General terms and conditions for Organizations

General terms and conditions for Organizations

Acceptance of the contract

This document contains the contract conditions defined by HumanSurge SL for the provided service to organizations of the website http://humansurge.org/.

The general terms and conditions constitute a contract between HumanSurge SL and the Client. For this reason, the Client must read them carefully before registering on the platform. Upon submitting the registration form online, it is understood that the Client expressly accepts and is bound by this agreement.

Power of Attorney on behalf of a Client

When acting on behalf of a legal entity, the person who registers that entity on the platform is exclusively responsible for having the necessary powers to enter into the contract on behalf of that entity, representing the entity. When in this contract the Client is mentioned, we refer to such an entity and to any person using the platform on behalf of that legal entity.

Special terms

Some services may have their own particular terms and conditions. In this case, the Client will be warned of such circumstances.

Signing parts of the contract

This contract is signed between the Client and HumanSurge SL with CIF B87447496 and registered company address Calle Duque de Rivas 5, 28012 Madrid (Spain) as owner of the platform hosted under the domain http://humansurge.org/

Elements of this contract

In addition to these conditions, the “privacy policy”, the “cookies policy”, and the “legal notice and conditions of use of the website” are part of this contract, notwithstanding other special terms and conditions as mentioned above.

Modification of this contract

HumanSurge reserves the right to modify these conditions, at any time and at its discretion, with prior notice that they are going to be modified. The notice could be sent by email to the Client or through a visible warning on the website http://humansurge.org/. The changes performed will come into force thirty (30) days after the notification of the modification.

The last version of these conditions which are applied to the service is the one available on the following URL (ADD url!).

Use of service after updating the conditions implies that the Client agrees to the new conditions.

Definitions

HumanSurge S.L.: is the organization who owns the “platform” which is made available to the User through these terms and conditions. The organization is mentioned, throughout this contract, as “HumanSurge”.

General terms and conditions for organizations: also mentioned as “contract” or “agreement” in this document. This, in its entirety, constitutes the general terms and conditions for organizations, which is a binding contract between HumanSurge SL and the Organizations.

The contract specifies the terms in which the service will be provided by HumanSurge SL and the rights and obligations of each party.

Organizations: mentioned as “Client” in this document. It is the legal entity that accepts this contract. The person who registers the Organization on the platform must have the capacity of representation for such an Organization to sign this contract.

Registered User: An individual who registers at http://humansurge.org with the purpose of contracting the services offered through the platform and who, once registered, logs in with their user name and password on the platform. The registered user acts on behalf of a legal entity which can authorize several registered users.

Platform: is the website with all its content and services made available to the Client under the URL http://humansurge.org/ and its different subdomains. The purpose of the platform is to make available to the Client a series of professional profiles specialized in humanitarian work, with the appropriate experience and abilities to cover the needs of the Client.

Cause of force majeure: means that an event may occur causing damage without HumanSurge having been able to foresee it or avoid it, despite establishing preventive measures to prevent their happening.

Effective date: is the day in which this contract begins to apply to the Client.

Object of the contract

The purpose of the platform is connecting the Client with specialized professionals with experience and abilities in the field of the organizations which require their services.

Through this contract, HumanSurge makes the platform available to the Client for easy access to the profiles of professionals who it may need for its activity.

Registration and access to the service

Registration on the platform

To be able to access the service, the Client must register and create an account on the platform through the URL: http://humansurge.org/

The Client must provide accurate and real information and must keep their data constantly updated.

Management of the password

To guarantee the security of the service it is necessary that the registered user chooses an access password at the point of registration. The password chosen by the Client to access the service is personal, confidential and non-transferable. The Client will be solely responsible for keeping it secret, as well as for the consequences of its loss or disclosure, intentional or accidental, and exempt HumanSurge from any liability that may arise from any misuse of the accounts by unauthorized third parties making use of disclosed passwords.

We recommend the use of strong passwords made up of various characters (alphanumeric, signs, numbers), with a minimum of six characters and not being able to be easily deduced.

Allowed use only to users of legal age

Registration on this platform of those individuals under eighteen (18) years old is prohibited. The parents or guardians of minors will be held accountable for the acts carried out by minors under their care for unauthorized registration and use of HumanSurge.

Registration through email associated to the domain of the organization

The email used by the customer to register on the platform should match the domain of the organization they represent. If the organization is a multinational or an organization with offices or subsidiaries located in different geographical locations who maintain their own domain, they should use the (sub) domain that links to the corresponding geographical area. The generic domain cannot be used to link several (member) organizations as a single client and under a single contract.

Data supplied

The treatment of personal data supplied by the Client is regulated in accordance with the terms set forth in the "treatment of personal data" in this contract.

Effective date and duration of the contract

Effective date

This contract will be effective from the moment the Client accepts it when registering on the platform.

Duration of the contract

The subscription to the service can be on a monthly or annual basis and will be renewed, tacitly and by equal consecutive periods, unless the Client decides to cancel their subscription by giving advance notice of thirty (30) days or unless there is cause for the termination of the contract by either party.

Cost of the service

Price

The Client can agree to monthly or annual plans with specifications and prices specified in the next URL: ADD urlxxx. Unless otherwise mentioned, the prices do not include VAT.

The Client must pay the taxes and fees that may apply according to their country of residence and the price of the contracted services. The taxes are calculated based on the billing information the Client provides to us at the time of acquiring the service.

All the amounts are specified in euros (€)

Payment method

The available payment methods are specified in the URL: xxx

Updates to the platform

HumanSurge can make periodic changes and updates to the platform to add new features and services that may involve changing its appearance. Such modifications and updates will always be focused on improving the Client's experience with the platform, and who expresses agreement with such possibility when accepting this contract.

Intellectual property rights

HumanSurge makes available to the Client, through this contract, the platform without it involving the transfer of any intellectual property rights from HumanSurge in favor of the Client, beyond the use of the platform.

The information and content which the Client uploads and publishes on the platform, are exclusive property of the Client. In the case the Client uploads content of third parties, the Client will ensure they have the necessary authorization for its use.

In order for HumanSurge to be able to make use of content provided by the Client on the platform, the Client gives HumanSurge a license of use to this content, which is non-exclusive, transmissible and can be sub-licensed, in any geographic location, worldwide. Such license will be terminated if the Client removes the content and cancels their account on the platform, except for content which has in turn been shared by third parties.

The license is given according to the legislation of the Consolidated Text of the Spanish Intellectual Property Law.

Industrial property

The trademarks and trade names of HumanSurge, as well as their domain names and any other logos and signs which identifies the services of HumanSurge, are owned by HumanSurge. This agreement does not imply any transfer or right of use over them in favor of the Client.

Likewise, the Client is owner of their own logos and trademarks and this contract neither supposes the transfer of rights over them in favor of HumanSurge. With the exception of the right of use of the brand which distinguishes the Client on the platform, so professional users may identify the organization as user of the platform. Furthermore, HumanSurge will be able to mention the brand of the Client and link to their website, to indicate they are users of the platform, in promotional communications which HumanSurge may make to encourage the use of the platform with potential clients and in marketing activities. Even when the Client cancels the contract, they authorize HumanSurge to mention them as user of the platform for a further period of one year.

The license is given according to the legislation of the Consolidated Text of the Spanish Intellectual Property Law.

Forbidden use of the platform for illegal and immoral purposes or purposes contrary to public policy

It is forbidden to use the platform for illegal and immoral purposes or purposes contrary to public policy. HumanSurge may terminate this Contract if they detect the Client is using the platform for such purposes.

The Client is solely responsible for having the legal permission and necessary authorization to operate as an Organization within their field of activity and to use the platform according to applicable law in any geographical area, worldwide. HumanSurge does not perform any prior verification of content before it is uploaded to the platform, therefore the Client is solely responsible for the published content on the platform and the legality, accuracy, and legitimacy of said content.

The Client is responsible of any illicit use of the platform made by their employees and collaborators and absolves HumanSurge of any kind of responsibility in that regard.

Among the illicit uses of the platform, which are not consented by HumanSurge, stands emphasized: the use of the platform to upload, publish, send, transmit, or make available to third parties information of any kind that may be illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, intrusive against the intimacy or the honor of third parties, racist, homophobic, or discriminatory in any way. As well as any information that may threaten or violate minors in any way. This list is to exemplify and make explicit certain illicit uses, the list is in no way exclusive nor limiting of the illicit uses not consented to by HumanSurge.

The Client also agrees to compensate HumanSurge for any damage that may be requested by or made to HumanSurge as consequence of a court or arbitral procedure initiated at the request of a third party whose rights may have been transgressed or violated by illegal use of the platform by the Client.

The Client guarantees the organization they represent does not have any link, direct or indirect, with other entities considered illegal.

Treatment of personal data

Client consent for the treatment of their personal data

In compliance with the requirements demanded by the Organic Law of Protection of Personal Data, HumanSurge informs the Client that the personal data they provide during the initial registration on the platform, as well as any other data that may be provided throughout the commercial relationship between the Client and HumanSurge through the platform or through other means, will be incorporated into an automated file owned by HumanSurge, being properly notified to the Spanish Agency of Data Protection and which is available at the following address, entering the name “HumanSurge” in the box referring to the “corporate name of the party responsible for the data”.

http://www.agpd.es/portalwebAGPD/ficheros_inscritos/titularidad_privada/index-ides-idphp.php

If the person registering for the first time in HumanSurge adds as administrators and/or users of the Client’s account other individuals of the same Organization, the person must make sure they inform said individuals of the established circumstances in this clause regarding the treatment of their personal data and the incorporation of their data in the file mentioned on the paragraph above.

The data provided by the Client to HumanSurge will be used for the purpose of processing the Client registration, as well as managing adequately the requested services, collections, and payments and to conduct market and quality surveys.

Likewise, HumanSurge will use the electronic address provided by the Client in the registration to occasionally send them commercial information of the services and offers from HumanSurge. The Client will be able to cancel their subscription to such emails as indicated within those emails. In addition, within their own profile, the Client can select the kind of communication they may be interested in receiving.

By accepting this contract the Client gives their content to HumanSurge to be able to process the data with the purposes described above.

Exercise of the rights of the User for the control of their personal data

The Client can exercise their rights of access, rectification, cancelation, and opposition to the legal terms by means of sending an email to the following address dataprotection@humansurge.org

Providers on which HumanSurge relies for providing the service

In order to ensure adequate technical safeguards, HumanSurge hires trusted external service providers to provide support to the technological services required to operate the platform.

Specifically, HumanSurge works with the hosting and technology infrastructure provider Dinahosting, owned by the company Dinahosting SL, and Digital Ocean, owned by the company Digital Ocean Inc., whose servers we use are located within the territory of the European Economic Area and whose privacy policy can be consulted on the following link.

https://dinahosting.com/legal/proteccion-datos

https://digitalocean.com/legal/privacy

When entering into a contract with HumanSurge, the Client authorizes the storage of personal data that they provide to us to be stored in the centers of data protection of the aforementioned providers.

Furthermore, the Client expresses their agreement with the fact that the availability of the platform for the service to be provided will be determined by the fulfillment of the service from Dinahosting and Digital Ocean to HumanSurge with respect to their own infrastructure.

Maintenance of the platform

WithWith the purpose of providing a better service to the Client, HumanSurge will be able to take actions directed to the maintenance and updating of the platform. Such maintenance and updating may generate temporary momentary suspensions of the service, in such circumstance HumanSurge will inform the Client in due time.

Confidentiality

For the purposes of this agreement, it is considered as confidential information any information that is disclosed orally, written, or by any other medium or format, tangible or intangible, currently known or those that may become available in the future, and may be exchanged between the parties as a consequence of this agreement and whenever the parties indicate expressly that such information is confidential.

The parties agree to keep secret any confidential information they have knowledge of as a consequence of the relationship that arises through this Contract. The obligation of confidentiality shall remain throughout the term of the contract, and will continue after termination thereof, irrespective of the causes that have led to that decision. Both parties are responsible for any damages that may arise for the other party as a result of a breach of this obligation, by either organization or by people who are a part of the organization of either entity.

Limitation of responsibility and guarantees

The platform is designed to comply with the needs associated to the provision of services given by HumanSurge through it. However, HumanSurge cannot guarantee that there will be no interruptions to the service, nor that the service will be completely free of errors.

HumanSurge services are limited to a software platform, made available to the Client and the professionals registered on it, that allows both parties to contact each other to cover their professional needs.

HumanSurge does not perform checks of the reputation, legality, and accuracy of the data provided by the professionals. It is the responsibility of the Client to verify the professional credentials of the individuals in which they may be interested.

Once the Client and the professional, in whose profile the Client may be interested, have contacted each other, HumanSurge does not intervene, nor participate in the relationship and/or contractual or other commitment which may arise between the Client and the professional. Working conditions, guarantees, and a contract are something the Client and the professional have to negotiate, without HumanSurge participating in any way. Therefore HumanSurge does not have any responsibility nor will ever be responsible or will ever pay out, on any terms or conditions agreed upon between the Client and the professional users of the platform, neither will HumanSurge be liable for any incidence or problem that may occur in such conditions, nor the breach of them by any of the parties.

HumanSurge assumes no responsibility for illicit acts or others derived or related to the use of the platform by the Client, nor the content or the information shared by the Client through illicit use of the platform. To the extent that such limitation of responsibility may not be allowed by the applicable laws, the responsibility of HumanSurge will be limited to the maximum permitted by the Law.

HumanSurge also assumes no responsibility for links that may point to third party sites uploaded by any user of the platform and that may put at risk the computer of the Client. The Client is responsible for deciding if they want to access such content or not, published from the platform.

The Client releases HumanSurge from any responsibility and responds through compensation for damages of any liability that may be claimed by third parties against HumanSurge, for the illicit and unconsented use of the platform, which the Client may make.

HumanSurge is not an information storage platform, therefore the Client accepts that HumanSurge does not have any obligation to store or keep copies of the information the Client uploads to the platform, without prejudice of their rights of data protection, defined in the section “treatment of personal data”.

Force majeure

HumanSurge will remain exempt from fulfilling its obligations of maintenance of the platform towards the Client in cases of force majeure in which the correct working of the platform becomes impossible on account of, among other causes, and including, but not limited to: strikes, fire, flooding, government acts, acts of terrorism, restraining orders, supply failure, telecommunications failure, or any other reason under which maintaining normal operation of the platform may be out of the control of HumanSurge and which has not been caused by its own negligence.

Termination of the service

The Client may terminate this Contract cancelling their subscription at any time. Such termination will be effective from the next month from the notification of the termination of the service. The termination of the contract by the Client will not affect the amount outstanding for the subscription to the service.

HumanSurge will also be able to terminate the contract at its discretion, in which case HumanSurge must return to the Client the amount the Client already paid for the service not used for periods pending under the paid-for subscription.

The Client acknowledges that HumanSurge reserves the right, discretionally and unilaterally, to deactivate the Client’s account, blocking their IP address, or any other action that involves the blocking of access for the Client to the services of the platform. This will happen if HumanSurge detects that the actions of the Client breach the conditions intended in this contract. The Client acknowledges that HumanSurge will not have any liability whatsoever for blocking their access to the platform as a result of breaching this contract.

With the termination of the Contract, any right of the Client over the platform will end and they will lose their right of access to the platform.

This agreement will also terminate if either party fails to comply with contractual provisions.

Miscellaneous

a. Divisibility of the Contract. If any clause of this Contract is declared invalid or non-executable by any Court of the competent jurisdiction, the remaining clauses of this contract will continue to be fully effective and, if the law allows it, such invalid provision will be substituted by an enforceable provision that reflects the intentions of the parties as faithfully as possible.

b. Transfer. The Client is not authorized to transfer this Contract to third parties except with the prior and written consent of HumanSurge. Any expense related with the transfer of the Contract, as long as it had been consented previously, will be borne by the Client.

c. Waiver. Non-execution by any of the parties of any right or amendment will not constitute its waiver to such right or amendment. No waiver will be effective unless it is communicated to the other party in writing.

Jurisdiction and applicable legislation

The contract and all and each of the conflicts that may directly or indirectly arise from or relate to the Contract, will be ruled by the laws of the Kingdom of Spain, independently and excluding of the rules of international private law and in the jurisdiction of the Courts of Madrid City.

 
Before any controversy regarding the interpretation of the terms of the present conditions, the original Spanish language version is the one which will prevail.

Version 1.0 of the legal notice and conditions of use dated February 1st 2016.

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