Legal conditions


General conditions of Hiring of Cloud Servers

By means of this document the General Conditions of Hiring settle down applicable to the benefit of the service of SERVERS CLOUD (in future, General Conditions of the Service) on the part of INFORTELECOM HOSTING LIMITED LIABILITY COMPANY (in future Infortelecom), with CIF B-97193114 and head office in Ronda de Narciso Monturiol and 17 Estarriol B, 1-1, Building AS Center III Paternal Technological Park 46980, Valencia, registered in the Mercantile Registry of Valencia, volume 7182, book 4485, folio 78, Nºmero.V-83529 leaf., to the legal natural people and/or (in future, contracting part) who indicate their will to contract the services regulated in the present conditions by means of the request realised by electronic mediums, concretely via Internet, in the website databasemagic.net, ownership of Infortelecom.

  1. Information and contractual documentation. Acceptance of the contracting part

    The present General Conditions of the Service expose with permanent character in the website databasemagic.net (in future, €œWebsite€), being able all the users to file them, to print them and, therefore, to be previously informed into the conditions of the price, characteristics, rights and, generally, of all the conditions in which the benefit of the service will take place.

    Also, the present General Conditions of the Service reiterate along with a summary of the specific request - modality and plan of servant specifically engaged, to title, period by which contract and cost with indication of applicable taxes in each case - for their express acceptance on the part of the contracting part by means of the verification of the squares of €œAcceptable the General Conditions of hiring of the Acceptable Service and the Contract of In charge of the personal Data processing€ - whenever a request is realised makes specific on watch through Website.

    It is not technically possible that the Contractor can finalize the request without the acceptance of the present General Conditions of the Service, the General Conditions of access has taken place and use of the website and the Contract of IN CHARGE OF the personal DATA PROCESSING. So that the Contractor can carry out this acceptance and, therefore, to realise the request, must be registered previously as user in Infortelecom, covering for it a form with initial datas whose shipment will imply the concession of a key of user and a password to accede to the exclusive area of the Contractor, and the acceptance of the present Conditions. In case the Contractor was not registered previously as user in Infortelecom, he will be created of automatic form in the same process of hiring of the Service. The Contractor when accepting these conditions gives his express consent and without reserves so that Infortelecom conducts the necessary operations of collection for the acquisition of the services that contract. Therefore, the Contractor specifically gives his consent authorizing to Infortelecom to realise the collections in the payment methods that the same introduces from a safe area and, therefore, the operations that Infortelecom realises or domiciling in the checking account of the Contractor, or realising a position in his card or any other method of payment introduced by the Contractor, they consider themselves authorized for the purposes of the normative one on services of payment.

    The present General Conditions of the Service together with the specific request realised through Internet by the Contractor particular Conditions imply the formalization of the Contract of Services (in future, the Contract) between Infortelecom and the contracting part that declares to be adult, to have capacity sufficient to contract and to have read, to have understood and to have accepted the present Conditions.

    Infortelecom, at the time of taking place the hiring and in a term superior to the twenty-four hours does not send to the email address, who the Contractor has specified in the form of registry of user as main route of contact, order of order or invoices justificatory with description of the contracted service, cost - with removal of taxes if application and period by which were from contract. The shipment of the justificatory invoice implies the confirmation has taken place the effective hiring. Also, the Contractor will have the detail the concrete services that he has contracted and the period of use of the same along with the accrediting invoices of the payment, with permanent character, in his private area. Any later modification of the present General Conditions of the Service or the General Conditions of Hiring, will be, on the one hand, notified to the Contractor via e-mail fifteen days ahead and, on the other, exposed clearly in the Website. All the indicated documentation previously can be printed and be filed by the contracting part, that can at any time ask for it to the Service of Attention to the Client by means of the remission of the corresponding e-mail to calidad@Infortelecom.es or by telephone in number 91 082 00 73.

    Any request of information, or claim that is considered pertinent, will be able to consider to the Service of Attention to the Client in the signs identified in the previous paragraph. The Service will confirm receipt of the complaint made by means of the remission of the pertinent voucher €“ with the corresponding identifying key to the email address who will have to be provided to the Service of Attention to the Client to transact the claim. After receiving a request or claim by any of means indicated in the previous paragraph, Infortelecom will analyze the case raised by the user and it will as soon as possible provide an answer to him, that in any case will not surpass the fifteen (15) natural days counted as of the next day to the one to receive Infortelecom the request or claim.

    The hiring of the services of Infortelecom necessarily implies the acceptance of its Policy of Privacy and the General Conditions of access and use of the website databasemagic.net, allowing the treatment of the data in the terms described in both legal texts.

  2. Object

    Infortelecom contract is hereby committed to rent to the contracting part a servant cloud, in exchange for a certain remuneration and based on the conditions that next settle down. The service includes the installation and the connectivity from the servant to the Internet network and other common characteristics and/or accessory services that the modalities and plans available are detailed in the present Conditions based on. The physical servant, in which the servant lodges cloud, is in any case property of Infortelecom. One inquires to the contracting part that will not be able to physically accede to the servant. Infortelecom in addition informs to the contracting part that reserve the right at any time to replace the services object of the present assigned conditions the contracting part, always by an equipment or hardware that reunites the same or characteristic superiors that initially assigned.

  3. Modalities

    The contracting part in the request form that is sent through Internet will choose the service according to the modality and the plan with its concrete characteristics and the period of time per which it contract. This request together with the present General Conditions of the Service formalizes the contract between Infortelecom and the contracting part, as long as Availability exists (clause 4.b).

    The service, denominated Cloud or Servidores Cloud, consists to size of a service of lodging, that will be established by the own contracting part based on its concrete needs at every moment.

    The modalities that Infortelecom for the services object of the present General Conditions of the Service offers will be those that consist in the Website at the time of the request, whose basic categories are the following:

    1. Not administered

      The administered Cloud Servers do not consist of a lodging whose basic characteristics is that it is an integrated servant in a physical servant of modality nonadministered but that as well lodges more of a servant cloud, that is to say, the contracting part of the servant cloud administered does not share its resources of hardware with other servers cloud who can be lodged within the servant. The servant cloud administered therefore does not share hardware with the rest of lodged servers cloud in the physical servant but he will work of independent form with respect to the others.

    2. Administered

      The administered Cloud Servers consist of a lodging whose basic characteristics is that it is an integrated servant in a physical servant of administered modality but that as well lodges more of a servant cloud, that is to say, the contracting part of the administered private servant shares its resources of hardware with other servers cloud who can be lodged within the servant. The servant cloud administered therefore shares hardware with the rest of lodged servers cloud in the physical servant but he will work of independent form with respect to the others.

  4. Characteristics

    1. General characteristics and tariffs

      The characteristics of each one of the services, the applicable availability of the same and tariffs will be those that at the time of the hiring appear it express and publicly in the website of Infortelecom.

      Different plans within each modality exist on watch whose characteristics and prices will be those that appear at every moment in the website of Infortelecom in the section prices or tariffs.

    2. Availability

      The contracting part will realise the request and will have to wait for the confirmation of Infortelecom on the availability of the service and its completion. Infortelecom informs to the contracting part that always will have to consult the availability of the concrete servant who indeed wishes to contract since stock problems can exist that prevent their delivery.

    3. Resources of system, technical and legal capacity of storage and restrictions

      Within the limits of capacities of storage of each modality and plan, the number of websites and names of domain that can be lodged depends on the license of acquired Control Panel. In the case of not existing Control Panel, limits in the number of domains do not exist to lodge beyond the own ones that the system can support. The contracting part affirms that it perfectly knows those limits and their needs.

      To majors certain technical and legal restrictions exist that appear specified in the present General Conditions of the Service. The accomplishment of any type of illicit activity in the engaged servant is prohibited. Also specifically the accomplishment of any type of action is prohibited that supposes an abuse of the resources put at the disposal of the contracting part by Infortelecom - according to which it is indicated in the present General Conditions of the Service or which they can suppose a danger for the integrity of the systems of Infortelecom or third parties.

    4. Management of IP

      According to the contracted plan they include a determined number of IPs fixed preformed. For all the modalities, if the contracting part needed a greater number of IP will have to ask for it and to justify the use of the same according to the norms determined by RIPE NCC (R©seaux IP Europ©ens Network Coordination Centre). Infortelecom reserves the right to accept or to deny the requests of more IP if it considers that its necessity is not properly just and will put under semester revision the use of the same. Infortelecom, previous warning, will be able to modify directions IP assigned to the contracting part with the purpose of to assure the continuity and good march the service.

    5. Software and security

      Infortelecom is committed to install software or software according to the plan indeed contracted. Infortelecom realises backup copies of the servant host by reasons for security, whose only purpose is to recover all the Cloud Servers in case of taking place a failure in the servant, more in no case the data contained in each Cloud Servant, whose responsibility is of the contracting part.

      In the modality of Not administered, Software will be installed by Infortelecom but this one will have to be formed by the contracting part. This means that once given to the contracting part the servant Administered in anyone of his Infortelecom plans it will not realise any type of configuration nor update of software, will not administer the servant, nor will accede to the same without the consent given by the contracting part that will have to give the keys to facilitate the access to the servant and the concrete action to carry out in case outside necessary. The contracting part assumes therefore the configuration of settled software as well as its future management in everything what it talks about to the necessary updates. The contracting part will be the only person in charge of any problem of security that can derive from the bad configuration and installation of the software of the servant. Infortelecom in no case will be responsible for the errors, slowness, failures of security or any other type of incidence derived from the nonupdate of the settled programs or of any other program that the contracting part decides to install. He will not be responsible either by global problems in the Internet network that do not talk about to the connectivity makes specific that it offers Infortelecom. The contracting part is the only person in charge of the security of its servant.

      In the modality of Administered, Software will be installed and formed by Infortelecom. Infortelecom will realise all the necessary updates in the software settled - in no case of the additional software installed by the contracting part. This settled software could be replaced by Infortelecom by software of functionalities and similar characteristics or superiors. In this modality, the contracting part, gives complete access to Infortelecom to realise the interventions of maintenance, or any other type, necessary for the benefit and good march of the service. In case the contracting part needs to realise any exchange rate of configuration in the software installed in the servant, it will have to ask for it to the technical support of Infortelecom, that will reserve the right to apply those changes or no, because certain changes in software can make difficult future updates of the servant and affect to other questions related to the security and yield of the same. In relation to the security, Infortelecom will permanently update all the vulnerabilities that can be arising in the software settled by Infortelecom, including different programs from security to neutralize the attacks more common hackers, and will apply the safety measures that consider opportune, not becoming responsible by possible attacks to the security which they cannot be detected with the security systems on the basis of the state of the present technology.

      In both modalities, it is responsibility of the contracting part to have the original licenses of installed software, being able to be these asked for to Infortelecom. The licenses cannot be transferred or be reproduced out of Service contracted with Infortelecom. Also, it is not possible to be distorted the reach and use of the same. Since these licenses are given by a third party, Infortelecom reserves the right to modify the tariff of this service at any time.

    6. Security of the Network

      Infortelecom, uses a centralized security system and forms the rules and directives of the same based on which it considers opportune at every moment with the purpose of to maintain the network in perfect conditions.

      In case of attacks in the network or incidents of security, Infortelecom reserves the right to take to end whichever activities considers necessary to restrain or to reduce the impact of attacks and to diminish the consequences. For these Infortelecom reasons the right is reserved to allow and to deny certain type of networks, concrete directions IP or services of temporary or permanent form towards or from the servant of the contracting part. Infortelecom always will inform of the contracting part any change of importance in the security systems that can affect to its service.

    7. Connectivity

      Infortelecom has a flexible network that it allows him to increase the bandwidth limitlessly as the exigencies therefore require it. In any case it is faculty of Infortelecom to limit or not the bandwidth without this limitation can suppose in no case a reduction in the speed that needs the contracting part for a good operation its services.

    8. Technical support and monitoring

      In the modality of Not administered, in anyone of its plans, the technical support lent by Infortelecom is always offered by system of tickets, e-mail, chat and telephone and will be limited the following questions: hardware and connectivity. The contracting part will be able to obtain support for everything what it talks about to these questions and, within these questions. If the incidence is imputable directly to the contracting part the action of Infortelecom will be able to suppose a cost added by means of the additional service of technical interventions. The contracting part affirms to have Administered knowledge sufficient to administer the Servant since Infortelecom does not lend support on the administration of the servant nor on the use or installation of programs, lodging of websites etc. That is to say, Infortelecom, in this modality does not rent the servant so that the contracting part completely administers the same without needing help on the part of Infortelecom.

      In the modality of Administered the support offered by Infortelecom he is global, staying updated the servant and being realised necessary the technical interventions in everything what one talks about directly to hardware, connectivity and licenses of Control Panel, including itself in the technical support the services that are lent through these licenses. In no case support is lent on settled software and formed by Infortelecom in the modality Administered, safe concerning the licenses of Panel of Control, that is to say, Infortelecom it settles and it forms software so that the services work correctly but this one is modified or altered somehow by the contracting part, Infortelecom does not lend gratuitous technical support on that software, being forced the contracting part in these cases to ask for the service of technical interventions based on the tariffs and characteristics that appear in databasemagic.net at the time of their request. In the same way, the contracting part will have to ask for the service of technical interventions in case it wishes to install or to form programs or tools developed by third parties, different from Infortelecom (To see point 5.b).

  5. Additional services

    Infortelecom provides diverse additional services submissive an extra cost. The specific cost and its characteristics will be always those that consist in the Website at the time of the hiring.

    1. Backup copies or Backups

      The service consists of the daily backup copy execution of the information wished by the contracting part.

      The specific conditions of this service take shelter in the general Conditions of Hiring on watch of Backup.

    2. Service of technical interventions

      In relation to all the services of the Not administered modality and in the services of the modality Administered in relation to the programs or own activities that the contracting part realises in the servant to majors of the programs pre installed and formed by Infortelecom, technical services advanced in systems management are put at the disposal of the contracting part with the purpose of to solve technical problems, installation of programs realised by the contracting part or configuration of the same. The cost of the service will depend on the time that lasts the intervention: thirty minutes, forty-five Euros; sixty minutes, sixty Euros. In case of being consumed one hour less than but more of half an hour, the section will be always received superior since the tariff determined for half an hour has been exceeded of technical intervention. In no case they will take to an additional cost the activities in which the incidences must to problems in the hardware of the equipment. The technical activities realised in relation to the programs installed and formed by Infortelecom will not have additional cost either in the modality Administered.

    3. Additional traffic and excesses of transference

      When the contracting part exceeds the contracted monthly transference by virtue of the asked for plan, the packages of transference will at the end of the month receive on the basis of the costs and sections that appear at every moment in the Website.

    4. Control Panel

      The additional service of Plesk Panels or cPanel of Infortelecom, developed for Suppliers of Services of Hosting, allows to administer to numerous lodgings and domains, being able of this form to personalize the services that supply to their clients, facilitating to them their management and increasing the advantage of the servant. The cost of these panels will be the one that appears at every moment in the Website. Since this is served by a third party, Infortelecom reserves the right to modify the tariff of this service at any time.

  6. Rights and obligations of Infortelecom

    1. Benefit of services

      Infortelecom is committed by means of the present General Conditions of the Service to serve the following, where appropriate:

      1. Area of client

        Infortelecom puts at the disposal of the client a Control Panel in its area of client from where it will be able to accede to his data of user and the management of payments and invoices.

      2. Installation and connection

        The installation of the servant in center of data (CPD) used by Infortelecom and its connection to the Internet network.

      3. Hardware

        To manage the servant in everything materially what one talks about to hardware. Infortelecom will replace all the damaged elements of hardware the greater brevity without invoicing this question to the contracting part.

      4. Software or software

        Infortelecom is committed to install software or basic software by virtue of the plan indeed asked for by the contracting part. Infortelecom is committed neither manages in no case the programs inserted in the servant by the own contracting part, nor the websites that the contracting part wishes to lodge so in the same - and as it is indicated in the present Conditions, as well as no action that the contracting part realises in the servant, being these activities of its exclusive responsibility and having to ask for the services of technical intervention in case of needing help or support on the acted thing. The software put at the disposal of the contracting part is property of Infortelecom.

      5. Technical support

        Infortelecom will facilitate technical support during the benefit of the service contracted on the basis of the specified thing in each one of the plans. The technical support will be realised preferably and previous to any other route, by means of system of tickets. The e-mail that the contracting part facilitates in its registry as usuary in databasemagic.net will be the main and preferred route of communication with the client and this one are committed in any case to notify the change of this e-mail as soon as possible. The incidences could also be notified via telephone, e-mail and chat.

      6. Updates

        They are determined based on the modality indeed contracted. Infortelecom will provide all those services, applications and updates that considers necessary. These applications and updates will be those that appear defined in the characteristics of the benefit of the contracted service and will be gratuitous, as long as it is not indicated to an additional cost specifically and is optative it contracting part to obtain them or no, according to determines in the section tariffs of the website of Infortelecom. In addition Infortelecom will replace the versions of the programs installed in its machines by more recent others or than it considers more opportune to continue enjoying the service.

        In the modality of Not administered, the contracting part will have to realise the updates that consider opportune by itself. Infortelecom will not update software in this type of modality.

        In the modality of Administered, Infortelecom will provide all those services and updates that go away including and which they appear defined in the concrete plan of servant indeed engaged

      7. Resources of the system

        Infortelecom reserves the right to deny the execution of certain actions or archives on the part of the contracting part, and to temporarily deny total or the traffic towards or from the engaged servant in case in the same activities are realised that suppose serious problems for the integrity and correct operation of the network of Infortelecom. Concretely and with special character in relation to any action of the contracting part that supposes some type of illicit action, Infortelecom will be able to act of this form without previous warning, like in the case of bringing about serious danger for the integrity of the systems of Infortelecom. This action by Infortelecom part will not give rise in any case to a possible claim on the part of the contracting part since this one knows the capacities the service or contracted concrete plan being able Infortelecom to deny to him beforehand to conduct certain battles that suppose an abusive use on the basis of the contracted service. Infortelecom will indicate to the contracting part that it must contract to a service superior in characteristics that adapts to its needs.

        In all the modalities, Infortelecom it will be able to require to the contracting part the halting or limitation of the execution of certain programs or scripts that they can cause problems to the provided services to the servant.

        With such aim, it will be come to notify to the contracting part the necessity to adopt the opportune measures to correct the situation. If the contracting part did not adopt these measures in the indicated term, Infortelecom will properly eliminate the excesses notified. Also, Infortelecom reserves the right to notify to the contracting part, at the moment at which the servant is to the limit of resources, that must change to a plan superior, to contract additional services, or for taking the opportune measures to avoid incidents in the installed services.

      8. Changes of plans

        In case the contracting part wants to change on watch, servant or plan of lodging, will have: to contract and to pay the cost of the new plan, to migrate the contents lodged to the new service and, once finalized the migration, to communicate it to Infortelecom so that he comes to terminate the old plan. In case of change to service of cost superior, Infortelecom will proportionally compensate the days enjoyed of the plan inferior not extending the period duration the plan superior to the cost of both plans. In case the contracting part wants to change to a service of cost inferior, any compensation will not exist. It will be considered that the new service is of cost superior, if in annual calculation the ordinary price of the new plan is superior to the one of the present plan; the additional services or contracted extensions will not consider to determine the price of the services.

        If the change of plan had been indicated by Infortelecom - in base to the present Conditions, the period of time nonenjoyed the old plan in the form of balance in the user account of the contracting part will be phelp.

        If the contracting part does not wish to realise the migration of services through its Control Panel, it can contract to the management of the transfer of hosting or lodgings Web the new service to Infortelecom so that it is realised directly on the part of a qualified technician of the support department. The cost of the service will be of sixty Euros. This service is not available for services nonadministered.

      9. Interruption of the service

        Infortelecom reserves the right to temporarily interrupt the benefit of the service by imperative needs of improvement, repair or substitution of the average technicians used for the benefit of the same.

        Also Infortelecom reserves the right to interrupt the service when the contracting part is failing to fulfill anyone of the existing clauses in the present Conditions and, very especially, when the contracting part is committing some type of illicit activity, does not pay to the additional service or costs and/or when the contracting part is using the service harming the arranged thing in the present General Conditions. The interruptions by these reasons will not give rise in any case to an indemnification to the contracting part.

      10. Characteristics of the service and tariffs

        The characteristics of each one of the services, the applicable availability of the same and tariffs will be those that at the time of the hiring appear it express and publicly in the website of Infortelecom.

    2. Responsibilities

      Infortelecom besides other indicated exonerations of responsibility in the present General Conditions of the Service and in which they are from application, specifically will not be responsible in any case in relation to:

      1. Errors in the connections, act of God and greater force

        Infortelecom will not be responsible for the nonavailability on watch, of the errors, delays in the access, or any anomaly that must to problems of connection of the contracting part - Infortelecom does not offer services of connection to Internet or general character in the Internet network, causes of act of God or greater force or any other totally unforseeable contingency and therefore other people's to the good faith of the company and nonimputable to the same

      2. Difficulties from access to websites lodged in the servant

        Infortelecom will not be responsible for the nonavailability or difficulties from access to the websites that the contracting part lodges in the servant when these errors are due to own activities of the contracting part and do not talk about to incidences in the connectivity of Infortelecom or hardware. The contracting part is the one who administers the servant and the activities that can realise in the same are responsibility hers. In case of needing help the contracting part will be able to ask for the service of technical interventions.

      3. Damages

        Infortelecom in no case will be responsible by the errors or damages produced by the inefficient use and of bad faith for the service on the part of the contracting part. It will not be responsible Infortelecom either for the consequences majors or minors by the lack of communication between Infortelecom and the contracting part when he is imputable to the nonoperation of the facilitated e-mail or to the falsification of the data provided by the contracting part in his registry of user in databasemagic.net

        Infortelecom assumes the responsibility of the efficient benefit of the service based on the established thing in the present Conditions and based on the request it makes specific realised by the contracting part. The contracting part General Conditions of Hiring of Virtual Private Servers 13 of 26 specifically resigns to demand any contractual or extra-contractual responsibility by the possible damages or damages derived from its own breach of the present General Conditions or derivatives of any fraudulent or negligent action on the part of the contracting part.

        In any case the responsibility of Infortelecom in case of taking to end an inefficient benefit on watch will be always objective according to the terms of the present General Conditions and it will be limited the return of the amount that the subscriber by the contracting part in the proportional quantity to the period in which it will not enjoy the service, excluding itself specifically any other type from responsibility, or by direct or indirect damages, emergent damage and/or dismissed profit.

        In clause 16 of the present contract the compensations based on nonavailability take shelter of the service.

  7. Rights and obligations of the contracting part

    1. Payment

      The contracting part is committed to pay the amount of served in the quantity, forms and following terms:

      1. Amount

        The cost of this service will be specified in the website databasemagic.net in the section tariffs or prices regarding the contracted service. The amounts indicated in the website do not include the applicable taxes.

        The prices specified in the website could unilaterally be varied by Infortelecom according to the needs of the market, being notified this variation to the contracting part at least fifteen (15) days ahead to the date of renovation of the service and having had the possibility the contracting part unilaterally of solving the contract in advance of fifteen (15) days to the expiration date of the service, so that of this Infortelecom form it does not renew the service applying the new tariffs.

        The amounts and costs indicated in these general Conditions do not include the applicable taxes.

      2. Forms of payment

        The contracting part will have to pay the amount corresponding to the service contracted by means of some of the forms of payment accepted by Infortelecom: debit, Paypal, banking transference, credit card/debit. The contracting people with determined historial of non-payments in Infortelecom unphelp whereas clause, any return of a certain payment will only have to their disposition forms of payment, as much for new hirings as for the renovation of services. Also, before any conduct susceptible to constitute an illicit one, or before the hiring of certain services or if incoherent data on the part of the contracting part are introduced, will only be certain methods of payment. These limitations in the payment methods will be able to have transitory character, until the reliable contracting part the situation anomalous, or permanent - although reliable the situation if the contracting part has a continuous file of non-payments or if situations take place of repeated form in which the restrictions in the methods are applicable from payment.

      3. Term

        Independent of the duration of the service that initially is contracted, the contracting part must realise the payment at the same time as the request. Infortelecom will not realise any management until the payment properly is credited. It will be considered that the payment is credited when the bank therefore communicates it to Infortelecom. In the case of the banking transferences, the contracting part will have to send voucher of the entrance to the administracion@Infortelecom.es mail, being identified properly the concept of the entrance (p.ej. requested Payment).

        However, two days of grace with respect to the indicated date settle down to make the payment, after which, if the same has not been come, it will be come to interrupt the service.

      4. Renovations

        All the services in Infortelecom activate with automatic renovation. This car renovation takes place, unless the contracting part deactivates this option, and whenever the data of payment of the contracting part are correct, during the month previous to the lapsing of the service. The contracting part can come at any time to the decontamination of the automatic renovation from the Control Panel that it has to his disposition as user of Infortelecom. Infortelecom always warns and informs to the contracting part, prior to the lapsing of the service, into which it is going away to realise the renovation of the service, so that the contracting part can at any moment solicit that the same is cancelled, thus giving by finalized the contract. Once one takes place the renovation of the service, without manifestation against on the part of the contracting part, in no case will be place to the return of the amount phelp by the same.

        The automatic renovations to all that one contracting part will be deactivated that is in non-payment situation or has a file of non-payments in Infortelecom, or whose data of payment are not correct. In case the contracting part has deactivated these automatic renovations, it assumes that it must come to realise the renovation of the service before finishes to the term of the last contract realised - date in which the service will expire to avoid incidences of last moment and unexpected consequences. The contracting part assumes all the responsibility by the loss or incidences that can be produced derived from the request of renovation outside this term, limiting itself the responsibility of Infortelecom, where appropriate, to give back the amount that had phelp the contracting part by a renovation outside term that has in the end not been able to be realised. Infortelecom in no case will give back the amount of a renovation that had been realised successfully.

        On both sides one remembers that to both later natural days to the victory or lapsing of the service without the contracting part has made the payment corresponding to the renovation, Infortelecom will come to interrupt the service asked for with the consequences that of this action are derived. Infortelecom in no case assumes responsibilities of no type (p.ej before the loss of operativity or information) to that it could have place by the interruption of the service for want of renovation or payment.

      5. Invoicing

        Infortelecom will issue the invoice corresponding to the contracted services having detailed all the concepts that conform it. The remission of the invoice to the contracting part will be realised of form Telematics by email, being sent electronic to the direction of provided invoicing, as soon as the services have been activated. The invoices will be permanently available in the private area that each contracting part owns in databasemagic.net. Exceptions to this clause in relation to those users exist with whom Infortelecom has decided the emission an only monthly invoice.

    2. Dropping of the claim

      The contracting part, that has the condition of consumer in accordance with the effective legislation (art.71 Law 3/2014, of 27 of March), can stop of the hiring realised without needing justification within fourteen days natural counted as of the day of celebration of the contract. In order to exert the dropping of the claim right, the contracting part will have to notify its decision to stop of the contract through an unequivocal declaration a: Infortelecom Hosting LIMITED LIABILITY COMPANY, in Ronda de Narciso Monturiol and 17 Estarriol B, 1-1, Building AS Center III Paternal Technological Park 46980, Valencia, registered in the Mercantile Registry of Valencia, or in comercial@Infortelecom.es, indicating that it stops of the contract and providing the following data: reference and date of the order, service of which stops, full name of the contracting part, and its address. Also, it will be able to use the qualified form or the model anticipated in the effective norm on defense of consumers and users. In case of appearing the dropping of the claim in paper it will have to go properly signed by the contracting part. In order to fulfill the term, it is enough with which the notification is sent before it overcomes the same.

      In case of to exercise dropping of the claim, Infortelecom will give back payments received by service and period contracted, including €“ in his case expenses of delivery (exception done of the resulting expenses additional of the election on the other hand of a modality of delivery different from the less expensive modality of ordinary delivery that offers Infortelecom), without no illegal delay. This reimbursement will take place using the same means of payment used for the initial transaction. The contracting part will not incur any cost as a result of the reimbursement. If the contracting part had solicitd that the benefit of services began during the period of dropping of the claim, it will have to pay a proportional amount to the part already lent of the service at the moment at which it has communicated his dropping of the claim, in relation to the total object of the contract. If the service had been executed completely the dropping of the claim will not be able to be exercised.

      1. Amount

        The cost of this service will be specified in the website databasemagic.net in the section tariffs or prices regarding the contracted service. The amounts indicated in the website do not include the applicable taxes.

        The prices specified in the website could unilaterally be varied by Infortelecom according to the needs of the market, being notified this variation to the contracting part at least fifteen (15) days ahead to the date of renovation of the service and having had the possibility the contracting part unilaterally of solving the contract in advance of fifteen (15) days to the expiration date of the service, so that of this Infortelecom form it does not renew the service applying the new tariffs.

        The amounts and costs indicated in these general Conditions do not include the applicable taxes.

      2. Forms of payment

        The contracting part will have to pay the amount corresponding to the service contracted by means of some of the forms of payment accepted by Infortelecom: debit, Paypal, banking transference, credit card/debit. The contracting people with determined historial of non-payments in Infortelecom unphelp whereas clause, any return of a certain payment will only have to their disposition forms of payment, as much for new hirings as for the renovation of services. Also, before any conduct susceptible to constitute an illicit one, or before the hiring of certain services or if incoherent data on the part of the contracting part are introduced, will only be certain methods of payment. These limitations in the payment methods will be able to have transitory character, until the reliable contracting part the situation anomalous, or permanent - although reliable the situation if the contracting part has a continuous file of non-payments or if situations take place of repeated form in which the restrictions in the methods are applicable from payment.

      3. Term

        Independent of the duration of the service that initially is contracted, the contracting part must realise the payment at the same time as the request. Infortelecom will not realise any management until the payment properly is credited. It will be considered that the payment is credited when the bank therefore communicates it to Infortelecom. In the case of the banking transferences, the contracting part will have to send voucher of the entrance to the administracion@Infortelecom.es mail, being identified properly the concept of the entrance (p.ej. requested Payment).

        However, two days of grace with respect to the indicated date settle down to make the payment, after which, if the same has not been come, it will be come to interrupt the service.

      4. Renovations

        All the services in Infortelecom activate with automatic renovation. This car renovation takes place, unless the contracting part deactivates this option, and whenever the data of payment of the contracting part are correct, during the month previous to the lapsing of the service. The contracting part can come at any time to the decontamination of the automatic renovation from the Control Panel that it has to his disposition as user of Infortelecom. Infortelecom always warns and informs to the contracting part, prior to the lapsing of the service, into which it is going away to realise the renovation of the service, so that the contracting part can at any moment solicit that the same is cancelled, thus giving by finalized the contract. Once one takes place the renovation of the service, without manifestation against on the part of the contracting part, in no case will be place to the return of the amount phelp by the same.

        The automatic renovations to all that one contracting part will be deactivated that is in non-payment situation or has a file of non-payments in Infortelecom, or whose data of payment are not correct. In case the contracting part has deactivated these automatic renovations, it assumes that it must come to realise the renovation of the service before finishes to the term of the last contract realised - date in which the service will expire to avoid incidences of last moment and unexpected consequences. The contracting part assumes all the responsibility by the loss or incidences that can be produced derived from the request of renovation outside this term, limiting itself the responsibility of Infortelecom, where appropriate, to give back the amount that had phelp the contracting part by a renovation outside term that has in the end not been able to be realised. Infortelecom in no case will give back the amount of a renovation that had been realised successfully.

        On both sides one remembers that to both later natural days to the victory or lapsing of the service without the contracting part has made the payment corresponding to the renovation, Infortelecom will come to interrupt the service asked for with the consequences that of this action are derived. Infortelecom in no case assumes responsibilities of no type (p.ej before the loss of operativity or information) to that it could have place by the interruption of the service for want of renovation or payment.

      5. Invoicing

        Infortelecom will issue the invoice corresponding to the contracted services having detailed all the concepts that conform it. The remission of the invoice to the contracting part will be realised of form Telematics by email, being sent electronic to the direction of provided invoicing, as soon as the services have been activated. The invoices will be permanently available in the private area that each contracting part owns in databasemagic.net. Exceptions to this clause in relation to those users exist with whom Infortelecom has decided the emission an only monthly invoice.

    3. Responsibilities

      1. Contents

        The contracting part specifically assumes all the responsibilities by the contents lodged in its lodging being exonerated Infortelecom of all type of civil, penal responsibility or of any other nature that could be derived from claims in relation to the contents that the contracting part introduces. Infortelecom, at the moment at which it has convincing knowledge of the introduction on the part of the contracting part of contents that harm rights of own third parties or of Infortelecom such as contents that violate rights of the intellectual or industrial property, right fundamental or any other content that is in opposition to the law, will come definitively to suspend or to cancel the benefit of the service and to retire therefore the illegal contents. In addition Infortelecom will give warning immediately to the competent authorities on these incidences facilitating to the same all the data that are required to him judicially.

      2. Good use of the service

        The contracting part is forced to make a good use of the service and therefore not to use it of bad faith for any practice that is prohibited by the law or rejected by the mercantile uses. Infortelecom is authorized by means of the present contract, as of the moment at which it generally has convincing knowledge of the accomplishment on the part of the contracting part of any action or illegal use, to inform of the competent authorities these circumstances and to terminate the service of immediate form. The contracting part will be the only person in charge against any claim or legal action legal, or extrajudicial initiate by harmed third parties, assuming this one all the expenses, costs and indemnifications that, where appropriate, can assume Infortelecom if the claim is directed against this one. The use on the part of the contracting part of the benefit of the service of lodging for the shipment of not asked for massive post office is prohibited specifically (Spamming). Infortelecom receives from different impartial organizations who fight against the use of this type of practical notifications when a user or divides contractor of Infortelecom sends wished mail massively not being harmed Infortelecom since she is damaged his image and prestige. In case Infortelecom receives these notifications, or has certainty by any means of which Spamming is being realised, the technical measures will be adopted necessary to avoid the shipment (p.ej to modify the passwords of the affected services), and will communicate to the contracting part this situation so that, with immediate character, it stops with these bad practices and it adopts the measures necessary to avoid them. Infortelecom will not enter to value if the directions of which the contracting part has sent mail nonasked for were obtained with the consent of their holder but it acts as long as an organization dedicated to the fight against these activities therefore notifies it - these organizations receive the complaints of the people who receive post office nonasked for and therefore if the contracting part does not leave the use of these Infortelecom practices will cancel of immediate form the service and will solve the present contract reserving itself the exercise of whichever legal actions are opportune to defend its interests.

        Also it is specifically prohibited the use of designed programs with the purpose of to cause to problems or attacks in the network. Also any type of entrance or action is specifically prohibited to try to on approval put the security of the servers realising who is not strictly necessary for the benefit on the part of the contracting part of the service.

      3. Banking returns

        By each banking return that takes place by causes imputable to the contracting part - incorrect data, to have given back the receipt in its bank or not to own funds sufficient in the account number or indicated card to carry out the position, Infortelecom will acquire an additional tariff of six Euros, plus the applicable taxes, by each one of the receipts pending payment corresponding to the banking expenses that the return of the payment originates. Infortelecom, as soon as receives from the bank a rejected domiciliation or the return of the position realised in the credit card on the part of the contracting part, will inform it of this one route e-mail so that it is come to the installment of the amount with the surcharge of six Euros, plus the applicable taxes, indicated previously. The installment of the services pending payment must be realised necessarily through banking transference sending later the contracting part voucher of the same to the administracion@Infortelecom.es e-mail.

        If the contracting part does not pay the service within twenty-four hours, Infortelecom will come to restrict the access to the administration of the contracted service, and will redirigir¡ the service either to databasemagic.net or to a specific page that the non-payment situation indicates. Also, Infortelecom while the non-payment situation stays will be able to prohibit the access to the rest of services that the contracting part had contracted until the contracting part compensates the debts that it has with Infortelecom. When a contracting part has realised more than a return of the banking positions conducted by Infortelecom in relation to the services that it has contracted, Infortelecom will be able to determine to its whole criterion that contracting part must pay with indefinite character by means of banking transference all the services that it has contracted in Infortelecom although it has regularized his payments. In the cases in that the contracting part has some monetary balance in Infortelecom, arrival a return of a position, Infortelecom will come with immediate character to compensate the same with the balance available of the contracting part.

      4. Security

        The contracting part will be the only person in charge of the maintenance and creation of its own backup copies on the contents and all the information who lodges in the service. Also, the contracting part will be responsible for the security and confidentiality of the keys with which it accedes to his deprived area to realise the administration of the service and to ask for changes in the same having to keep them in safe place with the purpose of to prevent the nonauthorized access to third parties. The accesses of the contracting part, and their users authorized, to the contents lodged in the Service using external tools to Infortelecom are exclusive responsibility of the contracting part.

      5. Diligence due

        The contracting part takes responsibility to realise all the activities that are required to him with the diligence due so that can be served correctly. With special character, the contracting part must be diligent concerning the renovation of the service.

        The contracting part is responsible for the veracity of its data, committing itself to provide to Infortelecom exact and truthful data of contact and that the same will be updated and corrected whenever it is necessary. Infortelecom puts at the disposal of the contracting part all the means so that it can come to the modification of his data. It is allowed to realise this modification from the private area that has the contracting part in databasemagic.net and to that it accedes by means of the keys obtained when registering itself as user of Infortelecom; for that reason the contracting part must be especially diligent in the guard and guards of these keys.

      6. Guard and safekeeping of access keys

        The contracting part will be the only person in charge of the maintenance and creation of its own backup copies on the contents and all the information who lodges in the service. Also, the contracting part will be responsible for the security and confidentiality of the keys with which it accedes to his deprived area to realise the administration of the service and to ask for changes in the same having to keep them in safe place with the purpose of to prevent the nonauthorized access to third parties.

  8. Protection of personal data

    The hiring of the service regulated in the present Conditions determines the express authorization of Infortelecom Hosting LIMITED LIABILITY COMPANY, as IN CHARGE OF the TREATMENT, to try on behalf of the part contracting, RESPONSIBLE FOR the necessary TREATMENT, data for the benefit of the service. The contracted service is described in the clause second of the present Conditions and will be able to include - in function of the actions asked for by the person in charge the following categories of treatments: the access, the storage, the backup copy, the interconnection or communication, and the erasure when finalizing the service; registering its execution in the corresponding registry of treatments.

    The acceptance of the present Conditions on watch, supposes as well to the acceptance of the Contract of IN CHARGE OF the personal DATA PROCESSING in relation to the benefit of this contracted Service

  9. Communications

    Infortelecom and the contracting part decide to communicate and to notify all the incidences that take place throughout the use of the different services that can have contracted, and preferably previous from any other communication channel, by means of visible and accessible the system of tickets, from the Website. The mail of the contracting part will be the facilitated one in the form of registry of user of Infortelecom in databasemagic.net. The contracting part is committed to have operative east e-mail and to modify it from its private area if it were necessary to continue receiving the communications. In any case, if any urgent problem or failure in the previous communication happened, the communications will be realised by means of telephone, fax, postal mail, mail or any other system adapted to the aim that is persecuted. Nevertheless, the preferred communication channel is the one of the e-mail, being exempt Infortelecom of all type of responsibility that can be derived by the lack from consultation or error in the e-mail facilitated by the contracting part. Each one of the parts will be responsible for the guard and guard of copies of the communications that are realised.

  10. Rights of author and brand

    Infortelecom

  11. ®it is a trademark. It is prohibited the other people's use by any means of the brand of Infortelecom, that includes so much the name as the logo, except for express consent of Infortelecom. They are reserved all the rights. In addition, the website of Infortelecom - the own contents, the programming and the design of the Web site is totally prot©g© by the rights of author, being specifically prohibited all reproduction, communication, distribution and transformation of the referred elements protected except for express consent of Infortelecom.

    Duration

  12. The present contract of benefit on watch will last that the contracting part solicits based on the periods specified for each type on watch in attention to which databasemagic.net is specified in the website. It will always be certainty of the period selected by the contracting part in his private area. In case the contracting part, arrival the expiration date of the service, has activated the automatic renovation of the same this one will be prorogued by the same period, as long as any return or incidence with the payments realised by the contracting part does not exist to carry out that automatic renovation. Infortelecom will warn in advance via sufficient e-mail the contracting part from which it is going away to come to that automatic renovation in order that the contracting part is totally informed into this situation and can, where appropriate, ask for the decontamination of that automatic renovation. The contracting part that it does not have activated this option, if it does not wish to continue with the service simply will have to leave the same expires, in such a way that if Infortelecom does not receive renovation order, the contract expires the same day of the expiration date of the service.

    Resolution

    Infortelecom and the contracting part will be able to give by resolute the present contract by anyone of the causes that settle down in particular in the laws and by the breach of the present General Conditions of the Service. Also some fits the resolution without alleging cause, with an advance warning of fifteen days natural. In both cases, if it solves the contracting part, it will have to ask for the loss of the same from his Deprived Clients Area in the section prepared to it being asked for the loss of the service or contract. In case of resolution without alleging cause, if that solves it is Infortelecom, the amount corresponding to not enjoyed the proportional part will be given back to the contracting part on watch. However, if the resolution without alleging cause is exercised by the contracting part, it will not be generated right to return some.

    In case of breach on the part of the contracting part, Infortelecom will be able to exert its right to resolution with immediate character without needing advance warning in those cases in that the breach can constitute some type of illicit conduct on the part of the contracting part. Also, Infortelecom will be able at any time to suspend or to finalize and without needing previous warning, the benefit of services to the contracting part if it considers that it is realising activities that can affect to the rest of clients and/or who put in danger €“ direct or indirectly the integrity of the infrastructure and/or services of Infortelecom. Otherwise, an advance warning of fifteen days will exist. In case of being solved the contract by the causes anticipated in this paragraph, the contracting part will not have right to any type of return or indemnification, reserving itself Infortelecom the exercise of all the pertinent legal actions for the payment of the indemnifications of damages that by the previous causes could be derived.

  13. In case of breach on the part of Infortelecom, based on the specified thing in the present Conditions, the contracting part will be able to solve the contract with an advance warning of fifteen days, being limited itself the responsibility of Infortelecom, in case of existing a guilty breach, to an objective responsibility that the return of the amount phelp by proportional the contracting part to the service nonenjoyed implies.

    Cession

  14. The service object of the present contract is realised with personal character with the contracting part. Infortelecom admits the cession of the same on the part of the contracting part to a third party as long as this one safely realises the procedure through its private area. Asked for the cession by the contracting part, and accepted by the adressee, the change will not be able to undo; a new cession will only be able to be realised investing the position of the participants. Also, Infortelecom reserves the right to yield its position in the present contract to other companies, always with previous warning of at least thirty days (30) to the contracting part.

    Jurisdiction and applicable Law

    The present General Conditions of the Service are in force by the Spanish legislation. Specifically they are subject to the arranged thing in the following norms: Law 7/1988 of 13 of April, on General Conditions of Hiring; Real Decreto Legislativo 1/2007, of 16 of November, by that the recasted text of the General Law for the Defense of the Consumers and Users is approved and other complementary laws; Statutory law 15/1999 of 13 of December, on Protection of Personal Character data; Law 7/1996, of 15 of January of Arrangement of the Retail Commerce; Law 34/2002, of 11 of Julio, Services of the Society of the Information and Electronic Commerce; Law 16/2009, of 13 of November, services of payment; as well as any other norm that develops them or modifies. On the other hand, to the contracting part of the service object of the present conditions, they will be to him of application the €œGeneral Conditions of use of the website of Infortelecom Hosting LIMITED LIABILITY COMPANY, www.Infortelecom.es€ for all not indicated specifically in the present conditions and as long as they do not contradict them. Also the additional services that can take prepared the services object of the present conditions, as are indicated at every moment in databasemagic.net, will be in force by its specific conditions or reason why, it is indicated at the time in the possibilities of the form of order of the website.

  15. For the resolution of any controversy or conflict that is derived from the present general conditions will be competent the Courts and Courts of Valencia, resigning specifically the contracting part to any other charter that could correspond to him, unless it has the condition of consumer in which case will be competent the forum that corresponds.

    Miscellaneous

  16. In case any clause of the present document is declared null, the other clauses will follow effective and they will be interpreted considering the will of the parts and the same purpose of the present conditions. The present contract is only realised in Spanish. Infortelecom will be able not to exercise some of the rights and faculties conferred in this document, which will not imply in any case the resignation to the same, except for express recognition on the part of Infortelecom. The present General Conditions are registered in the Publication and document record department of Conditions of Hiring to grant transparency and security to all the process.

    1. SLA - Agreement of Level on watch

      Scope of application

    2. The present agreement will be applied to the clients who have contracted the service of servers in Infortelecom, LIMITED LIABILITY COMPANY (in future Infortelecom). The present agreement guarantees to the client the reimbursement from its invoices in the occasions in which Infortelecom, LIMITED LIABILITY COMPANY fails to fulfill the indicated thing according to the terms that are indicated.

      Benefit on watch

    3. 24 hours to the day, 365 days to the year, during the use of the contract on the basis of the €œGENERAL CONDITIONS OF HIRING APPLICABLE TO SERVERS CLOUD of Infortelecom Hosting LIMITED LIABILITY COMPANY€ of which the present document comprises.

      Contact

    4. Infortelecom provides to its client a permanent contact with the technical and commercial support of Infortelecom, either through telephone 91 082 00 73, or through calidad@Infortelecom.es e-mail. In case the client identifies an incidence will be able to contact with the Infortelecom support the 24 hours of the day, 365 days to the year.

      Priorities

      1. In order to offer an optimal response time to him and to be able to solve the doubts and incidences to our clients, a hierarchial structuring of the presented problems and action on the part of the professionals of Infortelecom exists. To all the registered incidences an emergency degree of €œLoss€ to €œCritic€ based on the gravity of this incidence is assigned to them. This priority will be able turns modified once has been evaluated by our equipment. They are excluded the incidences or requests from the gratuitous tests of our plans.

        Baja priority

        • The maximum time of answer is of 12 hours.
        • General questions of use and operation of a certain service.
        • The service is available but it presents problems with little impact.
      2. Suggestions of improvement.

        Normal priority

        • The maximum time of answer is of 4 hours.
        • Installation of components or special configuration of services
        • It is continued investigating the cause of a problem to which previously a stable or temporary resolution has occurred him.
        • The incidence registers in surroundings of tests or pre-production that do not affect to the general service.
        • Loss of functionalities noncritics that do not affect to the normal operation of the service.
        • The incidence does not affect all the users, only to a certain group.
      3. Incidence is intermittent or it does not take place easily.

        Urgent priority

        • The maximum time of answer is of 2 hours.
        • Degradation of essential services that harm to an important number of users (Web, mail, DNS, BBDD, backup, etc.).
        • Degradation of the operation of a servant, affecting to a great number of users.
        • The incidence registers in surroundings of tests or pre-production that do not affect to the general service.

        Restoration of backups and nonaccessible backup copies to the client of independent form.

      4. The client will have to be locatable (email, mobile) and to be abreast of the notifications to be able to have an agile communication. If within 1 hour answer on the part of the client were not obtained the priority can change Normal.

        Critical priority

        • The maximum time of answer is of 1 hour.
        • An important service (Web, mail, DNS, BBDD, backup, etc.) does not work and harms to an important number of users.
        • A servant in production is fallen, he does not start or he is hung constantly and he harmed to an important number of users.
        • The connectivity does not work or is degraded of serious form and harms to an important number of users.

        Loss of information or corrupt information that it harms to an important number of users.

    5. The client will have to be locatable (email, mobile) and to be abreast of the notifications to be able to have an agile communication. If within 30 minutes answer on the part of the client were not obtained the priority can change Urgent.

      Commitment of quality

      The guarantee of the availability talks about to the time in which the Service is available throughout the natural month.
      The availability of the service calculates according to the following formula:

      D = (T - Td)/T

      where:
      D is the up time of the service.
      T is the monthly total time.

      Td is the time with total losses on watch. This time of loss, he will be equal to that passes from the opening of the incidence, until the closing of this incidence.

      Infortelecom guarantees an availability of the Service of 99.5%. In case of real nonavailability of this level on watch, the following penalties will be applied: Monthly availability
      Return of monthly amount < 99.5%
      25% < 98%
      50% < 96%
      75% < 90%

      100%

    6. The time of nonavailability will be entered since the client previously notifies the failure to Infortelecom by anyone of the indicated routes

      Exceptions

      • The clients will not have any return by the possible uselessness of the service when:
      • He is caused directly by the activity of the client.
      • He responds to the accomplishment of maintenance tasks, for which he will let know himself the client in advance, and maintenance in emergency, preferably via email.
      • All those that appear in the General Conditions of the benefit of the service of servers of Infortelecom.
      • The contracting part ignores the recommendations of Infortelecom (it see 6.a.vii) to guarantee the good operation of the Service.

The contracting part knows and accepts especially that Infortelecom cannot guarantee the uninterrupted use of the Services, considering that Infortelecom must take to end routine tasks of maintenance, repairs, reconfigurations, updates and/or improvements of the Services and in attention to the fact that Internet is a decentralized global network of computer science systems, on which Infortelecom does not have control.

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General conditions