Terms of service

Inmoweb, SL., hereinafter INMOWEB, with registered office at Av. Manoteras 38 C207 and CIF B72472657, makes available to the client, a Real Estate Management Web System called "INMOWEB", in the terms established herein document. The payment and the signature by the CLIENT will imply their acceptance.

1. OBJECT.

The purpose of these Conditions is to establish the framework in which INMOWEB will provide the CLIENT, and the CLIENT will use, the INMOWEB Service. The INMOWEB Service, in the modality chosen by the CLIENT, will be provided at the national level and for its provision, compliance with the Prerequisites contained in the Second Condition will be an indispensable condition. The object of this contract is the provision of an On-line service conceived for the real estate sector called INMOWEB. The INMOWEB Service is provided to the CLIENT exclusively as a freelancer or company as an end user, for their exclusive use, not being able to act as a reseller or distributor of any kind against third parties. If it is detected that the CLIENT is reselling the product, the contract will be automatically terminated. The INMOWEB Service will consist of:

1. 1.1 Web template on the domain that is the object of this contract. The client knows all the details regarding the web design and structure and understands that these are based on predesigned templates or, if contracted, graphic customization of these templates. There is no obligation whatsoever on the part of INMOWEB when making design and / or structure changes in any case. The web structure is composed of: front page with welcome text *, contact information *, abbreviated search engine, display of properties by type *, possibility to place limited featured offers on the front page *, external links *, internal pages *, results page according to search, extended property detail file, recruitment form, company page *, contact page * and display of languages ​​* activated. (* Updatable by the client). This structure may change without prior notice.
2. 1.2 Software based on HTML / ASP / PHP / .NET / SQL Server technology on a Specialized Web Server supported by the Hosting Provider. This software enables the client to fully manage their real estate offer.
3. 1.3 Web hosting according to the contracted plan modality.
4. 1.4 Support Service according to the contracted plan modality.

2- PREREQUISITES.

The requirements that are detailed below will be considered as indispensable and necessary requirements for the provision of the INMOWEB Service.

1. Computer Equipment Requirements of the CLIENT. You must have: Web browser: Chrome, Firefox or Safari (all in their latest versions). Screen resolution of 1280x720 pixels or higher, Computer at 2.4GHz or higher with 4GB of RAM memory or higher. & Nbsp; Internet access: through ADSL / Fiber line 30MBS or higher. Adobe Flash 10 or higher plugin installed. In case of access through smartphones or tablets, versions with less than 1 year are required.
2. Financial Requirements : Payment in advance of the amount corresponding to the contracting method of the chosen INMOWEB Service.
3. Domain registered on the Internet or request for it. In the case of a new registration: INMOWEB will carry out all the procedures and payment of fees necessary to register the domain in the name of the owner of this contract as long as said domain is available for registration at the time of signing said contract. If the client does not comply with the conditions agreed in this contract or its permanence, INMOWEB reserves the right to seize the domain due to non-compliance. In the event that the client already has a registered domain, he must change his dns to use it with INMOWEB.

3- INMOWEB SERVICE MODALITIES OR PLANS

The contracted service includes registration or transfer of your domain (the requirements for transfer mentioned above are essential) and payment of renewal fees during the contract period. The available modalities are:

Ask us if you need more user licenses. Plans have a 1 branch limitation for START and TOP. 5 for PRO and 10 for GOLD. ** There is a limit depending on the server, contact us.

4- OBLIGATIONS OF THE PARTIES.

1. INMOWEB's Obligations: From the date on which the CLIENT's compliance with the Prerequisites is accredited (hereinafter, "Service Activation Date"), INMOWEB will be obliged to: a) Provide the INMOWEB Service to the CLIENT under the conditions set forth in this document. The usual average start-up time for an INMOWEB Service is 3 to 30 days, this period of time not constituting any contractual obligation on the part of INMOWEB. b) Make the Additional Services described in the Specific Conditions applicable to the promotion available to the CUSTOMER in accordance with the contracted modality of the INMOWEB Service. c) Provide Permanent Technical Support service through its ticket channel installed in the BackOffice panel. d) Keep the INMOWEB Service operational for use 24 hours a day, except for temporary interruptions due to maintenance operations. Said interruptions will be communicated, as far as possible, with sufficient notice to the CLIENT through the Inmoweb website. The above obligation will not be enforceable from INMOWEB in the event of force majeure, if there is a drop in the telephone / communications network that serves as the basis for the provision of the same beyond its control and control. & Nbsp; & nbsp; & nbsp; & nbsp; & nbsp; & nbsp ; & nbsp; e) Maintain and guarantee secrecy in communications, unless required by the competent judicial or administrative authority, in which case, reserves the right to provide the information required by them without prior notice to the CLIENT.

   INMOWEB is not responsible for the real estate purchase and sale operations carried out as a result of the sharing between adhered agencies through its MLS.

2. Obligations of the CLIENT: Effective from the Service Activation Date, the CLIENT will be obliged to: a) Maintain the contract during the period of duration hired. b) Respect and maintain the agreed permanence contract c) Pay in advance the amounts owed by the INMOWEB Service, as they are defined both in this INMOWEB contract. Said amounts may be paid by direct debit for monthly contracts, which may be for transfer or credit card for other cases, limiting the first installment after the activation of the service to be paid exclusively by transfer, deposit or card payment. d) Not to use the INMOWEB Service in contravention of the law or of these Conditions, in particular the CLIENT is prohibited from using of the INMOWEB Service for the commission of criminal offenses, the violation of legislation on Intellectual Property, Patents and Trademarks and / or the infringement of any legislation that is applicable to the use by the CUSTOMER of the INMOWEB Service. e) Allow INMOWEB to place up to 2 html or graphic type links on the client's website. Any attempt to disable or hide said logo / s, may entail a penalty to the CUSTOMER of 395EUR (taxes not included) or the termination of the service offered by INMOWEB f) Save and safeguard the access codes and the CUSTOMER identifier provided. The CLIENT assumes, therefore, all damages and / or losses of all kinds derived from the breaking or disclosure of said passwords. g) Maintain operational and updated the e-mail address provided in this contract for communications and receipt of electronic invoices, the client renouncing the paper invoice, said email being the preferred means of communication for agile and fluid management. g) MLS: The client is solely responsible for the sharing of their properties with other INMOWEB agencies, being able to say which properties will be shared at any time. H) The client accepts that the property of the gateways of publication in portals are owned by Web Experience, which assigns its use to automate publication processes, therefore INMOWEB reserves the right to cancel, modify the gateways with prior notice and incorporate Descriptive texts automatically in the CLIENT's advertisements in the export process, in order to be able to identify advertisements exported from INMOWEB with respect to the others.

6- ECONOMIC CONDITIONS.

Service fee: The CLIENT for the provision of the Service must pay INMOWEB a fixed fee and a periodicity determined in the Terms of Service , which will be paid by the CLIENT in advance. This fixed fee may be increased for successive periods depending on the variation of the CPI. INMOWEB reserves the right to modify these installments from the second installment, obliging itself to notify such modification to the CLIENT at least FIFTEEN (15) days prior to the renewal date . The client may terminate the contract in case of disagreement with said increases. In case of non-payment or bank refund by the CLIENT of any of the amounts above mentioned: INMOWEB reserves the right to temporarily suspend the Service after THREE (3) days from the expiration date of your invoice, being able to suspend the service definitively after FIFTEEN (15) days, terminating the contract with the CLIENT for reasons attributable to it. In the event that the client does not comply with the Permanence would be penalized by an amount calculated according to the formula: [monthly installment X months to complete until the end of the stay / 2]. In addition, INMOWEB will invoice THIRTY (30) € per returned receipt, which may be required in a different way such as deposit or transfer or credit card. INMOWEB reserves the right to provide any information about the Client to the delinquency register: Register of Defaulters ASNEF / EQUIFAX. INMOWEB will not refund amounts advanced by the client.

Optional services not included in the Inmoweb service :

• a) Logo change: 40 €
• b) Change of client's web template: € 30
• c) Change of domain: € 90 (does not include your registration)
• d) Custom XML gateway: € 90 (requires prior study)
• e) Extension of accommodation: 1GB: € 9 / month
• f) Private MLS (for every 5 agencies):: € 150 / year
• g) Other services: Consult

                      

7- RESPONSIBILITIES

Communications : INMOWEB will not be responsible for any failures that may occur in the use of the Hosting program or service, including deletion, incomplete transmission or delays in the referral, not committing itself to the transmission network is operational at all times.

Infallibility : INMOWEB does not control or guarantee the infallibility of the service or the absence of computer viruses in the services provided by third parties, which may cause alterations in your computer system (software and hardware) or in the electronic documents and files stored on your computer system.

Use and Contents : INMOWEB, which acts exclusively as a service provider, does not control the CUSTOMER's use of the INMOWEB Service. In this sense, INMOWEB is not responsible for the use and / or content that the CLIENT may make of it, the CLIENT being solely responsible for the consequences that its illegal use or contrary to these conditions could have, as well as for the veracity and / or legality of the content displayed. In the event that INMOWEB discovers the existence of content that may violate current legislation or the use for fraudulent, illegal and / or unauthorized purposes of the INMOWEB Service, INMOWEB reserves the right to suspend the INMOWEB Service itself totally or partially. , without the need for prior authorization from the CLIENT, reserving the power to inform the judicial authorities of said facts. In case a use of Space in MB is detected. or a traffic rate higher than that authorized in the text of the General Conditions under which the CUSTOMER contracts the INMOWEB Service, the CUSTOMER will have THREE (3) days to normalize the excess of use, after this period, INMOWEB will apply the rate appropriate to the actual consumption of space usage in MB. or transfer rate, setting the new rate for a minimum period of ONE month

Inmoweb MLS : INMOWEB is not responsible for the publications or the real estate sales operations carried out as a result of the sharing between adhered agencies through its MLS.

Search Engine Optimization and OnPage SEO : Although the websites offered with the service are generally optimized for search engines, INMOWEB does not offer any guarantees regarding the search engine ranking of the client's website. The Inmoweb service does not offer guarantees of semantic errors, nor minimum scores in tools such as PageSpeed ​​Insights, although INMOWEB will ensure that it offers the best coding for the best possible indexing and performance.

Translations and languages ​​: Chinese, Arabic, Basque and Galician languages are offered using Google Translate technology, so a perfect translation cannot be guaranteed, therefore, we are not responsible for errors in said translations.

Publication in real estate portals : INMOWEB does not control or guarantee the infallibility of the self-publication service in the real estate portals with which it connects, although it will do everything possible to make exports as efficient as possible . Given that 3 entities come into play in this export (the client, the portal and the software), it cannot be guaranteed that the exports will be 100% effective or absent of errors. The client will ensure that they follow the instructions provided by Inmoweb and the requirements of each portal and will be responsible for the content of their advertisements and their accuracy. Likewise, INMOWEB reserves the right to cancel the connection of any client who misuses, or ignores the instructions provided by Inmoweb. INMOWEB is the unanimous owner of all gateways.

Limitation of liability : In any case, INMOWEB's liability will be limited to the total amount of fees actually paid by the CLIENT under this contract, expressly excluding all liability for direct or indirect damages, consequential damage and / or loss of earnings.

8- INTELLECTUAL AND INDUSTRIAL PROPERTY.

The CLIENT acknowledges that the source code, images, designs, drawings, content, logos, trademarks and any other product capable of being protected by virtue of the applicable legislation on Intellectual property, Patents and Trademarks to which it has access By subscribing to the INMOWEB Service, they are the property of INMOWEB or of third party owners thereof, except for the content entered or provided by the CLIENT. & nbsp; The CLIENT agrees to make use of the INMOWEB Service respecting such rights. & Nbsp; The contracting of the INMOWEB Service by the CLIENT does not imply in any case: The possibility of accessing the source code of the INMOWEB Service, access to the Database directly, except for the mechanisms provided in the INMOWEB Service. INMOWEB prohibits the use of the service in any way that directly or indirectly implies the violation of the applicable legislation on Intellectual Property, Patents and Trademarks, such action, as well as its consequences of the exclusive responsibility of the CLIENT, who will maintain, in any case, INMOWEB harmless.

9- MODIFICATION OF THE GENERAL CONDITIONS OF THE SERVICE.

INMOWEB may, at any time, modify these general conditions, just by communicating it on the web https: // www.inmoweb.es/condiciones with a notice of FIFTEEN (15) days. If there is no opposition on the part of the client in the SEVEN (7) subsequent days, it will be assumed that the client accepts said new modifications.

10- TREATMENT OF PERSONAL DATA.

For the provision of these services it is necessary that INMOWEB. (The Person in Charge of Treatment) has access to the personal data kept by the client (The File Manager). That for this reason, and in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, regarding the protection of natural persons with regard to processing of personal data and the free circulation of these data and by which Directive 95/46 / CE is repealed, hereinafter RGPD, both parties of their free and spontaneous will agree to regulate this access and processing of personal data in accordance with the following CLAUSES: 1- The Responsible for the Treatment makes available to the Person in Charge, the Treatment called CLIENTS so that The latter perform services consisting of the Maintenance of the management program, so that the Treatment Manager can execute the services for the contracted purposes. 2- It is stated that the files that the Data Controller makes available to the Treatment Manager are duly legalized and legitimized, in compliance with the security measures provided for in the RGPD. 3- Access by the Person in Charge of Treatment to the data contained in the files owned by the Person in Charge of Treatment, will be carried out solely and exclusively for the purpose of Maintenance of the management program. 4- The Person in Charge of Treatment undertakes to maintain professional secrecy regarding personal data, forcing himself not to communicate them to other people. 5- In compliance with the RGPD, the Data Controller has adopted all the legally required security measures for the protection of the personal data provided by the Responsible. Likewise, the person in charge of the treatment does not guarantee the veracity or validity of the data provided by the person in charge of the treatment. 6- Once the contractual provision has been fulfilled, The personal data used by the Person in Charge of Treatment must be destroyed or returned to the person responsible for it. The treatment of CLIENTS will be the property and responsibility of INMOWEB. The client at all times has the right to request access, rectification, deletion or forgetfulness, limitation, opposition, portability and to withdraw the consent given with respect to the data personal offered, in the terms included in the data protection legislation. To this end, a letter signed by the client must be sent to the postal address of INMOWEB, to the postal address: Web Experience, S.L. Av. Manoteras, 38, 28050 Madrid. The delivery of all the data required for the contracting of any INMOWEB Service is mandatory.

11- PRIVACY POLICY

The personal data of the client collected here may be used to send advertising and other commercial promotions, newsletters, publication in portals and / or Internet search engines, administration of the Service and incident management. & nbsp; The CLIENTS file will be the property and responsibility of INMOWEB. The client has the right to request rectification, cancellation and opposition in the terms set forth in the data protection legislation. To this end, a registered letter must be sent by the client to the registered office of INMOWEB. & Nbsp; The delivery of all the data required for contracting the INMOWEB Service is mandatory.

12- FORUM AND APPLICABLE LEGISLATION.

The parties, expressly waiving their own jurisdiction, accept the Spanish legislation as the governing law of this contract and submit to the Courts and Tribunals of Madrid, Spain for the resolution of any litigation that may arise from it.

CONTRATO-IMW25022021