CONDITIONS OF CONTRACT


CONTRACTING PARTS

This contract is signed by the website www.soluciones-internet.es, on the one hand, Yannick Arrimadas Bot. with address at Bajada del Mar 21, house 3. 18690. Almuñécar – GRANADA, provided with N.I.F. No. 16061929-V

And on the other hand, the CLIENT, with address at Carretera de Direccion with C.I.F. B-XXXXXXX0. The CUSTOMER states that the consigned data is true, true, current and that facilitates it by itself.

 

CLAUSES

 

FIRST.- DEFINITIONS

SOLUCIONES INTERNET: company dedicated to the provision of telematic services, specialized basically in the service of Dedicated Server Administration and registration of domain names.

 

Client: Any individual or legal entity that contracts with INTERNET SOLUTIONS a Dedicated Servant or its Administration or Administration and who is listed as one of the contracting parties.

 

Contract: contains all the conditions contained in this document, as well as all additional information about the Dedicated Server or its Administration hired by THE CLIENT.

 

Resources and Applications: set of technical features and computer programming facilitated and supported by the different Dedicated Servers that THE CLIENT can contract.

 

Login and password: systems that allow the CUSTOMER to authenticate for access to the control panel via the web, to the AC and for the request of aids and information about the contracted service.

 

SECOND.- OBJECT OF THE CONTRACT

The purpose of this contract is to regulate the conditions under which THE CLIENT accesses his Dedicated Server, the provision of this service through INTERNET SOLUTIONS, as well as to set the conditions and form of remuneration of the CLIENT to INTERNET SOLUTIONS.

Other benefits, services, applications or options can be offered by INTERNET SOLUTIONS to the client through other contracts or in commercial communications as well as by the provisions of the web www.soluciones-internet.es

 

 

THIRD.- CHARACTERISTICS OF THE CONTRACT

     

  • The Dedicated Server or its Administration is an exclusive hosting service, in which each client has its own machine, not shared with other users.
     

  • The general conditions contained in this contract will apply to the following types of Dedicated Servants: Administration of Dedicated Servers.
     

  • In general, the technical characteristics of each of these Dedicated Servants as well as the price to be met by them is permanently updated in the URL www.soluciones-internet.es.
     

  • The modifications suffered in the characteristics of each Dedicated Server or its Administration shall be governed by the provisions of clause 14 of this contract.
     

  • In any case, any change that affects the Dedicated Servants or that affects the provisions of this contract will be notified, with the publication of said changes on the web www.soluciones-internet.es.
     

  • The hardware and the operating system vary according to the type of Dedicated Server, and those published at that moment are available at www.soluciones-internet.es

    FOURTH.- PRICE AND FORM OF PAYMENT

    The price of the service registration varies depending on the model of Dedicated Server or its Administration.
    The price of registration for contracts with monthly payment can be found at www.soluciones-internet.es
    The exact price of the Dedicated Server or its Administration contracted by THE CLIENT is detailed in the pro forma invoice sent to the CUSTOMER that will be accepted by him at the moment of payment of said invoice.
    The amounts corresponding to the rates applicable to the Dedicated Servants are subject to the taxes that correspond to them.

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    Payment period: The payment of the Dedicated Servants and the additional services is monthly. It will be mandatory to make advance payments of the monthly payments of the Dedicated Server.
    These payments can be made by bank transfer.
    INTERNET SOLUTIONS will not proceed to initiate the preparations of the Dedicated Server or its Administration while it does not receive from the CUSTOMER, the amount of these services by the means of payment indicated.
    SOLUCIONES INTERNET will issue the corresponding invoice with details of all the concepts that make up this invoice.

    For every bank refund that occurs for reasons attributable to the CLIENT, INTERNET SOLUTIONS will charge an additional fee of 3 euros.
    SOLUCIONES INTERNET reserves the right to suspend temporarily the service rendered in the event of any incident experienced in the collection of the service and / or for lack of payment until the resolution of the same. If THE CUSTOMER does not proceed to its payment after the previous notice of the temporary suspension, the service will be definitively terminated due to the breach of the contract on his part.
    Failure to pay for additional services will result in the interruption of the main service.
    In cases of deactivation of the Dedicated Server or its Administration due to non-payment, all data associated with it will be deleted. If this Dedicated Server or its Administration is hired again, all the data must be registered again. The recovery of any of these previous data, in those cases where possible, should be requested to the technical department of INTERNET SOLUTIONS, upon payment of their services for an amount of € 60 / hour.

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    FIFTH.- ENTRY INTO FORCE OF THE CONTRACT AND DURATION

    This contract will come into force on the day of activation of the service, that is, at the time that THE CLIENT has the possibility to access the use of the Dedicated Server or its Administration receiving the start-up e-mail with the access instructions the same.
    The contract will have a monthly duration and will be tacitly extended with the payment of the next invoice. It will not be terminated as long as THE CUSTOMER does not show his withdrawal through the forms included in the FIFTH clause of this same contract.
    At each renewal, no copy of the contract will be sent, and the one published on the website www.soluciones-internet.es is always understood. which collects the most current version.
    THE CLIENT may request the withdrawal by sending an electronic message to soporte@soluciones-internet.es with a minimum of fifteen (15) days notice. This will occur on the day indicated by THE CLIENT to be effective, provided it is received with sufficient time to manage it.

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    SIXTH.- OBLIGATIONS AND RESPONSIBILITIES OF INTERNET SOLUTIONS

    In its relations with THE CLIENT, INTERNET SOLUTIONS must act with due diligence in the use of its commercial activity, loyally and in good faith. SOLUCIONES INTERNET is committed to offering the services at its best optimally, striving to ensure that the service provided can be developed 24 hours a day, 7 days a week as safely as possible, except for incidents that occur. outside the control of INTERNET SOLUTIONS. In this sense SOLUCIONES INTERNET reserves the right to interrupt the contracted service in function of technical repairs and maintenance of the equipment, as well as to improve the services themselves. SOLUCIONES INTERNET reserves the right to interrupt the Internet connection of the Dedicated Server, if this server constitutes a danger for the maintenance of the security of the hosting platform of INTERNET SOLUTIONS. SOLUCIONES INTERNET undertakes to re-establish the connection as soon as the corrective interventions have been made by THE CLIENT. SOLUCIONES INTERNET is not responsible for what is exclusively attributable to the client. THE CUSTOMER agrees to support within the reasonable limits risks and imperfections or unavailability of the servers, the programs used are technically complex and may not have been tested beforehand on all the possibilities that exist of use.
    Therefore, THE CLIENT expressly waives to claim any liability, contractual or extracontractual, damages to INTERNET SOLUTIONS for possible failures, slowness or errors in accessing and using the contracted service.

    Notwithstanding the foregoing, if INTERNET SOLUTIONS breach the commitments assumed in this contract for providing an inefficient service for an uninterrupted period of more than 24 hours, the responsibility of INTERNET SOLUTIONS will be limited to the proportional refund of the money charged for the service during said period of interruption.
    In no case INTERNET SOLUTIONS accepts responsibilities derived from data loss, business interruption or any other damages caused by the operation of the Dedicated Servers because they do not meet the expectations of the CLIENT.
    The access and use of the Dedicated Server or its Administration is the exclusive responsibility of the CLIENT, in such a way that SOLUCIONES INTERNET is not responsible in any way (neither direct nor subsidiary) for any direct or indirect damage that THE CLIENT could cause to third parties.

    SOLUCIONES INTERNET is not responsible for:

       

    • Of the errors produced by the access providers.
       

    • Virus contamination in their equipment, whose protection is the responsibility of the client.
       

    • Of the intrusions of third parties in the CLIENT’s service, even though INTERNET SOLUTIONS have established reasonable protection measures.
       

    • Of the defective configuration by the CLIENT.
       

    • Misuse (responsibility of the CLIENT).
       

    • INTERNET SOLUTIONS will not be responsible in any case for the content of the pages hosted on the CLIENT server nor will it be responsible for the breach by THE CLIENT of the obligations stipulated in the SEVENTH clause of this contract.

      SEVENTH.- OBLIGATIONS AND RESPONSIBILITY OF THE CUSTOMER

      THE CLIENT must comply with all the terms and conditions of this contract in the exercise of their professional activity, and must act loyally and in good faith.
      THE CLIENT must satisfy the agreed remuneration, as stated in clause 4 of this contract.

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      Conditions of use of the service : The use of the Dedicated Server contrary to good faith, to public order, to current legislation and, in particular, in a non-exhaustive manner is prohibited:

         

      • Use that is contrary to Spanish laws or that infringes the rights of third parties.
         

      • The publication or transmission of any content that, in the opinion of INTERNET SOLUTIONS, is violent, obscene, abusive, illegal, racial, xenophobic or defamatory.
         

      • Cracks, serial numbers of programs or any other content that infringes the intellectual property rights of third parties.
         

      • The collection and / or use of personal data of other users without their express consent or in contravention of the provisions of the Organic Law 15/1999, of December 13, on the Protection of Personal Data.
         

      • The use of the Dedicated Server for spam, mail bombing, phishing, escrow fraud, scam 419, pharming, virus spreading (Trojans, worms, etc.), or any other type of activity carried out with sabotage, fraudulent spirit or criminal.

        THE CUSTOMER undertakes to keep operative, active and updated the e-mail address provided at the time of contracting for communications with INTERNET SOLUTIONS, as it constitutes the preferred means of communication of INTERNET SOLUTIONS for the agile and fluid management of the provision of the service as a consequence of the contractual relationship that unites us through this contract.
        If THE CUSTOMER wants to change the e-mail address provided at the time of contracting as a contact address, it must do so through the AC, with the proper authentication measures of said request, so that at no time communication between both parties is interrupted. parts.

        INTERNET SOLUTIONS is exempt from any responsibility for the consequences of the lack of operability of the CLIENT’s e-mail address or the lack of communication that the change of address can not produce, as well as the misinformation alleged by THE CLIENT due to his own negligence when it comes to keeping this information active.

        THE CUSTOMER acknowledges having tested the Dedicated Server or its Administration with its needs and that it has been adequately informed by INTERNET SOLUTIONS.

        THE CLIENT guarantees that he will use the Dedicated Server in accordance with the specifications and technical restrictions, without this use causing any damage to the server, system resources or even computer programs.

        THE CUSTOMER will indemnify INTERNET SOLUTIONS for the expenses incurred by the CUSTOMER for charging him / her with any cause whose responsibility was attributable to the CUSTOMER, including fees and expenses of the INTERNET SOLUTIONS lawyers, even in the case of a non-final judicial decision.

        Any problem that could occur in the servers and security systems of INTERNET SOLUTIONS as a direct consequence of a negligent act of the CLIENT, this will answer for the civil and criminal responsibility that could correspond.

        THE CLIENT has full responsibility for the use and content of his Dedicated Server, of the information transmitted and stored of his exploitations, of the hypertext links, of the claims of third parties and of the legal actions that can trigger in all the reference to property intellectual, personality rights and protection of minors.

        THE CLIENT is responsible for the laws and regulations in force and the rules that have to do with the operation of the online plan, electronic commerce, copyright, maintenance of public order, as well as universal principles of Internet use.

        THE CUSTOMER will be exclusively responsible for the administration of the applications that he installs on his server, as well as the effects that they may have on the pre-installed standard software or the configuration of the machine, in those cases where this option is feasible.

        At the moment in which THE CUSTOMER can request and obtain the administrator passwords of his Dedicated Server, SOLUCIONES INTERNET will cease to be in charge of the administration of the server, exonerating himself of any responsibility derived directly or indirectly from its operation.

        In the event that THE CLIENT has contracted with INTERNET SOLUTIONS the service of additional support in administration of Servers, whenever the CLIENT needs an intervention in the Server, he should send an e-mail to the email address or info @ solutions -internet.es and INTERNET SOLUTIONS will only perform actions related to the administration of the server systems, upon request of the CLIENT referred to above, therefore, under no circumstances, INTERNET SOLUTIONS will be responsible for any other action than that of this assumption.

        THE CLIENT is informed that:

           

        • At no time, THE CLIENT may physically access the Dedicated Server.
           

        • THE CUSTOMER accepts the configuration chosen for its Dedicated Server or its Administration and understands that any subsequent modification of it, if feasible, will be considered as an additional service, billable independently.
           

        • THE CUSTOMER, with the acceptance of this contract, expressly consents to the sending of invoices relating to the service contracted through telematic means, as indicated by current regulations on this matter.
           

        • THE CUSTOMER must meet all obligations that are collected throughout the contract even if they are not expressly included in this clause.

          EIGHTH.- FORCE MAJEURE
          None of the parties will be responsible for the breach of the obligations derived from the contract and, therefore, there will be no right to compensation when said breach is due to Force Majeure causes.

          If the suspension for this circumstance is longer than 2 months, this contract may be canceled at the request of either party.

          NINTH.- TERMINATION

          The contract will end when, in addition to the legally established causes and those provided in the different clauses of this contract, there is one of the following:

             

          • Mutual Agreement of the parties.
             

          • End of the initial period of duration or successive extensions.
             

          • Resolution for breach of any part of the obligations arising from the contract.
             

          • When any of the parties is in a contest situation.

            If the breach of the CLIENT was cause for the termination of the contract, as established in the clause NINTH, SOLUCIONES INTERNET reserves the right to terminate this contract in advance and, therefore, to dispossess the client of the Dedicated Server or its Administration without prior notice and without THE CLIENT having the right to compensation or refund of any amount.

            In case of termination or termination of the contract, for the reasons mentioned above or any other admitted in law, THE CLIENT must comply with the obligations assumed prior to the termination of the contract against INTERNET SOLUTIONS and against third parties.

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            TENTH.- INTELLECTUAL PROPERTY

            THE CLIENT must respect the programs of use of third parties made available by INTERNET SOLUTIONS even if they were free, of which INTERNET SOLUTIONS has the necessary exploitation rights.

            THE CLIENT, by virtue of this contract, does not acquire any right or license for the purpose of the Dedicated Server, of the computer programs necessary for the provision of the service or on the technical information to monitor the service, except for the rights and licenses required for compliance with this contract and only for the duration of the same.

            For any action that exceeds compliance with this contract, you will need written authorization from INTERNET SOLUTIONS.

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            ELEVENTH.- CONFIDENTIALITY

            All information or documentation that any of the parties contribute to the other in the development and execution of this contract will be considered confidential and exclusive of whoever provides it and will not be able to communicate to third parties without their consent.

            The parties agree to give confidentiality to this contract, obliging not to disclose to third parties any of the points that make up its content without the express consent of both parties.

            The parties exclude from the category of confidential information all information that is disclosed by the party that owns it, that which becomes public, that which is to be disclosed in accordance with the laws or with a judicial resolution or imperative act of authority competent and that which is obtained by a third party that is not under any obligation of confidentiality.

            This confidentiality obligation persists until two (2) years after the end of this contract.

            Neither party will acquire any right over any confidential information or other proprietary rights of the other party as a result of this contract.

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            TWELFTH.- PERSONAL DATA PROTECTION POLICY

            INTERNET SOLUTIONS, observing the current regulations on the protection of personal data, informs that the personal data collected at the time of contracting is included in the automated file called SOLUCIONES INTERNET_CLIENTES duly registered in the Data Protection Agency Spanish.

            The collection and automated processing of Personal Data is intended to maintain the contractual relationship that may be established with INTERNET SOLUTIONS, as well as the performance of the tasks of service management, collection, in the execution of this contract, and for the performance of the tasks of information, training, marketing (the latter task always identified as such) and other activities of the company.

            These data will only be transferred to those entities that are necessary with the sole purpose of fulfilling the purpose set forth above.

            SOLUCIONES INTERNET adopts the necessary technical and organizational measures to guarantee the security, integrity and confidentiality of the same in accordance with the provisions of Organic Law 15/99 of December 13, on the Protection of Personal Data.

            In those cases in which the LOPD requires it, according to article 12.2, INTERNET SOLUTIONS will act as in charge of the treatment and, therefore, will not apply or use said files for purposes other than the provision of the contracted service, nor will it communicate them to other persons even though be for its conservation, unless express request of the CLIENT.

            For any indication, by the person responsible for the file, regarding the implementation of special security measures in the Dedicated Server or its Administration, it will be necessary to contact INTERNET SOLUTIONS with the object, if necessary, to regulate the new conditions, not being therefore subject to this contract.

            SOLUCIONES INTERNET is not responsible for the breach by the CLIENT of the LOPD in the part that corresponds to its activity and that is related to the execution of this contract. Therefore, each of the parties will not be responsible for the breach of these rules by the other party.

            THE CUSTOMER states that all data provided by him are true and correct, committing to keep them updated, communicating it to INTERNET SOLUTIONS. THE CUSTOMER will answer for the veracity of his data and will be the only person responsible for any conflicts or litigation that may result from the falseness of the same.

             

            THIRTEENTH.- ASSIGNMENT

            THE CLIENT may not assign to third parties rights and obligations arising from this contract without the prior written consent of SOLUCIONES INTERNET.

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            FOURTEEN.- MODIFICATIONS

            SOLUCIONES INTERNET reserves the right to modify, in any way, the characteristics and conditions of the Dedicated Server, always in development and benefit of the service itself. To do so, it must not be more formal than informing the client with an online notice and / or taking this modification to the clauses of the contract and / or sending it by e-mail.

            THE CUSTOMER, once notified of the modification by INTERNET SOLUTIONS, has a period of 7 days, from receipt of such communication, to terminate the contract if it does not agree with the new circumstances, after this period without notice to the contrary of the CLIENT It will be understood that you accept the new conditions.

            If as a consequence of the constant R + D development of INTERNET SOLUTIONS, as well as the technical and technological advances that occur in the services of the information society, there will be changes in the Dedicated Server, other services and management systems, administration (eg new secure forms of payment in the network) of INTERNET SOLUTIONS, in order to adapt to these advances, if it is deemed convenient by INTERNET SOLUTIONS, to make the modifications that are necessary to adapt to these advances.

            In these cases, INTERNET SOLUTIONS will previously communicate to the clients the information about the changes that affect them and will establish the necessary term in each case so that if the CLIENT does not agree with said changes, he / she can consider this contract as settled, respecting in all cases what provided in clause NINTH.

            INTERNET SOLUTIONS, in its diligent and good faith action in the market field of its commercial activity, will make these changes provided they involve a benefit not only of the development of new technologies, but also the operation of the company and even the service offered in this contract so that they do not harm the customers as a whole.

            In case of conflict between the harm to a small number of customers and the development of INTERNET SOLUTIONS and / or the adaptation to the technological and technological advances of the information society services, the benefit of the majority of the clients in This adaptation and the advancement of INTERNET SOLUTIONS in the field of new technologies.

             

            FIFTEEN.- LIMITATION OF WARRANTY AND LIABILITY

            Under no circumstances INTERNET SOLUTIONS, nor managers and senior managers, administrators, partners, agents or employees dependent on it will incur any liability for causes directly or indirectly related to the use made by THE CLIENT of the INTERNET SOLUTIONS service.

            The parties recognize that the entry into force of this contract, does not imply any representation, delegation, guarantee or other agreements other than those expressly described in this contract; and in accordance with it, all the terms, conditions, guarantees or other aspects implied by agreements or general regulations, are explicitly excluded up to the limits allowed by the Law.

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            SIXTEEN.- NULLITY

            If any provision of this Agreement is declared null and void, in whole or in part, by any court or competent authority, the remaining stipulations shall remain valid, unless the parties decide at their discretion to terminate the contract.

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            SEVENTH.- APPLICABLE LEGISLATION AND COMPETENT COURTS

            This contract will be governed by Spanish legislation.

            In the event of any type of discrepancy or difference between the parties in relation to the interpretation, content or execution of the Contract, which is not resolved by mutual agreement, both parties will submit, expressly waiving any other jurisdiction that may correspond to the Courts and Tribunals of Granada.