General Contracting Conditions for radio and video
streaming services
This agreement regulates the general contracting
conditions for the various services provided on this website, and specified in the
annexes to this contract, through its website www.profesionalhosting.com, so that the
user, in the When you complete the registration process and contract a service through
this website, you accept and expressly submit to the clauses specified below.
CONTRACTING PARTS
This contract is signed through the website
www.profesionalhosting.com, on the one hand, the company Soluciones Web On Line, SL with
address in Roquetas de Mar (Almería), Calle Andarax, nº 25, provided with CIF nº
B-04437729, registered in the Mercantile Registry of Almería (hereinafter PROFESSIONAL
HOSTING).
And on the other hand, the CLIENT, whose data
provides us through the forms or email that Profesional Hosting makes available to you
through this web page, to proceed with the contracting of the service freely chosen and
specified in the annex of this contract.
The CLIENT declares that the information provided is
true, truthful, current and that he provides it himself.
CLAUSES
FIRST.- Definitions:
Profesional Hosting.com:
duly constituted company, dedicated to the provision
of telematic services, specialized basically in the hosting of web pages and
registration of domain names, and that complies with all the legal requirements
necessary to carry out the activity that is the object of this contract.
Client:
all that natural or legal person interested in
contracting the services of Profesional Hosting, completes the contracting form to
obtain a service offered by PROFESIONAL HOSTING through its url
www.profesionalhosting.com and that appears as one of the contracting parties.
Contract:
These are the general contracting conditions that
contain all the clauses contained in this document, as well as any additional
information that about the particular service of streaming radio and video servers,
chosen by the client, is expressly collected in an updated manner in the url
www.professionalhosting.com
Domain name:
set of characters that identifies a site on the
Internet network with an address (IP).
IP (Internet Protocol):
set of rules that regulate the transmission of data
through the network.
Services:
Services offered on this website, and specified in
the annex to this contract.
Hosting:
Shared space on the servers managed by PROFESSIONAL
HOSTING where the domain name of the client is located, to which the resources and
applications of the services offered by Profesional Hosting are managed and which are
included in this contract.
Servers:
Computer devices where the data and information
managed by the CLIENT through its website are hosted and stored through the hosting
service offered by Profesional Hosting.
Radio servers:
Computer devices used to broadcast live and deferred
radio via the Internet.
Video servers:
Computer devices used to broadcast live and recorded
video via the Internet.
Shared hosting:
The hosting services described in this contract are
offered through the shared hosting system on Profesional Hosting servers, that is,
various web pages from different clients are hosted on the same server.
Resources and Applications:
Technical and computer programming characteristics
that allow managing the different services that the CLIENT contracts.
Login and password:
Computer security systems that allow the CUSTOMER to
be identified, authenticated and verified, for access to contract services in a secure,
reliable manner.
SECOND.- Purpose:
The purpose of this agreement is the contracting and
acceptance by the CLIENT of the Internet service or services offered on this website by
Profesional Hosting, and chosen by the CLIENT, and indicated below and specified in the
annex to this contract, in accordance with the terms and conditions contained in the
clauses and Annexes of this document.
Services:
1. Streaming servers.
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radio servers
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video servers.
THIRD.- Price, conditions and forms of payment:
Price:
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In consideration for the contracted services, the
CLIENT expressly agrees to pay Profesional Hosting, the amounts specified at that
time in the price list established on the website
www.profesionalhosting.com
for the corresponding requested service, plus
the Value Added Tax (VAT) corresponding.
Conditions:
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The payment must always be prior to the provision
of the service, for which Profesional Hosting will not provide the requested
service until the moment in which it has received the payment thereof.
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Requests for services made through transfers,
which are not paid within 30 days, will be cancelled.
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PROFESIONAL HOSTING reserves the right to
temporarily cancel the services provided, in the event of any incident in terms of
collection thereof, until the resolution of the problem, regardless of whether it is
not attributable to the CLIENT.
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In the event that the CLIENT exceeds the monthly
amount of contracted data transfer, he must pay Profesional Hosting the amount
indicated on the page
www.profesionalhosting.com
for the excess of data transfer with respect to
the contracted service.
Way to pay:
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The payment in compensation for the services will
be indicated at the time of contracting on the website.
Prices do not include VAT, which will be added to
the stipulated price.
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The payment of the added services, if any, will
be billed apart from the price of the chosen service, and will be paid monthly.
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The payment of the services will always be paid
in advance, through bank transfer to the account that will be indicated if you
choose this option, by charging the credit card provided by the CLIENT, and certain
services may be paid by bank receipt. .
The conditions will be those indicated when this
payment method is chosen.
The bank refund for reasons attributable to the
CLIENT, will imply the payment of the expenses charged by the bank.
FOURTH.- Start, duration, renewals and change of
plans
Start:
This contract will be perfected when PROFESSIONAL
HOSTING receives payment for the service selected by the CLIENT, at which time the
provision of the requested service will begin, which will be confirmed by means of email
at the address indicated by the CLIENT, within the period of 48 hours from the
confirmation of the payment of the contracted services.
Duration:
The contract will have the duration that the client
contracts, with a minimum duration for some services.
Renewal:
The contract will be tacitly renewed for the same
periods as those contemplated in this agreement, unless the CLIENT expresses in writing
15 days before the end of its intention not to extend it.
Failure to pay for the service will not be considered
cancellation of the service, to cancel the service you must notify it via email to
[email protected]
15 days prior to the renewal date.
The renewal will be effective at the time that
Profesional Hosting receives payment for the renewed service.
The price and payment terms for the renewal will be
governed in the same manner and conditions as those specified in this contract.
However, PROFESIONAL HOSTING reserves the right to
modify the rates stipulated in this contract, a circumstance that will be communicated
to the CLIENT at least 30 days in advance, with the aim that if he wishes to be able to
resolve this agreement at the end of it .
Extensions:
The CUSTOMER may request Profesional Hosting to
hire new services or changes to those that have been contracted, these being subject to
the provisions regulated in this contract and will be invoiced in accordance with the
prices stipulated on the website www.profesionalhosting. com for the requested service.
Extensions or changes of services may be requested at
the address
[email protected]
or by phone/fax +34 950 62 70 23.
Cancellations:
In the event that the CLIENT cancels the contracted
service in advance, he will not be entitled to a refund of the amount paid.
You will only be entitled to a credit for the amount
of the unused service, in the event that you make any extension or change with respect
to the contracted service of greater amount, in which case it will be deducted from the
price of the new service.
FIFTH.- Modifications
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PROFESIONAL HOSTING reserves the right to modify
in any way the characteristics and conditions of its services, always with the aim
of improving them and that supposes a benefit for the CLIENT.
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Profesional Hosting, will communicate to the
CLIENT any modification or change of its services, reserving the CLIENT the
possibility of rescinding the contract, within a period of 15 days from the
communication, if it were not in agreement with the changes that are going to be
made.
After the stipulated term, Profesional Hosting
will understand that you accept the changes.
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In the event that the CLIENT is not in agreement
with the modifications communicated by Profesional Hosting and decides to rescind
the contract, he must comply with the obligations assumed prior to the resolution.
SIXTH.- Obligations of Profesional Hosting
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Provide the contracted services under its sole
responsibility and with the utmost diligence, complying with the conditions and
technical specifications contained in this document and its annexes.
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Take care of the maintenance of the facilities
necessary for the operation of the network, for which it has adequate technical and
computer equipment.
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Additional services such as the acquisition of
domain names, or any that may be agreed upon by both parties, will be specified
differently in separate proposals and will require mutual acceptance.
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Deliver to the CLIENT all the technical and
functional information necessary for the development of the hosting of the
contracted web page.
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By virtue of the provisions of Law 34/2002 on
Services of the Information Society and Electronic Commerce, referring to the duty
of collaboration with the competent bodies, the contracted service will be suspended
when requested by the judicial or administrative body that will do so. formally
apply.
Likewise, if Profesional Hosting is aware that
illicit actions are being committed or that violate the rights of third parties, it
will interrupt the service, and will notify the competent authorities.
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In compliance with Law 34/2002 (LSSICE), it will
retain for 12 months (when the conditions are regulated) all the data necessary to
detect the origin of the data hosted and at the time the provision of the service
began, which as a hosting service provider host on their servers.
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Comply with all the obligations arising from this
contract.
SEVENTH.- Obligations of the CLIENT
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Comply with all the obligations arising from this
contract, especially those related to the price and stipulated payment conditions.
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The Client will guarantee that he has the
copyright to use the brands, audios, videos, songs and any other content that he
transmits through the servers of ProfesionalHosting, whether live or deferred.
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Use the contracted service in good faith, without
violating the laws in force in any matter or infringing the rights of third parties.
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Properly maintain the computer devices necessary
to guarantee efficient use of the service provided, exonerating Profesional Hosting
from any responsibility regarding the performance of the CLIENT's computer
equipment.
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Make good use of the connections, committing to
avoid any type of action that could damage the systems, equipment or services
accessible directly or indirectly by Profesional Hosting.
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Take responsibility for the content broadcast on
your radio or video server.
The CLIENT is solely responsible for the claims
of third parties regarding their radio or video server, and for all legal actions
that may result from the publication and use of their website, leaving PROFESSIONAL
HOSTING exonerated from any liability.
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The CLIENT will indemnify Profesional Hosting,
for the expenses that would result from any imputation whose responsibility was
attributable to the CLIENT, including the fees and expenses of the lawyers, even in
the event of a non-final judicial resolution.
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Do not access, modify, view the configuration,
structure and files of Profesional Hosting servers.
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The client must provide PROFESIONALHOSTING with
their true data and keep them updated, either from the forms that exist on the
website or from email and fax.
EIGHTH.- Intellectual Property
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PROFESIONAL HOSTING is the owner of all
Intellectual Property Rights, own or legally acquired third parties, on the
software, operating manuals, associated documentation, procedures and any other
right related to the services contracted, supplied or made available to the CLIENT.
This does not acquire any right, except for the
rights and licenses essential for the fulfillment of this agreement and only during
its term.
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The CUSTOMER agrees to indemnify PROFESSIONAL
HOSTING for any claim, in cases where the infringement is motivated by the use of
equipment or software by the CUSTOMER in conjunction with another device or software
not provided by Profesional Hosting.
NINTH.- Confidentiality and Protection of personal
data
Confidentiality:
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All the information that the parties transmit
during the execution of this contract is confidential.
Both parties undertake to keep said information
as such, adopting all the appropriate measures necessary to guarantee that only
those authorized persons will have access to said information to carry out the
contracted activity.
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Confidential information, including the content
of this contract, may not be disclosed to outside third parties neither during the
term of this contract nor at the end of it for a period of two years.
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Any information that, due to its characteristics,
does not have such consideration is excluded from the obligation of confidentiality.
Personal data protection:
· By contracting the service you accept our general
conditions of data protection and privacy.
Which you can consult in detail at the following
address:
http://www.profesionalhosting.com/contratos/privacidad.html
· PROFESIONALHOSTING as responsible for your files,
informs you that by virtue of the Organic Law 15/1999 regulating the Protection of
Personal Data, it will treat all your personal data that you provide us with the utmost
confidentiality, and that it will incorporate them into a file called
"PROFESIONALHOSTING_CLIENTES" in order to provide the contracted services, invoice them
and inform you of the company's commercial news.
You have the right at any time to access, rectify,
cancel and oppose your personal data in our databases.
To do this, you can inform us of the right you wish
to exercise in writing or in person at our office in Roquetas de Mar (Almería), Calle
Andarax, nº 25, or by email
[email protected]
, stating:
or Name and surnames.
o Petition specifying the request.
o Address for the purpose of notifications or email.
o Date and signature.
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PROFESIONAL HOSTING., will not apply or use the
personal data provided for a purpose other than that which appears in this contract,
nor will it be communicated or transferred to other people, without the prior
written authorization of the CLIENT, except in the case of communication of your
data personal information to the authorized bodies for Internet domain registration
(
Icann
, Enom,
Nic.es
and Registrar.eu) in order to carry out the
requested domain name registration, and appear in the Whois database that they
regulate these organizations and where all the owners of the currently registered
domains are listed, only in this case the CLIENT expressly authorizes said
communication of their personal data.
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In the event that the client lodges in
the servers of PROFESIONAL HOSTING files that contain data of a personal
nature:
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The CLIENT acknowledges that for
the provision of the contracted service it implies providing certain
personal data of third parties to Profesional Hosting, which from
now on will be in charge of processing said data.
For these purposes and in
accordance with the LOPD, the client expressly authorizes
PROFESIONAL HOSTING to subcontract INTERXION-EASYNET as a company
that provides PROFESIONAL HOSTING with the DATA CENTER service
(where the PH server hardware is located and maintained) that It is
located in Spain, so it does not cause any international data
transfer.
Therefore, the CLIENT authorizes
you to access and process the personal data provided, solely and
exclusively for the purpose of carrying out the aforementioned
service and in accordance with the instructions indicated by the
CLIENT,
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Once the contractual provision
has been fulfilled, the personal data will be returned or destroyed
to the person responsible for the file, as well as any support or
documents that contain any personal data subject to treatment.
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However, the CLIENT is therefore
the only person responsible for the data that it hosts or can obtain
through the hosting services or other services that it has
contracted in PROFESIONALHOSTING and therefore it is the CLIENT who
must comply with current legislation by notifying the Protection
Agency of Data the corresponding files and, in general, to comply
with the obligations that this legislation marks in relation to the
personal data that it hosts.
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Both parties are exempt from any
liability arising from the breach of one of the parties with respect
to Spanish regulations on the protection of personal data, related
to the execution of this contract.
TENTH.- Limitations of Liability
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PROFESIONAL HOSTING does not guarantee that the
availability of the service object of this contract will be continuous and
uninterrupted, due to circumstances caused by problems in the Internet network,
breakdowns in computer devices and other unforeseeable circumstances.
In such a way that the CLIENT agrees to support
these circumstances within reasonable limits, for which he expressly waives to claim
Profesional Hosting any contractual or non-contractual responsibility for possible
failures, errors and use of the contracted service.
However, if Profesional Hosting due to these
circumstances, fails to comply with the commitments assumed in this contract for a
space greater than 3 hours,
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Profesional Hosting is not responsible for the
loss or deletion of data.
In the event that the client has hosted files
with personal data and even so has notified PROFESIONAL HOSTING, the client will be
solely responsible for making the regulatory backup copies to comply with the LPDO
and under no circumstances may require PROFESIONALHOSTING no responsibility derived
from the failure or non-performance of the same.
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The CLIENT assumes all the responsibility derived
from the use of the radio or video server hosted on the Profesional Hosting
servers, being solely responsible for any direct or indirect effect that is derived
on the radio or video server, including, by way of example and not limiting, any
adverse economic, technical and/or legal result, forcing the CLIENT to keep
Profesional Hosting harmless for any claims derived, directly or indirectly, from
such facts.
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In no case, Profesional Hosting will be
responsible for the loss of data, whatever its origin, interruption of commercial
activities or any damage derived from the operation of the services, or the
expectations generated to the CLIENT.
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Profesional Hosting is not responsible for the
following circumstances:
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The contents of the CUSTOMER's website
hosted on Profesional Hosting servers.
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The contents broadcast live or deferred
by the CLIENT on their radio or video server.
The CLIENT must strictly comply with
current laws and will be solely responsible for a claim for copyright
violation.
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Of the possible errors caused by Internet
access providers.
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Virus infection in the CUSTOMER's
equipment, which must be protected by itself.
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Of acts of computer hacking in the
service provided to the CLIENT, despite the fact that Profesional Hosting
has reasonable measures to avoid them.
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The deterioration, malfunction, or misuse
of the CLIENT's computer equipment and applications.
ELEVENTH.- Communications
All notifications between the parties will be made
via email.
The CUSTOMER is responsible for confirming the
receipt of notifications and for informing Profesional Hosting of any changes to their
data, leaving Profesional Hosting exempt from any liability arising from this
circumstance.
In case of modification, the CLIENT must put it in
knowledge of Profesional Hosting in the e-mail or telephone numbers indicated in this
contract.
Both parties undertake to keep all the relevant
documentation exchanged by whatever means, as proof of the transactions carried out.
TWELFTH.- Assignment
The parties may not assign the rights and obligations
arising from this contract to third parties, without the prior written consent of the
other party.
Any transfer of this contract that is made without
the consent of the other party, will be deemed not made, with both parties continuing as
holders of the rights and obligations assumed in this agreement.
THIRTEENTH.- Causes of dissolution of the contract
and Integrity of the contract
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This contract will be terminated for the general
reasons established in Spanish law, and for non-compliance with the obligations
arising from this agreement.
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Each of the clauses of this contract must be
interpreted separately and independently of the others.
If any of them becomes invalid, illegal or
unenforceable by virtue of any legal norm or is declared null or ineffective by any
court or administrative authority, the nullity or ineffectiveness of the same will
not affect the other stipulations, which will retain their full validity and
effectiveness.
The contracting parties agree to replace the
clause or clauses affected by another or others that have the corresponding effects
for the purposes pursued by the parties in this contract.
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This contract includes all the existing
agreements between the parties, and cancels and revokes, where appropriate, any
other agreements or agreements, verbal or written, that were in force at the date of
its subscription.
This contract may only be modified by agreement
between the parties.
FOURTEENTH.- Commitment, acceptance and validity of
the contract
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The USER acknowledges that he has understood all
the information regarding the services offered on our website, as well as all the
conditions and stipulations contained in this electronic contract, for which he
affirms that they are sufficient for the exclusion of the error in the consent of
this contract, and therefore, fully and expressly accepts them.
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The USER is fully aware that the acceptance and
execution of this contract will take place by supplying their data and pressing the
corresponding "click" button indicated on our page www.profesionalhosting.com and
that it will be perfected with the payment of the service .
FIFTEENTH.- Applicable law and conflict resolution
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This contract is of a commercial nature, and will
be governed and interpreted in accordance with Spanish law.
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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
may choose to resort, expressly waiving any other jurisdiction. that could
correspond to them, to the Courts and Tribunals of Almería.