Subscription Terms of Service for Advertising Diffusion Services
by COMERLEADS, S.L.
- Subscription Scope
-
The General Conditions regulate commercial relations between COMERLEADS S.L., owner of www.infoisinfo.ng site (hereafter referred to as
“Infoisinfo” or “WEBSITE”) and its clients (hereinafter “client”)
-
With the online subscription to a Premium Ad on www.infoisinfo.ng, the client fully and
unreservedly
accepts, without reservations, these General Conditions for each product or service (hereafter
referred to
as “Agreement”), both parties accepting the possibility of formalizing by any lawful means,
including
e-mail, telephone recording, digitalized or electronic signature and to be stored, archived or
reproduced by
any means available.
-
These Terms are visible and accessible on https://www.infoisinfo.ng/subscription-policy
- The Products and Services offered by Infoisinfo are exclusively indicated for professionals and
entrepreneurs. Therefore, the current legislation is not applicable on consumers. If you intend to
carry out
a personal and not professional use of this website or of the products and services offered on it,
we must
be contacted in advance, in order to define the contractual framework that will govern the
relationship
between Infoisinfo and you.
- Infoisinfo Information
- Infoisinfo, currently and with no prejudice to other activities that may undertake now or in the
future, is
dedicated to the commercial exploitation of
www.infoisinfo.ng, online directory of companies and
professionals.
-
The identification data is the following:
- Corporate name: COMERLEADS, S.L.
- Address: Alejandro González, 5 – 28028 – Madrid (Spain)
- E-mail: users@infoisinfo.ng
- Data entry on Mercantile Registry ("Registro Mercantil") of Madrid: Volume 26881, book
- 0,folio 174, section 8, page number M-484456, entry 1ª.
- Tax Identification Number: B-85753614.
- Clients
- The client is any person or legal entity bearing the legal authority to enter into such an agreement
and in
compliance with relevant Spanish legislation and who intends to use free of charge or for a fee the
services
provided by Infoisinfo. All client’s data is stored on a subscription form on the website
(hereinafter “Particular Subscription Policy”). The acceptance of these conditions is essential so
as to
sign up as a client and to register in those services that are required.
- The client, or any of its agents, representatives or factors acting on its behalf, warrants
sufficient
authority to sign up the contract and to be bounded by these terms and conditions.
- The client states that the information provided is truthful.
- Purpose of the contract
- The purpose of the contract consists on the advertising diffusion services by Infoisinfo in exchange
for
payment of fee by the client, for the period of time established in the contract.
- For this purpose, Infoisinfo will carry out the diffusion of the “Premium Ad” in the space agreed at
the
time of the subscription through Particular Subscription Policy and considering technical
limitations
supported by Infoisinfo systems.
- The client acknowledges and accepts the sole responsibility of Infoisinfo in the organization of
the ads on
www.infoisinfo.ng website. It also accepts that
Infoisinfo has its own rules and guidelines of ad’s classification on its website.
- The client acknowledges and understands that a number of “Premium Company” products subscribed could
impede
the suitability to the different guidelines of each advertisement. For this reason, Infoisinfo cannot
guarantee a determinate place of the ad, except when the client has subscripted specific conditions.
- Requests for changes of the ads will be completed according to the Section 14.1, through Infoisinfo form or
the “Particular Subscription Policy”
- The client agrees that Infoisinfo can adapt services, previously contracted, to technological
advances or
other products of similar or greater range or functionality, without incurring in any substantial
change in
the contract previously agreed.
- Validity and duration
- The agreement shall become effective and shall take full effects from the time of approval by the
client,
unless Infoisinfo communicates the non-acceptance of the commercial relation, no later than seven
days from
the stated date.
- The contract will be indefinite and will automatically be renewed for each contracted period, until
the
client wishes to terminate as provided in clause 14.2.
- Infoisinfo Obligations
- Each Premium Ad will be designed by Infoisinfo.
- Infoisinfo, as owner of exploitation rights, will hand over to each client the rights of use for
different
ads produced, in multimedia format, during the applicability of the contract, being limited the
transfer of
use only for Infoisinfo server, solely in the conditions previously accorded in the contract.
- The initial date of advertising broadcast will take place no later than thirty days after the client
delivers the information that the ad should contain; the client’s approval shall be tacitly
understood as
granted, unless indicate otherwise, after the information that the ad contains has been delivered by
the
client to Infoisinfo.
- Clients Obligations
- As to the technical resources available to the client:
- a. The Client, to ensure proper and complete use of the service, must have
the
technical, electronic or computer resources necessary. Therefore, the client alone will be
responsible for any defects or incidences that occur of delivering the service, where
personal
resources used fail.
- b. The client shall indicate, if any, the exact URL of the destination
website
which is redirected from the ad, and disclaims any liability to Infoisinfo for any ad
placement
changes that may occur through the use of non-standard browsers.
- As to the use of the service or its content:
- a. All services contracted are personal and non-transferable. The client
accepts
and undertakes to keep aside all passwords provided by Infoisinfo, and therefore cannot be
used by
third parties, in accordance with the agreement in the paragraph a) in clause 8.1 of this
General
Subscription Policy.
- b. Client should respect current legislation and in particular all the
principles
of preservation of public order, respect for the honour of people and also the
non-discrimination
cause of race, sex, religion, opinion, nationality, disability or other personal or social
reason,
the protection of youth and childhood, protection of rights related with personal and family
privacy, freedom of expression and freedom of information.
- c. The Client warrants that the information provided is truthful and
updated and
declares that the content of the ads, trademarks and other intellectual or industrial
property that
integrate such content or that of their website, do not infringe any rights of other
individuals or
entities, it is neither unlawful nor offensive, being truthful and coincident with the
quality of
products or services, counting with the necessary licenses or authorizations required by law
and in
compliance with the requirements of the different professional bodies when it is a regulated
activity. The Client is solely responsible for the potential violation of these obligations,
clearly
recognizing that the lack of veracity of information contained in the ads will never
determine any
liability of Infoisinfo and undertakes to compensate Infoisinfo as a result of sanctions
imposed by
the appropriate organisms.
- d. In the event that advertising inserts contain references to advertising
sweepstakes, contests or other promotions, the client shall comply with current legislation
on games
of chance, betting and gambling, shall have administrative authorization, with its obtaining
liability and shall undertake to indemnify Infoisinfo of any breach or liability arising
from such
action.
- e. The client shall be solely responsible for the entire content of his
website and
for messages written or sent through electronic means, as well as the data provided,
recognizing
that inclusion of ads in www.infoisinfo.ng does
not
imply any recommendation by Infoisinfo for the purchase or rental of the products or
client’s
services.
- f. The client acknowledges that Infoisinfo is not responsible for
maintaining the
client’s website nor it is responsible for order entry, payment processing, deliveries,
cancellations or refunds, nor provides services to client in connection with orders placed
through
client’s website.
- g. The Client undertakes that the website does not comprise any content
that is
owned or licensed by Infoisinfo, including without limitation Infoisinfo ads, except for
those cases
in which Infoisinfo has signed a partnership agreement or other affiliation.
- h. The client grants to Infoisinfo the irrevocable right to access, index,
copy
(cache) and display of (in relation with client ads) the website or websites linked in their
profile
by any instrument or automatic mechanism, including web spiders or crawlers. This license
allows
Infoisinfo the possibility to create or show total or partial copies of the text, graphics,
images,
audio, video or any other content found in these websites, including the right to show and
create
thumbnails.
- i. The client authorizes Infoisinfo to perform content backups of the ads
performed
in electronic format and contracted during the validity of contract.
- j. The client will receive access to a control panel from which the
registration,
modification and any other matter relating to the client’s profile can be managed.
- k.
Infoisinfo owns the rights of intellectual property, or has obtained the necessary licenses
or
authorizations for operation on domain names, trademarks and logos, application, information
and
computer programs related to the website and technology associated with it, as well as its
contents.
- l.
The contents of this website (including designs, apps, text, images, source code…) are
protected by
industrial and intellectual property rights.
- m.
Content may not be used, reproduced, copied or transmitted in any form without explicit
written
permission of Infoisinfo.
- n.
Client grants Infoisinfo a free, non-exclusive and universal license of use and exploitation
for
publication, modification, transformation, compilation and public communication in any form,
without
geographical or time limitation on contents published by each client through their website.
- o.
The client is solely responsible for the website's content, claiming it has all necessary
consents
and approvals for the publication of content, exonerating any liability to Infoisinfo.
Client
acknowledges and states that all contents are published under the sole responsibility of the
client.
Therefore, shall be responsible for all sanctions and/or compensations derived from the
content of
advertising.
- Access conditions and use of the services.
- The use of the different services will be under the following conditions:
- a. The access takes place via the client’s browser and using the passwords
provided
to the client. These keys are confidential and personal so they must be securely kept by the
client
so they cannot be used, in any case, by third parties. The Client is fully responsible for
any use
that may be made of their personal passwords, exonerating Infoisinfo of any responsibility.
- b. Access to the service may be denied to the client who has failed to
fulfil their
obligations and commitments.
- The client assumes all liability arising from misuse of services.
- Infoisinfo, owner of the service, to guarantee the rights of the client, could:
- a. Supervise the service while respecting the privacy of the client and
communications.
- b. Temporarily discontinue service, without prior notice for technical or
legal
reasons that will be displayed on https://www.infoisinfo.ng/subscription-policy
if technically possible.
- c. Modify the conditions of service provision, where required for technical
reasons
or implementation of new laws, both circumstances shall be set forth in the aforementioned
Infoisinfo website.
- d. Add or delete any web services and all related information that may be
illegal
or offensive.
- Infoisinfo authorizes the client to use the intellectual property rights related to the applications
installed on the server running Infoisinfo. Apart from that, Infoisinfo grants no other permission
of use,
prohibiting their reproduction, in whole or in part, its processing, transmission, borrowing and any
other
form of transfer, without express written permission.
- Price and payments
- As consideration for the contracted services, the client shall pay the agreed fee for the contracted
period,
subject to taxes.
- The client agrees to make payments for provided services. On non-payment cases, Infoisinfo could
reject any
requests on behalf of the client and has the possibility of cancelling other non-performed services.
Furthermore, the client empowers Infoisinfo to finish the contract and demand estimated damages.
- The delay in payment by the client empowers Infoisinfo, without previous communication, to
temporarily
suspend the broadcasting of the contracted advertising. When the delay is more than two months, the
client
authorizes Infoisinfo to discontinue broadcasting of the contracted advertising, as aforementioned.
- Any complaint that the client wants to make, regarding any charges made to their account, shall be
communicated to Infoisinfo within 30 days after payment, according to Condition 11.1.
- Confidentiality and Data protection
- Contract content and all the information and documentation that both parts exchange will have
confidential
nature during its applicability, except data for advertising diffusion, data of authorized cession
by client
or information from clients with unpaid debts.
-
All personal data contained in the contractual documentation between the two parties, will be part
of a
file, owned by Infoisinfo, in order to manage the commercial relationship and to communicate latest
features
on products and services.
- The Client may access, rectify, cancel and deny, if necessary, by sending a letter to COMERLEADS,
SL,
Alejandro González, 5-28028 Madrid, with the only requirement of a correct self-identification.
- Infoisinfo will not handle the client’s personal data for the services described in this contract.
- The Client consents to receive commercial communications, regarding products and services offered by
Infoisinfo, by all means including electronic.
- Requirements and Compensations
- Requirements:
- a. Infoisinfo acknowledges the client’s rights to solve contractual
incidences
through a simple procedure, consisting of the disclosure of information (through a
methodology that
allows verifying the identity of the complainant), contents of complaint and its date. As of
receiving the complaint or incidence, Infoisinfo will immediately proceed to reply.
- b. Infoisinfo has a customer service to resolve contractual issues or
complaints.
This service may be rendered by Infoisinfo or by a third party.
- c. The complaints referred in the previous paragraph should be sent by an
email to
users@infoisinfo.ng or also by phone (+34 91
014 98
22). They can be sent through regular mail addressed to:
- COMERLEADS, S.L.
- Complaints Resolution Service
- Alejandro González, 5 - 28028 - Madrid
- d. The formulation of any kind of complaint does not relieve the client for
paying
service fees.
- Compensations:
- a. Infoisinfo will be responsible for the errors and omissions of content
that both
parties consider essential for the advertising services, which cancel out the efficiency of
the ad.
Infoisinfo will accept responsibility only when errors attributed to Infoisinfo are
communicated by
the client within 30 days of starting date of ad. In which case, Infoisinfo will immediately
solve
mentioned errors within seven days at the most.
- b. The Client agrees to indemnify Infoisinfo and its suppliers, licensors,
licensees, subcontractors, agents, attorneys and employees, from any liability resulting
from misuse
of the service or from breach of any of the obligations regulated in the contract, including
without
limitation breach of any representation or warranty. The client will be solely responsible
for the
payment of compensation for damages that should be paid to Infoisinfo or any third party.
- Guarantee Exemption
- The client agrees that the use of the contracted services will be performed to his own risk.
Infoisinfo and
its information providers, licensors, licensees, employees, agents, attorneys and subcontractors do
not
guarantee results in relation of a minimum number of users or the success of the client’s ads, also
of any
information, product or service provided in relation with Infoisinfo.
- Infoisinfo excludes, in its own name and its suppliers, licensors, licensees, subcontractors,
consultants,
agents, managers and/or employees any warranty including, but not limited to: (1) availability,
suitability
or content of the contracted service and/or information, products or services available through this
service; (2) satisfactory quality, merchantability and/or aptitude for a particular purpose.
- Responsibilities
- Infoisinfo’s responsibility, as of its suppliers, licensors, licensees, employees, agents,
representatives
or subcontractors, for acts attributable to any of them, shall be exclusively for direct damages
caused by
delivery failure, error, omission, interruption, loss, liability, lack of supply, computer virus,
destruction, unauthorized access, alteration and unlawful use of the files. Liability for incurred
damages
is limited to twice the amount of the net invoiced price of the ad or ads affected by the error or
to breach
of contract and the price reduction of the affected ad proportionately to the committed error.
- Infoisinfo and its providers, licensors, licensees, employees, agents, attorneys or subcontractors
will not
be responsible for incidental, direct or indirect damages caused by the use of contracted service by
third
parties, or by linked websites as well as acts, errors in links provided by Infoisinfo to third
parties
through agreements.
- Infoisinfo shall have no liability for failure or delay in its performance in the event that the
delay is
caused by labour strike or lockout, delivery restrictions, riots, acts of terrorism, insurrection,
fire,
flood, storm, explosion, earthquake, Internet failure, computer virus, war, governmental action or
any other
event that is reasonably beyond the control of Infoisinfo.
- Contract Modifications or Cancellations
- To modify ads displayed by Infoisinfo, the request should be sent as follows: a) Prepared site on www.infoisinfo.ng or b)
users@infoisinfo.ng.
- A client may cancel a contract when:
- The tools explained on previous clause or the address shown on clause 2.2, for regular mail,
are
used. Infoisinfo will not consider as received communications sent by other means.
- When different ads or products are contracted by Special Offer or a Promotional Pack, partial
annulment of
the offer will not be allowed in any case.
- Infoisinfo reserves the right to cancel, refuse or suspend an advertisement in the following cases:
- a. Requirement under judicial or administrative authorities.
- b. When the ad content is obscene, offensive or contradictory with
editorial
characteristics of the site or can cause damage to the reputation of www.infoisinfo.ng or to any third parties.
- c. When the same ad is used by two or more professionals, companies or
corporate
names without effective relation and the solely objective to share the price of the ad. On
this
case, commercial centres or similar businesses will not be able to include in their ad any
reference
to shops or companies within.
- d. When Infoisinfo detects direct or indirect correlation between the
client and
other Infoisinfo debtor clients. For this purpose, “correlation” will be: (i) when a client
uses the
same phone number, address, email, corporate name or any element previously classified as
belonging
to a debtor client, except in cases where it has been expressly authorized by Infoisinfo.
And/or
(ii) when a corporation assumes the capacity as administrator, partner and / or agent of the
debtor
client.
- General Subscription Policy Modification
- Infoisinfo may proceed to modify the content of the current General Subscription Policy, provided
that there
is a reason to do so. In any case, the modification shall be notified through https://www.infoisinfo.ng/subscription-policy
and always specifying the different reasons to perform the changes. It will be understood that there
are
sufficient reasons to justify the amendment when it intends to:
- a. Extend the range or number of services available for clients or improve
them.
- b. Adapt the services under contract to the development of new
technologies.
- c. Adapt any clauses to the current laws.
- The general or particular conditions, if any, may not be modified except by express written
permission. The
modified conditions take effect from the time of publication, so that the agreements formed after
this time,
will be subject to the modified conditions.
- Given to the above, we strongly recommend that you check whether the Conditions have been changed
before you
sign a contract with Infoisinfo.
- Current Jurisdiction and Applicable Laws
- The applicable law is the Spanish legislation.
- For the resolution of any dispute or litigation arising regarding the interpretation or performance
of the
agreement, the Courts and Tribunals of Madrid will be the only appropriate authority.