Effective Date: June, 2018
These terms define the general conditions of the Services. Each service in particular may have specific characteristics and specific conditions, which are detailed in "The Site" and are set out in a sales note (hereinafter, "Specific Terms") when a specific purchase is made. In case of conflict between the General Terms and the Specific Terms, the latter will prevail.
You must have a legal age to sign a binding agreement to accept the Terms. If you do not agree with the General Conditions, do not use any of our Services. If you accept the General Conditions and do not accept the specific Terms of Service, do not use the corresponding Service. You agree to the Services Terms and Conditions by registering on the www.hcmfront.com site, by checking a checkbox or by clicking on a button indicating your acceptance of the terms or using the Services.
The use of the Site expresses the full and unreserved user adhesion to these Terms and Conditions of Services. Through the Site, the user will access and / or use various Services made available to users by HCMFront and / or third party service providers, contracted by HCMFront. HCMFront shall have the right to deny, restrict or condition the user access to the Site, in whole or in part, in its sole discretion, as well as to modify the Services of the Site, at any time and without prior notice. The user acknowledges that some Services may be used only after registration or prior registration by the user.
The intellectual property rights regarding the Services and the distinctive signs and Site domains as well as the rights of use and exploitation thereof, including its disclosure, publication, reproduction, distribution and transformation, are the exclusive property of HCMFront. The user does not acquire any intellectual property rights for the simple use of the Services of the Site and at no time will such use be considered as an authorization or license to use the Services for purposes other than those contemplated in these Terms and Conditions of Use and Privacy. Any claim against content included in the Site, as a violation of copyright, must be reported to the following email firstname.lastname@example.org. strong>
The user agrees that the provisions set forth in number 2 above regarding the ownership of the rights of HCMFront are also applicable to the rights of third parties with respect to the Services of the pages linked to the portal.
We respect your right to ownership of the content created or stored by you. You own the content created or stored by you. Your use of the Services does not grant HCMFront the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for commercial, marketing or any other similar purpose of HCMFront. But you grant HCMFront permission to access, copy, distribute, store, transmit, reformat, and publish the content of your user account only as necessary for the purpose of providing the services.
Regarding Services provided by third parties within or through links to the Site (such as links, banners and buttons), HCMFront is exclusively limited, for the convenience of the user, to: (i) inform the user about them and (ii) provide a means to put the user in contact with suppliers and other users. HCMFront is not and can not be considered as a provider of the goods and / or services offered on these pages and / or sites. The inclusion of said pages and / or links does not imply the approval, endorsement, sponsorship, recommendation or guarantee, on the part of HCMFront, of the services and goods that are commercialized in them or of the content of said pages. All advice, advice, declaration, information and content of the linked third party pages or within the Site represent the opinions and judgments of said third party, consequently, HCMFront will not be responsible for any damage or harm suffered by the user as a result thereof, including, but not limited to, damages caused by the loss of data or programs.
The use of the Services of the site is the sole responsibility of the user, who in any case must use them according to the functionalities allowed on the Site itself and the authorized uses in these Terms and Conditions of Services, for which the user is obliged to use them in such a way that they do not violate the rules of use and coexistence on the Internet, the laws of Chile and the legislation in force in the country in which the user is using them, the good customs, the dignity of the person and the rights of third parties. The Portal is for personal and user use, so you can not commercialize the Services in any way, unless expressly authorized by HCMFront. The user will not have the right to limit or prevent any other user from using the site.
The service may include certain communications from HCMFront, such as service announcements, administrative messages, and newsletters. You understand that these communications will be considered part of your use of the Services. As part of our policy of providing total privacy, we also offer you the option to opt out of receiving newsletters from us. However, you can not choose not to receive service announcements or administrative messages.
HCMFront undertakes to keep confidential the information it receives and expressly accepts in such quality, from the user, in accordance with the provisions of the Confidentiality Agreement and that has such character, in accordance with the applicable legal provisions in Chile. HCMFront does not assume any obligation to keep confidential any other information that the user provides, either when registering to the Portal or at any other time, including that information that the user provides through newsletters, blackboards or online conversations (chats) .
By using the Site, the user authorizes HCMFront to use, publish, reproduce, disclose, publicly communicate and transmit non-confidential information or use such information to communicate directly with users.
a. Recurrent use: strong> The client ascribes to an annual plan, of monthly payment. It is understood as renewable in a tacit and automatic way, although the client may choose to cancel the service at any time, without additional charges. Each operating month of the system will be charged and invoiced, including the period fractions, pro rata, depending on the type of plan linked services and number of users. In this type of services, the prices of the services could vary, according to what is specified in point d), e) and f) of the section PRICES, PAYMENTS, AND BILLING.
b. Annualized plans: strong> The client executes the contract annually, through an annualized payment. In this case, the client insures the commercial conditions for the entire term paid.
a.Payment Terms. Strong> If you purchase a Service, you accept the Specific Conditions of said service, which are specified in the specific service you acquire, by means of a Sales Note or Invoice.
b. Charges. If there is a charge associated with one or more services that you have purchased, you agree to pay such charge. The price indicated for the Services includes all applicable taxes, unless otherwise specified. You are solely responsible for paying such taxes and other charges. Taxes are calculated based on your location at the time of registering the HCMFront account, unless otherwise indicated. We may suspend or cancel the Services if we do not receive the full payment from you on time. The suspension or cancellation of the Services due to non-payment may result in the loss of access to your HCMFront account and its content, as well as the use of both.
c. Payment Mechanisms. In order to pay the charges for a Service, you will be asked to provide a payment method at the moment of subscribing to such Service, either for monthly or annualized payments. You agree to allow HCMFront to use your updated account information regarding the selected payment method. You agree to keep your contact information and billing account current at all times. If you give us instructions to stop using your payment method, but do not provide us with another method of payment after we notify you that you must do so within a reasonable time, we may suspend or cancel your Payment Service for just cause. Changes made to the billing account will not affect the charges we make therein before we have reasonably been able to take the necessary steps to carry out such modifications.
d. Billing. By providing a method of payment to HCMFront, (i) you state that you are authorized to use the payment method you have provided and that the payment information you have provided is true and accurate; (ii) authorizes HCMFront to charge you for the Services or the content available using the payment method indicated by you and (iii) authorizes HCMFront to charge you any property of payment of the Services to which you choose to subscribe or use while these Terms are in effect. As specified, we may bill you in advance; (b) at the time of purchase; (c) shortly after purchase (d) periodically for Subscription Services, or (f) an annualized invoice. In addition, we may charge you up to the amount you have authorized and we will notify you in advance of any changes to the amount of the Periodical Subscription Services that you will be charged. We can invoice you at the same time for more than one previous billing period with respect to the amounts that have not been previously processed.
e. Periodic Payments. Strong> Payments for subscription plans of less than one year can only be made by Credit Card or any other automatic means of payment made available by HCMFront. Your subscription will be renewed automatically at the end of each subscription period, and will be charged on the first business day of the month, unless you reduce your paid subscription plan to a free plan or report that you do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the last credit card used by you. We offer you the option to change the details if you want the renewal payment to be made through a different credit card. If you do not wish to renew the subscription, you must inform us at least seven days before the renewal date. If you have not lowered to a free plan and if you have not informed us that you do not wish to renew your subscription, it will be assumed that you have authorized HCMFront to collect the subscription fee for the last credit card used by you. From time to time, we may change the price of any Service or charge for the use of the Services that are currently available for free. Any increase in charges will not apply until the expiration of your current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan.
f. Non-Periodic Payments. Strong> Payments for annual periods, or for longer periods, could operate in a mechanism different from those described in the preceding point, and payment terms may vary, as specified in each case as indicated by Order of Sale, Invoice or Contract Annex.
g. Refund Policy. Strong> You will be entitled to a cancellation period of ten (10) days from the date of purchase. If at the time of cancellation the Service has been partially provided, you will receive a prorated refund. To request a refund, you must contact us at email@example.com, explaining the reasons for the request, the type of service and the dates of purchase, as well as your Client data. If you consider HCMFront He has charged you by mistake, you must contact us through the same channel and we will investigate the collection. If we issue a refund or credit, we have no obligation to issue the same or similar refund in the future. HCMFront reserves the right to reject a reimbursement request if (i) you rightly consider that you breach these Terms or (ii) reasonably suspect that you use our Products or our Software fraudulently or that your HCMFront account is being used by fraudulent way by third parties. This refund policy does not affect your rights under the applicable law.
h. Trial Periods Offers. Strong> If you participate in any trial period offer, you must cancel the corresponding Services once the trial period is over to avoid incurring new charges, unless we notify you otherwise. If you do not cancel the Trial Services after the trial period ends, we may charge the Services at the price notified before the end of that period. Notwithstanding the foregoing, at the end of a trial period, HCMFront will delete the functions acquired as a test.
i. Promotional Offers. Strong> Occasionally, HCMFront may offer Services for a trial period free of charge. HCMFront reserves the right to charge you for such Services (at the normal rate) in the event that HCMFront determines (in its sole discretion) that you breach the terms and conditions of the offer.
j. Modification of Prices. Strong> If there is a fixed term and price for the offer of Services, said price will remain in effect during that period. If you wish to continue with the Services, you must accept a new offer and the corresponding price. If the Services are provided for indeterminate periods (for example, monthly) without specifying any duration and it is not a trial offer, we may change the price at our sole discretion, but we must inform you of it at least thirty (30) days before that the change takes effect. You will have the opportunity to cancel the Services before the price change occurs. When we notify you of the price change, we will also inform you that it will take effect if you do not cancel the Services. In the case of fixed-term plans, equal to or greater than 12 months, the price changes will have no effect for the entire period already paid.
k. Payments to Your Favor. Strong> If we owe you any payment, you agree to provide us in a timely and accurate manner all the information we need to send it to you. You are responsible for the taxes and charges incurred as a result of this payment in your favor. You must also comply with all other conditions that we establish in order to exercise your right to receive any payment. If we make a payment in your favor in error, we can reverse it or demand your payment. return. You agree to cooperate with us in our efforts in this regard. We may also reduce the payment on your behalf without prior notice to adjust any previous excess payments.
l. Delay in Payments. Strong> In case of late payments, you must pay the reasonable costs we incur to collect the amounts owed, including attorneys' fees, as well as legal fees and costs, as allowed by law. the laws and regulations in force. We may suspend or cancel the Services if you do not pay in full and on time after having sent a notice (with the threat of suspending or canceling the Services) to make the payment within an appropriate time. You can avoid suspension or cancellation by making the required payment within the appropriate time frame stated in the notice. A different procedure will apply if the missing amount is marginal. The amounts that are missing and are less than 2 % of the total value of the invoice will always be considered marginal. Suspension or cancellation of the Services for non-payment could result in the loss of access to your HCMFront account.
We reserve the right to cancel unpaid user accounts that are inactive for a continuous period of 120 days. In the case of such termination, all data associated with said user account will be deleted. We will provide you with a prior notice of such termination and option to back up your data. The data deletion policy can be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, the activity in one of the services is not enough to keep your user account active in another service. In the case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.
The services availability levels, as well as the communication channels and answering timing to the Clients, are specified in the Service Level Agreement (hereinafter, "ANS"). HCMFront does not guarantee the availability and continuity of the operation of the Site and the Services, nor the usefulness of the Site or the Services in relation to any specific activity. HCMFront will not be responsible for any damage or loss, of any nature that may be caused due to lack of availability or continuity of operation of the Site and / or Services, unless the ANS specifies otherwise. However, neither HCMFront, nor its suppliers or commercial partners will be liable for any loss or damage suffered by the user as a result of inaccuracies, typographical errors and / or content uploaded by other users of the system. The recommendations and advice obtained through the Site are of a general nature, and do not require personal decision making. HCMFront reserves the right to remove any account, text, photo or content that is included in the Site at its sole discretion. Any claim against content included in the portal as a violation of copyright must be communicated to the following email firstname.lastname@example.org. The letter of claim must include the following information: Name of the owner of the rights infringed or of the representative who must have a domicile or residence in Chile and have judicial power in his case; the rights allegedly infringed are identified, with precise indication of the ownership of these and the modality of the infraction; identify the infringing material and its location in the networks or systems of the service provider to whom the communication is sent, through the URL or its equivalents and other data that allows the ISP to identify the user provider of the alleged infringing material.
Any difficulty or controversy that may arise between the contracting parties regarding the application, interpretation, duration, validity or execution of this Agreement, will be solved by an arbitrator in terms of the procedure but of the right to decide, which will be designated according to the rules of the Arbitration and Mediation Center of the Santiago Chamber of Commerce A.G. The parties confer irrevocable special power to the Santiago AG Chamber of Commerce, so that, at the request of either of them, it may appoint the arbitrator as to the procedure and the right regarding the ruling of the members of the arbitration body of the Center of Commerce, Arbitration and Mediation referred to above. The arbitrator is specially empowered to resolve any matter related to his competence and / or jurisdiction.
The client may assign this contract and his rights to another company, if he so wishes, to the extent that he maintains the conditions of services and payments. HCMFront may not assign this contract to any other company, unless expressly authorized by the client.
For all purposes of this Agreement, the Parties fix their conventional address in the city and commune of Santiago de Chile and submit to the jurisdiction of the after mentioned arbitral tribunal.
This agreement is perfected with the consent expressed by the parties in the portal www.hcmfront.com, consequently, as of said manifestation this agreement is legally binding for the parties. If required, the client can access a copy of this contract through his HCMFront account.
The termination date of this agreement will be governed by the purchase and payment agreed specifically for each case associated with this document. If you have any questions regarding this agreement or any of the other legal documents related to this agreement, please write to us at email@example.com .