1. Subject

About this document

The following document collects all the information according to the General Terms of Use of the Docuten Platform (https://docuten.com/en). These conditions, regardless the stablished situations and arrangements in each case, constitute an agreement between you and Enxendra Technologies S.L. Docuten works as a website belonging to the group Enxendra Technologies S.L.

These general terms of use apply to any service supplied by Docuten.

The registration as an user and the employment of Docuten services involve the complete and undivided agreement of the Terms of Use. These will have legal validity regarding the contract signed between both parties in addition to any other condition that might appear in the website that are for application.

About the changes made to the following document

These General Term of Use can be modified at any moment via a reviewed publication in the Docuten website. The most actualized version will be eligible since the moment it was published. If the updated version of the general terms of use includes a significant change , we will notify our customers with at least thirty (30) days ahead via an email and a warning through the platform.

2. Services description

What is Docuten?

Docuten is a platform designed to supply the issue and receiving process of electronic invoices in compliance with the regulations in force. Docuten main features merge the invoice generation service and the digital signature process in its different formats, including conservation, direct access and confirmation.

Docuten performs as a trusted third party, referring to the data and declarations of intents of both parties, as it is stated in the article 25 of the legislation 34/2002 from the Information Society Services and Electronic Trade in Spain.

For further information about our services you can contact us at soporte@docuten.com/en

Who provides these Services?

Docuten is a web service property of Enxendra Technologies S.L. NIF number is B85630978. Social address, Copérnico Street, nº 3, 2nd floor, L.A-3, A Coruña. 15008. Spain.

Registered in the Companies and commercial registry in A Coruña, volume 3.384, book : archive, page 93, general section, sheet C-46.206. (Henceforth Enxendra).

3. Accounts

Requirements to have an account

To be entitled to use our services, the user must:

  • Be a natural person with at least eighteen years old and/or the legal capacity, or a legal person validly constituted under the laws to operate in the market.
  • Correctly and truthfully complete the registration process to open an account.

Open an account

To complete the registration process and open an account, the used has to :

  • Register all the mandatory field in each case and always cover the personal information like name, surname, email and password. The e-mail address and password allow the user to access to the account and use the services.
  • Accept our Terms of Use.

Account use cancel and restrictions

The user can cancel the account at anytime by sending an email to info@enxendra.com.

Docuten reserves the right to close any account or restrict it features, without any warning to the
User if there is any suspicion or findings from Enxendra that that specific account is being used for
illegal activities or negative to the regulations stablished between the User and Enxendra.

4. Authentication

For the user to access to the account and start using the Docuten services there is the need of authenticating the subscription trough some of these mechanisms:

  • Email address and password combination previously stablished during the register process. The user is responsible of the password custody and should contact ENXENDRA (by sending an email to info@enxendra.com) in the event of subtraction, leakage or inadequate use of the password by third parties. Otherwise, you will be responsible for the consequences the inadequate or fraudulent use of your password could cause.
  • Electronic certificate under the name of the account owner ( We will be checking NIF matches with the certificate).

5. Prices

Rates

ENXENDRA will charge the Client the current rates for service delivery, depending on the specific offer or modality the Client is subscribing to. These Rates could be monthly or annual, depending on the payment method chosen by the client.

The service rates can be incremented with the legally aplicable taxes. ENXENDRA can modify the suitable prices warning the client with a length period no shorter than fifteen calendar days. After the customer has been warned by Enxendra, the continuity with the services and Docuten platform will resolve the acknowledgement and acceptance of the new terms.

For more information about prices and service details offered by Docuten, you can reach out the Prices and Plans page of Docuten.

ENXENDRA charges a fee to all the customers depending in which plan are they subscribing for.

Monthly payment : Whenever the client subscribes to the monthly payment service, regarding any of the plans, the service will be charged in advance every month and there will be no refunds. There won’t be any refunds for partial periods or disuse of the platform.In no event there will be exceptions.

Yearly subscription : when an annual subscription is made, regarding the plan the client has subscribed to, the service will be charged in advance every month and there will be no refunds. There won’t be any refunds for partial periods or disuse of the platform.In no event there will be exceptions.

Docuten let you make payments via standard market methods to fulfill the fee service payment. You can make the payments via credit card or domiciled receipt under the owner’s bank account.

Billing Cycle: The subscription quote to Docuten’s services and any other charges that may be associated with your personal account and specific use of the platform, including taxes, will be billed monthly or yearly ,depending on the subscription method previously selected, the same pertinent calendar day your service enrollment started. In some specific cases, the billing date can change, for example, if the payment method hasn’t been correctly set up or if your subscription started in a day non existent in a specific month.

Payment method : You can change your payment method by visiting our website and clicking the option “Your Account”. If the payment method isn’t set up correctly, either because the experiment date has come or there are insufficient funds, as well as any other reason, and you don’t cancel your account or change your payment method, we have the right to cease you the access until we obtain a valid payment method. Once the payment method has been changed, you are authorizing us to bill you the most updated rate and you will be responsible for the amount not previously charged. This can cause a change on the billing date as well as some changes with the payment methods. The local taxes charges could change depending the payment method used. We encourage our customers to inquire your payment method provider about details.

Cancellation: You can cancel your Docuten subscription at any time. You will continue to have full access to the platform until the end of your billing period comes, either if it is annual or monthly. You can discover more about how to cancel your Docuten account in the FAQs.

6. Digital signature

The entrepreneur, professional or passive subject required to expedite de Client invoice, needs to declare that the receiver has authorized the passive subject to issue the invoices attached to the services provided or the goods sold via electronic services.

The origin authenticity guarantee and invoices content integrity that has been submitted through electronic channels can be verified by different process.

Using an electronic advanced signature according to the article 2.2 of the 1999/93/CE Directive of the European Council and Parlament, from the 13th of December of 1999, where it is stablished a community frame for the electronic signature, based in a recognized certificate created through a secure signature creating device, according to the sections 6 and 10 or the article 2 of the previously named Directive. You can also use a recognized certificate according to the references in the subsection 10 article 2 of the same regulation.

Docuten service allows you to fulfill the requirements needed for the Royal Decree and the EHA/962/2007 Warrant, from the 10th of April, where the dispositions about telematic invoicing and electronic invoice conversations are being displayed. Moreover in the 1496/2003 Royal Decree of the 28th of November, the invoicing obligation regulation was approved. That means, Customers will be able to incorporate the ownership of their own electronic signature issued through Docuten platform just using the fee service. However, if they decide to let ENXENDRA expedite the invoices under their name without having to purchase your own certificate, ENXENDRA will use its signature. which already unifies the requirements asked. On the second option, the following aspects are mandatory :

CONTRACTUAL CLAUSES:

The entrepreneur, professional or passive subject required to expedite de Client invoice, needs to declare that the receiver has authorized the passive subject to issue the invoices attached to the services provided or the goods sold via electronic services.

For the purposes of proceeding with the electronic invoicing shipment to the receiver, the client authorizes that, from agreement date to this particular document, ENXENDRA Technologies S.L., with social address in Copérnico Street Nº3, 2nd floor, A Coruña 15008, Spain and CIF B85630978 (From now on, Enxendra) is allowed to expedite the electronic invoices to the receiver so it can sign the documents via electronic signature under Enxendra ownership on behalf of the client.

It is declared and accepted that:

  • The client will be the responsible of all the obligations compliance that were stablished in the RDOF.
  • The client is the only direct responsible against the receiver and third parties, on behalf of the invoices sent by Enxendra.
  • The client is the only responsible of the valid and efficacy of the invoice, as well as for the veracity of the data introduced
  • Enxendra declares on the present agreement not acquiring any conservation and custody obligation with the client invoices referred to in the RDOF.
  • Enxendra doesn’t interfere in any of the electronic market operations , or any other type of operations made between the client and the receiver, stating that Enxendra won’t be responsible of the negotiations results, liquidated damages that could have been caused from the subject of their operations.
  • The incorporated or provided information by the Client, and in the case, the Receiver, related to the invoices content, is their own responsibility, with fully indemnity to Enxendra when related to possible mistakes, inaccuracies or any possible failures, including possible virus included on the exchanged information.
  • The relationship between the Client and Enxendra is produced inside the networking environment of legal entities, and not around natural people, with the consequences this might cause implementing the Personal data protection regulation.
  • The client revocation over the invoice expedition could be done at any moment, previous authentic notification during a period of time any shorter to 30 days to Enxendra.

7. DATA PROTECTION / SECURITY

According to the in force legislation about data protection and in anticipation of the future application to the General Data Protection for Europe Regulation, we inform you that your information and personal data will be treated with files managed for Enxendra Technologies S.L. NIF. B85630978, Social address; Copérnico Street nº3, 2nd floor, A Coruña 15008, Spain.

With this treatment aim, we are looking forward to offer our clients the service they are asking for while managing clients and relationships with those who are interested, as well as communicating news and existing and upcoming changes. That information will be saved until the business relationship ends, and won’t be removed for four years unless the removal is requested by the affected after the most recent confirmation of general interest.

Furthermore, data could be locked and conserved according to the legal provisions. Related to comercial communications and focusing on the decree 34/2002 from the 11th of July, which relates to the social information and electronic trade services that Enxendra reserves the right to communicate with the party interested through email or any other communication channel. However, the interested party can repeal at anytime the permission given to the commercial communication reception simply notifying to the sender.

Enxendra is duly entitled to treat your data by both the agreement to these present conditions, and by the execution of the mercantile relationship that could exist between Enxendra and our customers while sending and receiving electronic invoices.

What are your rights when providing us your information?

  1. Right to request any rectification or suppression
  2. Right to request any treatment limitation
  3. Right to refuse the specific treatment
  4. Right to the portability of data

Any interested party could exercise their rights by requesting it to info@enxendra.com

Relating to the situation where the customer requests the limitation of the data usage, Enxendra will have to grant the request, unless compelling legitimate grounds or the defense exercise of potential claims, being able to save that information if the data is blocked.

Data origin. Besides the following information hereafter prescribed, the data to be treated has been directly provided by the interested party.

Data categories are the following:

  • Personal information and identification.
  • Key codes and identification passwords.
  • Electronic and postal address.
  • Economic indicators.

Enxendra reserves the right to monitor and save records of the usage made by the users of the service and it’s content, as well as the advanced searched records , IP informations and possible investigations related to any of the Terms of Use violation. Enxendra can cancel the access to the platform at anytime if there were detected suspicious and incorrect behaviors regarding to these Terms of Use.

The customer and interested party expressly understands and agrees with their personal data processing according with the conditions and expenses previously expressed and aplicable to the in force legislation. The interested party expressly authorizes the data publication in the Docuten pages.

Refusal of such data suppliance or treatment will restrain the subscription to the indicated services.

These information won’t be provided to third parties unless situations expressed on the data protection legislation. Relating to the data we are allowed to treat from our clients.

According with the information declared in the Organic law 15/1999, from the 13th of December, regarding to Personal Information protection, we can find under the article number 12 that Enxendra will be considered the entitled party in terms of the data processing part of the user, only processing the information according to the user instructions reflected in this agreement and won’t apply or use them for different purposes that the ones previously indicated as well as neither will communicate or conserve them for third parties.

Enxendra commits to adopt and implement the security technical solutions stated in the article 9 of the Organic Law 15/1999 from the thirteen of December about personal data protection and specifically to the ones stablished on a basic level for the Royal Decree 1720/2007 from the twenty first of December for data and automated files regards the present contract.

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Once the service suppliance has been agreed on terms, all the personal documents that are in no need to be used anymore, will be destroyed or returned to the client from Enxendra. There will also be included under this treatment, any support or document where is clouded any personal data being processed.

All the parties recognize to be fully informed and consent the personal data reflected in this contract to be incorporated to the corresponding files for each party, with fully intentions of correctly fulfilling it, send the regarding documentation and saving the historical files.

8. Intelectual and industrial property

All the applications and informatics programs that make Docuten possible, including the web designing process, and their database (excluding themes and document models), navigation systems, texts, pictures, animations, logos and names, are fully owned by Enxendra or, when it is indicated, they belong to third parties and are completely protected under the intelectual and industrial property laws and legislations.

It remains banned every reproduction, transformation and distribution of any of these contents, as well as any decompiling or inverse engineering, out of seen, reproduction or document edition inside Docuten platform. Under any circumstance will be permitted the extraction, reuse and exploration of the previously named contents when they conflict with normal exploitation of the resources, especially their commercial or promotional use for services not concerning to Docuten or any action that might prejudice the moral rights of Docuten users.

9. Guarantees and responsibilities

About general Docuten operation

Enxendra guarantees the correct operation of the system respecting to programming mistakes, compilation, major and repetitive design troubles, as well as being responsible for the information custody saved within its servers, responding to the legal bounds stated in the Spanish legislation. Excluded from this issues are those liquidated damages that have been caused by accident, misuse, not allowed or unforeseen actions and any other direct, indirect, consequential, incidental, or special damages , including any enunciative but not limitative issue, emerging damage and loss of profits, work interruption, breakdown, failure or losses and those caused because of any their parties reclamations.

Enxendra won’t accept the responsibility for direct or indirect abnormal functioning, failures,
mistakes and damages that might be caused to the informatics system of the user or the files and
documents saved for the following reasons:

  • 1. The capacity or quality of your own personal informatics system or any virus you could have in the user computer that is being used to access or use the services and hired products.
  • 2. The Internet connection.
  • 3. Search Tools problems or other bad functioning installed applications, or outdated versions or without proper licenses.

About Docuten’s content use

Enxendra limits to provide a platform with the elements, applications and functionalities described hereafter.

Under any circumstance, Enxendra will respond for the quality, reliability and provided data adaptation for platform users and third parties, as well as for the infraction of the intelectual or industrial property rights, trading secrets and personal information, intimacy vulnerability, or any other citizens, administrative or criminal violation that could have been committed through some of the contents, unless this have been communicated through a firm court decision and a block or withdrawal haven’t been requested or done.

Enxendra won’t respond for the documents and contracts out of the Docuten service, as well as the legal business and operations intervening parties could have reached.

10. Service actualization and maintenance

Enxendra reserves the right to realize, at any time, modifications and actualizations to the service delivery. Modifications and actualizations can be applied to any content, configuration, disposability and informative presentation, as well as to this present Terms of Use, without causing any harm to the acquired rights. Enxendra is allowed to suspend temporarily its services to proceed with maintenance services and improvements, without corresponding a claim or complaint request under this reasons for the direct or indirect damages from acts deriving therefrom.

11. Applicable Law

The present conditions will be applied and interpreted to any term conforming to the Spanish legislation and under its effect, the European Union regulation. Accepting these laws, the user, resigns to any forum that may correspond, besides the situations where thorugh the Law Ministry isn’t possible, and commits to the jurisdiction and competence of the courts and tribunals of the city of A Coruña for the solution of the the conflicts presented relating to conditions and terms of use between Docuten platform and the client.