Terms and Conditions of Freightol Manager

PLEASE READ THIS AGREEMENT BEFORE USING THE SERVICES OF FREIGHTOL.

BY ACCESSING OR USING THE SOFTWARE OR THE SUPPLY OF SERVICES FREIGHTOL, YOU (the"Customer ") ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.

IN ADDITION, YOU ACKNOWLEDGE THAT THE ONLY SERVICE THAT OFFERS FREIGHTOL IT IS THE ACCESS AND USE OF THE DIGITAL PLATFORM FREIGHTOL MANAGER, PLATFORM THAT PROVIDES TO YOU, ONLY AND EXCLUSIVELY TO THE PROVISION OF FEES AND LOGISTICS MANAGEMENT THAT YOU CHOOSE, WITHOUT INTERVENING OR BE RESPONSIBLE FOR BOTH FREIGHTOL IN THE ACTIVITIES AND CIRCUMSTANCES ARISING FROM CONTRACTS WITH THIRD PARTIES.

FREIGHTOL IS NOT RESPONSIBLE FOR THE DAMAGES THAT MAY BE BE SUFFERED IN CONNECTION WITH YOUR USE OF THE SERVICES OR THE RELATIONSHIP WITH THIRD PARTIES THAT ARE NOT DIRECTLY DERIVED FROM ERRORS OR DEFECTS OF THE PLATFORM.

IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICES.

FREIGHTOL MANAGER is a software management logistics and, in particular, the management of quotations, invoices, documents, customs clearance, tracking and management of customers, etc (hereinafter, “Freightol Manager ”) that is offered in the form of Software-as-a-Service (Saas) by the company RIGISTON SL, operating under the commercial brand FREIGHTOL, with registered office at Gran Via de les Corts Catalanes, 630, 5ª Planta, 08007 Barcelona, spain (hereinafter, “FREIGHTOL ”). The following Terms and Conditions apply to your use of Freightol Manager. Exceptions or changes to these Terms and Conditions shall only be binding when accepted in writing by FREIGHTOL:

DEFINITIONS
1. “Agreement ” or “Terms and Conditions ” mean these terms and conditions, by means of which regulates the use of the Client Freightol Manager.
2. “Intellectual Property rights ” means all rights of intellectual and industrial property rights, including, by way of example, but not limited to the following: copyright (moral or economic rights, rights related to the copyright, patent rights, trademarks, design rights, rights in or relating to databases, rights in or relating to confidential information or trade secrets, rights in or related to domain names and all other intellectual property rights (registered or unregistered) in any part of the world.
3. "Documentation "means the user guides, online help, release notes, training materials and other documentation provided or made available by FREIGHTOL to the Client in connection with the use or performance of the Services.
4. “Date of Entry into Force ” means the date of entry into force of this Agreement, corresponding to the date of signature of this Agreement by the Client, unless they have been modified on the same that require prior approval and written by FREIGHTOL.
5. “Confidential Information ” means any information, whether oral or written, communicated by the Parties with the object of the grant of the right of use of FREIGHTOL or the provision of the Services, including, without limitation, information of a scientific, technical, financial, legal, tax, and business models and business strategies, “know-how”, the names of prospective customers and partners, projects and operations of any character of the proposals or in the phase of the study, reports, plans, projections of market and data, along with the analysis and work documents, collections, comparisons, studies and in general, all the information that the sending side transmits either before or after the signing of this Agreement. In particular, the Confidential Information shall include, but not be limited to, any information related to the Software, as well as any elements that compose it, such as its algorithms, source and object codes, protocols and interfaces, and, in particular, the related documents and materials which in your case is delivered.
6. "Subscription period "will mean the period monthly and yearly during which the Client shall have access to and use online Freightol Manager through the Services of FREIGHTOL. The Term of your monthly Subscription will be renewed for successive periods of one month, unless one of the parties notifies the other in writing of its non-renewal at least 5 days prior to the expiration of the Period of monthly Subscription in effect at that time. The Term annual Subscription will be renewed for successive one year periods, unless one of the parties notifies the other in writing of its non-renewal at least 30 days notice prior to the expiration of the Period of annual Subscription in effect at that time. The Plan of the monthly Subscription Period shall be regulated in clause 7.2 of these Terms and Conditions.
7. “Service ” or "Services "refers to the specific service of Freightol Manager, including their modes of “Professional” and “Enterprise”, accessible through the Internet, which provides for the use of the software logistics management of FREIGHTOL that is hosted by FREIGHTOL or its service provider and made available to the Customer over a network on the basis of a period of use.
8. “Third party ” or “Third parties ” means any natural or legal person other than the parties to this Agreement, FREIGHTOL and the Client.
9. "User Administrator "refer to each Customer employee designated by this to act as manager for technical Services on behalf of the Client. Each Admin User must complete the training requirements and qualification reasonably required by FREIGHTOL.
10. “Users” means the natural persons who will have access to Freightol Manager, authorized by the Customer.
OBJECT
1. During the Subscription Period, the Customer will receive a worldwide non-exclusive, non-transferable license to access and use Freightol Manager solely for your business operations and internal economic, subject to these Terms and Conditions, and to the number of users according to the Service contract, the functionality and specific conditions are detailed in the Special Conditions pertaining to each of the contracting arrangements. . FREIGHTOL only provides the Customer with access to and use of the platform digital Freightol Manager. The Services offered by Freightol Manager consist of only and exclusively in the provision of fees, and logistics management to the decision of the Client, without intervening or be responsible FREIGHTOL in the activities of transport and other circumstances result of the recruitment of the Client with Third parties. It is absolutely prohibited to use Freightol Manager for any other purpose than expressly indicated in the present clause 2.1., unless there is between FREIGHTOL and the Client's prior express written agreement to the contrary. Also, it is strictly prohibited to use Freightol Manager for any fraudulent, criminal, illegal, or involving gross negligence or willful.
2. The Customer may not sell, rent, lease, grant, lease, sublicense, transfer, reproduce, represent, modify, translate, cleave, unlink, create derivative works, or make improvements to, or in any other way, distribute Freightol Manager or any of its parts and/or elements.
3. The Customer acknowledges that these Terms and Conditions make up a services agreement and that FREIGHTOL not deliver copies of Freightol Manager to the Client as part of the Services.
4. FREIGHTOL will allow the Customer to the configuration of a user name and a password, and personal secrets. In case of loss or theft of the same, or have a suspicion of unauthorized access to Freightol Manager by Third parties, the Customer shall immediately communicate it to FREIGHTOL, for the purposes of taking technical measures that are appropriate to prevent unauthorized access, in accordance with clause 4.3 of these Terms and Conditions. For the assumption that the Client will not communicate unauthorized access to FREIGHTOL, any damage or loss arising out of such access shall be the sole and exclusive responsibility of the Customer to be in breach of these Terms and Conditions.
RESTRICTIONS
1. The Customer is obliged to:
2. Intellectual and Industrial property. All Rights Reserved: the Customer expressly acknowledges ownership and exclusive property of FREIGHTOL on all the Intellectual Property Rights that vest on Freightol Manager, Documentation and any elements thereof, rights that are protected in the Spanish Law on Intellectual Property and international treaties concerned.
  
  FREIGHTOL, as exclusive owner and holder of Freightol Manager, you will be able to freely dispose of the same, and to this effect, transfer, assign or license their property to any Third party.
  
  The right of use do not grant you any rights in or on Freightol Manager, with the only exception of the right to use their susceptible of revocation in accordance with the present Terms and Conditions.
3. Confidential information and Business Secrets: The Customer expressly acknowledges that the Confidential Information transferred by FREIGHTOL may not be used for purposes other than those expressly contained in this agreement or communicated to any Third party, all in accordance with the terms set out in clause 11 of this Agreement.
  
  Furthermore, the Client acknowledges that Freightol Manager, Documentation or related Intellectual Property Rights may contain information described as business secret, belonging in an exclusive FREIGHTOL to be protected by the laws 3/1991, January 10, Unfair Competition and 1/2019, 20 February, Secrets, as well as by the applicable international treaties.
4. Recognition of rights: the Customer undertakes not to remove, delete, alter, manipulate or in any way modify:
  1. Those notes, legends, indications or symbols that FREIGHTOL, as the legitimate holder of the Intellectual Property Rights, to incorporate in their properties in matter of intellectual or industrial property (such as, for example, and without limitation, copyright,©,®, TM, etc).
  2. The technical protection devices or identification which may contain Freightol Manager or Documentation (such as, for example, water marks, fingerprints, etc).
OBLIGATIONS OF THE CUSTOMER
1. Assistance. The Customer shall provide FREIGHTOL information and assistance commercially reasonable for FREIGHTOL be able to provide the Services. The Client acknowledges that the ability of FREIGHTOL to provide the Services in the manner provided in this Agreement may depend upon the accuracy and timeliness of such information and assistance.
2. Compliance with laws. The Customer shall comply with all applicable local, state, national and foreign, applicable in connection with your use of the Services, including the laws related to data privacy, international transport by any means (either land, sea and air) and the transmission of technical data or personal. The Client acknowledges that FREIGHTOL exercises no control over the content of the information transmitted by the Customer or Users through Freightol Manager. The Client will not upload, post, reproduce or distribute any information, software or other material protected by copyright, privacy rights or any other Intellectual Property Right without first obtaining the permission from the owner of such rights.
3. Unauthorized use; false information. The Client shall:
  1. immediately notify FREIGHTOL any unauthorized use of any password or user id or any other breach of security known or suspected,
  2. inform FREIGHTOL immediately and make reasonable efforts to stop any unauthorized use of the Services by the Customer or any user knows, or suspects, and
  3. do not provide false identity information to gain access or to use Freightol Manager.
4. Users and User Administrators. The Customer shall be solely responsible for the acts and omissions of its Users and administrator Users, in your case. FREIGHTOL will not be responsible for any loss of data or functionality to be caused directly or indirectly by the Users or admin Users.
5. Entrance to the client. The Client is solely responsible for:
  1. Ensure that your use of Freightol Manager not include anything that infringes any actual or potential, or misappropriate any copyright, trade secret, trademark or any other Intellectual Property Right of our Own and that of others, or contain anything that is obscene, defamatory, harassing, offensive or malicious.
  2. Immediately notify FREIGHTOL any unauthorized use of any password or user id or any other breach of security known or suspected; and
  3. Inform FREIGHTOL immediately and make reasonable efforts to stop any unauthorized use of the Service that is known or suspected by Customer or any user of Freightol Manager; and
  4. Do not provide false identity information to gain access or use the Service.
6. International Commerce Terms (“Incoterms ”): in the event that the Customer chooses a mode of transport established by the Incoterms, as defined and published by the International Chamber of Commerce, shall ensure the compliance of the conditions imposed by the carrier. Particularly, the Client shall ensure, among other things, the correct packaging, packaging and labelling of the goods, their availability in time and manner for collection and shipment, the fulfillment of the requirements for loading and unloading. The Client acknowledges that the procurement of transportation services Incoterms may entail additional charges, which include, but are not limited to, traffic vehicles, driver assistance, scales, rates of air transport, costs of mileage, dimensions and/or weight of the goods, or the costs of transit. Also, the pickup dates, shipping times and other data represent only estimates and do not include the day of pickup. The collection dates can not be guaranteed.
7. The Customer assumes all additional costs that may generate such ports, including, among others, penalties, costs of transport, goods wrongly declared, incidents, costs, customs clearance, storage, interest, surcharges, operational, or cost of fuel, whether within the country or internationally.
8. The Customer must also comply with the payment and all of the obligations and commitments assumed by the Client in connection with the services they have contracted with the carriers and parcel available in Freightol Manager, as well as the terms and conditions set forth by such providers. It is possible that these service providers to establish additional restrictions set in these Terms and Conditions, as determined independently by these companies without any intervention from FREIGHTOL, for example, in connection with the transportation of goods prohibited. In any case, the Customer can contact with FREIGHTOL through the e-mail address: [email protected] in order to obtain guidance on the availability and location of the terms and conditions of such suppliers.
9. In the event that the Client fails to fulfil any of its obligations, it will be solely responsible for all damages caused.
OBLIGATIONS OF FREIGHTOL
1. FREIGHTOL is committed during the provision of the Services to:
  1. Administer and manage the logical support, operating, and programming for the access to the accounts of the Users;
  2. Allow access to the different settings of Freightol Manager FREIGHTOL depending on the Service type that you have chosen to use for each User;
  3. Provide maintenance Services when determined necessary; and
  4. Provide adequate support and assistance to the Users and the Client on the use of all utilities Freightol Manager arranged by FREIGHTOL.
CONSIDERATION
1. Types of contracts. The Client will hire the Services in accordance with the plans “Professional” and “Enterprise”, the features and specific conditions are detailed in the
  
  Special conditions relating to each of these types of contracts, of which the user will be informed at the time of his hiring. All services purchased by the Client shall be exclusively governed by these Terms and Conditions. In the event of a conflict between the Specific Conditions of Services “Professional” and “Enterprise”) and these Terms and Conditions, shall govern these Terms and Conditions.
2. Billing and payment. FREIGHTOL billed to the Customer at the start of the Date of Entry into Force, as well as the first day of each following month. The Client shall pay all invoices that are not disputed within 30 days from receipt of the invoice. Unless expressly provided otherwise, fees are non-refundable. All prices are expressed in euros and the Customer shall pay to FREIGHTOL in euros, by means of transfer or money order for the deposit. Your subscription will automatically renew at the end of each subscription period unless you change your subscription plan or inform us that you do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the credit card or bank account that you used last time. We give you the option to change the data if you want the payment for the renewal to be made through a credit or debit card is different. If you do not wish to renew the subscription, you must inform us at least seven days before the date of renewal. If not we have been informed that you do not wish to renew the subscription, it will be understood that you have authorized to FREIGHTOL to charge the subscription fee to the Credit Card that you used for the last time.
3. Taxes. FREIGHTOL billed to the Customer for the applicable taxes as a separate line item on each invoice. The Customer will be responsible for the payment of all taxes on the sale and use, value added taxes (VAT), or similar charges related to the purchase and use of the services by the Customer.
4. Freightol Manager uses a secure payment gateway integrated in the payment platform STRIPE which ensures the integrity of communications and information, by means sufficiently secure and encrypted. In consequence, the banking data that are used in the payment they will be stored safely in the protected servers STRIPE.
TERM AND TERMINATION
1. Duration of the Agreement. The term of this Agreement will begin on the Date of Entry into Force and shall continue until either party terminates, as indicated in this Section and in section 6.2. previous.
2. Termination. Either party may terminate this Agreement immediately in case of serious breach by any of the parties when it would not have remedied the thirty days following the receipt of notice of such breach. In any case, the Client may terminate this Agreement by notifying FREIGHTOL of your intention to terminate the subscription to Freightol Manager at least 30 days before the end of the Period of annual Subscription, or 5 days before the end of the monthly Subscription Period, subject to the conditions laid down in paragraph 7.5.2. of this Agreement.
3. Suspension for non-payment. FREIGHTOL reserves the right to suspend the provision of the Services if the Customer does not pay on time any amount not disputed that due to FREIGHTOL under this Agreement, but only after FREIGHTOL notify the
  
  Customer of the breach and this continues for fifteen (15) days. The suspension of the Services shall not relieve Customer of its payment obligations under this Agreement. The Client agrees that FREIGHTOL shall not be liable to the Client nor to any Third party liabilities, claims or expenses arising from or related to the suspension of Services resulting from the default of the Customer.
4. Suspension for damages. FREIGHTOL reserves the right to suspend the provision of the Services if it concludes reasonably that the use of the Services by the Customer or a User or a Third party by the fault or responsibility of the Client is causing harm to FREIGHTOL or to Third parties. In the extraordinary case that FREIGHTOL to suspend the provision of the Services, FREIGHTOL will immediately notify the Customer of the suspension and the parties will attempt to resolve the problem with diligence within a period of five days. FREIGHTOL shall not be liable to the Client nor to any Third party liabilities, claims or expenses arising from or related to any suspension of the Services in accordance with this section. Nothing in this paragraph shall limit the rights of FREIGHTOL under the following paragraph.
5. Effects of termination.
  1. Upon termination of this Agreement or expiration of the Subscription Period, FREIGHTOL shall immediately cease providing the Services and all rights of use granted under these Terms and Conditions will terminate.
  2. If FREIGHTOL terminates this Agreement due to a breach by the Client or the Client decides its termination in advance of the completion has been agreed, this must be paid immediately to FREIGHTOL all amounts due at that time under this Agreement and to be paid for the remainder of the validity of the same, were it not for such termination.
  3. Upon termination of this Agreement and the subsequent written request of the Disclosing Party, the Receiving Party of the Confidential Information in tangible return immediately any such information, or destroy and provide a written certification of such destruction.
WARRANTIES
1. Freightol Manager is provided "as is "that is to say, with all their possible faults and errors, and, therefore, makes available to the Client without warranty of any kind.
2. Except where the law determines otherwise, Freightol Manager will not be guaranteed in any way. It is for this reason that the FREIGHTOL disclaims any other warranty or representation in this respect, it is express or implied, including the warranties of merchantability, title, function, quality, lack of infringement of rights or lack of fitness for a particular purpose, and implied warranties arising from the course of the business or its execution.
3. Also, FREIGHTOL does not guarantee that Freightol Manager will fulfill the expectations of the Client, and does not guarantee their availability and functionality uninterrupted, secure, or error-free. FREIGHTOL does not warrant the results, the accuracy or reliability of the information that may arise from the use of Freightol Manager. To the extent permitted by law, FREIGHTOL makes no representation or warranty that the Services or Freightol Manager are accurate, complete, or up to date; they are always available, will meet your expectations; or to be safe and not have errors, mistakes, defects, viruses or malicious programs. The Customer shall be solely responsible for the use of the data obtained by himself through Freightol Manager, a responsibility that extends, also, to the damage that may result from such use. The Customer assumes the obligation of serving the regime of responsibility indicated in the present clause, to their end-Users of the responsibility.
4. FREIGHTOL can not guarantee the suitability of the Service for a specific purpose, or the obtaining of results not to rely solely on your activity, or the use or implementation of technologies, know-how or technical means higher or more novel initially intended, known, and accepted by the Client.
5. FREIGHTOL is not responsible for warranty or representation made by any Third party without your prior written authorization.
LIMITATIONS OF LIABILITY
1. FREIGHTOL only provides the Customer with access to and use of the digital platform Freightol Manager. Given that the Services offered by Freightol Manager consist of only and exclusively in the provision of fees, and logistics management to the decision of the Client, without intervening or be responsible FREIGHTOL in the activities of transport and other circumstances result of the recruitment of the Client with Third parties, FREIGHTOL is not responsible for the damages or losses that may suffered by the Customer as a result of or in connection with the use of Freightol Manager or the Services. FREIGHTOL will only be responsible for the damages caused to the Client when they are directly derived from an error or a defect in Freightol Manager. The responsibility of FREIGHTOL will not apply to consequential damages, loss of profits or loss of benefits to the Customer. FREIGHTOL is not responsible, by way of example, of the damages that may arise from the relationship of the Client with Third parties who may use Freightol Manager, produced by the fault of the packet sent by the Client and the damage it can cause other packages during shipping or caused by the packing incorrect, faulty or not made to the merchandise.
2. FREIGHTOL not have any kind of control on the behavior of the Third parties and users of Freightol Manager. It does not, exploits, provides or manages the resources and transport vehicles, and does not provide services of transportation or logistics by Freightol Manager.
3. In no event shall the responsibility of FREIGHTOL damages, penalties, damages and other
  
  consequences arising from the fraud, misuse, improper or irregular rates, Services or Freightol Manager on the part of the Customer or of any Third party. FREIGHTOL reserves all relevant actions in defence of their legitimate interests it may have in the event that the use of Freightol Manager or the Services by the Customer will cause harm or damage of any nature.
4. In any event, the liability of FREIGHTOL will be limited to the price of the contracted Service. The Customer is solely responsible for the accuracy, appropriateness and correctness of the information provided to Freightol Manager. FREIGHTOL not assume any responsibility for the breach of this obligation, or by the abuse, and use not referred to, or misuse, or unauthorised modification, of the programme by the Customer or by any person outside FREIGHTOL. The Customer will be responsible for all charges, extra charges, penalties, damages or injury caused by the provision of incorrect or incomplete information, such as, for example, and without being limited to, errors in the shipping address, or collecting, labelling, nature of the article to be sent, their weight and/or volume or any other incident which may arise from behaviors culpable, omissions or negligence of the Customer relating to the information or management of shipments.
5. In accordance with current legislation, it is up to the parties to the contract of transportation to carry out the operations of loading, stowage and lashing of the goods; and shall ensure its proper implementation and being the only responsible for non-compliance of this obligation. FREIGHTOL is not involved in any of any operation of transport or logistics or any of the contract by means of Freightol Manager, and is not responsible in any way for your improper, incorrect, or lack of fulfillment. Be the Customer and the forwarder or any Third party contracted or engaged in the transport solely responsible for the activities of the office, administrations, customs, national, european and international transfer, and provision of documentation, inspections, fees, permits and other legal requirements, administrative and contractual required for the transport chosen, so that FREIGHTOL in no event shall be responsible for the correct or incorrect execution of such activities, as well as the possible return to origin of the shipment, the lack of necessary documentation, or shipment out-of-term costs of customs management, retention, seizure or destruction of the goods by the customs authorities, or the costs of the return and customs fees in case that might have been generated.
6. All the rates quoted by Freightol Manager are without VAT or other applicable taxes, so they can be consistently imposed by the VAT and/or other similar taxes on the value required at the time of your application. FREIGHTOL will not be responsible for the payment of national taxes and/or international regulations, particularly in relation to import or export.
7. The rates are indicated by Freightol Manager relating to picked up or delivered non-standardized nature may result in an additional payment with respect to what is stipulated by Freightol Manager, an amount that in any case it will be the responsibility of FREIGHTOL. Therefore, the Client assumes all additional costs that may generate such ports, including, among others, penalties, costs of transportation, issues, costs, customs clearance, storage, interest, surcharges, operational, or cost of fuel.
8. All the rates quoted by Freightol Manager apply exclusively to the transport of loads that do not contain articles or substances that when transported, pose a danger
  
  for the health, safety, property or the environment. In consequence, it is absolutely prohibited to use the Services and Freightol Manager for the transport of goods classified as ADR, IMO, or any of the other categories recognized as dangerous by the authorities, european or international.
9. The use of Freightol Manager is under the sole responsibility of the Customer. The services FREIGHTOL are aimed at professionals who, under his own responsibility, assume the estimates and calculations provided by Freightol Manager. Therefore, FREIGHTOL shall not be liable to any person or entity with respect to any damage allegedly caused by the use or non-use of Freightol Manager, both directly and indirectly, including work stoppages, changes in rates, loss of data, financial loss, or loss of anticipated profits as a result of the use of Freightol Manager.
10. FREIGHTOL has no responsibility on the agreements that the Client comes with a Third party as a result of your use of the Services or Freightol Manager (such as, for example, any transport company). If you have any problem with a transport that does or seeks to do through Freightol Manager, the Customer agrees that it shall resolve that issue with the relevant Third party and that the solution, in such circumstances, including any refund, lies with the relevant Third party and not on FREIGHTOL. In his virtue, FREIGHTOL not responsible for delays, changes, cost overruns, loss or any other damages that may arise from the contracts of carriage agreed with Third parties. In consequence, FREIGHTOL is exempt from any liability or damage which the Customer may have been produced by Third parties by means of Freightol Manager.
11. When the Services or Freightol Manager contain links to other sites and resources provided by Third parties, these links are provided for informational purposes only. FREIGHTOL has no control over the contents of those sites or resources and, therefore, assumes no responsibility for them or for any loss or damage that may arise from your use.
12. FREIGHTOL, in its capacity as provider of a service of intermediation, is not responsible, in any case, for the content that the Customer can store on their servers. The Client shall hold harmless FREIGHTOL of any claim, in this sense, may be brought against FREIGHTOL.
LEVEL OF SERVICE
1. FREIGHTOL maintains the accessibility to Freightol Manager 24 hours a day, 7 days a week, and 365 days a year, through the providers that guarantee a high level of security, redundancy and quality of service. However, there may be circumstances in which the Services leave temporarily unavailable. The Client is aware of such circumstances, and agree to the following levels of service:
  1. Access to and use of Freightol Manager will be available 24 hours a day, 365 days a year, with a level of service guaranteed 99%, computed on a monthly basis. ‌
  2. Additional tasks will be carried out only from Monday to Friday, excluding
    
    non-working days according to the working calendar of Barcelona, in hours of 9 am to 7 pm. The response time to queries or requests of the Client is set to 48 hours.
  3. The tasks of installation of updates and improvements will not be computed in the time of availability foregoing, provided that they are communicated to the Customer with an advance of at least 48 hours.
  4. Not be computed in the time of availability prior incidents relating to, or arising out of services rendered by providers of telecommunications networks, as it can be any interruption in access to the Services caused by a breakdown in the infrastructure of the service provider of web hosting of the Client.
  5. Finally, the level of service does not apply to any unavailability, suspension or termination of Freightol Manager, or any other problem of performance of the Services:
    1. they are caused by factors outside the reasonable control of FREIGHTOL, including any force majeure event, issues, or Internet access or related;
    2. as a result of any prohibited action, negligent or omitted by the Customer or a third party;
    3. that result from your equipment, software or other technology and/or the Customer's equipment, software or other Third party technology (excluding the equipment of Third parties that it is under control and the direct responsibility of FREIGHTOL); ‌
    4. arising from the suspension or termination of Customer's right to use Freightol Manager in accordance with the present Terms and Conditions. If availability is impacted by factors other than those listed explicitly in this agreement, FREIGHTOL may restrict access to Freightol Manager taking into account such factors, in its sole discretion.
CONFIDENTIALITY
1. Under these Terms and Conditions, the Parties undertake to observe strict confidentiality with respect to your content and all the “Confidential Information” that is derived on the occasion of the execution of the present Terms and Conditions, adopting the appropriate measures to ensure that only those authorized persons to have access to the same, referred to staff or collaborators of the parties that the need for the formalization and development of these Services.
2. Confidential Information shall be subject to the rules contained in this Agreement that is to be applied on any other provision, agreement signed between the Parties. Confidential Information includes proprietary information of the Parties that by their nature and characteristics, may be regarded as confidential to the extent in which it has been disclosed between the Parties as a consequence or effect of this Agreement, oral or written, graphical, susceptible of being read by a device or machine in any other tangible form, or by any other means.
3. Treatment of Confidential Information.
  1. The Parties undertake to take the necessary precautions and appropriate for
    
    maintain as confidential information as well defined, and in particular to:
    1. Use the Confidential Information form reserved.
    2. Not disclose or communicate Confidential Information provided.
    3. Prevent copying or disclosure of such information to Third parties, unless you have written approval of the other Party and only in the terms of such approval.
    4. Restrict access to the Confidential Information to their respective employees, associates, sub-contractors and to any person who, by his relationship with the Parties, it is essential that you can or need to have access to such information, warning of such a duty of confidentiality.
    5. Use the Confidential Information and / or fragments of it exclusively for the purposes of the execution of this Agreement, avoiding any other use.
  2. Is excluded from the present commitment of confidentiality the information that:
    1. it is public knowledge or becomes public knowledge through different means to an infringement of the rights of confidentiality for the Parties
    2. has been generated, independent of the Parties, without any connection with the Confidential Information, or Services provided by FREIGHTOL, and provided that such generation can be documented by the request of any Party, or
    3. was known prior to the date on which it was revealed that Confidential Information, provided that such prior knowledge can be credited as follows
    4. the information received comes from a Third party that does not require a secret, or
    5. must be communicated by law or by court or administrative order. In this case, the Parties shall be notified immediately such requirement so that the Parts affected may file the precautionary measures necessary, without disclosing any Confidential Information which is strictly required by court or administrative order.
      
      Without prejudice to the use of few resources could be exercised under cover of law, and with the object of avoiding that is to carry out an unauthorized disclosure of the Confidential Information, the Parties expressly reserve the right to take any precautionary measures prove to be relevant for safeguarding their rights under this Agreement.
  3. The obligations of confidentiality and non-use of the Confidential Information shall not be terminated and shall continue in force indefinitely until the earliest of the following dates until the Parties agree to faithfully written to the disclosure of a part or the totality of the Confidential Information.
  4. Upon termination of this Agreement, either Party may require the other Party, within a period of seven (7) business days after the termination of the Agreement or from the requirement, the destruction or return of the Confidential Information, including any copy, abstract, synopsis, summary, extract, modification, transformation or translation of the Confidential Information that had been made. The compliance of this requirement shall not entail termination or limitation of the obligations assumed in the previous paragraphs.
DATA PROTECTION
1. In compliance of the regulations on protection of personal data, this is the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, General Data Protection (“RGPD”) and the Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights, or the rules which complement or substitute, as well as regulations that may be applicable to the Client, FREIGHTOL and the Client asserts:
  1. To fully comply with their obligations in terms of data protection and, in particular, to save the most absolute secrecy regarding the personal data to which they have access by virtue of these Terms and Conditions or the provision of the Services.‌
  2. You have implemented and maintain, at its expense, sufficient measures organizational, technical and safety measures (especially those required in article 32 of the RGPD), to ensure a level of security appropriate to the risk arising from the processing of the personal data of each Part, particularly to protect against destruction, loss, alteration, unauthorized disclosure or access, accidental or in contravention of the law.
2. In case of the provision of Services involving the treatment of personal data by FREIGHTOL, it is reported that FREIGHTOL will try to provide some personal data the responsibility of the Customer, as the personal data of the signatories, the legal representatives of the Client or its staff or contact person; in order to manage and execute this Agreement and to provide the specific Services purchased by the Customer. These personal data will be retained only as long as the commercial relationship with FREIGHTOL or during the time needed to comply with the legal obligations that may be applicable. The data will not be disclosed to third parties except in cases where there is a legal obligation, or when this is necessary for the correct execution of this Agreement or the provision of the contracted Services, without FREIGHTOL use this personal information for other purposes. In any case, the interested parties may exercise the rights laid down in articles 15 to 22 of the RGPD, as well as consult additional information in the field of data protection in the Privacy Policy available on the website.
3. Because of the execution of this Agreement, no provision is made for access to personal data by any of the Parties for which treatment is the responsibility of the other Party. In the event that the provision of the Services involve access by FREIGHTOL to personal data processed under the responsibility of the Customer, shall apply AGREEMENT OF ASSIGNMENT OF PROCESSING OF PERSONAL DATA , which is included as Annex I to the present Terms and Conditions, in compliance with the provisions of article 28 RGPD. This agreement shall be binding upon FREIGHTOL, as the person in charge of the treatment, with respect to the personal data that you access for the account of or on behalf of the Client, as responsible of the treatment; to the effect of which will regulate the object, the duration, nature and purpose of the processing, the type of personal data and categories of data subjects and the obligations and rights of the person responsible.
MISCELLANEOUS
1. Modifications and completeness: FREIGHTOL may modify these terms and conditions of use of Freightol Manager to fit your technological and business environment, as well as to comply with the legislation in force. Any modification of these conditions will be published on the website of the FREIGHTOL with mention of the date of entry into force, and will be
  
  notified to the Customer by FREIGHTOL before the changes come into force. This Agreement, together with its Annexes, in their case, it contains the entirety of the agreements existing between FREIGHTOL and the Customer in connection with the subject of the Agreement.
2. FREIGHTOL and the Client are, in any case, independent contracting parties. In any case the Agreement is the creation of any connection between the parties rather than the derivative of the strict content of the same, but in virtue of its clauses, you create or establish any relationship of agency, employment, franchise, joint venture, partnership, or is granted legal representation to a party to act on behalf of the other.
3. Notwithstanding the foregoing, and except where otherwise indicated, the Client expressly authorizes FREIGHTOL to use the brands and logos of him for the purposes of its use as a commercial reference in its documentation. Such authorization of use in no way implies a license or transfer of the trademarks or logos, beyond the mere use was reviewed.
4. FREIGHTOL reserves the right to sublicense, in whole or in part, the Services covered by the Agreement. However, if such subcontracting involves access to personal data under the responsibility of the Customer, it shall comply with the obligations to such a course set out in current legislation regarding the protection of personal data.
5. The present Terms and Conditions does not imply exclusivity for FREIGHTOL. In terms of the Customer undertakes not to sell the information of the Users of Freightol Manager to any other Third party to market products or services which are identical or replacement to those provided by FREIGHTOL in every moment.
6. Partial Invalidity: If a court or any competent authority declared null and void or ineffective any provision of these Terms and Conditions or its Annexes, the rest of the Terms and Conditions shall remain in full force and effect, except in the course of that clause declared invalid or ineffective outside of substantial nature to the Agreement in a way that will frustrate the objectives of economic, legal and commercial persecuted by the FREIGHTOL and the Client.
7. Disclaimers: No waiver or relinquishment of the exercise of any rights or powers of which correspond to FREIGHTOL constitute a waiver of its exercise in the future.
8. Communications: In the case that it was necessary to send any communication to the parties as a consequence of the fulfillment of the obligations set forth in this Agreement, shall be referred to the name of each part and go to the place identified as their homes.
9. Applicable Law: This Agreement is expressly subject to Spanish law.

13.10 Arbitration / Jurisdiction If the Customer is a final consumer with habitual residence in a member state of the European Union, any claim, cause or dispute arising out of these Terms and Conditions may be resolved in any court of competent jurisdiction where you have your habitual residence. In all other cases, all litigation, dispute, question or claim resulting from the implementation or interpretation of this Agreement or related to it, directly or indirectly, submit irrevocably, with

express waiver of the jurisdiction that may correspond to them, to the jurisdiction of the Courts and Tribunals of the city of Barcelona.

SCHEDULE I - AGREEMENT OF ASSIGNMENT OF PROCESSING OF PERSONAL DATA

For the proper execution of the Terms and Conditions and the provision of the Services contracted by the Customer, FREIGHTOL may have access to personal data processed under the responsibility of the Customer.

To that effect, FREIGHTOL will act as the person in Charge of the Treatment (hereinafter, the “Responsible” or “FREIGHTOL”) for the account of the Client, who acts as the Responsible of the treatment (hereinafter, the “Responsible” or “Customer”). Accordingly, the agreement, assignment of processing of personal data (the “Agreement Commission”) has as objective to regulate the commitment between the Parties in relation to the processing of personal data of the person Responsible for the Charge.

In accordance with the foregoing and in compliance with what is established in article 28 of Regulation (EU) no. 2016/679 of 27 April 2016 (hereinafter, “RGPD”), in the case of FREIGHTOL requires access to the personal data of the Client, the Parties agree freely entering into this Agreement in Order to regulate the access to and processing of the personal data, on the basis of the following:

STIPULATIONS

Definitions
- “Personal data”: information about an identified or identifiable natural person, such as, for example, name and surname, e-mail, contact, etc
- "Data processing”: any technical procedure or operation, whether automated or otherwise, that allow the collection, recording, conservation, elaboration, modification, consultation, use, cancellation, blocking or suppression, as well as the transfer of data resulting from communications, consultations, interconnections and transfers.
- “Responsible for Processing” or “Responsible”: the natural or legal person, public authority, or other body which, alone or jointly with others, determines the purposes and means of the processing. In this case, the Client.
- “Processor” or “Manager”: the natural or legal person, public authority, service or other body which processes personal data on behalf of the controller. In this case, FREIGHTOL.
- “Breach of security”: any breach of security leading to the destruction, loss or accidental or unlawful personal data transmitted, preserved or otherwise processed, or the communication or unauthorised access to such data.
Object

The object of this Contract is to regulate the terms and conditions of the access to Personal Data on the part of the Manager with the sole purpose of providing the Services contracted by the Client and the access and use by the Customer of the digital platform Freightol Manager.
Duty of Confidentiality
1. The manager undertakes to keep the strictest confidentiality about the information to which they have access by reason of the provision of the Service. In this sense, it will meet properly and at all times the provisions contained in the regulations of protection of data, both national and community level, which is applicable in every moment.
2. The manager is committed to implementing measures of a technical and organizational nature appropriate, in accordance with article 32 of the RGPD, to ensure the security of Personal Data and the rights of data subjects according to the existing risk and its likelihood and impact.
3. In particular, the Manager undertakes to implement, as a minimum, the following security measures:
  1. Have a procedure of restoration of Personal Data.
  2. Have a procedure of encryption of Personal Data.
  3. Ensure the confidentiality, integrity, availability and resilience of permanent systems and treatment services.
  4. Set the prohibitions necessary to use the data and information obtained with these systems, preventing its use for a purpose other than as set forth.
  5. To verify, evaluate and assess, on a regular basis, the effectiveness of the security measures implemented to ensure the safety of the treatment.
Obligations of the Manager
1. To use the Personal Data strictly to fulfill the purpose for which it is given access, that is, the provision of the Services, you will not comunicándolos, even for its conservation, to third party entities.
2. Collaborate with the Responsible of the Treatment with the duty to report violations of safety, in the conduct of impact assessments, and accreditation compliance of the obligations as required by the regulations in relation to the processing of Personal Data.
3. Keep a written record of all the activities of the processing of personal data that you make.
4. Hire suppliers or service providers that provide assurance of compliance with the applicable regulations on data protection. In any case, the Manager may subcontract those treatments that are necessary for the proper provision of the Services, without prior written authorization of the controller.
5. Collaborate with the leader in the processing and response to requests for exercise of
  
  rights received by the Responsible in the event of such a request involving the Services provided by the Manager.
For the purpose of providing the Service
1. The Manager undertakes to delete or return the personal data after the provision of the Service, as well as any media or documents which may contain any personal data of the subject of the services provided.
  
  5.2. Shall not proceed with the erasure of Personal Data when appropriate conservation in virtue of a legal obligation, in which case the Officer shall proceed to the custody of the same by blocking the Personal Data and limiting their processing in both may derive responsibilities of your relationship with the person Responsible.
Completeness

This Agreement of Assignment supersedes any other prior agreement between the Parties with respect to the processing of personal data to which you have access to the processor in the performance of their functions as a provider of Services.

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La actualidad del sector transitario: septiembre 2023

Terms and Conditions of Freightol Manager

PLEASE READ THIS AGREEMENT BEFORE USING THE SERVICES OF FREIGHTOL.

BY ACCESSING OR USING THE SOFTWARE OR THE SUPPLY OF SERVICES FREIGHTOL, YOU (the"Customer ") ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.

FREIGHTOL IS NOT RESPONSIBLE FOR THE DAMAGES THAT MAY BE BE SUFFERED IN CONNECTION WITH YOUR USE OF THE SERVICES OR THE RELATIONSHIP WITH THIRD PARTIES THAT ARE NOT DIRECTLY DERIVED FROM ERRORS OR DEFECTS OF THE PLATFORM.

IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICES.

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