractual obligations as a result of the existence of circumstances of force majeure, such as natural phenomena, armed conflict, strikes, unforeseeable administrative restrictions, technical failures, which are attributable to the sphere of responsibility of third parties, the customer may not file claim regarding the fulfilment of the contract, while such circumstances continue. WilliWork™ by TCN24® will not be liable for misuse of Internet and the damages that may be caused by third parties to the customer due to it, nor for the security deficiencies and disturbances of the telecommunication networks of third parties and of Internet, as well as interruptions of operation and disturbances of the online applications and platforms of WilliWork™ by TCN24® and of third parties.
12. Use of application of third parties
The customer accepts, on using each of the applications of third parties integrated in the online applications and/or platforms of WilliWork™ by TCN24®, the corresponding conditions for use of said applications.
13. Prohibition of compensations
The customer is not authorized to make compensations of his/her credits with the credits of WilliWork™ by TCN24®.
14. Prohibition of assignment
The customer may not assign the contractual relationship established with WilliWork™ by TCN24® to a legal successor without written authorization from WilliWork™ by TCN24® to do so, and may not assign to third parties credits generated from the contractual relationship with WilliWork™ by TCN24® without the written authorization of WilliWork™ by TCN24®.
15. General provisions
The amendments and additions to written agreements which are different from the general commercial Conditions, from the corresponding conditions of use and of the corresponding rules of insertion, will require for their validity, the written form approved by both parties. This will apply equally to a possible waiver of the obligation to keep the written form. If any of the provisions of this agreement is null or impossible to carry out, this will only affect the nullity or impossibility of execution of the same, being substituted with a provision that is as similar as possible from an economic viewpoint to the regulation declared null or impossible to execute. The possible gaps of the corresponding agreement must be filled with regulations that are as close as possible to what the parties would have agreed on, taking into account their desires and objectives, if they had thought about the point corresponding to the time of conclusion of the agreement of reference.
16. Applicable law and competent jurisdiction
This contract will be exclusively subject to Spain law, excluding international law of conflicts. The exclusive place of fulfilment and the competent jurisdiction will be the corporate domicile of WilliWork™ by TCN24®. WilliWork™ by TCN24® may also file lawsuit against the customer at his/her corporate domicile/place of residence.
17. Rules of insertion
Please observe the rules of insertion indicated as follows, as well as the legal provisions (especially those of the Spanish Law on Unfair Competition, LCD, as well as the Terms of Publication). WilliWork™ by TCN24® reserves the right to cancel publications/advertisements, or part of them, that do not comply with the rules of insertion or the legal provisions.
• Each publication may only be inserted once at the same time.
• The advertiser must truly dispose of the offer/demand
• The data regarding the offer / demand contained in the publication must be true.
The price contained in the “Price” box must reflect the selling price to the end consumer; that is, the amount that the consumer must finally pay. Especially included in it is the value added tax (involving professionals) and possible applicable taxes. All provisions regarding the communication of prices must be observed in their entirety. Pictures of vehicles, videos of vehicles, photographs of loads, safety devices, original images in pdf of configurations of cranes and vehicles, videos and pdfs must show the vehicle really inserted. The original images must not be subjected to any type of treatment (excluding optimization of quality). It is not possible to use, especially, photos of catalogues, images of configuration, photos that do not come from the vehicle offered, logos, company signs, telephone numbers, names and slogans.
Addresses and contact information. In general, the following are not allowed: special numbers, 0900 numbers and foreign numbers, except for the Principality of Luxembourg.
Cancellation and new publication of existing advertisements. Cancellation of existing advertisements and their new publication immediately afterward is not authorized.
Changes. WilliWork™ by TCN24® reserves the right to introduce changes at any time in these rules of insertion.
18. Client access to promotions and enlargement or reduction of procurement modules.
All those conditions exist for access to the various promotions WilliWork™ by TCN24® will be established in detail, case by case and will be available to the client.
At any time the client may choose to expand, reduce or combine modules employed to this end we will proceed as follows; If during the course of the annuity force the customer chooses to extend the modules WilliWork™ by TCN24® bill the customer the result of deducting the annual amount of the new module, prorating the annuity and any discounts applied, the annuity accrued since the previous module. If the client decides to cancel one or more contracted modules derecognised users appropriate access permissions or not by WilliWork™ by TCN24® must pay any amount as compensation or reimbursement of any amount.
Edition: October 2017 – WilliWork™ by TCN24®