The customer contracts a non-exclusive license of the “Fideltour” Software. It will be possible to use The software can be accessed through an Internet connection to the software via a control panel using the authorization and authentication credentials assigned to it.
Invoicing will be on a monthly basis by subscription. Invoicing will be issued at the time of contracting the service, unless there are trial periods. Fideltour reserves the right to update the current rates at the beginning of each calendar year and may apply them for new renewals and new contracts with the prior notice and consent of the client.
Payments will be made by credit card at the beginning of each subscription renewal cycle.
If there is a non-payment of more than 30 calendar days for reasons attributable to the Customer, Fideltour may block access to the control panel and declare the termination of the agreement, without prejudice to the right to collect the amount due.
The contract will come into effect on the date of confirmation of the subscription. The term of the contract is 1 month, automatically extendable for periods of equal duration in the absence of written notice by either party. The customer has the right to terminate the contract at any time, notifying in writing to the e-mail address post@fideltour.com.
The personal data provided as a result of the collaboration agreement signed between the parties will be incorporated into the processing system owned by the Parties. The purpose is to fulfill the commitments of this collaboration agreement. The term will be for the duration of the contractual relationship.
During the performance of this Agreement and/or upon termination of this Agreement or any of its extensions, the Parties shall not disclose to third parties any information of the other Party, nor of the contents of this Agreement.
The receiving party agrees to protect the confidential information, using the same diligence and duty of care that it uses for the safeguarding of its own confidential or secret information and using all means at its disposal to ensure such protection; all confidential information shall be guarded and treated in such a way as to prevent unauthorized access to such information, although it may be analyzed by its advisors and representatives in accordance with the needs arising in connection with the agreement In any case, the receiving party shall adopt the necessary measures to prevent unauthorized disclosure of the confidential information to third parties.
Information that is or becomes public in any manner whatsoever; that which the receiving party had before it was provided by the sending party, or which has been independently known to the receiving party, provided that this fact is brought to the attention of the sending party, shall not be considered confidential.
Information disclosed by the receiving party in compliance with a final court decision or legal obligation shall not be subject to this agreement.
All industrial and intellectual property rights on the Software are reserved for the holder of the same. The customer, by means of the present contract, does not acquire any industrial or intellectual property right over the software.
The contents of the messages sent by the Customer and the records (database) of the recipients of the communications are the exclusive property of the Customer and Fideltour undertakes not to make any use other than that intended for the fulfillment of the agreement.
Fideltour reserves the right to publish the Client’s logo and/or trade name in presentations, marketing materials or customer lists.
Neither Party shall be liable for non-performance or delay of its obligations if the non-performance or delay is the result of an act of force majeure or a fortuitous event.
The declaration of any of the clauses of this agreement as null, invalid or ineffective shall not affect the validity or effectiveness of the remaining clauses, which shall continue to bind the Parties. The waiver of a Party to demand the fulfillment of one of the covenants herein agreed does not imply a waiver with general character nor can it create an acquired right for the other Party.
This contract invalidates all conversations, oral and written agreements that may have been made prior to the date of this contract.
Fideltour provides the CUSTOMER with a telephone number (910 05 94 69 ) to help solve any doubt or incident that may arise in the use and/or installation of the software. The service hours are from Monday to Friday during working hours (from 9am to 6pm).
Failure to comply with the obligations corresponding to each Party shall entitle the non-breaching Party to terminate the Contract. Termination for this reason may give rise to compensation for damages caused by the breach.
The Parties, expressly waiving their own jurisdiction or that which may correspond to them, in any questions or disputes arising from the interpretation, application or performance of this agreement, submit to the Jurisdiction and Jurisdiction of the Courts of Palma de Mallorca and its superior Courts. The applicable law shall be Spanish law.
