RULES OF USE AND GENERAL CONTRACTING CONDITIONS

This contractual document will govern the conditions of use and the contracting of services through the website www.searcha.net, property of Search Platform, S.L., hereinafter referred to as the provider.

The acceptance of this document implies that the user

  • Has read, understands and understands what is stated here.
  • Is a person with capacity to contract.
  • Assumes all the obligations set forth herein.

These rules of use and contract conditions will have an indefinite period of validity and will be applicable to all contracts made through the website of the provider.

Search Platform, S.L. reserves the right to modify without prior notice the design, presentation and configuration of the website, as well as some or all of the services, and to add new services. The reservation to unilaterally modify the conditions must be understood without affecting the promotions acquired prior to the modification.

1. Identidad de las partes contratantes:

Companies: those registered users (hereinafter users) on the website by means of a user name and password, for which they are fully responsible for the use and custody, and are responsible for the veracity of the personal data provided to the provider. Search Platform, S.L. understands as a company the organization or institution dedicated to activities or pursuit of economic or commercial purposes to satisfy the needs of goods and/or services of society, while ensuring the continuity of the productive-commercial structure as well as its necessary investments..

Commercial agents and/or distributors: registered users (hereinafter users) of the website by means of a user name and a password, over which they have full responsibility for the use and custody, and are responsible for the veracity of the data provided by the provider. A commercial agent is a person whose job it is to manage sales operations on behalf of another person or entity in exchange for a commission. A distributor is a company that distributes a product for its marketing, acting as an intermediary between the producer and the retailer.

2. Object of the contract:

The purpose of this contract is to regulate the contractual relationship for the provision of services arising between the provider and the user at the moment in which the latter accepts the corresponding box during the online contracting process.

www.searcha.net is a website whose activity focuses on offering contact between self-employed commercial agents or qualified distributors and companies, and/or vice versa, so that their commercial relations can be generated, increased and improved

In this sense, through the website www.searcha.net, searcha aims to facilitate contact between users in the professional world.

SSearcha is continuously evolving and developing new tools that provide value to searcha registered users.

3. Terms and Conditions:

These "General Terms and Conditions", the "Legal Notice" and the "Privacy Policy" are an integral part of the Terms and Conditions of Use and Contracting (hereinafter referred to as "Terms and Conditions").

Therefore, both access to and the contracting of any of the services offered by the service provider or by its intermediation through the website signify the user's acceptance of the Terms and Conditions without reservation.

The user is prohibited from: using insulting or slanderous content, regardless of whether this content affects other users or, using pornographic content or content that violates the laws protecting minors, or advertising, offering or distributing pornographic products or products that violate the laws protecting minors, disturbing other users (especially through spam), using legally protected content (p. (e.g. intellectual property law, trademark law, patent law, utility model law or design law) without having the right to do so, or to advertise, offer or distribute legally protected goods or services, or to engage in or promote anti-competitive actions, including actions aimed at progressive customer acquisition (such as chain letters, snowball systems or pyramid schemes).

The following actions are also prohibited:

  • Using mechanisms, software or scripts in connection with the use of searcha.
  • Blocking, overwriting, modifying or copying, unless this is necessary for the correct use of website services.
  • Disseminate, reproduce or publicly communicate content from searcha's web site, whether by private individuals or third parties, without the prior authorisation of the owner of the rights.
  • Any action apt to harm the functionality of searcha's infrastructure, especially to overload it.
  • To use any of the materials and information contained in this platform for illicit purposes and expressly prohibited in these rules of use and general contracting conditions, as well as the particular conditions that, if applicable, are enabled that are contrary to the rights and interests of searcha, its members and/or third parties, and shall be liable to them in the event that they contravene or fail to comply with such obligations and/or in any way (including the introduction or dissemination of "computer viruses") damage, disable, overload, deteriorate or prevent the normal use of the materials and information contained in www.searcha.net, the information systems or the documents, files and all kinds of contents stored in any computer equipment (hacking) of searcha, its members or any registered user, individual or organisation.
  • Using or attempting to use another person's account or creating a false identity on www.searcha.net.
  • Use information, content or other data seen or obtained through www.searcha.net to provide services that, at the sole discretion of Search Platform, S.L., compete with searcha.

4. General conditions of service: companies

The following are the general conditions for the provision of searcha services for companies:

  1. 1. The service provided by searcha is focused on offering the contact of freelance sales agents or qualified distributors.

    The term qualified is understood to mean:

    • • A sales agent or distributor who fits the requirements that the company has indicated: the area that it wishes to cover, the sector and sales channel or type of clients that it visits regularly.
    • • In addition to matching the requirements requested, he or she must be interested in marketing the company's product and service.
  2. 2. In order to improve the quality of the contacts provided by the platform, all profiles have been verified by searcha's specialised staff.

  3. 3. This search service for commercial agents or distributors can be completely online by contracting the BASIC, or personalised by a specialised consultant by contracting a service PREMIUM.

    The BASIC service cconsists of the purchase of different packs for the display of various qualified contacts on the searcha online platform with whom the company wishes to contact after carrying out the search and the agent or distributor has confirmed his or her interest in the company.

    The payment of the service is through a payment gateway. The company only pays if it wants to view the contact details of the commercial partner if it finds profiles of interest to it and the agent or distributor has accepted the possibility of bringing the product or service. The service does not secure the commercial agreement between both parties. There is no possibility of cancellation or return of the service.

    If the company does not find a suitable profile on searcha's online platform, Search Platform, S.L. offers you the possibility of contracting a personalised agent or distributor search service through our specialists by contracting the PREMIUM.service.Upon receipt of the form that lists the company's needs, an estimate will be sent in advance with the requested services. The service will be considered to have been contracted once payment has been made through the payment platform. No cancellations will be accepted and no right to compensation of any kind will be generated once the service has been started. No modifications to the contracted service will be allowed if it has already been started.

    To ensure that the company does not pay for a service without results, searcha proposes to pay the PREMIUM service, through a first payment of 50% upon acceptance of the service and the second payment upon presentation of the agent or distributor requested.

    In the case of not providing any qualified agent or distributor according to the search criteria and within the established period, the initial amount of 50% paid will be returned and the payment of the second instalment will not be executed.

    services are based on the presentation of qualified contacts regardless of whether a commercial agreement is finally reached or not. In the PREMIUMservice, if no commercial agreement is reached with the first agent or distributor proposed, a second search will be carried out at no cost to the company. From the second partner proposed, the company must purchase thePREMIUMservice. Please note that searcha does not offer a complete recruitment service. There is no possibility of cancellation or return of the service.

  4. 4. The company must accept the qualified profiles offered by searcha that match your request until the number and areas contracted are completed.

  5. 5. In order to optimise the service, you must contact the agents or distributors offered within a maximum of 2 working days once they have been sent to you by email. If you do not contact the commercial partner within the established period, we will not be able to accept any claim regarding the interest of the commercial agent or distributor.

  6. 6. The time set for the search for agents or distributors will depend on the country and sector requested, establishing a usual period of 2 months for the first agent and a further month for each additional commercial agent or distributor requested.

  7. 7. Our services will be accompanied by a descriptive invoice with the contracted services, the amounts associated to each one, the payment terms of their corresponding taxes and this document of general service conditions.

    The invoice will be issued by Search Platform, S.L. with NIF B67351585, located in Calle del Dr. Mas Riera, 08340 in Vilassar de Mar (Barcelona) Spain.

  8. 8. The acceptance of this contract establishes the acceptance of the established privacy policy and legal notice

  9. 9. The company, without prejudice to what is specified above, expressly authorises Search Platform, S.L. to include it as a reference for its client portfolio in the information it uses in its commercial activity.

  10. 10. The information provided by the selected agents will be included in a file, called agent or distributor profile, which contendrá́ will include the following information: name, email, telephone number/s, the sales channels to which it has access, the products/services it currently sells and the geographical area it covers. There will be no obligation to provide any additional data.

  11. D11. Given that each agent or distributor adapts its area according to the needs of the brands represented, searcha cannot guarantee that the areas to be covered and the sales channels are exactly as requested by the company. Although searcha is committed to covering the requirements as much as possible.

  12. 12. Registration with searcha implicitly involves the communication of company data to commercial agents or distributors.

  13. 13. Searcha informs the companies that they must comply in all cases with the obligations conferred by Spanish regulations on the protection of personal data, Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and Organic Law 3/2018 of 5 December (LOPDGDD), expressly committing themselves, exempting Search Platform, S.L. from any responsibility in the event of sending unsolicited commercial communications, and to obtain consent, in accordance with the requirements required for each case, as well as compliance with the corresponding security measures. Any illegal use or use contrary to the obligations of these conditions will lead to Searcha's absolute exemption from responsibility.

5. General service conditions: commercial agents or distributors

Below are the general conditions for the provision of searcha services for commercial agents or distributors:

  1. 1. The searcha service is based on the search for representatives that match the needs of commercial agents or distributors, regardless of whether a commercial agreement is finally reached. The commercial agent or distributor must take into account that searcha is not involved in the negotiation of the possible commercial agreement.

  2. 2. All search data must be specified in the database of the platform www.searcha.net.

  3. P3. To improve the quality of the contacts provided by the platform, all company profiles will be verified by searcha staff.

  4. A4. Although the online service to commercial agents or distributors is free, there is the possibility of contracting the PORTFOLIO PREMIUM. EThis service is focused on offering commercial agents and distributors the possibility of obtaining new representatives that match their needs. To ensure that they do not pay for a service without results, we propose to pay the premium portfolio through two 50% payments. The first payment will be made when the service is contracted and the second when the client is presented.

    In the event of not providing any suitable representation as indicated, the initial 50% amount paid will be returned and the payment of the second instalment will not be executed. Thus Searcha ensures that the commercial agent or distributor pays only if there are real representatives and there is a real possibility of commercial collaboration.

  5. 5. The contracting of the PORTFOLIO PREMIUM service cwill be considered when the payment has been made through our payment platform. No cancellations will be accepted and no right to compensation of any kind will be generated once the service has been started. No modifications to the contracted service will be allowed if the service has already been started.

  6. 6. As a rule, you must accept the proxies proposed by searcha that comply with the requirements indicated until the number of proxies contracted is completed.

  7. 7. In order to optimize the service, the user must contact the company offered within a maximum period of 2 working days after the data has been sent to them by email. If the company is not contacted within the established period, searcha will not be able to accept any claim regarding the company's interest in offering its product or service.

  8. 8. The services provided by searcha will be accompanied by a descriptive invoice with the services contracted, the amounts associated to each one, the payment terms, their corresponding taxes and this document of general conditions of service to agents.

    The invoice of services will be issued by Search Platform, S.L. with NIF B67351585, located in Calle del Dr. Mas Riera, 08340 in Vilassar de Mar (Barcelona).SPAIN

  9. E9. The time established for the search of a represented company is 2 months for the first agent and one more month for each additional represented company requested.

  10. 10. The acceptance of this contract establishes the acceptance of the established privacy policy and legal notice..

  11. 11. The information provided by the selected companies will be included in a file, called company profile, which contendrá́ will include the following data: name of the company, contact person, email, telephone number(s), year of incorporation of the company, turnover for the last year, and the product or service to be represented, the sector, the geographical area to be covered and the sales channel required. No existirá́ obligation to provide any additional data.

  12. 12. Since each agent or distributor adapts its area according to the needs of the brands represented, we cannot guarantee that the areas to be covered and the sales channels will be exactly as requested. Although our commitment is to cover the requirements as much as possible.

  13. E13. Registration in searcha implicitly entails the communication of agent and/or distributor data to companies.

  14. 14. Searcha informs the commercial agents and/or distributors that they must in all cases comply with the obligations conferred on them by Spanish personal data protection regulations, Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and Organic Law 3/2018 of 5 December (LOPDGDD), expressly committing themselves to exempt Search Platform, S. de C.V. from any liability. L. from any responsibility in the case of sending unsolicited commercial communications, and to obtain consent, in accordance with the requirements required in each case, as well as to comply with the corresponding security measures. Any illegal use or use contrary to the obligations of these conditions will entail the exemption of searcha's absolute responsibility.

  15. 15. In the event that the user authorises the use of his/her image, Search Platform, S.L. will use it to complete the user's profile.

6. Contracting procedure:

In order to access the services offered by the provider, the user must register through the website by creating a user account.

PTherefore, the user must freely and voluntarily provide the personal data that will be required of him/her, which will be processed in accordance with the provisions of current regulations on personal data protection, Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and Organic Law 3/2018 of 5 December 2018 (LOPDGDD) on the protection of individuals with regard to the processing of personal data and the free circulation of such data and detailed in the legal notice and privacy policy of this website.

The user will select a user name and a password, committing himself/herself to make diligent use of them and not to make them available to third parties, as well as to inform the service provider of the loss or theft of these data or of the possible access by an unauthorised third party, so that the latter can proceed to their immediate blocking.

Once the user account has been created, it is informed that in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSI-CE), the contracting procedure will follow the following steps: general contracting clauses, service conditions, generalities of the offer, price and validity period of the offer, payment methods, charges and discounts, contracting process.

6.1. General contracting clauses:

Unless otherwise stipulated in writing, the payment of the initial 50% to the provider will imply the 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.

6.2. Conditions of service:

Empresas:

  • The search service for commercial agents or distributors can be completely online by contracting the BASICservice, or personalized through a specialized advisor by contracting a PREMIUMservice.

  • The BASIC service consists of the purchase of different packs for the display of various qualified contacts on the searcha online platform with whom the company wishes to contact after carrying out the search and the agent or distributor has confirmed his or her interest in the company.

  • The payment of the service is through a payment gateway. The company only pays if it wants to view the contact details of the commercial partner if it finds profiles of interest to it and the agent or distributor has accepted the possibility of bringing the product or service. There is no possibility of cancellation or return of the service.

  • If the company does not find a suitable profile on searcha's online platform, Search Platform, S.L. offers you the possibility of contracting a personalised agent or distributor search service through our specialists by contracting the PREMIUM service. The hiring of the service will be considered when you have made the payment through the payment platform. No cancellations will be accepted and no right to compensation of any kind will be generated once the service has been started. No modifications of the contracted service will be allowed if it has already been started.

  • To ensure that the company does not pay for a service without results, searcha proposes to pay the PREMIUMservice, through two payments of 50%. The first will be paid upon contracting the service and the second upon presentation of the agent or distributor requested.

  • In the case of not providing any qualified agent or distributor according to the search criteria and within the established period, the initial 50% amount paid will be returned and the payment of the second installment will not be executed. There is no possibility of cancellation or return of the service.

Sales agents and/or distributors:

  • To ensure that agents and/or distributors do not pay for a service without results, we propose to pay the PORTFOLIO PREMIUM through two payments of 50%. The first will be paid when the service is contracted and the second when the requested representative is presented.

    • In the case of not providing any adequate representation according to the indications, the initial amount of 50% paid will be returned and the payment of the second instalment will not be executed. Thus, searcha ensures that the commercial agent or distributor pays only if there are real representatives and there is a real possibility of commercial collaboration. There is no possibility of cancellation or return of the service.

6.3.Generalities of the offer

All transactions will be understood to be subject to these rules of use and general conditions of contract. 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.

6.4. The prices indicated for the various services do not include Value Added Tax (VAT) or other taxes that may be applicable. The offers that are duly marked and identified as such are valid for as long as they appear on the screen. Such offers may be modified or cancelled without prior notice. The prices applicable to each of the services are those published on the website and are expressed in the euro currency (euros). Any payment made when provided involves the issuance of an invoice in the name of the registered user. For any information about the service, the user may contact via email at hola@searcha.net.

6.5. Methods of payment, charges and discounts:

The provider offers the following payment methods to pay for a pack or service: Credit or debit card, through a payment gateway or bank transfer.

6.6. Contracting process:

Companies:

The contracting process established by searcha for the BASIC service will be carried out completely online, where, once the company has been registered and its invoicing data provided, the purchase of services will be made by means of the payment gateway available on the searcha platform under the conditions previously mentioned.

For the PREMIUMservice, a previous and detailed budget will be made with the search demands of agents or distributors requested by the company. Once the offer is accepted, an e-mail will be sent to the company with a link to the payment gateway, where the payment of the amount accepted in the offer will be made. Once the payment has been made, the service contracted will be considered.

Commercial agents and/or distributors:

For the PREMIUM PORTFOLIO service, a previous and detailed estimate will be made with the demands of the represented companies requested by the agent or distributor. Once the offer has been accepted, an e-mail will be sent to the agent with a link to the payment gateway, where the payment of the amount accepted in the offer will be made. Once the payment has been made, the service contracted will be considered.

7. Users' obligations:

LUsers undertake at all times to provide truthful information on the data provided in the various forms and/or information requests, as well as to update it in the event of changes. In the event of marketing with services from our website that require the user to be of a certain age according to the legislation in force in their country of origin, the user declares that they meet this requirement in order to formalise the purchase.

8. Limitation of liability and compensation:

www.searcha.net remains unaware of any dealings between commercial agents and/or distributors and companies. Therefore, in the event that you have a dispute with one or more users, you release Search Platform, S.L. from all responsibility, claims, and damages of any kind and nature, known or unknown, related to the dispute.

Users, as a result of using the services or not complying with the terms and conditions, expressly accept that they will hold Search Platform, S.L. harmless from any damages, claims, demands and indemnities for any of these reasons, including legal fees, or any action that third parties may wish to take as a result.

9.Modification of the general conditions:

Search Platform, S.L. may modify the rules of use and general contracting conditions at any time it deems appropriate. However, the price and the rest of the conditions of the service that the user has requested will not be modified during the period of time between the offer and its acceptance by sending the invoice, unless by law or a decision of government bodies we must make changes retroactively to these policies, conditions or privacy statement, in which case, the possible changes will also affect services contracted previously.

10. Applicable law and jurisdiction:

These conditions shall be governed by or interpreted in accordance with Spanish law insofar as it is not expressly established. The provider and the user agree to submit any dispute that may arise from the provision of the services subject to these conditions to the courts and tribunals of the user's domicile. In the event that the user is domiciled outside Spain, the provider and the user expressly renounce any other jurisdiction, submitting themselves to the courts and tribunals closest to the town of Vilassar de Mar (Barcelona).SPAIN