Terms and Conditions

Services provided by Certyfirma

1.1.
Ámbito y objeto de las presentes condiciones.
Where do these conditions apply?

These general conditions are intended to regulate the relationship between the owner of this website and its registered users or customers, from the hiring of services derived or requested through the website www.certyfirma.comfor the provision of services by iCommunity, Trusted Services Provider, and/or the use of trusted services by the interested party, as well as the use and enjoyment of the rest of the services that you will find presented on our website. As stated in the Legal Notice and our Privacy Policy, this website, the blog and the signature solution, as well as the domain associated with this page, belong to the company listed in the box below, who is up to date with its tax and fiscal obligations.

To contact the team, the User may do so through the following contact details:

iCommunity Labs and Tech
CIF : B88350897
C/Colmenares 3, BJ-D
28004, Madrid (Spain)
Email:info@certyfirma.com

As stated in theLegal Notice, the purpose of this website is to present and make available to the User the service of Advanced Electronic Signature based on digital identity and Blockchain registration.

Certyfirma’s electronic signature service is offered under different subscription modalities: Startup, Business and Enterprise with different features and functionalities.

The contracting of any of these services implies the prior and express acceptance of these conditions at the appropriate time that will be indicated.

The online contracting of the services offered through this website is subject to the provisions of the other applicable legal policies, such as theLegal Notice, thePrivacy Policyand theCookies Policy. However, in case of conflict between those and these general conditions, the latter will always and in any case prevail over the previous two.

The User must also take into account the particular contracting conditions that will be detailed, if applicable, at the moment of contracting the service, and that Certyfirma will accompany together with the specific offer of products or services made, separately.

From now on, when we refer jointly to the web page, blog and/or trust services, as well as to the rest of the services provided by Certyfirma, we will refer to them as Certyfirma.

1.2.
¿Cuál es el objeto de estas condiciones?

These conditions regulate and detail the rules to be taken into account by the User when contracting services.
Each service has different characteristics or particularities that are described on the website, as well as in this document, which must be validated by the user, prior to the actual contracting.
At the same time, prior acceptance of the contracting of services by the User, he/she will be conveniently informed and must validate the corresponding particular conditions, if applicable.

Who is a Customer and/or Consumer?

The contracting of the services can be carried out by any individual or legal entity after mandatory registration on the Certyfirma platform.

If the User registers as a natural person, both these conditions and the provisions of the regulations relating to the defense and protection of consumers and Users shall apply.

If the User acts as a professional or legal entity, these terms and conditions shall prevail at all times.

With regard to the processing of personal data, the provisions of point 7 of theLegal Noticeand the explicit provisions of ourPrivacy Policy shall apply.

Operation of services

2.1.
Lectura y aceptación de las condiciones generales
2.1.1.
Alta como Usuario y registro

Before contracting Certyfirma’s services, as indicated in the previous section, the User must register as a registered User or Client and provide their billing information (when the services are paid services) and other information necessary to provide the requested service or query, always in accordance with the principles of relevance and proportionality and other obligations established in Privacy Policyas 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 or Organic Law 3/2018 of 5 December on Data Protection 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 about the services or any other aspect related to the same that may be of interest to you.

The User will initially be able to register using his/her name and surname and an e-mail account, without prejudice to the fact that, after this step, he/she will have to provide other data through the platform.
For example, to register for a Startup, Business or Enterprise account, it will also be necessary to fill in the “Company”, “Position” and “Telephone” fields.
Don’t worry, the platform itself will indicate the required fields (see recommendations point 2.1.3).

2.1.2.
Aceptación de las condiciones

In accordance with the provisions of Article 23 of Law 34/2002, of July 11, 2002, of services to the information society and electronic commerce, the confirmation of the contracting of services will be made through the activation of the button “I accept the privacy policy and contracting conditions”.
This button will appear once the User has selected the services in which he/she is interested and before he/she is going to proceed to the payment or to confirm his/her intention to contract.

This will allow the User to download, read and verify the contracting conditions and thePrivacy Policy, and if applicable, to accept each and every one of them before continuing with the contracting of the services and without prejudice to the application of the modifications in the clauses on general conditions that may be generated subsequently.

From the moment in which the acceptance of the Contracting conditions takes place, the User acquires the condition of Client, if he/she was not already a Client before, either because he/she had registered at the time or because he/she had already contracted any of Certyfirma’s services previously and had not requested the definitive cancellation.

However, any service subsequently offered by Certyfirma, not initially contracted by the User, must be the object of a new contracting by the User as Client, having to validate and accept the contracting conditions applicable to said service at all times.

If you wish to read the general conditions in more detail, they are always available on Certyfirma’s website.

Once these general conditions have been expressly accepted and the required services have been contracted, Certyfirma will send the User an email confirming the contracting, where a hyperlink to the present general contracting conditions policy is attached.

If the User so authorizes, Certyfirma may also send him/her, where appropriate, any offer, promotion or information that may be of interest, as well as manage any other information that may be necessary, when so authorized.

2.1.3.
Recomendaciones y consideraciones a tener en cuenta

The User is warned about the importance of reviewing and filling in all the requested fields at the moment he/she is going to proceed to contract or register as a User of our services.
This will make it easier to benefit from discounts, promotions and other applicable benefits when they are required any additional data for it.

The User is expressly informed that, in case of detecting any problem with their contact details, invoicing, application of discounts or any other situation that could affect their User profile or the contracting of services, they should contact the Certyfirma team by e-mail atinfo@certyfirma.com.

Likewise, you are informed that, for legal reasons, Certyfirma files the electronic documents in which the contracting of these services is formalized, that is, the validation by means of “click” of the Clients, when the User contracts the services offered.

Indicate to the User that, in case of error in the sending of his/her data, he/she may proceed to modify them in his/her User profile within the Certyfirma platform.

2.2.
Requisitos para la contratación:
2.2.1.
Mayoría de edad

In order to be a Certyfirma User and/or Client and contract the services, the User must be, at least, of legal age.

Spain establishes the age of majority to contract in the age of 18 years old, reason why, any service contracted through Certyfirma under age, will not be considered valid.

In this sense, if it is detected on any occasion that a minor has contracted any of the services offered by Certyfirma, the service will be automatically cancelled and refunded, or the price paid, as the case may be.

Please, if you detect or have knowledge of the contracting of any of the services offered by this page by a minor, please report it to the following addressinfo@certyfirma.com withas many details as possible and as soon as possible.

In the case of acting on behalf of a company or representing a legal entity, you expressly acknowledge having the pertinent authorizations and/or powers for the contracting of our services, taking responsibility for the consequences that may arise from non-compliance with this.

2.2.2.
Requisitos y/o manifestaciones formales

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

  • That he/she is a person of legal age and has the capacity to contract.
  • That he/she has read, understood and accepts these General Contracting Conditions and other regulations applicable to Certyfirma’s contracting.

Price of services

3.1.
Precio y servicios

The price for the contracted services will be communicated to you during the contracting process and once confirmed, you will receive by e-mail proof of the contracting, attached to it a hyperlink to this contracting policy. The services offered by the Provider are provided by credits which are spent on each signing process request made by the Client. Likewise, credits not consumed during the duration of the contract will expire at the end of the contract. In turn, in case of renewal for a volume lower than that of the previous period, the unit price of each request will be increased by a percentage equivalent to half of the contracted percentage decrease.

Certyfirma’s services are provided through its dashboard or through API integration, requiring in both cases a user license that allows access to the dashboard or API in order to use the contracted services during the term of the contract.

3.2.
Impuestos aplicables

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

Unless a different amount is specified at the time of contracting, the total price for each of the service modalities contracted may vary according to the VAT applicable to the purchaser, being the purchaser the individual or legal entity that acquires or contracts any of the services through Certyfirma.

In accordance with Law 28/2014, of 27 November, which amends, among others, Law 37/1992, of 28 December, on Value Added Tax, and by virtue of the provisions of the localization rules introduced in Directive 2006/112/EC by Directive 2008/8/EC, of 12 February 2008, the domicile or habitual residence of the recipient of the provision of electronic services shall be taken into account.

Certyfirma informs the User that at all times and prior to contracting the service, he/she will be informed through our platform of the amount corresponding to said VAT, if applicable, and that the same will be reflected in the contracting summary and/or particular conditions that will be sent to him/her.

3.3.
Cambios en el precio

To warn the User that Certyfirma reserves the right to modify prices at any time, however, it undertakes to apply the current rates indicated on the portal at the time the order is placed or services are contracted by the Client and during the term for which the specific service was contracted.

Contracting procedure

4.1.
Registro previo

The User, in order to access the services offered by Certyfirma, must register through the website by creating a User account.
To do so, he/she must freely and voluntarily provide the personal data required.
To register, it will be enough to indicate an e-mail address and a password.

4.2.
Trámites o siguientes pasos

The User, in order to access the services offered by Certyfirma, must register through the website by creating a User account.
To do so, he/she must freely and voluntarily provide the personal data required.
To register, it will be enough to indicate an e-mail address and a password.

The steps to follow for the use and enjoyment of each one of our services will be indicated in the particular contracting conditions, if applicable.
In any case, the general route that the User must follow in order to formalize the contracting and start enjoying our services, will be the following:

    1. User registration on the platform and reception of a welcome email.
    2. Selection of contracted services through the platform itself.
    3. On-screen view of the summary of the contracted services and prices associated with them, followed, if applicable, by a breakdown of applicable taxes.
      Subsequent reference to these general contracting conditions, as well as to the particular ones, for those cases in which this is applicable.
    4. Express acceptance of the contract by the Client.
    5. Sending of an email including a summary of the contract in which a hyperlink to the present policy of general conditions of contract is attached.
4.3.
Elección de servicio y forma de pago

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

The Client will choose the tariff that best suits his needs and, to do so, he may choose one of the standard tariffs offered by Certyfirma through its web page or contactinfo@certyfirma.com, where we will do our best to offer the tariff that best suits the required service.

The Customer must pay the amount corresponding to his order by means of:

  • Credit card: by entering your data in the virtual POS displayed on the website.
    By choosing this means of payment, the Customer confirms that he/she is the holder of the card used or is authorized to carry out the transaction.
    Card payments are subject to the provisions of Law 16/2009, of November 13, 2009, on payment services, especially with regard to payment orders and the conditions for their revocation.
  • Bank transfer: for which the Customer must send an e-mail to info@certyfirma.com expressly requesting this method of payment.

Aspects related to payment systems:

  • If the User chooses to pay by credit card: 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 credit card are verified.

More information:

  • If the User places the order and/or accepts the purchase by bank card, he/she must provide the credit or debit card information, the expiration date, the CVV2/CVC2 (the three (3) security digits on the back of the card), as well as the name of the cardholder.

The User is informed that the technical and security measures corresponding to this type of services are adopted.

4.4.
Facturación

Once the payment has been effectively made, the corresponding invoice or sales receipt will be issued, which 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, if applicable, will be included.

Length of service

The duration of the service will always be for the term selected within our platform and will also be paid according to the chosen form.
In case the Client decides to terminate the service contracting without a justified reason and before its expiration, the company owner of Certyfirma will be attributed the amounts already paid by the Client up to that moment as a penalty and the request for early termination by the Client does not release the Client from any other payment due.

At the end of the term, renewal shall be automatic, unless either party expressly communicates, one month prior to the expiration of the contract, its desire not to continue with the contract.

Terms of delivery of services

6.1.
Aspectos generales

The delivery of the service is carried out by the Certyfirma team to the Clients through the e-mail address indicated by the User when registering in the Web Page and contracting the services.

Thus, once the service has been requested and following the steps and instructions that will be displayed on the platform, the User will receive an e-mail with the confirmation of the contracted service, after receiving it, he/she will be able to start using the platform.

6.2.
Problemas con la entrega de los documentos

If the User finds that the application gives an error or any type of problem that he/she is not aware of, please contact the Certyfirma team atinfo@certyfirma.com, so that they can advise him/her conveniently or, if necessary, solve the incident that may have occurred.

Returns and/or cancellation

7.1.
Aspectos generales

The User undertakes to check that he/she has received all the documentation detailed herein once the service has been contracted.
In case of any doubt, please contact Certyfirma’s team through the web or by e-mailinfo@certyfirma.com.

As a general rule, neither the return of the services nor the exercise of the right of withdrawal shall be possible, except in the cases referred to in point 7.2 below.

7.2.
Supuestos de devolución y/o desistimiento

Certyfirma offers a free trial period for the Business and Enterprise solutions of 7 calendar days. After this period, if the Client does not want to continue using the services, he/she must immediately inform Certyfirma, since, otherwise, it will be understood that he/she continues with the contract and he/she will be informed by means of an e-mail to the e-mail address he/she has provided.

During these 7 initial days, Certyfirma will not proceed to charge for the service, so if the Client cancels the services during this period, Certyfirma will not refund any amount.

Given the personalized and individualized nature of the rest of the services offered, no cancellation or refund will be possible in the rest of the cases.

7.3.
Procedimiento para el desistimiento

To communicate a withdrawal, the User must follow the instructions below:

  1. Send an e-mail to the addressinfo@certyfirma.comin which you must indicate: the reason for the cancellation, the type of contract and the contact e-mail address together with the cancellation form that can be downloaded in this document.
  2. Once we receive your request for withdrawal, it will be analyzed and we will proceed to answer the User within a maximum period of FIVE (5) days.

In no case shall it be understood that the User’s request for withdrawal is valid outside the cases detailed in this point, which, if not fulfilled, shall not give rise to the same or to any compensation whatsoever.

If the Customer, after any type of failure in the provision of services, would like to request the termination of this contract, please contact Certyfirma at the same address indicated above(info@certyfirma.com) in order to provide the best possible solution.

7.4.
Consecuencias del desistimiento

The return or termination of the service during the period of 7 days established, will not give rise to any compensation or economic refund, all on the basis that there will have been no consideration whatsoever between the parties at this time.

7.5.
Documentación: documento de desistimiento

In order to comply with the legally established guidelines, we once again make the corresponding cancellation document available to the User here:

Cancellation form

Warranties

8.1.
Agilidad

Certyfirma guarantees an easy and agile system, which allows you to upload documents to the platform, make the necessary adjustments and/or check the corresponding boxes or checkboxes and adapt it to your needs according to the particularities and/or functionalities of the solution, in an agile, easy and simple way.

8.2.
Garantía de seguridad

This website complies with the highest Internet security standards, including maximum server security and HTTPS security protocols in all hiring and registration processes.

8.3.
Privacidad

Certyfirma is especially involved in and aware of ensuring the confidentiality of the data provided by its Clients, which is why it has implemented all the necessary technical and organisational measures to minimise the risk of loss of personal data and/or confidential information.
For more information, the User can see thePrivacy Policy.

Customer or User Responsibilities

  1. The Client undertakes to pay in advance the amount for the service actually requested in the amount and in the manner indicated in clauses 3 and 4.
  2. The Client must make good use of the platform and service offered by Certyfirma.
    and is obliged to use the services offered on this website, blog and solution in a lawful manner and without contravening current legislation or harming the rights and interests of third parties.
  3. Likewise, it guarantees the truthfulness and accuracy of the data provided when filling in the contracting forms, avoiding the creation of damages to Certyfirma as a consequence of their incorrectness.
  4. When contracting services, the User shall always be of legal age, an indispensable requirement to be able to contract.
  5. It will also be responsible for respecting the conditions, form or execution of the services detailed in the applicable particular conditions, if any, as well as in the Community Standards, when applicable.
  6. The User is also responsible for making good use of his/her User profile and password to access the platform, undertaking to make diligent use of them and keep them properly so that they are not available to third parties, as well as to notify Certyfirma of their loss, theft or possible access by an unauthorized third party, so that it can proceed to block them immediately.
  7. The Customer may not misuse the services offered by Certyfirma in any way, in particular, for sending documents to recipients who, among others and by way of example, the customer may not use the services provided that:
    • May harm or violate the rights of minors.
    • Contain threats, harassment or insults.
    • Be considered adult or pornographic material.
    • Involve fraudulent activity or the sending of a virus.
  8. It is the User’s responsibility to inform third parties with whom he/she interacts through Certyfirma, about the use of the platform, the present general contracting conditions policy and thePrivacy Policy, to comply with the applicable legislation on data protection when operating as Data Controller. In accordance with the above, Certyfirma shall not be liable for any consequences that may arise from this non-compliance.
  9. Failure to comply with any of these conditions may result in the immediate withdrawal or cancellation of the services by Certyfirma without entitling the User or Client to request any compensation.

Certyfirma Provider’s Responsibilities

Certyfirma will be responsible for:

  1. To provide the service in the manner and according to the characteristics offered through the platform and the provisions of these contracting conditions in accordance with the services contracted by each User.
  2. Adopt the appropriate security measures, protecting the confidentiality of the data of its Users and/or Clients according to the provisions of this text and other applicable legal policies with the greatest possible diligence.
  3. Adopt the security measures that are proper both as data processor and as data controller, where appropriate in response to the intervention and purpose of the data processing carried out by the same and that is established in ourPrivacy Policy.
  4. It shall also be responsible for complying with the provisions of the particular conditions of each service contracted.

Limits to Certyfirma’s responsibility

By way of example but not limited to, Certyfirma shall not be liable in any case in the event of:

  1. Misuse or abuse by the User of the information obtained through the Certyfirma contracted services.
  2. Damages or losses that have occurred as a consequence of the use of the information extracted from the services offered by Certyfirma.
  3. Documents not suitable for signature, uploaded or published by the User and sent to the addressee without the latter being able to sign in a valid and/or appropriate manner in accordance with the legally established criteria.
  4. Errors, delays in access by the Client when entering their data in the application form or receipt 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 or force majeure or any other unforeseeable contingency beyond the good faith of the company.
  5. Certyfirma commits to solve the problems that may arise as long as they are only and exclusively due to a problem in the Certyfirma system, collaborating in everything necessary for the Client to benefit from a quick solution of the incident.
  6. Errors or damages caused by negligence or bad faith in the use of the service by the User and/or Client.
  7. The non-operability or problems in the e-mail address provided by the Client for sending the documentation, both his and the recipient’s, as well as the consequences that may arise therefrom.
  8. The failures and incidents that may occur in communications, deletion or incomplete transmissions, given that there may be network failures or other situations for which Certyfirma is not directly responsible, Certyfirma cannot assume responsibility for this nor guarantee that the website services are constantly operational, being exempt from any damage that this may cause.
  9. For the production of any type of damage that the Client or third parties may cause to the Web site.
  10. Certyfirma reserves the right to suspend access without prior notice on a discretionary basis and on a permanent or temporary basis until effective liability for any damages that may occur is ensured when any situation is detected in which the User and/or Client has not acted diligently and/or has taken advantage of the functionalities of the website, blog or electronic signature solution in any way that may have caused any damage.
  11. Under no circumstances shall Certyfirma be liable for data processing that has not been previously informed or for which the pertinent measures have not been adopted when the party responsible for said processing is a third party; that is, when Certyfirma acts as data processor, although it must comply with its own obligations and responsibilities in accordance with the provisions of the applicable data protection regulations.

Likewise, and in accordance with the legislation in force, it is hereby stated that Certyfirma, even when it is not responsible for the damages that may have been caused, both to the company and to third parties, shall collaborate and notify the competent authority of this type of incidents as soon as it has reliable knowledge that the damages caused may constitute an illegal activity.

Intellectual and industrial property

12.1. Intellectual Property

All rights over the contents published by Certyfirma on its website are protected by copyright, intellectual and industrial property rights.

iCommunity claims ownership of the website, blog and solutions provided related to it and states that these have been developed and created by the same, and that it has the appropriate licenses and permissions to make use of any content included on the Web, as well as the programming code, design or materials associated with its services.

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

Without the express written consent of iCommunity is expressly prohibited reproduction, processing, distribution, distribution, public communication, making available to the public, sale or other uses other than those expressly authorized by iCommunity, in the policies and other notices published on its website and / or blog, whether commercial or otherwise, when they involve the exploitation of content other than that provided, the User may, for example, quote and mention in social networks, publications displayed on the blog, provided that such quotations are accompanied by the source and / or author.

For more information, the User may consult the intellectual property policy contained in theLegal Notice.

12.2.
Marcas y/o propiedad industrial de Certyfirma

The company iCommunity is the holder and legitimate owner of the trademark titles “Certyfirma” registered before the European Patent and Trademark Office.

As a User or Client, you may not use Certyfirma’s trademark, domain name, slogan or any element that configures the corporate identity of the same, without requesting express permission to do so from the owner of this platform, except when quoting its name in social networks or as a source for the publication of content as established in Certyfirma’s legal intellectual and industrial property policies, mentioned in this contract and in theLegal Notice.

12.3.
Derechos de imagen y autorización para el uso de los datos del Cliente como cliente de Certyfirma

The Customer accepts, by accepting these conditions, that Certyfirma may use its data and corporate image (logo) as a Certyfirma Customer in the different promotional media it uses to present and/or promote its services to third parties, such as its website and/or blog, social networks, corporate catalogs and/or brochures, among others, and Certyfirma undertakes to process them respecting, at all times, the Customer’s right to honour and brand image.

For this purpose, the Client authorizes Certyfirma to collect its logo and/or use its contact details and publish them, and may even include a link or link that redirects whoever wishes to access the Client’s website from the different corporate media used by Certyfirma (for example, publishing the Client’s logo on Certyfirma’s website together with a link that directs the user to the Client’s corporate website).

This does not imply any assignment of the Client’s trademark but only that they may be used for the exclusive purposes described above.

Dissemination of services in social networks

By means of these contracting conditions, the User is informed that the different services will be disseminated through the social networks but that, under no circumstances will their data be treated in an inappropriate or disproportionate manner; thanking them in advance for the comments and interventions that the User makes on the profiles of Certyfirma’s networks in which information is published that may be of interest to the community.

Certyfirma is currently present on Facebook, Instagram and Linkedin, which is why Users and Clients are invited to visit these profiles so that they can also enjoy the latest content.

Applicable language

In case of disagreement between the text of these conditions and any translation thereof, the Spanish version shall prevail in all cases, as the service provider, Certyfirma, is located in Spain.
In case of divergences between the Spanish version of the general conditions and its possible translations, the Spanish version shall prevail.

Modifications to these conditions

Certyfirma may make changes and/or modifications to these conditions when deemed convenient and/or necessary and in accordance with market conditions or legal requirements and/or regulatory changes that may be applicable.

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.

Notwithstanding the foregoing, the consumer or Client shall be subject to the conditions that were published and of which he/she was informed at the time of contracting each service.

Invalidity of clauses

In the event that any clause of these General Conditions is declared null and void, the other clauses shall remain in force and shall be interpreted taking into account the will of the parties and the purpose of the same, and the disputed clause shall be deemed not to be in force.
Certyfirma may not exercise any of the rights and faculties conferred in this document, which shall in no case imply the waiver of the same, unless expressly acknowledged by Certyfirma.

Applicable law and jurisdiction

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 General Conditions are subject, the provisions of Article 29 of Law 34/2002, of July 11, 2002, on services of the information society and electronic commerce shall apply.

Thus, in the event of any conflict or discrepancy arising in the interpretation or application of these contractual conditions, the Courts and Tribunals that, if applicable, will hear the matter, shall be those provided for in the applicable legal regulations regarding competent jurisdiction.

In the case of consumers who are natural persons, the competent court shall be that of the place where they have their habitual residence; while in the case of the User or End Customer who is a legal entity, the competent court shall be that of the city of Madrid.

Out-of-court dispute resolution for services offered online

In compliance with the provisions of Regulation 524/2013, of the European Parliament and of the Council of 21 May 2013, applicable from January 9, 2016, on online dispute resolution in consumer matters and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC the User or Customer when natural person, may choose by this alternative mechanism to raise any dispute or claim if he/she considers to have suffered any damage or injury as a result of the use of our platform or services provided online, through the following link:http://ec.europa.eu/consumers/odr/

Through it, you will be able to access alternative dispute resolution entities with quality procedures established for this purpose.

This multilingual platform, which is intended to be accessible to all, will function as follows:

  1. You must complete an online claim form and submit it from the platform itself;
  2. The claim will reach the seller who will propose an alternative dispute resolution entity for the specific case;
  3. Once the mediation entity has been agreed upon, it will handle the claim electronically and propose a solution within a period not exceeding 90 days.

Subject to all other legal policies and conditions

The present conditions are complemented by the rest of the legal policies established in the web page, such as Legal Notice,Privacy PolicyandCookies Policy, in addition to the particular contracting conditions applicable to each specific case, if applicable, as well as any other that may be necessary to add or complement, in accordance with the provisions of the legislation in force at any given time.

Modification from one service to another

The User is informed that, once registered and at any time from his Certyfirma Control Panel, he will be able to choose any of our other services.
In this case, he/she will receive an e-mail with the new applicable conditions so that he/she can have the detailed information of the new contracted service.

Standard Service Agreement

Customer service

Once the electronic signature Service or others have been implemented for the Client, the system will be covered by the Technical Support Service to ensure its operational continuity in the face of possible incidents and problems that may occur during its operation.
The technical support associated with the following incident resolution situations is included.

NOTE: Includes the resolution of incidents that may arise during the operation and term of the Contract.
Incidents are classified according to their severity.

Severity of incidents
SEVER. DEFINITION
P0 Total system failure, preventing access to the Certyfirma platform and making it impossible to use any of its services.
P1 Failure of one or more key functionalities of the service (requests for sending documents to be signed and signing them), which severely affects the correct functioning of the service for all users.
P2 Failure of one or more functionalities of the service with no immediate significant effect on the quality of service to all users.
P3 Failure of one or more secondary functionalities that do not have an effect on the correct use of Certyfirma’s services.

Incident response times during working hours

SEVER. RESPONSE TIME
P0 120 minutes
P1 4 hours
P2 12 hours
P3 24 hours

Support Modes:

Support Schedules:

  • Monday to Friday working days, from 10:00h to 18:00h (GMT+1)

Response time in support hours:
The response time is measured from the moment of the notification of the incident by the Client; until the confirmation of reception by Certyfirma, which implies the following actions:

  • Confirmation of the support request by the receiving channel
  • Prioritization of the incidence according to the table of Categories
  • Assignment of the incident report number for follow-up purposes

Time of Resolution in support hours:
Time elapsed between the notification of the generic incidences and one of the following answers by Certyfirma:

  • Clarifying answer on product functionalities, which may or may not be described in the current documentation.
  • Response requesting more information about the problem as the information provided is insufficient to address the identification of the problem or resolution of the issue.
  • Sending the Customer a satisfactory answer that allows him to close the incident and continue using Certyfirma’s services correctly.

In case of system unavailability, only the problem diagnosis time is guaranteed.
The resolution time will depend on the nature of the problem detected and is guaranteed to be resolved in the shortest possible time.

Exclusions

The Warranty and Service Level Agreement excludes:

  • the resolution of problems derived from modifications to the infrastructure services, made without the knowledge and express authorization of Certyfirma, or other than those included in the practices and policies of the service.
  • any problem caused by factors beyond Certyfirma’s control, including any fortuitous cause or force majeure in accordance with article 1.105 of the Spanish Civil Code.

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