Version published on December, 21,2021.
In these Terms and Conditions of Use and Contracting, the legal aspects that apply to Web Users who contract our services (Customers) are contemplated.
1.1. The owner of the web site www.acrelianews.com is the company ACRECENTA SOLUTIONS SL. (hereinafter, ACRECENTA) , inscribed in RM, Tomo 45101 Folio 221 Hoja 476884 Inscripción 1, with registered office in avenida President Companys, 9 planta 1, 08911 Badalona (Barcelona), Tax Identification Number ESB66656281, duly registered in the Registry of Operators providing electronic communications services to third parties..
1.2. Contact: moc.atnecerca@lagel, tel/fax +34 934 610 518
The standard version of this agreement is drafted in Spanish, without prejudice of this document being available in other languages. In case of a conflict, the only valid interpretation of this contract will be the one according to the original Spanish version.
2.3. Access to the WEB SITE, both to its homepage or to any other of its web pages, either directly or through any link or domain name redirecting to it, gives the visitor the status of user and it requires the acceptance of all conditions described in this document. The users who shall hire any of the products or services of ACRECENTA through the WEB SITE will maintain the dual status of USER and CUSTOMER, in accordance with the use you make of the WEB SITE at any moment.
2.4. ACRECENTA reserves the right to modify, at any time and without previous notice, product and services offerings or any other aspect of this legal notice, including the hiring conditions, although such changes must comply with the transactions with the customers.
3.1. Access to the WEB SITE is not intended for people under 18.
3.2. To make use of the services, minors must obtain prior permission from their parents, guardians or legal representatives, who will be considered responsible for all acts performed by the minors in their care.
4.1. ACRECENTA is the holder of the rights of intellectual and industrial property or has obtained the necessary authorizations or licenses for their exploitation, associated with the domain name, trademarks and distinctive signs, the content posted, computer software and the rest of works and inventions or contained in or related to this web site and the technology associated with the email marketing tool.
4.2. The content of this WEB SITE, including but not limited to, designs, applications, text, images and source code, is protected by intellectual and industrial property rights.
4.3. The content of this WEB SITE shall not be used, reproduced, copied, processed or transmitted in any form without the prior written and explicit permission of ACRECENTA.
4.4. ACRECENTA grants the USER a non-exclusive, universal use license of the email marketing tool owned by ACRECENTA without geographical or time limitations according to the terms set forth in this document.
4.5. The USER declares that he has all the permits and licenses of the images, distinctive signs and content that he may include and/or publish in his business communications.
4.6. ACRELIA is a brand registered in the Spanish Patent and Trade Mark Office.
4.7. The USER grants a using license upon its trademark or distinctive sign that identifies it as well as its corporate name to ACRECENTA in order to be able to publish it on its site or in off line publications as ACRECENTA customer.
5.1.1. The CLIENT may register in the different ACRECENTA services, for which the specific prices and corresponding to the services requested by the CLIENT will be provided:
5.1.2. The CUSTOMER who hires ACRELIA NEWS will receive within TWENTY-FOUR (24) hours a confirmation of acceptance of the service. ACRECENTA provides services to legal persons and professionals, and therefore the legislation for consumers and users shall not be applicable in any case.
5.1.3. ACRECENTA will offer the CUSTOMER, from its Control panel (with restricted access and insurance to CUSTOMERS) a statistics module where a follow-up of the outcome of the delivery of messages and email verifications can be seen in detail.
5.1.4. ACRECENTA provides services to legal persons and professionals, so the legislation for consumers and users shall not be applicable in any case.
5.2.1. The services provided by ACRECENTA will be free or remunerated according to the plan selected by the CUSTOMER [INCLUDE A LINK WITH THE DIFFERENT PLANS]. To that effect ACRECENTA will previously inform the CUSTOMER about the price and payment method in a clear way. ACRECENTA reserves the right to modify the current price list at any moment. The modification will be posted and included in the web page of the service and will come into force from the moment it is published, without the need for direct and personal service to the customer. It will not apply to the monthly services already hired, but to the fee of the following month. This modification will entitle the customer to terminate the contract by using the corresponding communication system to that effect.
5.2.2. When using fee-based services the payment will be made by credit card.
5.2.3. In the case of monthly subscription plans, ACRECENTA will charge the CUSTOMER a monthly fee according to the type of plan that he/she hired. ACRECENTA will immediately charge the amount of the corresponding plan to his/her credit card. It will be charged each month in advance, and it will not be refundable.
5.2.4. In the case of pay-per-use plans, ACRECENTA will immediately charge the amount corresponding to the chosen plan to the CUSTOMER’s credit card. The CUSTOMER will receive credits that he/she will be able to use to send his/her shipments. From the moment of purchase, the CUSTOMER will have 1 YEAR to spend the credits acquired.
5.2.5. In case the CUSTOMER changes his/her plan type or adds credits in the case of pay-per-use plans, he/she will be immediately charged the new amount to his/her credit card. From that moment, in the case of monthly plans, the CUSTOMER will be charged the new amount to his/her credit card, every THIRTY (30) days, unless the CUSTOMER cancels his/her account.
5.2.6. There will be no refunds or credits for partial months of the service, or refunds in case the CUSTOMER does not use the Service during the time period the account is open. No exceptions will be made in any case.
5.2.7. Prices shown on the web site shall not include taxes applicable at any moment. In any case, at the time of acceptance of the contract, you will be informed of the final price, including all applicable taxes.
5.2.8. ACRECENTA has no access to bank data linked to the means of payment and does not know or record these data during the payment transaction.
5.3.1.The personal data protection policy of this website will apply to all USERS of this WEBSITE.
5.3.2. In accordance with the provisions of the applicable regulations on the Protection of Personal Data, the CLIENT is informed that the treatment of the personal data derived from the development and execution of this agreement, will be used to comply with the obligations derived from the provision of the contracted services. In the same way, the data will be processed in order to send the CUSTOMER our Newsletter from which she can unsubscribe and oppose its reception at any time. The data will not be used for other different purposes, and express consent must be requested, otherwise. The data will be kept for the time necessary to fulfill the purpose for which it was collected and to determine the possible responsibilities derived from it, during which time, they will be kept blocked. Similarly, the data may be communicated to other recipients when required by law or derived from compliance with the relationship.
5.3.3. For the exercise of rights of access, rectification, deletion, portability, limitation to the treatment and opposition, as well as to revoke their consent, you can contact the DPD of ACRECENTA by sending an e-mail to moc.swenailerca@dpd. You can also contact the Spanish Data Protection Agency in the event that we do not respond to your request or in case of violation of your data protection rights.
5.3.4. In compliance with art. 28 of Regulation (EU) No 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 ( onwards, GDPR), the parties agree to regulate access and processing of the data contained in the CLIENT's files, as the CONTROLLER, by ACRECENTA SOLUTIONS, S.L., as the PROCESSOR, by virtue of the provision of the services described in this document.
5.3.5. The specific processing activities to be carried out by ACRECENTA are as follows: Registration, structuring, modification, retention, deletion .
5.3.6. Corresponding to the following types or categories:
5.3.7. ACRECENTA besides complying with all the obligations it is assigned by this contract, undertakes to
5.3.8.The CUSTOMER undertakes, in addition to fulfilling all the obligations attributed to him in the data protection regulations and throughout this contract, to:
5.3.9. ACRECENTA may communicate the data to other processors of the same CLIENT, in accordance with its instructions. In this case, the CLIENT will identify, in advance and in writing, the entity to which the data must be communicated, the data to be communicated and the security measures to apply to proceed with the communication.
5.3.10. . Exercise of Rights: When data subjects exercise their rights before ACRECENTA, it shall forward the requests to the Client in 5 days following receipt of the request, so that it can respond in a timely manner to data subjects.
5.3.11. Outsourcing of services: ACRECENTA , may not subcontract with a third party any processing ordered by the CUSTOMER, except for those auxiliary services necessary for the normal operation of the services provided by ACRECENTA, unless it obtains authorisation to do so. In this case, contracting shall always be in the name and on behalf of the CUSTOMER, and after signing of the corresponding processing contract in the terms and conditions laid down in article 28 of GDPR.
5.3.12. ACRECENTA declares that the Client's personal data shall be hosted on servers located in the European Union.
5.3.13. ACRECENTA does not authorise sensitive data (ethnic or racial, political, religious, genetic, biometric, health and life or sexual orientation) to be included in the set of data hosted on their servers. In the event the Client is the holder of any of these data, please contact the administrator.
5.3.14. For the provision of some of its services, ACRECENTA acts as an operator that provides electronic communications services, so it will process the data necessary to trace and identify the origin of the communications in accordance with the requirements of the applicable regulations in the field of Telecommunications, in in particular, Law 25/2007 on data retention related to electronic communications and public communications networks. These data will be processed for twelve months, computed from the date the communication occurred. Exceptionally, the Public Administration or competent Authorities may extend or reduce the retention period for certain data or a category of data, taking into account the possible as the interest of the same for the purposes of investigation, detection and prosecution of crimes. The data processed under this clause may be communicated to the Public Authorities that require it.
5.3.15. At the end of the contractual relationship, ACRECENTA will destroy or return, at the CLIENT's choice, the personal data provided by the CLIENT, as well as any other medium or document that contains any personal data subject to treatment. Notwithstanding the foregoing, ACRECENTA may retain the data to which it is legally bound, and only for the period of time and for the legally established purposes.
5.4.1. ACRECENTA reserves the right to provisionally or finally suspend the service from the moment it detects that the CUSTOMER:
220.127.116.11. Violates any of the terms and paragraphs of these Terms and Conditions of Use for the Service.
18.104.22.168. Provides or provided false or inaccurate data when filling in the registration form.
22.214.171.124. Provides false or non-existent e-mail addresses or mobile phone numbers.
126.96.36.199. Does not have any activity or access his/her personal area in the period of one (1) year.
188.8.131.52. He/she is not up to date with the payment of the service.
5.4.2. THE CUSTOMER OR ACRECENTA, without prejudice to the previous paragraph, will be able to terminate this contract at any moment notifying the other party by any legally accepted means or using the unsubscription section enabled for this purpose in the CUSTOMER's user account.
5.4.3. ACRECENTA will not refund any amount, if the cause for resolution is that the CUSTOMER breaches these terms of purchase. ACRECENTA will also be able to suspend and/or cancel the CUSTOMER'S account in case ACRECENTA suspects or has evidence that the TOOL has been misused, without prior notice to the CUSTOMER. In that case, ACRECENTA will reimburse the proportion of the monthly fee or the amount corresponding to the unspent credits, after deducting the management expenses.
5.4.4. Once the relationship between the parties is terminated, ACRECENTA will delete the account and all the data associated with it. If the customer does not access the account in a period of twelve (12) months, ACRECENTA can classify the account as "inactive" and delete the account and all the data associated with it.
6.1. The CUSTOMER undertakes to use ACRELIA NEWS according to the following rules of use:
6.2. The CUSTOMER agrees NOT to incorporate to his/her commercial communications content that meets some of these requirements:
6.2.1. Content contrary to public order.
6.2.2. Content whose intellectual property rights belong to a third party, in case it does not have authorization for its publication.
6.2.3. Offensive content or that poses serious threats or insults.
6.2.4. Content against children or against assets especially protected by the Spanish legal system.
6.2.5. Content related to products whose advertising or promotion is governed by the law or restricted to certain groups.
6.2.6. Any other content that, in the opinion of ACRECENTA, may be offensive, harmful or contrary to its values and internal rules.
6.3.ACRECENTA reserves the right to stop any sending in which is detected a high number of complaints and / or present a high number of hard bounces (non-existent email addresses).
6.4.In general, for any sending made through ACRELIA NEWS the percentage of hard bounces must be below 5% and the percentage of complaints below 0.1%. Overcoming these percentages can cause the suspension of the service.
6.5.The CLIENT undertakes NOT to use the service for the sending of advertising or promotional communications by email that previously had not been requested or expressly authorized by the recipients of the same.
6.6. ACRECENTA at its sole discretion may delete any content or suspend the service if it violates any of the rules and obligations described in these legal terms or can be considered inappropriate and/or false by ACRECENTA.
6.7. In the event that a CUSTOMER or any third party is aware of any violation of the norms described herein or other norms that could impair protected property, rights or interests, he/she should immediately contact ACRECENTA at moc.swenailerca@esuba or using this link indicating the breach. Once ACRECENTA receives your communication, it will use the utmost diligence to deal with it and solve it.
7.1. ACRECENTA shall not be responsible for any content sent by the CUSTOMERS, and they assume any liability arising from such incorporation and/or publication via ACRELIA NEWS, nor for the personal data contained in the commercial communications sent by the CUSTOMERS.
7.2. Notwithstanding the control measures that ACRECENTA may implement, in no case it shall assume any responsibility for the lack of service or interruption of the same due to the fall or non-functioning of the telecommunications networks of third parties.
7.3. The links contained in the WEB SITE of ACRECENTA may lead to third party web sites and ACRECENTA incorporates them to facilitate the navigation to the CUSTOMER, but in no case ACRECENTA assumes any responsibility for the content, information or services that could be offered or posted on those sites, which will be exclusively informative and that in no case imply any relationship between the third party and ACRECENTA.
7.4.Accessing, hiring and using the products offered by ACRECENTA requires a computer or computer equipment and an Internet connection. The costs associated with these elements are not included within the services described in these legal conditions and should only be undertaken by the CUSTOMERS.
7.5. ACRECENTA acts with the maximum diligence in the implementation of security measures; however it assumes no liability whatsoever in relation to the custody and good use of the passwords for accessing the WEB SITE, which will be the sole responsibility of the CUSTOMER. ACRECENTA will assume that any user accessing the WEB SITE by using the access codes of the CUSTOMER will be the CUSTOMER himself.
7.6. The CUSTOMER shall be liable for all damages, of any kind whatsoever, that ACRECENTA may suffer as a consequence of the users' inappropriate use of the services provided and the contents in the website. The CUSTOMER agrees to make the payment of any amount that ACRECENTA must be paid as a result of an administrative decision, final judgement or settlement agreement aimed to compensate a third party for the damages caused by the misuse, or contrary to these terms, by any of the CUSTOMER's users.
7.7. The provision of services performed by ACRECENTA is configured as an obligation of means, not results, so that, in any case, the service will be considered as provided by ACRECENTA whenever the CLIENT has actually sent the campaigns to its subscription lists. through the ACRELIA NEWS tool. ACRECENTA does not guarantee opening rates, or clicks, or conversions in the campaigns carried out through the tool, and can not be held responsible, in any case, or considered as failure to provide the service.
8.1.ACRECENTA undertakes to maintain a level of operational service 24 hours a day, 7 days a week, so that the CLIENT can access the TOOL according to the conditions described in this contract.
8.2.The Customer Service consists of a telephone and / or online technical assistance service that includes an incident resolution service. The Customer Service is a service that is included in those that ACRECENTA provides to the CLIENT, being therefore covered by the agreed rate, from 9:00 a.m. to 6:00 p.m. Monday to Thursday and Friday from 9:00 a.m. to 3:00 p.m.
8.3.ACRECENTA will guarantee the total continuity of the service except for those technical failures, force majeure or other assumptions that are not attributable to it.
8.4.ACRECENTA reserves the right to temporarily suspend the service to carry out maintenance tasks or improvements in the service delivery system, for this purpose it will notify the CLIENT with a term of ONE (1) business day, this to the address of contact email that the CLIENT has provided during the contracting procedure. In the event of temporary suspension of the service, ACRECENTA undertakes to carry out the suspensions at the times or periods that cause the least harm to the CLIENT and will try to restore the service as soon as possible and always within 48 hours after the interruption has occurred. generated.
8.5.The use of the services offered by ACRECENTA is the responsibility of the CLIENT, so in no case is ACRECENTA responsible, either directly or subsidiarily, for the damage that the CLIENT may cause to third parties due to improper use of said services.
8.6.In case the service to the customer is completely inoperative and steadily over a period longer than 24 hours, Customer may request reimbursement ACRECENTA the amount corresponding to that period. For these purposes, it will also be understood that the service has been inoperative and the refund for the amount corresponding to that period shall proceed, when in a 24-hour period there have been intermittent interruptions of the service that imply an interruption of the service for more than 70% in total computation of the time of effective provision of the service. In any case, the maximum amount of compensation will never exceed the amount corresponding to a monthly fee of the rates applicable to the contracted services.
8.7.ACRECENTA will not be responsible for the consequences that may derive from the non-operation of the CLIENT's email box.
9.1.None of the Parties will be responsible for failure or delay in the fulfillment of their obligations arising from this Contract if it were motivated by any act of Force Majeure, having to understand by such: strike (provided that it is sectoral or general), fire, flood, earthquake or other acts of nature, war, civil commotion, government act or regulation including marketing bans and any affected ca, as long as the Party invoking such cause (s) to justify the non-observance of any of its obligations, has exercised all their care and taken the necessary steps to avoid such occurrence (s), and immediately and reliably communicate the arrival of such event (s) to the counterparty.
9.2.Both Parties will be free to terminate this Contract if, after two (2) months from the start of the cause of force majeure that it still persists and makes it impossible, hinders or hinders the normal fulfillment of all or some of the contractual obligations assumed .
10.1. As foreseen in this contract, as well as in the interpretation and resolution of conflicts that could arise between the parties, the Spanish law shall apply.
10.2. These general conditions are ruled by the Spanish Law. The parties submit, at their option, for the resolution of conflicts and renouncing any other jurisdiction, to the courts and tribunals of the user's domicile.