Terms and conditions

Legal information

In compliance with the duty of information contained in article 10 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce and, in compliance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data, we inform you that this website (in hereinafter, the website) belongs to HÉCTOR ESTEBAN ALONSO GHISOLFI, with ID. 26772111L in the name and on behalf of T-ONE, and with registered office at Avenida de la Telefónica 8 29630 Benalmádena - Málaga

These Terms of Use govern the access and use of the website accessible through the domain name www.toneads.net and its subdomains (hereinafter, "the Website"), in order to use the services through the same.

The website is intended to facilitate the transfer of services for advertising purposes, and to any other type of user or visitor, offering them the possibility of carrying out commercial, data, and knowledge transactions in the environment of the Website. In order to use or access the services provided on the website.

The use of the Website implies acceptance of all the terms included in these Terms of Use. How many users, visitors or anyone who uses the service should read carefully each time they access the Website or sign up for the service, since it may undergo modifications or add any new functionality, aimed at improving the service in course, including the launch of new tools or resources.

In addition, we recommend reading the other web legal texts, including the Privacy Policy, the Legal Notice and the Cookies Policy.

Rules of use of the Website

The user undertakes to use the Website and all its content and services in accordance with the provisions of the law, morality, and in these Terms of Use, refraining from damaging, disabling, overloading or deteriorating the Website and its services or prevent the normal use or enjoyment of these by other Users or third parties.

Likewise, it is obliged to make appropriate use of the services and / or contents of the Website and not to use them to carry out illegal or criminal activities, which violate the rights of third parties and / or infringe the regulation on intellectual and industrial property, or any other rules of the applicable legal system.

The violation of any of the conditions described below will determine the cancellation of the user's account. In addition, users accepting the terms undertake not to use the T-ONE service for any other purpose not authorized by its Responsible.

T-ONE guarantees the confidentiality of all the information that is issued to it, committing itself not to make use of it, outside the limits of the normal operation required by the online platform.

User acceptance

These terms and conditions regulate the contracting of the services that the company makes available to users and visitors who use or access the services of T-ONE. By requesting the aforementioned contracting of the services offered through the website, they agree to be bound by these conditions. If they do not agree with them, both users and visitors must refrain from contracting or contacting the services offered therein through the website. Before contracting any of the Services offered, read carefully the Contract Conditions that regulate the provision of the Service you want, including the technical, operational and functional characteristics of the Service, as well as the applicable rates in each case.

For any additional information or clarification regarding the content of the Contract Conditions, do not hesitate to contact us, before proceeding with the Contract.

The user and visitor is informed, and accepts, that the acceptance of these conditions is necessary for contracting and / or consultation and, therefore, for the development of the commercial relationship with the website.

Likewise, the user and visitor understand that the nullity of one of the clauses of these terms and conditions does not imply the invalidity of the others or the nullity of the contract signed between the company and the user.

The website is mainly aimed at users residing in Spain and therefore in accordance with Regulation (EU) 2016/679 on data protection (RGPD). The company does not ensure that the website complies with the laws of other countries, either totally or partially. Being this of application in the European scope.

Purpose and Scope of Contract

Object

The Conditions of Contract purpose is to regulate the contractual terms for the provision of the Services and the consideration due by the Client to T-ONE, as well as the use of the Service by the latter. The provision of the Services will be carried out through the obtaining, provision, organization, employment and management by T-ONE of the technical, human and operational resources necessary for this purpose and, always and in any case, as consideration to the prices in force at all times.

Ambit

T-ONE can provide its Clients with access to a wide range of online resources of different types, registration services and communication services, unless expressly stated otherwise, all the Services offered by T-ONE will be governed by the Conditions of Hiring listed here.

Hiring

Subjective requirements

Services may be hired by individuals, of legal age, or legal entities. In the case of a legal person, the request for the Services must be carried out by a duly authorized attorney or legal representative of the company. In the case of natural persons, they must be of legal age and contract in their own name.

Application Data

The applicant is responsible for ensuring that both the data included in the Contract through the T-ONE website, as well as other data related to the registration process, are true and accurate, committing to communicate to T-ONE, as soon as possible, all those changes related to them and, especially, those that refer to the information necessary for the proper maintenance and management of the provision of the contracted Services, including, for example, the email address, the address, and the data of Payment Methods. The Client may modify the data provided through the Client Control Panel at any time by identifying herself with her username and password.

Denial

T-ONE reserves the right to accept or reject any Contract, as long as: (a) it verifies that the data provided is contrary to the truth and / or inaccurate; (b) consider that the request made: (i) does not comply with the terms set forth in the Contract Conditions and / or (ii) damages or could damage the corporate image of T-ONE or was contrary to the commercial purposes pursued by the same; and / or (c) has pending payment of a Service previously contracted with T-ONE. The denial of the provision of the Services will be made by email or postal mail to the addresses provided in the Contract, justifying the reason for the same. The applicant whose request has been rejected by T-ONE may request the services again, as long as the reasons that have led to their non-admission have been duly corrected or eliminated.

Acceptance

It will be understood that a Contract has been accepted when the applicant receives a confirmation of acceptance from T-ONE or when it activates the contracted Service.

Registration Procedure

The user will contact T-ONE through the contact form on the website at https://www.toneads.net/#contact, or through T-ONE's telephone contacts and / or emails, to request more information about the service provided through the T-One platform, both from advertisers and from owners or those responsible for marketing advertising space in any type of support.

In the event that the interested client expresses his interest in registering on our platform to access the service, a registration url will be sent depending on whether it is an Advertiser or a Medium together with the detailed information to make the corresponding payment of the chosen license.

https://www.toneads.net/agency/register/

https://www.toneads.net/support/register/

When the client enters the registration url, they must complete the data mentioned below, which will be used to generate their access codes to the platform. In this form you must complete, Name and Surname, Company to which it belongs, email (which will be your access user), contact telephone number, a password and password confirmation. There you will accept the Terms and Conditions and that information will be received by T-ONE in the administration panel through which access will be confirmed. At that time, you will be notified by email that you already have access to the platform to start using it.

The password chosen in the registry may be changed by the user once they log in with the indicated credentials.

Subscribers and licenses

The Services that are billed through subscriptions ("Subscription / s" / "License"). "). Each Subscription / License consists of 2 parts, a) a fixed amount, and b) a variable amount as specified in the URL pricing specifications https://www.toneads.net/#agencyPricing and https://www.toneads.net/#supportPricing. The fixed amount will be billed annually in advance, while the variable amount will be billed per quarter due.

The duration of each Subscription / License will be 12 months. At the end of said 12-month period, your Subscription / License will be automatically renewed under the same conditions unless you cancel it as indicated in the paragraph of "Subscription Cancellation" of these "Terms and Conditions" or that T-ONE cancel for non-compliance reasons.

To process the payment of your Subscription / License you must provide T-ONE with correct and complete billing information such as your full name, address, company, postal code, telephone number and valid payment information. By providing such payment information, you are automatically authorizing T-ONE to bill you for all subscription fees incurred through your account using those payment methods.

If the automatic billing does not occur for any reason, T-ONE will issue an electronic invoice in which it will indicate that you must carry out this procedure manually within certain deadlines and in which the payment corresponding to that billing Cycle will be specified, always and when you have given us your consent for its issuance.

Billing

The billing of the Services will start from the day on which T-ONE communicates to the Client the activation of the contracted Service. The billing for the Services will be formulated at the cost of the Client, in accordance with the prices set and with the corresponding price revisions that may be applicable.

The Services will be billed: (a) in advance in the case of the fixed cost (b) quarterly due, once the case of payment fees for use or consumption has been measured. Any reimbursable expense, technical support service provided, or excess not initially included in the Conditions of Contract will be charged to an invoice after the period in which it occurred and in accordance with the current price list.

The invoices for the provision of the Services will include the applicable indirect taxes, deducting all those amounts on which T-ONE has the obligation to withhold and pay the Client's account.

If, after thirty (30) days from the issuance of the invoices, the Client does not manifest, by any means that proves its receipt, his disagreement with the content of the same, it will be understood that said invoices are correct, T-ONE not accepting any claim after this period.

The Client gives her express consent for T-ONE to make the invoices available to her electronically and electronically. The Client may at any time exercise her right to receive paper invoices, by writing to T-ONE.

Way to pay

Unless otherwise indicated in the Contract Conditions, the Client will make the payment within fifteen (15) days after the invoice is issued, through the agreed means of payment.

T-ONE may totally or partially suspend the Services, as well as deny the Client access to the platform due to late payment.

Likewise, the delay in payment for a period greater than 1 month or the temporary suspension of services on two occasions due to late payment, will entitle T-ONE to the definitive interruption of services and the corresponding termination of the contract, prior notification 15 working days in advance, being able to request, where appropriate, the payment of damages that may be incurred as a result of its breach.

However, to the foregoing, any invoice due and pending payment may accrue, from the date it should have been paid, default interest at the legal reference rate plus two (2) percentage points. Bank returns of promissory notes, stubs and drafts may accrue non-payment expenses of 3% of the total amount returned, as well as the corresponding default interest described above.

In the event that the Client does not specify the Service for which the payment is made, T-ONE will be authorized to apply the amounts paid, on behalf of any of the Services contracted by the Client, insofar as this is necessary to the total or partial extinction of any debt contracted with T-ONE for the provision of the same. Non-payment by the Client will empower T-ONE, upon request, to communicate this point to the information services on equity and credit solvency, in accordance with the provisions of the applicable regulations.

Price changes

T-ONE may, at its discretion and at any time, modify the Subscription or license fees. Any change 

of the fees for said Subscription will take effect at the end of the current Billing Cycle. However, T-ONE will notify you sufficiently in advance of any modification in the Subscription fees to give you the opportunity to terminate your Subscription before such modifications become effective.

The prices for Subscription / License, characteristics, promotions, bonuses and everything related to what is included in the contracting of each license in particular, are published at the following URLs https://www.toneads.net/#agencyPricing and https: //www.toneads.net/#supportPricing

A continued use of the Service after the entry into force of the modified Subscription fee, implies an implicit acceptance of the payment of said amount.

Subscription duration and automatic renewal

The Subscription / License will have a duration of 12 consecutive months. Said period appears on the Website and defines the duration of the subscription, and therefore, the Subscriber's contractual subjection to these Conditions.

Notwithstanding the foregoing, at the end of the period of duration, the subscription will be renewed automatically, for periods of the same duration unless the Subscriber communicates to T-ONE his wish not to renew it, at least 30 days in advance. as of the renewal date.

Subscription cancellation

The Subscriber may proceed to unilaterally cancel the subscription contracted at any time during its term. Said cancellation will not imply, in any case, the reimbursement of the amounts that the Subscriber had paid as consideration for the subscription of T-ONE, these amounts being non-refundable.

To request the cancellation of the subscription, the Subscriber must communicate her request clearly and unequivocally to the following e-mail; info@toneads.net

Access keys

Users will choose and indicate their own access codes (email and password). The only criterion used for this purpose is the lack of previous access codes that are identical to those chosen by the Users, as well as a minimum number of characters required, trying to make it difficult to access for greater security.

When you create an account with us, you must provide us with accurate, complete and current information at all times and it is true; your full name, email, mobile phone number, company and any other requested information necessary for the conclusion of the registration process for the web platform. Otherwise, you would be violating these Terms, which could lead to the immediate closure of your account on our Services. And automated registration methods will not be supported.

The Users undertake to make diligent use of the access codes; not to make them available to third parties and to notify T-ONE, as soon as possible, of the loss or theft thereof, as well as any risk of access to them by a third party.

The use of a username that contains the name of another person or entity that is not legally available is prohibited; the use of a name or registered trademark that is subject to rights over which the user does not have authorization; or the use of offensive, vulgar or obscene names. T-ONE reserves the right to edit any parameter of your account to adapt it to good practices.

Each user is responsible for the content and for the activities carried out through their account. T-ONE will not be responsible, before the user or third parties, for possible damages resulting from false statements or fraudulent acts practiced by the user.

Content

Our platform allows you to publish, link, store, share and, in any case, make available certain information, text, graphic material, videos or other material ("Content"). You are responsible for the Content you post on the Service, including its legality, reliability, and relevance.

By posting Content on the Website, you are granting us the right to use, modify, publicly display, reproduce, and distribute it on and through the Service. You will retain all rights to the content you submit, post, or display on and through the Service, and you will be responsible for protecting those rights. By accepting these terms and conditions, you agree to give us the right to make your content available to other users interested in the service in order to create commercial synergies between the parties, who will have the possibility of using it. Terms are always subject.

You ensure that: 1) the Content is your property or that you have the right to use it, and that you assign your rights and authorization to us as provided in these Terms, and that 2) the publication of your content on or by the Service will not violates the right to privacy, publicity or authorship, rights 

contractual or any other rights of other persons or third parties.

T-ONE may close or suspend your account on the web platform, immediately if it considers that you have violated these terms and conditions or for any other reason that is contrary to these policies, without the need for prior notification and without assuming any type of responsibility. about. This fact will entail the right to access the service.

Exclusion of guarantees and responsibility

T-ONE does not guarantee the availability and continuity of the operation of the Website or its services or that it will be available at any time and from any location. When reasonably possible, T-ONE will give prior notice of interruptions in the operation of the Website and its services, but does not guarantee that errors and defects will be corrected. Nor will it guarantee the usefulness of the Website and its services for the performance of any particular activity, nor its infallibility and, in particular, although not exclusively, that Users can effectively use the Website and its services, access to the different pages that make up the Website or those from which the services are provided. In short, it is not responsible for the fact that the platform services meet your expectations.

The data contained in the information sheet of each company, entity, agency, or any other advertiser, has been provided by them, with which T-ONE is not responsible for inaccuracies, errors or any other circumstance that does not reflect the reality or the quality of the service to be provided. With the limits established by law, T-ONE does not assume any responsibility derived from the lack of veracity, integrity, updating and precision of the data or information contained on the Website and therefore on its platform.

The use of the service is at your own risk. User access to the Website does not imply for T-ONE the obligation to control the absence of viruses or any other harmful computer element. It corresponds to the User, in any case, the availability of adequate tools for the detection and disinfection of harmful computer programs for their system.

Likewise, T-ONE will not be responsible or any of its team members, under any circumstances, for any indirect, accidental, special, causal or punitive damage, including loss of benefits, information, utility, benevolence and other intangible losses that have occurred due to (i) your access, use or inability to access or use the Service; (ii) any behavior or content contributed by a third party to the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or modification of its broadcasts or contents, even if they are supported by a guarantee, contract, tort (negligence included) or any other legal theory, and regardless of whether or not they have been informed of the possibility of such damages, even if it is shown that the web platform acted diligently.

Use of the platform by Clients and conditions of use of the platform itself.

On the basis of the commercial relationship with T-ONE and in accordance with the provisions of Regulation (EU) No. 2016/679, General Data Protection, where both parties, both the advertisers who expose their commercial needs, and the providers of advertising and content media, who offer their services in order to meet said demand, undertake to keep strict confidentiality and secrecy regarding all information, data and results that are accessed or obtained by reason of providing and / or contract the services and therefore when collaborating with each other, including information on the company, its clients, market strategies, inquiries, evaluations, budgets, agreements, etc ... except for information that is in the public domain or for which express authorization is required.

Likewise, the duty of secrecy and confidentiality will be maintained even after the termination of the commercial relationship between the parties, temporarily, regardless of the cause that produced it. Or even if this does not finally occur for any reason alleged by one of the parties and beyond T-ONE.

In the same way, all intellectual and industrial property rights are the exclusive property of each of the companies and / or entities subscribed on the T-ONE web platform. In this way, the registration protection, publication or dissemination by any means of the work or industrial property object, will require the express consent of the company in question. T-ONE will not be responsible for the actions carried out by subscribers if such consent is not requested and 

between both parties as required by law and if the confidentiality agreement is not maintained.

T-ONE reserves the right to cancel the account of the user / subscriber at any time, as well as not to reimburse it, when it is verified through its control mechanisms that these Terms of Use have not been respected or that carried out the commercial and / or contractual relationship of the services between the parties externally and outside the T-ONE platform, this being necessary to carry out the collaboration and the provision of services.

Linked through the Website

The access service to the Website may include links to third party web pages, directories or services (hereinafter, "Linked Sites"). They are not owned or controlled by T-ONE. In these cases, the WEB site does not assume any responsibility or have any type of control over the content, privacy policies or practices of any web page or service dependent on third parties.

Through these terms, you are accepting and acknowledging that T-ONE will not be responsible, either directly or indirectly, for any damage or loss caused or presumed caused by or in relation to the use or trust placed in such content, goods or services available through those web pages or services.

Privacy Policy

Likewise, it is reported that the personal data provided by accepting these Terms and Conditions will form part of a Record of Treatment Activity responsibility of the company, and that these will be treated for the purposes described in this document and will be kept only while the contractual relationship that is the object of the contract lasts, with the sole objective of complying with the legal and tax obligations arising from the transaction. Always under the appropriate security measures for the treatment and in accordance with the provisions of the Regulation (EU) on data protection. The processing of information on user access and user interaction may also be carried out. The company may use the personal information that these tools provide in a separate way for commercial and promotional purposes, such as the preparation of statistics or the improvement of navigation. Likewise, it is reported that you may withdraw your consent at any time and exercise the rights of access, rectification, deletion, portability, limitation and opposition by electronic communication to the following email address: info@toneads.net

Right of withdrawal

All Subscribers who have the status of consumers and users, according to Law 3/2014, which modifies Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, will have the right to withdraw from the subscription contracted within a period of fourteen 14 calendar days from when the Subscriber obtained the registration access to enjoy the contents of their subscription on the web platform. If it is not carried out, you could cancel your renewal at any time and with prior notice to T-ONE.

To exercise the right of withdrawal, the Subscribers must notify T-ONE through a statement stating their desire to withdraw clearly and unequivocally, to the indicated email address: info@toneads.net

Reservation of the right to modify these terms and conditions

The Responsible Party reserves the right to modify these terms and conditions to adapt them to any changes or new regulations, for technical reasons, for changes in the services offered by the company or for strategic decisions of the company. In these cases, the changes that are going to occur in the data protection policy will be communicated via email, with reasonable advance, and from when they will begin to have full effect.

Any modifications will not affect contracts already concluded.

Applicable legislation and competent jurisdiction

Any aspect related to these Terms of Use and this website are subject to Spanish legislation and to the Courts and Tribunals of Málaga (Spain).

However, in those cases in which the user is considered a consumer, as established in article 3 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users, T-ONE will expressly submit to the jurisdiction of the courts that are competent according to the legislation in force at all times.

Contact us

For any questions that the user may have in relation to this document or any other legal documents, you can contact the company at the following email address: info@toneads.net