TERMS AND CONDITIONS OF USE
OBJECT OF USE
EVOLMIND is a company dedicated to, among others, the development of computing solutions, offering an online service for the management of online training courses within its scope of action, hereinafter EVOLCAMPUS.
EVOLMIND, with Tax ID number B99151615 and based at Calle Bari 31, Office 020, postcode 50.197 Zaragoza, registered in the Commercial Registry of Zaragoza, Volume 3513, Section 46, Page Z-43747, 1st Inscription, provides its services according to the terms established below.
The aim of this agreement is to make available to the client a web access to the EVOLCAMPUS IT platform, developed entirely by EVOLMIND, and consisting of a platform for the management of online training courses.
ACCEPTANCE OF CONDITIONS
The present agreement will be valid as from the date on which you tick the acceptance box that appears at the end of the same.
The above-mentioned electronic acceptance implies acceptance of the conditions included in this agreement, thus registering the date and time it was completed. Such registration will be sufficient to prove acceptance of said Agreement.
The client agrees that it will not be necessary to confirm receipt of the acceptance of the contract when this has been concluded exclusively by electronic communication.
A full legal name and an e-mail address must be provided as well as all the information required in the account creation process.
It is the user’s responsibility to provide truthful information and EVOLMIND reserves the right to delete any account if its accuracy is under question.
The user is responsible for maintaining the privacy of their account. EVOLMIND will not be responsible for any damage or loss that may be the result of a user error in protecting their access information.
The user decides who has the right to enter his account with the role he deems appropriate.
TYPE OF CONTRACT
The acceptance of a payment plan begins at the moment in which the user enters their credit card details and makes the first payment or, if accepted by EVOLMIND, when bank details have been provided to send the corresponding bank payment order.
The client is responsible for evaluating each and every one of the EVOLCAMPUS features, under no circumstances are custom developments made and any information on new features is merely informative and will not have any contractual agreement.
Once a payment plan has been agreed, this will be renewed automatically on the renewal date until the user sends an e-mail requesting the cancellation of the account to firstname.lastname@example.org at least (5) working days before the start of the new billable period
EVOLMIND offers a fee system which adapts according to the number of students the client has. A base price is established which includes a specific number of students, once this has been reached, there will be an additional cost per student.
EVOLMIND reserves the right to change the fees at any time with a 30-day notice. Notifications of the change of fees will be published on the EVOLMIND website and will be sent by email.
A valid bank card is required to make payments or, if accepted by EVOLMIND, a bank account number must be provided in order to send the corresponding bank payment order.
EVOLMIND will charge a recurring fee on a periodic basis, and in the event that one month the student limit is exceeded, the additional cost associated with that month will also be charged.
The Service provided is charged each period in advance. There will be no refunds or credits for partial months of the Service, and no refunds will be made if the user does not use the Service during the period of time the account is active.
In case of non-payment or return of a payment order, you will be notified on the e-mail address that has been provided. Failure to respond satisfactorily within 15 days from the first communication will lead to loss of access to the Service. If the amount due is not paid after (30) days from the first communication, the agreement will be deemed cancelled and the account and all the data it contains will be deleted.
No fee includes taxes or obligations required by government authorities. The user is responsible for paying these taxes or obligations.
The CUSTOMER will have the following technical characteristics regarding storage and data transfer:
- Total disk storage: 500 Gb
- Monthly data transfer: 2 TB
- Simultaneous connections / second: 50
- Maximum file size: 4Gb
In the event that the CLIENT exceeds these limits, EVOLMIND will contact the CLIENT to offer the most suitable solution in each case.
These solutions may be, among others, that the CLIENT has to contract services with third parties or pay an additional monthly amount to extend these limits.
In the event that THE CLIENT does not apply the proposed solutions within ONE MONTH from the first written communication, EVOLMIND reserves the right to terminate this agreement unilaterally.
CUSTOMER SERVICE, GUARANTEES AND SLA
EVOLMIND will be responsible for the correct functioning of the hardware and software that is in included in the service agreement.
System availability is measured based on the possibility of access and use of the main components of EVOLCAMPUS. The availability offered by EVOLMIND will be a minimum of 98% of a monthly time period.
EVOLMIND will offer technical support and consultation through the email available for customer service throughout the term of the contract, notwithstanding that other means of contact are made available to the client.
EVOLMIND will use all available means so that the response time by email will not exceed ONE WORKING DAY (24 hours), taking as a reference the working calendar of Zaragoza (Spain)
COPYRIGHT AND INTELLECTUAL PROPERTY
EVOLMIND owns all the Intellectual Property rights of all and every one of the components of the Service that may be protected, including, but not limited to, the name of the Service, graphic material, all software associated with the Service and the elements of the user interface contained In the Service, many of the individual features and related documentation.
The user undertakes not to copy, adapt, reproduce, distribute, reverse engineer, decompile, or conceal any facet of the Service that EVOLMIND possesses. The user also accepts and undertakes not to use robots, spiders, other automated devices, or manual processes to control or copy any content of the Service.
Evolmind ensures the complete confidentiality of the stored data, without any right to ownership or use for EVOLMIND being derived from the storage of said data.
EVOLMIND will not be liable, in any case, for possible violations of the applicable intellectual or industrial property law on the content stored on the platform by the CLIENT.
Neither EVOLMIND, nor its partners, nor its sponsors are responsible for any direct, indirect, secondary, consequential, special, exemplary, punitive, or any other type of damage that arises or is related in any way to the use that the user makes of this service. The user can only solve his dissatisfaction with the Service by ceasing to use it and cancelling his account.
EVOLMIND will not be liable for breach of its obligations defined in this contract, if the performance of these obligations has been prevented, interfered with or reasonably delayed by circumstances beyond the control of EVOLMIND.
EVOLMIND is not responsible for the use of data stored in the system. The CLIENT is responsible for the correct management of access, modification or deletion of said data.
The CLIENT is fully responsible for the access and correct use of EVOLCAMPUS subject to current legislation, whether national or international, as well as the principles of good faith, morals, good customs and public order. And specifically, it acquires the commitment to diligently observe the present General Conditions of Use.
The CLIENT agrees not to resell, duplicate, reproduce or exploit any part of the Service without the express written consent of EVOLMIND. The CLIENT may not use the Service to store, host, or send harmful or unsolicited email (spam).
If any of the conditions described here is invalidated or cannot be applied, the application of any of the remaining ones should in no case be affected.
The Conditions and your relationship with EVOLMIND under these Conditions, will be governed by the laws of Spain. The CLIENT and EVOLMIND agree to submit to the exclusive jurisdiction of the courts of Zaragoza to resolve any legal issue in relation to the Conditions.
SECURITY AND PRIVACY
EVOLMIND is duly registered with the Spanish Agency for Data Protection, thus complying with current regulations on confidentiality and security of confidential data.
The data that users enter in EVOLCAMPUS is hosted on OVH servers in the European Union, thus guaranteeing both data hosting regulations and the highest levels of security and accessibility in the market.
EVOLMIND and its employees have access to account data in order to be able to offer the customer support service. All EVOLMIND employees have signed a confidentiality agreement in compliance with the privacy regulations including the GDPR.
If, at any time during the first 30 days after joining EVOLCAMPUS, the CLIENT is not satisfied with the service, they can cancel the account and request a refund of the fee paid that first month by sending an e-mail to email@example.com