Definitions
SaaS: Software as a Service. Application Service Provider, provides the ability to use a Web application exclusively over the Internet.
Web application: A sequence of instructions or indications intended to be used, directly or indirectly, in a computer system to perform a function or task or to obtain a certain result, whatever its form of expression and fixation. The interface is a Web browser, and execution occurs at the Application Services provider.
Customer data / Database: Collection of data arranged in a systematic or methodical manner and accessible individually only by the customer via the web application.
User: A person who has the right to use the program by being authorized to do so exclusively through the Internet, using a Web browser.
Content of the service
– The service will include:
- Internet access to the service, applications and contracted users, using a browser and allowing access by using an access key, for each of the users, these keys will be provided by IMTLazarus.
- Access to the support service within working hours, according to the working calendar of IMTLazarus (in the event that it is an Authorized Distributor of IMTLazarus who invokes the provision of services, the services related in this clause will be provided directly by him).
- The customer will receive, for information purposes only, the text of the news related to the contracted service and a brief summary of their content, being used for this purpose as a communication channel exclusively e-mail (IMTLazarus is not responsible for the information provided, as the only valid texts are those published through the old.imtlazarus.com website).
- Server system administration on the Internet: including its updates.
– NOT to be included in the service lease:
- The adaptation of the Web application, the special circumstances of the Client or to new needs arising with the use.
- The incorporation of the elements necessary to adapt to technological developments in the user’s device: latest versions of operating systems, internet browser, internet connection, etc.
- Travel expenses of technicians, if agreed as a result of the provision of the service.
- Tasks necessary to restore the previous situation resulting from incorrect operations by the Customer or third parties that result in loss of information, destruction or disorganization of data.
- The correction of anomalies that have no causal relationship with the service.
Description and conditions of access to the service
- Access conditions: The customer will receive the access data to use the service (In addition, the customer will have an additional code and key to manage their customer account data, such as assigning access rights to users, checking access logs, etc.).
- The users will be able, through the Web application to process all the data provided in accordance with the above clauses, being able to carry out all calculations and processes related to this contract.
- You may not license, sublicense, sell, resell, transfer, assign, distribute, otherwise commercially exploit or make the Service or Content available to third parties.
- The customer may not modify the service or content or perform work derived from them.
- The customer may not modify the service or content or perform work derived from them.
Guarantee, liability and confidentiality
- The Web service provided via the Internet may be subject to failures in the server infrastructure, the Internet network and other programs installed on the client device from which they connect to the service.
Such errors may also be due to the large number of different cases that may occur and the need for the Customer to use the service immediately, so that there is not enough time between the publication of the standard and its incorporation into new versions to test all possibilities or cases.
IMTLazarus. It guarantees the free correction, for customers who have signed this service contract, of all those errors that can be proven in a reliable way that are communicated to you. The corrections will be automatically incorporated and thus made available to customers in the Web application. - Nor will it be attributable to IMTLazarus, the alteration of speed and quality of communications.
- In any case, IMTLazarus shall not be liable for any damages or losses that are not solely and exclusively attributable to IMTLazarus, nor for the loss of profit not obtained by the customer.
For this reason, it is the responsibility and due diligence of the client to take out insurance policies that he believes are necessary to cover the above situations. - IMTLazarus is obliged for an indefinite period to keep secret and maintain the strictest confidentiality on all information, property of the Client, to which it has access as a consequence of this contract.
- IMTLazarus without the prior express consent of the Customer, will refrain from performing any activity such as reproduction, use, conservation, modification or of any other kind, with the information received, property of the Customer, for purposes other than the strict performance of this contract.
- In no case may third parties access the data, property of the client, to which IMTLazarus has access, without the express consent of the Customer.
- Except as provided above, the liability of IMTLazarus for damages directly attributable to the contracted service provision shall be limited to the initial instalment price and instalments equivalent to a period of one year.
- In any case the user accepts that the contracted service is a tool intended to complement, but not to replace human labor, for this reason it is the obligation of the user to perform a sampling on the results obtained with the use of the application. In the event that the user detects an error, he must inform the company IMTLazarus who will solve it free of charge for those customers who have signed the maintenance contract. The Customer will be solely responsible for the proper functioning of its equipment and systems, cannot impute to IMTLazarus any responsibility for these reasons.
Circumstances beyond our control
Neither party shall be liable to the other party or third parties for damages caused or losses resulting from the delay or inability to perform its legal or contractual obligations, in the event of any unforeseen or foreseeable circumstance occurring that is unavoidable because it is beyond its control.
In connection with the use of the IMTLazarus service does not guarantee:
- That it will always be safe, timely, uninterrupted, error-free or work in combination with any other hardware, software, system or other data.
- That it will meet the requirements or expectations of the Client.
- That the data stored will be accurate and reliable.
- That the quality of products, services, information or other material acquired or obtained by the Customer through the SaaS service will meet the requirements or expectations of the user.
- That the service/s provided by other telecommunications operators, which make the IMTLazarus service available, will not have defects or other harmful components.
The services of IMTLazarus may be subject to limitations, delays and other incidents inherent in the use of the Internet. IMTLazarus shall not be liable for damages resulting from such incidents.
Protection of personal data
PROCESSING OF PERSONAL DATA OF THE CLIENT.
The service allows you to enter documents and information of your own, which belong and are the sole responsibility of the client. IMTLazarus as an application service provider, has the obligation to comply with the obligations provided under the GDPR/ LOPD and the legal regime in force on the matter.
Cloud computing
IMTLazarus or, where applicable, its Providers, to provide cloud computing services may involve access to personal data. It is a mixed mode of cloud computing, a private cloud, where independent networks are created for customers within a high availability platform.
Through IMTLazarus, a SaaS (Software as a Service) model is offered to customers.
To provide the service IMTLazarus has subcontracted part of it with several suppliers.
Liability of the final customer
- a) Facilitate maintenance work. The Client will provide access and keys to the specialists of IMTLazarus to its pages of the Web application during the term of this contract, in order to facilitate the contracted support services.
- b) The customer will be responsible for all activities carried out with his user accounts and their use.
For this reason, the customer will be solely responsible for the accuracy, quality, integrity, legality and reliability of his data, as well as the intellectual property or the right to use them, and IMTLazarus will not in any case be responsible for the deletion, correction, destruction, the damage or loss of customer data or that such data has not been saved. Upon termination of the contract for a justified reason, the Customer will immediately lose the right to access and use the data.
IMTLazarus shall have no obligation to store or send such data. IMTLazarus reserves the right to withhold, delete and/or discard Customer Data without prior notice if there is any breach by you, including but not limited to non-payment.
Duration of licence contract, suspension of contract
This contract will have a duration of one year or two years according to the option chosen by the Customer during the purchase/subscription process.
In case of non-payment of any term or fee issued by IMTLazarus at the expense of the customer, IMTLazarus is entitled to suspend the contracted service, without prior notice, until the customer does not pay the outstanding amounts. Therefore, for the duration of the default situation IMTLazarus will not be obliged to provide the contracted service.
Termination of the licence agreement
This contract will be terminated for the general causes established by the Law and in particular, for breach of the obligations referred to in it.
Once the project has been approved, cancellation of the project will not be accepted. The client can make use or not during his stay.