Terms & Conditions
1. WHERE DO THESE CONDITIONS APPLY?
The aim of these general conditions is to regulate the relationship between the owner of the website and its registered users or clients through the hiring of services derived from or requested on the website www.fingerink.biz for the provision of services by Fingerink and/or the use of the signature solution by the interested party and also the use of the other services presented on our website.
Users can contact the team via the following contact details:
ZEROLAG FINANCE, S.L.
Plaza Alcalde Agatángelo Soler, 1B, 03015, Alicante, Spain
E: firstname.lastname@example.org / email@example.com
T: (34) 966 356 740
As the Legal Disclaimer states, this website is for the purpose of presenting and making available to the user, a state-of-the-art solution for requesting and receiving electronic signatures from any device, called Fingerink, saving the user from having to install applications.
The hiring of any of the services implies that the user must previously and expressly accept these conditions when indicated.
The user must also take into account the specific conditions of hire, where applicable, details of which are given when the service is being hired, together with the specific product or service offer made separately, where applicable, by Fingerink.
From herein, when we jointly refer to the website, the blog and/or the electronic signature solution, as well as the other services offered, we will refer to them as Fingerink.
1.1. What is the objective of these conditions?
These conditions regulate and explain in detail the regulations to be taken into account with reference to the user hiring services as a client. Each service has different characteristics or peculiarities that should be taken into account and that are described on the website and also in this document, and which must be validated by the user before hiring a product or service. In turn, before accepting the service hire, the client will also be informed of the particular conditions specific to the service and must validate them too.
1.2. Who is the client and/or the consumer?
Services can be hired by any natural person or legal entity that wishes to or needs to do so. However, in order to do this it is necessary to register on the platform.
If the user is registered as a natural person, these conditions and the provisions regarding the defence and protection of consumers or users shall be applied in all cases.
If the user is acting as a professional or a legal entity, these conditions of hire shall prevail at all times.
2. HOW THE SERVICES WORK
2.1. Reading and accepting the general conditions
2.1.1. Registration as a user
You may initially register with your name and surname and an email account or using your Linkedin or Google+ profile. However, after this step, by following the steps on the platform, the other required details must also be provided.
2.1.2. Acceptance of the conditions
In accordance with the provisions of article 23 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, the hiring of services shall be confirmed by clicking on the icon marked “I accept the conditions of hire” which will appear before the users proceeds to complete the hiring process after having selected the services that they are interested in and just before proceeding to make the payment for these services or confirming their intention to hire these services.
Thus, just before making the payment, the user will be able to read and/or download the conditions of hire and the corresponding specific conditions, where applicable. They shall be invited to accept all of these conditions and each of the general conditions presented by Fingerink, always before hiring the services. Any amendments or new clauses in the general conditions made subsequent to this will not be applicable to them.
From the moment that these conditions are accepted, the user acquires the status of client, if they were not already, either because they had registered previously or because they had already hired a Fingerink service at some point and had not definitively cancelled their registration.
However, any service offered subsequently by Fingerink and not initially hired by the user, must be subject to a new contract for the client, and they must validate and accept the conditions of hire applicable to that service at that moment.
If you wish to read the general conditions more thoroughly, you can save the document electronically.
Once these general conditions have been expressly accepted and the services have been hired, we will send you an email with a link to them so that you can save them should you so wish. In addition, a summary of the particular conditions associated with each service will be sent to you, if there are any. From that moment on, the service is understood to be hired.
If you authorise it at an opportune moment, we can also send you, where applicable, any offer, promotion or information that may be of interest to you, as well as managing any other information that may be necessary, in accordance with the permissions that you have given.
2.1.3. Recommendation and considerations to take into account
The user is advised of the importance of reviewing and completing all of the requested fields at the time of hiring or registering as a user of our services. This will make it easier for you to benefit from discounts, promotions and other applicable benefits when any other additional details are required for them.
In the event of any problems related to your contact or billing details, the application of discounts or any other situation that may effect your user profile or the hiring of services, please get in touch with the Fingerink team at firstname.lastname@example.org / email@example.com
The user is informed that, for legal purposes, Fingerink saves the electronic documents in which hired services are formalised, in other words, the click validations made by the client when hiring the services offered.
If the user makes a mistake when sending their details, they will be able to modify them in their user profile on the Fingerink platform.
2.2. Requirements for hiring
2.2.1. Being of legal age
To be a Fingerink user and/or client and hire services, the user must be, at least, of legal age.
In Spain, this is understood as 18 years old, meaning that any services hired through Fingerink by minors under this age shall not be valid.
In this regard, if a minor is discovered to have hired any of the services offered by Fingerink, the service or amount paid will be automatically cancelled and refunded, where applicable.
If you discover that a minor has hired any of the services offered by this website, please inform us, giving as many details as possible and as soon as possible at firstname.lastname@example.org / email@example.com.
In circumstances in which someone acts on behalf of a company or a legal entity, they must have the pertinent authorisations and/or power to hire our services.
2.2.2. Formal requirements and/or manifestations
- By acquiring the services available on this website, the user and/or client declares:
- That they are a person of legal age with the capacity to hire.
- That they have read and understood and that they accept these general conditions of hire.
3. PRICE OF SERVICES
3.1. Price and services
You will be informed of the price of hired services during the hiring process on the platform and you will be shown and sent validation and acceptance of the particular conditions of hire at the time.
3.2. Applicable taxes
All prices offered shall be final and may vary depending on the offers and/or discounts associated with each service at each time, which the user shall be informed of and details of which shall be duly added to the specific amounts for each service, where applicable.
Unless a different amount is specified at the time of hire, the total price for each one of the types of services hired shall also depend on the VAT applicable to the purchaser, this being understood as the natural person or legal entity that acquires or hires any of the services through Fingerink.
In accordance with Law 28/2014, of 27 November, by which, amongst others, Law 37/1992, of 28 December, on Value Added Tax is amended, and according to the provisions of the localisation rules introduced into Directive 2006/112/EC by the Directive 2008/8/EC, of 12 February 2008, the usual address or residence of the recipient shall be taken into account for the provisions of electronic services.
We would like to inform you that, at all times, before hiring services, our platform shall indicate to you the corresponding amount of VAT where applicable, which will be reflected in the summary of hire and/or the particular conditions for the service hired.
3.3. Changes in rates
The user is advised that Fingerink reserves the right to modify prices at any moment, however, it is also committed to applying rates currently in force, indicated on the portal at the time the services are requested or hired by the client and for the period for which that specific service was hired.
3.4. Free period of the plans
The plans shown on the website may contain a trial period of up to 15 days. Once the free trial period has elapsed, the user will be notified of the need to enter the billing information and thus be able to enjoy the features described on the website. This 15-day free trial period implies the impossibility of generating / applying time-stamping to the signed documents.
4. HIRING PROCEDURE
4.1. Prior registration
In order to access the services offered by Fingerink, the user must register on the website by creating a user account. To do this, they must freely and voluntarily provide the personal details that are required of them. To register, providing an email and password shall suffice.
4.2. Processes or next steps
The steps that must be followed in order to use and enjoy each one of our services shall be indicated in the specific conditions of hire. In any case, the procedure for either hiring or beginning to use our services shall be as follows:
1. User registration on the platform and receipt of the welcome email.
2. Selection of services hired on the platform.
3. On-screen view of a summary of the services hired and prices with a breakdown of applicable taxes, where appropriate, reference to these conditions of hire, as well as the corresponding specific conditions, where applicable.
4. Express acceptance of the hire on behalf of the client.
5. Delivery of an email with a summary of what has been hired along with a copy of the general and specific conditions of hire that can be accessed via a link.
4.3. Choice of service and payment method
If the client has chosen payable services, once the user account has been created, they will be informed that, in accordance with the provisions of art. 27 of Law 34/2002 on Information Society Services and Electronic Commerce, the hiring procedure shall follow these steps:
The client shall choose the tariff that best suits their needs and, to do so, may choose one of the standard rates offered by Fingerink on its website or they can write to firstname.lastname@example.org / email@example.com or call (+34) 966356740 (if the client cannot get through, they can leave a voicemail indicating the issue and an email address. The support department will then get in touch with you) so that Fingerink may offer the rate according to the use the client wishes to make of the service.
The client must pay the amount corresponding with their order by:
- Credit card: entering their details in the virtual POS terminal on the website (PAYTPV). By accepting this payment method, the client confirms that they are authorised to use the card utilised for this purpose and that they are the cardholder. Payment by card is subject to the provisions of Law 16/2009, of 13 November, on payment services, especially related to payment orders and conditions for revoking them.
- Paypal: The client states that they have an active account with this provider of payment services, accepting the conditions of said service.
Aspects related to payment systems:
- If the user opts to pay by card: the contract shall not be taken into account or processed until the payment has been authorised by the corresponding bank.
- For Paypal payments: This platform allows payments to be made directly without having to send financial details over the internet. Confidential details are automatically encrypted with the help of the best technology available on the market.
- If the user places an order and/or accepts the purchase using a bankcard, they must provide the credit or debit card details, the expiry date and the CSC/CVV code (the three (3) security digits that appear on the back of the card), as well as the name of the cardholder.
- For payment made via the Paypal service or account, the user will be redirected to the official Paypal website so that they can choose the payment method and enter the details necessary for making the payment.The user is informed that the corresponding technical and security measures are adopted for these types of services, both for the banking entity’s payment gateway and for the Ayden and Paypal platforms.
In cases in which the purchase has been made by an end consumer or a company, the corresponding invoice or sales receipt shall be issued with the information corresponding to the license or service that the client has hired, once the payment has effectively processed. In both cases, a breakdown of the corresponding Value Added Tax rate will appear, where applicable.
4.5. Change of contracted plan
In case of an extension of the plan initially contracted, the days not taken will be paid. In addition, certain consumptions used initially will be subtracted from the new plan. This case implies a change in the billing cycle.
If a change is made to a more economical plan, the functionalities of the current plan can be used until the end of the billing cycle. Once the billing cycle has been completed, the renewal will apply the price and functionalities of the new selected plan.
4.6. Hiring of bundles
Bonuses are services added to the contracted plan. Their function is the improvement of certain limitations that may occur during the active cycle. They have no expiration date, so once contracted, they are automatically renewed along with the billing cycle of the existing plan. We can find three types of bonds, which can be contracted from the “Upgrade Plan” button, in the account configuration section.
- User Bonus: Minimum contract of 3 users.
- Bonus Templates: Minimum contracting of 10 templates
- Bonus Signatures: Minimum contracting of 20 signatures.
4.6.1. Cancellation of bundles
We found two types of bond cancellation.
Total low: You can cancel all active bonds.
Low bonus depending on use: A limited number of bonuses is canceled, depending on the needs of the user.
5. DURATION OF THE SERVICE
The duration of the service will always be for the period selected on our platform and it shall also be paid for according to the method chosen. If the client decides to cancel the services hired without a justified motive and before the expiry date, Fingerink the company shall retain the amounts that have already been paid by the client up to that moment as a penalty.
At the end of the term, renewal of the service is automatic. If you do not wish to renew, please expressly notify us a month before the expiry of your contract.
6. SERVICE DELIVERY CONDITIONS
6.1. General aspects
The service shall be delivered by the team to the email address provided by the client when registering and hiring the services.
Thus, once the service has been requested and following the steps found on the platform, the user shall receive an email confirming the service hired and from that moment on, they shall be able to use the platform for that requested service.
6.2. Problems delivering the documents
If the user runs a process and the application returns an error or any type of issue that they are not familiar with, they should contact the Fingerink team by email at firstname.lastname@example.org / email@example.com, so that they can deal with the issue, where applicable.
7. RETURNS AND/OR CANCELLATION
7.1. General aspects
The client must ensure that once the service has been hired, they receive all necessary information related to the hired service, in other words, a copy of these conditions, the corresponding invoice and the summary of the service hired, where applicable. If they have any doubts, they should contact the Fingerink team using the different means available to you depending on the service hired (see table in point 1.1).
As a general rule, services cannot be returned or the right to cancellation be exercised, except in the situations set forth in point 7.2.
7.2. Instances of returns and/or cancellation
Given the personalised and individualised nature of the other services offered, cancellation or returns of the amount paid will not be possible.
7.3. Cancellation procedure
To cancel, the user must follow these instructions:
- Send an email to firstname.lastname@example.org, indicating the motive for cancelling, the category hired and a contact email address.
- Halt payments from the administrator panel in the administrator account.
7.4. Consequences of cancellation
The administrator account cannot send or receive documentation. Only documents previously saved will be kept in the cloud.
Fingerink guarantees a simple and flexible electronic signature system, which allows documents to be uploaded to the platform, documents to be edited and/or the corresponding check boxes to be marked and adapted to their own particular needs and those of the solution, in an easy, flexible and simple fashion.
8.2. Security guarantee
This website complies with the highest Internet security standards, including maximum security on servers, HTTPS security protocols in all hiring and registration processes.
9. RESPONSABILITIES OF THE CLIENT OR THE USER
1. The client undertakes to pay the correct amount of the effectively requested service in advance and as indicated in clauses 3 and 4.
2. The client must use the platform and the service offered by Fingerink correctly. The user, as a client, also undertakes to use the services offered over this website, blog and solution in a legal fashion without contravening current legislation or causing harm to the rights and interests of third parties.
3. The client, likewise, guarantees the veracity and accuracy of the data provided upon filling out the hiring forms and thus avoiding any damage being caused to Fingerink as a consequence of being incorrect.
4. When hiring services, the user must always be of legal age, an essential requirement for being able to hire.
5. They will also be responsible for respecting the conditions and the manner of running the service as detailed in the specific conditions, where applicable, and also in the community rules, if there are any.
6. The user is also responsible for using their profile and their password that gives them access to the platform correctly, undertaking to use them carefully and to not make them available to third parties, as well as to notify Fingerink in the event of their loss or theft or possible access by an unauthorised third party so that Fingerink can immediately block the account.
7. The client may not, especially and under any circumstances, use the services offered by Fingerink, to send recipients documents that include but are not limited to those that:
- Can harm or violate the rights of minors.
- Contain threats, harassment or insults.
- Are considered adult or pornographic material.
- Constitute fraudulent activity or the sending of a virus.
8. When the client is a legal entity, they must inform their own users or clients about the use of this platform and the handling that shall be done through it, exempting Fingerink from the obligations in relation to compliance with data protection regulations when the aforementioned client is understood to be directly responsible for such data controlling.
9. Incompliance with any of these conditions can give rise to the withdrawal or cancelation of the services by Fingerink without the need to give prior notice and without the client being entitled to any form of compensation.
10. RESPONSIBILITIES OF FINGERINK AS THE PROVIDER
Fingerink shall be responsible for:
1. Providing the service in the manner and according to the characteristics offered over the platform and the provisions in these conditions of hire regarding the services hired by each user.
2. Adopting the appropriate security measures, protecting the confidentiality of data belonging to its users and/or clients in accordance with the provisions of this text and the other applicable legal policies and taking the utmost possible care of the client.
4. It shall also be responsible for complying with the provisions of the specific conditions of each hired service.
11. LIMITS TO FINGERINK’S RESPONSIBILITY
Fingerink shall not be responsible in any way for the following instances, including but not limited to:
- Misuse or abuse by the user of the information obtained from the services obtained from Fingerink.
- Damages or harm that may occur as a result of the use of the information extracted from the services offered by Fingerink.
- Documents that are unsuitable for signing uploaded or published by the user and sent to the recipient without the latter being able to sign them in a valid and/or appropriate way in accordance with legal criteria.
- Errors, delays in access by the client when entering their details into the request or receipt form by the document recipients or any delay, error or anomaly that may arise when these incidents are due to actions by the user or client, problems with the internet network, unforeseeable circumstances or force majeure and any other unforeseeable contingency beyond the company’s control and good faith.
- Fingerink undertakes to resolve any problems that may arise as long as the problem or error is due solely and exclusively to a problem related to the Fingerink system, offering, in this case, the necessary support to the client in order to reach a swift and satisfactory resolution for the incident.
- Errors or damages produced by inefficient use of the service and bad faith on behalf of the user or client.
- Non-operability or problems related to the email address provided by the client for sending the documentation, both their own and that of the end user.
- Errors or incidents that may occur in communications, deletion or incomplete transmissions as website services are not guaranteed to be constantly operational since network outages or other types of situations can occur where Fingerink is not directly responsible.
- Any type of damage that the client or third parties may cause to the website.
- Fingerink reserves the right to suspend access without prior notice, at their discretion, and either definitively or temporarily, until effective responsibility is confirmed for any damages that may occur when any situation is detected in which the user and/or client has not acted correctly and/or has taken advantage of the functionality of the website, blog or signature solution.
- Under no circumstances shall Fingerink be held responsible for data handling that it was not informed of in advance or regarding that for which the relevant measures have not been adopted when the party responsible for such handling is a third party. In other words, when Fingerink acts as a handler and must comply, as such, nonetheless, with its own obligations and responsibilities in accordance with the provisions of data protection regulations.
- Likewise, Fingerink shall collaborate with and notify the competent authority regarding these types of incidents, which it is not responsible for and which may cause damage to both the company and to third parties, as soon as it has reliable knowledge that the damages caused constitute any type of unlawful activity.
12. INDUSTRIAL AND INTELLECTUAL PROPERTY
12.1. Intellectual property
All rights regarding content published by FINGERINK are protected by copyright and industrial and intellectual property rights.
The website, the blog and the electronic signature solution, likewise, have been developed and created by Fingerink and has all the appropriate licenses and permits for using any content, programming code, design or materials associated with it.
Articles, content, images and logos are property of the Fingerink or the people or companies that have expressly authorised us to publish them or they are subject to licenses that allow us to use these materials appropriately and in this regard.
Generally speaking, the reproduction, transformation, distribution, public communication, public transmission, sale, use for commercial purposes and/or any other use of Fingerink content, without prior, written consent, except where expressly allowed in the other legal policies applicable to Fingerink. Those of which are, for example, quoting and mentioning the content published on the Fingerink blog on social media as long as the source and/or author is cited.
For more information, the user can consult the intellectual property policy contained in this legal disclaimer.
12.2. FINGERINK’s industrial property and/or brands
The company ZEROLAG FINANCE S.L is the holder and legitimate owner of the community trademark title “FINGERINK”.
No user or client may use the Fingerink brand, domain name, slogan or any other element that forms part of the corporate identity of the company without requesting express permission to do so from the owner of this platform, except when citing its name on social media or as a source for the publication of content according to the provisions of Fingerink’s intellectual and industrial property legal policies, mentioned in this contract and in the legal disclaimer.
12.3. Image rights and authorisation for the use of client data as a FINGERINK client
By accepting these conditions, the client allows Fingerink to use their details and corporate image (logo) as a Fingerink client in the different modes of promotion that it uses in order to present its services to third parties, such as the website and/or blog, social media, catalogues and/or corporate brochures, among others. Fingerink undertakes to handle them, at all times, respecting the client’s right to freedom from injury to honour and brand-image.
For these purposes, the client agrees to allow Fingerink to use your logo and/or use your contact details, as well as to publish them. They may even publish a link to the client’s website from the different corporate media used by Fingerink, for example, publishing the client’s logo on Fingerink’s website and creating a link from there to the client’s corporate website)
This shall not imply any transfer of the client’s brand, but instead only its use for the purposes stated.
13. DISSEMINATION OF SERVICES ON SOCIAL MEDIA
The user is advised through these conditions of hire that the different services shall be disseminated through social media, but under no circumstances, shall their details be handled in an inappropriate or disproportionate way. We would like to thank the user for any comments that they make on Fingerink’s social media profiles and for posting information on them that may be of interest to the community.
Fingerink currently has a presence on Facebook, Google+ and Linkedin and therefore invites users and clients to visit the aforementioned profiles where they will be able to enjoy the latest content.
14. APPLICABLE LANGUAGE
If there is disconformity between the texts outlining theses conditions and any translation of them, the Spanish version shall prevail in all cases since the service provider, Fingerink, is based in Spain. In the event of any divergence between the Spanish version of the general conditions and their possible translations, the Spanish version shall prevail.
15. MODIFICATIONS TO THESE CONDITIONS
Fingerink may make changes and/or modifications to these conditions whenever they deem them convenient and/or necessary according to market conditions or legal requirements, in accordance with regulatory changes that must be applied.
However, users shall be duly informed, reported and notified of any updates and/or modifications, always guaranteeing publicity and transparency, as well as respecting consumer and/or user rights.
Notwithstanding the above, the conditions that shall apply to the consumer or client shall be those that were published and they were informed of at the time of hiring each service.
16. NULLITY OF CLAUSES
In the event of any clause in these general conditions being declared null, the remaining clauses shall remain in force and shall be interpreted taking into account the will of the parties and the purpose of these conditions. Fingerink may not exercise a right or power conferred in this document but that does not imply, under any circumstances, that we reject them, except for express acknowledgement of this by Fingerink.
17. APPLICABLE LAW AND JURISDICTION
These general conditions are governed by Spanish law. In order to determine the place where the contract for the provision of services is formalised that these general conditions are subject to, we shall adhere to the provisions of article 29 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce.
Thus, in the event of any conflict or discrepancy in the interpretation or application of these conditions of hire, the courts and tribunals that, where applicable, shall hear the case, shall be those that have are decided by applicable legislation in the area of competent jurisdiction.
In the case of end consumers, the competent court shall be the one that corresponds to the place where the obligation is fulfilled or to the address of the hiring party, whereas, if the user or end client is a legal entity or company, the competent court shall be the one for the city of Alicante.
18. EXTRAJUDICIAL SOLUTION FOR DISPUTES REGARDING SERVICES OFFERED ONLINE
In compliance with the provisions of Regulation 524/203, of the European Parliament and of the Council, on 21 May 2013, as of 15 February 2016, the user or client may file a dispute or an extrajudicial claim that they consider to have been generated by virtue of our platform or the services provided online, using the alternative mechanism for consumers and merchants.
Through this means, you may access alternative dispute resolution bodies with quality procedures established for them.
This multilingual platform, which is designed to be accessible to everyone, will operate in the following way:
1. An online claims form must be filled out and sent through the platform itself.
2. The claim shall go to the by the seller who, according to the specific case, will propose an alternative resolution body for the claim.
3. Once the mediation body is agreed, it shall receive the claim and deal with the case electronically, proposing a resolution within a period of 90 days.
19. BEING SUBJECT TO OTHER LEGAL POLICIES AND CONDITIONS
These conditions are supplemented by the other legal polices established on the website, such as the Legal Disclaimer and the Privacy and Cookies Policies, along with the specific conditions of hire applicable to each of our services as well as any others that it may be necessary to add or supplement, following the provisions of applicable legislation currently in force at any time.
20. CHANGING FROM ONE SERVICE TO ANOTHER
The user is advised that once they have registered and at any time, they may choose any one of our other services from their control panel located on the Fingerink website. In this case, the user shall receive an email outlining the new applicable conditions so that they can have detailed information on the new service hired.
* This form should only be completed and sent if the user wishes to cancel the contract provided that it is in accordance with the provisions in our general conditions of hire.
ZEROLAG FINANCE, S.L.
Plaza Alcalde Agatángelo Soler, 1B, 03015, Alicante, Spain
T: (34) 966 356 740
Mr./Mrs. ___________________ [the consumer should state their name and surname] with an address at ________________________________ [the consumer should state their address]
I hereby inform you that I would like to cancel the sales contract by which I acquired _________________________________________ [the consumer should state the goods or services acquired], which I received on _____________________ [the consumer should state the day, month and year], with order number or reference _________________ [the consumer should state their order or reference number].
Include the consumer’s signature (if presenting the form on paper)
[The consumer should state the date submitted]