Terms of Use

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GENERAL TERMS AND CONDITIONS CONTRACT 

 

This document sets forth the general terms and conditions of the contractual relationship involved in the provision of services offered from this web platform, owned and held by Isigma Asesoría Tecnológica, S.L. (hereinafter, "ISIGMA"), with registered offices at Calle Esteve Terrades, nº 1, Módulo 114A, Código Postal: 08860 de Castelldefels (Barcelona), listed on the Companies Register of Barcelona under Volume 38688, Folio 0013, Page 331614, with Tax Identity Code: B-64228430, and the individuals and/or entities (hereinafter, "CLIENT") declaring their desire to contract the services by requested as such over the internet and accepting one of the models of use available on the website www.portasigma.com. All the rights acknowledged to consumers and to those referred to herein under current laws shall be exclusively applicable to clients considered consumers and acting in a manner that is in no way related to their commercial activity, business, trade or profession. Where the CLIENT is not considered a consumer, according to current regulations, the precepts that the law solely acknowledges to this group shall not apply. Where any of the provisions set forth in these terms and conditions are solely applicable to CLIENTS acting as such in their professional and representational capacity, this shall be expressly indicated.

These requests from CLIENTS form the specific terms and conditions to which these terms and conditions are associated, which the CLIENT must accept on line before contracting the service. The CLIENT is informed of these terms and conditions over the same web platform so that they may be read, printed, filed and accepted. These general terms and conditions together with the request for the specific services made by the CLIENT implies the execution of the service provision contract between ISIGMA and the CLIENT, who declares to have read, understood and accepted these terms and conditions. The CLIENT may always consult these general terms and conditions on the web platform.

ONE.- PURPOSE OF THE CONTRACT.-

ISIGMA is a company that deals in the development, marketing and hosting of a computer solution that involves the provision of digital signature services over the platform developed for this purpose (hereinafter, “PORTASIGMA”) to which the CLIENT shall be given access by way of contracting the services in the modality chosen.

By way of these General Terms and Conditions, ISIGMA agrees to provide the CLIENT with remote access to PORTASIGMA from any computer with internet access in exchange for the conditions established in each specific contract.

By requesting the services and accepting these General Terms and Conditions of Contract, the CLIENT declares:

  1. a)         That he or she is an individual of legal age and with the capacity to enter into this agreement.
  2. b)         That he or she has read and understood and accepts these General Terms and Conditions of Contract.

TWO. DEFINITIONS

In order to provide a better understanding of these General Terms and Conditions of Contract, the following definitions are accepted by the Parties:

Client: an individual or entity contracting the service, accepting these General Terms and Conditions of Contract and acquiring the PORTASIGMA user licence by way of said acceptance.

Users: individuals who have a business relationship with the Client and who are authorised to generate documents in PORTASIGMA that can be digitally signed. By way of his or her Control panel, the Client may enable Users who are authorised to generate documents that can be digitally signed over PORTASIGMA.

Signatories: individual or entity receiving and digitally signing the documents generated by the Users. The User must enter his or her basic details in PORTASIGMA in order to be able to authorise a signatory.

Advanced digital signature: a digital signature that identifies the signatory and detects any subsequent change in the data signed, which is linked uniquely to the signatory and to the data and that has been created using resources that the signatory can use with a high level of trust, under his or her exclusive control, according to the definition set forth in the Digital Signature Law 59/2003 of 19 December.

Digitally-signed document: digital file created by the Client or by the User that is sent and signed by the Signatory via the resources provided over PORTASIGMA.

Control panel: Client-accessible system in which the files or documents generated and his or her signature status can be controlled in real time.

THREE. ACCESS.-

Access to PORTASIGMA by the CLIENT is free and uncharged according to the conditions and limitations that be established in each case. However, some of the services and contents offered may be charged in the manner determined in the corresponding specific terms and conditions, in which case they shall be clearly indicated.

Where the CLIENT must register or provide personal data to be able to access any of the specific services, the collection, processing and, where applicable, transfer of or access to the personal data of the CLIENTS shall apply by the provisions of the Privacy Policy.

FOUR.- ACCEPTANCE AND PROOF OF ACCEPTANCE.-

The services may be contracted by any individual or entity wishing or requiring as such. To do so, however, registration in PORTASIGMA is required.

The contracting of any of these services implies that the CLIENT must expressly accept these terms and conditions beforehand at the appropriate time indicated.

As of the time of acceptance, the individual or entity shall be considered a CLIENT. Any product or service offered subsequently by ISIGMA must be subject to a new contract.

The Signatory shall also be bound by these Terms and conditions as soon as he or she has agreed to access the platform to sign the digital document sent by the User.

Should the CLIENT wish to read the Terms and Conditions of Contract more carefully, they can be printed on paper or the document saved in digital format.

The CLIENT may view these digitally signed Terms and Conditions of Contract at any time in his or her profile, which he or she is free to access and consult.

ISIGMA hereby indicates that, for legal reasons, it files the digital documents in which the purchases are completed and the CLIENT may access them at any time.

Acceptance of these General Terms and Conditions and payment of access, where required, entitles the CLIENT to use PORTASIGMA indefinitely from any device with internet access.

FIVE.INFORMATION ON SERVICES.-

The services offered on the portal are described based on the PORTASIGMA catalogue of Packages and Plans.

SIX.- ALTERATION OF THE GENERAL TERMS AND CONDITIONS.-

ISIGMA reserves the right to modify these General Terms and Conditions at any time, without having to inform the CLIENT of such in advance. On all accounts, the CLIENT is responsible for reviewing them as a prerequisite to contracting any service available via PORTASIGMA. The General Terms and Conditions indicated in PORTASIGMA when the CLIENT contracts the corresponding services shall, however, be deemed valid and applicable.

SEVEN.- RIGHTS AND LIABILITIES OF ISIGMA.-

7.1. Service provision.- Once the service has been requested and the steps indicated in PORTASIGMA have been followed, the CLIENT shall receive an e-mail containing confirmation of the service contracted and, from that time, he or she may use the platform in relation to the service requested.

7.2. Problems with document submission. Should the CLIENT implement a procedure and the application indicates an error or some kind of unknown problem, please contact the ISIGMA team at This email address is being protected from spambots. You need JavaScript enabled to view it. so that they can solve the incident, where applicable.

7.3. Liability of ISIGMA. Under no circumstances shall it be held liable in relation to:

7.3.1. Any errors, delays in access by the CLIENT when entering his or her details in the order form, the slowness or failure of reception by the recipients of the order confirmation or any abnormality that may arise when these incidents are due to internet problems, force majeure or any unforeseeable event not attributable to the good faith of the company. On all accounts, ISIGMA agrees to solve any problems that may arise and to offer all necessary support to the CLIENT to find a fast, satisfactory solution to the incident.

7.3.2. Any errors or damage produced due to inefficient and negligent use of the service by the CLIENT.

7.3.3. Non-operability of or problems with the order confirmation e-mail address or telephone number provided by the CLIENT.

7.4 Guarantees:

7.4.1. PORTASIGMA is a standardised platform for the digital signing of documents created and managed by the CLIENT. Under no circumstances does the Service include the adaptation of PORTASIGMA to the needs of the CLIENT, including but not limited to the integration thereof into systems owned or licensed by the CLIENT, such as CRM, ERP or similar internal management programs or applications of the CLIENT. Notwithstanding the above, PORTASIGMA may be used by way of an API user model so that it is integrated into the technological structure of the CLIENT.

7.4.3 ISIGMA is not liable for compensating the CLIENT or third parties for the consequences of using the Services, whether these include direct or indirect damage, accidents suffered by individuals or damage to third-party property, especially where the Services have been used in a different manner to that indicated in their specifications.

7.4.4. Where the CLIENT is considered a Consumer under the terms of the Spanish General Law for the Defence of Consumers and Users and other additional laws, the consolidated text of which was approved by Spanish Royal Legislative Decree 1/2007 of 16 November, the CLIENT shall have the right to abandonment and may withdraw from the contract within a period of 14 calendar days as of the date on which it was signed by writing to This email address is being protected from spambots. You need JavaScript enabled to view it..

However, given the nature of the service, the CLIENT shall lose the right to abandonment as soon as he or she uses part or all the service, and this has been completed.

 EIGHT.- RIGHTS AND LIABILITIES OF THE CLIENT.-

8.1. Payment.- Payment of the price grants the CLIENT the right to possess the improvements and updates in PORTASIGMA incorporated by ISIGMA.

The CLIENT agrees to pay in advance for the Service effectively requested, in the amount and manner indicated below:

8.1.1. Amount.- The price of the Service effectively requested by the CLIENT shall be as indicated in PORTASIGMA and is included in the specific request made by the CLIENT at any given time. These requests shall form the specific terms and conditions of a given order. The prices of the services indicated on the website include VAT, the sum of which shall be calculated when the order is placed, as applicable.

Taxes:

  • EU Residents 


The prices of these services include the corresponding Value Added Tax (V.A.T.), as indicated in the applicable law. 


Purchases made by V.A.T. payers residing in the European Union with an inter-European tax identification number shall be exempt from paying V.A.T. However, a copy of said identity document must be sent to This email address is being protected from spambots. You need JavaScript enabled to view it. in order to be able to apply this exemption.

  • Residents in non-EU countries 


Purchases made by individuals or entities residing in non-EU countries shall be exempt from paying V.A.T. Given their tax system, the following are considered non-EU countries: Canary Islands, Ceuta and Melilla.

8.1.2. Methods of payment.- The CLIENT must pay the amount corresponding to his or her order by way of:

- Credit or debit card (VISA or MASTERCARD): by entering his or her details into the virtual POS terminal existing on the web platform. On accepting this method of payment, the CLIENT confirms to be authorised to use the card in question for this purpose and is the holder thereof. Card payments shall be subject to the provisions of the Spanish Payment Services Law 16/2009 of 13 November, especially with regards to payment orders and the conditions for their renewal.

-Direct debit: for which the CLIENT must send an e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it. to expressly request this method of payment.

- Pay Pal: ISIGMA is not liable for any errors that may arise in relation to the functioning of the Pay Pal system (service with added cost indicated when you place your order).

8.1.3 Invoice.- The Invoice issued shall be accessible by the CLIENT on his or her internal panel in digital format only. The CLIENT agrees that he or she will only have access to the invoice in this format.

8.2. Liability of the CLIENT.- The following shall be the liability of the CLIENT:

8.2.1. The CLIENT agrees to pay in advance for the service effectively requested, in the amount and manner indicated below:

8.2.2. The CLIENT must make correct use of the platform and service offered by ISIGMA. The CLIENT must make lawful use of the services offered via PORTASIGMA, without contravening current law or harming the rights and interests of third parties.

8.2.3. The CLIENT is also liable for making correct use of his or her CLIENT profile and password to access the platform, and agrees to use them carefully and not inform others of them. He or she also agrees to inform ISIGMA of the loss or theft thereof or any access made by an unauthorised third party so that ISIGMA may instantly block the account.

8.2.4. The CLIENT is solely liable for the contents and lawfulness of the documents sent or filed via PORTASIGMA.

8.3        The CLIENT may not:

  • (i) Modify, dismantle, decompile or otherwise manipulate to obtain the source code of PORTASIGMA;
  • (ii) Disclose all or part of PORTASIGMA, the CLIENT acknowledging that PortaSigma.com contains and constitutes confidential information regarding ISIGMA;
  • (iii) Copy or reproduce PORTASIGMA, except in the cases expressly foreseen by law; or
  • (iv) Transfer, hire, lease or otherwise distribute any part or all PORTASIGMA to third parties either permanently or temporarily

8.4        The CLIENT must:

  • (i) Use PORTASIGMA according to the conditions established in this licence.
  • (ii) Take reasonable measures to protect PORTASIGMA from unauthorised use under the terms of this licence.
  • (iii) Use PORTASIGMA as instructed by ISIGMA, regardless of the format in which said instructions are accessible.

NINE.- LIABILITY.-

9.1.- Under no circumstances shall ISIGMA be liable for:

9.1.1.- Any faults or incidents that may arise in communications, deletions or incomplete transmissions that do not guarantee that the PORTASIGMA services remain constantly operational.

9.1.2.- The producing of any kind of damage that the CLIENT or third parties may cause in PORTASIGMA.

9.2.- ISIGMA reserves the right to suspend access without prior warning and in a discretionary and permanent or temporary manner until the effective liability of any damages arising can be ensured. Furthermore, ISIGMA shall cooperate with and notify the competent authority of these incidents as soon as it becomes reliably aware of the fact that the damage caused constitutes some kind of illegal activity.

9-3.-       ISIGMA does not control the conditions under which the CLIENT uses PORTASIGMA and, therefore, it cannot and does not guarantee the yield or results obtained through its use. ISIGMA does, however, agree and guarantee that:

  • (i) PORTASIGMA operates according to the specifications described and contains no type of programming order, code or instructions designed to hinder, delete, modify, damage or eliminate it. This includes, but is not limited to, the components commonly referred to as "back doors", "time bombs", "trojan horses", "worms", "drop deal devices" or viruses.
  • (ii) PORTASIGMA operates according to the specifications described on its website.

The above guarantees are the only ones granted by ISIGMA with regard to PORTASIGMA operating according to the specifications described or to the results that may be obtained through its use.

The CLIENT acknowledges having received all the information from ISIGMA that provides him or her with sufficient knowledge on PORTASIGMA in terms of this licence and ensures it meets his or her needs.

9.4.- Through this licence, ISIGMA shall not be compelled to compensate the CLIENT for any losses, damages, costs or expenses incurred by the CLIENT with regard to any claim due to an offence that is based on or a result of:

  • (i) Any combination, operation or use of PORTASIGMA with any other application, unless expressly authorised or ordered by ISIGMA;
  • (ii) Any unauthorised alteration or modification of PORTASIGMA.
  • (iii) Failure by the CLIENT to use the corrections or improvements provided by ISIGMA;
  • (iv) Any manipulation of PORTASIGMA by any individual not authorised by ISIGMA.

9.5.- The CLIENT must compensate ISIGMA and waive it and its shareholders, directors, managers, employees, agents, successors and/or assignees with regard to any liability relating to all losses suffered or incurred by any of them as a result of:

  • (i) The falsehood of any declaration made;
  • (ii) Breach by the CLIENT of any of his or her liabilities arising from this licence;
  • (iii) Any act of negligence, fraud or bad faith by him or her or by his or her agents or employees relating to the meeting of his or her obligations and/or the exercising of his or her rights under this licence;
  • (iv) Compensation due to direct or indirect damage, including loss of profits and consequential damage.

9.6.- The rights and guarantees contained in this clause are the only ones conferred to the other party, except those expressly included in the clauses of these General Terms and Conditions for Use. Any liability arising from the performance of PORTASIGMA and/or the results obtained through its use are expressly excluded.

9.7.- The responsibility of ISIGMA in relation to its compliance or non-compliance with its liabilities and with any other matter included in these General Terms and Conditions of Use, as a whole, including all claims, may not exceed the fees and expenses paid by the corresponding CLIENT according to this licence.

9.8.- ISIGMA undertakes to take all technical measures to ensure the integrity of the data and files that have been signed through its platform and always considering those measures that are appropriate according to the state of the art at any time.

Without prejudice to the foregoing, ISIGMA will delete the data and records generated by the Customers in the following cases:

  • Use of a trial account for a specified period of time, after which and in the event that an account is not activated by the Client, the test account, together with the data and files generated in it, or Archived, will be deleted at the XX days of the deactivation of the test account.
  • User's Drop Out. In the event that the Client, for any reason, has decided not to renew the subscription to the services, ISIGMA will delete the data and files associated with its account within XX days after the subscription has expired. All this without prejudice to ISIGMA being able to offer a technical solution to the Client so that it could have the data and files on some support that was a standard of the sector, without this implying, in any case, that ISIGMA must develop an ad hoc solution For the Customer.

ISIGMA cannot be considered responsible for any possible loss of data files or programs.

TEN.- PASSWORDS.-

ISIGMA shall provide Users or Signatories registering as such in PORTASIGMA with personal passwords that must be changed after initial access. These passwords shall be used to access the services provided by PORTASIGMA. The CLIENT shall remain exclusively responsible for the passwords, which must be kept in the strictest and most absolute confidentiality, and shall be liable for any damages or consequences of any kind arising from the breaking or revealing of the secret. For security reasons, the password to remotely access the services linked to PORTASIGMA may be modified by the CLIENT at any time. The CLIENT agrees to inform ISIGMA immediately of any unauthorised use of his or her password and of access to it by unauthorised third parties.

ELEVEN.- DATA PROTECTION:-

The personal data obtained by way of the PORTASIGMA service, including the IP address of CLIENTS accessing it, shall be included in a file held by Isigma Asesoría Tecnológica, S.L., with registered offices at Carrer Esteve Terrades 1, Mod 114 A, 08860 Castelldefels (Barcelona), in order to manage and control access to the website and to provide the services requested by the CLIENT.        

The CLIENT may exercise his or her rights to access, rectify, cancel and oppose the holding of his or her data by post or by e-mail to the addresses indicated, including a copy of his or her national identity card or equivalent document, and identifying him or herself as a CLIENT of this service.

The CLIENT declares to be legally protected in relation to the treatment of the data of the signatories of the documents uploaded to PORTASIGMA.

Under no circumstances may ISIGMA use the personal data provided by CLIENTS for purposes other than those indicated in these General Terms and Conditions of Use or those arising from the provision of the service. Nor may it transfer this data to third parties, not even for preservation purposes.

ISIGMA shall take all technical and organisational measures required to guarantee the protection of the personal data and files relating to the CLIENT in terms of destruction, loss, undue alterations and unauthorised transfers and access.

For the purposes of data protection law, ISIGMA shall be considered the controller of the CLIENT data filed in PORTASIGMA and, according to this, it is expressly established that ISIGMA shall only process the data according to the instructions given by the CLIENT, as expressed in these General Terms and Conditions of Use, that it shall not apply or use said data for purposes other than those indicated herein and it shall not communicate said data, not even for preservation purposes, to other parties.

ISIGMA agrees to adopt and implement the technical and organisational security measures referred to in Article 9 of Spanish Data Protection Act 15/1999 of 13 December and, more specifically, those indicated in Spanish Royal Decree 1720/2007 of 21 December approving the Regulation implementing Spanish Data Protection Act 15/1999 of 13 December.

Once the agreed service provision is complete, and when no longer necessary to continue with the commission offered, the personal data shall be destroyed or returned by ISIGMA to the CLIENT, along with any medium or document including any personal data subject to treatment.

TWELVE.- COPYRIGHT AND TRADEMARK.-

ISIGMA hereby indicates that PORTASIGMA, a digital signature solution, has been developed and designed and holds the appropriate licences and permits to use any contents, programming code, design or materials associated to it.

The articles, contents, images or direct logos of the company are the property of ISIGMA or of individuals or companies that have expressly authorised their publication, or that are subject to licences that enable us to make an appropriate use of these materials along these lines.

THIRTEEN.- COMPETENT JURISDICTION AND APPLICABLE LAW.-

These General Terms and Conditions are governed by Spanish law. The provisions of Article 29 of the Spanish Information Society and e-Commerce Law 34/2002 of 11 July shall apply in order to determine the location of sale to which these General Terms and Conditions are subject. Where the CLIENT is not considered a consumer, any dispute regarding the interpreting or implementation of these General Terms and Conditions of Contract shall be subject to the jurisdiction of the Courts of the city of Barcelona.

FOURTEEN.- ALTERNATIVE PROCEDURE FOR RESOLVING ONLINE DISPUTES.-

Notwithstanding the above, the European Commission provides a platform to resolve on-line disputes, which is available at the following link: http://ec.europa.eu/consumers/odr/. CLIENTS considered consumers may subject their claims via the on-line dispute resolution platform. 

FIFTEEN. - INVALIDITY OF CLAUSES.-

Where any clause of these General Terms and Conditions is declared null and void, all other clauses shall remain valid and shall be interpreted in line with the will of the parties and the purpose of these terms and conditions. ISIGMA may not exercise any of the rights and powers conferred in this document, which under no circumstances shall imply their waiving, except where expressly acknowledged by ISIGMA.