General Contracting Conditions for hosting services and
domain registration
This agreement regulates the general contracting conditions
for the various services provided on this website, and specified on the different pages that
specify the details of the product, through its website www.profesionalhosting.com, so that the
When the user completes the registration process and contracts a service through this web page,
he accepts and expressly submits to the clauses specified below.
CONTRACTING PARTS
On the one hand, the company Soluciones Web On Line, SL
(hereinafter, Profesional Hosting), with address at El parador de Roquetas de Mar, 04740
(Almería), Calle Hermanos Machado, nº19, with CIF nº B-04437729, registered in the Mercantile
Registry of Almería (hereinafter Profesional Hosting), in Volume 748 Book 748, Folio183,
section 3;
url
www.professionalhosting.com
And on the other hand, the CLIENT, whose data you provide us
through the forms or email that Profesional Hosting makes available to you through this web
page, to proceed with the contracting of the freely chosen service.
The CLIENT declares that the information provided is true,
truthful, current and that he provides it himself.
CLAUSES
FIRST.
- Definitions:
Client area
: User account on the Profesional Hosting platform where
the client's profile and the services contracted by him and other information and documentation
related to them appear.
Profesional Hosting:
duly constituted company whose identity appears in the
header data, dedicated to the provision of telematic services, basically specialized in hosting
web pages and registering domain names, and that complies with all the legal requirements
necessary to carry out carry out the activity covered by this contract.
Client:
all that entity, organization, with or without legal
personality, natural or legal person that has registered and contracted, whether or not they
have been charged yet, by completing the form provided for that purpose on the pages published
in the url www.profesionalhosting .com.
Contract:
Agreement that regulates the rights and obligations of the
reservation contract, acquisition, maintenance and renewal of an Internet domain entrusted to
Profesional Hosting, as well as in relation to web hosting services in their multiple web or
script possibilities.
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 on the
various information pages of this website.
Hosting:
Server storage space managed by an operating system and its
applications chosen by the client according to the particular contractual options offered, which
can be exclusive or shared, which allows remote access to be served to users through the use of
a client navigation, FTP, RSS or similar computer solutions, associated or linked to one or more
domain names owned by the client.
Redundancy and continuity of service
: Security measure by which a failure is detected in the
main system that prevents a service from running correctly or is directly inaccessible.
In such a case, a parallel alternative system will be
activated, generally another server, which will replace the main one to continue providing the
contracted service, for the necessary time until it is restored.
Servers:
Computers integrated by Software and Hardware provided by
Profesional Hosting to provide hosting service, specialized in providing remote access, managed
by an operating system where the data, applications and information configured by the CLIENT are
hosted and stored and that are capable of attending requests from other programs, and return a
response accordingly.
Shared hosting:
The hosting services described in this contract are offered
through the shared hosting system on PROFESIONAL HOSTING servers, so that various web pages from
different clients are hosted on the same server, although individually compartmentalized and
secured.
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 the contracted services in a safe,
reliable manner.
SECOND.
- Object:
The purpose of this agreement is to regulate the rights and
obligations of the parties regarding the services contracted by the CLIENT that are identified
below and in the final annexes.
Hired services:
1. Shared hosting.
2. Domain registration and renewal.
THIRD.
- Price, conditions and forms of payment:
Price:
-
In consideration for the contracted services, the
CLIENT is obliged to pay Profesional Hosting the price published on the page of the
corresponding contracted product within the web located at the url
www.profesionalhosting.com
, plus the Value Added Tax (VAT) even if it is not
published on the corresponding page.
-
The prices may be subject to periodic updating and
the client accepts it by renewing his contract expressly, tacitly or by simply
continuing to use the service for a new period.
However, Profesional Hosting will notify the
CUSTOMER of the price change at least 48 hours in advance.
-
However, Profesional Hosting will previously inform
the CLIENT of this variation in the price, before renewing the service for a new period.
-
The price will be paid for the full amount of the
corresponding period, even if the period of use of a month of service has not been
exhausted, if when the CUSTOMER gives up a new month of use of the service has already
expired.
Conditions:
-
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 of this and is authorized by the CLIENT
to suspend the service that has been enjoying in case of non-payment or return of
receipt regardless of the cause that originates it or the imputation of responsibility
to a third party.
-
Requests for services made through transfers, which
are not paid within 30 days, will be cancelled.
-
The CUSTOMER is informed when contracting that the
purchased service is subject to a specific data transfer limitation.
In the event that the CLIENT exceeds the monthly
amount of contracted data transfer, you must pay Profesional Hosting the additional
amount regulated in the particular conditions published in force on the page of the
product or service contracted by the CLIENT located at the url
www.profesionalhosting .com
, which corresponds according to the excess of data
transfer actually carried out in relation to the contracted service.
-
The payment of the added services, if any, will be
billed separately from the price of the chosen service and will also be paid monthly.
Way to pay:
-
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.
QUARTER.
- Start, duration, renewals and change of plans
Beginning:
The present contract will be perfected when requesting the
contracted service but it will be consummated only when Profesional Hosting activates it after
receiving the payment of the service selected by the CLIENT.
The provision of the requested service will begin 48 hours
after receiving the payment.
The CLIENT will be notified that the service has been
activated, by means of an e-mail that confirms it, sent to the address provided by the CLIENT
when registering in the system and subscribing to the service.
Duration:
The hiring of domain hosting and management services will
have a duration of ONE MONTH, renewable month by month.
In the case of domain management, the payment of the license
to the domain registrar is for ONE YEAR and cannot be returned for the period not used if the
domain use reservation is canceled beforehand.
Renewal:
The contract will be understood to be tacitly renewed for
the same periods as those contemplated in this agreement once payment has been received from the
CLIENT and unless the CLIENT requests cancellation from the client area 15 days before the end
of the contracted period, their willingness to not extend it.
All this without prejudice to the provisions for the case of
credits in the event of cancellations of service due to extension of the contract that is
provided for in the "cancellations" section regulated below.
Extensions:
The CLIENT will be able to request Profesional Hosting the
contracting of new services or changes of those that it has contracted, being these subject to
the provisions regulated in the present contract and will be invoiced in accordance with the
prices stipulated in the product page enabled in the url www.profesionalhosting.com for the type
of service to which you are requesting to change.
Changes in the type of contracting of the subscribed
services, will be requested at the address
[email protected]
or by phone/fax +34 911 401 900.
Cancellations:
In the event that the CLIENT cancels the contracted service
in advance, they 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
-
PROFESIONAL HOSTING reserves the right to modify in
any way the characteristics and conditions of its services.
-
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 and renew the contracting of the service for
successive periods.
-
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
-
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.
-
Take care of the maintenance of the facilities
necessary for the operation of the network, and have adequate technical and computer
equipment for this purpose.
-
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.
-
Deliver to the CLIENT all the technical and
functional information necessary for the development of the hosting of the contracted
service.
-
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. require.
Likewise, if Profesional Hosting is aware that
punishable actions are being committed or that violate the fundamental rights of third
parties, it may interrupt the service in its case and, in the event of signs of a crime,
it may inform the competent authorities.
-
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.
-
Comply with all the obligations arising from this
contract.
-
In the event of domain registration, PROFESSIONAL
HOSTING:
-
It informs that the contracted domain reservation
service does not commit PH to guarantee that it is available or approved by the Internet
domain name registration authorities in advance, so that the contracting includes the
management to find out, given that there could even be the case of a parallel
registration by third parties prioritizing that of the CLIENT while their reservation is
being managed.
-
It is exempt from any responsibility derived from
possible failures in the processing of the domain name caused by the entities and
organizations involved in the registration process, as well as those derived from force
majeure.
-
You will not be able to mediate or take
responsibility in the event of disputes that the requested domain name may bring in the
future.
-
In any of the cases, PH will never compensate or pay
any penalty whose amount exceeds the total amount paid for the service provided under
this contract.
-
To facilitate the assurance of domain rights, PH will
understand that the CLIENT wishes to renew it for another period if the CLIENT has not
expressly expressed its refusal in writing 30 days prior to the renewal date.
SEVENTH.
- Obligations of the CLIENT
-
Comply with all the obligations arising from this
contract, especially those related to the price and stipulated payment conditions.
-
Use the contracted service in good faith, without
violating the laws in force in any matter or infringing the rights of third parties.
-
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.
-
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.
-
Save a backup of the files, databases and in general
all the information that can be stored in the services contracted by the client to
PROFESIONALHOSTING, in order to restore the system if necessary.
-
Control the size of the data transfers carried out so
that it does not exceed the contracted limit.
-
If Profesional Hosting detects an abusive use of the
service or that its use implies a slowdown or poor functioning of the server or that
harms third parties, whether they share said server or not, it will have the power to
interrupt the service contracted by the CLIENT temporarily until the CLIENT resolves the
problem, incident or anomaly reported by PH, to its complete satisfaction.
-
The use of the service for purposes of
spam, mail bombing, phishing, escrow fraud, scam
419, pharming
,
data
mining,
dissemination of viruses (Trojans, worms, etc.), or
any other type of activity carried out with sabotaging intent is strictly prohibited.
, fraudulent or criminal.
Failure to comply with this obligation will entitle
PH to suspend the service until the cessation of said irregular use is fully accredited.
-
Be responsible for the content of your website, as
well as the information transmitted and stored and the hyperlinks it contains.
The CLIENT is solely responsible for the claims of
third parties regarding its website, and for all legal actions that may result from the
publication and use of its website, leaving Profesional Hosting exonerated from any
liability.
-
The CLIENT will indemnify Profesional Hosting, for
the expenses that it had to assume as a result of any action whose responsibility was
attributable to the CLIENT, including the fees and expenses of lawyers, attorneys,
experts, court fees and any other proceedings, even in the event of a non-final court
decision.
-
Do not access, modify, view the configuration,
structure and files of Profesional Hosting servers.
-
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.
-
In the event of domain registration, the following
obligations will apply to the CLIENT:
-
It expressly acknowledges its responsibility
regarding the choice of the domain name, its maintenance, renewal and that it must apply
due diligence with respect to the registration it carries out, which, in any case, must
be done for legal purposes.
-
It expressly exonerates PROFESIONALHOSTING from any
responsibility regarding damages to third parties that may be a consequence of the
inappropriate use of the contracted service or of the direct breach of this contract.
-
It is responsible for ensuring that the registration
and use of the domain name granted does not violate or affect the intellectual and
industrial property rights of third parties and assumes any responsibility for any
problems that may arise regarding the rights to use the registered domain name.
You acknowledge that you have a duty of due diligence
to prevent, as far as possible, its conflict with distinctive signs of third parties
that could affect and have priority, where appropriate, over the chosen domain.
-
You accept that the registration and use of the
domain name is subject to the policies of use and resolution of disputes related to
communications on the Internet, controlled and approved by the competent bodies for the
registration of domains.
By virtue of this, you agree to accept and comply
with the rules, regulations and conditions established by these organizations, as well
as to accept any arbitration requirement regarding the registration and use of the
assigned domain.
-
You must comply with and know the current regulations
required by the body that regulates the domain extension you request.
PROFESIONALHOSTING is not responsible for the breach
of the specific regulations of the domain extension by the client or for his legal
ignorance.
-
In the specific case of ".es" domain registration,
you also accept the regulated particular obligations that are published at:
http://www.profesionalhosting.com/contratos/contrato-dominios-es.html
-
In the specific case of domain registration of an
extension managed by ICANN, in addition, the regulated particular obligations that are
published at:
https://www.icann.org/resources/pages/transfer-policy-2016-06- 01-in
EIGHTH.
- Intellectual and Industrial Property
-
PROFESIONAL HOSTING is the owner of any rights or has
the necessary licenses of use over them, with respect to all hardware, software,
operating manuals, associated documentation, procedures and any other right related to
the services contracted, supplied or made available to the CLIENT.
The latter, therefore, does not acquire any rights
over all of this, except for the rights and licenses that derive from this agreement and
only during its term.
-
Each party may not use, except with the prior written
consent of the counterparty, the denomination, trade name, logos, distinctive signs or
trademarks of the counterparty outside of the assumptions regulated in this contract,
nor may they use them or use the acceptance of any offer of services, nor the
subscription or execution of this Contract, nor the provision of the services referred
to in them, as a reference for the acquisition of new clients or attracting business or
to maintain a certain level of professional standing.
-
The CUSTOMER undertakes to indemnify PROFESSIONAL
HOSTING for any third-party claim to which it is obliged, in cases where the
infringement underlying said claim derives from the use of the equipment or software by
the CUSTOMER in conjunction with another device or software not provided by PROFESSIONAL
HOSTING.
NINTH.
- Confidentiality and Protection of personal data
Confidentiality:
-
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.
-
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.
Each party agrees not to make copies, disseminate,
communicate, lend or otherwise reproduce, disclose or disclose the Confidential
Information to any third party, nor to publish it or in any other way, either directly,
or through third parties or companies, make it available to third parties, without the
prior written consent of the Client, for uses or purposes necessary for the execution of
the services object of this Contract.
-
The Confidential Information will be treated
confidentially by each party and will not be disclosed by any party, in whole or in
part, directly or indirectly, to third parties, under any circumstances, except with the
prior written consent of the counterparty.
In particular, each party undertakes to adopt the
necessary measures to prevent unauthorized third parties from accessing the Confidential
Information and to limit access to it to authorized employees or collaborators, if
applicable, who need to have it for the performance of the service, transferring the
same obligation of confidentiality.
-
The obligations established for each party in this
Agreement will also be mandatory, if applicable, for their employees, collaborators,
both external and internal, subcontractors, lawyers and auditors, for which each one
will respond to the other if such obligations are breached by such employees,
collaborators, subcontractors, lawyers and auditors.
Each party undertakes to obtain from its external
collaborators or subcontractors authorized by the Client a written commitment in
identical terms to those stipulated in this Agreement with respect to the Confidential
Information held by them.
-
Nothing in this Agreement grants any party a right or
title to or any other right in the Confidential Information, except for the rights of
use provided in this Agreement and with the limitations indicated in this Agreement.
-
The obligation of confidentiality will not apply and,
therefore, information that is or is accessible to the public for reasons other than
breach of the obligation of confidentiality by each party will not be considered
Confidential Information;
that has been published prior to the date of this
Agreement;
that is already in the legitimate possession of the
party and is not subject to a confidentiality agreement between the parties, provided
that this fact is disclosed to the other party prior to the time of disclosure;
that it is received through third parties without
restrictions and without implying a breach of any legal or contractual obligation of the
third party;
-
The disclosure of Confidential Information that
responds to compliance with a judicial or administrative order will not be subject to
the obligation of confidentiality provided herein, and provided that PH has received the
corresponding order and previously informs the Client in writing about the obligation to
proceed. to said revelation.
-
The duration of the confidentiality obligations
established in this Agreement will be indefinite, remaining in force after the
termination for any reason, of the relationship between both parties.
Personal data protection:
9.2.
Personal data protection.
Treatment Manager
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 contract 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.
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
-
This contract will be terminated for the general
reasons established in Spanish law, and for non-compliance with the obligations arising
from this agreement.
-
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 this 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.
-
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
-
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.
-
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 in the corresponding section of our page
www.profesionalhosting.com and that it will be perfected with the payment of the
service.
FIFTEENTH.
- Applicable law and conflict resolution
-
This contract is of a commercial nature, and will be
governed and interpreted in accordance with Spanish law.
-
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, the parties will submit to the
courts or tribunals that are competent in each case:
-
When the client intervenes as a consumer, it
will be those of the place where he has his habitual residence.
-
In all other cases and, in any case, when the
client intervenes as an entrepreneur or professional or entity with or without
legal personality, expressly waiving any other jurisdiction that may correspond
to them, both will be submitted to the Courts and Tribunals of Almería.
EXHIBIT
Miscellany
1. Special promotions.
-
We give away the registration or transfer of a .com,
.net, .es domain in the annual contract.
-
In the plans indicated on the web in the annual
contract, the SSL certificate and installation are given away for the first year.
2. Special limitations not
detailed
in the shared hosting contract.
-
Send limits
-
A limitation is established on sending emails
per hour in shared hosting services, so that no more than one hundred (100)
emails can be sent by email in an interval of one hour.
To eliminate this limitation, it will be
necessary to contract one of the specific plans for mass mailing from the same
domain using SMTP.
-
Data transfer limits