Scope: Spain and other countries that make up the EU

Applicable legal regulations: Law 7/1998 of April 13th, on General Conditions of Contracting, through which Council Directive 93/13/CEE of April 5th, 1993, on unfair terms in contracts concluded with consumers is transposed into Spanish law.

Owner: HÉRCULES FORMACIÓN, S.L. This document is the exclusive property of Hércules Formación (hereinafter HF), and its use is limited to its staff, suppliers and clients in the exercise of its corresponding functions. Any disclosure to third parties, copying, distribution, reproduction, public communication and/or transformation, in whole or in part, that is not authorized, is totally prohibited. HF reserves the right to exercise the corresponding actions in the event of any infringement that contravenes the provisions of this section.

Scope: Las Condiciones Generales de Contratación serán de aplicación respecto de todos aquellos términos que no se hayan regulado expresamente en los contratos particulares de prestación del servicio.

Objective: To regulate the relationship between HF and its clients. These conditions form part of the contractual documentation for the provision of the service.

1.- Nature:

The General Terms and Conditions are intended to regulate the relationship between HF and its clients, they form part of the contractual documentation for the provision of services and are binding. The General Terms and Conditions will apply to all those terms that have not been expressly regulated in the Specific Conditions of each contract. Any exception to these General Terms and Conditions by the client in relation to a service will only be valid if it has been formulated in writing in advance, and expressly accepted in writing by HF.

https://www.herculesformacion.com/terminos-generales-contratacion

Las Condiciones Generales de Contratación serán de aplicación respecto de todos aquellos términos que no se hayan regulado expresamente en las Condiciones Particulares de cada contrato. Cualquier excepción a estas Condiciones Generales de Contratación por parte del cliente con relación a un servicio solamente será válida si ha sido formulada por escrito con anterioridad, y aceptada expresamente por escrito por HF.

2.- Acceptance of conditions,

HF is obliged to provide the services in accordance with the provisions of the
contract and the laws and regulations that are applicable.

Likewise, and in relation to the activities carried out by the client in the work centres and facilities of HF, the client must comply with the provisions of HF’s internal regulations and practices.

3.-Documentation.

HF will make the necessary material available to the participants. All Intellectual and Industrial Property Rights and Know-How developed by HF, regardless of their medium, belong to HF. They are not authorised to be published or reproduced without the prior consent of HF, unless this has been explicitly and unequivocally stipulated in the text of the contract.

In the event that information or suspicion is received or attempts to manipulate or falsify documentation issued in the name of HF are detected, HF reserves the right to report the facts to the authorities and exercise all legal actions and claims that assist it.

4.- Execution of the provision of the training.

The content of the service corresponds to the plan indicated in the contract confirmation. HF has the right to make extensions and/or contributions to the initial plan, maintaining the contents initially confirmed.

HF will provide the clients for the execution of the service: access authorizations, instructions to be followed in the installation and appropriate means. When the clients are responsible for supplying the installations, they will provide what is necessary for the execution of the service: access authorizations, instructions to be followed in the installation, appropriate places and means.

5.- Payment for services

Form and period of payment. All payments will be made as established in the contract, counting from the invoice date, on the payment days established by HF or the following business day (in the case of a non-business day).

The invoice will be issued for the provision of the services subject to the contract. Payments will be made in euros, unless another currency has been expressly agreed in the contract. In the case of students who register privately, payment will be made at the time of the provision of the service. Payments will be made in euros, and the means of payment will be cash or by bank card.

6.- Penalties for non-compliance.

CLAUSE 01 will apply, which is reflected in all HF offers: “Once this offer has been accepted by the client, the unilateral withdrawal by the latter will entail the obligation to satisfy Hércules Formación, S.L. an amount equal to TWENTY-FIVE PERCENT (25%) of the total amount of the quote offered, as compensation for damages and losses caused.”

7.- Termination of the contract.

In addition to the legally established causes for the termination of contracts by both parties, HF has the right to change or cancel the date of the service if justified, informing the clients as soon as possible. Hércules Formación will not be responsible in any case for normal or minor errors or force majeure (unexpected traffic jams, strikes, accidents, sudden illnesses, etc.). To the extent possible, HF will propose a new date. If this is not possible, or if the client prefers otherwise, the amounts paid will be refunded.

In the event of misconduct by participants, or if the order and security measures established by HF are breached, the entity has the right to deny participants access to training, service provision and/or examinations without any refund or compensation.

8.- Confidentiality of Information and Documents.

All information that the client provides to HF, or to which HF has access for the execution of the contract, whatever its nature and the means or support of disclosure used, must be used exclusively for the purposes of the execution of the contract; the reproduction, distribution and public communication of said information in any way is expressly prohibited. In the case of confidential information received from third parties, HF and the client undertake to inform each other and to comply with the terms and conditions of the confidentiality obligation, each of them being responsible for any possible misuse that, at any time, the Personnel may make of said information.

9.- Protection of personal data.

HF is obliged to safeguard and maintain the accuracy and confidentiality of its
clients’ information from third parties.

Responsible party: Hércules Formación, S.L.

(Lugar de San José s/n 15008- A Coruña).

Purpose: Training and advisory services.

Legitimation: Execution of a contract or provision of a service.

Data retention: 5 years, or the specific period stipulated in the contract.

Data communications: Trainers and advisors, in the cases provided for by law.

Rights: Clients have the right to access, rectify, delete; and in the cases provided for, transfer to another person responsible, oppose or limit the treatment.

You can file a claim with the Spanish Data Protection Agency at C/ Jorge Juan 6, 28001 Madrid.

Personal data processing services are available on the website

www.herculesformacion.com/en/politica-de-privacidad

10.- Modifications.

Any modification to the contract must be made by the parties in writing.

11.- Resolution of divergences and disputes.

The General Conditions and the contract will be governed by Spanish law. Any questions that may arise in
relation to the execution or interpretation of the General Conditions and the contract, the parties agree to submit to the Courts and Tribunals of A Coruña.

Hércules Formación makes available to clients the Document Model “2.2.38 Hércules Formación Complaint Sheet”, for complaints related to the provision of training, advice or examination services.

12.-Approval.

These conditions will come into force on February 28, 2025, after the date of their approval.

Scope: Spain and other EU countries

Version: 02a

Owner: Hércules Formación, S.L.