Specific terms and conditions of the equipment assembly service

Last version dated October 1, 2024

I.- Object

Under the Contract, DIVERSITY undertakes to provide the Client with computer equipment assembly services at the desktop or server level, regardless, by qualified professionals with extensive experience, with due care and using the most advanced materials and tools.

II.- General terms and conditions of service provision

2.1. Services will be provided under the following general terms and conditions.

2.1.1. DIVERSITY will be responsible for the quality of the work carried out with the diligence required of a company expert in the performance of the tasks covered by the Contract.

2.1.2. DIVERSITY undertakes to manage and obtain, at its own cost, all licenses, permits, and administrative authorizations that may be necessary for the provision of services.

2.1.3. DIVERSITY will be responsible for all taxes, regardless of their nature and character, that are accrued as a result of the Contract, as well as any physical and legal operations that it entails, except for the Value Added Tax (VAT) or its equivalent, which DIVERSITY will pass on to the Client through invoices.

2.1.4. DIVERSITY will maintain confidentiality regarding the information provided by the Client in or for the execution of the Contract or which, by its nature, must be treated as such. Information disclosed by the Client, information that must be revealed in accordance with the law or a court order or act of competent authority is excluded from the category of confidential information. This duty will be maintained for a period of three years from the completion of the service.

2.1.5. If the provision of services involves the need to access personal data, DIVERSITY, as the data processor, is obliged to comply with Law 15/1999, of December 13, on the Protection of Personal Data, and Royal Decree 1720/2007, of December 21, which approves the Regulation for the development of Organic Law 15/1999, and other applicable regulations.

DIVERSITY will be liable for any infringements it may commit if it uses personal data for another purpose, discloses it to a third party, or uses it irregularly, as well as when it fails to take the corresponding measures for the storage and custody of such data. To this end, it undertakes to indemnify the Client for any damages and losses suffered directly or for any claim, action, or proceeding arising from non-compliance or defective compliance by DIVERSITY of the provisions of both the Contract and the regulations governing the protection of personal data.

DIVERSITY must adopt the necessary technical and organizational measures to guarantee the security of personal data and prevent its alteration, loss, treatment or unauthorized access, taking into account the state of technology, the nature of the data stored, and the risks to which they are exposed, whether they come from human action or the physical or natural environment. To this end, DIVERSITY must apply the security levels established in Royal Decree 1720/2007, depending on the nature of the data concerned.

2.1.6. DIVERSITY will be responsible for the correctness and accuracy of the documents provided by the Client in the execution of the Contract and will promptly notify the Client when an error is detected so that corrective measures and actions can be taken as appropriate.

2.1.7. DIVERSITY will not be liable for any damages and losses that may arise for the Client or for any claims made by a third party that have a direct cause in errors made by DIVERSITY or its personnel in the execution of the Contract or that result from the lack of diligence referred to above.

2.1.8. The obligations established for DIVERSITY by this clause will also be binding on its possible employees, collaborators, both external and internal, and subcontractors, so DIVERSITY will be liable to the Client if such obligations are breached by such employees.

2.2. DIVERSITY will provide the services under the following specific terms and conditions:

Verification of compatibility prior to the assembly of all selected components. If any of them are not compatible with the rest, DIVERSITY personnel will be notified. Assembly will be carried out by qualified professionals with extensive experience, with due care and using the most advanced materials and tools. Testing of the equipment once the assembly is completed, with testing software for each of the components. The BIOS will be updated to the latest version available at the time of assembly. The assembly and testing are guaranteed for satisfaction: if everything is not in perfect condition, we will take care of all transportation costs to verify the proper functioning of all components.

III.- Shipping and transportation insurance

3.1. Delivery times range from 24 to 72 hours at the customer’s choice. DIVERSITY cannot guarantee these delivery times, although DIVERSITY tries to ensure that transport companies meet them whenever possible. In rural areas far from urban centers, delivery within 24 hours cannot be guaranteed under any circumstances.

3.2. Delivery times will depend on the availability of each product, which is indicated in each and every one of the products offered. In orders that include several items, a single shipment will be made and the delivery time will correspond to the item with the longest delivery time.

3.3. DIVERSITY is not responsible for delivery times when the manufacturer or manufacturer’s distributor is directly responsible, stipulating a maximum delivery time of 30 calendar days from the payment formalization for these cases.

3.4. The customer will have 72 hours to check the integrity of all components of the order and to verify that everything that should be included in the products is included. After these 72 hours, the shipment will be considered accepted and no claims for damage or faults with the shipment will be accepted.

3.5. An order will be considered delivered when the delivery receipt is signed by the customer. It is within the next 72 hours when the customer must verify the products upon receipt and raise any objections that may exist.

3.6. Once assembly is completed, DIVERSITY will send the equipment by express courier with as many physical protection measures as necessary (bubble wrap, foam, etc.), and will insure the goods for the full amount of the invoice value.

3.7. DIVERSITY is not responsible for delays or problems with delivery, and it is in any case the responsibility of the company selected for the shipment of the goods, and it will be this company that is responsible for such incidents. In case of receiving a damaged product due to transport, it is recommended to contact DIVERSITY within the first 24 hours in order to claim the incident to the transport company. Likewise, it is advisable to leave a record with the transport company:

• Correos: 915 197 197
• UPS: 900 10 24 10

IV.- Modification

4.1. The parties may modify the Contract by mutual agreement and in writing.

4.2. In cases where the installation of the equipment is not yet completed, and for the reasons that may be presented and always at the express request of the client, the equipment will be sent in the state in which it is at the time of the request, and it will not be the responsibility of DIVERSITY to complete the installation or installation of the necessary software.

V.- Resolution

5.1. The parties may terminate the Contract, with the right to compensation for damages caused, in case of breach of the obligations established therein.

VI.- Notifications

6.1. The notifications made by the parties must be made by certified mail, or any other reliable means agreed upon by the parties, including email, to the postal addresses indicated in the header of this contract.

VII.- Legal Regime

7.1. This contract has a commercial nature, and in no case does it create any labor bond between the Client and the personnel from DIVERSITY who specifically provide the services.

7.2. Any dispute arising from this Contract or related to it, including any matter relating to its existence, validity, or termination, shall be resolved by LAW arbitration, administered by the Madrid European Association of Arbitration (AEADE), in accordance with its current Arbitration Regulation at the time of the request. The Arbitral Tribunal designated for this purpose will be composed of a single expert arbitrator and the language of the arbitration will be Spanish. The place of arbitration will be Madrid.