SCOPE, OBJECT AND LEGITIMACY OF ACCESS
1.1 Vortal - Comércio Electrónico, Consultadoria e Multimédia, S.A. with the Portuguese identification number 505141019, as well as Vortal Connecting Business SL with the Spanish identification number A85765469, or any other company owned by Vortal, SGPS, S.A. with the Portuguese tax identification number 509963404 (henceforth designated as “VORTAL”), is a company that manages e-procurement platforms and others platforms related with business that are internet accessed (henceforth designated as “PLATFORM” or “PLATFORMS”) - directed to individuals and collectives entities, namely public, private and other entities (henceforth designated as “CUSTOMER” or “CUSTOMERS”) that provide business integration services and are owned by VORTAL, which holds all rights and all licenses, including the intellectual property rights, over these PLATFORMS that will be used and accessed by the USERS.
1.2 By business integration services are meant the solutions provided by the PLATFORMS to the CUSTOMER by which one can customize access, insert a logo or otherwise highlight or consult available information, namely concerning processes, procedures, contests, works and projects in progress, share information and assume the position of buyer, seller or provider on the PLATFORM, but not including:
a) The possibility that VORTAL be a party to any contract or commercial transaction established between the CUSTOMER and third parties or users, even if the latter may also be VORTAL customers;
b) The internet access, including its type, form and equipment’s access;
c) The possession of or any rights or obligations with respect to any goods or services that may be the object of commercial transactions by the CUSTOMER on the PLATFORM.
1.3 The PLATFORM adhesion and these General Conditions of Access (as well as others general conditions applicable or agreed) are established with the register in the service.
1.3.1 Therefore, each CUSTOMER and USER, when registering or accessing the service in its first use, should read in its integrity the applicable conditions and expressly declare that read, understood and accepted the meaning and range of the present General Conditions of Access as well any particular conditions that may be applicable, including explicitly the consent of personal data treatment necessary for the contract execution, for the management of contractual relationship and for the PLATFORMS use.
1.4 The CUSTOMER shall identify in the Contract/Register/Application Form (as applicable) a preferred VORTAL contact person to represent the CUSTOMER in all situations related to the aims of this contract and also be responsible for administrative, technical and financial matters related to use of the PLATFORM, as well as the management of users (acceptance of new users on the company account) and updating company and user data.
1.4.1 In the absence of confirmation of the representative as referenced in the previous item, the first registered user shall be considered the preferred VORTAL contact person.
1.4.2 Where applicable the responsible user can configure access segregation for the remaining company users and is also responsible for this management.
1.5 Legitimate access to the various services available on the electronic platform requires the use of a user name (identification) and an access password defined by the CUSTOMER and/or USER, according to the password definition policy, this being the CUSTOMERS and USERS responsibility, although we recommend the setting of a strong password, by following the security guidelines below:
a) At least 8 characters.
b) It does not contain the user name, the real name or the company name.
c) It does not contain a whole word.
d) It is significantly different to the previous passwords.
e) It is alphanumeric and includes special characters.
1.6 For monitoring of the timing of acts, which, under countries jurisdiction where VORTAL operates, must be undertaken within a determined period guaranteed by a timestamping service, the PLATFORM will affix timestamps, and when legally demanded these will be issued by an external entity certified for provision of qualified chronological validation services.
RIGHTS AND OBLIGATIONS
2.1 VORTAL’s obligations toward the CUSTOMER and USER are:
a) Providing such information as necessary regarding the technical requirements and conditions for accessing the subscribed service(s);
b) Providing the necessary technological conditions for the CUSTOMER, while using the PLATFORM, be autonomous on consulting, buying, selling or using the services subscribed in the present contract;
c) Adopting a communication security and confidentiality policy, limiting access to the PLATFORM services through identification and authentication procedures;
d) Adopting security measures to prevent the destruction, loss, modification, accidental or unauthorized access or dissemination of the information;
e) Maintaining accessible on the PLATFORM the information regarding the Information Security Management Policy approved and practiced by VORTAL.
f) Enable digital authentication through authentication certificates when available and requested, for exclusive use on its PLATFORMS and limited for authentication purposes.
g) Comply with all the applicable legislation on European and National level where VORTAL operates;
h) Not forwarding a call to phone numbers which imply additional costs to the USER or CUSTOMER, in case of phone support, unless its duly informed about the additional costs and explicitly agrees;
i) Allow at least 5 login attempts to the PLATFORM with username and password. After failing these 5 attempts, the USER account gets locked and an email will be sent to the email address that is related with that USER, in order to unlock the access;
j) Guarantee, whenever possible, the capacity to allow the data exchange between different formats and applications/systems or between different levels of performance;
k) To be based, whenever possible, on open norms pursuant that do not involve specific licensing costs by the USERS and CUSTOMERS, and also making available all the applications that allow the upload of documents in the PLATFORM;
l) Enable technical requirements and a configuration list, that its USER of the PLATFORMs must endow;
2.2 CUSTOMER and USER obligations toward VORTAL are:
a) Transmitting exactly and correctly the information requested at the time of adhesion to the service or PLATFORM as well as in any interaction or contact with VORTAL. Any omissions or inaccuracies in information provided by the CUSTOMER and USERS shall be the CUSTOMERS and USERS exclusive responsibility;
b) Comply and enforce compliance of its representatives and USERS with the instructions, technical procedures or limitations communicated by VORTAL when using the PLATFORM within the scope of the agreed or subscribed services;
c) Maintaining an accurate and updated list of the CUSTOMERS representatives and USERS with the necessary redundancy to preserve autonomy in the management of users and authorizations and updating information on the company and their respective USERs that use the PLATFORM, and acting promptly to block access and request certificate revocation when applicable and in case of termination of the relationships between the CUSTOMER and any of its representatives or PLATFORM USERS;
d) Not sending or transmitting any illegal, defamatory or deceptive information via the PLATFORM;
e) Using the services and information contained in the PLATFORM with compliance with the General Conditions of Access (and others particularly applicable or agreed terms) with respect for the law, particularly personal rights and intellectual property rights, as the principles of public order, good customs and good business practices as well as other applicable laws;
f) Avoiding the use of any technology that allows access or attempted access via the PLATFORM to channels, sectors, communications or documents that are encrypted or protected by user name and passwords, digital certificates or other secret codes;
g) Not jeopardizing network security, namely through submission or transmission of viruses, worms or other bugs via the PLATFORM or other techniques that could harm the PLATFORM’s performance;
h) Perform a good use of the PLATFORM, namely do not activate the "Back" and "Forward" buttons in the internet browser (especially during the transactional actions) recognizing that the platform has mechanisms (buttons) designed for that purpose as well as to not simultaneously access through different browsers with the same USER in the same account and to not simultaneously edit the same object on the PLATFORM with two different USERS;
i) Do not upload files which extensions are non-supported that are listed on the extensions black list, published in the upload window of the platform and that are here informed as an example: bat, reg, vbs, com, dll, exe, swf, ascx, asmx, asp, aspx, eml, htc, htm, html, ini, js, pif, wsdl, wsml;
j) Not disclose the contents, conditions, technical procedures or documentation delivered by VORTAL that may be directly or indirectly related with services;
k) Not reproducing any viewed or accessed information in any form without authorization and instructions or expressed reference to the PLATFORM or commercializing it in any form whatever;
l) Maintain the confidentiality and non-transmissibility of the individual name, user name and password, private digital certificate keys, or other secret codes and ensuring that these are not communicated, copied or divulged, no matter the means employed;
m) Communicate, within a maximum delay of 24 hours, any anomaly or illegality of which the CUSTOMER is aware, or the loss, dissemination or other violation of a user name, password, private key, any other secret code or any data under a non-disclosure obligation;
n) Providing free of any charge and according to legal and other applicable regulations, the content of ads (banners, buttons, etc.), trademarks, logos or other highlights to publish in the PLATFORM, which are the CUSTOMERS sole responsibility, granting for VORTAL the right to immediately remove such content from its PLATFORM, namely as a result of judicial decision, an equivalent decision made by a competent body or autonomously if any violation of the present conditions should be detected;
o) Anticipate actions in the PLATFORM, especially those that have to occur within a determined period, as a preventive action to avoid jeopardizing the applicable deadlines, considering per example that the average time for service activation and issuance of authentication certificates is two business days;
p) Consider the PLATFORMS consulted information as the preferred means because automated e-mailing is subject to various factors that can affect its arrival at the destination (full mailbox, anti-virus blocking, specifically spam-blocking programs, considered junk-mail, etc.);
q) To acknowledge that emails sent automatically are subject to diverse factors that can influence their delivery to the recipient, and that if you do not receive the automatic user activation and order confirmation emails from the Online Shop within a maximum period of 24 hours you must contact VORTAL;
r) To acknowledge that sending automatic emails alerts of notifications in the PLATFORM is a redundant functionality as they are only sent to one email address whose correct definition and updating is the responsibility of the CUSTOMER with the responsible USER that has access to the PLATFORM on the company profile to carry out the update, if necessary;
s) To acknowledge that any timer displayed on the PLATFORM (decreasing timer, timeline) is purely indicative, and the USER must validate in the procedural details, process, contest or other the correspondent date, and the USER also has the option to consult the time in UTC (Coordinated Universal Time);
t) To acknowledge that all the dates displayed on the PLATFORM are in accordance with the timezone defined by the USER, and that the USER always has the option to consult the time in UTC (Coordinated Universal Time);
u) To acknowledge that the CUSTOMER and USER are responsible for the information that is publish about the company in the Business Directory, and that it shall not be published content information that is misleading, slanderous, racist, sexual, political, moral or ethical content;
v) To acknowledge that the acceptance of the General Conditions of Access implies the acceptance of your company data being published in the Business Directory for per example the inclusion of your company in the existing ranking system, information about the date of the last tender award and the submission date of the last bid, among others;
w) Recognizing and accepting the implementation by VORTAL of the controls that are identified as necessary, in result of analysis done under the management systems of information security and business continuity (namely risk analyses, usage profiles, complaint management, incident management and respective impacts) to help PLATAFORM USERS to guarantee the compliance of some of the provisions established in the legislation on their actions on the PLATFORM;
x) To acknowledge that VORTAL’s ranking system does not qualify, distinguish or benefit companies but only defines the information and qualification criteria defining ratios and weightings for companies which the PLATFORM "scores";
y) To acknowledge that an online support tool for using the platform is available which may clarify any questions as to its use;
z) To acknowledge that after purchasing any of the services from the Online Shop, unless otherwise agreed, the corresponding services will only remain active after payment or a direct debit agreement (if applicable);
aa) To acknowledge that you are responsible for the veracity of the information transmitted during the registration;
bb) To acknowledge that the USERS and CUSTOMERS are responsible, where applicable, for the creation/acceptance/update of access requests and for the respective access and profile management, whether permanent or temporary, of all users with access to your company/Business directory, and shall to this end, carry out all the necessary due diligence to identify users correctly;
cc) That must ensure that the work session has been fully closed when logged out of the PLATFORM, and that must be confirmed that has been performed successfully in terms of different applications;
dd) You acknowledge that you are responsible for accepting any revised terms which will be communicated by VORTAL through various communications methods (platform and/or email and/or newsletter) and these will also be permanently available through the footer link of the PLATFORM and/or on the site www.vortal.biz;
ee) You must acquire the necessary platform access applications, whilst acknowledging that the contracted internet speed and/or available bandwidth at the moment of the action, may be influencing factors in the PLATFORM’s performance, since diverse local factors interact with the PLATFORM such as computer, the user's local network, bandwidth, and for which VORTAL has no responsibility, and consequently, no means of monitoring them, as well as the combination of operating systems, browsers and other components in accordance with the published and updated list on the site http://en.vortal.biz/community/vortal-faqs;
gg) You expressly acknowledge and accept that VORTAL may use the provided contacts in the scope of providing services for client support and for commercial purposes and presentation of products and services related with the subscribed services, in the case the CUSTOMER does not want VORTAL to use this information for the purposes named above, he should send an e-mail to firstname.lastname@example.org, in which he expressly indicates is non-consent for the reception of information for client support and commercial purposes, and may do this through the marketing and communication platforms used by VORTAL through the “Remove Subscription” functionality or similar;
3.1 VORTAL shall make every effort, including the use of technical and human means, to prevent any failure or defective performance from happening on any of the services that it undertakes, and shall not be liable for:
a) The content of information transmitted through the PLATFORM, since it does not access, select or modify the information contained in the transmission or its sender or recipient, and has no actual knowledge of any information transmitted nor is it under any general obligation to monitor the content transmitted.
b) The loss, damage, misuse and/or abuse originating from third parties to the content of ads (banners, buttons, or other), trademarks, logos or other highlights and personal pages published in the PLATFORM;
c) Any loss of information due to accidental or other causes originating from the CUSTOMER or third parties;
d) Actions undertaken by third parties, by other CUSTOMERS, USERS or others, or for any claims related to products or services delivered or rendered and transacted between buyers, suppliers or others;
e) Any damages caused by use of the electronic PLATFORM, including those related to any interruptions, unsolicited communications, viruses or bugs, errors, technical failures or other limitations originating from the CUSTOMERS system or negligence;
f) Any failure in the security of communications originating in the CUSTOMERS system or negligence;
g) The commission or incitement to acts considered criminal, including injuries, defamation, calls for violence, disrespect of national symbols, promotion of racism, xenophobia, homophobia and any others.
3.2 VORTAL reserves the right to initiate or participate in legal proceedings or provide the authorities with information that allows the identification of anyone using the PLATFORM to commit or incite to acts considered criminal by law, including injuries, defamation, calls for violence, disrespect of national symbols, promotion of racism, xenophobia, homophobia and any others.
3.3 Except in case of force majeure, the CUSTOMER shall be considered accountable before VORTAL:
a) For compliance with any obligations resulting directly or indirectly from these General Conditions of Access;
b) Especially for punctual and integral fulfillment of the agreed financial obligations as well as the contractual term as established under penalty, in case on non-compliance, of payment of interest at the current rate and immediate termination of service provision by VORTAL or full payment of the Contract or damages under general law;
c) For the actions of its representatives or auxiliaries.
3.4 Except in case of force majeure, the CUSTOMER shall be considered accountable before a third party, namely buying or other associated entities through the PLATFORM:
a) For compliance with all the technical, quality, commercial financial and other contractually stipulated conditions or those legally imposed upon any seller or provider of services under the same conditions;
b) For compliance with all the legal regulations, contracted or stipulated regulations in codes or rules of conduct, agreed to and applied to contracts that are part of and concluded through the PLATFORM, particularly for compliance with the duty to update information on the order status or expected date of the conclusion of the service;
c) For ensuring and assuming the veracity and authenticity of all exchanged information, purchases or orders made by their representatives or auxiliaries, through the PLATFORM;
d) For accepting the technological mechanisms made available by VORTAL as a means of proving the authorship and integrity of transactional information on the PLATFORM.
3.5 Except in case of force majeure, the CUSTOMER shall be considered accountable before a third party, namely selling or other associated entities through the PLATFORM:a) For compliance with that which has been contractually stipulated or legally imposed upon any buyer or beneficiary of the provision of services under the same conditions;
b) For ensuring and assuming the veracity and authenticity of all tenders or orders made by their representatives or auxiliaries, through the PLATFORM;
c) For accepting the technological mechanisms made available by VORTAL as a means of proving the authorship and integrity of transactional information on the PLATFORM.
3.6 VORTAL is responsible for all services included in the scope of the PLATFORM as well as for all the human resources which belong to its structural organization, also applicable whether wholly or in part services are provided by a third party hired for that purpose.
ACCESS AND REGISTRATION
4.1 Access and registration to the services may also be may carried out by any remote means (telephone, internet or other), and assumes prior knowledge and acceptance on the part of the CUSTOMER of the provisions of the present General Conditions of Access, as well other applicable or agreed particular conditions, prevailing the last.
4.2 In the case of remote contracting of the services, the date of accession at the present General Conditions shall be the date of acceptance of the contractual terms and conditions applicable to the service.
4.3 It is the CUSTOMERS responsibility that the adhesion is made by an employee or other with authorization/power to do so.
4.4 For contractual relationship purposes, in situations where the contract is not signed with both signatures parties, the contract it’s recognized as a result of the present General Conditions of Access as well applicable or agreed particular conditions combined with conditions and services description which are stablished in the adhesion form submitted by the CUSTOMER.
4.5 In case of disagreement, the conditions and services descriptions which are stablished on the adhesion form prevails over the General Conditions of Access as well as the particular conditions.
PRICE AND PAYMENTS
5.1 Except for UNIVERSAL clients (or similar type) or any promotion for the provision of subscribed service(s), the price indicated at the time of subscription is due by the CUSTOMER.
5.2 VORTAL reserves the right to annually update the prices, which can be defined according to the Consumer Price Index or in function of a change in the CUSTOMERS turnover or acquisitions, or if there is a change in the price scale which applies to the CUSTOMER.
5.3 If applicable, turnover or similar shall be defined by the value of the item Operating Income as the sum of the items 'Service Delivery', 'Sale of Goods', ‘Production Change', 'Work for the Company Itself', 'Supplementary Income' 'Operating Subsidies' and 'Other Operating Income', as set out in the subtotal (B) Income Statement by Nature, contained in the Annual Reports of the most recent fiscal year, within the terms and deadlines under the law. The volume of acquisitions shall be defined by the sum of the rubric of 'Procurement of Goods and Services' and 'Acquisition of Capital Assets' in the budget runs of the most recent fiscal year to the date of implementation.
5.4 When applicable, all payments shall be effected in euros, except by written agreement between both Parties, in which case another currency may be stipulated, with an obligatory indication of the currency in question along with the exchange rate to euros.
5.5 The national payment systems, the electronic bank-to-bank transfers (TEI) and direct debiting are all compliant with the SEPA (Single Euro Payments Area) technical requirements
5.6 VORTAL reserves the right to send electronic invoices related to the subscribed services to the e-mail indicated for receipt of e-invoices. If the CUSTOMER wishes to change the e-mail address to which invoices are sent or receive invoices by other means must make a written request to VORTAL.
TERM AND AMENDMENTS
6.1 The provision of services contract is valid for a period of 365 days (unless otherwise agreed) from the date of its execution (considering the signing date or when it is not on site, when received by VORTAL) and renews itself automatically and successively for the same period, unless written notice is given by either party, at least 15 days before expiration date of the initial period or renewal.
6.2 Any amendment to the General or Particular Conditions of access will be notified by VORTAL through the communications tool available on the PLATFORM, and the CUSTOMER shall accept or refuse the new conditions, and, in the case of non-acceptance, the CUSTOMER must communicate it to VORTAL and the present Contract shall terminate by CUSTOMER resolution. It is up to the CUSTOMER to periodically review these Conditions, in order to be familiar with its rights, duties and responsibilities.
6.3 In case of necessity or a special reason, VORTAL may change the conditions of access to procedures or requirements relating to the computer system, as well as the content of the agreed services, utilities, documentation or other content. Should the referenced changes be made, the CUSTOMER shall be notified in advance through appropriate means, without necessity of any other special form.
NON-COMPLIANCE, RESOLUTION AND TERMINATION
7.1 Non-compliance by the CUSTOMER of any of the obligations described in the present agreement shall permit VORTAL to undertake a unilateral resolution, with immediate effect from the date of a notification of resolution.
7.2 In case of contractual non-compliance, VORTAL reserves the right to limit access to the subscribed services, as well as to demand full payment of the remaining contract and to demand compensation under general law.
7.3 VORTAL reserves the right to cancel or suspend the provision of subscribed services, without penalty, if the CUSTOMER doesn’t comply with the obligations arising from the agreement or for technical reasons, which shall in any case be substantiated.
7.4 In case of contract termination, for whatever cause, including resolution for non-compliance, the CUSTOMER shall be obliged to immediately cease using the agreed services and to comply punctually and fully with what has been bound with respect to VORTAL and third parties, suppliers, buyers or others.
7.5 In case of suspension or termination of services subscribed, for breach of any CUSTOMER obligations, VORTAL in case of express request of the CUSTOMER can restore the Universal service.
7.6 Any request to terminate the contract including any communication which precludes the contract renewal, shall be made by the person responsible for the Entity or by someone with similar authority and it shall be executed by correctly filling in the form available in the following LINK.
7.7 Should there be no contrary provision/agreement, any request/communication of contract termination that is not made by filling in the aforementioned form shall not be deemed as valid.
SECURITY, COMPANY AND PERSONAL DATA
8.2 CUSTOMERS and USERS are bound to maintain the data updated and VORTAL promises to fully comply with obligations that fall to it under the terms of the law in force with respect to personal data protection measures and rights thereof of the bearers.
8.3 The USER is given the option of not being the recipient of newsletters and commercial campaigns, as referred on these General Conditions of Access.
8.4 VORTAL manages all personal data pursuant to the Data Protection Laws and to the Regulation (EU) 2016/679 of the European Parliament and European Council of 27 April 2016.
8.4.1 Thus, as far as the data owner is concerned, personal data collected by VORTAL shall be treated lawfully, fairly and in a transparent manner. In order to ensure the data minimization principle, the collected data shall be adequate, relevant and limited to the needs of the purpose they are processed for.
8.4.2 Any personal data collected and processed by VORTAL shall be processed pursuant to high security standards, including protection against unauthorized or unlawful handling of data and against any loss, destruction or accidental damage, taking every possible technical or organizational measures in order to keep its integrity and confidentiality.
8.5 Within the scope and set out terms of the Regulation (EU) 2016/679 of the European Parliament and European Council of 27 April 2016, the personal data subject must give his explicit consent so that the data that concerns him can be handled, since such type of data processing is needed for the execution of the contract with VORTAL or to the accomplishment of pre-contractual diligences of his request.
8.5.1 The consent of the data subject is a free, specific, informed and explicit manifestation of will, through which the data subject accepts, either through a declaration or through an unequivocal positive action, that the personal data which concerns him might be processed by VORTAL or any other entity (outsourced) that handles personal data on behalf of VORTAL, for this specific purpose, which is subcontracted and contractually is bound to its instructions while processing any personal data information.
8.6 The processing of personal data by VORTAL (and other VORTAL outsourced entities, as stated in the last number) has not only the purpose of identifying the users of the PLATFORM but also the provision of services, including technical support, marketing campaigns and notifications related to the use of the PLATFORM by VORTAL.
8.7 The data subject has the right to withdraw his consent at any moment. Such action shall not compromise in any way the lawfulness of the data processing based on the previously given consent.
8.8 VORTAL is deeply committed to security, offering maximum guarantees of quality, security and integrity in all its services.
8.8.1 Therefore, since 2007 VORTAL has been certified in accordance with the Standard IS0 27001 (International Standard on Information Security), ISO 20000 and ISO 9001, as well as in Spain with the Confianza Online which establishes specific norms related to commercial communications and all transactions from the VORTAL systems, increasing the confidence of users in the new methods, as well as well with the Organic Law 15/1999 of December 13th on protection of personal data.
9.1 Data expressed on the adhesion form relative to a type or method of business service(s) integration subscribed, scope, specific conditions, prices, methods of payment or promotion, services of added value, granting advertising space (banners, buttons or other) including dimensions, type, location on the electronic PLATFORM, period of time, number of copies, construction of pages and highlights or other data directly or indirectly related, constitute particular conditions of each contract and integrally make up the provision of services agreement along with the present General Conditions.
9.2 In the case there are additional conditions stipulated in the Annexes, namely, those relative to direct debit from a bank account, are equally valid and effective, prevailing, in case of contradiction, on the clauses in the agreement that contradict, providing they are duly dated and signed by both parties.
INTELLECTUAL AND INDUSTRIAL PROPERTY
10.1 VORTAL, as the author of collective and intellectual work, is the holder of the intellectual and industrial property rights for all the VORTAL PLATFORMS and systems, and also the holder, or has the license, authorization or assignment of rights as to intellectual, industrial and image property rights on the available content and services which includes the electronic markets of econstroi, vortalGOV, vortalHEALTH, vortalINDUSTRY, vortalOFFICE&SUPPLIES, vortalENERGY&UTILITIES VORTALNEXT, VORTAL CORPORATE and VORTAL SUPPLIER TRUSTER.
10.2 Under no circumstances is it understood that the access, use or navigation implies a waiver, license or assignment of all or parts of those rights by VORTAL.
10.3 Consequently it is not permitted to remove, ignore or manipulate the notice of copyright, intellectual property and any other data which identifies the rights of VORTAL, as well as any technical protection devices, digital fingerprints or other means of information and/or content identification.
10.4 It is also forbidden to modify, copy, reuse, extract, exploit, reproduce, communicate publicly, make secondary or subsequent publications, upload files, send by post, transmit, use, process or distribute in any way whatsoever, all or part of the content of the VORTAL PLATFORMS and Systems, without the express written consent or the holder(s) of the corresponding rights.
10.5 In particular, it is not permited for the CUSTOMER and/or USER by any means, to transmit or distribute any VORTAL information or content and related electronics markets, except for the uses permitted by law.
10.6 The trademarks and brands econstroi, vortalGOV, vortalHEALTH, vortalINDUSTRY, vortalOFFICE&SUPPLIES, vortalENERGY&UTILITIES, GuarantingTM, Pagamento Garantido®, VORTALNEXT, VORTAL CORPORATE, Supply CareTM and VORTAL SUPPLIER TRUSTER are commercial trademarks of VORTAL.
10.7 If a customer/user detects any type of content that is contrary to current legislation in force, that may be detrimental to users, we request that you contact us as soon as possible at the following address: email@example.com.
LITIGATION AND COMPETENT COURTS
11.1 To adjust, interpret and resolve any dispute arising from the interpretation or execution of the agreement for provision of services and/or present General Conditions of Access or Particular Conditions, which form an integral part of it, the Parties hereby elect the court and competent jurisdiction of the country where the contract is formalized, in the city where VORTAL is located, to the exclusion of any other.
11.2 In case VORTAL does not have a headquarters, neither subscribed on the commercial register of a country identified in the previous number, will be decided exclusively in the Portuguese courts, specifically Lisbon.
CONTACTS AND NOTIFICATIONS
Vortal - Comércio Electrónico, Consultadoria e Multimédia S.A.
12.1 PORTUGAL / GENERAL CONTACTS
Headquarters: Rua Alfredo Allen, nº 455/461, 4200-135 PortoVAT/CIF Number: 505141019Public Registration: Registered in Commercial Registration entity of Oport with number 505141019
Telephone: (+351) 707 202 712
Fax: (+351) 210325010
12.2 SPAIN/ESPAÑA CONTACTS
VORTAL Connecting Business, SA
Headquarters: Calle de Alcalá, 61 28014 - Madrid – España.
VAT Number: A-85765469
Public Registration: Registered in Madrid mercantile register: Tomo 26944, Folio 128, Section 8, Hoja M485592, Inscripción 1ª
Telephone: (+34) 91 794 46 40
Fax: +(+34) 91 794 46 01
ANNEX I – SPANISH MARKET PARTICULAR CONDITIONS
1 VORTAL is linked to the confidence seal (Confianza Online) in Spain which establishes specific norms related to commercial communications and all transactions from the VORTAL systems, increasing the confidence of users in the new electronic methods.
a) Confianza Online is a non-profit Spanish national entity, with the support of Spanish Ministry of Industry, Tourism and Trade, as well as the public corporate entity Red.es and the Association for the autoregulation of Commercial Communication - Autocontrol.
b) For more information regarding the procedures of monitoring and complaints reporting regarding advertising, please access the following web address: http://www.confianzaonline.es/gestiona-tu-reclamacion/informacion-general/tramitacion-publicidad/
c) Additionally, as an entity certified by the CONFIANZA ONLINE seal, and under its ethic code, in case of disputes related to online advertising, data protection, child protection and accessibility, the client can report these incidents to the extrajudicial dispute resolution system of Confianza Online (www.confianzaonline.es), which is composed by a Jury and the National Consumer Arbitration Entity.
d) In the remaining cases, the parties submit themselves to refuse any other entity to solve conflicts and disclaims, beside the courts of the domicile of the customer.
2 Within the Spanish public procurement scope, these General Conditions of Access comply with the Spanish legislation.
3 VORTAL is currently certified with the Organic Law 15/1999 of December 13th on protection of personal data and the Royal Decree 3/2010 of January 8th of Electronic Administration Scope, the Nacional Security Scheme.
4 VORTAL complies with the Spanish Laws, namely the Royal Decree n. 3/2011 of November 14th, Royal Decree n. 3/2010 of January 8th, Organic Law n. 15/1999 of December 13th, Law n. 39/2015 of October 1st, Law n. 9/2017 of November 8th and also the Regulation (EU) 2016/679.
ANNEX II – PARTICULAR CONDITIONS OF THE PORTUGUESE PUBLIC PROCUREMENT MARKET
1 VORTAL’s obligations toward the CUSTOMER are, also to:
a) Maintain an open telephone or e-mail support line available to the CUSTOMER during the normal business hours, which is publicized on the PLATFORM, thereby fulfilling its duty before the users, pursuant to article 22, number 1 d) of the Portuguese Law 96/2015, as well as the remaining requirements foreseen in said number.
b) Keep the platform available 24x7, except in planned (with a previous notice on the homepage of the respective PLATFORM posted at least 72 hours in advance, pursuant to the article 28, number 6 of the Law 96/2015), non-planned or urgent maintenance periods. All CUSTOMERS will be informed through the login page about any of the mentioned occurrences, in order to minimize the impacts in the public procedures.
c) Provide a safe and agile user registration process, by not exceeding the limit of 3 working days as laid in article 28, number 3 of Law 96/2015, in the case of free (Universal) modality.
d) Grant the possibility of maintaining the data given by its CUSTOMERS, which have to be updated or modified by the CUSTOMERS and USERS themselves.
e) Undertake to make its basic (base - free) services available to CUSTOMERS, pursuant to the article 24, number 1 and 4 of the Law 96/2015. These include the access to all the vital functionalities that allow for a complete development of public pre-contractual procedures.
f) Fulfill and comply to the provisions in accordance to article 22, number 3 of Law 96/2015.
g) Not to charge any costs to CUSTOMERS (economic operators), as far as the interconnection to Portal BASE is concerned.
2 CUSTOMER obligations toward VORTAL are as follows:
a) It is the responsibility of the CUSTOMER (when a contracting authority/buyer entity) the selection of the companies to be invited to restricted procedures/requests. To do so, the CUSTOMER should guarantee that the invitation is addressed to the correct company, by conducting the search with the correct fiscal ID (unmistakable way to identify companies) and by checking the email address for alerts to be sent whenever applicable, accordingly the type of service of the economic operator.
b) Acknowledge that it is their responsibility to manage and monitor the chronological validation time stamp balance, if applicable.
c) Acknowledge the limitation of fixing the date/time limit for presenting replies solely during business days/hours, helping the USER to transfer the deadline to the following work day, every time that the deadline happens to be on nonworking hours/days.
d) Acknowledge that the USER, who performs the action, is responsible for choosing a certificate for the signature of files, proposals, applications, solutions, messages and procedures, even when the source of the certificate is not recognized by the PLATFORM. In order to meet the established in article 54, number 1 of Law 96/2015, it is necessary to use the quality certificate signature published on the TSL (trusted list).
e) Acknowledge that the user is responsible for verifying if the signature applied on the documents that are already placed in the "Entity Documents" is valid when it is attached as part of a bid, application, solution, message or procedure.
f) Recognize that VORTAL has no responsibility for the validation that Adobe (or other similar programs) makes on PDF signature certificate since it occurs outside the platform.
g) Ensure the proper submission of procedures, proposals, applications, solutions and messages, by consulting the receipts with submission confirmation.
h) Acknowledge that VORTAL assumes no responsibility for the validation that is performed on the signature certificate embedded in PDF files, since this validation is not performed by VORTAL and takes place outside of the PLATFORM.
i) Ensure that if the USER requests the issue of a VORTAL certificate that he is responsible for storing the predefined password and for carrying out the requisite follow-up in his work area and mailbox, so that as soon as it is issued, he must install it on his computer and associate his user name with it on the platform, in accordance with the relevant instructions. You should contact VORTAL in this regard if you do not receive the email or indication in the work area within 24 hours.
j) Acknowledge that the USER, for authentication purposes within the electronic public procurement, is responsible for acquiring an authentication certificate and may, for this purpose, request a certificate from VORTAL, or associate a certificate to his registration.
k) Acknowledge that, if applicable, your company may be suggested in electronic public procurement (or similar), and it is therefore necessary to have a commercial interest that is in line with the procedure and that the contracting authority activates this disclosure option. The management of (commercial and informational) interests is the responsibility of the responsible USERS and CUSTOMERS.
l) Acknowledge that, in order to meet the established in article 42, number 5, line d) of Law 96/2015, they are informed that it is necessary to activate the functionality TLS in the internet browser. The activation of TLS can be made through the options of the internet browser.
m) In the public procurement scope, compliance and monitoring of the award thresholds are the responsibility of the Contracting Authority in Portugal, under the terms of number 2 of article 113 of the Public Procurement Code.
n) In particular, ensuring legal compliance with the Portuguese Laws, namely Law n. 96/2015 of August 17th, Decree-Law n. 134/2009 of June 2nd, Decree-Law n. 18/2008 of January 29th, with the Data Protection Law and also the Regulation (EU) 2016/679.
3 According to the provisions in the article 21 of the Portuguese Law 96/2015, VORTAL provides IMPIC, I.P. and GNS access to its facilities, equipment and respective systems connected with the electronic platform management activity, hereby undertaking not only to provide them all the information, documentation or any other elements requested by IMPIC, I.P. or GNS that are related to its activity but also to notify them of the following cases within 15 days from the date of occurrence:
a) Any change in the general licensing requirements foreseen in the article 15 of the Portuguese Law 96/2015;
b) Cessation of activity in national territory;
c) Creation of branch offices, agencies, establishments, facilities, places of attendance or other forms of commercial representation related with the management activity of electronic platforms in national territory
4 In case of litigation between the CUSTOMER and third parties, other customers or users, whether sellers, buyers or others, according to Portuguese eProcurement law and ISO 27001 standard, VORTAL only provides information on access records (Article 50 of Portuguese Law 96/2015) to the owners of the information, the contracting/buying entities or other competent authorities when necessary for clarification of some occurrence in the PLATFORM concerning a specific competitor/interested party within the scope of a legal proceeding, including the foreseen cases of article 78, number 1 of the Law 96/2015.
5 When applicable, and as long as there is no contractual provision with a CUSTOMER (Contracting Authority) stating otherwise, the Economic Operator shall not have 2 or more Time Stamps simultaneously parameterized for consumption within the electronic platform.
6 Should the CUSTOMER decide to request and agree on additional consulting services from VORTAL, these shall be billed to the CUSTOMER according to the price list in force.
7 For subscription to a buying and contracting entity service, the CUSTOMER must make available a file (preferably in spreadsheet format) with the data from its usual suppliers, so that they may be loaded on the PLATFORM.
8 In Portugal, in billing, at the price plus VAT at the legal rate, the amounts invoiced are to be paid by the Direct Debit System, as regulated by Notice No. 1/2002, of 13.03 and subsequent of the Bank of Portugal, except in the case of another modality agreed with the CUSTOMER, namely payment within 30 days after the date of invoice.
9 In Portugal, it is the CUSTOMERS duty to provide, through electronic procedures, the elements that comprise the granted debit authorizations. Electronic procedures are made available through the ATM or any other system made available by the relevant credit institution, including private ATM, banking portals and call service certificates.
ANNEX III – PARTICULAR CONDITIONS OF VORTAL SUPPLIER TRUSTER
1 The PLATFORM VORTAL SUPPLIER TRUSTER services adhesion (henceforth designated as “Suplier Truster) and these General Conditions of Access as well others general conditions applicable or arranged are executed on the USERS and CUSTOMERS register.
2 The USER, when registering on the service, must declare that has read, understood and accepted the meaning and reach of the present General Conditions of Access.
3 All database information are owned by Supplier Truster or VORTAL third parties (partners or service providers) and his consultation or extraction is reserved to USERS and/or Adherent Entities, as determined in these General Conditions of Access.
a) All data extraction is limited, in quality and quantity, to the purpose of information consultation by the USER that is allowed to and the data cannot be reproduced, disclosed or transferred totally or partially, whether it’s free or not, to third parties, including to the entities to whom the information is related, unless VORTAL grants by written an express authorization.
4 The Supplier Truster data is provided by the adherent or associated entities and the CUSTOMERS, reason why the veracity, reliability, integrity and completeness of the managed and available data to the users, it is not VORTAL responsibility.
5 Notwithstanding the diligence in collecting, selecting and processing the information provided, Supplier Truster does not guarantee to users the results of their services, to the extent that the insufficiency or defect results from the out datedness, lack of integrity, veracity or completeness of the information provided by adherent or associated entities.
6 Supplier Truster's information, ratings, qualifications and other services should be considered by users as a guide only, not guaranteeing or VORTAL, nor are they responsible for the solvency, timeliness of compliance or quality of products or services freely contracted with suppliers including any consequential damages and loss of profits, as well as any damage caused by such defective products or services.
7 The evaluations of companies or entities not registered in the service are the exclusive responsibility of the evaluating entity and will only be accessible to the company or entity object of that evaluation.
8 VORTAL's obligations towards the CUSTOMER:
a) Ensure that the data stored, processed and provided by Supplier Truster are confidential and are only accessible to users and / or registered suppliers and therefore cannot be communicated to third parties as well individual assessments are only accessible to companies or entities evaluated.
b) Keeping the platform available 24x7, except in planned with a previous notice on the homepage of the respective PLATFORM and in non-planned or urgent maintenance periods.
c) Comply with all the applicable legislation on European level and where VORTAL operates.
d) Ensure that those to whom the data relate to, have the right of access to them, as well as to request the correction of errors and omissions that they evidence.
e) To maintain, as far as it is made available, the information of the adhering companies permanently updated and complete and to treat it according to criteria of strict impartiality, independence and objectivity, in order to guarantee the reliability, credibility and value of the obtained results (evaluations/qualifications) for users.
9 CUSTOMER obligations toward VORTAL are to:
a) Provide in advance, in the way defined by Supplier Truster, all available information and documents related to the object of this service, and to guarantee that this information must be accurate, complete and discriminated according request, in order to allow the quality of the service;
b) Authorize, expressly, your evaluation and qualification in the scope of the Supplier Truster and to acknowledge that the results of these evaluations may be available for others USERS;
c) Guarantee payment of the services, and that the amount and due date will be determined by Supplier Truster and according to the agreed conditions, and that the non-timely payment may allow the immediate exclusion of the system, without the need for any prior notice.
10 In the event of a dispute between the CUSTOMER and third parties, other customers or users, according to ISO 27001, VORTAL only provides information to the owners of the information, contracting entities or, by the law, to other competent entities or to competent judicial entities, and a formal written request may be required.
11 The SupplierTruster database is duly licensed by CNPD (Portuguese National Data Protection Commission), under the 4412/13 authorization, being the activity related to its management, maintenance and access and being regulated by the applicable law and authorization, under the supervision of the CNPD.
12 Supplier Truster is a trademark of VORTAL, with all rights protected under applicable legislation.
13 The use of trademarks, designs, denominations or other industrial property rights, as well as works or part of works protected by copyright, the information provided by the adhering companies are in their sole and exclusive responsibility, not being the responsibility of Supplier Truster nor VORTAL any obligation of control over the legitimacy / legality of its use.
14 CUSTOMERS and USERS expressly authorize the access to the information that they introduce in the PLATFORM for others CUSTOMERS and USERS who are recipient of such information.
15 It is responsibility of the personal data subject the exercise of the rights granted on the article 16 of Regulation (EU) 2016/679 of the European Parliament and Council of 27 April 2016, as the PLATFORM allows functionalities that grants the autonomy to do so.
ANNEX IV – PARTICULAR CONDITIONS VORTAL CORPORATE – PRIVATE MARKET
1 The value of the annual subscription price of the Request Proposals service includes a fixed component defined in function of the CUSTOMER’s turnover, according to the price list in force.
2 If the CUSTOMER wishes to use the PLATFORM in construction projects in which it operates in partnership with other companies under the ACE (complementary group of companies) regimen, an additional amount shall be charged according to the schedule in effect for this service, to cover the costs of local setup, implementation and training. This amount shall be billed once for each ACE. The CUSTOMER shall inform VORTAL in writing of their share as a partner or shareholder in the referenced ACE, so that VORTAL can activate the mechanisms of the assignment to the CUSTOMER of contracts registered on the PLATFORM by the ACE.
3 Should the CUSTOMER decide to solicit additional consulting services from VORTAL, these shall be billed to the CUSTOMER according to the price list in force.
4 For subscription to a procurement service, the CUSTOMER must make available a file (preferably in spreadsheet format) with the data from its usual suppliers, so that they may be loaded on the PLATFORM.
5 The business model applied to the Private Market is based on a system where suppliers are categorized according to their area of business. When a consultation is made available, all suppliers having the consultation category will automatically be invited; it is not possible to remove them.
6 In Portugal, in billing, at the price plus VAT at the legal rate, the amounts invoiced are to be paid by the Direct Debit System, as regulated by Notice No. 1/2002, of 13.03 and subsequent of the Bank of Portugal, except in the case of another modality agreed with the CUSTOMER, namely payment within 30 days after the date of invoice.
7 In Portugal, it is the CUSTOMERS duty to provide, through electronic procedures, the elements that comprise the granted debit authorizations. Electronic procedures are made available through the ATM or any other system made available by the relevant credit institution, including private ATM, banking portals and call service certificates.
ANNEX V – PARTICULAR CONDITIONS SLOVENIAN MARKET
1 In Slovenia, VORTAL PLATFORM and services are provided by its partner S-Procurement, družba za elektronske nabavne platforme, d.o.o. (S-PROCUREMENT).
2 It is the responsibility of the contracting authorities to comply with law applicable to public procurement.
a) Since the PLATFORM is the tool/system where the formalities provided for in the legislation are carried out, it is the contracting authority responsible for violations and non-compliance with the legal provisions, including, for example, the payment of any fine or penalties as provided for in article 111 and article 113 of the Slovenian Law of Public Procurement (Zakon o javnem narocanju ZJN-3).
3 It is the responsibility of the economic operators to comply with the applicable legislation as well as the procedure rules laid down by the legislation and/or by the contracting authority.
a) Since the PLATFORM is the tool/system where the formalities provided for in the legislation are carried out, the economic operator is responsible for the violations and non-compliance of any legal or procedural provisions, including, for example, the payment of any fine or penalties as provided for in article 112 and 113 of the Slovenian Law of Public Procurement (Zakon o javnem narocanju- ZJN-3)
4 S-PROCUREMENT, under instruction, guidance and on behalf of VORTAL may process personal data related with the USERS of the PLATFORM.
a) In such case, S-PROCUREMENT manages and processes all personal data, on behalf of VORTAL, pursuant to the Slovenian Data Protection Laws and to the Regulation (EU) 2016/679 of the European Parliament and European Council of 27 April 2016.
5 To adjust, interpret and resolve any dispute arising from the interpretation or execution of the agreement for provision of services and/or present General Conditions of Access or Particular Conditions, which form an integral part of it, the Parties hereby elect the Slovenian courts and jurisdiction.
6 For any communication or notifications purposes, must be used the following contacts:S-Procurement, družba za elektronske nabavne platforme, d.o.o.Headquarters: Ukmarjeva 2, 1000 LjubljanaVAT: SI31002200Company Code: 7276192000Telephone: 01 60 100 71 / E-mail: firstname.lastname@example.org
Version 18.1 | Published on May 5th 2018 | Conditions applicable from May 5th 2018