Terms of service

GENERAL CONTRACTING CONDITIONS

1. GENERAL INFORMATION

These general contracting conditions constitute (hereinafter, the "Conditions" or the "agreement") the agreement concluded between the client of the Holatax platform (hereinafter, the "Client") and Holatax.

The access and use of the service provided by Holatax and through its platform accessible through the website www.holatax.es (hereinafter, the "Platform" or the "Website") implies the express and unreserved acceptance of all terms of these Conditions. Its observance and compliance will be enforceable with respect to any Client who makes use of the service provided by Holatax, that is, a service consisting of filling in and submitting to the Spanish Tax Agency the declaration of Non-Resident Income Tax (IRNR) by imputation of Income derived from real estate based on data provided directly by the client, all through a Saas (Software as a service of "software as a service") owned by Holatax (hereinafter, the "Services")

Company name: HOLATAX 2021, S.L. (hereinafter, "Holatax")

Address: Calle Rafalet number 8, Santanyí (Zip Code 07650), Mallorca, Spain.

N.I.F .: B16753337

Email: hello@holatax.es

For access to the website, the registration of the Clients will not be required. However, to use Holatax services, Customer registration and acceptance of these Conditions will be required.

2. THE CUSTOMER

In order to receive the service offered by Holatax through the Website, it will be necessary for the Client to enter their identifying data, such as name, surname, email, telephone, address, nationality, as well as financial and tax data necessary for the correct provision. of the Services by Holatax. In addition, for the beginning of the provision of the Services it will be necessary for the Client to proceed to pay them according to the rates that are published at all times on the website, through a payment gateway.

The Client will be responsible for maintaining the confidentiality of the data and information provided and for restricting access to their computer and their access codes to avoid possible unauthorized uses.

The Client must verify that their data is correct and complete and inform Holatax when there is any variation and / or modification in the information provided in the purchase process.

3. PROVISION OF SERVICES

The service offered through the Platform is intended to provide a service for filing the Non-Resident Income Tax return (Form 210) for imputation of real estate income to the Spanish Tax Agency. The information in the declaration will be provided by the Client through the Platform.

The specific services that Holatax allows will be published at all times on the website www.holatax.es and the steps to follow to access them.

While Holatax takes reasonable physical, technical and administrative measures to secure the service, Holatax does not guarantee that the service cannot be compromised. The client understands that the service may not be error-free and that its use may be interrupted.

4. PRICE AND PAYMENT METHOD

Once the data on the form has been completed, the Client must proceed to pay the order through the means of payment specified on the Platform.

After the payment is made, the Client will receive a confirmation email, which will include a summary of the service.

If at the time of payment there is an incident that prevents payment, the Customer will receive an automatic payment error message and their order will not be processed until the payment process is successfully completed.

The prices of the services are expressed in euros on the Platform, including taxes, the amount of which will be indicated at the time of final confirmation of each order.

All the prices shown are final prices, the Value Added Tax (VAT) being expressly included, without prejudice to the fact that the Client will have detailed information on the price at all times

5. RIGHT OF WITHDRAWAL

The Client will not have the right to withdraw from the contract once the confirmation email has been executed and received. In this sense, article 103 a) of RDL 1/2007 of November 16, which approves the General Law for the defense of consumers and users, indicates that "the right of withdrawal will not be applicable to contracts that are refer to the provision of services, once the service has been fully executed”. The reason for this is that, once the required information has been filled in and sent, it is sent directly to the Tax Agency for the filing of the return automatically, which is why the Holatax Service is considered performed.

6. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

Intellectual property rights of Holatax or inserted in the Website.

Holatax is the owner or, where appropriate, has the corresponding licenses on the exploitation rights of intellectual and industrial property necessary to operate the Website, as well as all the content offered therein, including the Website itself, texts, photographs or illustrations, logos, brands, graphics, designs, interfaces, or any other information or content, and the services available through it.

In no case will it be understood that the access, navigation and use of the Website by the Client implies a waiver, transmission, license or total or partial cession of said rights by Holatax. The Client has a right to use the contents and / or services of the Website within a strictly domestic scope and solely for the purpose of enjoying the benefits of the service in accordance with these Conditions.

References to trademarks or registered trade names, or other distinctive signs, whether owned by the Owner or third parties, imply the prohibition on their use without the consent of the Owner or their legitimate owners. At no time does the access, navigation or use of the Website and / or its contents confer on the Client any right over distinctive signs included therein, unless otherwise provided in these Conditions.

All intellectual and industrial property rights over the contents and / or services of the Website are reserved and, in particular, it is prohibited to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, the entirety or part of the contents included in the Website, for any purpose, if you do not have the prior, express and written authorization of Holatax or, where appropriate, of the owner of the corresponding rights.

Likewise, it is prohibited to suppress or manipulate the copyright or other credits indications that identify the holders of rights of the contents that the Client finds on the Website, as well as the technical protection devices, fingerprints, or any protection mechanism. or information incorporated into the content offered on the Website.

Holatax is not obliged to know or evaluate the content that clients upload to the platform. In the event that the client sends information or content of any kind through any of the channels enabled for this purpose, the client declares, guarantees and accepts that said information does not infringe any intellectual or industrial property rights, trade secrets or any other. rights of third parties and that such information is not harmful to third parties.

The client acknowledges assuming responsibility, leaving the owner harmless, for any communication or content that he sends personally or on his behalf.

If the Client becomes aware of the existence of any illicit, illegal content, contrary to the laws or that could imply an infringement of intellectual, industrial property rights, or of any other nature, he must immediately notify Holatax through the address of email hello@holatax.es so that it can proceed to the adoption of the appropriate measures.

Likewise, in the event that any Client or third party considers that any of the contents of the Website owned by Holatax violates their intellectual, industrial, or other property rights, they must send a communication to hello@holatax.es with the following information:

1. Identification data and means of contact of the claimant or his legal representative;

2. Documentation that proves your condition as the owner of the rights allegedly infringed;

3. Detailed account of the rights allegedly infringed by Holatax, as well as their exact location within the Website;

4. Express declaration by the claimant that the use of the contents has been made without the consent of the owner of the rights allegedly infringed.

7. RULES OF USE OF THE WEBSITE

The following list is not allowed and, therefore, its consequences will be the sole responsibility of the Client, without being limiting:

1. Access to or use of the website for illegal or unauthorized purposes, for profit or not.

2. Use the Website in any way that may cause damage, interruptions, inefficiencies or defects in its operation or in the computer equipment of a third party;

3. Use the Website for the transmission, installation or publication of any virus, malicious code or other harmful programs or files;

4. Use the Website to collect personal data from other Clients;

5. Using the Website illegally, against good faith, morals and public order;

6. Register through the Website with a false identity, impersonating third parties or using a profile or taking any other action that may confuse other Clients about the Client's identity;

7. Access without authorization to any section of the Website, to other systems or networks connected to the Website, to the Holatax servers, or to the services offered through the Website, by means of hacking or falsification, password extraction or any other other illegitimate means;

8. Breaking, or attempting to breach, the security or authentication measures of the Website or any network connected to it, or the security or protection measures inherent to the content offered on the Website;

9. Carry out any action that causes a disproportionate or unnecessary saturation in the infrastructure of the Website or in the systems or networks of the Owner, as well as in the systems and networks connected to the Website; or

10. Prevent the normal development of an event, contest, promotion or any other activity available through the Website or any of its functionalities, either by altering or trying to alter, illegally or in any other way, access, participation or operation of those, or falsifying the result thereof and / or using fraudulent participation methods, through any procedure, and / or through any practice that violates or violates these Conditions.

Failure to comply with any of the above obligations by the Client may entail the adoption by Holatax of the appropriate measures covered by Law and in the exercise of its rights or obligations, which may lead to the elimination or blocking of the account of the offending Client, without that there is any possibility of compensation for the damages caused.

8. RESPONSIBILITIES AND GUARANTEES

Holatax declares that it has adopted all the necessary measures, within its possibilities and the state of the art, to guarantee the operation of the Website and minimize system errors, both from a technical point of view and the content published on the website.

Holatax will not be responsible for the veracity, integrity or updating of the information published on the Website from sources outside it, as well as those contained in other platforms to which it is linked from the Website. Holatax will not assume responsibility for hypothetical damages that may arise from the use of the aforementioned information.

Holatax will not be liable for causes beyond its control, among which may be listed in a non-limiting manner: force majeure, Internet access problems, technological problems beyond the diligent and reasonable management of the Holder, actions or omissions of third parties, etc. In all the aforementioned cases, beyond the control and due diligence of Holatax, there will be no compensation from Holatax to the Client for damages, to the extent permitted by current legislation.

Holatax wishes to emphasize the prohibition of carrying out any activity through the platform that involves an illicit use of copyrights corresponding to the audio files uploaded to the platform.

The total liability of Holatax arising from this agreement - whether contractual or non-contractual - will not exceed the cost paid by the Client within the 3 months prior to the event that gave rise to the liability.

If any third party files a claim against Holatax, or requires Holatax to respond to a judicial body, in relation to the actions, omissions, data or information of the Client within the Software, the Client will assume such responsibility and will hold Holatax harmless from damages, losses and expenses of any kind (including reasonable legal fees and costs) related to such claim or request.

Holatax does not assume any responsibility towards the Client in the cases in which the Client does not meet their tax obligation if they had unsubscribed from Holatax after registering, or in case of not being up-to-date in the payment of the contracted subscription. Holatax will not carry out actions with the client in periods in which the Client is not up-to-date in the payment of his subscription.

9. PRIVACY AND DATA PROTECTION POLICY

Through this Contract, the Client gives his express consent for the collection and processing of his personal data that are necessary for the provision of the service regulated in these Conditions and for the sending of newsletters and advertising of products and services related to the services. offered on the website.

In any case, in accordance with the provisions of the Law on Protection of Personal Data, the confidentiality of all the data provided by the Client is guaranteed, which will only be used for the purposes set out in this contract and that all the necessary Relevant security measures, both in computer and paper files, in order to guarantee compliance with the law and their security and privacy.

The Client can exercise the rights of access, opposition, rectification and cancellation of their data, by writing to Holatax or by email to the address: hello@holatax.es, indicating their name, ID number and the clear expression of their desire.

10. PARTIAL VALIDITY OF THE GENERAL CONDITIONS

In accordance with article 10 of Law 7/1998, of April 13, on General Contracting Conditions, the eventual nullity of any of the above general conditions, its legal ineffectiveness or practical inapplicability will not affect the validity and effectiveness full of the rest of the general conditions.

11. DURATION AND TERMINATION

These Conditions will be in force at the time of their acceptance and will be in force until December 31 of each year.

The Customer's data will be available to the Customer upon request in writing within the 90-day period.

After that 90 day period, Holatax has no obligation to maintain Customer Data and may destroy it.

Upon termination of this agreement, the Client must pay Holatax any amount due and not paid and return to Holatax, if applicable, any files, information or works owned by Holatax. At Holatax's request, the Customer will confirm in writing their compliance with this destruction or return requirement.

12. MISCELLANEOUS

a) Integrity of the agreement

This agreement, the Holatax Privacy Policy and the Website Legal Notice, constitute the entire agreement between the parties and supersede any previous or contemporary negotiation or agreement, whether oral or written, related to this matter. No representation, promise or incentive not included in this agreement will be binding. No modification of this agreement is effective unless signed by both parties, and no waiver is effective unless the waiver signs a written waiver as provided in clause 11.

If any of the conditions in this agreement are invalid or unenforceable, the other conditions will remain in effect. Except for payment of money, neither party is liable for events beyond its reasonable control, including, without limitation, events of force majeure.

b) Assignment of the contract

Neither party may assign this agreement to a third party.

c) Independent parties

The parties are independent of each other.

d) Order of prevalence between general and specific conditions

If there is an inconsistency between this agreement and the specific conditions accepted by the Client through the Platform, the latter prevail.

e) Continuity of clauses of the agreement

Any term or condition of the agreement that by its nature must remain in force at the end of the agreement for a party to assert its rights, will survive and remain in force.

f) Modifications:

We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here and by email.

g) Notifications:

All communications with Holatax will be carried out through the Platform or through the following email: hello@holatax.es.