Contracting conditions

We welcome you and invite you to read the terms and conditions with all the necessary information regarding the electronic transactions you make on this website. Artwork Process is committed to transparency and clarity in commercial transactions as carried out on this website, providing a space committed to the rights of users and customers, so we recommend that before hiring any of the services we make available on this website you read these conditions and terms that apply to the provision of services offered by artwork-process.com as pertaining to our core business. These terms and conditions are available in English and Spanish and govern the relationship between Artwork Process and customers who purchase Artwork Process services. You may access or download these Conditions at any time by accessing our website. Artwork Process reserves the right to modify or change these terms and conditions at any time. If the modifications constitute a material change in the terms, Artwork Process will notify you by posting a notice on its website.

Identification of parties

On the one hand,. (hereinafter ARTWORK PROCESS S.L.) with CIF B42751776, address: Masnou, 28-30, postcode 08014, of Barcelona, Spain, e-mail support@artwork-process.com, and registered in the Mercantile Registry of Barcelona on page B-557421 on folio 138 of volume 47623, as the owner of the website artwork-process.com. On the other hand, the company that hires for business purposes the services that we offer (hereinafter, USER). Both parties agree to be bound by these Terms and Conditions (hereinafter, “Terms”) to which our Legal Notice, Privacy Policy and Cookies Policy are added, to which we refer. These will always be available (in Spanish) for consultation, filing or printing. The parties declare that they possess the necessary legal capacity to act in contract throughout this website, in accordance with the Conditions that are here exposed, which they declare to understand and accept. If any clause included in these Conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null or ineffective, and the general conditions shall subsist in all other respects, and, any provisions or part thereof that is affected shall be deemed not to have been included.

Characteristics of the services offered

Artwork Process offer a collaborative Platform (hereinafter, “the Platform”) for the management of packaging design, intended exclusively for companies to the end of development of their own business activity. The services exposed in Artwork Process consist in the use of our Collaborative Platform for the management of the packaging design, taking into account the following characteristics:

• Artwork Process guarantee a stable workflow and ensure that all collaborators know where their work and that of others stands.
• Artwork Process enable agile management of a large volume of processes and facilitates efficient decision making.
• Each of the interacting user profiles will have the necessary tools to enable them to perform their tasks safely and effectively.

The differential value of Artwork Process is:

• Eliminating e-mails
• The Platform allows you to increase productivity and efficiency of your designs.
• Remote working: allows independent working from outside central offices or production facilities.
• It has a configuration system that simplifies the management of brands, products, printing colors, containers and packaging, capacities or doses, templates, etc.
• Template management: it has a unique template management system, which makes it possible to reuse a design and apply it to a whole range of products.
• Comparison of PDF/versions of the design, allowing and facilitating correction of the different versions as created to be compared with each other. It is possible to compare two PDFs with each other or a PDF and a version of the design.

The services offered by Artwork Process are subject to a monthly or annual subscription. The costs and offers are detailed on our website, artwork-process.com. You can extend the services, profiles and functionalities of the Platform, in the event that you possess a Free service pack and would like to upgrade to a more advanced pack. Visit our website artwork-process.com to stay updated on our services offer.

How to contract the service

As a condition for contracting the service, the user may only proceed if he/she is of legal age and/or has the legal capacity to bind him/herself contractually. Otherwise, full responsibility for the realization of orders by minors shall be borne by the parents or legal guardians of said minor. The user must register at artwork-process.com and provide appropriate information required for the acquisition of services available on this website. The contracting information you provide must be accurate, complete and up to date at all times. Failure to do so constitutes a violation of the terms, which may result in the dissolution of the contract with Artwork Process. The steps to contract the service are as follows:

• Select the type of service requested (Startup, Initial, Starter).
• Fill in all the data requested in the contracting process at www.artwork-process.com.
• Check the box of acceptance of the contracting conditions. Make the payment.
• You can download the Terms and Conditions accepted at the time of hiring or you will receive them by email. From the moment of acceptance, the user acquires the status of Artwork Process Client.

Payment is always in advance, constituting 100% of the order and services to be provided when we confirm payment. Artwork Process issues to the customer an invoice corresponding to the purchase in digital format, immediately after the contracting is complete. However, the user may request a paper invoice by sending an email to: support@artwork-process.com.

Confirmation of contract

Once the contract is completed and the payment has been made, Artwork Process will send you by email a confirmation of the contract, which will serve as proof of the operation (“Proof of contract”). The confirmation of the contract and its receipt will not be valid as an invoice. This is the moment to check that everything is correct. If you do not agree with the information as provided in the confirmation, you can request modification or cancellation of the contract. The confirmation of contract for the services on the part of the Customer expressedly implies knowledge and acceptance of these particular conditions of contract as integral part of its execution. Unless proven otherwise, the data recorded by artwork-process.com constitute as proof of all transactions between Artwork Process and its Customers. You agree to pay Artwork Process for the contracted services using those forms of payment as accepted by Artwork Process, similarly for any additional amounts (including taxes and late payment charges, as applicable). The prices applicable to each service are those indicated on the website on the date of contracting. All prices include the taxes applicable to the country or area in which you are on the day of contract. Taxes will be calculated automatically, depending on the place where the User resides. Any reported change in taxation will be automatically applied to the prices of services on sale. The user agrees to pay for the services purchased from Artwork Process in the accepted forms of payment and for any additional amount (including taxes). The following forms of payment are accepted:

• Payment by credit card: The accepted credit cards are: Visa, MasterCard, American Express. Any other type of card will not be accepted for payment. Payment by credit card is made through the secure payment gateway Stripe. Through this method of payment Artwork Process does not collect or manipulate any customer data relating to your card number. All data are processed directly by the corresponding financial institution, thus offering the greatest security and confidentiality in the transaction.
• Bank transfer. The payment by bank transfer is a simple payment method to make purchases over the Internet. You can make this payment comfortably from your bank. Remember that you must indicate as concept of payment the number of your order to avoid errors in the management of your order. Please send to support@artwork-process.com the proof of the transfer to expedite your order. Transfers usually take approximately 48 hours to become effective. Once the payment is confirmed, the package will be shipped.

No other methods of payment are accepted. Payment is always in full and in advance of the order, and, services will be provided once we confirm payment. Artwork Process issues to the customer an invoice corresponding to the purchase in digital format, immediately after the purchase is made. However, the User may request a paper invoice, requesting via email to support@artwork-process.com.

Validity of prices and offers

The services offered on the website, and their prices, will be available for contracting as long as they are in the catalog of services displayed on the website. Users are kindly requested to access updated versions of the website to avoid pricing errors.

Tools and programs to establish communication

Communication with the customer for support services may be done by email.

Customer Service

We have a Customer Service Department to solve any problem occurring with our services. To contact us with any questions or complaints, you can write to us Monday through Friday from 8:00 am to 6:00 pm: E-mail: support@artwork-process.com

Intellectual Property

Access to services as contracted by the user or Client does not imply on the part of Artwork Process SL (Eduard Nebot) any waiver, any partial or total transfer of rights derived from their intellectual and industrial property, nor does it attribute rights of use, alteration, exploitation, reproduction, distribution or public communication of these contents without prior express written authorization, bar any prejudice to the right to view and to obtain a private backup copy of such contents, provided that such right is exercised in accordance with the principles of good faith and provided that the intellectual and industrial property of the holder of such rights shall remain unaltered, solely to be used for non-commercial purposes and for Client’s personal information. The responsibility derived from the use of materials protected by the intellectual and industrial property rights contained in this website will correspond exclusively to the user or Client.

Termination of service

Please notify support@artwork-process.com at least 15 days prior to the monthly renewal date of your subscription plan. The user will be able to download all the information within a maximum period of one month. In the event that Artwork Process decides to unilaterally terminate the relationship with the user for breach of these Conditions by the user or other legally justified cause, it will be done with 30 days’ notice. The same period will be given after the resolution, for downloading any information that the user had stored on the platform upto then.

Personal Data Protection

The data collected through the contracting process will be processed by Artwork process SL, Data Controller, with headquarters in Masnou, 28-30, postcode 08014, Barcelona, Spain. E-Mail: support@artwork-process.com, in order to manage and send your order. The legal basis for treatment of your data is the execution of the contract of sale of our services. Your data will be kept for the period necessary to comply with these conditions and during the periods of limitation of legal responsibilities. We will also use your contact information to send you communications about offers and news about Artwork Process products and services. The legal basis for this data processing is the satisfaction of legitimate interest on the part of responsible parties in keeping our customers loyal and informed. In the event that you do not wish to receive informative communications for the aforementioned purposes, please send us an email to support@artwork-process.com indicating that you do not wish to receive commercial communications, or, you may unsubscribe through the simple and free procedure that we will indicate in each communication. Under no circumstances will your data be disclosed to third parties, unless required by law. At Artwork Process there exist the following systems for capturing personal information for the development of recruitment, and, we treat the information provided by interested parties for the following purpose: Contracting form: The user has different contracting forms as subject to the conditions specified in our contracting conditions for each service, where contact and payment data will be required. We request the following personal data: Company name, Email, CIF. Please note that any data you provide will be located on the servers of OVH HISPANO SL (Artwork Process provider), within the EU. You may exercise the rights set forth below by sending your request in writing to the e-mail or postal address indicated above:

• Right of access to personal data: you may ask the company for information on whether it is processing your data and what kind of processing it is carrying out.
• Right to request the rectification of your data if they are incorrect, or their deletion if they are no longer necessary for the purpose for which they were collected.
• The right to request the limitation of the processing of your data.
• Right to object to the processing of your data.
• Right to data portability to a new Data Controller.
• Right not to be subject to decisions based solely on automated processing of your data.

In case you consider that there is any violation of your rights to data protection by us, you can file a complaint with the supervisory authority which in Spain is the Spanish Data Protection Agency (www.agpd.es). Artwork Process have access to personal data of employees and/or collaborators of the companies that use the platform and that are the responsibility of the (TREATMENT CONTROLLER), so that Artwork Process will assume the obligations of the TREATMENT CONTROLLER, in accordance with Article 28 and following of the GDPR, as contemplated below: THE TREATMENT CONTROLLER and all its personnel are obliged to:

• Use the personal data being processed only for the purpose of this order. Under no circumstances may it use the data for its own purposes.
• To process the data in accordance with the instructions of the PROCESSING CONTROLLER. If the PROCESSING CONTROLLER considers that any of the instructions infringes the GDPR or any other data protection provisions of the European Union or its Member States, the processor shall immediately inform the controller.
• Keep in writing a record of all categories of processing activities carried out on behalf of the Controller, containing:
  • The name and contact details of the processor(s) and of each Controller on whose behalf the processor is acting and, where applicable, of the representative of the Controller or of the Processor and of the Data Protection Officer.
  • The categories of processing operations carried out on behalf of each Controller.
  • Where applicable, transfers of personal data to a “third country” or international organization, including the identification of such “third country” or international organization, and, in the case of transfers referred to in the second subparagraph of Article 49(1) of the GDPR, documentation of appropriate safeguards.
  • A general description of the appropriate technical and organizational security measures you are implementing.
• Not to communicate the data to third parties, except with the express authorization of the TREATMENT CONTROLLER, in legally admissible cases.The PROCESSOR may communicate the data to other Processors of the same CONTROLLER, in accordance with the instructions of the latter. In this case, the CONTROLLER will identify in advance and in writing the entity to which the data must be communicated, for said data to be communicated and the security measures to be applied, proceeding with the communication. If the PROCESSOR must transfer personal data to a “third country” or to an international organization, pursuant to EU or Member Country law as applicable, it shall inform the Controller of such legal requirements in advance, unless such laws were to prohibit it for important reasons of public interest.
• THE PROCESSOR is prohibited from subcontracting all or any parts of the services performed under this Agreement, except as detailed below:
  • Service 1: Hosting (OVH Hispano S.L.).
  • Service 2: CRM/Marketing (Sendinblue,Mailchimp)
  • Service 3: Storege (AWS).
  These services are outsourced to third parties adopting all mandatory security and contractual measures. In the event that THE PROCESSOR requires any subcontracting of additional services to those indicated, he/she shall request express authorization from THE CLIENT indicating which services are to be subcontracted, along with the identity of the company or professional with whom this subcontracting is intended to be carried out.
• Maintain the duty of secrecy regarding the personal data to which it has had access under this order, even after the conclusion of its object.
• To ensure that the persons authorized to process personal data undertake, expressly and in writing, to respect confidentiality and to comply with the corresponding security measures, of which they must be duly informed.
• Keep at the RESPONSIBLE parties’ disposal all documentation accrediting compliance with the obligation as established in the previous section.
• To ensure the necessary training in personal data protection for those persons authorized to process personal data.
• Assist the CONTROLLER OF PROCESSING in responses to the exercise of the rights of:
  • Access, rectification, erasure and opposition.
  • Limitation of processing
  • Data portability
  • Not to be subject to automated individualized decisions (including profiling). When the affected persons exercise the rights of access, rectification, deletion and opposition, limitation of processing, data portability and not to be subject to automated individualized decisions before the PROCESSING CONTROLLER, the latter is required to communicate it by e-mail to the address support@artwork-process.com. Communications are to be handled immediately and in no case later than the working day following the day of receipt of the request, together, where appropriate, with other information that may be relevant to resolving the request.
• It is the responsibility of the Data Controller to provide the right to information at the time of data collection.
• Notification of data security breaches. The PROCESSOR shall notify the CONTROLLER, without undue delay, and in any case within a maximum period of 72 hours, and by means of a reliable written communication, of the security breaches of the personal data under its responsibility of which it becomes aware, together with all relevant information pertaining to documentation and communications concerning the incident. Notification shall not be required when such a security breach is unlikely to constitute a risk to the rights and freedoms of natural persons. If available, at least the following information shall be provided:
  • A description of the nature of the personal data security breach, including, where possible, the categories and approximate number of data subjects affected, and the categories and approximate number of personal data records affected.
  • The name and contact details of the Data Protection Officer or other point of contact where further information can be obtained.
  • A description of the possible consequences of the personal data security breach.
  • Description of the measures taken or proposed to remedy the personal data security breach, including, if applicable, measures taken to mitigate possible negative effects. If and to the extent that it were not possible to provide the information simultaneously, the information should be provided in a phased manner without undue delay.
• It is incumbent upon the PROCESSING CONTROLLER to communicate data security breaches to data subjects in the shortest possible time, when a breach is likely to result in a high risk to the rights and freedoms of natural persons. The communication must be made in clear and plain language and shall, as a minimum:
  • Explain the nature of the data breach.
  • State the name and contact details of the Data Protection Officer or other point of contact where further information can be obtained.
  • Describe the possible consequences of the personal data security breach.
  • Describe the measures taken or proposed by the TREATMENT CONTROLLER to remedy the personal data security breach, including, if applicable, measures taken to mitigate the possible negative effects.
• Make available to the CONTROLLER all information necessary to demonstrate compliance with their obligations, as well as for the performance of audits or inspections conducted by the CONTROLLER or other auditors as authorized by the CONTROLLER.
• Implement the necessary technical and organizational security measures to:
  • Ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services.
  • Restore availability and access to personal data quickly, in the event of a physical or technical incident.
  • Verify, evaluate and assess, on a regular basis, the effectiveness of the technical and organizational measures implemented to ensure the security of the processing.
  • Pseudonymize and encrypt personal data, where appropriate.
• If a Data Protection Officer is appointed, his or her identity and contact details shall be communicated to the CONTROLLER.
• Destroy or return the personal data and, if applicable, the media on which they are stored, to the CONTROLLER of the PROCESSING, once the service has been provided. The return must entail the total deletion of the existing data on the computer equipment used by the Processor. However, the PRINCIPAL may keep a copy, with the data duly blocked, for as long as liabilities may arise from the performance of the service.

Confidentiality

All information and documentation used during the contracting, development and execution of the services that regulate the relationship between Artwork Process and the Client is confidential. All information received from the client, whether images, emails, texts, access data such as users and passwords, will be treated confidentially, being totally prohibited any transfer to third parties. Confidential information shall not be understood to be that which is disclosed by agreement between the Parties, that which becomes public for the same reason or that which must be disclosed in accordance with the Law or with a judicial decision of a competent authority, and, that which may be obtained by a third party who is not under any obligation of confidentiality. Both parties undertake to comply with the duties of confidentiality indefinitely.

Limitation of liability

Artwork Process reserve the right to make, at any time and without prior notice, modifications and updates to the information contained on their website, its configuration and presentation, access conditions, contracting conditions, etc. Therefore the user must access updated versions of the website. Each user of the platform is solely responsible for maintaining the confidentiality and security of their login credentials for the website and for all activities that occur on the Platform, once access is obtained. The user agrees to immediately notify Artwork Process of any breach of security of the portal. Artwork Process shall not be liable for any losses arising from improper or unauthorized use of the Platform. You/user agree(s) to hold Artwork Process harmless from claims, losses, expenses, damages and costs (including direct, incidental, consequential, punitive, exemplary and indirect damages), as well as reasonable attorneys’ fees resulting from any breach by you/buyer of these Terms, whether or not considered material or immaterial; the misuse of the Services by you/user or anyone acting on your behalf or using your account on the Platform or for any material or immaterial violation of any right, title or interest of any third party. In no event shall Artwork Process be liable for any breach of contract by you/user, any negligence with respect to the site, its services or contents, nor for any loss of profits, loss of use, or actual, special, indirect, incidental, punitive or consequential damages of any kind as arising from your/user’s misuse of the tools provided. The User acknowledges that it is technically not possible to achieve 100% availability of the Platform. However, Artwork Process will make every effort to keep the Platform available as long as possible. Artwork Process shall not be liable for damages caused by outages in its services that are not due to culpable or malicious action. Our sole responsibility will be to provide the services under the terms and conditions expressed in this contracting policy. Artwork Process shall not be liable for any consequence, damage or harm that may arise from improper use of the services provided.

Jurisdiction and applicable laws

Artwork Process and the Client, shall be agreeable to settling any dispute that may arise from access to or use of this website, under Spanish law, and shall submit to the Courts and Tribunals of the city of Barcelona.

Additional Information

Artwork Process has two main rates/services: Startup, Initial, Starter. Any company that use or have used Artwork process is considered our Customer. The private design management area does not use any third-party cookies. Clients undertake to inform their collaborators / users (supervisors, coordinators, copy editors, agencies, designers, internal users, clients, printers) of all points of the contract conditions such as concern their user profiles. The contract will remain visible on https://artwork-process.com