Terms and Conditions

This document describes the Terms and Conditions that govern the contracting and use of the Software hereinafter the "SOFTWARE" and other related Services hereinafter the "SERVICE" or "SERVICES" offered by FacilControl hereinafter the "PROVIDER" provided to the contractor hereinafter the "CLIENT" hosted on web servers contracted by the PROVIDER.

1) CAPACITY

The SERVICES are only available to persons who have legal capacity to contract. Persons who do not have such capacity, minors, or those declared incapacitated or interdicted in accordance with current legislation may not use the SERVICES.

2) CLIENT OBLIGATIONS

Use the SERVICES in accordance with current regulations and laws. In the event that the SERVICES are used by third parties, it will be the exclusive responsibility of the CLIENT to specify that such SERVICES must be used according to current regulations and laws. The CLIENT will be solely responsible for all operations carried out through the contracted SOFTWARE and/or SERVICE.

3) MODIFICATIONS TO TERMS AND CONDITIONS

The PROVIDER may modify the Terms and Conditions at any time, making them public on the Site. All modified terms will come into effect 5 (five) calendar days from their publication on the Site. Within 5 (five) calendar days following the publication of the introduced modifications, the CLIENT must communicate via email if they do not accept them; in that case, the contractual relationship will be dissolved. After this period, it will be considered that the CLIENT accepts the new terms and the contract will continue to bind the parties.

4) CONTRACT OBJECT AND SOFTWARE AND/OR SERVICE GENERALITIES

The PROVIDER provides a SERVICE by which the CLIENT may use the SOFTWARE specified in the contract in accordance with these Terms and Conditions and based on payment of a price based on its use and number of users.

The CLIENT understands and accepts that the PROVIDER provides a product based on "Software as a Service" or "SaaS", which consists of an online Software distribution model where the PROVIDER provides web hosting, use, maintenance, technical operation, and assistance for the use of the SOFTWARE provided to the CLIENT in exchange for payment of a price according to the plans established in the contract.

The PROVIDER provides the SOFTWARE and all described SERVICES as they are, without offering any affirmation or warranty of any kind, neither explicit nor implicit, nor statutory nor any other, regarding the PROVIDER.

5) SCOPE AND LIMITS OF SOFTWARE AND SERVICES

The SOFTWARE implementation will be carried out by the PROVIDER once: i) the present Terms and Conditions have been accepted, and ii) when the CLIENT has made the advance payment for the contract.

The SERVICES and use of the SOFTWARE are for temporary, non-exclusive, and non-transferable use in accordance with what is set forth in these Terms and Conditions.

The SOFTWARE and/or SERVICES subject to this Terms and Conditions agreement may only be used by the CLIENT, being expressly prohibited to transfer, rent, or sell their use, or perform any other act of disposition different from what is expressly authorized, whether temporarily or permanently, free or for consideration.

6) PRICES, PLANS AND PAYMENT METHOD

Payments must be made between the 1st and 10th of each month in advance. If no response is received from the CLIENT, within the following 5 days the PROVIDER will send by email the "Deactivation Notice" giving the CLIENT 48 more hours to make the payment. In the event that the CLIENT within the payment period has not communicated payment of the SERVICE, the PROVIDER will proceed to disable the account.

7) ENTRY INTO FORCE, DURATION AND EXTENSION

The contract will come into force when the following requirements are met: i) Once the CLIENT has accepted these Terms and Conditions, ii) When the CLIENT has the possibility to access the use of the SOFTWARE and SERVICES established in the product contract, receiving access instructions, username and security password.

8) SERVICE TERMINATION OR CANCELLATION

The SERVICE will end when, in addition to the legally established causes and those provided in the different clauses of these Terms and Conditions, any of the following occurs:

9) RECOVERY OF CLIENT INFORMATION, DOCUMENTS AND FILES

In any case of resolution, termination, rescission, cancellation or completion of the contract for any legal reason or for those stipulated in these Terms and Conditions, the Provider will provide a period of 15 calendar days for the CLIENT to recover all information and other data or files that have been stored or saved during the validity and use of the SOFTWARE and/or SERVICE.

10) PROVIDER OBLIGATION IN DATA CONFIDENTIALITY AND SECURITY

All commercial information, understood as such: data, files, documents, photographs, images, commercial documents, commercial businesses, operations and financial, accounting, legal, administrative condition of another nature that includes financial statements, operational history, financial projections, commercial and marketing plans, customer information, databases, contracts related to its object, compilations and development information, studies and other documents prepared by legal advisors, accountants or other representatives or third parties, information of its partners or shareholders that the CLIENT and/or User stores or sends to the Server contracted by the PROVIDER through the use of the SOFTWARE and/or SERVICE, IS CONSIDERED CONFIDENTIAL INFORMATION AND EXCLUSIVE PROPERTY OF THE CLIENT.

11) PROVIDER OBLIGATIONS AND RESPONSIBILITIES

In its relations with the CLIENT, the PROVIDER will act with due diligence in the use of its commercial activity, loyally and in good faith.

12) CLIENT OBLIGATIONS AND RESPONSIBILITY

The CLIENT must comply with all the Terms and Conditions of this contract in the exercise of their personal, domestic and professional activity, and must also act loyally and in good faith.

13) SYSTEM FAILURES

The PROVIDER is not responsible for any damage, harm or loss that the CLIENT may have and that is caused by failures in the SOFTWARE, in the SERVICE, in the Servers, in the Internet network and/or in the site hosted on the servers contracted by the PROVIDER.

14) INDEMNITY

The CLIENT will indemnify and hold harmless the PROVIDER, its affiliates, controlled and/or controlling companies, directors, administrators, representatives and employees, for any claim or demand from other CLIENTS and/or Users or third parties for their activities through the SOFTWARE.

15) WARRANTY AND LIABILITY LIMITATION

Under no circumstances will the PROVIDER, nor the managers and senior positions, administrators, shareholders, agents or dependent workers of it or contracted by the PROVIDER incur any liability for cause directly or indirectly related to the use that the CLIENT makes of the SOFTWARE.

16) FORCE MAJEURE

The PROVIDER, the CLIENT and/or User will not be responsible for non-compliance with obligations derived from the Terms and Conditions, and therefore, there will be no right to compensation when such non-compliance is due to Force Majeure or Fortuitous Case causes.

17) NULLITY

If any stipulation of these Terms and Conditions were declared null or without effect, in whole or in part, by any competent court or administrative authority, the remaining stipulations will retain their validity, unless the parties discretionally decide to terminate the contractual relationship.

18) JURISDICTION AND APPLICABLE LAW

These Terms and Conditions will be governed in all their points by the laws in force in the Republic of Ecuador.

Any controversy arising from these Terms and Conditions, their existence, validity, interpretation, scope or compliance, will be submitted to the competence of the ordinary Courts and Tribunals of the City of Santo Domingo de los Tsáchilas.

19) QUESTIONS OR INQUIRIES

If you have any questions or inquiries about the Terms and Conditions or other policies that govern the use of the SOFTWARE, related SERVICES, you can contact us through: support@facilcontrol.com or visit our website.