TERMS AND CONDITIONS

  1. PURPOSE

1.1 These Terms and Conditions set out the terms of the legal relationship between the trust service provider in accordance with Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC, LEYPALHUB, S.L. and the User acquiring the services and products, either by direct contracting through the website www.leypal.com or by contract perfected between the parties.

1.2 For contacting LEYPALHUB, S.L., the user may do so through the following ways:

  1. Via Postal Mail:
    LEYPALHUB, S.L.
    VAT Number: B67497909
    Consell de Cent 436 Street, 3-1
    Barcelona, 08013, Spain
  2. Via email:info@leypal.com

(hereinafter, “LEYPAL”)

  1. SERVICES AVAILABLE FOR CONTRACTING

2.1 LEYPAL as a Trust Service Provider makes available to Users the following services: Simple Electronic Signature, Simple Electronic Signature with OTP, Advanced Electronic Signature, Advanced Electronic Signature with OTP, Electronic Registered Delivery Services via email, Electronic Registered Delivery Services via SMS and services executed in Blockchain.

2.2 LEYPAL solutions are offered in different packages: BASIC, STANDARD, CUSTOM. Each package has different characteristics and functionalities preestablished, except for the CUSTOM package, which is tailored to the client needs. On the other hand, the BASIC and STANDARD accounts have a trial period of 7 days, limited to the creation of two users per domain.

2.3 The hiring of any of these services implies the prior and express acceptance of these conditions. The online contracting of the services offered through this website is subject to the provisions of the other applicable legal policies, such as the Legal Disclaimer, the Privacy Policy and the Cookies Policy.

2.4 While, in case of conflict between these policies and the Terms and Conditions, the Terms and Conditions will always prevail in any case. On the other hand, the User must consider, any other particular condition if such was negotiated between the parties.

2.5 Hereinafter, when we jointly refer to the website, blog and/or trusted services, as with any other product or service provided by LEYPAL, we will refer to these as LEYPAL.

  1. WHO CAN CONTRACT?

3.1 Regarding the processing of personal data , the provisions of the Privacy Policy will be followed, and the User may request the signing of a Data Processing Agreement, requesting such at the following address: info@leypal.com.

3.2 Hiring the services offered by LEYPAL can be performed by any natural person or legal person prior mandatory registration of the same on the platform of LEYPAL. If the user is logged as a natural person, it shall be applicable both, these Terms and Conditions and the provision of the regulation on protection of the consumers and users. If the user is a legal person, these Terms and Conditions shall prevail at all times.

3.3 Before proceeding with the contracting of the services of LEYPAL, as indicated in the previous section, it will be necessary for the User to register as a Registered User or Client and provide their billing information (when the services are paid ) and other data that are necessary to be able to provide the requested service or query, always in accordance with the principles of relevance and proportionality and other obligations established both in the Privacy Policy and in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR) or the Spanish Organic Law 3/2018, of 5 December, data protection Personal and guarantee of digital rights, and other regulations that develop or modify them, in order to process the service correctly and/or keep you informed or about the services or any other aspect related to them that might interest you.

  1. CONTRACTING PROCESS

4.1 In accordance with the provisions of article 23 of Spanish Law 34/2002, of July 11, on services to the information society and electronic commerce, confirmation of the contracting of services will be carried out through the activation of button “Accept Privacy Policy” and “Accept the Terms and Conditions”. In case of any doubt during the hiring process, the User can contact LEYPAL to be assisted by the corresponding personnel.

4.2 From the moment in which the acceptance of the Terms and Conditions occur, the User acquires the status of Client, if it was not already before, either because he had previously registered or because he had already hired one of the LEYPAL services previously and would not have requested the definitive cancellation.

4.3 However, any service offered subsequently by LEYPAL, not initially contracted by the User, must be the subject of a new contracting on its part as a Client, and the contracting conditions applicable to said service must always be validated and accepted.

4.4 If you wish to read the Terms and Conditions more carefully, they are always available on the LEYPAL website.

4.5 If the User authorizes the Terms and Conditions, he/she accepts that LEYPAL personnel can contact you to be able to assist you with the functionalities of the services offered by LEYPAL, and thus help you digitize and optimize your contracting and electronic signing processes. LEYPAL staff has receive data protection training and will always ensure the provisions of the Privacy Policy or the Data Processing Agreement signed in such case.

4.6 Recommendations and considerations to consider:

  1. The User is warned about the importance of reviewing and filling in all the requested fields at the moment in which he is going to hire or register as a User of our services. This will make it easier for you to benefit from discounts, promotions and other applicable benefits when you are required to obtain additional information.
  2. The User is expressly informed so that, in case of detecting any problem with their contact information, billing, application of discounts or any other situation that could affect their User profile or the contracting of the services, contact the LEYPAL team, via email info@leypal.com.
  3. Likewise, you are informed that, for legal reasons, LEYPAL archives the electronic documents in which the contracting of these services is formalized, that is, the validation by “click” of the Clients, when the User contracts the services offered.
  4. Indicate to the User that, in case of error in the sending of their data, they may modify them in their User profile within the LEYPAL platform itself.
  1. REQUIREMENTS FOR CONTRACTING

5.1 In order to be a User and/or Client of LEYPAL and to contract the services, the User must be at least 18 years of age, which is why any service contracted through LEYPAL by minors of age, will not be considered valid and the requested services will be automatically canceled without the possibility of requesting a refund or return for violation of this clause.

5.2 In the case of acting on behalf of a company or representation of a legal person, you expressly acknowledge having the authorizations and/or relevant powers of attorney for the contracting of our services, taking responsibility for the consequences that the breach of this could result.

5.3 By acquiring the services, the User and/or Client declares:

  1. That he/she is a person of legal age and with the capacity to contract.
  2. That you have read, understood and accept these Terms and Conditions and other regulations applicable to the contracting of LEYPAL.
  1. PRICE OF SERVICES

6.1 The price for the contracted services shall be communicated to you during the hiring process and once confirmed, you will receive proof of contracting, and if you need an invoice or any other type of proof, you can contact us by email info@leypal.com so that the corresponding personnel can contact you.

6.2 The services offered by LEYPAL are provided in credits which are spent on each petition request made by the Client.

6.3 The services of LEYPAL are provided through its dashboard or through API integration, in both cases requiring a user license that allows access to the dashboard or API to be able to use the services contracted during the term of the contract.

6.4 All prices offered will be final prices, however, they may vary depending on the offers and/or discounts associated with each service if such is applicable. Where appropriate, the User will be duly informed of any alteration in the price that may exist, and always prior to contracting.

6.5 Unless a different amount is detailed at the time of contracting, the total price for each of the contracted service modalities may vary depending on the VAT applicable to the buyer, with the buyer being understood as the natural or legal person that acquires or contracts some of the services through LEYPAL. In accordance with Spanish Law 28/2014, of November 27, which amends, among others, Spanish Law 37/1992, of December 28, on Value Added Tax, and pursuant to the provisions of the location rules introduced in Directive 2006/112/EC by Directive 2008/8 / EC of February 12, 2008, the domicile or habitual residence of the recipient of the provision of electronic services shall be taken into account.

6.6 LEYPAL warns the User that LEYPAL reserves the right to modify prices at any time, however, undertakes to apply the rates in force, indicated on the website at the time of ordering or contracting services by the Client and during the period for which that particular service was hired.

6.7 In the event that the Client has opted for payment services, once the User account has been created, it is informed that in accordance with the requirements of art. 27 of Spanish Law 34/2002 on Services of the Information Society and Electronic Commerce, the contracting procedure will follow the following steps:

  1. The Client will choose the rate that best suits his/her needs and, for this, he/she may choose one of the rates offered by LEYPAL through its website via email to info@leypal.com or telephone (+34) 930 094 598, where we will do our best to offer you the rate that best suits the service required.
  2. The Client must pay the amount corresponding to his order by:
    1. Credit card: entering your data in the virtual POS shown on the website. By choosing this method of payment, the Client confirms to be the cardholder used or authorized to carry out the transaction. Card payments are subject to the provisions of Spanish Law 16/2009, of November 13, on payment services, especially everything related to payment orders and the conditions for their revocation.
    2. Bank transfer: for which the Client must send an email to info@leypal.com expressly requesting this payment method.
  3. Aspects related to payment systems:
    1. If the User opts for card payment: the contract cannot be taken into account and will not be processed until the payment has been authorized by the corresponding bank or cashier. Online payment by credit card is made through the “Secure Socket Layer” security system, which encrypts the User’s bank details when they are transmitted over the internet. For security reasons, all orders paid by bank card are verified.
    2. If the User makes the order and/or acceptance of the purchase by bank card, they must provide the credit or debit card details, the expiration date, the CVV2 / CVC2 (the three (3) security digits that appear in the back of the card), as well as the name of the cardholder.
    3. The User is informed that the technical and safety measures corresponding to this type of services are adopted.
  4. Once the payment method has been requested and the Client has proceeded to its liquidation, LEYPAL will extend the corresponding invoice that will contain the information corresponding to the license or service that the Client has contracted. Whether the purchase was made by an end user or by a company, in both cases, the breakdown corresponding to the Value Added Tax will be included if applicable.
  1. DURATION OF THE SERVICE

7.1 The duration of the service will always be for the period selected within our platform and will also be paid according to the chosen form. In the event of an early resolution by the Client, he/she will lose the amount paid up to that moment as a penalty. Likewise, the request for early resolution by the Client does not release the same from any other payment due.

7.2 At the end of the term, the renewal will be automatic, except that any of the parties expressly communicate their will not to continue and with one month prior to the expiration of the contract.

  1. TEST PERIOD

8.1 LEYPAL offers a free trial period for the BASIC and STANDARD packages of 7 calendar days, so after this period, if the Client does not want to continue using the services, he must immediately indicate it to LEYPAL, since otherwise it will be understood that you continue with the contracting of the service.

8.2 During these initial 7 days, LEYPAL will not charge for the service, so if the Client gives up services during that period, no amount must be returned by LEYPAL.

8.3 In the event that the trial period has elapsed and the Client continues to use the services of LEYPAL, or from the beginning he has chosen to hire the services of LEYPAL, the way in which he could cancel the services of LEYPAL is explained in the following section.

8.4 To communicate a cancellation, the User must follow the following instructions:

  1. Send an e-mail to the address info@leypal.com in which you must indicate the reason for the withdrawal, the contracted mode and the contact email address, or press the unsubscribe button in your dashboard.
  2. Section 7.2 must be taken into account
  3. The return or resolution of the service during the established 7-day trial period will not give rise to compensation or any economic refund, all based on the fact that there will have been no compensation between the parties at this time. In the rest of the cases, the Client will lose the amount paid up to that moment as a penalty. Likewise, the request for early resolution by the Client does not release the same from any other payment due.
  1. WARRANTS

9.1 The services provided by LEYPAL and this website comply with the highest Internet security standards, including maximum server security, such as data and documentation encryption, and HTTPS security protocols in all contracting and registration processes.

9.2 LEYPAL is especially involved and aware of ensuring the confidentiality of the data and information provided by its Clients, which is why it has implemented all the necessary technical and organizational measures to minimize the risks of loss of personal data and/or confidential information. For more information, the User can see the Privacy Policy.

9.3 LEYPAL has an Information Security Management System pending audit to obtain ISO 27001.

9.4 LEYPAL has a Quality Management System pending audit to obtain ISO 9001.

  1. RESPONSIBILITIES OF THE CLIENT OR USER

10.1 The Client undertakes to pay in advance the amount for the service actually requested in the amount and manners indicated in these Terms and Conditions.

10.2 The Client must make good use of the platform and service offered by LEYPAL. obliging himself/herself to use the services offered on this website, blog and solution in a lawful manner and without contravening current legislation or injuring the rights and interests of third parties.

10.3 Likewise, it guarantees the veracity and accuracy of the data provided when filling out the contracting forms, avoiding the creation of damages to LEYPAL as a result of their incorrectness.

10.4 When contracting services, the User will always be of legal age, an indispensable requirement to be able to contract LEYPAL services.

10.5 You will also be responsible for respecting the conditions, form or execution of the services detailed in these Terms and Conditions, and when applicable any special conditions.

10.6 The User is also responsible for making good use of their User profile and password to access the platform, committing to make diligent use of them and keep them conveniently so that they are not available to third parties, as well as to communicate to LEYPAL your loss, theft or possible access by an unauthorized third party, so that it can proceed to immediate blocking.

10.7 The Client may not misuse the services offered by LEYPAL in any way, especially for sending documents to recipients who, among others and by way of example:

  1. May damage or violate the rights of minors.
  2. Contain threats, harassment or insults.
  3. Be considered adult or pornographic material.
  4. Assume the performance of fraudulent activity or the sending of a virus.

10.8 It is the responsibility of the User to inform third parties with whom he/she interacts through LEYPAL, about the use of the platform, the present Terms and Conditions and the Privacy Policy, and to comply with the applicable legislation on the protection of data when operating as data controller. In accordance with the foregoing, LEYPAL will not be responsible for the consequences that may result from this breach.

10.9 Failure to comply with any of these conditions may result in the immediate cancellation of services by LEYPAL without giving the User or Client the right to request any kind of compensation.

  1. RESPONSIBILITIES OF THE TRUST SERVICE PROVIDER

11.1 LEYPAL shall be responsible for:

  1. Providing the service in the manner and according to the characteristics offered through the platform and the provisions of these Terms and Conditions in accordance to the services contracted by each User.
  2. Adopt the appropriate security measures, protecting the confidentiality of the data and information of its Users and/or Clients as provided in this text and other applicable legal policies with the greatest possible diligence.
  3. Adopt the corresponding security measures, both as data controller, and as the data processor when applicable, taking into consideration the intervention and purpose of the processing of the data carried out by it and that is established in our Privacy Policy.
  4. It will also be responsible for complying with the provisions of the conditions of each contracted service, when these are applicable.

11.2 Including but not limited, LEYPAL, will not be liable in any case in the event of:

  1. Misuse or abuse by the User of the information obtained through the services contracted with LEYPAL.
  2. Damages that have occurred as a result of the use of the information extracted from the services offered by LEYPAL.
  3. Documents not suitable for signature, uploaded or published by the User and sent to the recipient without it being able to sign in a valid and/or adequate manner in accordance with the criteria established by law.
  4. Errors, delays in access by the Client when entering their data in the request or receipt form by the recipients of the document or any delay, failure or anomaly that may arise when these incidents are due to actions of the User or Client, problems in the Internet network, fortuitous causes, force majeure or any other unforeseeable contingency and not in the good faith of the company.

11.3 LEYPAL undertakes to solve the problems that may arise as long as they are due solely and exclusively to a problem in the LEYPAL system, collaborating in everything that is necessary so that the Client can benefit from a quick resolution of the incident, and being able to contact LEYPAL when required to email info@leypal.com.

11.4 Failures and incidents that may occur in communications, erasure or incomplete transmissions given that there may be network outages or other situations for which LEYPAL is not directly responsible, LEYPAL cannot assume responsibility for it or guarantee that the services of the website are constantly operational, being exempted from any damage that this could cause.

11.5 LEYPAL reserves the right to suspend access without prior notice on a discretionary basis and on a definitive or temporary basis until the assurance of the effective responsibility for the damages that may occur when any situation is detected in which the User and/or Client does not have acted diligently and/or has taken advantage of the functionalities of the website, blog or services provided by LEYPAL in any way that may have caused any damage.

11.6 Under no circumstances will LEYPAL be liable for data processing that has not been previously informed or for which the relevant measures have not been taken when the third party is the data controller; that is, when LEYPAL acts as the data processor. However, it must comply with its own obligations and responsibilities under the provisions of the applicable regulations in relation to data protection.

11.7 Likewise, and in accordance with current legislation, it is stated that LEYPAL, even if it is not responsible for the damages that may have been caused, both to the company and to third parties, will collaborate and notify the competent authority of this type of incident as soon as it has reliable knowledge that the damages caused may constitute illegal activity.

  1. INTELLECTUAL AND INDUSTRIAL PROPERTY

12.1 All rights to the contents published by LEYPAL on its website are protected by copyright, intellectual and industrial property.

12.2 LEYPAL claims ownership of the website, blog and solutions provided related thereto and declares that they have been developed and made by LEYPAL, and that it has the appropriate licenses and permits to make use of any content included on the Web, as well as the programming code, design or materials associated with its services.

12.3 The articles, contents, images or logos of the company are either owned by LEYPAL, or by the persons or companies that have expressly authorized their publication; or they are owned by people or companies that are subject to licenses that allow us to use these elements.

12.4 Without the express and written consent of the LEYPAL, it is prohibited the reproduction, transformation, distribution, public communication, making available to the public, sale or other uses other than those expressly authorized by LEYPAL, in the policies and other notices published in its web page and/or blog, whether commercial or otherwise, when they involve the exploitation of content other than that provided, the User may, for example, mention and mention on social networks, the publications displayed on the blog, as long as these quotes are accompanied by the source and/or the author.

12.5 LEYPAL, S.L is the owner and legitimate owner of the community trademark titles “LEYPAL” and “LEYPAL, Digital Legal Service”, registered with the European Patent and Trademark Office.

12.6 As a User or Client, you may not use the trademark of LEYPAL, domain name, slogan or any element that configures the corporate identity of the same, without requesting express permission for it from LEYPAL, except when LEYPAL is mentioned in social networks or as a source for the publication of content.

  1. AUTHORIZATION TO LEYPAL FOR THE USE OF THE CLIENT’S IMAGE RIGHTS AS A CLIENT OF LEYPAL

13.1 The Client accepts, by accepting these Terms and Conditions that LEYPAL may use its corporate image (logo) as a Client of LEYPAL in the different means of promotion that it uses in order to present and/or promote its services before third parties, such as web page and/or blog, social networks, catalogs and/or corporate brochures, among others, committing LEYPAL to treat them respecting, at all times, the right to honor and brand image of the Client, and following any guidelines that may it may receive.

13.2 Likewise, the Client authorizes LEYPAL to collect their logo and/or use their contact information and publish them, and may even include a link or link that redirects those who wish to access the Client’s website through the different corporate media used by LEYPAL (for example, publishing the Client’s logo on the LEYPAL website accompanied by a link that from there directs the user to the Client’s corporate website).

13.3 This will not imply any transfer of the Client’s brand but only that they may be used for the exclusive purposes set forth above.

  1. APPLICABLE LANGUAGE

14.1 In the case of divergences between the Spanish version of the general conditions and their possible translations, the Spanish version will prevail in any case since the service provider, LEYPAL, is in Spain.

  1. MODIFICATIONS TO THESE CONDITIONS

15.1 LEYPAL may make changes and/or modifications to these conditions when it deems it convenient and/or necessary and in accordance with market conditions or legal requirements and/or regulatory changes that may apply.

15.2 Updates and/or modifications will be duly communicated and notified to Users, thus guaranteeing the principles of publicity and transparency and the rights of consumers and/or Users.

15.3 Notwithstanding the foregoing, the conditions that were published at the time of contracting each service will apply to the Client.

  1. MISCELLANEOUS

16.1 The headings of the different clauses are only informative, and will not affect, qualify or extend the interpretation of the conditions of use.

16.2 If there is a discrepancy between what is established in these conditions of use and the particular conditions of each specific service, the provisions of the latter will prevail.

16.3 In the event that any provision or provisions of these terms of use were considered null (s) or unenforceable, in whole or in part, by any Court, Tribunals or competent administrative body, said nullity or in application will not affect the other provisions of the conditions of use or the particular conditions of the different services of LEYPAL.

16.4 The non-exercise or execution by LEYPAL of any right or provision contained in these conditions of use will not constitute a waiver thereof, unless acknowledgment and written agreement on your part.

  1. APPLICABLE LAW AND JURISDICTION

17.1 These general conditions are governed by Spanish law. For the determination of the place of conclusion of the contract for the provision of services to which these Terms and Conditions are subject to the provisions of article 29 of Spanish Law 34/2002, of July 11, on services of the society of Information and electronic commerce.

17.2 Thus, if any conflict or discrepancy arises in the interpretation or application of these contractual conditions, the Courts and Tribunals that, where appropriate, will be aware of the matter, will be those established by the applicable legal regulations in matters of competent jurisdiction.

17.3 In the case of consumers, natural persons, the competent court shall be the place where the latter has his habitual residence; while in the case that the end User or Client is a legal person, the competent court will be the one that corresponds to the city of Barcelona.

18. SUBJECTION TO THE REST OF LEGAL POLICIES AND CONDITIONS

18.1 These conditions are complemented by the rest of the legal policies established on the website, such as the Legal Disclaimer, Privacy Policy and Cookies Policy, in addition to any possible particular contracting conditions applicable to each specific case, , if applicable, as well like any other that is necessary to add or complement, in accordance with the provisions of the legislation in force at any time.

Version 1.0. October 1st, 2019