STUDYTASK CONTRACT

Standard Terms & Conditions

 

TASK & TIME, SL has developed a computer program for the management of the time spent in carrying out the school tasks entrusted by the teachers to the students of educational centers, which is their entire property, whose technical specifications and conditions of use are Attached in Annex I of this document.

Through this contract TASK & TIME, SL transfers the use to the LICENSEE of the computer program called StudyTask, consisting of a multi-device and multi-platform web application / tool, which is owned by the former, for its use, whose technical specifications and conditions of use are attached in Annex I.

The license granted has the character of non-transferable and non-exclusive. The license for use is granted for the use of the program during the academic year 2018-2019.

For the purposes of this contract, the academic year is understood as the period between September 1 of one year and August 31 of the following year.

Once the term has elapsed, this will be extended for academic courses, until either party at least 45 days in advance communicates to the other party its will not to renew it.

Despite the term established, THE LICENSEE may withdraw from this contract within THIRTY DAYS from the date on which TASK & TIME, SL notifies you that the software is fully operational and available for use .

In the event of withdrawal, THE LICENSEE will not be obliged to pay any amount for the period of time that the software has been used, except for the cost of discharging the service according to the price indicated in Annex II.

The price established in Annex II shall be paid in full to the presentation of the invoice. In case of withdrawal, the reimbursable items of the invoice will be paid as shown in Annex II. Prices are without VAT unless otherwise indicated, increasing the corresponding VAT on the invoice.

TASK & TIME, SL will carry out all the necessary and reasonable tasks so that the software object of this contract can be fully operative in the devices of the users authorized by THE LICENSEE and will form for its use the people designated by it.

During the term of the contract, TASK & TIME, SL will provide the LICENSEE any updates or changes that may be made to the program completely free of charge.

Within the technical assistance, all those errors, changes, defects, etc. are totally excluded. that originate as a result of the manipulation of the computer program, that is, manipulation of its structures, source codes, configurations, etc., by people outside TASK & TIME, SL

Neither will the possible failures that occur due to deficiencies in the LICENSEE‘s equipment be covered, or for failing to comply with the instructions and recommendations for use of the computer application, as well as for any anomalies that are not directly attributable to TASK & TIME, SL.

The Intellectual Property of the licensee software is solely and exclusively TASK & TIME, SL.

This intellectual property covers the computer program, its source code and the structure of its database.

It is expressly prohibited by the LICENSEE the reproduction, transmission to other computer equipment, modification, adaptation, maintenance, correction of errors, assignment, sale, lease, loan, cession of partial or total use, transmission of the right of use, disclosure, publication, etc., of the licensee software program, with the logical exception of the use by the direct employees of the LICENSEE.

Also, in everything that has not been expressly regulated in this contract, the parties refer to what is established by the Intellectual Property legislation.

This contract will be terminated due to breach by the parties of any of the obligations assumed therein.

In addition, it will be extinguished for all those causes established in the Intellectual Property Law.

TASK & TIME, SL will not be able to use the personal data that are introduced by the authorized users by THE LICENSEE in the databases created by the software object of this contract, although it will be able to analyze and make statistical studies or of any kind about the non-personal data that are introduced, for the support of teaching activities. In compliance with the data protection laws, Annex III contains the legal notice and the privacy policy that affects the service object of the contract.

The English version is provided as a truthful translation, however in case of discrepancies about the ANEXES the Spanish version will be used as the only one valid.

For any doubt, question or divergence that could arise in relation to the interpretation or execution of this contract, the parties agree, waiving their jurisdiction and jurisdiction, submit them to the Courts and Tribunals of the city of Madrid.

 

 

 

ANNEX I

Technical and usage specifications of STUDYTASK

It is a multi-device web application (mobile, tablet PC), multiplatform (Linux, Windows, IOS), multi-language and multi-user (administrator, teacher, supervisor). For its operation requires an internet connection and a browser, allowing the most common on the market: Chrome, Mozilla, IE and Safari, on the most common operating systems: Windows, Android, IOS and Linux.

It is designed to adapt to most devices in any of the desktop, tablet and mobile formats. There may be significant design variations in the adaptation process that are not fully controllable given the huge variety of combinations of operating systems, browsers and existing screen sizes. We therefore ask that we communicate that combination that compromises the usability of the tool to be able to solve it as soon as possible. Therefore, we guarantee that it can be used absolutely in any combination of operating system, device and browser.

 

Basic functionalities

The purpose of the tool is to measure the workload of the students by means of the time estimates on the tasks that the teachers introduce in the system and favor the coordination between the teachers in real time so that they can control collaboratively the amount of load and its distribution over time.

To achieve this, the tool requires warning boundaries in the face of overloads that must be established by the person responsible for the tool according to their own pedagogical criteria.

Based on them, it issues warnings of overload and diagnoses on the causes of those work overflows through indicators and graphs.

The way of ordering the tasks, the calculation of the overloads, the indicators of diagnosis of the same ones and their way of obtaining is original of Task & Time, and they are built on simple and common-sense pedagogical rules.

These specifications are not intended or can be exhaustive and must be completed with updated information and offered through the portal and our social networks. Precisely because of the living nature of the tool and the commitment of the Company with its constant improvement.

 

ANNEX II

General rates course 2019

Activation of the service: € 181.50 (implementation of the tool in the center the first year)

This concept includes up to 5 hours of training for those responsible and users of the tool belonging to the center and the support in the introduction of the data until the start of the tool in optimal service conditions.

Service: includes the usual operation of the tool for all users and the telephone technical support service on +34 91 060 7882 or contact means published on www.taskntime.org.

Price per group

Till 10 groups € 125,00
from 11 to 20  € 100,00
from 21 to 30 € 75,00
from 31 to 40 € 50,00
More than 40  € 38,00

In the case of contracting the service with the course started, the proportional part of the price will be charged. For example, a quarter would be worth a third.

The payment is made when hiring the service. The client has a trial month in which he can cancel the contract and get the refund of the amount (except the amount of the registration, which does not allow for a refund).

This Anex II will record the special promotions and discounts for each particular contract and will be revised every year for new contracts

 Face-to-face training: € 150 / h + displacement

It is done at the request of the client for specific training needs that have been detected on the use of the tool and its understanding. The minimum contract is one hour, and it is hourly rate. The displacement has zero cost for clients located less than 100 km away from Madrid capital. After this distance, the price should be consulted on a case-by-case basis.

Payment will be made by bank transfer to the account owned by the company Task & Time, S.L. with IBAN: ES32 2100 2285 8102 0039 1549

    

ANNEX III

 Legal Notice & Privacy Policy

  1. GENERAL INFORMATION

 In order to comply with the provisions of Law 34/2002, of July 11, services of the information society and electronic commerce (“LSSICE”), we inform you that TASK & TIME SL, as a service provider of the information society through the website of your property www.taskntime.org (hereinafter, the “Web”), and of your web application Studytask (hereinafter, the “App”, under the domain www.studytask.org, also owned by the aforementioned company, brings to your attention the following information:

  • Company name: Task & Time, Limited Company (hereinafter “Task & Time”)
  • Tax identification number: B87889382
  • Registered office / contact: c / Plank 6, 28914 Leganés (Madrid)
  • Email: info@taskntime.org
  • Phone: +34 91 060 7882
  • Registered in the Mercantile Registry of Madrid, on 08/21/2017, in volume 36299, folio 73, inscription 1 with sheet M-652190
  1. CONTENT OF THE LEGAL NOTICE

Through this Legal Notice, it is intended to regulate the access and use of the Web / App, as well as the relationship between Web / App and the users and / or customers of said services (hereinafter, jointly called the “User”). 

  1. OBJECT OF THE WEB / App

It is the purpose of the Website to inform the User about the services provided by Task & Time and the provision thereof to the User through the Web and the App. 

  1. USE OF THE WEB / App AND ACCEPTANCE OF THE LEGAL NOTICE

4.1. With the use of the Web / App, the User accepts and admits the legal warnings, conditions and terms of use contained therein, at every moment that accesses the Web / App and uses it.

4.2. In any case, the User will refrain from using any of its services and / or contents for illicit purposes or effects, prohibited in this Legal Notice, harmful to the rights and interests of third parties or that in any way may damage, disable, overload , deteriorate or prevent the normal use of the Web / App, services, content, computer equipment or documents, files and all kinds of content stored on any computer (hacking) Task & Time, other Users or any internet user (hardware and software).

4.3. Task & Time may withdraw or suspend – at any time and without prior notice – access to the Web / App, the provision of services and / or access to services and / or contents to the User who fails to comply with it. established in this Legal Notice.

  1. CONDITIONS OF ACCESS TO THE WEB / APPLICATION AND COMMITMENTS OF THE USER

5.1. The use of the Web / App and access to the contents thereof does not require, in general, the prior subscription or registration of the User, although, Task & Time conditions the access to certain contents of the Website and / or the provision of certain services to the prior completion of a registration form and compliance with certain requirements; all in the terms and conditions indicated at the time.

5.2. The access and use of the Web / App is the exclusive responsibility of the person who carries it out. Consequently, the User accepts and acknowledges, voluntarily, that the use of the Web / App, of its information, services and contents, will take place under its sole and exclusive responsibility and that any risks arising will be assumed by the User, exclusively and without limitation.

5.3. The User shall be solely responsible for any damages suffered by the computer system and / or losses resulting from possible downloads of documentation or use of any elements of the Web / App.

5.4. The User will refrain from (i) sending chains of electronic messages not requested or previously consented; (ii) forward any other messages not requested or previously consented to a plurality of people; (iii) collect data for advertising purposes and send advertising of any kind and communications for sale or other commercial purposes without your prior request or consent; (iv) use distribution lists that can be accessed through the services for carrying out the activities indicated in the first three sections; (v) make available to third parties, for any purpose, data collected from distribution lists.

  1. ESTABLISHMENT OF LINKS WITH THE WEB / App

6.1. It will be possible to establish a link to the Web / App, from another website / App, as long as the following conditions are met: (i) the link will only allow access to the homepage of the Web / App, but will not be able to reproduce it in any way; (ii) a “frame”, “browser” or frame or an environment or navigation bar will not be created on any of the pages of the Web / App; (iii) there will be no false, inaccurate, incorrect or denigrating statements or indications about Task & Time; (iv) it will not be declared or implied that Task & Time has authorized the link or that it has supervised or assumed, in any way, the services offered or made available to the Web / App in which the link to the Web / App; (v) the web page / App in which the link is established will not contain any trademark, trade name, establishment label, denomination, logo, slogan or other distinctive signs belonging to Task & Time, except for those signs that are part of from the same link; (vi) the web page / App in which the link is established will not contain illegal information or content, contrary to morality and generally accepted good customs and public order, nor will it contain contents that are contrary to any third party rights.

6.2. The establishment of a link to the Web / App will not imply, in any case, the existence of relations between Task & Time and the owner of the web page / App in which it is established, nor the acceptance and approval by Task & Time. of its contents or services.

  1. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS

7.1. The contents of the Web / App that may be subject to industrial and / or intellectual property rights, such as copyright, trademarks, trade names, distinctive signs, illustrations, designs, icons, graphics, photographs, images, etc., that appear in it, they are owned by Task & Time or by duly identified third parties, who also have the exclusive exercise of exploitation rights in any form.

7.2. The use or access to the services and / or contents of the Web / App, does not attribute to the User, right, ownership or ownership of them. Likewise, its reproduction or improper use does not entail the transfer of any right over them, giving rise to the responsibilities legally established in the case of injury.

7.3. In the possible references that Task & Time makes in the Web / App of products and / or services of third parties, it recognizes, in favor of its respective owners, the corresponding rights of industrial and intellectual property, not implying its mere mention or appearance in the Web / App, the existence of rights or responsibility of Task & Time over them, as well as no endorsement, sponsorship or recommendation by Task & Time.

  1. LIMITATION AND / OR EXCLUSION OF WARRANTIES AND LIABILITY

8.1. Task & Time declares that it has adopted all the necessary measures, within its possibilities and the state of technology, to guarantee the functioning of the Website and to avoid the existence and transmission of viruses and other harmful components to Users.

8.2. Notwithstanding the foregoing, Task & Time does not guarantee, nor does it assume any responsibility regarding:

  • To the User using the Web / App, its services and / or contents in accordance with this Legal Notice.
  • The availability and continuity of the functioning of the Web / App and its services.
  • That the User can effectively use the Web / App and its services, or access the different web pages that make up the Web / App.
  • To the privacy and security of the use of the Web / App and its services.
  • The absence of viruses or other elements in the contents that may produce alterations in your computer system (software and hardware) or in the electronic documents and files stored in your computer system.
  • To the legality, reliability and usefulness of the contents of the Web / App.
  • To the veracity, accuracy, completeness and timeliness of the contents of the Web / App, or of the data provided by the User about themselves to other Users.
  • Damages of any nature that may be due to the impersonation of the personality of a third party made by the User in any kind of communication made through the Web / App.
  • To possible services provided by third parties, advertised or offered through the Web / App.
  • To the information and contents of Task & Time hosted outside the Web / App.
  1. PRIVACY POLICY

9.1. Task & Time, S.L. (hereinafter “RESPONSIBLE“), is responsible for the treatment of personal data of the User and informs you that these data will be treated in accordance with the provisions of Regulation (EU) 2016/679 of April 27, 2016 (GDPR) regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data, for which the following treatment information is provided:

9.1.1. End of the treatment: maintain a commercial relationship with the User. The operations planned to carry out the treatment are:

  • manage the personal data provided by the User through the Web / App and, in particular, to provide information regarding the services of Task & Time and manage and maintain the commercial relationship in case of contracting the products and services offered to through the Web / App of Task & Time;
  • the submission of information about Task & Time services that may be of interest to the User;
  • manage queries, suggestions or any other request made or requested by the User;
  • respond to the suggestions or claims of the Users;
  • provide the services requested by the Users registered in the Web / App of Task & Time;
  • provide accounts and tools to registered Users, so they can manage and update their personal and professional information;
  • manage the relationship between Task & Time and the collaborators, in order to provide the services to the User;
  • the management of training courses and actions;
  • manage, manage, expand and improve the services to which the user had decided to subscribe or contract;
  • make advertising and commercial information about the activity of Task & Time, as well as contests, products, services, offers, special promotions, etc.

The User accepts and authorize his data to be processed by TASK & TIME, for the purposes indicated above and to send him/her, by any means, including electronic means (SMS, email), newsletters (Newsletters) informing about TASK & TIME products or services and courtesy communications (for a valid acceptation and authorization there will be box to be marked by the user in the contract)

However, the user can oppose the receipt of these commercial communications, through the simple and free procedure enabled in the shipment you receive or, if applicable, by sending us an email to info@taskntime.org

9.1.2. Data retention criteria: The data will be kept as long as the User does not revoke the consent or opposes this treatment using the means indicated below.

9.1.3. Communication of data: The information provided will not be transferred or communicated to third parties except to service providers with access to data. The data may only be transferred, where appropriate, to suppliers with access to data with whom the obligations and responsibilities assumed in the processing of data are formalized, acting as Treatment Managers, which are strictly necessary to fulfill the purpose of the present contract.

9.1.4. Rights that assist the User:

  • Right to withdraw consent at any time.
  • Right of access, rectification, portability and deletion of your data and the limitation or opposition to its processing.
  • Right to file a claim with the control authority (agpd.es) if it considers that the treatment does not comply with current regulations.

9.1.5. Data of the Responsible to exercise their rights:

  • Task & Time, S.L.
  • NIF: B87889382
  • Postal address: C / Planck nº 6; 28914-Leganés (Madrid)
  • Email: info@taskntime.org

To exercise your rights, you must do so by means of the corresponding written document signed electronically or accompanied by a photocopy of the DNI. If acting through a representative, in the same way must be accompanied by a copy of your ID or electronic signature.

The writings must be sent by postal mail to the address that appears in the section “Data of the Responsible Party”.

The maximum term to resolve is one month from the receipt of your request, and may be extended for two more months depending on the complexity of the same or the number of applications received.

In the case of any modification of your data, we thank you for communicating it in writing in order to keep your data updated.

9.2. Guarantee and exemption of responsibility in the information provided by the User:

The User, through the signing of this agreement, guarantees to Task & Time that the personal data information of individuals to which Task & Time has access during the term of this agreement and in compliance with the object regulated herein, is information truthful and the consent for its treatment has been legitimately and expressly obtained by the user to comply with the rights and obligations stipulated in this contract, leaving Task & Time exempt from any liability or claim that may be made by the affected person or a third party.

The User will be solely responsible for communicating to Task & Time any modification of the personal data of the individuals to the Task & Time have access during the term of this contract and in compliance with the object here regulated.

9.3. Security measures:

In accordance with the regulations in force in protection of personal data, the RESPONSIBLE is complying with all the provisions of the GDPR regulations for the treatment of personal data of their responsibility, and manifestly with the principles described in article 5 of the GDPR , by which they are treated in a lawful, loyal and transparent manner in relation to the interested party and adequate, relevant and limited to what is necessary in relation to the purposes for which they are treated.

The RESPONSIBLE guarantees that he has implemented appropriate technical and organizational policies to apply the security measures established by the GDPR in order to protect the rights and freedoms of the Users and has communicated the appropriate information so that they can exercise them.

  1. COOKIES POLICY

10.1. The Web / App uses Cookies to ensure its correct functioning, as well as to improve and optimize the User’s experience. Cookies means any type of file or device that is downloaded to a user’s terminal equipment for the purpose of storing data that can be updated and retrieved by the entity responsible for its installation.

10.2. Cookies allow the storage in the user’s terminal of data quantities ranging from a few kilobytes to several Megabytes.

10.3. Browsing the Web / App means accepting the possible installation of the following Cookies:

o Own cookies: These are those that are sent to the user’s terminal equipment from a computer or domain managed by the editor itself and from which the service requested by the user is provided.

o Session Cookies: These are a type of cookies designed to collect and store data while the user accesses a web page.

o Persistent cookies: They are a type of cookies in which the data is still stored in the terminal and can be accessed and processed during a defined period.

o Technical cookies: are those that allow the user to navigate through a web page, platform or application and the use of different options or services that exist in it, such as controlling traffic and data communication, identifying the session, access restricted access parts, remember the elements that make up an order, perform the purchase process of an order, make the application for registration or participation in an event, use security elements during navigation, store content for the broadcast videos or sound or share content through social networks.

o Third party cookies: These are those that are sent to the user’s terminal equipment from a computer or domain that is not managed by the publisher, but by another entity that processes the data obtained through the cookies (this is the case of access to social networks) or playback of videos from the Web / App).

o Customization cookies: These are those that allow the user to access the service with some predefined general characteristics based on a series of criteria in the user’s terminal, such as the language, the type of browser through which the user accesses the service, the regional configuration from where you access the service, etc.

o Analysis Cookies: These are those that allow the person responsible for them to monitor and analyze the behavior of the users of the websites to which they are linked. The information collected through this type of cookies is used in the measurement of the activity of the websites, application or platform and for the elaboration of navigation profiles of the users of said sites, applications and platforms, in order to introduce improvements in function of the analysis of the data of use made by the users of the service.

10.4. How to disable Cookies in your browser. The access and use of this Web / App, implies acceptance of the installation of Cookies on your computer.

Notwithstanding the foregoing, it is possible to stop accepting browser cookies, for which, you must go to the section relating to the configuration of cookies in your browser, where you can activate or deactivate the use of cookies you want at any time.

The blocking of Cookies may mean that it is impossible to correctly visualize all the information in this Web / App, as well as that any of its functionalities does not act properly.

10.5. The Cookies Policy of the Web / App is susceptible to be modified, so it is necessary to review its content in each access, in order to be adequately informed.

  1. WEB ANALYTICS / App

It is possible that the Web / App makes use of the Google Analytics tool, a web analytics service provided by Google, Inc., a Delaware company whose main office is at 1600 Amphitheater Parkway, Mountain View (California), CA 94043, United States. Unidos (“Google”), which allows Task & Time to analyze the User’s use of the Web / App (see “analysis cookies” in the section “COOKIES POLICY”).

  1. COMMUNICATIONS AND NOTIFICATIONS

12.1. In accordance with the provisions of the LSSICE, in the event that Task & Time sends commercial communications electronically to the User, they must (i) be clearly identified as such, (ii) indicate the sender on behalf of whom the communication is made and (iii) clearly and unequivocally express the conditions of access and / or participation in discounts, prizes, gifts, contests or promotional games.

12.2. Task & Time will not make any communication or notification, if previously they have not been requested or expressly authorized by the User and, in any case, they will refer to products or services offered by Task & Time or of similar characteristics.

12.3. In any case, the User may revoke at any time the consent given to the receipt of commercial communications with the simple notification of his will to Task & Time, which in turn must offer the User the possibility of opposing the processing of their data with Promotional purposes through a simple and free procedure, both at the time of data collection and in each of the commercial communications addressed to you.

12.4. If the User was aware of the existence of any illegal content, illegal, contrary to the laws or that could involve an infringement of intellectual and / or industrial property rights, should notify immediately to Task & Time, to the mail info@taskntime.org indicating the provisions below so that Task & Time can proceed with the adoption of the appropriate measures:

(i) Personal information of the caller: name, address, telephone number and email address.

(ii) Description of the facts that reveal the illicit or inappropriate nature of the content or information or service, as well as the specific URL where it is available.

(iii) In the event of violation of rights of third parties, such as intellectual or industrial property, the data of the owner of the infringed right must be provided when he is a person other than the communicating party. Likewise, it must provide the title that proves the ownership of the rights violated and, where appropriate, the representation to act on behalf of the owner when the person is different from the communicating party. The reception by Task & Time of the communication provided in this clause will not imply, according to the provisions of the LSSI, the effective knowledge of the activities and / or contents indicated by the communicator, when this is not obvious or evident. In any case, Task & Time reserves the right to suspend or withdraw the contents that, although not being illegal, are contrary to the rules established in this Legal Notice, weighing in each case the legal interests in conflict.

  1. APPLICABLE LEGISLATION AND JURISDICTION

This Legal Notice is governed in each and every one of its extremes by Spanish law and, unless otherwise provided by law, the exclusive jurisdiction of the Courts and Tribunals of Madrid (capital), expressly waived by the Parties to any other jurisdiction that may correspond.

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