On the one hand, the Los Enebros Restaurant S.L. (Hereinafter Los Enebros Restaurant), with registered office at Avenue Nuestro Padre Jesus Cautivo, 19 - FUENGIROLA (Malaga) 29640 and CIF .
On the other hand the contractor, natural or legal person (hereinafter CUSTOMER) completing the contract form with the information required and that Los Enebros Restaurant establishes a commercial activity through this contract. The contractor knows, understands and freely accepts, after having read the characteristics of each service, the following terms..
FIRST - OBJECT
Los Enebros Restaurant is committed to provide Customer services requested by him in the contract form, in accordance with the specific terms of each service requested contained in the respective regulatory conditions of each one of them.
Both the contract form as documents of special conditions to provide the contracted services will be part of the procurement documents for all purposes..
SECOND - TERM OF CONTRACTUAL RELATIONSHIP
The contractual relationship shall enter into force on the date of submission of the form duly completed and signed by the Customer or electronic acceptance, at which time means perfected the contractual relationship and remain in force until compliance Los Enebros Restaurant concrete services requested or, failing that, in the case of continuous service for one (1) year from that date of shipment, automatically renewable for successive periods of the same duration, unless communication against by Customer 15 days in advance the date of expiration of the initial term of the contractual relationship or of any of its extensions.
THIRD - ECONOMIC CONDITIONS
Third 1.- Price
The total price of services in each case are engaged by the Customer shall be calculated according to the rates recorded for each service contracted in the respective regulatory particular conditions thereof.
Third.2.- Payment By signing and sending the application form or electronic acceptance of these terms and conditions, the Customer authorizes the Junipers Restaurant to perform the office of a receipt for the full amount of the services requested, more the tax corresponding value added to the amount subject to charge current account Customer specified on the form, in order to begin providing services. Should the bank charge is not accepted, and therefore the receipt is returned, Restaurant junipers can understand that renounces the request for services performed and, consequently, may refrain from providing the requested services and in if necessary, to demand Customer charging management costs incurred.
Once Los Enebros Restaurant has collected the first payment for the services requested amount, the customer may cancel your request but will not be entitled to full or partial repayment of the amounts paid.
Likewise, with respect to services continued Customer requests, with the formalization of the contractual relationship it authorizes restaurant junipers to perform, with 15 days before the expiration of the initial term of such services or any of the subsequent renewals, a charge current account provided by the customer for the amount of the annual renewal of its services under the prices prevailing at that time, which will be published on the website of the junipers Restaurant. In any case, the Junipers Restaurant Customer shall send a reminder by email at least 15 days before making such a renewal fee, specifying the conditions thereof. Notwithstanding the foregoing, if the bank charges is not accepted, and therefore the receipt is returned, Restaurant junipers can understand that renounces the renewal of services and thus may proceed to completion thereof, not giving renewed the contractual relationship.
Third.3.- Los Enebros Restaurant billing invoices issued by the bank charges for services requested by the Customer made to it within 30 days following the date on which the Junipers Restaurant has received the amount thereof.
To simplify the administrative procedure for billing for services requested by the Client, to the extent permitted by the laws in force at all times, especially those relating to tax value added and billing, Customer expressly authorizes the turnover generated under by the requested services can be done electronically, in any case, be authorized by law and ensure the authenticity of the origin and integrity of the content of invoices. Invoices shall be issued and forwarded by electronic means authorized by law. In any case, invoices must be issued with the content and the technical and formal requirements established by law and will be sent to the e-mail address provided by the Customer on the application form.
For the start of operations of electronic invoicing, expressly accepted, no notice is required Customer, being enough to send the bill in the new mode.
Consent for the referral of invoices by electronic means in accordance with the current legislation will remain in force as long as it is not expressly revoked by the Client.
Forth.- MODIFICATIONS TO THE SERVICES
Customer may, at any time during the duration of the contractual relationship, request Restaurant junipers modification of initially contracted services, through electronic or physical shipment, a new application form, duly completed and signed, or accepting conditions of employment of service by electronic means, which indicate the new requested services or services in which you wish to unsubscribe.
For any request for extension of contracted services, Restaurant junipers reserves the right to treat her or not, depending on available resources at all times, affecting any case, the increased costs of execution of contracted services, according to the cost of new services existing at the time of receiving the request, in accordance with the provisions of the previous third condition.
Applications Customer low in some specific contracted service not involve the total or partial refund of the amount corresponding to the payment already made by the services requested, taking only the effect of not producing any charge in respect of such services in the total charge to make for the renewal of the contractual relationship for a new annual period.
Applications Customer low in some specific contracted service not involve the total or partial refund of the amount corresponding to the payment already made by the services requested, taking only the effect of not producing any charge in respect of such services in the total charge to make for the renewal of the contractual relationship for a new annual period.
FIFHT.- CONDITIONS OF THE PROVISION OF SERVICES.
Generally, Restaurant character junipers agrees to the proper execution of the set of services that the client requests in the context of the contractual relationship, as well as performing the same under the principles of good faith, in the technical and continuity industry standards, making their best efforts to satisfy the client's objectives. However Restaurante junipers only be liable for any shortcomings in the services attributable to the fault or negligence, limiting its liability to the amount collected the Customer and in no case understands damages or consequential damages, lost profits, damages or costs opportunity.
SIX - INTELLECTUAL PROPERTY
Los Enebros Restaurant recognizes the intellectual property rights Customer on the results of the services provided, especially with regard to intellectual property on the website developed for the customer. Notwithstanding the foregoing, Restaurant junipers owns or has the rights to exploit the basic designs of the web pages on which the development of the website of each Client according to the specifications and content provided is executed by self client, so you can use it for development of web pages of other customers. In addition, the customer, unless expressly communicate by e-mail to info@restaurantelosenebros.com otherwise, the Junipers Restaurant authorizes to use the image design your website as an example of work in any media communication .
Customer acknowledges that the experience, expertise and know-how in general necessary for the execution of the requested services are part of the intellectual and industrial property Restaurant junipers therefore could not communicate in any way the content thereof to any third party for any other purpose without the express prior consent of the junipers Restaurant, except in cases where it is expressly required to effect legal, judicial or any administrative authority imperative. Failure to comply with this obligation of confidentiality by the Customer will be expressly considered as a breach of the contractual relationship.
SEVENTH - INDEMNITY AND LIABILITY FOR CONTENT
The Client declares to know and declare that:
* The information and content that Customer provides the Junipers Restaurant in the framework of the contractual relationship are their sole responsibility and therefore, liable to Restaurant junipers and third parties by them.
The personal data that can provide the Junipers Restaurant have been obtained in compliance with all provisions of Law 15/1999, of December 13, Protection of Personal Data (Act) that are applicable for their status of the file, having also given the Customer comply with all the requirements established in this standard for communication to the junipers Restaurant.
The condition of the holder of a website involves subjecting various legal rules imposing a series of legal obligations to the Customer, whose fulfillment is solely the responsibility of the customer.
Customer will be directly responsible for claims that might arise Restaurant junipers by third parties harmed by actions of the Customer, undamaged keeping Restaurant junipers any penalties or indemnities which may find it attributed for this cause, paying, likewise, in his case, the amount of the expenses of attorneys and lawyers who have to endure Restaurant junipers as a result of the legal defense of the matter or conviction in court costs, without prejudice to the possibility of further claims for damages which he has I caused.
Additionally, if submitted by the Customer within the framework of the services provided content pose any conduct contrary to law, order or general principles of law in force, Restaurant junipers reserves the right not to use them and to inform the competent authorities such conduct.
EIGHTH PROTECTION OF PERSONAL DATA
Los Enebros Restaurant undertakes to keep absolute secrecy regarding all information to which access performance of services requested, to provide it only to authorized by the Client staff and observe all the legal provisions contained in the Data Protection Act, which may apply. In particular, Restaurant junipers agree not to use the personal data obtained Client or those to which he has access, for purposes other than the provision of services requested, or to transfer them, not even for preservation, to other people. As an exception to the above, the Customer authorizes the possible data communication companies in the provision of computer services linked to the Junipers Restaurant to which he could eventually outsource some of the services that is the same.
In those cases where restaurant junipers listed as a processor of the data collected by the Customer, Restaurant junipers assumes the obligations under the Data Protection Act to the effect and states that only process the data according to the instructions of the controller and it will not apply or use them for different purposes to those contained in the contract to that effect.
It also manifests Restaurant junipers have the technical and organizational necessary and appropriate measures, in accordance with Article 9 of the LOPD and Royal Decree 994/1999 of 11 June, Regulation of measures approved security of automated files containing personal data, to ensure the security of personal data to which you have access as a result of their relationship with the client and prevent alteration, loss, or unauthorized access.
After the contractual relationship, the Junipers Restaurant promises to return Customer's personal data treaties and to destroy all copies of the same of which they may in their possession.
NINTH ASSIGNMENT OF CONTRACTUAL POSITION
The right of use of services by the Customer is not transferable, so it may not be assigned in whole or in part to third parties, not even any subsidiary or related company Customer, nor to any other company or society which the Client maintains ownership or any commercial relationship.
The services requested by the customer may be provided directly by the Junipers Restaurant or third companies that charge this provision of all or some of the services. However the Junipers Restaurant answer directly to the proper provision of services to the Client. Consequently, the Customer authorizes the Junipers Restaurant to subcontract part of the services requested by the customer without obtaining your prior express written consent and without that it can oppose it.
Outsourcing not force the customer to pay any additional remuneration established in the particular conditions of the services requested amount, or create any contractual relationship between the subcontractor and the Client, resulting in any case, the subcontractor responsible for the actions of their possible subcontractors.
TENTH - SEVERAL AGREEMENTS
Tenth.1- data communications purposes to practice any notification, communication or requirement, required or permitted to be given between the Parties within the framework of the contractual relationship, contact details provided by the customer will be used.
Resolution Tenth.2.- breach of contract If the Customer or the Junipers Restaurant, the party who suffers will inform the defaulting party, granting a period of 15 days for such failure is remedied. If after that period it were not corrected the said breach, the party claiming the breach may terminate the contractual relationship.
Tenth.3.- Partial Nullity The declaration of nullity, invalidity or unenforceability of any provision or provisions contained in regulatory documents of the contractual relationship by court judgment does not affect the validity and effectiveness of those clauses or provisions that are not affected by such invalidity, invalidity or unenforceability.
Modifications Tenth.4.- recruitment conditions Junipers Restaurant reserves the right to modify any of the documents supporting the contract including these general conditions. Junipers Restaurant adequately informed of the changes introduced by dissemination on its website or other electronic means of customer relationship of new contractual documents.
Tenth.5.- Law and Jurisdiction The contractual relationship between the Junipers Restaurant and Customer, both for application as to its interpretation shall be governed by Spanish law. The parties expressly agree to submit any dispute, disagreement, matter or claim arising out of the contractual relationship to the Courts of Málaga, waiving any other jurisdiction that may apply.
