The following terms and conditions create a legally binding CONTRACT between you ( "THE CLIENT" ) and ASP SOLUCIONES, a legal entity registered under the laws of Panama, and with RUC No. 1331310-1-613012 DV 6, Micro-film Section (Commercial) of the Public Registry of the Republic of Panama ("ASP SOLUCIONES", "ours", "us") . Please read the CONTRACT carefully. To confirm that you understand and accept the CONTRACT , click "Accept".

ASP SOLUCIONES reserves the right to modify these Terms and Conditions when deemed necessary. If you use the Services, access them or continue accessing or using the Services after receiving notification of a change in the Terms and Conditions, you confirm that you have read, understood and accepted them.

1. PURPOSE OF THE CONTRACT

1.1. Through this CONTRACT, ASP SOLUCIONES undertakes to supply the CLIENT with the Services to which they subscribe. As consideration, the CLIENT agrees to pay the charges for each subscribed service, in one of the Plans and payment methods provided by ASP SOLUCIONES.

2. SERVICES

2.1. ASP SOLUCIONES provides Services directed to the Health Sector, such as, but not limited to:

  • Web platform for the characteristic management of Health professionals, in any specialty (CLINIWEB). This tool considers modules such as Electronic Agenda, Medical History, Finance, among others.
  • Physician Directory
  • Request for medical appointments through the internet.
  • Payment of consultations and services through the internet.
2.2. It is only possible to use our Services if you agree with these Terms and Conditions and accept our Privacy Policy.
2.3. We reserve the right to improve, update or modify the characteristics of our Services as we consider appropriate and when we decide to do so. We will not substantially reduce functionality or discontinue any Services unless we notify you in writing in advance. We can offer additional functionality for our standard Services or enhanced features for an additional cost.
2.4. Recommendations for improvement are welcome, with the aim of optimizing the Services. If the CLIENT sends us any suggestion or recommendation, there is the possibility that ASP SOLUCIONES uses it, so the CLIENT authorizes us to implement it in an unlimited, irrevocable and perpetual manner, without any obligation or compensation being originated by ASP SOLUCIONES towards the CLIENT. On the other hand, ASP SOLUCIONES may or may not choose to implement the suggestions or recommendations received from the CLIENT.
2.5. To use our Services, you need compatible hardware and software and Internet access (which generally involves other providers and the application of charges by those providers). The performance of our services may be affected by these factors.

3. RIGHTS OF ASP SOLUTIONS

3.1. ASP SOLUTIONS reserves the right, with prior notice to the CLIENT thirty (30) days in advance, to modify the current rates upon acceptance of this CONTRACT.
3.2. ASP SOLUCIONES will have the right to have an administrative user to guarantee the proper functioning of the system and its corrective, preventive and evolutionary support.
3.3. ASP SOLUCIONES may establish a credit limit and transfer outstanding balances to any active account that the CLIENT maintains with ASP SOLUCIONES.

4. OBLIGATIONS OF ASPSOLUCIONES

4.1. Provide the services subscribed by the CLIENT, uninterrupted, except for interruptions that are necessary for security, maintenance and repair reasons.
4.2. ASP SOLUCIONES is responsible, during the term of this CONTRACT, for the installation, operation and maintenance of the ASP SOLUCIONES equipment required for the provision of the Services offered in this CONTRACT.
4.3. Communicate to the CLIENT about temporary interruptions due to preventive maintenance via email or any other means agreed by the parties, at least twenty-four (24) hours in advance of the interruption of services and indicate the possible date of reinstatement. In those cases in which the interruptions are due to emergency situations, force majeure or fortuitous event, ASP SOLUCIONES will notify the client as soon as possible.
4.4. Credits for interruptions in service will be granted on a pro rata basis after four (4) hours of interruption, as long as it has been due to causes attributable to ASP SOLUCIONES. The credits must be requested by the CLIENT no later than 30 days after the interruption of the service.
4.5. In case of damage to the Services provided by causes attributable to ASP SOLUCIONES, it will be responsible for its repair in the shortest possible time.
4.6. ASP SOLUCIONES agrees not to disclose the information contained in its systems to any medium, unless required by Panamanian Law.
4.7. ASP SOLUCIONES will make reasonable efforts to protect the information that the CLIENT sends in connection with the services, but the CLIENT agrees that the sending of said information will be at his own risk and, hereby, releases ASP SOLUCIONES from any and all responsibility towards the CLIENT for any loss or responsibility related to said information in any way.
4.8. ASP SOLUCIONES does not guarantee that the Services are free from loss, corruption, attacks, viruses, interference, hacking or other security intrusions and the CLIENT hereby releases ASP SOLUCIONES from any responsibility related to it.

5. OBLIGATIONS AND RESPONSIBILITIES OF THE CLIENT

5.1. The CLIENT agrees to pay for the Services in advance.
5.2. The CLIENT is responsible for any anomaly or for the fraudulent use that it gives to the services object of this CONTRACT.
5.3. The CLIENT agrees to make correct use of the services, using them for the contracted purposes, without commercial exploitation of them, unless authorized by ASP SOLUCIONES.
5.4. The CLIENT must assume all responsibility that is generated for damages caused to third parties by the inappropriate or unauthorized use of the service object of this CONTRACT.
5.5. The CLIENT is solely responsible for all use of the Services by him and his users, to obtain the consent of his users and / or clients for the collection, use, treatment and transfer of data and to carry out notifications or obtain the consents required by law in relation to the use of our Services.
5.6. The CLIENT must maintain the confidentiality of all their user names and passwords, so ASP SOLUCIONES is not responsible for the losses that the CLIENT may suffer if a third party uses the CLIENT's passwords or account. For this, ASP SOLUCIONES does not send emails with user names or passwords, to guarantee the security of the CLIENT's accounts.
5.7. The CLIENT agrees to notify ASP SOLUCIONES immediately and suspend all unauthorized access to the Services or any other breach of security.
5.8. The CLIENT must notify ASP SOLUCIONES in the shortest possible time of any breakdown or damage to the services. ASP SOLUCIONES will not grant credits for unreported damages.
5.9. The CLIENT assumes all responsibility for the material content entered into the system by its users, so ASP SOLUCIONES is not responsible for the veracity or content of said information.

6. BILLING AND PAYMENT

6.1. The CLIENT is responsible for providing the payment information, along with their contact information to ASP SOLUCONES, as well as updating and / or notifying any change in said information. The invoice will be generated automatically, at the time of each payment and will be sent to the email that the CLIENT indicates in their contact information.
6.2. ASP SOLUCIONES will only accept, as a form of payment, automatic debit to a credit or debit card.
6.3. All payments must be made in United States of America dollars (USD).
6.4. The CLIENT authorizes ASP SOLUTIONS to automatically charge the subscribed Services, on a monthly or annual basis, as appropriate with the selection made by the CLIENT, to the debit or credit card provided, so it is the CLIENT's responsibility to maintain Activate and update the card that will be used as a payment method.
6.5. In the event that the CLIENT incurs additional charges, due to requests made to ASP SOLUTIONS, for specific services required in writing through electronic channels, the CLIENT authorizes ASP SOLUTIONS to collect the amounts due to the defined payment method for subscribed Services.

7. SUSPENSION AND / OR DISCONNECTION OF SERVICES

ASP SOLUCIONES may suspend and / or disconnect the service to the CLIENT
7.1. When the CLIENT does not make payments for the Services within the term established at the time of signing the Services and is thirty (30) days past due.
7.2. For breach of the Terms and Conditions agreed here.
7.3. When ASP SOLUCIONES suspects that the CLIENT uses the service for unauthorized exploitation or is fraudulently using it.
7.4. For reasons of force majeure, fortuitous event and / or by government instructions and / or court order.
7.5. The CLIENT may not assign, rent or transfer to third parties the rights and obligations acquired through this CONTRACT, except with written authorization from ASP SOLUCIONES.

8. EXCLUSION OF RESPONSIBILITIES

8.1. ASP SOLUCIONES will not be responsible to the CLIENT for direct or indirect losses, lost profits, and other damages and / or losses caused by interruptions or disconnections from the service in case of force majeure, fortuitous event, government restrictions and / or court order.
8.2. ASP SOLUCIONES will not be responsible for the computer viruses that can be transmitted through the networks nor for the interceptions to the CLIENT's network by external and / or internal agents to the CLIENT and to ASP SOLUTIONS that may compromise the CLIENT's systems.
8.3. ASP SOLUCIONES will not be responsible to the CLIENT or third parties, when the latter uses the contracted service to publish unethical information including, but not limited to: privacy violations, and / or any other material that violates the Law.
8.4. ASP SOLUCIONES will not be responsible towards the CLIENT or third parties, when the latter uses the service fraudulently or that violates any current provision.
8.5. ASP SOLUCIONES will not be responsible to the CLIENT or third parties, for the malfunction of the internet connection service that the CLIENT has contracted or for the configuration that the CLIENT has established in its internal network (s), if it has one. < br />

9. DURATION OF THE CONTRACT

9.1. This CONTRACT is effective from the initial date of subscription to the Services by the CLIENT and will be valid for the entire duration of the commercial relationship with the CLIENT. During the term of the CONTRACT, the Services will be automatically renewed for additional periods of up to 12 months, depending on the selection made by the CLIENT at the time of subscription to the Services.
9.2. The CLIENT may terminate the subscribed service or services, if he notifies thirty (30) days before the date of automatic renewal of the services, which is defined based on the initial date of subscription to the Services by the CLIENT. The CLIENT understands that he will not receive any refund for services paid in advance or in advance.
9.3. The CLIENT must send their request to disconnect the services to the email support@cliniweb.com. Said disconnection request must contain the following information: the name of the account, the date of disconnection and the description of the service that you wish to disconnect.
9.4. In the event that the CLIENT applies again for the connection of the Services, after requesting the definitive disconnection (voluntary or late payment), he will pay any outstanding balance including the interest for default, if any, and his request will meet the charges of a new installation, according to the rates in force at the time of said request.
9.5. In the event that the CLIENT wishes to interrupt the services for any reason, without ordering the definitive disconnection, ASP SOLUCIONES will charge the amount corresponding to a monthly payment to his account. This interruption cannot be greater than six (6) months. The CLIENT must inform five (5) business days in advance, the date on which they want the services to be reconnected.

10. EARLY TERMINATION OF THE CONTRACT

ASP SOLUCIONES may terminate this agreement for the following reasons:
10.1. Failure to comply with the clauses here agreed.
10.2. Due to delinquencies of more than 30 days.
10.3. The death of the CLIENT, in the case of a natural person.
10.4. The formation of bankruptcy or declaration of bankruptcy of the CLIENT or for being in a state of suspension or cessation of payments without the corresponding bankruptcy declaration having taken place, not without this impairing the balances receivable by ASP SOLUCIONES by virtue of the remaining fixed charges until the end of this CONTRACT.
10.5. If ASP SOLUCIONES verifies that the CLIENT has made fraudulent or unauthorized use of the subscribed services.
10.6. When ASP SOLUTIONS discovers that THE CLIENT uses the service object of this CONTRACT for commercial exploitation, without the due authorization and corresponding notification to ASP SOLUTIONS

11. GUARANTEES

ASP SOLUCIONES guarantees that the Services will conform to the descriptions of the Services when normal use is made of said Services. We do not guarantee or declare:
11.1. That the use of our Services will be punctual or uninterrupted or will not present errors, nor that it will be able to be carried out in combination with specific hardware, software, systems or data.
11.2. That our services will meet all the requirements of the CLIENT.
11.3. All errors or defects will be corrected.
11.4. All responsibility of ASP SOLUCIONES and its only recourse under this guarantee will be that, as ASP SOLUCIONES deems appropriate and in accordance with the applicable legislation, it renders the Services in conformity or terminates the Services that do not conform.
11.5. To the extent permitted by applicable law, we exclude all other warranties and conditions, whether express, implied, legal or otherwise, including any express or implied warranties of merchantability, satisfactory quality, ownership, fitness for a particular purpose and no infringement.

12. LIMITATION OF LIABILITY

12.1. In no case may ASP SOLUCIONES be responsible for personal injury or any incidental, special, indirect or consequential damages, including, but not limited to, damages for loss of benefits, loss of data, business interruption or any other damage or commercial loss , that takes place due to the use or the inability to use the subscribed Services, for any reason, regardless of the theory of responsibility (contract, tort or any other) and even if the CLIENT has been notified of the possibility of such damages.
12.2. In no case may ASP SOLUCIONES 'total liability for damages exceed the amount of one hundred dollars ($ 100.00). The above limitations will apply even if the remedy stated above fails in its essential purpose.

13. APPLICABLE LAW

These terms and conditions are governed by the laws of the Republic of Panama and all matters arising in connection therewith shall be submitted to the courts of the Republic of Panama.

14. ARBITRATION

Any litigation or controversy arising from or related to this CONTRACT, as well as the interpretation, application, execution and termination thereof, must be resolved through arbitration, prior conciliation attempt, by the Panama Conciliation and Arbitration Center and pursuant to its rules of procedure.