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Backup

Contract of general conditions of use of the Remote Backup service

CONTRACTING PARTS

This contract is signed through the website www.profesionalhosting.com, on the one hand, the mercantile company Soluciones Web On Line, SL with address in Roquetas de Mar (Almería), Calle Hermanos machado 19, provided with CIF nº B -04437729, registered in the Mercantile Registry of Almería (hereinafter PROFESSIONALHOSTING).

And on the other hand, the CLIENT, whose data provides us through the forms that Profesional Hosting or any other means makes available to you through this web page, to proceed with the contracting of the service freely chosen and specified in the present Web page. The CLIENT declares that the information provided is true, truthful, current and that he provides it himself.

CLAUSES

FIRST.- OBJECT

The purpose of this contract is to regulate the conditions under which the client accesses the backup product called Remote Backup, which profesionalhosting.com offers its clients, as well as to set the conditions and form of remuneration of the client to profesionalhosting.com .

Other features, services, applications or options may be offered by profesionalhosting.com to the client through other contracts or in commercial communications as well as by the provisions of the web www.profesionalhosting.com.

SECOND.- PRODUCT CHARACTERISTICS Remote Backup

2.1 Remote Backup is a product offered by profesionalhosting.com , for remote safeguarding of those contents of the client's computer equipment, which he decides to keep. The data will be stored in the servers of profesionalhosting.com . In the basic backup service, the client will be provided only the data of the ftp server where the backup will be stored, in the backup service plus the data of the ftp server where the backup will be stored, a backup client application and instructions will be provided. of use.

2.2 In the backup plus mode, it is essential that the client previously downloads the remote Backup client software on their terminal. The client must take into account the compatibility of the downloaded software with the computer platform with which it operates.

2.3 When you install the program, it asks you for an encryption password. The data is encrypted by the client, with a key known only to him, on his local server and is sent and stored encrypted on the servers of profesionalhosting.com . In order to recover his backups, the client must also indicate his encryption password.

In such a way that if the client loses said password, neither he nor profesionalhosting.com will be able to recover the information.

2.4 The client can make scheduled or manual backup copies of any file that is hosted on his local computer. It is recommended that the first data backup that is carried out be complete. The rest of the backups will be incremental, so only those files that have been modified with respect to the previous version will be saved.

2.5 The client may, at any time, delete those files that are part of the backup made and that they do not wish to keep.

2.6 For those clients who request it, profesionalhosting.com can make the recording on a CD, of the saved information, upon request and payment of the applicable rate, published on the web page of profesionalhosting.com .

2.7 Each mode of the Remote Backup product includes a predetermined number of users, and the client can expand them by contracting extra users.

The client can register as many users as he wishes and distribute the available space among them, as well as delete them. Every time you register a new user, you only have to enter the name and password, and the rest of the data is assigned automatically.

2.8 The technical characteristics of the product as well as the price to be paid for it is, at all times, clearly determined at www.profesionalhosting.com. In any case, the resources and applications available to the product will be those that are published on the web at any time, www.profesionalhosting.com.

2.9 The modifications suffered in the product will be governed by the provisions of this contract in clause 14.

In any case, any change that affects the Remote Backup product or that affects the provisions of this contract will be understood to be notified, with the publication of said changes on the website of profesionalhosting.com .

THIRD.- CHANGE OF PLANS

 3.1 The client who has contracted the Remote Backup product with profesionalhosting.com can change to another modality of the same, either with features, resources and applications superior to the one already available or inferior.

3.2 The change will be made from the Client Area.

3.3 Once a change has been made in the mode of the Remote Backup product, another change of mode cannot be requested within a period of 30 days, counting from the last change.

3.4 If the change is made to a modality with greater disk space or a greater number of users, a credit will be generated for the amount paid and not consumed, which will be credited in the next invoice issued to the client.

Both the change to a modality with less disk space, as well as with a smaller number of users, does not generate the right to any refund, as it is understood that the plan initially contracted has been canceled prior to its termination, unless this change occurred during the period of guarantee referred to in clause 4.13 of this contract.

FOURTH.- PRICE AND METHOD OF PAYMENT

4.1 Registration in the professionalhosting.com Remote Backup product is free.

This free period will not apply to extensions or additional services contracted for it.

4.2 Due to the availability of this product, the client must pay in advance to profesionalhosting.com the price of the chosen Remote Backup product, determined on the web page of profesionalhosting.com .

In any case, the client, or whoever appears as such on the file, is responsible for paying the invoices even when a third party intervenes on behalf of the client, so the responsibility for providing the authentication data to a third party is solely and exclusively the client's.

4.3 The amounts mentioned in www.profesionalhosting.com are subject to the taxes that correspond to them.

4.4 The client will be able to control at all times, from the control panel, the space occupied by their backup copies. If you want to increase this space, you will need to upgrade to another higher mode of the Remote Backup product.

4.5 Form of payment: The payment of the Remote Backup product is monthly or annual, at the client's choice.

4.6 Payment is made in advance through direct debit to the current account owned by the client whose data is provided in the contracting form.

4.7 profesionalhosting.com will issue the corresponding invoice detailing all the concepts that make up said invoice.

4.8 profesionalhosting.com sends its invoices electronically with full legal validity since it uses the class 2 CA certificate, accepted by the AEAT, of the National Currency and Stamp Factory, complying with current regulations on this matter and, therefore, thus, guaranteeing the authenticity of the origin and the integrity of the content.

4.9 For each bank refund that occurs for reasons attributable to the client, profesionalhosting.com will charge an additional fee of 6.01 euros.

4.10. Profesionalhosting.com reserves the right to temporarily suspend the service provided in the event of any incident experienced in the collection of the product and/or due to non-payment until its resolution. If the client does not proceed with the payment after the prior notice of the temporary suspension, the product will be permanently withdrawn due to breach of the contract on his part.

Failure to pay for extensions and/or additional services, that is, those not included in the price of the standard product, will cause the main service to be interrupted.

In the case of deactivation of the product due to non-payment, all the copies made will be lost. If this product is contracted again, all data must be safeguarded again.

4.11 The amount of the prices stipulated on the web www.profesionalhosting.com attached to this contract may be subject to review by profesionalhosting.com . Without prejudice to the provisions of clause 14 of this contract for changes in the stipulated prices, the provisions of the paragraph below will be followed.

If professionalhosting.com carried out a change in the prices of the product, the clients will be notified of such modification before they are affected by the variation in the next invoice that is issued to them, so that if they do not agree in accepting said change, exercise the right to terminate this contract without the need to pay any additional amount to profesionalhosting.com while keeping your fee paid. At the end of the advance payment term, the contract will be terminated and, therefore, your service will be terminated if you continue to not accept the new price.

4.12 The client will have a period of thirty (30) calendar days from the date on which this product is contracted, to terminate this contract without incurring any penalty or expense, this guarantee period will not apply to contract renewals. .

After the exercise of this right, profesionalhosting.com will reimburse the customer the amount paid for the provision of the service.

Outside the warranty period referred to in this section, the customer is not entitled to any refund for the voluntary and early termination of the contracted service, with the exception established in clause 3.4 of this contract.

FIFTH.- ENTRY INTO FORCE, DURATION AND EXTENSION

5.1 This contract will enter into force on the same day of its formalization, that is to say at the moment that the client has the possibility of accessing the use of the product, downloading the necessary program, receiving the login and password, in addition to the justification in writing. via e-mail of said contract.

5.2 The contract will have a monthly or annual duration counted from the formalization of the contract.

5.3 Without prejudice to the duration established in the previous clause, the contract will be tacitly extended with the payment of the following invoice and will not be considered terminated as long as the client does not express his/her withdrawal through any of the forms recognized in section 5.5.

In each renewal, no copy of the contract will be sent, always understanding the one published on the web www.profesionalhosting.com/contratos/backup.html that includes the most current version.

5.4 The resources and applications used by the contracted Remote Backup product can be activated or deactivated at any time while the product is active and up to date with the payment; However, if a resource or application has an extra monthly cost, the fact of deactivating it before the end of the month paid in advance does not imply the return of the proportional part not consumed.

5.5 If the client requests the withdrawal from the contact section of the Client Area, it will take place on the day indicated by the client to be effective, provided that it is done with enough time to manage it. However, if the cancellation is made personally by the customer from the Customer Area itself, it will occur automatically, on the same day it is processed. Therefore, the client is warned that he must observe this circumstance so as not to lose the content that he had hosted on the server.

5.6 All the contents that have been safeguarded will be lost, with no option for recovery:

a) Whenever the Remote Backup product is unsubscribed from the Client Area. In this case the loss will be total, for all users.

b) When a certain user is unsubscribed from the control panel. Here, the loss will be exclusive of the contents saved by that user.

SIXTH.- OBLIGATIONS AND RESPONSIBILITIES OF profesionalhosting.com

6.1 In its relations with the client, professionalhosting.com must act with due diligence in the use of its commercial activity, loyally and in good faith. professionalhosting.com undertakes to offer optimal services with all the means at its disposal, striving so that the service offered can be developed 24 hours a day, 7 days a week in the safest way possible, except for incidents that occur occur outside the control of profesionalhosting.com .

In this sense , profesionalhosting.com reserves the right to interrupt the contracted service based on technical repairs and equipment maintenance, as well as for the improvement of the services themselves.

profesionalhosting.com is not responsible for what is exclusively attributable to the client.

6.2 profesionalhosting.com cannot guarantee that the availability of the Remote Backup product is continuous and uninterrupted during the term of the contract, due to the possibility of problems in the Internet network, breakdowns in the server equipment and other possible unforeseeable contingencies.

The client agrees to bear within reasonable limits risks and imperfections or unavailability of the servers, the programs used are technically complex and may not have been previously tested on all the possibilities that exist for use.

6.3 Therefore, the client expressly waives to claim any responsibility, contractual or non-contractual, damages to profesionalhosting.com for possible failures, slowness or errors in the access and use of the contracted product.

6.4 Notwithstanding the foregoing, if profesionalhosting.com fails to comply with the commitments assumed in this contract by providing an inefficient service for an uninterrupted period of more than 24 hours, the responsibility of profesionalhosting.com will be limited to the return of the money charged for the service during said interruption period.

6.5 In no case professionalhosting.com accepts responsibilities arising from data loss, business interruption or any other damage caused by the operation of the service for not meeting the customer's expectations.

6.6 The access and use of the service is the exclusive responsibility of the client, in such a way that profesionalhosting.com is not responsible in any way (neither direct nor subsidiary) for any direct or indirect damage that the client could cause to third parties.

6.7 profesionalhosting.com is exonerated from all responsibility for the consequences that the lack of operability of the client's e-mail address or not communicating the change of address may produce, as well as for the misinformation alleged by the client due to their own negligence when keeping this data active.

6.8 professionalhosting.com is not responsible:

· From contamination by viruses on their equipment, whose protection is incumbent on the client.
· Of the intrusions of third parties in the service of the client although professionalhosting.com has established reasonable measures of protection.
· Of the faulty configuration on the part of the client.
· Of the deterioration of the equipment (customer terminals) or misuse (customer responsibility). · Loss of the encryption key by the client.

SEVENTH.- OBLIGATIONS AND RESPONSIBILITY OF THE CLIENT

7.1 The client must comply with all the terms and conditions of this contract in the exercise of their professional activity, and must also act loyally and in good faith.

7.2 The client must pay the agreed remuneration, as stated in clause 4 of this contract.

7.3 Conditions of use of the service: The use of the service in a manner contrary to good faith and, in particular, in a non-exhaustive manner is prohibited:

· The use that is contrary to Spanish law or that infringes the rights of third parties.
· The cracks, serial numbers of programs or any other content that violates the intellectual property rights of third parties.
· The collection and/or use of personal data of other users without their express consent or contravening the provisions of Organic Law 15/1999, of December 13, on the Protection of Personal Data.

7.4 By contracting this service, the client undertakes to maintain the e-mail address provided in the contracting form for communications with profesionalhosting.com operative, active and updated , since it constitutes the preferred means of communication of profesionalhosting.com for the agile and fluid management in the provision of the requested service as a result of the contractual relationship that unites us through this contract.

If the client wants to change the e-mail address provided in the contract form as a contact address, they must do so through the Client Area, with the authentication measures of said request, so that at no time is the communication between both contracting parties.

profesionalhosting.com is exonerated from all responsibility for the consequences that the lack of operability of the client's e-mail address and/or the lack of communication that the non-updated change of address may produce, as well as for the misinformation alleged by the client due to their own negligence in keeping this information active.

7.5 The client acknowledges having tested the product with his needs and that he has been properly informed by professionalhosting.com .

7.6 The client is solely responsible for the use and conservation of the login and password of the control panel for access via the Web and the Client Area, since they are the necessary identifiers for access to these tools and that allow professionalhosting.com to be contrasted. the authentication of the client's access and facilitating the permission to the actions that are requested from these tools. The use of these identifiers and communication, including to third parties, occurs under the sole responsibility of the client.

The client has the obligation to keep the encryption key, without which it is not possible to recover the backup copies made, neither by him nor by profesionalhosting.com .

7.7 The client is fully responsible for the content of the backup copies made, for the claims of third parties and for the legal actions that may be triggered in all references to intellectual property, 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 service, electronic commerce, copyright, maintenance of public order, as well as universal principles of internet use.

7.8 The client will indemnify professionalhosting.com for the expenses that it had to attribute to him in any cause whose responsibility was attributable to the client, including fees and expenses of the lawyers of profesionalhosting.com , even in the case of a non-final judicial decision.

7.9 The client is prohibited from accessing, modifying, viewing the configuration, structure and files of the profesionalhosting.com servers . Any problem that could occur in the servers and security systems of profesionalhosting.com as a direct consequence of negligent action by the client, the client will be liable for the civil and criminal liability that may correspond.

7.10 Due to the shared hosting of backup copies, the client must develop and/or manage it respecting the technical standards provided by profesionalhosting.com . In such a way that if profesionalhosting.com warns, detects and/or checks in its maintenance tasks an abusive use of the service due to excessive consumption of memory, CPU or any other alteration that slows down the server in which it is located, in such a way that it harms or leads to an impairment in the provision of the service or the rights of the clients or third parties that share the server with the client, reserves the right to suspend, totally or partially, the service.

To this effect, profesionalhosting.com will carry out a temporary suspension of the service. This circumstance will be notified to the client so that he proceeds to solve said alteration, and if once the service is restarted, such circumstance is repeated continuously or in bad faith, the service will be terminated without the right to a refund of any amount, for consider an abusive use of the contracted service.

7.11 The client, with the acceptance of this contract, expressly consents to the sending of invoices related to the provision of the contracted service through telematic means, as indicated by current regulations on this matter.

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.

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

NINTH.- TERMINATION

9.1 The contract will end when, in addition to the legally established causes and those set forth in the different clauses of this contract, any of the following occurs:

a) Mutual agreement of the parties.
b) Completion of the initial period of duration or successive extensions.
c) Termination for breach of any of the parties of the obligations arising from the contract.
d) When any of the parties is in bankruptcy or suspension of payments.

9.2 If the breach of the client was the cause of the termination of the contract, as established in clause 9.1.c), professionalhosting.com reserves the right to terminate this contract in advance and, therefore, to dispossess the client of the contracted service without prior notice and without the client having the right to compensation or a refund of any amount.

9.3 In case of resolution or rescission of the contract, due to the aforementioned causes or any other admitted in law, the client must fulfill the obligations assumed prior to the resolution of the contract against professionalhosting.com and against third parties.

TENTH.- INTELLECTUAL PROPERTY

10.1 profesionalhosting.com is the owner of the copyright, trademarks, intellectual property rights, know-how and any other rights related to the contracted service, as well as the computer programs necessary for its implementation and the information it obtains on it, with the exception established in section 2 of this clause.

The client must respect the use programs of third parties placed at his disposal by profesionalhosting.com even if they were free, of which profesionalhosting.com has the necessary exploitation rights.

The client, by virtue of this contract, does not acquire absolutely any right or license regarding the Remote Backup product, the computer programs necessary for the provision of the service or the technical information for monitoring the service, except for the rights and licenses necessary for the fulfillment of this contract and only for the duration of the same.

For any action that exceeds the fulfillment of this contract, you will need written authorization from professionalhosting.com .

10.2 The client acknowledges the ownership of NovaStor Corporation with respect to all the intellectual property rights that it holds over the Client Backup software (NovaNet-WEB Backup). In order to enjoy the service, the customer must accept the terms of the software license when installing it. Said license shall be non-exclusive and non-transferable.

ELEVENTH.- CONFIDENTIALITY

11.1. All information or documentation that any of the parties provides to the other in the development and execution of this contract will be considered confidential and exclusive to the person who provides it and may not be communicated to third parties without their consent.

11.2 The parties agree to treat this Agreement as confidential, committing themselves not to reveal to third parties any of the points that make up its content without the express consent of both parties.

11.3 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 has to be disclosed in accordance with the laws or with a judicial resolution or imperative act of competent authority and that which is obtained by a third party that is not under any obligation of confidentiality.

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

11.5 Neither party will acquire any rights to any confidential information or other proprietary rights of the other party as a result of this agreement.

TWELFTH.- PERSONAL DATA PROTECTION POLICY.

12.1 profesionalhosting.com , observing current regulations on the protection of personal data, informs that the personal data collected through the web forms are included in the specific automated files of the company's clients.

The collection and automated processing of Personal Data is intended to maintain the contractual relationship that may be established with INTERNET, SL, as well as the performance of service management tasks, collection, in the execution of this contract, and for the performance of information, training, marketing tasks (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 for the sole purpose of fulfilling the aforementioned purpose.

12.2 profesionalhosting.com 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.

12.3 The interested party may at any time exercise the rights of access, opposition, rectification and cancellation recognized in the aforementioned LOPD. The exercise of these rights can be done by the contracting party through the Client Area system created by profesionalhosting.com , with a personal client login and password for access, you can request more information at the following address: [email protected]

12.4 In those cases in which the LOPD requires it, according to its article 12.2, profesionalhosting.com will act as the person 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 others people, even if it is for its conservation, unless expressly requested by the client.

Before any indication by the person in charge of the file, for the implementation of special security measures on the server, it will be necessary to contact profesionalhosting.com to regulate the new conditions if necessary, not being, therefore, subject to this contract.

12.5 profesionalhosting.com is not responsible for the breach by the client of the LOPD in the part that corresponds to their 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.

12.6 The client declares that all the data provided by him are true and correct, he undertakes to keep them true, communicating it to profesionalhosting.com . The client will be responsible for the veracity of their data and will be solely responsible for any conflicts or litigation that may result from the falsity of the same.

12.7 Protection of personal data and Treatment Manager

You can get more information about your personal data protection rights at:  https://www.profesionalhosting.com/contratos/privacidad.html

In the cases in which Profesional Hosting acts as Treatment Manager for a Responsible, the rights and obligations of the parties are regulated in the contractual Annex available for download in the contracts section of the web https://www.profesionalhosting.com /contratos/contrato-enchargedo-tratamiento-version-web.html , under the heading Contract for Treatment Manager , as well as in the client's administration panel. THIRTEENTH.- ASSIGNMENT

The client may not transfer rights and obligations arising from this contract to third parties without the prior written consent of profesionalhosting.com except for those services that have among their characteristics the possibility of activating multiple users and will be transferred adjusting it to the guidelines and philosophy of the service .

FOURTEENTH.- MODIFICATIONS

14.1 profesionalhosting.com reserves the right to modify, in any way, the characteristics and conditions of its products, always in development and benefit of the service itself. To do this, you must not comply with any formality other than informing the client with an online notice and/or taking this modification to the clauses of the contract and/or sending it by email.

Without prejudice to the provisions of the previous section, profesionalhosting.com will communicate these modifications in writing in the shortest time possible for their adaptation by the client.

The client, once the modification has been communicated by profesionalhosting.com , has a period of 7 days, from receipt of said communication, to terminate the contract if he does not agree with the new circumstances, after this period without communication to the contrary of the The client will be understood to accept the new conditions.

14.2 If as a consequence of the constant R&D development of profesionalhosting.com , as well as the technical and technological advances that occur in the services of the information society, changes are produced in the products, other services and management systems, administration (eg new forms of secure payment in the network) of profesionalhosting.com , for the adaptation to these advances it will proceed, if it is considered convenient by profesionalhosting.com , to make the modifications that are necessary for the adaptation to said progress.

In these cases, profesionalhosting.com 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, they can consider this contract resolved, respecting in any case the provisions of clause 9.3.

profesionalhosting.com , acting diligently and in good faith in the field of the market of its commercial activity, will carry out these modifications whenever they suppose a benefit not only of the development of new technologies, but also of the operation of the company and even of the service offered in this contract in a way that does not imply a detriment to the clients as a whole.

In case of conflict between the damage to a reduced number of clients and the development of profesionalhosting.com and/or the adaptation to the technical and technological advances of the services of the information society, the benefit of the majority of clients will be served. in this adaptation and the progress of profesionalhosting.com in the field of new technologies.

FIFTEENTH.- LIMITATION OF WARRANTY AND LIABILITY

15.1 In no case profesionalhosting.com , nor the managers and senior positions, administrators, shareholders, agents or employees dependent on it will incur any responsibility for cause directly or indirectly related to the use made by the client of the profesionalhosting.com service .

15.2 The parties acknowledge that the entry into force of this contract does not imply any type of representation, delegation, guarantee or other agreements other than those expressly described in this contract; and accordingly, all terms, conditions, guarantees or other aspects implied by agreements or general regulations, are explicitly excluded up to the limits permitted by law.

SIXTEENTH.- NULLITY

If any stipulation of this contract is declared null or void, in whole or in part, by any court or competent authority, the remaining stipulations will remain valid, unless the parties discretionally decide to terminate the contract.

SEVENTEENTH.- APPLICABLE LEGISLATION AND COMPETENT COURTS

17.1 In matters not provided for in this contract, as well as in the interpretation and resolution of conflicts that may arise between the parties as a result of it, Spanish legislation will apply.

17.2 If any conflict or difference arises between the parties in the interpretation and execution of this contract, and it is not resolved by mutual agreement, it will be resolved at the request of either party and after communication in writing to the other, through arbitration in the Court of Arbitration of the Chamber of Commerce and Industry of Almería, the arbitration will be held in Almería. In the event that the conflict is raised by a consumer, in accordance with Law 26/1984, of July 19, General for the Defense of Consumers and Users, the arbitration will be processed before the Consumer Arbitration Board of the Autonomous Community of client's residence.

Each party will bear its own expenses in connection with the arbitration, although the indemnity and expenses of the arbitrators will be borne in the manner established by the arbitration decision.

17.3 All of the above will be understood without prejudice to the fact that the parties may submit to a judicial procedure, in this case it will be done before the jurisdiction and competence of the Courts and Tribunals of Almería, expressly renouncing their own jurisdiction in the cases that the procedural rules allow it, if it is another.

17.4 If reasonably possible, performance of this Agreement will continue during the course of any dispute and/or arbitration or court proceeding. If any stipulation of this contract is declared null or void, in whole or in part, by any court or competent authority, the remaining stipulations will remain valid, unless the parties discretionally decide to terminate the contract.

Note: All prices of services related to the contract do not include VAT.

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