The agreed services will be provided under the following terms and conditions that are known and accepted by the Client in all its breadth.
Object. Under this agreement Software Engineering Services, S.C.P., hereinafter the Supplier, agrees to carry Client data migration to platform WordPress.
Payment method. The payment of the service will be made in advance. So the realization of payment constitutes explicit acceptance of these Terms and Conditions.
Privacy Policy. All the site content of the Client will be deleted from the Supplier’s servers as soon as the migration is closed. The Supplier is open to sign a Non Disclosure Agreement if the Client wishes.
Furthermore, in the case of the migration process involving the need for access to Personal Data, the Supplier, as a processor in charge is obliged with the Spanish Law 15/1999, of December 13th, of Personal Data and the Royal Decree 1720/2007, of December, 21st, by approving the Regulation of implementing the Organic Law 15/1999 and other regulations applicable in the Spanish Legislation.
And with the provisions of Article 12th of the Spanish Law 15/1999, the Supplier will only process the Personal Data to which access is in accordance with the Client instructions and will not be applied nor be used for any other purpose than the object of the contract, nor even for conservation or be communicated to others.
Closing the migration. The migration process will be closed by the confirmation from the Client that the process was correct or, failing that, ten days after the result was delivered to the Client.
Responsibility for the migrated data. The Client agrees at all times to be entitled to publish the content of the material migrated, this fact without infringing any rights to third parties, including Industrial Property and Intellectual Property rights and exonerating the Supplier of any responsibility in this regard.
The Client agrees to comply with existing rules on advertising, including those made electronically or online, as well as any other applicable regulation, and especially related to telecommunications, data protection, protection of consumer and user rights, honour, privacy and reputation rights, and protection of children and childhood, further undertake that the contents of the linked pages, by way of example and not limitation, is not an offense; not incite or promote criminal activity or against the law, morality or public order, or make available or allow access to services aimed at its perpetration; not include violent, pornographic, racist or discriminatory contents; not infringe the rules of Intellectual Property, Industrial Property and secret of communications.
The Client accepts to be solely responsible both for the purposes of this contract as well as third parties, of the migrated material content, both in terms of advertising level as well as to the images and/or text that information may contain.
Input/output of the migration process. The Client is in charge of providing an input “.sql.” file with the data to be migrated to WordPress. As a result of the migration process the Client will get another “.sql” file with the migrated data ready to be imported to WordPress. Import and export of the data can be contracted separately if the Client needs assistance with the process
No liability. Unless explicitly agreed otherwise, the “.sql” script generated by the migration process will remove existing content data in the WordPress installation of the Client. Tables storing the Client’s WordPress configuration will be preserved during the data import process. Tables not related to WordPress will also be preserved.
If the Client grants the Supplier access to their servers in order to assist the Client in the migration process, the Supplier will not be held responsible for any damage in the Client’s server’s files or configuration that happened during the period in which the Supplier had access.
Disagreement over results. In the event of disagreement over the results of the migration process, the quality analysis of them will be carried out in a default WordPress installation, that is, just after the product is downloaded and before any customization step.
The Supplier is not responsible for the effort required to adapt the migration process to other components, not included in to the standard version of WordPress, that the Client installed or customized.
Contractual resolution. Failure by the Client of any of its obligations under this contract is just cause for its termination, losing in this case the Client the price of the service, a price that the Supplier shall use in concept of damages.
However, the Supplier reserves the right to terminate unilaterally and without prior cause this contract in which case the Supplier must refund to the Client the amount of payment made, renouncing the Client to any compensation about this termination.
Legal regime. This contract has commercial character; there being no case in labour link between the Client and the Supplier staff that provides services specifically.
Jurisdiction and legislation applicable. This contract and its performance shall be governed by Spanish legislation. For all questions arising from the
interpretation or performance of this contract, the parties expressly submit to the jurisdiction of the Courts and Tribunals of Barcelona (Spain), waiving any privilege that may correspond.
