Terms and Conditions

Introduction

This contractual document will govern the General Conditions for contracting training courses (hereinafter, “Conditions”) through the digitinstitute.com website, owned by DIGIT INSTITUTE, S.L. under the trademark of DIGIT INSTITUTE, hereinafter, PROVIDER, whose contact details are also included in the Legal Notice of this Website.

These Conditions will remain published on the website at the disposal of the USER to reproduce and save them as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the USER's responsibility to read them periodically, since those that are in force at the time of placing orders will be applicable.

Contracts will not be subject to any formality except for those cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.

Acceptance of this document implies that the USER:

• You have read, understand and understand what is stated here.
• He is a person with sufficient capacity to hire.
• It assumes all the obligations set out here.

These conditions will have an indefinite period of validity and will be applicable to all contracts made through the provider's website. The PROVIDER informs that the merchant is responsible and is aware of current legislation, and reserves the right to unilaterally modify the conditions, without affecting the terms and conditions that were implemented prior to the modification.

Identity of the contracting parties

On the one hand, the PROVIDER of the training courses contracted by the USER is DIGIT INSTITUTE, S.L., with registered office at PASEO DE LA CASTELLANA 200, 148 - 28046 MADRID (Madrid), NIF B72894256 and with a customer/user service telephone number 625667530.

On the other hand, the USER, registered on the website using a username and password, for which he has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER. In some cases, the USER will not agree with the STUDENT, so they will act on their behalf (for example: companies, parents, etc.)

Object of the contract

The purpose of this contract is to regulate the contractual relationship between the PROVIDER and the USER when the USER accepts the corresponding box during the online contracting process.

The contractual purchase-sale relationship involves the delivery, in exchange for a specified price and publicly displayed through the website, of a specific training course. In addition, certain courses may be offered free of charge.

Intellectual Property

The USER is not allowed in any way to transfer, change and exchange the license rights and obligations that affect this contract, unless the form and content can be altered under the condition that the changes are pre-agreed and in writing by the PROVIDER. However, in this contract -or general conditions of sale- any transfer of ownership from the PROVIDER to the USER is expressly excluded in this contract -or general conditions of sale-.

Recruitment procedure

The USER, in order to access the services offered by the PROVIDER, must be over 16 years of age and register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required of them, which will be processed in accordance with the provisions of Regulation (EU) 2016/679, of April 27, 2016 (GDPR), relating to the protection of individuals with regard to the processing of personal data and the free movement of these data and Organic Law 3/2018, of December 5 (LOPDGDD), relating to the protection of personal data and detailed in the Legal Notice and in the Privacy Policy of this website.

The USER will select a username and password, undertaking to make diligent use of them and not to make them available to third parties, as well as to notify the PROVIDER of their loss or theft or possible access by an unauthorized third party, so that they proceed to the immediate blocking.

Once the user account has been created, please be informed that, in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:

1. General contracting clauses.
2. Activation of services.
3. Right of withdrawal.
4. Online Complaints and Dispute Resolution.
5. Force majeure.
6. Competition.
7. Overview of the offer.
8. Price and period of validity of the offer.
9. Payment methods, charges and discounts.
10. Purchase process.
11. Dissociation and suspension or termination of the contract
12. Applicable Law and Jurisdiction.

1. GENERAL CONTRACTING CLAUSES

Unless specifically stipulated in writing, placing an order with the PROVIDER will imply acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.

2. ACTIVATING SERVICES

The PROVIDER will not activate any service until it has verified that the payment has been made.

As the order does not involve the physical delivery of any product, and the contracted services are downloaded or activated directly from the website, the PROVIDER will inform the USER beforehand about the procedure to follow to carry out this download or activation.

Failure to execute the remote contract

In the case of providing an online training course, it will be available from the date indicated on the website at the time of making the purchase and can be downloaded or activated according to the PROVIDER's conditions.

If the contract cannot be executed because the contracted course is not available within the scheduled period, the USER will be informed of the lack of availability and that he will be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without thereby incurring any liability for damages attributable to the PROVIDER.

In the event of an unjustified delay on the part of the PROVIDER with respect to the refund of the total amount, the USER may complain as indicated in the General Law for the Defense of Consumers and Users.

The PROVIDER will not assume any responsibility when the download or activation of the course fails to take place, because the data provided by the USER is false, inaccurate or incomplete.

The provision of the service will be considered completed when the USER has downloaded or activated the training course.

3. RIGHT OF WITHDRAWAL

The PROVIDER provides this form to customers who, having contracted a service on this website, wish to withdraw from the contract. However, in order to facilitate the right of withdrawal, all fields in this form must be completed by the customer:

“For the attention of DIGIT INSTITUTE, S.L., with address at Paseo de la Castellana, 200 - 28046 MADRID (Madrid):

I hereby announce that I am withdrawing from the contract referring to the training called _____________ carried out through the digitinstitute.com website.

Invoice date and number: __/__/_____.

Customer's first and last name:

Customer's address:

Customer's signature (if delivered on paper):

Date:”

The USER has a period of fourteen calendar days, counting from the conclusion of the contract, to exercise the right of withdrawal. If the PROVIDER has not complied with the duty of information and documentation regarding the right of withdrawal, the deadline for exercising it will end twelve months after the expiry date of the initial withdrawal period (Article 71 of Law 3/2014, of March 27).

The right of withdrawal cannot be applied in the following cases:

1. When the USER is a legal entity that does not act in an area outside a business or professional activity.
2. Once the training course has been fully executed, when the execution has begun, with the prior express consent of the PROVIDER and USER and with the acknowledgment on their part that they are aware that, once the contract has been fully executed by the PROVIDER, they will have lost their right of withdrawal.
3. When downloading or activating the course, the price of which depends on fluctuations in the financial market that the PROVIDER cannot control and that may occur during the withdrawal period.
4. In the provision of services tailored to the USER's specifications or clearly personalized.

Any return must be communicated to the PROVIDER, requesting a return number using the form provided for this purpose, or by email to info@digitinstitute.com, indicating the corresponding invoice or order number.

4. COMPLAINTS AND ONLINE DISPUTE RESOLUTION

Any complaint that the USER deems appropriate will be answered as soon as possible, and can be made at the following contact addresses:

Postal: DIGIT INSTITUTE, S.L., Paseo de la Castellana, 200 - 28046 MADRID (Madrid)

Telephone: 625667530

email: info@digitinstitute.com

Online Dispute Resolution

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free platform for the resolution of online disputes between the USER and the PROVIDER, without the need to go to the courts of law, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict.

Link to the ODR platform: http://ec.europa.eu/consumers/odr

5. FORCE MAJEURE

The parties will not be liable for any fault due to majeure. The fulfillment of the obligation will be delayed until the cessation of the case of force majeure.

6. COMPETITION

The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.

If any stipulation of these conditions is considered void or impossible to comply with, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way.

The USER declares to have read, know and accept these Terms in their entirety.

7. OVERVIEW OF THE OFFER

All sales made by the PROVIDER will be considered subject to these Conditions, including training offered free of charge.

No modification, alteration or agreement contrary to the Business Proposal of DIGIT INSTITUTE, S.L. or to what is stipulated here, will take effect, unless an express written agreement signed by the PROVIDER, in this case, these particular agreements will prevail.

Given the continuous technical advances and improvements of the services, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertising, until it affects the value of the services offered. These modifications will also be valid if, for any reason, the possibility of providing the services offered is affected.

Continuity, Consistency and Quality of Service

The PROVIDER expressly agrees to provide all its resources in the delivery, availability and provision of services in general and in this document, undertakes to fulfill its obligation as a service provider to the best of its ability.

The PROVIDER undertakes to act with the greatest diligence and attention as possible and to proceed to provide a quality service in accordance with generally recognized practices: except in the hypothetical case that the training course is suspended, by virtue of required special instructions.

Consequently, the PROVIDER will be contractually obliged to provide access (24/24 hours) and weekly (7/7 days), and conditioned on being able to guarantee its services given the supply conditions (subsequent network performance).

The PROVIDER reserves the right to interrupt the training course through its server, in order to carry out essential maintenance, to improve network performance, or for any other operational reason related to maintenance. The PROVIDER, without affecting any of their rights and responsibilities, will inform the USER, within a reasonable period of time, of the date on which it is proposed to carry out the maintenance.

The USER acknowledges that training may not be available if they are unable or unable to access the Internet or this website. The PROVIDER will not be responsible for the USER's inability to access training, under these circumstances.

In particular, it is the USER who must maintain their own protection against viruses, as well as the updated version of their browser. The PROVIDER will not be responsible for any virus transmitted through its website.

In the same way, the PROVIDER is exempt from any responsibility for unauthorized access to computer systems, or for the looting of any data as a result of it. However, the PROVIDER applies appropriate means to prevent illegal intrusions. Under no circumstances will the PROVIDER be responsible for damages related to it, such as loss of operation, loss of profit, loss of value, damages or expenses.

The PROVIDER undertakes to exercise its offer with due diligence and care, providing a quality service, in accordance with normal practices in the field, subject to the interruption of the services explicitly requested at the request of the administrative authorities.

If the training established by the USER is suspended following a decision of a competent authority, the PROVIDER will reimburse them or offer them a credit valid for one year, equal to the amount of said training offer.

The Parties agree that the PROVIDER has the right to modify the services without prior notice.

After-sales services

The PROVIDER undertakes to provide the USER with the necessary help with regard to the training acquired. The customer can contact the PROVIDER for any request related to training at: info@digitinstitute.com.

No long-term use of the website

The PROVIDER reserves the right to delete information relating to the USER, in case of non-prolonged use of these services, corresponding to a period longer than 40 days.

Customer obligations and responsibility

The USER expressly accepts to have verified the compatibility between their demand and the offer of services and fully recognizes the receipt of all necessary information and advice from the PROVIDER, so that this agreement can enter into force with binding knowledge and certainty.

The USER undertakes to verify the identity of the STUDENT, if applicable, before being appointed to the PROVIDER's training.

The USER guarantees to act under their sole responsibility if, as a result of access to the training course, it is not carried out in accordance with what can be considered reasonable acts of use carried out by the student, who is able to access and password and who does not respect the general guide and instructions for correct use, initially provided by the PROVIDER.

The USER, if this is the case, must inform the STUDENT about these terms and will be responsible with respect to this matter.

The parties relevant to the contract also recognize that the PROVIDER has the capacity to modify the provision of the service with total transparency without the need to carry out any prior communication procedure, other than to inform the USER that the level of provision of services already provided will be adjusted.

The USER acknowledges being informed of the provisions of the regulations relating to security (protection or physical security) and operational security. The USER will be solely responsible for the consequences of non-compliance with these rules and these Terms.

8. PRICE AND PERIOD OF VALIDITY OF THE OFFER

The prices indicated for each service include Value Added Tax (VAT) or other taxes that may be applicable.

The prices applicable to each service are those published on the website and will be expressed in the EURO currency. The USER assumes that the economic valuation of some of the services may vary in real time.

Before making the purchase, you can check online all the details of the budget: training courses, quantities, price, availability, charges, discounts, taxes and the total purchase. Prices may change daily as long as the order is not placed.

Any payment made to the PROVIDER involves the issuance of an invoice in the name of the registered USER or the company name that the USER provided at the time of placing the order. The invoice can be downloaded in PDF format by accessing the web management panel with the user account. If you want to receive it by email, you must request it by any of the means that the PROVIDER makes available to you, informing you that at any time you can revoke this decision.

For any information about the order, the USER may contact the PROVIDER's customer service number 625667530 or via email at info@digitinstitute.com.

9. PAYMENT METHODS, CHARGES AND DISCOUNTS

The PROVIDER is responsible for economic transactions and makes it possible to pay by credit card.

Safety measures

The website uses information security techniques generally accepted in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized access to data. To achieve these purposes, the user/customer accepts that the provider obtains data for the purpose of the corresponding authentication of the access controls.

The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, that may or has the potential to damage their good will or negatively influence them.

The following activities are prohibited under card brand programs: the sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Holder of the card or cards.

10. BUYING PROCESS

The USER will choose the course that is of interest to them and confirm the order by means of the requested action.

Once the order has been processed, the system instantly sends an email to the USER confirming the placing of the order.

In the event of disputes relating to the nature of the PROVIDER's services or the USER's use of the website, the information stored on the electronic payment device and within the framework of the automatic collection of information by the PROVIDER, could be used as evidence between both parties.

Confirmation

Within a maximum of 24 hours, on working days, an email will be sent to the USER confirming the order status and the activation date.

Service activation procedure (access to training)

The USER will choose their access data (username/password). Access to online training, granted by the PROVIDER, is strictly private. The transmission of access data (username/password) to a third party is strictly prohibited. The USER agrees not to give, under any circumstances, either free of charge or for a fee, access to third parties in any form. If the USER is a company and if the student leaves the company, the USER undertakes to deactivate their account or contact the PROVIDER to delete obsolete profiles, just as the USER expressly undertakes to pay for any registration initiated by the designated Student.

The USER agrees to follow the training diligently. As part of the evaluation, in order to complete the training, the USER expressly agrees not to benefit from any help or assistance from any other person. In the same way, the PROVIDER asks each USER to commit to this fact before each task.

Validation of training

The training is validated when the STUDENT has passed all the evaluations presented to him during the course. In this case, a certificate of validation of the knowledge acquired will be sent to the USER.

11. DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions are found to be illegal, void, or for any reason unenforceable, this condition will be considered severable and will not affect the validity and enforceability of any of the remaining conditions.

The PROVIDER may, without prior notice, suspend or terminate the USER's access to its services and training, in whole or in part, for any valid reason, including, without limitation, when the USER fails to comply with or follow any of the obligations established in this document or any applicable legal provision, license, regulation, directive, code of practice or usage policies.

When the PROVIDER exercises any of its rights or powers under this Clause, such exercise will not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.

12. APPLICABLE LAW AND JURISDICTION

These conditions will be governed or interpreted in accordance with Spanish legislation where not expressly established. The PROVIDER and the USER agree to submit to the courts and tribunals of the USER's home any dispute that may arise over the provision of the products or services subject to these Conditions.

If the USER is domiciled outside of Spain, the PROVIDER and the USER expressly renounce any other forum, submitting to the Dispute Resolution Body, which will act as an intermediary between them in accordance with Art. 14.1 of Regulation (EU) 524/2013, without the need to go to the courts of law. For more information, see clause “4”. ONLINE CLAIMS AND DISPUTE RESOLUTION under these Terms.