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Terms & Conditions

Updated January 2023

 

GENERAL TERMS AND CONDITIONS: 

 

The purpose of these general conditions are to regulate the conditions applicable to the contracting processes carried out by the user (also referred to as “the client”) of the online memberships offered by AJP INICIATIVES DIGITALS, S.L. through its website: https://nodecharts.com. 

 

These conditions shall remain in force and shall be valid for as long as they are accessible through the website, all without prejudice to AJP INICIATIVES DIGITALS, S.L. reserves the right to modify, without notice, the general conditions and any of the legal texts that are on the website. 

 

In any case, access to the website after its modification, inclusion and/or replacement, implies the acceptance of the same by the user. The client is subject to the general conditions, legal notice, privacy policy and cookies in force at each of the moments of the corresponding contracting process, which is not possible without prior acceptance of these general contracting conditions, legal notice, privacy policy and cookies. 

 

The process of electronic contracting through the website: https://nodecharts.com will be conducted between the “Customer” and “AJP INICIATIVES DIGITALS, S.L.”. Will be considered “Customer” of the website those consumers who are natural or legal persons, who register using the form provided by filling in your name, surname, ID card, .N.I.F, N.I.A., passport, N.R.T., ID, address, city, country, state, postcode, email and have made the appropriate payment to access the membership.

 

AJP INICIATIVES DIGITALS, S.L, disclaims all liability in connection with the data provided by the customer, on the occasion of the recruitment of online memberships offered.

 

PRICE AND METHOD OF PAYMENT:

 

The price and method of payment are those specified on the website. Payment can be made by credit card (Visa or Mastercard) following the payment methods offered on the website. 

 

The payment process requires the completion of the membership registration form in which the contact and invoicing data (full name of the individual or legal entity, ID or NIF, ID, contact email and address) will be collected, choosing the desired payment method (monthly payment option or single annual payment).

 

Once payment has been made by any of the chosen payment methods, an email will be sent to the client informing them of access to the membership, and an invoice will be sent by the same means within a maximum period of seven (7) days. 




WITHDRAWAL RIGHTS:

 

The membership subscription fee is payable in advance and is non-refundable. Payment must be made via the approved payment methods as indicated on the website https://nodecharts.com.




 PERSONAL DATA:

 

By virtue of compliance with Llei 29 2021, del 28 d’octubre, qualificada de protecció de dades personals, the client is informed that the personal data contained in this contract and those provided during the business relationship will be processed by AJP INICIATIVES DIGITALS, S.L., in order to carry out the management of the provision of services offered, and, where appropriate, the management of usability records in order to make profiles of user browsing habits, analysis of activity and recommendations for use that may be of interest to you as a user of the service. The client agrees that their data may be transferred to the entities necessary to carry out this management and to the public administration in the cases provided for by law. 

 

The processing of the customer’s personal data is legitimate in the execution of this contract and is essential for the provision of the service. The customer’s data will be kept for as long as the relationship with INICIATIVES DIGITALS, S.L. is maintained and for the periods established by tax legislation.

 

The customer agrees, by checking the appropriate box, for sending, by email, sms or other means, information about products and services AJP INICIATIVES DIGITALS, S.L., which may be of interest. The customer may freely object to receiving information about such products and services, without this conditioning the execution of the contract.

 

The exercise of the rights of access, rectification, suppression, opposition, portability and limitation of data processing can be made at the following address: Carrer Esteve Albert, Edifici La Roureda, Bloc A, 1R Pis, 2A Porta, Santa Coloma, Andorra La Vella, PRINCIPAT D’ANDORRA, indicating as reference “Exercise of LQPD rights”. The Client may contact AJP INICIATIVES DIGITALS, S.L, at the following e-mail address: info@nodecharts.com. In any situation, the client has the right to file a complaint with the Data Protection Agency of Andorra (APDA).

 

For their part, both AJP INICIATIVES DIGITALS, S.L, and its staff, suitably trained in data protection, are obliged to:



To maintain due confidentiality with respect to the data subject to the provision of the service;

To implement the necessary security measures to: guarantee the confidentiality, integrity, availability and resilience of the processing systems and services; restore the availability and access to personal data quickly in the event of a physical or technical incident; verify, evaluate and assess, on a regular basis, the effectiveness of the technical and organisational measures implemented to guarantee the security of the processing; encrypt personal data;

To keep an updated record of the processing activities carried out by AJP INICIATIVES DIGITALS, S.L, on behalf of its Clients;

To assist the Client before possible requests for the exercise of data protection rights (access, rectification, deletion, opposition, portability and limitation of data processing) by the interested parties;

To notify the Customer as soon as possible of security breaches of the data under its responsibility, so that the Customer has sufficient time to inform, where appropriate, the APDA or the data subjects;

To support the Customer, where appropriate, in carrying out data protection impact assessments and in carrying out prior consultations with the supervisory authority;

To make available to the Client all information necessary to demonstrate compliance with its data protection obligations and to allow inspections or audits to be carried out by the Client or by an auditor authorised by the Client.



CONDITIONS OF USE:

 

The conditions of use of the membership may be indicated in the particular conditions and in the web access to the contents of the membership.

 

 The user will refrain from using the services or products of AJP INICIATIVES DIGITALS, S.L, for illegal or prohibited purposes or effects, harmful to the rights and interests of third parties. It also undertakes to use them correctly, diligently and in accordance with the law and these conditions. 

 

AJP INICIATIVES DIGITALS, S.L. reserves the right to take the measures it deems appropriate, if there are reasonable indications of fraudulent use.




INTELLECTUAL OR INDUSTRIAL PROPERTY

 

All intellectual or industrial property rights of the products or services mentioned in these conditions, source codes, graphic design, logos, text, graphics, illustrations, photographs, text, images, and other elements that appear, are owned by AJP INICIATIVES DIGITALS, S.L, corresponding to the exclusive exercise of the rights of exploitation thereof, without being understood that access attributes any rights over them. 

 

AJP INICIATIVES DIGITALS, S.L reserves the rights of reproduction, modification, adaptation, public communication, maintenance, correction of errors, transfer, sale, rental, loan and any other intellectual or industrial property rights that may apply to any of the services or products described in these conditions.

 

Also, the customer acknowledges that the information which can be accessed through the service may be protected by intellectual property rights, or otherwise, owned by AJP INICIATIVES DIGITALS, SL or third parties. AJP INICIATIVES DIGITALS, S.L shall not be liable under any circumstances and under any circumstances for infringements of such rights that may be committed by the customer through the service covered by this contract.



APPLICABLE LEGISLATION: 

 

All disputes or claims arising from the interpretation or execution of these conditions of use shall be governed by Andorran law. The parties submit to the jurisdiction of the Batllia d’Andorra, which is the court of first instance in civil, administrative and criminal jurisdictions, for the resolution of any disputes that may arise from their execution or interpretation. 




SPECIFIC CONDITIONS FOR MEMBERSHIP VIA THE WEB.



PURPOSE OF THE SERVICE

 

These conditions regulate the memberships that are made through the web platform www.nodecharts.com of AJP INICIATIVES DIGITALS, S.L.

 

DURATION OF THE SERVICE, PRICE AND PAYMENT CONDITIONS

 

The duration of the contracted membership and the specifications will be indicated on the order form and information attached to these conditions.

 

The price of the service is that stated on the website, which will be invoiced once the amount has been paid, not including said price and therefore being at the expense of the CLIENT, the technology necessary for access to the application. 

 

The CUSTOMER shall be responsible for the GENERAL INDIRECT TAX (IGI) or any other tax that may be levied on the provision of the contracted service.




CONDITIONS, AVAILABILITY OF THE SERVICE AND ACCESS TO SUPPORT

 

Once the contracting process has been completed and the conditions applicable to the service contracted have been accepted, the user’s membership will be activated, which will be done by e-mail and within a maximum period of 48 hours. 

 

If the customer has not received the activation within that period, you should contact AJP INICIATIVES DIGITALS, S.L. in the email address info@nodecharts.com as provided in this Clause.

 

The customer acknowledges that the identification numbers and passwords that are assigned to access these services are personal and non-transferable, being solely responsible for the consequences that may arise from the misuse, disclosure or loss of them. 

 

Likewise, the client expressly undertakes not to share the user identifier and access password with any other natural or legal person. In the event of non-compliance with this prohibition, the customer shall be solely responsible for the acts carried out by the natural or legal person who makes unauthorised use of the user identifier. 

 

The customer shall have 1 month to access the free membership on the web platform; In the event of not accessing the free membership for two months, the customer shall lose the right to access such membership. 

 

Registered users must pay AJP INICIATIVES DIGITALS, S.L. a monthly membership fee, as set out in the description of prices at the time of registration. AJP INICIATIVES DIGITALS, S.L. reserves the right to increase its membership fees. AJP INICIATIVES DIGITALS, S.L. will make every effort to provide prior notice of any price increase. 

 

The membership fee is payable in advance and is non-refundable. Payment must be made through the approved payment methods as indicated on the website.  

 

In case of providing recurring payment information for automatic debit of the subscription fee, the customer authorises AJP INICIATIVES DIGITALS, S.L to debit his or her designated credit card at the time of registration (or when updating such information thereafter) on a recurring basis for Membership Fees. 

 

By default, Nodecharts memberships create a subscription schedule based on the date the customer subscribes to a plan. For example, if a customer subscribes to a monthly plan on 1 January, the first payment for the product is executed on 1 January, the second payment will be executed on 1 February and will be renewed monthly.

 

In the event of any incident in the registration process, in accessing the Platform or the contracted membership or in the event of any doubt or functional or technical clarification that the User may require, he/she may contact AJP INICIATIVES DIGITALS, S.L. by e-mail at the following address: info@nodecharts.com. This service covers all the resolution of functional incidents (doubts about the operation of the Platform, dates, documentation…) administrative (billing, certificates…) and technical (access problems, incidents with the Web Platform…) that may arise during the period covered by the Product/Service contracted.

 

The technical assistance service will be operational 8 hours a day, 5 days a week with the following timetable: from 9.00 to 14.00 and from 16.00 to 19.00 from Monday to Friday, except for national holidays. The request for assistance, as well as by email, can be made through the Client Area available in the main menu of the Web Platform as well as in the contracted membership itself. 



GUARANTEE AND RESPONSIBILITIES

 

AJP INICIATIVES DIGITALS, S.L, shall not be liable for any operating errors or damages caused by breach of the client’s own obligations, nor for the actions or omissions of the client or third parties, as well as the direct or indirect consequences arising from misuse of information or the platform, as well as having the appropriate technology according to the specifications of the system to ensure proper access to service, access control by outsiders, virus prevention and any other reasonable preventive measures.

 

AJP INICIATIVES DIGITALS, S.L, shall not be bound by commitments or promises made by persons outside the company, or by erroneous expectations regarding the content offered to the customer.

 

The non-fulfilment of obligations established in the present conditions will not be imputable to the party if such non-fulfilment is due, despite the due diligence of the party, to causes of force majeure such as wars, revolutions, public disorders, strikes, natural disasters, fires or explosions and, in general, to any event, independent of the will of the parties, which meets the circumstances of unpredictability, irresistibility and externality.

In the event that one of the parties is liable to the other party for the achievement of damages and/or losses of any kind under these conditions, it shall in no case be liable for indirect damages, loss of profits, loss of business, reputation in the market or other similar damages that may be caused to the other party.

 

 

COOKIES TECHNOLOGY

 

AJP INICIATIVES DIGITALS, S.L, informs you and with the aim of complying with the prescriptions established in the Llei 29 2021, del 28 d’octubre, qualified de protecció de dades personals, that our web environment uses cookies to provide technological support to our platform. Cookies make it possible to store and retrieve information, among other things, to facilitate user recognition and to ensure the best possible browsing experience.

 

In this application, analysis cookies may be used, which will allow us or third parties to quantify the number of users and thus carry out the measurement and statistical analysis of the use made by users of the service. All this, in order to improve the application and operating environment where it is stored. The client may prevent cookies from being generated in their browser, configuring it in such a way as to disable the use of cookies. However, in this case, browsing may be somewhat slower and the general use of the application may be reduced.



CAUSES FOR TERMINATION

 

  • Termination of the service.
  • The non-payment of any amount by the client or the breach of any of the clauses established in the present conditions will give rise to automatic termination.
  • The falsity, in whole or in part, of the data supplied in the process of contracting any service.
  • Altering, circumventing, reverse engineering, decompiling, disassembling or altering in any way the security technology provided or included in the site: https://nodecharts.com.
  • In cases of abuse of the support services.
  • Any breach of the contractual conditions.

 

The resolution implies the loss of rights to the service contracted by the client with AJP INICIATIVES DIGITALS, S.L.  

AJP INICIATIVES DIGITALS, S.L. reserves the right to unilaterally terminate the contractual relationship, if exhausted all possible means for its provision, the case of the justified impossibility of the service.

 

The customer agrees that AJP INICIATIVES DIGITALS, SL may without notice, terminate access to the Service and / or block future access to the Service if AJP INICIATIVES DIGITALS, SL determines that the Customer has breached these Terms and Conditions, Legal Notice, Privacy Policy and Cookies or other agreements or guidelines that may be associated with the use of the Service. In the event of termination by AJP INICIATIVES DIGITALS, S.L. for the above reason, there will be no refund of the Subscription Fee.



GENERAL PROVISIONS

 

The client may not assign, transfer or sublet to any natural or legal person the rights and obligations that correspond to him under this service contracted, without the express written permission of AJP INICIATIVES DIGITALS, S.L., being void any act carried out without such authorization.

 

The client recognizes the rights of intellectual property on the platform, content, components, as well as documents that make up and integrate.

 

The Client accepts that AJP INICIATIVES DIGITALS, S.L. can use the logo of the Client’s company free of royalties and free of charge for marketing and advertising purposes, such as, among others: location on the corporate website of Nodecharts, transmission through the channels of social networks of Nodecharts, newsletters, advertisements, testimonials.

 

In the event that any or some of its clauses become invalid, illegal or unenforceable under any legal rule, they shall be deemed ineffective to the extent applicable, but otherwise this contract shall remain valid.

 

The parties will resolve any conflict arising from the execution, interpretation, fulfilment or non-fulfilment of this contract before the Batllia d’Andorra, which is the court of first instance and jurisdiction in civil, administrative and criminal jurisdictions.