FacturaDirecta Classic is an online service specialized in offering billing and accounting for freelancers and SMEs, owned by Conductiva Online Services S.L. (hereinafter “Conductiva”), a Spanish company, with NIF B65152100, with registered office at C/ Ató Bisbe, 8, 5-3, 08500 Vic, Barcelona, Spain and registered in the Barcelona Commercial Registry, Volume 41388, Folio 9, Sheet B392505, Entry 1.
This Service Agreement (hereinafter “Agreement”) will broadly explain our obligations as service providers and your obligations as a User of the program (hereinafter “User”).
Conductiva will understand that any User who uses the service has read and accepted this Service Agreement and has sufficient capacity to subscribe to this Agreement.
Conductiva reserves the right to update and modify the Service Agreement, as well as the rest of the conditions under which the service is provided, without any prior notice, as they will be available and updated at www.facturadirecta.com/legal/acuerdo
This Agreement will be valid from the date on which the Agreement acceptance checkbox is checked.
What services does Conductiva offer?
Conductiva makes available to freelancers and SMEs, a set of web Services that facilitate the management of billing, accounting, taxes and expenses/purchases and complementary financial or legal services that are described in more detail at this link (https://www.facturadirecta.com). These services will be provided through the “FacturaDirecta” product.
All data entered into accounts, both manually and through imports, is the sole and exclusive property of the User who owns the account. FacturaDirecta will limit itself to registering the data in an orderly manner and displaying it. Under no circumstances will the data contained in the accounts become the property of FacturaDirecta, nor will it be commercialized, nor will it be used in a way different from that already known by the User and for which they entered the data.
Likewise, we can offer you access to services identified as “beta” or pre-launch services. These services are still in development phase, so they may contain programming defects or errors, may lack characteristics, may change significantly before their definitive commercial launch, or may not be launched to the market. We offer beta services in the state they are in, without any guarantee and without right to any claim, so the use you make or the confidence you place in beta services is at your own risk.
What availability does FacturaDirecta have?
The service will be provided 24 hours a day, 365 days a year during the term of the agreement.
Conductiva guarantees Service availability of 99.9%. In case of actual unavailability of this service level, the following penalties will be applied:
- <99.9% monthly availability -> 5% refund of monthly amount
- <99% monthly availability -> 25% refund of monthly amount
- <98% monthly availability -> 50% refund of monthly amount
- <96% monthly availability -> 75% refund of monthly amount
- <90% monthly availability -> 100% refund of monthly amount
Network downtime will be counted from when the User notifies Conductiva of the breakdown by any of the means indicated in this Agreement.
Users will not have any compensation for possible service inoperability when:
It is directly caused by the User’s activity or means. Maintenance tasks are being carried out. For which the User will be notified in advance using the notification system visible after logging into the Service itself, as the main communication channel, the Twitter account of facturadirecta (https://twitter.com/facturadirecta) or even publications on the FacturaDirecta blog (if deemed necessary) (https://www.facturadirecta.com/novedades/). Other causes not directly attributable to Conductiva (force majeure causes…).
Is my data safe in FacturaDirecta?
Conductiva has developed all the technical and organizational systems and measures within its reach, provided for in the personal data protection regulations to prevent loss, misuse, alteration, unauthorized access and theft of personal data provided by the User or visitor.
All communications with FacturaDirecta are carried out on a secure channel using 256-bit encryption, the same level of security used by the most advanced banks. Conductiva has obtained the DigiCert Global security certificate for this purpose.
FacturaDirecta servers are hosted within Europe, in Amazon Web Services owned infrastructures, guaranteeing high security standards (both physical security of facilities, as well as backups, network security and storage services security).
Access credentials to the program are stored irreversibly to guarantee their confidentiality and the read access keys to the Users’ financial entities are always stored encrypted.
How is the FacturaDirecta service contracted?
Plans: Conductiva offers a plan system that adapts to the volume of Users and clients registered in the program. The limits of each plan are specified in the “Manage this account” > “Subscription and invoices” section from within the account. If the User exceeds any of the limits of their plan, they must adapt to the current contracted capacity or contract a plan with greater capacity.
Contract period: Plans can be contracted monthly or annually. Annual contracting will mean a discount of 2 months (you pay 10 and enjoy the program for 12 months). There is no permanence beyond the contracted period already paid.
Trial period: All accounts will always have 30 days of free trial without any capacity limit. No charge will be made during the free trial period, even if a payment plan has been configured.
Payment method: The User can make payment for their plan by credit card directly from their account. Conductiva may enable other payment methods in the future. These other payment methods may be subject to a series of additional conditions that the User will have to accept before using them.
Currency: Payments will be made in euros (EUR) unless otherwise indicated on the contracting page or on the invoice itself. The plan amount must be paid in advance, as it is a condition for the contracted plan to be activated in the User’s account.
Taxes: All prices shown both on www.facturadirecta.com and in the program are always without taxes included, unless otherwise indicated. The User will be responsible for the payment of any tax.
By default, Value Added Tax (VAT) will be applied to all products. The User must inform Conductiva if they are exempt or not subject to VAT and provide a valid certificate issued by the competent tax authority so that invoices are issued without according to their situation.
Contracting: To contract any payment plan, you just have to access your account and then “Manage this account” > “Subscription and invoices”.
Advertising: Accounts that are on the free plan or in the trial period and have not yet configured a payment plan, may show a FactruaDirecta advertising line in the generated documents.
Modifications and/or updates: Conductiva reserves the right to modify the capabilities and functionalities of the plans and rates unilaterally and at any time, without granting the User any right to compensation with such change.
What is the duration of the agreement?
The contract will have the same duration as the service, unless the regulations provide otherwise in relation to any of the terms of this Agreement.
This Agreement binds Conductiva and User who accepts it and cannot be assigned unless the new beneficiary accepts the conditions of this Agreement and the previous User continues to be responsible for the obligations contracted in the Agreement before such assignment. Any other attempt at assignment or transfer will be considered null and void.
What is the duration of the service?
FacturaDirecta has no permanence. You can stop using the program at any time, as well as delete your account and all your data from our servers.
The program can be contracted both annually and monthly and Conductiva will offer the service during the contracted period and even after termination, adapting to the capabilities of the free plan we offer.
Deleting the account or changing to a lower plan will not generate any right to refund the amount already paid. If the contract were to be canceled and the contracted period has not yet been exhausted, no time prorations will be made, nor will the remaining amount be refunded, but it can always be enjoyed until its complete consumption.
At the end of the paid period (month or year), the Service will be renewed automatically for a period of duration equal to the previous period.
Likewise, the User administrator of the account may not renew, change the contracted capacities of the service or delete their account at any time from within the account by clicking on “Manage this account” > “Subscription and invoices”.
Plan changes and renewals
Plan changes (changes in the contracted service capabilities) can be made at any time from “Manage this account” > “Subscription and invoices”, and in general, will take immediate effect.
Service renewals will be carried out automatically for successive periods upon completion. Both parties agree that they may, unilaterally, at any time and for any reason, decide not to continue with the automatic renewal of the Services.
Is it possible to back out after contracting a plan?
Of course, as with any other Internet purchase, you have 14 natural days to withdraw from the contract.
For this, you must request the refund of the subscription amount from within the account, using the help icon located in the upper right corner. If the request were made using another means, it will not be taken into account as it is not possible to verify the origin of the request.
For what reason can the Agreement be terminated?
In addition to legally recognized causes (mutual agreement…), each party may suspend compliance or rescind this Agreement if (i) the other party substantially breaches the Agreement and does not remedy it within thirty days after receipt of written notification, (ii) the other party ceases its business operations or is subject to insolvency proceedings and such proceedings are not dismissed within ninety days or (iii) the other party substantially breaches this Agreement more than twice, without prejudice to the remedy of such breaches.
In case of rescission of this Agreement:
The rights granted by one party to the other will cease with immediate effect (unless otherwise provided in this Section), Conductiva will provide you with your data, as well as the ability to export it, for a legally reasonable period of time and at Conductiva’s prices in effect at that time applicable to the Service, After a legally reasonable period of time, Conductiva will delete the User Data, Each party will immediately apply all commercially reasonable efforts to return or destroy any other confidential information of the other party, if so requested.
And what happens to the data in my account if I stop using the service?
At any time, the User may request the export of the data contained in their FacturaDirecta account by clicking on “Manage this account” > “Export data”. The format of the export files is XML.
In principle, while the account remains operational, all data entered into the accounts will be kept intact. This data will only be deleted if any of the Users delete it manually or if complete deletion of the account is requested. After 15 days, the deletion will be completely final.
What happens if any of the provisions ceases to be applicable or is modified?
The change or inapplicability will only be applicable to that provision, the rest would continue in force under the same conditions in which the Agreement was accepted.
Does Conductiva assume direct or indirect responsibilities for the use of the Service?
Conductiva will not be responsible for non-compliance with this Agreement if it is due to causes beyond its control, whether technical, security or otherwise. The User exonerates Conductiva from any loss or damage that they may suffer as a consequence of this type of non-compliance.
Furthermore, Conductiva will not be responsible, directly or indirectly, for possible damages caused because the content of the tax models generated and presented, reports… or any other current or future functionality offered by Conductiva, are not correct, accurate or complete.
What obligations do I have as a User of the Service?
The User is obliged to use the Service appropriately, not use third-party access keys under any circumstances, maintain the confidentiality of the Service access keys and update or cancel personal financial aggregation keys.
The User will exercise all commercially reasonable efforts to prevent unauthorized use of the Service and to cancel unauthorized uses. The User will immediately inform Conductiva of any unauthorized use or access to the Service of which they become aware.
The User undertakes not to use the program’s functions to send unsolicited email (spam) or any other form of non-consensual mass communication. This includes, but is not limited to, the use of billing tools, customer management or any other Service functionality for sending commercial or promotional messages without the express consent of the recipient.
Unless Conductiva specifically agrees in writing, the User may not sell, resell, lease the Service to a third party or any equivalent action (unless explicitly authorized in this Agreement), attempt to reverse engineer the Service or any of its components, attempt to create a substitute or similar service through the use of the Service or access to them.
In the event that the User becomes aware of any infringement, whether legal or of this Agreement, they must notify Conductiva as soon as possible to take appropriate actions.
Until the facts that motivated the infringement notification are clarified, the account will remain suspended, but with all contained data intact.
Intellectual and Industrial Property
All procedures, functionalities, software, brands or distinctive signs, images, photographs, graphics, text, audio, video files and other contents of the Services are protected by intellectual and industrial property laws; they cannot be subject to modification, copying, alteration, reproduction, adaptation or translation by the User or third parties, without the express authorization of the respective and legitimate owners of such contents.
Under no circumstances will making these contents available to Users imply the assignment of their ownership or any right of use or exploitation in favor of the User different from the use involved in legitimate use and in accordance with the nature of the Services.
What legislation and forum does this Agreement submit to?
The interpretation and execution of this Agreement are governed by Spanish legislation.
The parties submit, at their choice, for the resolution of conflicts and with renunciation of any other forum, to the courts and tribunals of the User’s domicile.
How can I contact Conductiva if I have doubts about any of the clauses of this agreement or about the use of the program itself?
Communications and notifications of incidents, suggestions, consultations… that occur during the validity of the service will be made through the web and program help service (chat) or by email to info@facturadirecta.com. The User attention and support schedule will be Monday to Friday from 9:00 to 18:00 uninterruptedly.
Distributors
A distributor is a FacturaDirecta collaborator who offers the FacturaDirecta Classic service to their clients with more advantageous prices.
This option only exists for the FacturaDirecta Classic program.
Being a distributor does not imply, in any case, the assignment of ownership of the FacturaDirecta commercial brand or any right of use or exploitation in favor different from the use involved in legitimate use and in accordance with the nature of the program.
The distributor will have an area within the program where they can manage the accounts they have created as a distributor.
Conductiva will issue a monthly invoice to the distributor for the amount of subscriptions of the payment accounts used according to agreed rates and including applicable taxes.
Payment of the invoice will be made by bank direct debit.
In case of non-payment of any invoices issued by Conductiva, the distributor must pay the outstanding debt with a bank card plus a commission for the procedures and additional costs involved in returning a receipt (currently the commission is €15+VAT).
In addition to legally established causes, the relationship between Conductiva and the distributor can be resolved if two or more unpaid monthly payments accumulate. Conductiva will notify the distributor that they have a period of 7 days to settle the debt. If payment is not attended to, the distributor account will be permanently canceled without possibility of reactivation.
After the 7-day period, the FacturaDirecta accounts associated with the distributor will become normal FacturaDirecta accounts.
By becoming a FacturaDirecta distributor, they commit to respect the rest of the clauses and conditions of the FacturaDirecta program.