The following is the contractual document that will govern the contracting of products and services through the website www.gotimecloud.com owned by ZKTeco EU S.r.l. (hereinafter the Supplier). Acceptance of this document implies that the User:
These conditions will have an indefinite period of validity and will be applicable to all contracts made through the Supplier’s website www.gotimecloud.com. The Supplier reserves the right to unilaterally modify these conditions, without this affecting the goods or promotions that were acquired prior to the modification.
Identity of the Parts:
On one hand, the Supplier for the software as service application contracted by the User:
ZKTECO EU S.r.l.F(1)
Carretera de Fuencarral 44, Edificio 1, 2ª Planta, 20108 Alcobendas, Madrid, Spain
Email: sales@gotimecloud.com
Telephone Contact: +34 916 532 891
VIES: ES B47440573
On the other hand
The User, registered on the website through a Username and password, over which he has full responsibility for use and custody, being responsible for the veracity of the personal data provided to the Supplier.
Object of the Contract
The purpose of this contract is to regulate the contractual purchase-sale relationship of the GoTimeCloud application between the Supplier and the User. Such relationship will start at the moment in which the User clicks accepting in the corresponding box during the online contracting process. The contractual relationship of sale entails the delivery, in exchange for a certain price and publicly exposed through the website, of the use of the GotTimeCloud application
CONTRACTING PROCEDURE
The contracting procedure may be performed in Spanish or English language according to the language available on the contracting page. In order to access the services offered by the Supplier, the User must register through the website by creating a User account. For this, the User must freely and voluntarily provide the personal data that will be required. The User will select a User name and password, committing to make diligent use of them, and not making them available to third parties, as well as to notify the Supplier of the loss or theft of them or of possible access by an unauthorized third party, so that it proceeds to immediate blocking.
The User will not choose as a Username words whose purpose is to confuse others by identifying the latter as an integral member of the Supplier, as well as in general expressions, contrary to the law or the requirements of morality and good manners. Once the User account has been created, it is informed that in accordance with the requirements of art. 27 of Law 34/2002 on Services of the Information Society and Electronic Commerce, the contracting procedure will follow the following steps:
Sales system
To make a purchase, the User must contract the Selected Plan on the ‘Plans and Prices’ page of the website www.gotimecloud.com
Product Prices and Payment
Price published on the GoTime Cloud website: The prices published are reference prices that do not include Value Added Tax (VAT) or any other applicable tax. The final contract prices are negotiated individually between the consultant prescribers and the end customers. The prescribers may include in their value proposition additional services to accompany the end customer in the process of training, configuration, implementation and use of the application.
Contracted price: The contracted price responds to the particular promotion of the prescriber with which the end customer acquires the product and to the standard functionality of time recording and time calculation, weighted with its market value on the date of contracting.
Annual renewal price variation: The annual renewal price may vary due to, among other reasons, inflation, operating costs or supervening causes, such as geopolitical events and mandatory legislative changes that did not exist on the date of contracting. Any price variation will be proportional and must be justified in a communication at least two months prior to the automatic renewal of the annual subscription, in compliance with European regulations on transparency and consumer protection referenced in the Digital Services Act (DSA).
Price variation due to the contracting of new functional modules: The price of the subscription may vary with the active contracting by the end customer of new functional modules, respecting the laws of electronic commerce and the regulations of digital services in the European Union.
Preisänderung aufgrund des Abschlusses neuer Funktionsmodule: Der Abonnementpreis kann sich bei aktivem Abschluss neuer Funktionsmodule durch den Endkunden ändern, wobei die Gesetze zum elektronischen Handel und die Vorschriften für digitale Dienstleistungen in der Europäischen Union zu beachten sind.
Accepted forms of payment:
Credit or debit card.
Order Delivery
Upon receipt of the payment, an email containing the URL and access codes to the application will be automatically generated and sent directly to the User. The User will be responsible for changing the password within a period not exceeding 24 hours after obtaining it. The Supplier guarantees that the Application works basically in accordance with the written material that is available for download on the contracting page, during the term of this Agreement. The Distributor disclaims all other warranties, whether express or implied, with respect to the Application and written material.
Rights of the User and Return Policy
The User will have a period of fourteen days from receipt of the order to terminate the contract and be able to return the purchased product. The User will communicate to www.gotimecloud.com within the stipulated period and by email to sales@gotimecloud.com , his desire to exercise the right to terminate the contract by running the User with the expenses derived from the return The term of this Agreement is of one year from the date of signature. After the original one (1) year term is lapsed, this Agreement will automatically be renewed for same time period of one (1) year period, unless either Party notifies the other Party of its intention not to extend it by express written notice two (2) months in advance of the end of the initial term or any of its extensions.
Right of Withdrawal
The User, as a consumer and User, makes a purchase on the Website and, therefore, assists him of the right to withdraw from said purchase within a period of 14 calendar days without justification. This withdrawal period will expire after 14 calendar days of the day that the User acquired the material possession of the goods acquired on the Website www.gotimecloud.com and the User will not have the right to receive any refund. To exercise this right of withdrawal, the User must notify his decision to www.gotimecloud.com You can do so, where appropriate, through the button “cancel” on the page ‘see subscription of my account enabled for it. In case of withdrawal, www.gotimecloud.com will reimburse the User for all payments received without undue delay and, in any case, no later than 14 calendar days from the date on which www.gotimecloud.com is informed of the decision to withdraw by the User. In this same sense, the provision of a service that the User could contract on this Website is governed, since this same Law establishes that the Right of withdrawal to the Users will not assist when the service has been fully executed, or when it has begun , with the express consent of the consumer and User and with the recognition on their part that they are aware that once the contract has been fully executed by www.gotimecloud.com they will have lost their right of withdrawal.
Responsibility of the User
The customer agrees to pay the total amount for the Product requested in the amount and manner established. The User undertakes at all times to provide truthful information about the data requested in the User registration or order fulfillment forms, and to keep them updated at all times.
The User undertakes to accept all the provisions and conditions set forth in these General Terms and Conditions, understanding that these provisions the best possible service will for the type of activity that it contracts. It also undertakes to keep confidential and with maximum diligence, the personal access codes that could be provided to him. The User also undertakes to change the password provided by the Supplier within a period not exceeding 24 hours after obtaining it. In case of breach by the User of this obligation, the User understands that the Supplier will not have any responsibility for the delay or impossibility of delivery of the order requested by the client. In any case, the Supplier’s contracting platform will inform the User, once the contracting procedure is finished, via email of the characteristics of the contracted service.
WARRANTIES
All products offered through the website are completely original, unless otherwise indicated in their description. All of them have a guarantee period of 3 years, in accordance with the criteria and conditions described in Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws.
APPLICABLE LAW
These General Conditions of Purchase are subject to Spanish legislation. The parties submit, for the resolution of conflicts and waiving any other jurisdiction, to the courts and tribunals of the Alcobendas, Madrid (Spain).
