en Patricio Martínez Maximià Torruella Arquitectura, S.L. (hereinafter ‘PMMT’), with registered office at C/ Pamplona, nº 96-104, Local 2, 08018 Barcelona, Spain and Tax Identification Number B64590201, is registered in the Mercantile Register of Barcelona, Volume 39726, Folio 0087, Page 352635, Entry 2a. Telephone: 932 055 376. E-Mail: info@pmmtarq.com
PMMT is a professional company whose services consist of offering architectural consultancy, with a special focus on advice for the creation and design of healthy spaces and environments in the health sector. The provision of its services is subject to the professional regulations in force in the architecture sector that are applicable in Spain and is subject to compliance with the deontological regulations of the Architects' Association of Catalonia.
General
1.1. PMMT is the owner of the PMMT Web Site and informs that the use of this site, as well as the use of all the ‘Services’ and ‘Content’ offered therein is subject to these Conditions, as well as to the specific conditions and the corresponding personal data processing policies.
1.2. The use of the Website is free of charge and automatically confers the status of ‘User’, implying full acceptance of these Conditions. These Terms and Conditions, as well as any amendments or other legal notices will be available on the Website and will be understood to be in force as soon as they are published on the Website. Please read these terms and conditions carefully, as accessing and/or using the service means that you have read, understood and accepted, without reservation, these terms and conditions.
1.3. Certain Services or Content offered on the Website (in particular the job offer registration service) are or may be subject to "Special Conditions", also made available to the User, which may supplement or replace these Conditions with respect to the use of the particular service to which they refer. Prior to the acceptance of such service, the User may access the particular conditions applicable to them and, in particular, must accept them in order to formalise the corresponding contract.
Content of the Website
2.1. The Website provides information and other content prepared by PMMT in relation to the characteristics of the company and the services it offers.
2.2. The Contents of the Website cannot be considered, under any circumstances, as a substitute for professional advice or of any other nature. Access to them is free and does not imply any relationship between PMMT and the User, nor any other type of trusting or professional relationship between PMMT and the User of the Website.
2.3. The hypertext links contained in the Website to other websites are included because they are considered to be of interest to the User, without implying the existence of any relationship, promotion or professional link between PMMT and the owner of the linked website. PMMT has no control over these websites, and therefore is not responsible for their services, content or the state of the same.
Proper use of the Website and its information
3.1. The User agrees at all times to use the Website in accordance with these Terms and Conditions and applicable law. In particular but without limitation, the User shall not in connection with or within the Service:
- Register or communicate data that is not true, accurate, complete and/or up to date. The User must use the updating tools established on the Website in order to make the necessary changes to the User's data.
- Accessing the Service using the name, identification data or password of another User or impersonating any person or identity. Use the Service for purposes other than personal and private use.
- Defame, abuse, annoy, harass, threaten or otherwise violate any rights of other Users or any other person. Use the Service to communicate any information or content that is contrary to the rights of others, such as, for example, those that are denigratory, defamatory, aggressive, obscene, sexually explicit, offensive, violent or inciting to violence, racist or xenophobic, or in general of an illegal nature.
- Infringe the intellectual or industrial property rights of PMMT, of the manufacturers included on the Website or of any third party including any patent, trademark, trade name, publicity rights or similar. In the case of providing any User Content that may be protected by such rights, the User must have all the corresponding rights for its use in accordance with the Service. Infringe the rights relating to personal data, privacy or image protection of any natural person and/or the reputation of any third party through the Service.
- Infringir los derechos relativos a los datos personales, intimidad o protección de la imagen de cualquier persona física y/o la reputación de cualquier tercero mediante el Servicio.
- Restrict or prevent any other User from using and enjoying the Service.
- Send or disseminate information, code or content that may reduce, impair, disrupt or impede the normal use of the Website by any User, and/or that may damage or harm the equipment or property of PMMT or other Users, including, without limitation, malicious applications, viruses, logic bombs, unsolicited messages (SPAM), etc. PMMT reserves the right to delete messages sent by a User in order to maintain a good quality of use of the Service.
- Sending solicited or unsolicited commercial communications or any other type of advertising not authorised by PMMT by any means (including without limitation by email, SMS or any other means of communication), or to third parties or to any other User of the Service.
Liability
4.1. You use this Website at your own risk. PMMT does not warrant that the Website will be uninterrupted, without delay, error, omission or virus free. Accordingly, the Website and its Contents are provided ‘as is’ without warranties of any kind, express or implied, it being understood that neither PMMT nor its partners, collaborators, employees or representatives shall be liable for any errors or omissions in the Contents or Services or for any damages arising from the use of this Website, nor for any actions taken on the basis of the information provided therein.
4.2. To the maximum extent permitted by law, PMMT accepts no liability whatsoever for any loss or damage (including, without limitation, any direct, indirect or consequential loss or damage, loss of business, data, including the User's Profile, contracts or profits, computer software or hardware loss or damage) arising out of access to or use of or inability to access or use the Website or any part thereof, whatever the cause, including but not limited to the absence of content that meets the User's needs, the publication of the User's content on the Website (always in accordance with these Conditions), the inaccuracy or incorrectness of the information/activities contained in the Service or provided by its Users, the damage that may be caused by the information offered by other Users of the Service, among others. PMMT shall not be liable for any possible damage caused to the image, position or reputation of the User.
Derechos de Propiedad Industrial e Intelectual
5.1. The entire Content of this Website, whether texts, images, sound, files, trademarks, logos, colour combinations or any other element, its structure and design, the selection and form of presentation of the Contents included therein, and the computer programmes necessary for its operation, access and use, are protected by industrial and intellectual property rights, owned by PMMT, the manufacturers analysed or, where applicable, their licensors, which the User must respect.
5.2. The copying, transformation, distribution or public communication, as well as any other act of disposal of the Contents is strictly prohibited, unless the appropriate express authorisation has been obtained from PMMT. The User only has a strictly private right of use, exclusively for the purpose of consulting and accessing the information. With the acceptance and continued compliance with the Conditions and duration of the latter, PMMT grants the User a free, non-exclusive and non-transferable licence to access the Contents of the Website exclusively for the uses set out in this clause. Except for this licence, all other rights to the content are the property of PMMT or its licensors. The User may not and shall not sell, rent, lease, distribute, transfer, sublicense or otherwise dispose of the rights granted under this licence or PMMT's content except with prior written permission.
5.3. The temporary storage and reproduction of some or all of the Contents of the Website is authorised for the sole purpose of being used for personal and non-commercial purposes. Reproduction, permanent storage and dissemination of the Website Content or any use for public or commercial purposes is strictly prohibited without prior written consent of PMMT.
Processing of Personal Data
6.1. For the purposes of the provisions of Law 15/1999 of 13 December on the Protection of Personal Data (hereinafter ‘LOPD’), and other applicable legislation, PMMT informs its Users and any third party who provides their personal data to this entity on its policy of Protection of Personal Data, which is available on the Website, in the following link ‘Privacy Policy PMMT’.
Jurisdiction and applicable legislation
7.1. These General Conditions of Use of the Website and all relations established between the User and PMMT shall be governed by Spanish law, the competent jurisdiction being that of the courts of the city of Barcelona.
Notifications.
8.1. Any notification may be addressed to PMMT at the address given in the heading or by sending an email to the following address: info@pmmtarq.com
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GENERAL TERMS AND CONDITIONS OF CONTRACT
1. PURPOSE OF THE CONTRACT
These General Conditions together with the Collaboration Proposal make up the Contract for the Provision of Services (hereinafter, ‘Contract’). The purpose of these General Conditions is to establish the terms and conditions that will govern the relationship between Patricio Martínez Maximià Torruella Arquitectura, S.L. (hereinafter ‘PMMT’) and the Client, as a consequence of the Services to be provided by PMMT, described in the Collaboration Proposal, both documents constituting the general contractual conditions that will govern the relationship formalised between the Client and PMMT.
In the event of any discrepancy between the corresponding Collaboration Proposal and these General Terms and Conditions, the provisions of the Collaboration Proposal shall apply.
2. SCOPE OF OUR SERVICES
The Collaboration Proposal contains the description of the professional services to be provided by PMMT to the Client for each specific project.
3. WORK PLAN
For the correct performance of the work indicated, the Client shall provide the necessary collaboration of its personnel and PMMT and our collaborators shall be provided with the details and documentation required. PMMT assumes no liability in the event that the documentation provided is incomplete or incorrect.
4. CONTRACTING OF SERVICES
The contracting of the aforementioned work is carried out on a service leasing basis, and must therefore be carried out in accordance with the rules of civil law governing this type of contract and the rules of ethics of the Higher Council of Architects' Associations of Spain.
5. FEES
The parties agree that the prices for the provision of the services covered by this Contract will be regulated in the corresponding Collaboration Proposal.
Our fees are based on the necessary degree of specialisation, on the experience of the personnel involved and on the time we estimate to carry out the work with the information available to us at this time.
Likewise, in the event that the Client requests services other than those foreseen in the Collaboration Proposal, PMMT will send them an estimate of fees, based on the time estimated as necessary to carry out the work entrusted.
6. INVOICING AND PAYMENT
PMMT shall issue and send the invoice to the Client for the fees accrued in the performance of the services, in accordance with the terms, deadlines and conditions established in the Collaboration Proposal.
Payment of the price shall be made by the Client in the form of payment also specified in the Collaboration Proposal and within a maximum period of 30 days from the date of issue of the corresponding invoice.
7. DURATION OF THE CONTRACT
The present Contract shall come into force with the acceptance of the Collaboration Proposal and shall end with the termination of the provision of the services that are the object of the same.
8. OWNERSHIP
PMMT shall own the copyright and any intellectual and industrial property rights over PMMT's technology, know-how, etc. and the elements to be delivered and the services to be provided. The signing of this Agreement does not grant the Client any intellectual or industrial property rights over the technology, know-how, etc. of PMMT.
9. ASSIGNMENT OF EXPLOITATION OF INTELLECTUAL PROPERTY RIGHTS
The Client authorises PMMT to reproduce, distribute and publicly communicate on its website its logos, trademarks, website reviews, etc. during the term of this Agreement and after its termination.
10. LIMITATION OF OUR LIABILITY
PMMT has taken out a professional liability policy to cover its activity.
11. TERMINATION OF THE CONTRACT
This Contract may be terminated for the following reasons, in addition to those provided for by Law:
(i) By mutual agreement of the parties
(ii) By the express will of either of the parties, with 2 months' notice being required, in which case, the Client must first settle the services provided by PMMT up to the date of termination.
(iii) This Agreement may be terminated by right by either party in the event of serious breach by the other party of its contractual obligations. In this case, the defaulting party shall require the other party to perform the obligation not fulfilled. If 15 days have elapsed since the aforementioned notification without the fulfilment of the aforementioned obligation, the party in breach shall be entitled to request the termination of the Contract.
12. ASSIGNMENT OF THE CONTRACT
The parties may not assign, in whole or in part, the rights and obligations under this Agreement to a third party, except with the prior written consent of the other party.
13. ENTIRE AGREEMENT
These Terms and Conditions and the Consulting Proposal constitute the entire Agreement between the parties with respect to the Services and supersede all other oral or written agreements, understandings, offers, representations or undertakings relating thereto.
In the event of any conflict or inconsistency between the Consulting Proposal and these Terms and Conditions, the former shall prevail in relation to the matters in respect of which there is a conflict or inconsistency.
14. MISCELLANEOUS PROVISIONS
14.1. Partial invalidity
In the event that any provision of these General Terms and Conditions is declared invalid, the remaining provisions shall remain in force and shall be interpreted taking into account the will of the parties and the purpose of these General Terms and Conditions.
14.2. Waiver
PMMT's failure to exercise any right under these General Terms and Conditions shall not be construed as a waiver of such right, unless expressly waived in writing by PMMT.
14.3. Headings
The headings of the clauses are only indicative and shall not be considered as an integral part of the General Terms and Conditions.
15. COMMUNICATIONS
All communications between the parties in connection with this Contract shall be in writing, shall be addressed to the addresses and numbers set forth in the Consulting Proposal and shall be delivered personally or in any other manner certifying receipt by the party notified.
Any change in the addresses designated by the parties to this Contract shall be communicated to the other party in accordance with the provisions of this Clause.
16. CONFIDENTIALITY, TRANSPARENCY AND DATA PROTECTION
The provision of technical services, the object of this Collaboration Proposal, implies physical access to the premises where the Client's files or personal data processing by PMMT personnel are located.
Access to any type of confidential information and, in particular, to personal data belonging to the Client by PMMT is prohibited. Notwithstanding the above, in the event that the Client becomes aware of any type of confidential information for the purpose of providing the service, the Client undertakes to keep it secret, not to disclose it or publish it, either directly or through third parties or companies, or to make it available to third parties. This obligation of confidentiality is of an indefinite nature, subsisting at the end of the present project for any reason.
PMMT undertakes to communicate and enforce the obligations established in this agreement to the personnel under its charge and contracted on its behalf.
Neither party assumes any liability for any breach of the data protection regulations in force by the other party. In the event that PMMT communicates the data or uses them in breach of the stipulations of this agreement, it shall be liable for the actions it has personally incurred.
In compliance with the provisions of current legislation on the Protection of Personal Data, the parties inform the participants that the personal data contained in the Proposal and those arising from the relationship will be included in files owned by each of the parties.
The basis for the processing of the data is the correct execution of the agreement. It is necessary to provide such data, otherwise it would not be possible to manage the contractual relationship. The data will be kept for as long as the relationship is maintained and their deletion is not requested and in any case in compliance with the applicable legal limitation periods.
No data will be transferred to third parties, unless legally obliged to do so, nor are international transfers of such data planned.
In accordance with the provisions of the regulations applicable to the Protection of Personal Data, the Client may exercise the rights of access, rectification, cancellation, opposition, limitation and portability, where applicable, in relation to their personal data by sending their request by e-mail to info@pmmtarq.com or in writing to the registered office of PMMT. In such a request, the Client must properly identify himself/herself and clearly state the right exercised in relation to the processing.
Likewise, data subjects have the right to complain to the Supervisory Authority (Spanish Data Protection Agency: www.agpd.es).
PMMT guarantees that it will apply to the files the security measures required by law to maintain the security of the processing of such data and that it will use them only for the purposes set out in this clause.
17. SUSTAINABILITY AND ENVIRONMENT
The SUPPLIER undertakes to comply with all applicable environmental legislation in all that affects the activities or services it provides to Patricio Martínez Maximià Torruella Arquitectura, S.L. and undertakes to minimise the environmental impact that may be associated both with the purchase of goods and services and with the manufacture, transport, use and disposal of the same.
The SUPPLIER will actively avoid all activities that could have a negative environmental impact.
18. LAW AND JURISDICTION
All matters relating to this Contract (i) are governed by Spanish law and (ii) are subject, expressly waiving any other jurisdiction, to the Courts and Tribunals of the city of Barcelona (Spain).
PMMT is a professional company whose services consist of providing architectural consultancy, with a special focus on advice for the creation and design of healthy spaces and environments in the health sector.