Terms and conditions

Last revised: July 26, 2022

These Terms and Conditions define the relationship established between Uniway Technologies, SL, (hereinafter “Uniway”) and those individuals or legal entities (hereinafter the “CLIENT”) who have the express intention of contracting the services and/or products regulated by these Terms and Conditions and their corresponding annexes, which together constitute (the “Contract”). You can find this document, as well as the rest of the documentation that makes up the contract, at the following link:

https://www.uniway.es/en/legal/uniway-technologies-contractual-terms 

At Uniway we always want to be close to the CUSTOMER and to do so, the first thing is that you know how our website https://www.uniway.es/en works . To do so, we recommend that you visit our Legal Notice - Uniway Technologies

It includes the Terms and Conditions for the services and products contracted by the registered user (hereinafter, “CLIENT”) on the Uniway website.

 

CUSTOMER agrees to the Agreement, on its own behalf and/or on behalf of the entity it represents (together with its Affiliates, if applicable) by:

1. This acceptance by the CUSTOMER is understood to be express when he/she checks the acceptance box for “I have read and accept the Terms of Contract” and proceeds to pay for and acquire the services and/or products marketed by Uniway.

2. The CUSTOMER tacitly accepts this Agreement by the mere use of the services and/or products marketed by Uniway. The provisions of this Agreement bind the CUSTOMER and all entities and persons acting on its behalf, on its own account or in collaboration with the CUSTOMER, whether they are employees, partners, collaborators, suppliers and any other third party with a similar relationship (hereinafter, “Associates”).

The CLIENT must inform all entities and persons acting on its behalf, on its account or in collaboration with it of the content of this Contract and for its compliance and non-compliance it will be jointly responsible.

The CUSTOMER, by contracting the services and/or products marketed by Uniway, declares to have read and understood, comprehend and accept this Contract.

Definitions

In addition to the definitions contained in these Terms of Contract, the following definitions apply to the entire Contract:

  • “Affiliates” means any person, corporation or other entity that now or in the future, directly or indirectly controls, is controlled by or is under common control with a party. For purposes of this definition, “control” means: (a) with respect to a corporation, ownership, directly or indirectly, of fifty percent (50%) or more of the voting power for the election of directors thereof; and (b) with respect to any other entity, the power to direct the management of such entity.
  • “the CLIENT” includes any natural person or legal entity that contracts the services and/or products that Uniway sells on its website.
  • “Contract” refers to an agreement entered into between the CUSTOMER and Uniway for the contracting of services and/or products marketed by Uniway. The Contract consists of the Contract Conditions, the annexes that reflect the Specific Contract Conditions of the services and/or products, the financial contracting information that appears on the Uniway website and any addendum that the parties may sign by mutual agreement indicating their intention to incorporate it into the Contract.
  • “Contracting Conditions” refers to the set of terms and conditions that Uniway applies to the contractors of its services and/or products offered on its website. These must be accepted by the CUSTOMER, otherwise the CUSTOMER will not be able to contract the services and/or products that Uniway offers on its website.
  • “Specific Contract Conditions” refers to the terms and conditions attached to the Contract Conditions that Uniway applies to the contractors. These terms are specific to each service and/or product marketed by Uniway. The annexes to the Specific Contract Conditions are an integral and inseparable part of the Contract.
  • “Partner” refers to the business relationship that Uniway has as a commercial partner with certain technology companies. Through this relationship, Uniway is authorized to market the products and services of its Partners through its website.
  • “Housing Services” is a Data Center Services service provided by Uniway, within its facilities located in Madrid, at Calle Bravo Murillo 178, Edificio (TECNUS). This Service consists of the CLIENT leasing a space within Uniway’s Data Center, for the installation of its servers. This Service includes connection to the electrical grid and air conditioning in the Data Center space, these expenses are included in the monthly payment. Likewise, security is provided through access control.
  • “Metallic® SaaS Solution” refers to Metallic® SaaS licenses marketed by Uniway as a Commvault® Partner. This solution operates as “SaaS” (Software as a Service). The functionality of this solution is cost-effective, secure and scalable data management, backup and security, with a single command center, allowing the CUSTOMER to comply with data protection strategies. The Metallic® solution is built with layered cloud security and secure, restrictive account access and data isolation, making this SaaS solution reliable and easy to use.
  • “S3® Storage Solution” is a storage service provided in STaaS (Storage as a Service) mode. This storage is focused on managing large amounts of unstructured data in a perfectly optimized way in Cloud locations managed from Uniway’s Data Center.
  • “User License” refers to the permission granted by Uniway, either on its own behalf or as Partner of the Licensor that owns the solution and/or products marketed by Uniway. Through this permission, the CLIENT may use the limited, non-exclusive, non-sublicensable, non-transferable and revocable user license to install, run and use the SaaS solution during the term established in these Contract Conditions, Specific Conditions and/or Terms and Conditions of the Licensor.
  • “Licensor” refers to the legal entity that owns the Intellectual Property Rights granted in the Licenses of use granted with the contracting of products and/or services. The Licensors of the products and/or services marketed by Uniway may be Uniway or any of its Partners that authorizes the marketing of its products and/or services.
  • “Acces Controls” this service is part of certain services marketed by Uniway, such as the Housing Service. This access control consists of video surveillance of access to the Data Center 24x7x365, keeping the images saved for a period of 30 days in accordance with current legislation and requesting the identification of any individual who wants to access by showing their ID to the Uniway control staff.
  • “Service Provider” means the legal entity that provides the services, which may be Uniway or one of its Partners, with Uniway being an intermediary.
  • “Services” means the services marketed and provided by Uniway under this Agreement to CUSTOMER.
  • “Products” means the products marketed and provided by Uniway under this Agreement to CUSTOMER.
  • “Intellectual Property Rights” means patents, rights to inventions, copyrights, software, trademarks, trade names, service marks, logos, trade secrets, confidential information, compilations, diagrams, designs, know-how database rights, designs, methods, processes, formulas, rights of use and other proprietary rights and privileges whether registered or unregistered, together with all improvements, modifications, enhancements and derivative works of the foregoing, and all similar or equivalent rights or forms of protection which subsist or will subsist in the future anywhere in the world.
  • “Knowledge Capital” means the ideas, concepts, know-how, skills, methodologies and techniques, whether possessed by Uniway prior to the commencement of these Terms or developed, modified, improved or refined by Uniway during the course of providing the Services.
  • “Order Confirmation” means the binding acceptance by Uniway of an order placed by the CUSTOMER on the Uniway website. For the avoidance of doubt, an automatically generated response by Uniway, which does not indicate the details of the Services and/or Products, the price and the conditions of the order is not sufficient to constitute a valid Order Confirmation, since the latter will only be valid when the order is expressly accepted by Uniway, indicating this in the confirmation email sent to the CUSTOMER at the email address provided by the CUSTOMER when registering as a user of the Uniway website.
  • “Personal data” has the same meaning as “personal data” under the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.

 

 

In the event of a conflict between the provisions of the Contract Conditions and the annexes containing the Specific Contract Conditions for each service and/or product, the provisions of the annexes containing the Specific Contract Conditions shall prevail provided that the CLIENT has contracted the services and/or products stipulated in said annexes. Thus, an annex containing the Specific Contract Conditions for a certain service and/or product is only applicable to the CLIENT provided that said service and product has been contracted, otherwise it shall be deemed inapplicable. However, addenda may prevail over the Contract, provided that the parties mutually agree in writing to the modifications to the Contract, indicating: (i) the addendum shall clearly indicate the applicable section of the Contract that will be modified by the wording of the addendum; (ii) the addendum must indicate that said modification only applies to the contractual relationship with a specific CLIENT, with the standard wording being applicable to the other CLIENTS.

Any other attempt to alter or modify this Agreement shall be deemed null and void. This Agreement may only be modified by an addendum signed by both parties in writing, any other form is deemed void.

Acceptance of the terms of contract (the contract)

The CUSTOMER may contract the services offered on the Uniway website, provided that he or she has previously registered as a user of our website.

To register as a user of our website, the CLIENT must fill out the corresponding form with their details and expressly accept our Privacy Policy - Uniway Technologies. After sending the registration request, the CLIENT must check the inbox of the email address they provided for registration, where they will receive an email with a link to activate their account.

Once the CUSTOMER has registered as a user of our website and has proceeded to formalize the contracting of any service and/or product offered by Uniway, this constitutes full and express acceptance of the conditions of this Contract. This acceptance authorizes Uniway to carry out the collection operations necessary for the CUSTOMER to acquire the services and/or products that he/she has requested using the payment method that he/she has selected in his/her request.

Uniway reserves the right to unilaterally modify or replace the conditions of this Contract, as well as its annexes. In any case, Uniway will notify the CUSTOMER by email fifteen days in advance. This documentation is permanently displayed on our website:

https://www.uniway.es/en/legal/legal-notice

However, the CLIENT may request a copy of this Contract at any time by email, to legal@uniway.es 

Purpose of the contract

The purpose of this Agreement is to establish the terms and conditions under which Uniway will provide and/or sell the services and/or products contracted by the CLIENT, as well as the use thereof and the compensation owed by the CLIENT to Uniway.

The services and/or products provided to the CUSTOMER may be replaced or modified by Uniway at any time, always with prior notice to the CUSTOMER, for services with similar or superior characteristics to those initially contracted.

Hiring

Application details

The CUSTOMER undertakes that all data entered on the Uniway website, necessary to formalize registration as a user of our website and contract any service and/or product, are true and accurate. The CUSTOMER undertakes to modify said data, if this is necessary for the correct operation of the contracted services and the payment of the same by Uniway. The CUSTOMER can change the data by contacting Uniway by email at the following address: cpo@uniway.es

When contracting certain products and/or services marketed by Uniway as a Partner, the CUSTOMER must accept the Terms and Conditions of Use of the Partner, as well as its Privacy Policy, as well as create an account on the platform that supplies the product and/or service. In those cases where this is necessary, this condition is indicated in the Specific Contract Conditions of each specific product and/or service.

Acceptance and denial

When the service is activated or the CUSTOMER receives confirmation of acceptance from Uniway, the contract will be deemed to have been accepted. If Uniway, for any reason, does not accept a request, it will notify the applicant by sending the reasons for the denial through any of the means of communication that the CUSTOMER had registered in his/her request.

Formalization of the contract

The CUSTOMER will choose the service and/or product with the characteristics and duration that most interests him/her. Each service and/or product has its Specific Contract Conditions, which appear as annexes to this Contract.

The Specific Contract Conditions are deemed to be accepted by the CLIENT by the mere use of the contracted services and/or products. Therefore, only those that the CLIENT has accepted by mere use will apply to the CLIENT's Contract.

Types of services and products marketed by Uniway

All the characteristics of the services and products that Uniway makes available to the CLIENT are those that appear on our cthe CLIENT requests the service and/or product, as well as their rates and availability.

Availability of the service and/or product

Once the request has been made by the CUSTOMER and payment for the service and/or product has been confirmed by Uniway, the CUSTOMER must wait for confirmation that the service and/or product has been effectively implemented, supplied and/or activated. This confirmation will be made by email to the email address indicated by the CUSTOMER when registering as a user of our website.

Restrictions

Technical and legal restrictions

There are certain restrictions, both technical and legal, as well as the prohibition of carrying out any type of illicit activity and activities that involve an abusive use of the servers and resources made available to the CLIENT by Uniway; for example, and not exclusively, the sending of mass email, spamming or the establishment of file sharing networks. Any abusive and/or illicit use of said resources will result in the immediate cancellation of the contracted services.

On the other hand, the CUSTOMER declares that he/she is aware of the limits established in the plans for the services and/or products that he/she has contracted, and therefore will adapt his/her needs in accordance with the contracted plan for services and/or products. In the event that the CUSTOMER requires increasing the limits of the contracted plans for the services and/or products, he/she will contact Uniway through the following email address cpo@uniway.es 

Security restrictions

Uniway reserves the right to block access to certain IP addresses that Uniway may consider may compromise the security, integrity or proper functioning of the Uniway network, either temporarily or permanently.

Uniway's rights and obligations

Provision of services

At Uniway we undertake to provide the services or supply the products contracted by the CLIENT in accordance with the provisions of this Contract and the annexes containing the Specific Contract Conditions applicable to the services and/or products contracted by the CLIENT.

Uniway shall in no event be liable for the operation of the programs or websites installed by the CUSTOMER. It is the CUSTOMER's obligation to keep the software installed by the CUSTOMER up to date, in the manner and time deemed appropriate.

Uniway shall incur objective liability under the terms of this Agreement and the applicable Specific Contract Conditions and in the event of providing insufficient service to the CUSTOMER as established in the Agreement. The provision of services shall be deemed to have been insufficient, provided that Uniway has not complied with the level of service guaranteed by the Uniway Service Level Agreement (SLA), stipulated in the Specific Contract Conditions of the service and/or product contracted by the CUSTOMER.

In the event of such non-compliance, Uniway will be limited to refunding the fees in the proportional part of the time in which the CLIENT has not received satisfactory service.

However, Uniway will not incur any objective liability, provided that the breach of the SLA is caused by the CLIENT, for example, in the event that the CLIENT's equipment presents defects or incompatibilities and makes the provision of services impossible, as well as in those cases in which the CLIENT must provide access keys to carry out the provision of services and does not provide them to Uniway.

Now, the CUSTOMER who contracts the solutions marketed by Uniway, payable annually, will have a period of (1) month, counting from the time the service failure occurred, to claim the return of the proportional part of the fees in accordance with the previous paragraph. While in those cases where the CUSTOMER pays for the provision of services on a monthly basis, this period to claim will be (7) days, counting from the time the service failure occurred.

Uniway will not incur any liability for the provision of services and/or products that it markets solely as an intermediary for a Partner. In these cases, Uniway, as an intermediary, will forward the claim directly to the Partner and will mediate to achieve the best solution for the CUSTOMER.

Service interruption

Uniway reserves the right to interrupt the service to carry out improvements, maintenance operations and/or restructuring that it considers necessary to guarantee the best functioning of the services it offers. Uniway undertakes, as far as possible, to notify the CUSTOMER as soon as possible of any interruption of the service, trying at all times to ensure that said interruption lasts as little time as possible and that it has a minimal impact on the CUSTOMER.

Uniway will not be liable for any interruption of service provided that the service is provided directly by a Partner and Uniway acts merely as a commercial intermediary, all in accordance with the Specific Contract Conditions of the Service contracted by the CLIENT.

Likewise, Uniway shall not be liable for service interruption provided that it is caused by an event that is: 1) beyond reasonable control; 2) could not have been reasonably foreseen at the time of entering into the Contract; 3) Uniway could not have avoided or overcome the event despite having exercised due diligence and reasonable efforts. In particular the following events: a) plagues, pandemics declared by the WHO, COVID-19, epidemics, natural disasters or extreme natural events; b) hostilities or acts of war, invasion, riot, insurrection, terrorism etc.; c) trade embargoes or export restrictions; d) acts of any government or public authority; e) explosion, fire, destruction of equipment, prolonged interruption of transport, telecommunications, information system or energy; f) strikes, lockouts or industrial disputes.

Technical support and customer service

At Uniway, we provide technical support for the services and products we market. The CLIENT can find the specific requirements for technical support for each service and product in the corresponding annex of the applicable Specific Contract Conditions.

The CUSTOMER also has an email address to report any possible incidents, this is: datacenter@uniway.es When the CUSTOMER reports their incident, Uniway's team of technicians will try to resolve the incident in the shortest possible time.

Price increase

Uniway reserves the right to increase the prices of its services in those cases in which the CUSTOMER has contracted a monthly payment plan, notifying said increase thirty (30) days in advance of its effective application. If the plan contracted by the CUSTOMER has a quarterly, half-yearly or annual payment method, Uniway may make the price increase of its services effective from the beginning of the following payment period, provided that said increase has been notified thirty (30) days in advance of the effective price increase.

Uniway's Responsibility

Uniway reserves the right to increase the prices of its services in those cases in which the CUSTOMER has contracted a monthly payment plan, notifying said increase thirty (30) days in advance of its effective application. If the plan contracted by the CUSTOMER has a quarterly, half-yearly or annual payment method, Uniway may make the price increase of its services effective from the beginning of the following payment period, provided that said increase has been notified thirty (30) days in advance of the effective price increase.

Client rights and obligations

Use of services

The CLIENT will have the right to receive and use the contracted services according to the conditions described in these Contract Conditions, their annexes, the Specific Contract Conditions of each service and/or product contracted and in accordance with the characteristics detailed on our website: www.uniway.es 

Payment for contracted services

The CUSTOMER will pay the amount of the services provided by Uniway that correspond to the contracted service and plan that appear detailed on the Uniway website. The prices of the services and products that appear on our website do not include VAT or any other applicable tax, and these are always applied to the total invoice for the services and/or products contracted by the CUSTOMER.

All services will be paid for in accordance with the provisions of the annexes containing the Specific Conditions for contracting each product and/or service.

The services and products offered on the Uniway website can be paid monthly or annually. All of this is indicated in the characteristics of the services and products on our website and in the annexes that contain the Specific Contract Conditions. Certain services and products can only be contracted on an annual basis.

However, in the case of services and products payable monthly, when the CUSTOMER makes the monthly payment, it is understood that the CUSTOMER renews the service on a monthly basis. If the CUSTOMER does not pay the monthly payment, it will be considered that he or she does not wish to renew the service and Uniway will proceed to cease providing the service.

Likewise, in those cases where the contract is for an annual period, in the event that the CLIENT does not wish to continue with the service, while the contractual relationship is in force, the CLIENT will not have the right to a refund of any amount.

The initial moment of use of the contracted services and products by the CLIENT for billing purposes is understood to be the day and time at which the service begins to be provided or the product is delivered.

Service cancellation

The CUSTOMER may, at any time, request cancellation of the service. Such cancellation will take place at the end of the last contracted period, unless the parties agree otherwise.

In neither case will any refund be made of the amounts paid up to the cancellation date.

The CLIENT declares that he/she is aware that said cancellation implies the total and permanent elimination of all data and information stored in Uniway.

In those cases in which the CLIENT contracts services and/or products where Uniway acts as an intermediary of the Licensor, the CLIENT must cancel the product and/or service in accordance with the Specific Contracting Conditions of the contracted service and/or product.

Money back guarantee

The CUSTOMER may request, within seven (7) days from contracting the service, the refund of the amount paid and the immediate cancellation of the service due to dissatisfaction with the service. Immediate cancellation may not be carried out in those cases in which third party licenses have had to be contracted for the provision of Services. Uniway, prior to proceeding with the refund and cancellation, will previously review that the use of the service has been reasonable and that it is the first time that the CUSTOMER has requested the refund, cancellation and reimbursement of the amount paid for it. The refund will be made as soon as possible and always by the same payment method by which the contract was formalized.

This guarantee is only applicable to the initial contract and to the amount of the main product. The guarantee is not applicable to contract renewals and other concepts other than the main product are excluded.

Specifically, the following are excluded from the scope of this guarantee and the client must pay the amount in such cases: extensions, additional services, software licenses and amounts corresponding to transfer or disk space consumption that exceed the amount assigned to the contracted service.

Contents

Uniway is expressly exonerated from any type of liability that may arise from the content hosted by the CLIENT in the contracted products, and the CLIENT shall be responsible for assuming all civil, criminal or any other type of liability. Uniway reserves the right to suspend or permanently cancel the service contracted by the CLIENT if it detects in a reliable manner any activity contrary to the Law, giving notice, where appropriate, to the corresponding authorities and making available to them the CLIENT's data that the judicial authority requires.

Keys and passwords

The CUSTOMER is responsible for the safekeeping of the keys that he has created to access his administration area of ​​the contracted service, in order to prevent access by any third party who does not have authorization to access these private areas.

In the event that the CUSTOMER perceives that his/her keys and/or passwords have been compromised, he/she must contact Uniway as soon as possible to make the corresponding changes to the keys.

Software

The CUSTOMER must have the original software licenses in case these are necessary for the provision of services. Uniway may require the CUSTOMER at any time to prove that he is the holder of original licenses. Uniway is not responsible for the consequences that the CUSTOMER's failure to comply with this obligation may generate for third parties.

The CUSTOMER must take into account that, although not all software programs need to have a license, however, certain services may require having an original license for the corresponding software, for which the CUSTOMER can rent it through Uniway or acquire it on their own.

The CLIENT assumes responsibility for having the original licenses for the programs and software that it uses. It is also responsible for complying with the requirements of each provider of said licenses in accordance with the conditions of use that these providers have established for each license.

Billing

Billing cycles and automatic payments

The services and products marketed by Uniway will be billed according to the billing cycle indicated to the CUSTOMER in the description of the service and/or product on the Uniway website. The CUSTOMER will receive the corresponding invoices for the services and/or products contracted with Uniway, in the email address indicated during the contracting process.

The CUSTOMER accepts that, when acquiring a service and/or product from Uniway, upon expiration of the contracted period, the contractual relationship is automatically renewed for a period of equal duration to the previous one (see section 9.2.), which also grants Uniway the right to execute the automatic collection of said period by direct debit to the account provided by the CUSTOMER when contracting.

For those Uniway services or products that are contracted for an annual period only, the CUSTOMER may make payment by bank transfer upon expiration of the contracted period. Notwithstanding the foregoing, the CUSTOMER, in accordance with section 9.3 of this Contract, has the right to cancel the service.

Renewals

The contractual relationships for the different services and/or products marketed on the Uniway website include automatic renewal for each of the plans offered. However, the CUSTOMER may cancel said automatic renewal by giving express written notice within thirty (30) days prior to the automatic renewal. In the case of services payable monthly, the provisions of section 9.2 shall apply.

Returns and non-payments

In the event that Uniway observes that the amount of any of the invoices has been returned and consequently the non-payment of the services and/or products contracted by the CLIENT occurs, we will contact the CLIENT via the email or telephone that he/she has enabled when registering as a user of our website. In said communication, he/she will be required to proceed with the payment immediately. Uniway reserves the right to temporarily suspend the service until it receives the amount owed and, in the event that despite having notified the CLIENT of said non-payment situation, he/she does not proceed to correct this incident within twenty (20) days, the definitive cancellation will be carried out after notifying the CLIENT through any of the forms of communication that the CLIENT has indicated in his/her registration form on our website.

The return of the amount of an invoice by the CLIENT entails expenses for Uniway, which will be billed to the CLIENT. These expenses are estimated at eight percent (8%) of the amount of the returned invoice with a minimum of five (5) euros. 

Contract validity

Entry into force

This Contract will come into force from the moment the CUSTOMER expressly accepts it when the CUSTOMER checks the acceptance box for “I have read and accept the Terms and Conditions” on our website www.uniway.es/en This Contract will be valid for the duration established in the contracting of the service and/or product, which is informed to the CUSTOMER during the contracting process on our website. The annexes containing the Specific Contracting Conditions for each service and/or product marketed by Uniway are applicable to the CUSTOMER only for those whose services and/or products have been contracted.

Renewals

Our services and products have plans that are automatically renewed, unless otherwise indicated in the annexes containing the Specific Contract Conditions for each service and/or product. When automatic renewals occur, payments for the services and/or products will be made as indicated in sections 9.2. and 10 of this Contract.

Termination

These Terms and Conditions shall terminate for the reasons admitted in both the Civil and Commercial Codes and, specifically, for the following: (a) the end of the term of validity or any of its extensions; (b) by mutual agreement between the parties expressly stated in writing; and (c) by early termination provided for in this Contract in section 9.4. However, the termination of the contractual relationship shall not exonerate the parties from compliance with the pending obligations under this Contract.

Early resolution

Uniway reserves the right to withdraw or suspend the provision of services to the CLIENT at any time and without prior notice if it considers that the CLIENT is in breach of any of the obligations assumed by the CLIENT under the Terms of Contract and/or the annexes containing the Specific Terms of Contract, and may request payment for any damages that may arise as a result of such breach.

Protection of personal data

The personal data of the CLIENT's representative, as well as of the CLIENT's other employees and collaborators, will be processed by UNIWAY TECHNOLOGIES, SL in accordance with the regulations governing the protection of personal data for the purpose of managing the contracted services and successfully completing this contractual relationship. And if you have subscribed to our newsletter, when you have registered on our website, we will keep you informed about our activity, newsletters of interest, information on the products and services we market and our special offers for clients and former clients through the contact methods you have provided us in the registration form on our website.

Your data will be provided to third party collaborators when necessary for the development, fulfillment and control of this legal relationship and for the study and generation of new business and commercial relationships, as well as in cases legally authorized or required or consented to by those affected.

Failure to provide data to the third-party collaborators referred to in the internal section implies that the provision of the services subject to the contractual relationship established between the CLIENT and Uniway cannot be carried out.

You may exercise your rights of access, rectification, cancellation, deletion, limitation of processing, portability and opposition under the terms set forth in the community regulations contained in Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, (hereinafter, RGPD), as well as in the current Spanish national regulations, Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, (hereinafter, LOPD-GDD). To exercise these rights, you must contact UNIWAY TECHNOLOGIES, SL with registered office at Calle Bravo Murillo 178, (TECNUS Building), CP 28020 (Madrid).

  • Contact telephone number: 915799610
  • Contact email: calidad@uniway.es
  • Registration data: Madrid Commercial Registry, Volume 14693, Book 0, Folio 125, Section 8, Page M-243730, Entry 1.

 

You may also file a complaint with the Spanish Data Protection Agency, especially when you have not obtained satisfaction in the exercise of your rights, through the electronic office at www.aepd.es.

UNIWAY TECHNOLOGIES, S.L., informs you that by making your purchase you give your explicit consent for the processing of the aforementioned data, all in accordance with current legislation in force regarding data protection.

Once the agreed services have been provided and are no longer necessary to continue with the order placed, the personal data will be destroyed or returned by UNIWAY TECHNOLOGIES, SL. The personal data will only be kept if the CUSTOMER has expressly subscribed to our newsletter and has not expressly indicated their unsubscription from it. Likewise, UNIWAY TECHNOLOGIES, SL will keep the personal data encrypted in accordance with applicable legislation, in the event that this is required by the State Administration or legal proceedings that may arise between the parties.

UNIWAY TECHNOLOGIES, S.L., shall not be liable for any incidents that may arise with respect to the CLIENT's personal data when these arise from an attack or unauthorized access to the systems in such a way that it is impossible to detect or prevent it even if the necessary measures have been adopted according to the current available technology or due to a lack of diligence on the part of the CLIENT.

In cases where it is necessary to formalize a "Personal Data Processing Agreement" (hereinafter, DPA), the annexes that contain the Specific Contracting Conditions will specifically indicate for each service and/or product the need to formalize said document, all in accordance 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 the processing of personal data and the free circulation of these data, and which repeals Directive 95/46/EC (General Data Protection Regulation).

Assignment of contract and subcontracts

The CLIENT may not assign or subrogate its position in this contractual relationship in favor of third parties without the prior consent of Uniway, which must be express and in writing.

Uniway reserves the right to assign its position in this contractual relationship to third parties without requiring prior notification and authorization from the CLIENT. Likewise, Uniway reserves the right to assign, transfer and subcontract part or all of the services it provides to the CLIENT to third parties it considers sufficiently qualified to do so, without in any way reducing the level of services that Uniway has committed to provide to the CLIENT.

Intellectual property

UNIWAY TECHNOLOGIES, S.L., is the owner of the following trade name and brands: Uniway® and OneVision®.

The contracting parties recognize the ownership between them and third parties where appropriate, with regard to intellectual and industrial property rights, as well as similar rights over elements, technology, know-how, brands, logos and any other element, creation, invention or distinctive sign of their property.

This Agreement does not grant any Intellectual Property Rights to the CLIENT unless otherwise expressly agreed in writing.

Likewise, the CUSTOMER will not acquire any right or license regarding the contracted product or service, nor regarding the technical information for monitoring the service. The CUSTOMER only acquires a license to use the products or the right to provide the service, in accordance with the contractual relationship and exclusively during its term.

Nor do they grant you any rights over the registered trademarks of Uniway® and OneVision® or any other trademarks belonging to UNIWAY TECHNOLOGIES, SL. Any improper use by you of the trademarks or other intellectual property rights owned by, will be considered a serious infringement and Uniway may suspend or terminate its provision of services to the offending CLIENT.

The CLIENT undertakes not to register, request the registration or request protection of any of the Intellectual Property Rights and/or Trademark(s) of the Licensor and/or Uniway and/or its Related Entities in any jurisdiction and undertakes that none of its employees, agents or Related Entities will do so.

The CLIENT must respect the third-party use programs made available to them by UNIWAY TECHNOLOGIES, SL, even if these were made available free of charge.

By acquiring services and products from third-party manufacturers and/or suppliers through UNIWAY TECHNOLOGIES, SL, the CUSTOMER acknowledges the ownership of their intellectual property rights that they may hold over said services and/or products. Likewise, the CUSTOMER agrees to observe the terms of said licenses and to be responsible for the use of these.

The CLIENT undertakes to cooperate at all times with UNIWAY TECHNOLOGIES, SL, in the event that a manufacturer and/or supplier requests accreditation of the correct use of its services and/or products. In this way, the CLIENT must provide all the necessary information to UNIWAY TECHNOLOGIES, SL, or the corresponding auditor, to carry out the verification regarding the use of said licenses and facilitate access to the servers that host the audited software products.

In cases where the CUSTOMER purchases software products, he/she must accept and respect the terms set forth in the End User License Conditions stipulated by the Licensor. The CUSTOMER must bear in mind that, with each renewal of the license, he/she accepts the version in force at that time. In the event of a dispute in the interpretation of its content, the original English version shall prevail at all times.

Likewise, and without limitation, the following regulations will apply: • Royal Legislative Decree 1/1996, of April 12. Revised text of the intellectual property law.

• LAW 23/2006, of July 7, amending the consolidated text of the Intellectual Property Law, approved by Royal Legislative Decree 1/1996, of April 12.

• DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on copyright and related rights in the digital single market and amending Directives 96/9/EC and 2001/29/EC.

Contractual integration

The contractual relationship (the “Contract”) between Uniway and the CLIENT is made up of these Terms of Contract, the annexes containing the Specific Terms of Contract applicable to the contracting of each service and/or product, the legal documentation available on the Uniway website and Proposals that the parties may subscribe to in the form of an Addendum. The Proposals that the parties may subscribe to in the form of an Addendum shall prevail over the rest of the Contract, followed by the annexes containing the Specific Terms of Contract applicable to the contractual relationship which prevail over the Terms of Contract and these over the legal documentation on the website. The Contract between the parties excludes any representations, terms, conditions and guarantees previously agreed upon verbally or in writing.

Modification of the contract

Uniway reserves the right to unilaterally modify the content of this Contract, which consists of: Terms of Contract, the annexes containing the Specific Conditions applicable to the contracting of each service and/or product, and the legal documentation available on the Uniway website. These changes will be notified to the CUSTOMER within a minimum period of 30 days, who may terminate the contractual relationship without any right to compensation.

Likewise, the parties may mutually agree to modify the Contract or any of the documents that comprise it, by means of an addendum to the Contract, which must be formalized in writing and expressly accepted by both parties. These changes will only affect the specific CLIENT with whom they are signed.

Communications and notifications between the parties

For the purposes of these Terms and Conditions, all communications made between the parties by regular mail, fax, email, messaging and any other means used by both parties that allows for written record of the content of the communications shall be deemed valid.

The contact information provided by the parties in the commercial proposal, website registration, purchase order or Contract will be valid and effective for any notification.

Contract Coordinators will also be designated at the time of contracting. Their functions are limited to supervising the operational, marketing, commercial and technical aspects of the implementation of this Contract and its monitoring.

All communications will be carried out, in the first instance, between the main coordinators of each party and, if communication cannot be established, they will be carried out with the secondary coordinators, thus following an escalation process.

The parties must communicate any change in contact information as soon as it occurs in order not to hinder the relationship between the parties. When failure to comply with this obligation results in the loss of a business opportunity, the person who has not communicated the change in information will be solely responsible.

Legal nature

CUSTOMER and Uniway are independent contractors. Nothing in this business agreement creates a partnership, joint venture, agency, franchise, or employment relationship between Uniway and CUSTOMER.

Likewise, the CLIENT has no authority to make or accept offers or representations on behalf of Uniway.

The parties hereby guarantee each other that they will comply with all their legal obligations. In particular, they expressly declare that they will comply with their obligations in labour matters (including those arising from the legal regime for the prevention of occupational risks) and tax matters, as well as being up to date with their payments to the Treasury and Social Security. They also declare that they will comply with all obligations arising from commercial legislation and from those relating to the exercise of their respective activities that arise for themselves. In this sense, the parties guarantee each other their respective indemnity, obliging themselves to compensate their respective counterparties for any damages and losses that they may suffer due to the lack of veracity of these statements.

Legislation and applicable law

These Terms and Conditions shall be interpreted and governed by Spanish law. Specifically, the provisions of Law 7/1998 on General Terms and Conditions of Contract, current legislation on data protection at both the national and European level, Law 3/2014 of 27 March, which modifies the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007 of 16 November, Law 7/1996 on the Regulation of Retail Trade and any other applicable legal provisions shall apply to these General Terms and Conditions.

In the event of any doubt regarding the interpretation and execution of the provisions of the Contract signed, the parties shall attempt to reach a consensual and amicable solution. Thus, any controversy, difference or claim arising within the scope of the Contract or addendum thereto, including its formation, validity, binding force, interpretation, execution, non-compliance or termination, as well as non-contractual claims, shall be submitted to mediation in accordance with the WIPO Mediation Rules. Mediation shall take place in the city of Madrid. The language to be used in mediation shall be Spanish. If no agreement is reached or in the event of non-acceptance of mediation, the parties, freely and expressly waiving any jurisdiction that may apply to them, shall voluntarily submit to the judges and Courts of Madrid Capital.

Acceptance of the contract

It is understood that the CUSTOMER expressly accepts all the provisions contained in these Contract Conditions when he/she has clicked on the box accepting the Contract Conditions when placing his/her order.

Likewise, it is understood that the CLIENT tacitly accepts the provisions of the Contract, by the mere use of the services and/or products marketed by Uniway.

The annexes that contain the Specific Contract Conditions will only be applicable to the CLIENT's Contract, only those annexes whose services and/or products have been contracted, the rest being inapplicable to the contractual relationship.

In those cases where the CLIENT wishes to expand their contract by contracting more services and/or products marketed by Uniway, the respective annexes containing the Specific Contract Conditions of the new services and/or products contracted will automatically begin to apply.

Thank you for placing your trust in UNIWAY TECHNOLOGIES, S.L.

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