Service agreement for Distributors and Digitalizing Agents
This Service agreement (hereinafter “Agreement”) broadly explains our obligations as service providers (the company Conductiva Online Services, SL, hereinafter FacturaDirecta), the obligations of the Distributor or Digitalizing Agent (hereinafter distributor) as well as other conditions and circumstances of interest to the parties, which will enter into force at the time of acceptance thereof.
FacturaDirecta will understand that the distributor, has read and accepted this agreement, as well as the General FacturaDirecta Service Agreement and has sufficient capacity to contract.
Who can benefit from this agreement
Any distributor registered as a Digitalizing Agent in the Red.es digitalization catalog (measure belonging to the SME Digitalization Plan 2021-2025) can benefit from this agreement.
They must be registered in the “electronic invoicing” category previously or be willing to add the category to be able to market the FacturaDirecta service.
What it consists of
The distributor will have a unique promotional coupon that they can use when contracting accounts for their clients.
The coupon will allow contracting the Advanced and Total plans with a 50% discount exclusively with annual contracting.
Duration
The duration of the agreement will have an initial duration of one (1) year, automatically renewable for successive equal periods unless FacturaDirecta gives notice of its suppression with at least 3 months in advance. The information on the cancellation of the agreement will be published in this same section of the website.
The agreement between FacturaDirecta and the distributor will have similar duration. Periods of one (1) year renewable for successive equal periods unless there is advance notice by either party in writing with at least 3 months in advance.
FacturaDirecta contracting
The contracting of the FacturaDirecta program will be carried out directly by the distributor using the usual FacturaDirecta contracting process, selecting the plan to contract between the Advanced and Total plan, and applying the personalized coupon with the 50% discount.
In case the end user of FacturaDirecta wants to make a plan change from Total to Advanced or vice versa, they must request it directly from their distributor. FacturaDirecta will charge the corresponding fee to the distributor, without prejudice to the charge that the distributor subsequently passes on to the end user.
Modifications
FacturaDirecta reserves the right to modify or eliminate any of the clauses contained in this agreement at its discretion.
In case changes occur in this agreement or any of its provisions are suppressed, it will be modified by giving it immediate publicity since it can always be found available and updated at this URL.
Causes of termination
The distributor can request withdrawal from the distribution agreement at any time, which will be carried out with complete independence from withdrawal from the FacturaDirecta service, with at least 3 months in advance.
On the other hand, FacturaDirecta can rescind the agreement for the following causes:
- Inappropriate or fraudulent use or promotion of the FacturaDirecta service.
- Non-compliance with this agreement or any of its clauses.
- Non-compliance with the FacturaDirecta service agreement or any of its clauses.
- Any other legally recognized cause.
Renunciation by the distributor
In case the distributor does not decide to renew this agreement, the users recommended by the distributor will be full-fledged clients of FacturaDirecta and with the same conditions as the rest of the service users.
The distributor accepts that, once the agreement is rescinded and the withdrawal is effective, they will have no right to claim any pending balance, compensation or any other benefit that could be derived from this agreement.
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 will continue in force under the same conditions in which the agreement was accepted.
Responsibilities and obligations
FacturaDirecta 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 distributor exonerates FacturaDirecta from any loss or damage they may suffer as a consequence of this type of non-compliance.
The distributor will have the obligation to make adequate use of the FacturaDirecta service and must carry out correct promotion of it, not using inappropriate or fraudulent practices, which may cause harm to FacturaDirecta or any of its users or collaborators.
They must comply with the provisions contained in this agreement, as well as the FacturaDirecta service agreement, and if they cannot comply with any of them, they will inform FacturaDirecta as soon as possible so that it can decide whether it is convenient to maintain the agreement with said distributor or if on the contrary it is best to rescind it.
In case the distributor becomes aware of any infringement, whether legal or of this agreement, they must notify FacturaDirecta as soon as possible to take appropriate actions.
Until the facts that motivated the infringement notification are clarified, the distributor’s activity 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 FacturaDirecta contents are protected by intellectual and industrial property laws; they cannot be subject to modification, copying, alteration, reproduction, adaptation or translation by the distributor 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 the distributor imply the assignment of their ownership or any right of use or exploitation different from the use involved in legitimate use and in accordance with the nature of FacturaDirecta.
The distributor may disseminate in the way they consider most optimal the promotion of the FacturaDirecta program, ensuring that the provisions of this text are not contravened.
A mediakit will be provided to the distributor with graphic resources and texts to help them in promoting FacturaDirecta, with FacturaDirecta retaining ownership thereof at all times.
Legislation and forum
The interpretation and execution of this agreement are governed by Spanish legislation.
The parties submit for the resolution of conflicts to the courts and tribunals they decide by mutual agreement.
Communications and notifications
Communications and notifications of incidents, suggestions, consultations… that occur during the validity of the agreement will be made through email info@facturadirecta.com