SCOPE, OBJECT AND LEGITIMACY OF ACCESS
1.1. VORTAL, Comércio Electrónico, Consultadoria e Multimédia, SA (henceforth designated as “VORTAL”), with the tax identification number 505141019, is a management company of internet-accessed electronic business platforms (PLATFORMs) - directed to individuals, companies and other legal persons, namely, public, private and other entities (henceforth designated as CUSTOMERs) - that provide business integration services and are owned by VORTAL, which holds all intellectual property rights to these platforms.
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, consult available information - namely concerning works and projects in progress - share information and assume the position of buyer, seller or provider on the electronic 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 clients;
b) the internet access circuit, including its type, form and equipment;
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 electronic platform.
1.3. The CUSTOMER shall identify in the Contract a dedicated VORTAL contact person to represent the CUSTOMER with respect to the aims of this contract and also be responsible for administrative, technical and financial matters related to use of the PLATFORM, management of users and authorization of digital certificates available to them, as well as updating company and user data.
1.4. In the absence of confirmation of the representative as referenced in the previous item, the first registered user shall be considered the dedicated VORTAL contact person.
1.5. Where applicable the responsible user can configure access segregation for the remaining company users and he is also responsible for this management.
1.6. 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 according to the password definition policy, this being the CUSTOMER’s responsibility. In the event of experimental access, the passwords shall be exclusively attributed by VORTAL to the previously-referenced representative, who should proceed to change them immediately.
1.7. For access to information referring to public contracts in Portugal, the authentication process can be done with a digital authentication certificate or with username and password. If you choose to authenticate with username and password, we recommend the setting of a strong password, by following the security guidelines below:
- At least 8 characters.
- It does not contain the user name, the real name or the company name.
- It does not contain a whole word.
- It is significantly different to the previous passwords.
- It is alphanumeric and includes special characters.
1.8. Information procedures referring to public contracts can be accessed through the accreditation and the issue of the VORTAL certificate, which enables the authentication mentioned in the previous point (after following the requisite instructions for its installation and association).
1.9. For monitoring of the timing of acts which, under countries jurisdiction where VORTAL operates, must be undertaken within a definite period, the PLATFORM will affix timestamps issued by an external entity certified for provision of qualified chronological validation services.
1.10. In the Portuguese public e-procurement market, VORTAL’s platform accepts the chronological validation certificates issued by certified entities that have this service registered, certified and published in the Portuguese Trusted Service Status List (TSL), which Gabinete Nacional de Segurança (GNS) is in charge of. The need for time stamps’ apposition in Portuguese public procedures, as well as the actions in which said apposition must be done, is set out in the article 55 of the Portuguese Law 96/2015. Without these actions, it is not possible for the user to continue the submission process. It is the user’s responsibility to manage the time stamp balance as well as its parametrization in public e-procurement platform, pursuant to the “ORIENTAÇÃO TÉCNICA Nº 01/GNS – IMPIC/2015.
1.11. Clauses x), y) and mm) of these Conditions are only applied in Public eProcurement processes in Portugal.
RIGHTS AND OBLIGATIONS
2.1. VORTAL’s obligations toward the CUSTOMER:
a) Providing such information as necessary regarding the appropriate technical requirements for accessing the subscribed service(s).
b) Maintaining an open telephone or e-mail support line available to the CUSTOMER during the normal business hours publicized on the PLATFORM, thereby fulfilling its duty before the users, pursuant to article 22.º , number 1, line d) of the Portuguese Law 96/2015, as well as the remaining requirements foreseen in said number.
c) Providing the technological and functional conditions that depend uniquely and exclusively on VORTAL that are necessary to enable the CUSTOMER, linked to the PLATFORM, to autonomously consult, buy, sell or use the services subscribed in the present contract.
d) Adopting a communication security/confidentiality policy, limiting access tom PLATFORM services through identification and authentication procedures.
e) Adopting safety measures to prevent the destruction, loss, modification, accidental or unauthorized access or dissemination.
f) Maintaining accessible information on the PLATFORM regarding the Information Security Management Policy approved and practiced by VORTAL.
g) Making digital authentication certificates available as requested for exclusive use on its PLATFORMs.
h) Keeping 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 Portuguese Law 96/2015) not planned or urgent maintenance periods. Entities/buyers and economic operators/suppliers will be informed through the login page about any of the mentioned occurrences, in order to minimize the impacts in the public tenders.
i) Comply with all the applicable legislation on European level and national, where VORTAL operates. In particular, ensuring legal compliance with the Portuguese law 96/2015 of August 17th, decree-law 134/2009 of June 2nd, decree-law 18/2008 of January 29th and with the data protection laws in Portugal and the Royal legislative Decree 3/2011 of November 14th, Royal Decree 3/2010 of January 8th and organic law 15/1999 of December 13th of Spain.
j) 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 modality.
k) VORTAL is not allowed to forward a call to phone numbers, which imply additional costs to the user or consumer, in case of phone support, unless the consumer or user is duly informed about the additional costs and explicitly agrees.
l) Enable at least 5 login attempts to the platform with username and password. After failing the 5 attempts, the user account gets locked and an email will be send to the email address that is related with user, in order to unlock.
m) VORTAL grants the possibility of maintaining the data given by its clients, which have to be updated or modified by the economic operators or users themselves.
n) VORTAL undertakes to make its standard services available to economic operators, pursuant to the article 24, number 1 and 4 of the Portuguese Law 96/2015. These include the access to all the vital functionalities that allow for a complete development of public pre-contractual procedures.
o) VORTAL undertakes to guarantee the capability to allow generalized data exchange whenever possible and namely between different formats, applications or performance levels.
p) VORTAL undertakes to be based, whenever possible, on open norms pursuant to RNID that do not involve specific licensing costs by the users, making available all the applications that allow the upload of documents in the electronic platform.
q) VORTAL undertakes to fulfill and comply to the provisions in accordance to article 22, number 3 of Portuguese Law 96/2015.
r) As far as the interconnection to Portal BASE is concerned, VORTAL undertakes not to charge any costs to economic operators.
2.2. CUSTOMER obligations toward VORTAL:
a) Transmitting in exact and correct form the information solicited at the time of accession as well as in any interaction or contact with VORTAL. Any omissions or inaccuracies in information provided by the CUSTOMER shall be the CUSTOMER’s sole responsibility.
b) Complying with and enforce compliance of its representatives/users with use of the PLATFORM within the scope of the agreed or subscribed services according to the instructions, technical procedures or limitations communicated by VORTAL.
c) Maintaining an accurate and updated list of the CUSTOMER’s representatives/users with the necessary redundancy to preserve autonomy in the management of users and authorizations and updating information on the businesses and their respective PLATFORM users, and acting promptly to block access and request certificate revocation as necessary in case of termination of relations 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 access to the services and information contained in the PLATFORM with observance of the present terms and conditions of use with respect for the law, particularly personal rights and intellectual property rights, as well as the principles of public order, good custom and good business practices.
f) Not using any technology facilitating 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 undermine its performance.
h) How to use the platform effectively. a) Do not activate the "Back" and "Forward" buttons in the browser, especially during the transactional actions, and you must note that the platform has mechanisms (buttons) designed for that purpose. b) Do not simultaneously access through different browsers with the same user in the same company. c) Do not simultaneously edit the same object with two different users.
i) Do not upload files, which extensions are non-supported and are listed in the black list. The black list is published in the upload window of the platform. The file extensions that are not supported are: bat, reg, vbs, com, dll, exe, swf, ascx, asmx, asp, aspx, eml, htc, htm, html, ini, js, pif, wsdl, wsml.
j) Not divulging the contents, conditions, technical procedures or documentation delivered by VORTAL that may be directly or indirectly related the agreement for provision of services.
k) Not reproducing any consulted or accessed information in any form without authorization and instructions or expressed reference to the PLATFORM or commercializing it in any form whatever.
l) Maintaining the confidentiality and non-transmissibility of the user name, identity of users, passwords, private digital certificate keys, or other secret codes and ensuring that these are not communicated, copied or divulged, no matter the means employed.
m) Communicating, 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, which are the CUSTOMER’s sole responsibility, reserving 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) It is the responsibility of the contracting authority/buyer the selection of the companies to be invited to restricted procedures/requests. To do so, you should guarantee that the invitation is addressed to the correct company, by conducting the search with the correct fiscal ID e by checking the email address for alerts to be sent whenever applicable.
p) Anticipating actions in the PLATFORM, especially those that have to occur within a time limit, as a preventive to avoid jeopardizing the deadlines, considering that the average time for service activation and issuance of authentication certificates is 48h.
q) Considering the PLATFORM’s information retrieval 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, spam-blocking programs, considered junk-mail, etc.).
r) You 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.
s) You acknowledge that sending automatic emails alerts of notifications in the PLATFORM is a redundant functionality as they are only sent to one email address (if you have not set up an email address for interest, the email will be processed by the company profile email), whose correct definition and updating is the responsibility of the CUSTOMER with the responsible user having to access the PLATFORM on the company profile to carry out the update.
t) You acknowledge that any timer displayed on the platform (decreasing timer, timeline) is purely indicative, and the user must validate the corresponding date in the procedural details and he also has the option to consult the time in UTC (Coordinated Universal Time).
u) You acknowledge that all the dates displayed on the platform are in accordance with the timezone defined by the user, and if applicable in relation to the timezone defined in the procedure, the user always has the option to consult the time in UTC (Coordinated Universal Time).
v) You acknowledge that any timer has a direct relationship with the corresponding date that it represents (for example the submission date of bids), and the user always has the option to consult the time in UTC (Coordinated Universal Time).
w) You acknowledge that it is your responsibility to manage the time stamp balance.
x) You acknowledge that you are responsible for the information that you publish about your company in the Business Directory, and that you shall not publish content information that is misleading, slanderous, racist, sexual, political, moral or ethical.
y) You acknowledge that the acceptance of the Joining Terms and Conditions implies the acceptance of your company data being published in the Business Directory and specifically the inclusion of your company in the ranking system, the date of the last tender award and the submission date of the last bid.
z) Recognizing and accepting the implementation on behalf of 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 users from contracting authorities (clients) to guarantee their actions on the platform, the compliance of some of the provisions established in the legislation, namely the limitation of fixing the date/time limit for presenting replies solely during work days, helping the user to transfer the deadline to the following work day, every time that the deadline happens to be on nonworking hours/days.
aa) You acknowledge that the VORTAL ranking system does not qualify, distinguish or benefit companies but only defines the information and qualification criteria. VORTAL defines ratios and weightings for companies which the platform "scores" and which lead to their differentiation. Through the intrinsic platform dynamics, these results in a reputation benchmark compiled through ratings resulting from interaction in the platform.
bb) You 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. Amongst the qualified electronic signatures are for instance the certificate of qualified signatures of the citizen card or authorized entities to issue certificates, according to the announced list in TSL of GNS.
cc) You 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 or procedure.
dd) Recognize that VORTAL has no responsibility for the validation that Adobe makes on PDF signature certificate since it occurs outside the platform.
ee) You must ensure the proper submission of procedures, proposals, applications, solutions and messages, by consulting the receipts with submission confirmation.
ff) You 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.
gg) You acknowledge that an online support tool for using the platform is available which may clarify any questions as to its use.
hh) You acknowledge that after purchasing any of the services from the Online Shop, the corresponding services will only remain active after payment or a direct debit agreement.
ii) You acknowledge that you are responsible for the veracity of the information transmitted during the registration.
jj) You are responsible, where applicable, for the creation/acceptance of access requests and for the respective access and profile management, whether permanent or temporary, of all users with access to your company, and shall to this end, carry out all the necessary due diligence to identify users correctly.
kk) You must ensure that your work session has been fully closed when you logout of the platform, and you must confirm that has been performed successfully in terms of different applications.
ll) You must 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 may contact VORTAL in this regard if you do not receive the email or indication in the work area within 24 hours.
mm) You 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.
nn) 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 available through the footer link of the platform.
oo) You acknowledge that the person responsible for access and profile management, for creating or receiving an access request from a new user is responsible for adapting the access profile of this person according to need and the new registered user must communicate its registration to the responsible user.
pp) You must acknowledge that, if applicable, your company may be suggested in electronic public procurement, in limited scope, 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 user.
qq) 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 performance of the PLATFORM, 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 www.vortal.biz.
rr) You acknowledge that, in order to meet the established in article 42, number 5, line d) of Portuguese Law 96/2015, it is necessary to activate the functionality TLS in your internet browser. The activation of TLS can be made through the options of your internet browser.
2.4. VORTAL may use the provided contacts in the scope of providing services for commercial purposes and presentation of products and services. If the CUSTOMER does not want VORTAL to use this information for the purposes named above, he should send an e-mail to email@example.com.
3.1. VORTAL shall make every effort, including the use of technical and human means, to prevent any failure or defective performance of any of the services that it undertakes, and shall not be liable for:
a) The content of information transmitted via 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 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 or 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 client’s system or negligence.
f) Any failure in the security of communications originating in the client’s system or negligence.
g) The commission or incitement to acts considered criminal under Portuguese law, including injuries, defamation, calls for violence, disrespect of national symbols, promotion of racism, xenophobia, homophobia and any others.
3.2.1. According to the provisions in the article 21 of the Portuguese Law 96/2015, VORTAL provides IMPIC, I.P. and GNS with 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.
3.2.2. The occurrence of litigation between the CUSTOMER and third parties, other clients or users, whether sellers, buyers or others, according to Portuguese eProcurement law and ISO 27001 standard, VORTAL only provides information on access records (Article 33 of Ordinance No. 701-G/2008 of 29.7) to the owners of the information, the contracting 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 Portuguese Law 96/2015.
3.3. VORTAL reserves the right to initiate legal proceedings or provide the authorities with information permitting identification of anyone using the PLATFORM to commit or incite to acts considered criminal under Portuguese law, including injuries, defamation, calls for violence, disrespect of national symbols, promotion of racism, xenophobia, homophobia and any others.
3.4. Except in case of force majeure, the CUSTOMER shall be considered responsible according to the case(s):
3.4.1. With respect to VORTAL:
a) For compliance with any obligations resulting directly or indirectly from these Conditions.
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.
3.4.2. With respect to the buyer (when the CUSTOMER assumes the position of seller or service provider):
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 in codes 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 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 the information quoted in the same.
3.4.3. With respect to the seller (when the CUSTOMER assumes the position of buyer):
a) For compliance with that which has been contractually stipulated or legally imposed upon any purchaser 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 the information quoted in the same.
3.5. VORTAL is responsible for all services included in the scope of its electronic platform as well as for all the human resources which belong to its structural organization, even when these are provided by a third party operating on VORTAL’s behalf.
3.6. When applicable, and as long as there is no contractual provision with a Contracting Authority stating otherwise, the Economic Operator shall not have 2 or more Time Stamps simultaneously parameterized for consumption within the electronic platform.
3.7. VORTAL is not responsible for the provision of chronological validation of timestamping services, since such responsibility belongs to certifying bodies accredited for the provision of said services.
4.1. Access to provision of 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.
4.2. In the case of remote contracting, 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 CUSTOMER’s responsibility that the accession is effected by an employee with authorization/power to do so.
PRICE AND PAYMENTS
5.1. Except for UNIVERSAL clients 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 CUSTOMER’s turnover or acquisitions, or if there is a change in the price scale which applies to the customer.
5.3. Turnover 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. 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, notably payment within 30 days after the date of invoice.
5.7. In Portugal, it is the CUSTOMER’s 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.
5.8. VORTAL reserves the right to send electronic invoices relating to the subscribed services to the e-mail indicated for receipt of 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.
5.9. Special conditions for PRIVATE PROCUREMENT CUSTOMERS
a) 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.
b) 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.
c) 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.
d) 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.
e) 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.
5.10. Special conditions for PUBLIC PROCUREMENT CUSTOMERS
a) Compliance and monitoring of the award thresholds are the responsibility of the Contracting Authority in Portugal, under the terms of nr 2 of article 113 of the Public Procurement Code.
TERM AND AMENDMENTS
6.1. The contract for provision of services is valid for a period of 365 days (unless otherwise agreed) from the date of its execution 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 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 CLIENT 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. Within the scope of distance or off-premises contracts (as foreseen on “Decree-Law” 24/2014), the CUSTOMER accepts that the service provision begins during the period of withdrawal and declares that he was informed of the entirety of the required available pre-contractual information and that he shall have 14 days from the date of accession to the provision of services to rescind the contract without payment and without invoking just cause. If, after requesting for the service provision to begin within the withdrawal period, the CUSTOMER practices his right of withdrawal, he will be demanded to pay VORTAL an amount proportional to the one of the services already provided at the moment of the communication of the right of withdrawal, with regard to the set of foreseen provisions outlined in the contract.
7.3. In case of contractual non-compliance, VORTAL reserves the right to limit access to the subscribed service, as well as to demand full payment of the remaining contract and to demand compensation under general law.
7.4. VORTAL reserves the right to cancel or suspend the provision of subscribed services without penalty for non-compliance on the part of the CUSTOMER with obligations arising from the agreement or for technical reasons, which shall in any case be substantiated.
7.5. In case of 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.
7.6. 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 reactivate service Universal.
COMPANY AND PERSONAL DATA
8.1. Personal data which is collected and destined for use in the management of the contract established with the CUSTOMER.
8.2. The CUSTOMER promises to maintain 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 CUSTOMER authorizes VORTAL to use as a commercial reference data relative to works in progress, transactional turnover, total monies, goods or services, brands or products marketed or transacted, as well as its adhesion to agreed or subscribed services.
8.4. VORTAL’s management of all personal data is pursuant to the Data Protection Law and to the Regulation (EU) 2016/679 of the European Parliament and European Council of 27 April 2016.
Thus, as far as the data owner is concerned, personal data collected by VORTAL shall be treated licitly, staunchly and transparently. 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.
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 of the Data Protection Law and 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.
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 that handles personal data on behalf of VORTAL.
8.6. The processing of personal data by VORTAL 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.
PARTICULAR CONDITIONS AND ANNEXES
9.1. Data expressed on the form relative to a type or method of service(s) provision of subscribed company/companies integration, scope, specific conditions, process, 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, highlights and features, or other data directly or indirectly related, constitute private information and/or particular conditions and integrally make up the provision of services agreement.
9.2. In the case there are additional conditions stipulated in the Annexes, namely, between other parties, 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.
10.1. VORTAL provides a list of technical requirements and configurations which its electronic platform users should have and meet.
11.1. To adjust, interpret and resolve any dispute arising from the interpretation or execution of the agreement for provision of services and/or these General Conditions, which form an integral part of it, the Parties hereby elect the competent jurisdiction of the country where the contract is formalized, in the city where VORTAL is located, to the exclusion of any other.
12.1. VORTAL, as the author of collective work, is the holder of the intellectual and industrial property rights for the VORTAL systems and is 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 and VORTAL CORPORATE.
12.2. Under no circumstances is it understood that access, use or navigation implies a waiver, license or assignment of all or parts of those rights by VORTAL.
12.3. 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.
12.4. 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 Systems, without the express written consent or the holder(s) of the corresponding rights.
In particular, it is not permissible for the customer/user by any means, to transmit or distribute any VORTAL information or content and related electronics markets, except for uses permitted by law. The trademarks VORTAL, econstroi, vortalGOV, vortalHEALTH, vortalINDUSTRY, vortalOFFICE&SUPPLIES, vortalENERGY&UTILITIES, GuarantingTM, Pagamento Garantido®, VORTALNEXT, VORTAL CORPORATE and Supply CareTM are commercial trademarks of VORTAL.
12.5. If a customer/user detects any type of content that is contrary to current legislation in force, or that may be detrimental to users, we request that you contact us as soon as possible at the following address: firstname.lastname@example.org.
PRIVACY AND DATA PROTECTION
13.3. Within the scope of the Data Protection Law in Spain (Organic Law 15/1999, 13 December), in Portugal (Laws 67/98, 41/2004, 43/2004 and similar ones), as well as the REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND EUROPEAN COUNSIL of 27 April 2016, all personal data provided in the use of the platform will be treated in accordance with the Spanish and Portuguese Data Privacy Policies, which is accepted by all users upon registration in the platform. As such, upon acceptance of the current terms and conditions, the use of personal data in marketing and analysis tools of non-European use (Google Analytics or similar ones) shall be deemed as accepted by the user.
SECURITY AND TRUST
14.1. VORTAL is deeply committed to security, offering maximum guarantees of quality, security and integrity in all its services.
14.2. Therefore since 2007 it has been certified in accordance with the Standard IS0 27001 (International Standard on Information Security) as well as 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 methods.
14.3. 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.
14.4. 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-genera....
14.5. In case of business made in Spain, the parties are protected by CONFIANZA ONLINE . The parties submit themselves to refuse any other entity to solve conflicts and disclaims, beside the courts of the domicile of the customer. 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 extrajudiciary dispute resolution system of Confianza Online (www.confianzaonline.es).
Company: VORTAL - Com. Electrónico,Consult. e Multimédia SA
Headquarters: Rua Alfredo Allen, nº 455/461, 4200-135 Porto
VAT Number: 505141019
Public Registration: Registered in Commercial Registration entity of Oport with number 505141019
Telephone: 707 202 712
Company: 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
Published in April 6th 2017
Terms applicable from April 6th 2017 (included)