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1. Initial provisions

These general conditions of use regulate the relationship between Hexónio Consulting Lda (hereinafter referred to as Hexónio) and the client company or organization (hereinafter referred to as Client) using the DPO Agenda IT solution, made available under SaaS (software as a service), or by direct installation on the Client's own server, hereinafter referred to as service.

Through its website dpoagenda.eu, Hexónio provides a computer solution related to and within the scope of the European personal data protection regulation, referred to as GDPR (General Data Protection Regulation), as it is also commonly referred to. No change to this regulation is the responsibility of Hexónio, nor will they oblige Hexónio to complete any updates of the DPO Agenda solution; however, it is Hexónio’s intention to carry out updates of the solution whenever deemed justified.

These Terms and Conditions may be changed at any time; therefore, we advise customers to read them periodically or, at least, when hiring or extending the service. The latest updated version of these Terms and Conditions is available on the website dpoagenda.eu, and its content can be accessed, printed or saved locally at any time.

2. Contract

These Terms and Conditions (or any private contract, when applicable) determine the terms of the contractual link between Hexónio and the Client, for the usage of the DPO Agenda solution.

By filling in the necessary data required in the accession forms, the Client will have to provide its legal and tax data. For these reasons, the Client shall ensure that all necessary legal requirements to do so are fulfilled.

The entity signing the contract is the Client. During the accession process, the Client will also have to provide a means of contact, in order for us to be able to contact its company representative in case of need.

By providing us with your contact details, you consent to our communication regarding new DPO Agenda updates and other products or services offered by Hexónio. The representative of the company at the time of accession will be considered the contact person for all communications necessary and inherent to the provided service’s contractual relationship.

The contract for the usage of the DPO Agenda solution is signed for periods of one year, or according to the available options.

3. Accession process

The accession process for the usage of the DPO Agenda solution is carried out in four consecutive steps:

  1. Choosing the most suitable option for your company or organization’s size and needs;
  2. Filling in the respective form, which allows you to sign your intention to acquire the chosen service;
  3. Payment of the amount associated with the chosen options, increased by the legal fees in force;
  4. Activation of the DPO Agenda solution, DPO user registration and providing the Client with the access data.
The accession will be considered to be in effect after the first three steps have been completed and the payment confirmed.

Hexónio will have a maximum of 72 working hours to activate and make the DPO Agenda solution available to the Client. The Client will be notified within this period, by email, of his access credentials.

4. Contract extension

The following are considered as contract extensions:

  1. Situations in which the right to use the DPO Agenda solution is extended for consecutive periods of one year, hereinafter referred to as annual licences;
  2. The transition to available solutions, considered more functionally complete and superior to the solution acquired up to then, hereinafter referred to as upgrades.
The prices and conditions are published together with the offer and are deemed accepted by the Client as soon as the payment process has been completed. The same rules and deadlines related to the accession process shall apply for the availability of the newly acquired extension.

5. New versions of the solution

Hexónio may provide a new version of the DPO Agenda at any given moment; however it is Hexónio´s responsibility to maintain compatibility with the previously entered data.

New versions may be released as a result of:

  1. Verified and corrected anomalies;
  2. Amendments to the GDPR;
  3. New features.
Whenever a new version is in perspective, the Client is notified in advance of the list of modifications to be made available and the period of service unavailability eventually necessary for the update. This type of information shall be communicated solely in the English language.

6. Contract completion

The contract shall be in force until its completion date, calculated and communicated at the beginning of the contract or on the moment of its extension.

There are no automatic renewals. The Cliente is notified by email of the necessary steps to be taken in order to renew the contract during the last month before contract completion.

Either party, Hexónio or the Cliente, may at any given moment terminate the contract with the other party for an unjustified reason. In this case, it is Hexónio’s responsibility to provide access to DPO Agenda solution up to the foreseen date for the end of the contract, being granted the right of non-renewal. On the Client’s side, the contract is terminated by the non-award of its extension at the end of the contract.

The contract can be terminated by just cause, whenever one of the parties fails to comply with any foreseen clauses of its responsibility and fails to correct the situation within a maximum period of thirty days after the other party has reported the incident. In case of termination by just cause, the Client may request a refund corresponding to the pre-paid and unused period. Excluded from this refund are the installation cost and the period used (incomplete months).

7. Security and responsibilities

7.1 Accesses and data

It is the Client's responsibility to control the access to the DPO Agenda solution. The DPO Agenda solution comes with one configured user, which is responsible for the parameterization of the solution, including granting access to the Client’s remainder users. Thus, he shall inform them of the rules of conduct and best practices when using DPO Agenda. Users registered on behalf of Client shall comply with basic security standards including:

  1. Accessing the DPO Agenda solution only through safe networks;
  2. Keeping their credentials private, without handing over their personal access under any circumstances;
  3. Periodically modifying their access key or whenever it may in any manner be compromised;
  4. Refraining from using the platform as a repository for documents that are not directly related to the GDPR;
  5. Refraining from using their access key for illicit activities against Hexónio, the Client or any third parties;
  6. Notifying Hexónio whenever an eventual security breach is detected.
The Client owns its data and is also responsible for it, and no responsibility for their content rests with Hexónio.

The Cliente is also responsible for keeping its contact details up-to-date, such as their address, contact person or any other contacts requested during and after the contracting process.

Hexónio is responsible for data security as a whole, either directly, or through a contract with a third party chosen as a service provider. In order to reinforce and make it reliable, any additional security solution will be implemented globally and not separately for each of the clients. In this regard, Hexónio commits to:

  1. Maintaining a weekly updated security backup system for the Client;
  2. Provide its service using secured transmission methods in communications with the servers.
Notwithstanding the provisions of the preceding paragraphs, Hexónio is not responsible for any losses or damages suffered by the Client, including loss of information, fines and any other direct, indirect, consequential or commercial damages. The Client's data ceases to be accessible at the end of the contract and it is the Client's responsibility to extract it in advance.

7.2 Property

Hexónio is and will be in any circumstances the exclusive owner of the industrial, intellectual or any other property rights related to its website dpoagenda.eu and the DPO Agenda solution.

The subscription to the DPO Agenda solution service usage cannot be interpreted in any way as a transfer of ownership of any rights to the Client or to any registered user.

All content, information, images and other data published on dpoagenda.eu and DPO Agenda solution are the exclusive property of Hexónio, which reserves all rights thereto.

It is strictly forbidden to alter, reproduce, publish, transmit to third parties and/or carry out any other activities related to these contents without prior written authorization from Hexónio.

Any infringement of copyright, trademark or other intellectual property by the Client or the Client’s users, may result in a civil and/or criminal penalty for the Client.

Hexónio reserves the right to ban any Client or Client’s users who infringe any of these rights, from using the subscribed service.

7.3 Service availability

The subscribed service will be made available by Hexónio to the Client without any restrictions regarding the number of uses, time or schedules, as long as the Terms and Conditions expressed in this document and which validate the whole services contract are complied with. Any foreseen service unavailability will be notified to the Clients as far in advance as possible and should ideally take place during non working hours.

The availability of the service is however related to several factors beyond Hexónio's control, and Hexónio cannot be held responsible for providing access to the public data network, whether on behalf of the Client or on behalf of other third party companies. In addition, a "Force majeure" clause is added under the item concerning other provisions.

7.4 Data protection and confidentiality

Hexónio ensures, both during and after the term of the contract, total confidentiality regarding the information provided by the Client.

Hexónio ensures that after the end of the contract, all Client data contained in the DPO Agenda solution, as well as the respective backup copies, are kept for a period of one month and will be erased within a maximum period of three months.

Hexónio ensures that the data provided by the Client for the elaboration of the services contract is kept only for the legal and/or mandatory period.

8. Other provisions

8.1 Publicity

During the accession process, you may have the possibility to authorize Hexónio to refer to your company or organisation within the framework of the DPO Agenda. References may include the name of the company or organization, logo, link to the Client's corporate website, geographical area and activity sector data.

8.2 Complaints and suggestions

Any complaint or suggestion related to the usage of the DPO Agenda solution can be reported via e-mail to our address solution@dpoagenda.eu, with the guarantee of our appreciation.

8.3 Force majeure

Hexónio or its representatives, the Client, as well as any of its users, may not be held responsible for availability or performance issues regarding the contracted service, caused by failures outside its scope such as, but not limited to, failures in hosting servers, cyber attacks, power failures, strikes, riots, terrorist attacks, war or government actions.

9. Termination

9.1 Right to withdrawal

The Client has the right to freely terminate the services contract without providing any reason.

The right to withdrawal shall expire 14 calendar days after the day on which the service is activated, except in the cases listed below, where there is no right of free withdrawal.

In order to exercise its right of free termination, the Client must notify Hexónio of the decision to terminate this contract, by means of an unambiguous statement sent via e-mail to contract@dpoagenda.eu mentioning in the subject "term". The Client will be contacted for the refund of the due amount.

Your communication concerning the exercise of the right of free withdrawal shall be sent before the expiry of the withdrawal period, in order for the withdrawal period to be observed.

9.2 Withdrawal effects

In the event of termination of this contract, Hexónio will refund you for the payments made, without undue delay and in any case no later than 14 days from the date on which Hexónio is informed of your decision to terminate this contract, together with the data necessary for the refund.

Refunds are made by bank transfer and the Client does not incur in any additional costs other than the direct costs of the bank transfer and/or sending the letter of termination.

9.3 Absence of the right to withdraw

The Client cannot terminate the services contract freely and with the right to a refund, after the period of free termination has expired and/or when any of its users fails to comply with the responsibilities and basic rules of use described in section 7.1.

9.4 Final termination

The Client has 30 days from the date when a refund has been received to reject it. If a refund is not rejected during these 30 days, it will constitute the final and full settlement of any claim he may have related to Hexónio, arising from or associated with the use of the subscribed service.

10. Final provisions

These usage conditions can be updated at any time by Hexónio and made publicly available on its website dpoagenda.eu in order to meet legal requirements or changes in operation.

The usage or access by the Client of the subscribed services after the publication of a new version of this document on the website dpoagenda.eu will be considered as an unequivocal sign that the Client has read, accepted and understood the amended Terms and Conditions.

10.1 Partial invalidity

The total or partial invalidity of any of the clauses of these Terms and Conditions will not affect the validity of the remaining conditions and provisions stipulated herein, and will not affect their validity as a whole. Furthermore, the Client and respective users of the DPO Agenda service expressly agree not to invoke against Hexónio any invalidity that might be declared. Such invalid provision shall be replaced by a valid provision that reflects, as similarly as possible, the economic and/or commercial effect laid down by the provision deemed invalid.

10.2 Other provisions

If the Client infringes these Terms and Conditions, Hexónio may, at any time, exercise its rights or adopt any measures concerning such infringement. Notifications to either party shall be submitted in written form and delivered by electronic mail (unless a notification is to be sent for legal proceedings) or prepaid mail. Any notification sent by Hexónio will be transmitted to the e-mail address declared on the form at the time of the accession to the subscribed service.

10.3 Governing law / Jurisdiction

The conditions of this contract are governed by the Portuguese law. Any dispute or matter arising from the interpretation, breach or enforcement of these Terms and Conditions shall be heard and decided by the district court of Lisbon.

By acquiring the right to the usage service of the DPO Agenda solution, the Cliente declares to have full knowledge and understanding of all the contents of these Terms and Conditions, and declares to accept these terms in their entirety.

By using the subscribed service, the Cliente and all users registered on its behalf expressly state that they have been properly informed of these Terms and Conditions, and that they have taken full and complete knowledge and understanding of all its contents, conditions and implications, and that they accept these Terms and Conditions in their entirety without any reservations.

For any questions regarding these Terms and Conditions, please contact Hexónio's administrative services by email at services@dpoagenda.eu.

Hexónio Consulting, Lda