End User > Acceptance for Third Party by Interposition (AD-EN)
Both Parties agree to execute this contract electronically with the cooperation of a Third Party by Interposition . In order to do so, the PREDISPOSING PARTY or LOGALTY will send a copy of the contract to the ADHERING PARTY, using the e-mail address indicated.
In order for the ADHERING PARTY to access the contract, LOGALTY will make available to the ADHERING PARTY the mechanisms required for it to access the contract in accordance with the provisions of the PREDISPOSING PARTY. After accessing and reading the contract, the ADHERING PARTY will be able to accept the terms set forth in the contract using the mechanisms provided by LOGALTY. By using these mechanisms, the ADHERING PARTY will accept the terms, thus generating electronic proof of such acceptance.
LOGALTY will forward to the PREDISPOSING PARTY and to the ADHERING PARTY an electronic certificate evidencing what has occurred in the process. The ADHERING PARTY will receive this certificate at the e-mail address indicated.
In order to guarantee the legal enforceability of the procedure described above, both Parties agree:
- To appoint LOGALTY as Third Party by Interposition , entrusting it with the generation and safekeeping of proof that the contract has been executed, if appropriate, for a minimum of five years.
- In accordance to the provisions of Article 5.4 of the Act 35/2014, of November 27th, on e-confidence services, for the purposes of the articles 28 and 31 of the Act 20/2014, of October 16th, which regulates e-procurement and operators which develop their business activity within the digital space, both Parties agree on the fact that the use of electronic signature mechanisms proposed by LOGALTY (listed below), shall be given the same validity as those hand-written signatures on paper.
- In order for LOGALTY to provide the service as a Third Party by Interposition , the ADHERING party hereby authorizes the PREDISPOSING party to make available to LOGALTY the data necessary for the provision of the service, for the sole purpose of the generation and safekeeping of electronic proof of the existence and contents of the standard and/or specific terms being executed.
- Accordingly, LOGALTY shall be considered as a service provider of personal data, regulated in article 12 of the Personal Data Protection Act 15/2003, of December 18th, with the inherent obligations on this matter.
The following are the mechanisms made available by LOGALTY for access to and acceptance of the terms:
- Qualified electronic signature or seal of the ADHERING PARTY, in accordance with the provisions of articles 5.3 and 7.3 of the Act 35/2014, of November 27th
- Signature traced by hand on an electronic device
- PIN sent by SMS (texted) to the ADHERING PARTY, who will enter it, if appropriate, on the LOGALTY website
- PIN sent by VOICE to the ADHERING PARTY, who will enter it, if appropriate, on the LOGALTY website
If, as a result of the execution and/or performance of this contract, notice of any circumstances need be served between the Parties, the Parties agree that the service of such notice may be certified, whether sent by mail or electronically to the postal or e-mail addresses or cell phone number appearing in the heading of this contract.
If either party changes its postal or e-mail address or cell phone number during the term of this contract, it will have the obligation to inform the other of the new addresses and/or cell phone number. Any party in breach of this obligation must bear any legal consequences arising from such breach.