Terms and Conditions
Service Provider
These General Terms and Conditions of Service shall apply to the services provided by VisibleSoft S.L., with registered office at C/ Los Brezos, 72 - 2, 28978 Cubas de la Sagra (Madrid) and Tax ID B88425285 (hereinafter "the Provider").
For any communication with the Provider, the client may write to the email address: info@visiblesoft.com.
VisibleSoft S.L. is the owner of the website www.visiblesoft.com, which is available to Clients, and where the conditions and description of the services marketed by the company are displayed.
These Service Terms and Conditions, together with the Terms and Conditions presented in the offer to the Client, as well as the Legal Notice, the Privacy Policy and the Cookie Policy (hereinafter, and collectively, the "Terms of Service"), expressly govern the relationships arising between the Provider and the Clients and the use and utilization of the services it provides.
The Provider reserves the right to modify or update, in whole or in part, these Terms of Service. Any change or update shall take effect immediately upon publication on the website. Users are advised to regularly visit these notices to obtain the latest versions.
Services Offered
These Terms of Service shall apply to contracts for the services offered by the Provider (hereinafter the Services), which have been developed by it specifically for the provision thereof (hereinafter the Software) and which currently are as follows:
VS POWER TIME
Web and mobile application that allows you to record and manage employees' working hours, as well as incidents occurring during them.
It is a flexible and simple software that can be deployed for employees whose work location is fixed, as well as for those who, due to their position, are mobile employees who do not have a fixed place to perform time tracking. The application can record, if the company so wishes, the location from which records are made.
VS VELA MANAGER
Web and mobile application for service and technician management and control. With Vela Manager it is possible to remotely manage the entire workload of a service company, knowing in real time the location of technicians and which services they are providing assistance on. It is even possible to quote and invoice those services from the application itself. It has thorough service control, where photos, documents, notes, etc. can be added, as well as a record of all interventions performed for the same service.
Prices
Service prices shall be those stipulated at any given time and for each Service, and are communicated to the Client in advance for acceptance (Service Offer), including Value Added Tax (VAT) and other taxes that may apply.
The prices indicated in the offer do not include any additional services beyond the contracted service.
Procedures for Entering into the Contract
Once the acceptance of the offer has been received, the Provider will confirm receipt by sending an acknowledgment of receipt by email to the address indicated by the client, within twenty-four hours following its receipt.
Service Activation Timelines
As a general rule, the service will be activated within 24 hours counted in business days from receipt of the approval of the Service Offer.
In the event that the Client makes a modification to the characteristics of the Services, having already accepted the initial Offer, the period shall begin to run from the date of receipt of said modification request by VisibleSoft SL.
Payment of the Price
Payment for the requested Services shall be made monthly through direct debit receipts, for which the corresponding SEPA Direct Debit mandate will be sent for completion and signature.
Payment for the service must be made at the time of the corresponding receipt charge. The return and non-payment of a receipt shall result in the cancellation of the service until the Client is up to date with payments.
Support
For any information about the Services, the Client may contact the Provider through the customer service email at info@visiblesoft.com.
License Grant for Access and Use of the Services
The Provider grants the Client a non-exclusive, non-sublicensable, non-assignable, royalty-free and worldwide license to access and use the Services solely for the Client's business activity, and provided that the operations carried out comply with the Terms of Service.
Client Obligations
The Client may not:
- Distribute, license, lend or sell the Software or other content displayed on it that is accessed through the use of the Services;
- Modify, alter or create derivative works of the Software;
- Reverse engineer, decompile, decode, decrypt, disassemble or derive any source code from the Software;
- Remove, alter or conceal any copyright, trademark or other proprietary rights notice on the Software;
- Upload, publish, reproduce or distribute any information, software or other material protected by copyright, privacy rights or any other intellectual property right without first obtaining the permission of the owner of such rights.
Likewise, the Client shall be obligated to communicate to the Provider any operational incident of the contracted Services as soon as possible.
Provider Obligations
The Provider shall provide the agreed Services under the conditions established in the Offer previously presented to the Client.
It shall also maintain the Software in the best conditions so that it is operational, meeting the Service specifications agreed upon with the Client, promoting corrective, adaptive and preventive maintenance thereof.
In the event of a scheduled cut or stoppage in the Service's operation, the Provider shall notify the Client of this cut at least 24 hours in advance.
Intellectual Property
The Provider has all rights reserved over the Software, including all documentation, modifications, improvements, updates and all other Intellectual Property rights in relation to the Service, including the Provider's name and logos, as well as trademarks reproduced through the Service.
Contract Cancellation
The contract may be terminated for various reasons:
- Termination by the Client: The Client may terminate the contract for any reason, provided that 30 days' prior notice is given to the Provider.
- Termination for material breach: Either party may terminate this agreement with immediate effect by sending a termination notice to the other party if:
- The other party fails to comply with the agreement, has breached its obligations, covenants or representations.
- The failure, inaccuracy or breach continues for a period of 30 days after the injured party notifies the breaching party of the details of the breach.
- Termination for non-payment: The Provider may terminate this agreement with immediate effect by sending a termination notice to the Client in the event that the Client fails to pay the monthly fees on time.
Cancellation of the contract entails the interruption of the Service, and the Client may request that the Provider export the information stored on its servers in a suitable format for portability (CSV, Excel).
Data Protection
The Provider has implemented appropriate security measures to prevent unauthorized access to data or its use and disclosure.
VisibleSoft S.L. is the Controller of the Data Subject's personal data and informs them that this data will be processed in accordance with Regulation (EU) 2016/679 of April 27 (GDPR) and Organic Law 3/2018 of December 5 (LOPDGDD). Such processing will be carried out exclusively for the execution of the contract and data will be retained for no longer than necessary to maintain the purpose of processing or while there are legal requirements dictating their custody. No disclosure of data to third parties is planned (except where required by law), and if it is necessary for the execution of the contract, the Data Subject will be informed in advance.
The Data Subject is informed that they may exercise the rights of access, rectification, deletion and portability of their data, and the rights of limitation or objection to processing by contacting VisibleSoft S.L. C/ Los Brezos, 72 2 - 28978 Cubas de la Sagra (Madrid). Email: info@visiblesoft.com, and if they consider that the processing of personal data does not comply with current regulations, they also have the right to file a complaint with the Supervisory Authority (www.aepd.es).
Data Processor
For the provision of the contracted Services, the Provider needs to access and process personal data under the Client's responsibility, thus becoming the Data Processor for said data. To comply with current data protection regulations, the Provider will send the Client the corresponding processing agreement, reflecting in said contract, where applicable, the subcontracting of services for the Client to sign the corresponding authorizations.
Applicable Law
Contracts entered into shall be governed by these Terms of Service, as well as by the provisions of Title IV of Law 34/2002 of July 11 on Information Society Services and Electronic Commerce, the Civil and Commercial Codes and other civil or commercial regulations on contracts, in particular consumer and user protection regulations and commercial activity regulations.
Dispute Resolution
In the event of disputes or disagreements arising from the purchase of products through the website and for the resolution of any conflicts, the parties agree to submit to the Courts of Madrid, unless the law requires jurisdiction at the Client's domicile.