To review the Terms & Conditions of the FocusEconomics website, please visit this page.
Updated: 8 July 2022
1.1. FocusEconomics, S.L.U. is a Spanish limited liability company, registered with the Commercial Registry of Barcelona and holder of Spanish tax identification number B-82.162.330, with registered office at Gran via de les Corts Catalanes, 657 – 3 1º, 08010, Barcelona (Spain), the contact e-mail address of which is email@example.com and contact number is +34 93 265 10 40.
1.2. These Terms & Conditions together with the Quote (both documents are referred in these Terms & Conditions as the “Agreement”) expressly govern the conditions under which the Client will subscribe the Services offered by FocusEconomics. The access to the Services whatever the application, digital media, support, or device through which it may be accessed, is governed by these Terms & Conditions.
2. READING AND ACCEPTING THESE TERMS & CONDITIONS
2.1. Please read these Terms & Conditions carefully before contracting our Services, as it constitutes a binding contract between you and us.
2.2. The acceptance of these Terms & Conditions shall be made by signing the Agreement.
2.3. If you would like to read these Terms & Conditions, they are always available in our Website.
“Agreement” means these Terms & Conditions, as well as the Quote as applicable, together with all related attachments.
“Authorized Users” means any individual authorized by the Client and who has been granted access to the Services by FocusEconomics and any users that are given free access to the Services by FocusEconomics.
“Client” or “you” means the company, academic institution, organization, government, individual of legal age, agent, representative or any other variation thereof that enters into the Agreement to access to the Services.
“Content” means, without limitation, all content, publications, information, texts, tables, algorithms, databases and data collections, designs, diagrams, documentation, drawings, charts, formulas, inventions, marks (including brand names, product names, logos, and slogans), methods, models, procedures, software code, user interfaces, websites, domain names, works of authorship, any and all copyrightable material (including source and object code) of the Materials including without limitations the design, structure, and arrangement of such content contained in the Materials, and other forms of technology, created, compiled, assembled or integrated by FocusEconomics and/or its affiliates and/or its partners.
“Educational Purposes” shall have the meaning set forth in Clause 10.3 of these Terms & Conditions.
“Extract” means the permanent or temporary transfer of the Material to another medium, whatever the means used, or the manner in which it is carried out.
“Electronic Delivery System” means any electronic system that facilitates the transmission of and/or receipt of the Material including, without limitation, FocusAnalytics, email or API.
“FocusAnalytics”: means the data portal and its dashboards under which FocusEconomics makes available the Material.
“FocusEconomics”, “we”, “us,” or “our” means FocusEconomics, S.L.U., a Spanish limited liability company, registered with the Commercial Registry of Barcelona and holder of Spanish tax identification number B-82.162.330.
“Intellectual Property Rights” means all past, present, and future rights of the following types: (i) rights associated with works of authorship, including exclusive exploitation rights, copyrights, moral rights, and mask works; (ii) trademark and trade name rights, rights to goodwill or to sue for passing off or unfair competition, and similar rights; (iii) trade secrets rights; (iv) patents and industrial property rights; (v) other proprietary rights in the Material of every kind and nature; and (vi) rights in or relating to registrations, renewals, extensions, combinations, divisions, and reissues of, and applications for, any of the rights referred to in subsections (i) through (v) of this sentence.
“Material” means the standardized and customized reports on the economic analysis and forecasts, reports on price forecasts on different commodities and general economic news and information offered by FocusEconomics.
“Permitted Uses” shall have the meaning set forth in Clause 10 of this Terms & Conditions.
“Quote” means the document specifying the license and products offered by FocusEconomics and purchased by the Client.
“Safety or Legal Purposes” shall have the meaning set forth in Clause 10 of this Terms & Conditions.
“Services” shall have the meaning set forth in Clause 5.1.
“Services Plan” or “Services Plans” shall have the meaning set forth in Clause 6.
“Term” shall have the meaning set forth in Clause 9.
“Terms & Conditions” means all the provisions set out herein.
“Website” means https://www.focus-economics.com/.
4. PURPOSE AND SCOPE
The purpose of these Terms & Conditions is to govern the terms under which the Client will subscribe the Services offered by FocusEconomics. Only Authorized Users are permitted to access to the Services and use the Material. Any use of the Material through whatever mechanism and/or technic not expressly authorized by FocusEconomics in these Terms & Conditions is expressly prohibited.
5. DESCRIPTION OF THE SERVICES
5.1. Description of the Services: FocusEconomics provides reliable economic intelligence to the Client by granting access to the Materials. This access enables the Client to access to accurate and trusted economic data and is granted by means of a limited, revocable, non-exclusive, non-sublicensable and non-transferable license to the Material only and exclusively for the Permitted Uses (the “Services”).
5.2. Delivery of the Services: The Electronic Delivery Systems under which FocusEconomics will make available the Material to the Client will be specified in the Quote.
6. SERVICES PLANS
FocusEconomics offers different ranges of subscriptions under which the Client may contract the Services (the “Services Plan” or “Services Plans”). The specific Material included in the Services Plan, the term of such Services Plans, and their prices are set forth in the Quote.
7. FEES, PAYMENT AND BILLING
7.1. Fees: The fees of the Services Plans are established in the Quote which must be paid euros unless is stated otherwise in the Quote.
FocusEconomics reserves the right to modify the fees of the Services Plans, at any time, in accordance with the provisions of Clauses 9.4 and 15.3 of these Terms & Conditions.
7.2. Payment: The Client agrees that during the Term of the Agreement and for any subsequent terms, the payment of the fees will be governed by the conditions set forth below:
(i) Payment method:
For the first Term of the Services Plan, the Client agrees to settle the invoice issued by FocusEconomics within thirty (30) days of receipt by a wire transfer to the bank account indicated by FocusEconomics or by credit card.
For the subsequent terms of the Services Plans, the payment of the fees will be made as follows:
a) If the payment of the fees for the first term of the Services Plan has been made by credit card, the fees may be charged automatically at the beginning the next term of the Services Plan.
If for operational reasons, the automatic payment cannot be executed, the Client undertakes to settle the invoice issued by FocusEconomics within thirty (30) days of receipt by a wire transfer to the bank account indicated by FocusEconomics or by credit card.
Any charge to the Client account made by FocusEconomics for the provision of its Services shall be considered as authorized by the Client.
b) If the payment of the fees for the first term of the Services Plan has been made by wire transfer, the Client undertakes to settle the invoice issued by FocusEconomics within thirty (30) days of receipt by a wire transfer to the bank account indicated by FocusEconomics or by credit card.
(ii) Fees or differences in the exchange rate: Payments may be subject to foreign exchange fees, differences in prices based on location (e.g. exchange rates) or bank commissions. In accordance with Clause 14, the Client will bear all the fees and differences in prices derived from the payment of the Services Plans.
(iii) FocusEconomics may, upon the Client’s request, calculate the taxes payable by the Client based on the billing information that the Client has provided at the time of purchase. In such case, the invoice will include a breakdown detailing the amount corresponding to the Services Plans and the amount corresponding to the taxes.
(iv) The Client acknowledges that the total amount that FocusEconomics shall receive shall equal to the fees of the Services Plans established in the Quote. For sake of clarify, any fees, tax withholdings or commissions accrued within the payment process shall be borne by the Client and under no circumstance shall cause that FocusEconomics receives a lower amount than the price established in the Quote.
7.3. Late payments: Failure to settle in full on these terms may lead to the imposition of interest charges to the Client at 5% per annum.
In addition to the above, the late payment of the fees by the Client shall be deemed a material breach of these Terms & Conditions and of the Quote, justifying suspension Services and will be sufficient cause for immediate termination of this Agreement by FocusEconomics. Any such suspension or termination will in no way relieve the Client from payment of fees and the late payment charge and, in the event of collection enforcement, the Client shall be liable for any costs associated with such collection, including, but not limited to, legal costs, attorneys’ fees, courts costs, and collection agency fees.
7.4. Billing of the Services: The billing form and frequency of invoicing for the payment of the Services provided by FocusEconomics to the Client will depend on the type of Services Plan chosen, as indicated in the Clause 6 of these Terms & Conditions and in the Quote.
The Client expressly consents that the various invoices issued by FocusEconomics for the provision of its Services may be issued and sent in electronic format.
The Client has the right to receive, free of charge, the invoice on paper, by expressly requesting it to FocusEconomics. To do so, the Client must state this either at the time of the subscription of the Services by sending an e-mail to the company’s customer service department firstname.lastname@example.org, or at any time, thereafter, indicating the data identifying the contract and confirming the date from which you wish the invoice to be sent to you.
For the subsequent Terms of the Services Plans, the Client undertakes to deliver, with a prior notice of thirty (30) calendar days before the Services Plan gets automatically renewed, the purchase order number to FocusEconomics so that FocusEconomics may complete the invoicing process before the Services Plans is automatically renewed.
8. ACCESS TO THE SERVICES
8.1. Prior to having access to the Services, the Client shall sign the Agreement and pay the relevant fees in the terms and conditions set forth therein.
8.2. Once paid the fees, FocusEconomics will grant access to the Services specified in the Quote. Nonetheless, FocusEconomics may require the Client to provide additional information to access to the Services.
8.4. You undertake and warrant that you are entirely responsible for maintaining the security of your password, identification and account and for any and all activity that occurs under your account.
8.5. You accept at your own risk the unauthorized access of your account. FocusEconomics will not be liable to you for any loss you may incur as a result of someone else using your password or account with or without your knowledge. You may be held liable for losses incurred by FocusEconomics or any other user due to someone else using your password or account. You may not use anyone else’s account at any time, without FocusEconomics’ permission.
9. TERM AND TERMINATION OF THE AGREEMENT
9.1. Term: Unless otherwise specified in the Quote, the term of the Services Plan will be: (i) of one (1) year as from the signature of the Quote and the Terms & Conditions; or (ii) for Authorized Users of a trial or free access, the duration for which FocusEconomics provides access to the Material, as the case may be (the “Term”).
9.2. Renewal: The Client accepts that the Services Plan will automatically renew for further equivalent Terms, unless the Client communicates by email to FocusEconomics its intention not to renew the Services Plan with a prior notice of at least sixty (60) days to the end of the Services Plan.
9.3. Termination of the Services Plan before the end of the Term: The Client is not allowed to terminate the Agreement as all Services Plans will run their full Term. Thus, should the Client desist from its Services Plan before the end of its Term: i) the Client will continue to enjoy the Services Plan until its termination, at which time the Service Plan will be cancelled; and (ii) FocusEconomics will not provide a pro rata refund once such a Services Plan has been made available to the Client.
9.4. Changes in the cost of the Services Plan: FocusEconomics may also notify the Client at any time, during the Term of the current Agreement of changes in the cost to the Client for the Services that FocusEconomics offers during the subsequent Term. Pricing for the subsequent Term may be increased by up to the inflation rate prevailing in Eurozone in that moment plus an additional rate of 3% FocusEconomics’ discretion. The inflation rate refers to “HICP – monthly data (annual rate of change” for “Euro area (EA11-1999, EA12-2001, EA13-2007, EA15-2008, EA16-2009, EA17-2011, EA18-2014, EA19-2015)”.
9.5. Termination due to the Client’s breach: FocusEconomics may terminate this Agreement, with immediate effect and without notice, in the event that the Client has defaulted in the performance of any material provision contained in these Terms & Conditions. Termination of this Agreement for any reason shall not affect FocusEconomics’ right to recover any moneys due at the time of termination or to recover damages for any breach of the Agreement.
10. SCOPE OF THE LICENSE
10.1. By hiring the Services and subject to the payment by the Client of the fees, as set forth in Clause 8 of these Terms & Conditions, FocusEconomics grants to the Client, and the Client accepts, a limited, revocable, non-exclusive, non-sublicensable and non-transferable license of the Material specified in the Quote only and exclusively for the Permitted Uses. No rights or licenses are granted except as expressly set forth herein.
10.2. Unless stated otherwise, the license shall only be exclusively granted to the Client and to the Authorized Users indicated by the Client in the Quote. Unless otherwise stated, all Authorized Users shall be identified by name and email address.
10.3. Permitted Uses. Authorized Users are permitted to use the Material pursuant to the uses set forth in this section of the Terms & Conditions:
• When the Agreement specifically indicates it, the Material may be used for “Educational Purposes”.
For the purposes of these Terms & Conditions, “Educational Purposes” means any use of the Services which is carried out in the framework of:
o Non-commercial instruction or curriculum-based teaching by educators or students at non-profit educational institutions;
o Planned non-commercial study or investigation directed toward making a contribution to a field of knowledge; or
o Presentation of research findings at non-commercial peer conferences, workshops, or seminars.
Authorized Users may, in the scope of their Educational Purposes Extract on an occasional and irregular basis the Content included in the Material and provide insubstantial portions to other staff and students or in scholarly works and articles which under no circumstances shall have a commercial purpose. In all cases these portions of information may only be made available in print or by secure electronic means to a limited number of individuals, and each such portion must include a copyright notice from FocusEconomics and an original source attribution.
For sake of clarity, it is hereby stated that former students and former workers of any of the entities to which this section applies, will not have the consideration of Authorized Users and, therefore, they will not be able to access to the Services or use the Material.
• When the Material is used for public security purposes or for the purposes of an administrative or judicial procedure (“Safety or Legal Purposes”) Authorized Users may Extract the Material.
• When the Material are used for any other use that it is not regarded to be as “Educational Purposes” or “Safety or Legal Purposes”, the Authorized Users may, only in an occasional and irregular basis, Extract insubstantial portions of the Material.
10.4. Prohibited Uses. Any use of the Material not specifically permitted by this Clause 10 is expressly prohibited.
Without limitation to the generality of this Clause 10.4, neither Client, nor Authorized Users are permitted, directly or indirectly, to allow any other person to use or share Authorized Users’ usernames or passwords, nor to allow an unauthorized person to have access to the Material.
Requests for permission for other uses may be sent to FocusEconomics, Gran Via 657, E-08010 Barcelona, Spain, or by email to email@example.com. Any such requests shall be subject to FocusEconomics’ sole discretion and, if granted, may be subject to an additional fee.
10.5. Any breach of this restriction may result in immediate termination of the Client’s (and all Authorized Users’) access to the Services and/or liability for damages. Except as permitted in Clause 10.3 above or by prior written consent of FocusEconomics, no portion of the Material may be reproduced or stored in or transmitted to any website, newsgroup, mailing list, or electronic bulletin board, or stored in electronic or print form whatsoever.
10.6. Electronic Delivery System: Where the Client is accessing the Material through an Electronic Delivery System (having been authorized as such on the Quote), it may maintain:
(i) a single copy of the Material on a server under its control for the purposes of providing access to the Material to Authorized Users;
(ii) a single copy of the Material for backup purposes only; or
(iii) 10 business days after termination of this Agreement, for whatever reason, the Client will either promptly return the Material and all copies thereof or confirm to FocusEconomics that the Material have been destroyed or permanently erased.
Notwithstanding the above, the Client shall be entitled to retain relevant parts of the Material:
(i) That is required to be kept for legal, regulatory, or internal compliance or audit purposes; and
(ii) Where the Client is unable to destroy or permanently erase the Material as a result of compliance with its information technology back-up and disaster recovery or other related policies.
In both cases the client shall ensure that the Material is no longer readily accessible by any of its employees or representatives and that the Material is no longer used in any of the Client’s models, analysis, products or processes.
11. INTELLECTUAL PROPERTY RIGHTS
All Material provided to the Client in the framework of the Services, unless otherwise indicated, is protected by law including, but not limited to, copyright, trade secret, and trademark law, as well as other laws and regulations. The Material and the structure, layout, design and placement of any content included in the Material is exclusive property of FocusEconomics or its partners and, except as expressly provided herein, FocusEconomics does not grant any express or implied right to any such materials to the Client. Third-party trademarks displayed in the Material, are the property of their respective owners. Except as specifically authorized herein, the Client may not use the trade names, trademarks, logos, service marks, service names or other such marks or designations of FocusEconomics, or its partners in any manner without the prior written consent of FocusEconomics.
Except as otherwise stated in the Agreement, the Client may not (in whole or in part) copy, access, distribute, reproduce, adapt, store, transmit, decrypt, print, display, commercialize, perform, publish or create derivative works, offer for sale or use (except as explicitly authorized in these Terms & Conditions) any part of our Material. No rights are granted to you except as expressly set forth in these Terms & Conditions.
12. SECURITY AND AUDITING
12.1. The Client is solely responsible for creating security measures adequate to protect the Material from unauthorized access.
12.2. The Client is fully and solely responsible for the confidentiality of and solely liable for the use of and access to the Material, the Authorized Users’ usernames and sign-on passwords, as applicable. The Client agrees to immediately notify FocusEconomics if it becomes aware of any loss or theft of any username or password or any unauthorized access to the Material.
12.3. Upon request by FocusEconomics the Client shall deliver to FocusEconomics a statement regarding the Client’s usage of the Material containing: (i) the number of the Client’s Authorized Users accessing the Material for the preceding quarter together with the frequency of access by such persons (ii) the names, titles, and locations, of all the Client’s Authorized Users accessing the Material for that quarter. This statement shall be delivered by the Client no later than fifteen (15) working days after such request is made. For the purpose of confirming the Client’s compliance with the terms of this Agreement, FocusEconomics reserves the rights to monitor access to the Material.
13. NO WARRANTY AND DISCLAIMER OF LIABILITY
13.1. The Material provided in the framework of the Services are on an “as is” and “as available” basis, and We expressly disclaim all express or implied warranties of all kinds, including but not limited to the implied warranties of accuracy, validity reliability, availability, suitability or completeness of any information, content or data provided and, therefore, in no event, We will be liable, whether in contract or tort, for any claim, loss, damage, liability, cost or expense of any kind, whether direct or indirect (including damages for loss of business, revenues, profits, data, use, goodwill or other intangible losses) or any other damages of any kind related to You or to any third party caused from the access or use of the Material or relying on the content of the Material.
13.2. FocusEconomics shall not be liable for any damages that may derive from:
a) the lack of lawfulness, reliability, usefulness, truthfulness, accuracy, completeness, and/or timeliness of the Material originated by third parties;
b) the unsuitability for any purpose and the failure to meet the Client’s expectations by the Material; or
c) the decisions or actions taken or avoided by the Client in reliance on the information or data provided or provided.
13.3. If FocusEconomics is held liable to the client for any reason, in no event shall any liability of FocusEconomics, its affiliates, agents and licensors, if any, arising out of any kind of legal claim or claims (whether in contract, tort (including negligence), or otherwise) in any way connected with the Material exceed the amount the client paid to FocusEconomics under this agreement in the 12-month period preceding the date such claim or claims first arose.
13.4. Under no circumstance shall FocusEconomics be responsible for the following items, which include but are not limited to:
a) Misuse or abuse by you of the information obtained through the Material.
b) Damage or harm that have occurred as a result of the use of the Material, including but not limited to, losses derived from investments based on the information included in the Material.
c) Errors or damages produced by your negligence or bad faith in the use of the Material.
d) Errors or incidents that may occur in communications, deletion or incomplete transmissions, since there may be drops in the network or other situations for which FocusEconomics is not directly responsible, as FocusEconomics is not responsible for nor can we guarantee that access to the Services will be always operational, and thus is exempt from any damage that this could cause.
e) We reserve the right to suspend access without prior notice in a discretionary manner, either definitively or temporarily, until it confirms effective liability for any damage that may have occurred when any situation is detected where you have not acted correctly.
14. TAXES AND COMISSIONS
14.1. The Client will be responsible for the payment of the total amount of taxes derived from the fees established in this Agreement, including withholding taxes or any other tax that affects the income FocusEconomics obtains from the provision of services in the Client’s country of residence. The Client is obliged to assume these costs even if the local tax legislation establishes the obligation to withhold amounts from FocusEconomics, as a result, this cost will be considered as part of the fee. As a result, the payment that FocusEconomics receives in consideration for the provision of the Services will be the net amount and will be equivalent to the amount expressed in the corresponding invoices.
14.2. Furthermore, the Client will be responsible for assuming any costs derived from the bank fees or exchange rate fees that may be charged to the Client.
Under no circumstance, any tax withholding, bank fee or commission accrued shall cause that FocusEconomics receives a lower amount than the price set forth established in the Quote.
15.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior discussions, documents and agreements.
15.2. Authority. Each party represents and warrants to the other that it has full power and authority to enter into and perform this Agreement (and, in the case of the Client, to bind its Authorized Users), and that the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement.
15.3. Amendments. FocusEconomics can make changes and/or modifications to these Terms & Conditions at its sole discretion when it deems convenient and/or necessary.
The updates and/or modifications shall be duly announced and notified with a prior notice of thirty (30) days, thus guaranteeing the principles of publicity and transparency, as well as your rights as consumer/user. If you continue using our Services after such notice period, it will be deemed that you accept the new Terms & Conditions.
15.4. Notices. Notices shall be given in writing by email (i) for FocusEconomics, to firstname.lastname@example.org and (ii) for the Client, to the Client’s email address set out in the Order Form. Such correspondence shall be deemed received on which receipt of the mail is confirmed by acknowledgment of receipt of the message.
15.5. Non-Waiver. No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
15.6. Assignment. Unless otherwise provided in this Agreement, neither this Agreement nor any rights, licenses or obligations hereunder, may be assigned by either party without the prior written approval of the non-assigning party. Notwithstanding the foregoing, either party may assign this Agreement to any acquirer of all or of substantially all of such party’s assets or business or equity securities. FocusEconomics may assign this Agreement to its successors or affiliates without the prior approval of the Client.
15.7. Severability. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
15.8. Confidentiality. The terms of this Agreement (including the fee for the Services) shall be treated as confidential by the Client and shall not be disclosed to any third party without the prior written agreement of FocusEconomics unless disclosure is required by law or compelled by a court of competent jurisdiction.
15.9. Changes to the Material. FocusEconomics reserves the right to: (i) change the content, presentation, means of delivery and/or access to and/or availability of all or parts of the Material; and (ii) cease publication of the Material, at its sole discretion. FocusEconomics will strive, where reasonable, to notify Client of more fundamental changes to, or the cessation of, the Material.
16. APPLICABLE LAW AND JURISDICTION
16.1. These Terms & Conditions are governed by Spanish legislation. In the event that you are acting as a consumer, and the mandatory consumer protection regulations applicable in your country of residence contain provisions that are more beneficial to you, such provisions shall apply irrespective of the provisions of these Terms & Conditions.
16.2. Any dispute arising out of or in connection with these Terms & Conditions shall be submitted to the jurisdiction of the Spanish courts of Barcelona.