1. PREVIOUS CONSIDERATIONS
1.1 These Terms and Conditions regulate the relationship established between TecnoVeritas – Services of Engineering and Systems Technology, Ltd with the commercial registration No. 503389129, register at the Government Office for the Registration of Collective Persons of Lisbon, headquartered in Vivenda Cremilda – Lugar de Conhais, 3330 Góis - Portugal hereinafter referred to as TecnoVeritas and the Client, properly identified on our company, hereinafter referred to as Client in the context of the use of the information technology solution combined with Hosting Application, Platform as a Service (PaaS) e Software as a Service (SaaS), designated as BOEM-S, produced by TecnoVeritas – Services of Engineering and Systems Technology, Ltd.
1.2 By using the web service BOEM-S through its web platform, the Client, being a company or an institution, declares to be legally in representation of the one celebrating this contract. The usage of the BOEM-S web service on the online platform represents the tacit acceptance of the present terms of the service. The subscription data must be complete and accurate, being the responsibility of the user update the data always it suffers modifications. The provision of information that will verify false will determine the immediate closure of the account, without compensation for lost data or the return of any value paid, without previous warning to the user.
1.3 The customer agrees not to use the features of BOEM-S through the online platform for any unlawful activity, otherwise if sensed by TecnoVeritas, the account will be eliminated, without any warning or compensation to the Client, and it will be reported to the authorities all the elements necessary for the clearance of any criminal matters. The Client undertakes to know all the legal conditions of functioning of all the activities for which will use BOEM-S as a tool to collect information and data of its fleet or industrial unit.
1.4 In case of contradictions between the Contract/Terms and Conditions and the Commercial Proposal, the Commercial Proposal prevails.
2.1 These Service Terms establish the general supply conditions of BOEM-S and its access in regime SaaS (Software as a Service) and in the cloud (parallel computing system), which henceforth will be designated as Service, upon payment corresponding to the conditions contracted in plans available at the time of subscription. The processing of the mentioned payment symbolizes the moment of the contract celebration between parts. The functioning model in the cloud means the user must have internet connection every time he wants to use the program and during the time using it.
2.2 The Service includes the usage of BOEM-S, supplier of a set of platform services, that helps the Client in manage, collect and analyse the data from the fleet or industrial unit, as well as the processing and availability in an orderly manner, systematized and historic of its data, always with the most updated and legally required.
2.3 TecnoVeritas can, at any time, change the conditions of the object of these service terms, the subsequent use of the service by the customer represents the acceptance of the alterations made.
3. SERVICE FEATURES
3.1 The Client will choose, when the adjudication and through pre-formatted sets, namely packages, the characteristics of the service to be provided, as well as the temporal space in which the service contract must prevail.
3.2 The contract must be settled and does not renew automatically, being made a set of procedures, properly communicated by e-mail for the email address given by the Client in the moment of the contract settlement with the advance of one month before the end of the cycle of initially hired. The values of the contract are guaranteed until the end of the contract, and the value of renewal may change. These alterations will be communicated by email one month before the contract ends.
3.3 The BOEM-S usage assumes continuity in payment from the account activation, which happens 30 days after the subscription date and the first payment.
3.4 The Platform is projected for an Update availability level of 98% for available servers, the service can be suspended whenever there is need to do upgrades or fixes to the service provided. These corrections, updates and breaks of the service form an integral part of the software model in the cloud and are fully subscribed by the Client. Therefore, there is no breach of contract from TecnoVeritas, and it will not be considered for the determination of the system availability, when it will be unavailable, for the time technically necessary. There will be no place for any indemnity to the Client as a result of these service failures being that the Client accepts no responsibility contract or criminally TecnoVeritas for any damage arising from them.
3.5 The data sent to the cloud platform are full responsibility of the Client, who assumes the risk for eventual loses occurring from communication problems between the installation or the Client’s device and the servers. For the data correctly loaded on the servers, TecnoVeritas backup the data every day with the retention of 1 month, and the total backup happen on the 28th day on each month with a 3-month retention.
3.6 Regarding the possible failures in the point 3.5, the Client assumes the risk for the service failures that cannot be direct and proved to be attributable to TecnoVeritas. Besides this risk, the Client also assumes the risk of incorrect usage or lost access credentials to the service, that can result in data loss and account cancellation.
3.7 The Client cannot request adaptations to the service, once the commercial model of BOEM-S is available for a variety of Industry sectors. BOEM-S is available under the condition “as is”, which means that the features/conditions available are as the subscription moment.
3.8 Any responsibility of TecnoVeritas will be excluded when the cause of affectation of the system availability or damage is due to acts of God or force majeure, or the same is not verifiable, such as in the case of inappropriate usage of the platform by the Client, acts or omissions of third parties or the inappropriate usage of the access rights granted by TecnoVeritas, or the non-compliance by the Client of the technical and operational specifications necessary to the correct usage of BOEM-S.
3.9 In the case of unavailability of the TecnoVeritas’ Service, it will be warned to the Client what the estimated time of the recovery, always that TecnoVeritas has this information.
3.10 The Client declares and grants to have a suitable internet connection, being its responsibility to know that the non-existence or inactivity of the referred connection will inhibit the BOEM-S usage.
3.11 TecnoVeritas will not be responsible for remote access difficulties, or in the case of interruption of this access, based on natural facts or force majeure, or acts and omissions of third parties, that by its nature will be out of control of TecnoVeritas.
3.12 It is excluded any responsibility of TecnoVeritas the Client usage of illegal or not licensed software in any of its hardware.
3.13 TecnoVeritas has the right, by unilateral decision, to change the localization of its Data Center, without any basis of contractual resolutions constituted by the Client.
3.14 TecnoVeritas can change or remove specific features or characteristics of BOEM-S at any time, without compromising the integrity and good functioning of the platform, as well as the data inserted by the Client.
3.15 In case of the complete shout down of the Service, TecnoVeritas will send that information to the Client, with 30 days in advance, by email, using the contact given in the subscription moment. Also, for the same email will be sent all the data on Client’s Account, in CSV format.
3.16 Except for the resale and affiliation contracts, it is forbidden the disposal for valuable consideration or free of charge of the service subscribed to third parties.
4.1 TecnoVeritas grants the safety and privacy of all the data correctly inserted on BOEM-S. The data inserted will be kept in a database, subject to tighter controls and access restrictions. Only a technical team have access to the servers where BOEM-S is allocated. The BOEM-S connection is made by a valid security certificate, which means that your data are always protected from third parties.
4.2 To the Client is always granted the access to the respective data for update or elimination, through a set of credential that allows the program usage, for this reason, TecnoVeritas advise to always keep it in safety and its loss must be immediately communicated to TecnoVeritas by email for the cancellation and emission of new credentials.
4.3 The solicited data, in the subscription moment, will only be used in the commercial relation between TecnoVeritas and the Client, in any case, these data will be given to third parties. It is also granted the access for update and cancellation of the data by a written solicitation.
4.4 In accordance with the subscription plan, the Client account can support more than one user. The subscriber Client is responsible for access permission to the account by third parties, credited by the Client, being these ones integrated or not on the entity subscribed on the service.
4.5 The Client can also create more users that make part of the subscriber entity, being able to define each user as being Administrator or only a Regular User. The difference between Administrator and a Regular User is that all Administrators can create/remove users, as well as access to all the information of every user, in the meanwhile the Regular User can only access to the information given by the Administrator.
4.6 All the changes made on the Regular Users and Administrators will be registered on the BOEM-S BackOffice, only accessible to the TecnoVeritas Technical Team.
4.7 All the servers have permanent monitoring, to prevent possible disasters and other disruptive events. Always that a disruptive event occurs and it affects the continuity, the backup data previously collected will be put in place. The break between the data collected and data placed online will never be more than 24h. The Client accepts this break between backups has an integral part of the service and declines to responsible TecnoVeritas for eventual data lost during the time previously mentioned.
4.8 Always that is verified the resolution of the contract for organic causes, is granted to the user a maximum period of 90 days to recover information on the platform. After this period the data will be definitely eliminated.
4.9 TecnoVeritas shall not be liable, personally or jointly and severally, with the Client, before it, third parties, or any other public or private body for the content and nature of the data of its Client and all other information that integrate them, excluding the responsibility of the TecnoVeritas for any act or omission, willful or negligent, derived from the use of the data that constitute the practice of criminal offenses.
4.10 The confidentiality obligation on all the information and data of the Client that by virtue of this contractual relationship will prevail indefinitely, despite the termination of this contractual relationship.
5. DATA PROTECTION AGREEMENT IN PROVIDING SERVICE (GDPR)
5.1 TecnoVeritas is compromised on the Data Protection, that may be necessary of its employees, clients, suppliers and other interested parts, and in Grant its conformity with all the relevant legislation, with special consideration on General Data Protection Regulation (Regulation UE 2016/679 of the European Parliament and of the Council).
The Regulation previously referred defines the obligations to apply to data processing entities, in a way to define the actuation areas, to classify the data collected and the intended purposes of treatment for such data, requiring that the service provider agreements between the controller and the data processor be reduced in writing and constituted as a basis for it (considering 81 and no. 3 art. º 28.º of the Regulation).
5.2 This agreement between TecnoVeritas and the companies/taxable persons of its Clients is binding and constitutes as a showpiece of conformity of TecnoVeritas and its Client companies with the GDPR, in what respects the adoption of technical and organizational measurements applied on the data collected processing by the companies and processed by BOEM-S that represents TecnoVeritas and acts on the market.
6. TECHNICAL SUPPORT
6.1 The technical support of TecnoVeritas’ service will be preferably provided in writing, by email. The support will always be free of charge, being TecnoVeritas’ right to classify the questions, depending on resolution priorities, or that belongs to this questions category or not. The contacts for technical assistance are the email email@example.com and also the phone number (+351) 261 819 819. The technical assistance will be carried out in the order of arrival of the requests to each of the channels of assistance and conditioned by the number of technicians available, that will have a major conditioning out of the working hours (9:00 am – 6:00 pm).
6.2 All the service stops that will be motivated by previewed technical issues for the correct functioning of the service, or for its better performance, will be communicated to the Client, always as possible. The content available after a maintenance will always be the same ah it was before the service stop, except the security break or the hardware failure, which will be minimised to the minimum time range defined on the Data section of these Service Terms.
6.3 The Client compromise to have enough knowledge to request technical assistance, receive and understand the respective answers by the requested means for the technical assistance. The Client can request the intervention in person of a technician, however, that will be considered an extra cost.
6.4 TecnoVeritas compromises that any assistance request will be with no answer for a bigger range than 24h. It is a condition for technical assistance that the Client does not have any debts or late payments.
6.5 TecnoVeritas also obligates itself to replace all the hardware components that imply the good functioning of the service, as fast as possible, if these were acquired by TecnoVeritas. This procedure will not have any additional costs for the Clients of the service.
7. CONDITIONS TO THE SERVICE PROVISION
7.1 The hired services by this mean can be cancelled, suspended or removed, in case of occurring one or more of the following actions:
a) Attempts to access external data;
b) Unannounced and unauthorized searches for possible vulnerabilities of the BOEM-S software and the hardware that hosts it;
c) Intentional interference with the good service of the BOEM-S Service hardware and software;
d) Non-payment by the Client, within the term and conditions, stipulated in these Terms and Conditions or in the Contract;
e) The insolvency, dissolution or liquidation of any of the parties;
f) If any of the parties is suspended from the exercise of their activity, or if they are in any way prevented from doing so by judicial or administrative decision.
7.2 The Client is responsible for ensuring and safeguarding the correct use of third-party data. Always that TecnoVeritas receives information about abusive utilization of third parties’ data by the Client, automatically acquires the right of the account suspension until the verification of the veracity of the data received. If the abusive usage verifies, TecnoVeritas acquires the right to shut down the Client’s account, without the right to any refund of the amounts paid and without it being entitled to any compensation for the loss of data and information.
7.3 It is also forbidden to place any script that needs to assume the root of the servers, or that can interfere with the functioning of those. In the same way is forbidden cracking, hacking or phishing.
7.4 In case of non-compliance, TecnoVeritas will notify the Client in order to remedy any breach, within 30 days after receiving the notification.
7.5 In the event that the breach is attributable to the Customer, TecnoVeritas has the right to suspend services.
7.6 Keeping the non-compliance or the defected compliance of one of the parts, the other party has the right to finish the contract immediately.
7.7 The contractual breach attributable to TecnoVeritas does not constitute grounds for contractual termination arising from the lack of adequate and compatible conditions of Hardware and Software and of Internet access of the Client, which do not allow the total or partial use of the global potentialities of BOEM-S.
7.8 TecnoVeritas has the right to claim payment of compensation for damages, in addition to the right to be reimbursed for all inherent expenses, up to the limit defined by the value of the services provided by TecnoVeritas in the contract.
7.9 For any questions about the service terms, please contact us by email firstname.lastname@example.org or phone number (+351 261 819 819).