Legal conditions


General conditions of Hiring of Housing

By means of this document the General Conditions of Hiring settle down applicable to the benefit of the service of HOUSING) (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 are reiterated along with a summary of the specific request - model of specific servant, 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 locate in its facilities a servant or device property of the contracting part and to give a series to him of additional services (to see clause 3) for the maintenance of that servant/device in exchange for a certain remuneration and based on the Conditions that next settle down. The servant model/device of the contracting part and the possible additional hardware will come strictly specified by the own part contracting and verified by fixed Infortelecom being through the leaf from conformity.

  3. Characteristics of the Service

    1. Rent by space unit (in future U)

      The contracting part will indicate how many Or it needs altogether based on the concrete shipment of hardware that realises. Each Or it will include by defect the characteristics that are specified in Annex I of the present conditions (in future, Annex I). The price by Or will come certain in referred Annex I, as well as in the section of prices that exist in databasemagic.net

    2. Additional electricity

      The contracting part will have to extend the electricity that is offered by defect with each Or which it is contracted if the characteristics of the hardware on which it is realised the service of housing therefore require it. The prices of the additional electricity will come specified in Annex I, as well as in the section of prices of databasemagic.net. If the contracting part does not ask for this additional electricity, at the moment that Infortelecom receives the servant will make a verification of the electrical consumption of the same, invoicing to the client, where appropriate, the additional electricity that corresponds. In case the contracting part is not in agreement with this pricing to majors the client will be able to take refuge in the clause of dropping of the claim of the present conditions (to see clause 5.b.).

    3. Connectivity

      Each Or it includes by defect the connectivity of 1Gbps. The contracting part will be able to ask for one second taking of network based on which specific in Annex I.

    4. Traffic transference

      The total consumption of traffic consumed by servant will always invoice to month overcome on the basis of the consumed transference effectively and based on the tariffs that consist in Annex I. The unit of measurement is the Gigabyte. Infortelecom will be able to interrupt the service when the contracting part does not pay these amounts in the indicated period (to see clause 5.b.vi.).

    5. Professional Firewall

      The contracting part will choose if it wishes this service or not based on the tariffs that are specified in Annex I. The additional service of fire-guards of Infortelecom allows to ask for the configuration of up to 10 customized rules in the central fire-guard of Infortelecom with the purpose of forming the accesses to the different services and networks as the contracting part wishes. The contracting part will be able to ask for the initial configuration of up to 10 rules and soliciing up to 2 requests of change of configuration to the month.

    6. Technical support and monitoring

      The technical support lent by Infortelecom will be limited connectivity questions. The contracting part affirms to have knowledge sufficient to administer the servant in housing since Infortelecom does not render at any moment has supported on the administration of the servant nor on the use or installation of programs, lodging of websites or any other application that have the installed contracting part. That is to say, Infortelecom rents the physical space in its facilities to the contracting part so that this one has its servant but it must of being the own contracting part that completely administers the same without needing help on the part of Infortelecom. Still in the case of connectivity, if the incidence is directly imputable to the contracting part the action of Infortelecom will be able to suppose an added cost that it will invoice by the general system of technical interventions. That is to say, that the monitoring that is realised of these servers is basic, limiting Infortelecom the shipment of an e-mail to the contracting part in case his servant stops being in favor available of any cause.

      If the incidence had to some problem of hardware, the contracting part will be able to choose between the following options:

      • To solicit to Infortelecom that repairs to hardware using spare parts property of Infortelecom. Infortelecom will send a budget or invoices pro forma to the contracting part where the cost of concrete hardware will consist to use and the cost of the repair makes specific that it will be realised by the general system of technical interventions. Infortelecom can not have the pieces that the contracting part needs or, by the characteristics of specific hardware can be impossible to realise the repair, therefore, this option not always will be viable although Infortelecom will try to manage the purchase of the possible pieces in case of not owning them if the contracting part therefore asks for it.
      • To solicit to Infortelecom that uses the spare parts that previous or later the contracting part has given to Infortelecom. In this case the contracting part will be able to choose that the repair realises a technician of Infortelecom or a technician sent by they themselves. If the technician is sent by the contracting part, technical by Infortelecom they will permanently accompany this technician while the repair lasts and this time of support will invoice to the generic price of technical interventions.
    7. Installed programs, administration and security

      The software that the servant contains will come installed and formed by the contracting part. Infortelecom will not realise any type of configuration nor update of software, it does not administer the servant nor it accedes to the same without consent of the contracting part that will have to give the keys to facilitate the access to the servant and the concrete action to realise in case outside necessary and the contracting part therefore asked for it. The contracting part thus assumes as much the configuration of software as its future management in everything what it talks about to the necessary updates. 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 programs that the contracting part has installed or wants to install in the servant in housing. The contracting part therefore, is the only person in charge of the security of its servant

    8. Service of technical interventions or remote hands

      Infortelecom puts at the disposal of the contracting part technical services advanced in the systems management with the purpose of to solve technical problems, problems in the installation of programs realised by the contracting part or in the configuration of the same, as long as it is possible by the concrete characteristics of the action to realise. The cost of the technical interventions is specified in Annex I. In case the intervention lasts one hour less than but more half an hour the section will be received always superior. For the calculation of the time of duration of the technical interventions the contracting part will have to send an email from the mail account that appears in its data of user as authorized specifying the date, hour of home and action makes specific that the intervention must be realised and will be as of that moment from which the time of total duration of the intervention is entered that, as it is logical finishes when the incidence or request makes specific takes to end correctly.

    9. Resources of the system, technical and legal capacity of storage and restrictions

      The contracting part affirms to know and accepts that certain technical and legal restrictions exist that appear specified so much in the present conditions as in other conditions of Infortelecom which they are from application to this service. Concretely and without restrictive character the accomplishment of any type of illicit activity in the servant or any type of activity is prohibited that damages or harms rights of third parties. Also specifically the accomplishment of any type of action that is prohibited supposes an abuse of the resources put at the disposal of the contracting part on the part of Infortelecom (to see clause 3) or that they can suppose a danger for the integrity of the systems of Infortelecom.

    10. Management of IP

      With all the modalities and plans 1 fixed IP is included. 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. Infortelecom reserves the right to accept or to deny the requests of more IP if it considers that its necessity is not properly just. Infortelecom, previous warning, will be able to modify directions IP assigned to the contracting part, all this with the purpose of to assure the continuity and good march the service. The configuration of the IP is including the cost of the discharge and implementation of the service and to realise it the contracting part will be able to choose by:

      • To send the keys of administration of the servant so that Infortelecom can realise the configuration of network of the equipment as soon as arrives at the facilities of Infortelecom.
      • To form the same the IP at the moment at which it registers the service and it pays the corresponding amount so that Infortelecom sends these IP to him, having the contracting part to include in the label of the equipment this data (to see clause 5).
    11. Management of IP

      Infortelecom puts at the disposal of the contracting part a series of additional services that will be in force if so by their specific Conditions. Infortelecom informs specifically to the contracting part that, safe in the case is contracted specifically as additional service, the service of housing in no case includes backup copies or backups, being therefore the contracting part, if it does not ask for this service, the only person in charge of the loss of data or any program lodged in the servant. The service of Backup de Infortelecom is in force by its specific General Conditions of Hiring.

      In the case of licenses of panels as Plesk or cPanel Infortelecom acts as remarketer of the same and therefore the conditions on watch will be those that the propietary company without having Infortelecom establishes responsibility on this type of services. This norm prevails for any additional service in which Infortelecom is not directly the lender of the service.

  4. 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.

        To majors the panel includes the possibility of realising the electrical resumption of the servant and the control of the traffic that generates the same.

      2. Installation and connection

        The installation of the servant of the contracting part in the facilities of Infortelecom and their connection to the Internet network with the concrete characteristics that the contracting part has solicitd.

      3. 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 or other that are to him of application and, very especially, when the contracting part is committing some type of illicit activity, harming right of third parties or it does not pay to the service or the additional costs of the same. The interruptions on watch that talk about to anyone of the causes of the present clause will not, where appropriate, give rise in any case to an indemnification to the contracting part reserving to Infortelecom the exercise of the criminal actions that are pertinent.

      4. 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 warning the contracting part of the changes to realise to continue enjoying the service. The warnings on updates will appear in the applications that the contracting part owns to administer the services and could also be sent through e-mail.

        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.

      5. 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 and/or from the dedicated servant contracted 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 the servers modality Administered, 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. Also, Infortelecom will 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, contract additional services, or take the opportune measures to avoid incidents in the installed services.

      6. Changes of plans

        In case the contracting part wants to change of dedicated servant, or Infortelecom would indicate to him - in base to the present Conditions that must change to a servant of characteristics superiors, the contracting part in addition to paying the difference of cost of the service will have to pay some administrative expenses and of management to a fixed cost of sixty (60) Euros. The contracting part initially will have to pay to the total amount of the plan superior to contract and Infortelecom later will issue a rectifying invoice of the plan inferior paying to the contracting part the time in which it has not enjoyed that plan inferior. In case the contracting part wants to change to a plan inferior of which it owns will not exist right to no return.

        In case the change is wanted to realise between Administered servers, and the contracting part wants that Infortelecom realises the transfer of hosting or lodgings Web that it had in the servant, this service will have an additional cost of three (3) Euros by each hosting transferred, unless the contracting part had previously phelp the sixty associated Euros to the change of dedicated servant €“ it conforms to the previous paragraph, which will give a balance him of gratuitous transfers by a twenty total of hosting.

    2. Responsibilities

      Infortelecom besides other exonerations of responsibility indicated in the present General Conditions of the Service and other that 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 of the services that the contracting part has lodged in its servant as can be hostings, e-mail, programs or any service that the contracting part has implemented in its servant; of the errors, delays in the access, or any anomaly that must to problems of connection of the contracting part or general character to 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. The contracting part is the one who administers the servant exclusively and the activities that in the same can realise are responsibility hers. In case of needing help the contracting part will be able to ask for the service of technical interventions.

  5. 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 contracting part will have to pay, in addition, the amount associated to the discharge and implementation of the service in accordance with clause 2 of these Conditions, which includes unpacking, verification and effective installation of the servant and configuration of IP. Also, all the expenses derived of the shipment from the servant by the transport company run at the expense of the contracting part that it chooses, as well as I resend of the same in case of being necessary (to see clause 5.b).

        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.

      6. Excesses of transference and space

        In case the contracting person surpasses the maximum capacity of transference, based on the characteristics of the contracted specific service, Infortelecom will invoice to the consumed excess the month following to which this had taken place, by virtue of the economic conditions set out in the section of tariffs or prices in the website databasemagic.net. Infortelecom also will indicate to the contracting person the convenience of changing to a plan superior that adapts completely to its needs. Infortelecom will be able to interrupt the service in case of lack of payment of the excesses consumed by the contracting person.

    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.

    3. Responsibilities

      1. Contents

        The contracting person specifically assumes all the responsibilities by the contents lodged in her 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 person introduces. Infortelecom, at the moment at which it has convincing knowledge of the introduction on the part of the contracting person 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. 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

  7. 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.

  8. Rights of author and brand

    Infortelecom

  9. ®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

  10. 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.

  11. 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

  12. 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.

  13. 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

  14. 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 to the service of servers in Infortelecom Hosting LIMITED LIABILITY COMPANY (in future Infortelecom). The present agreement guarantees to the client the reimbursement from its invoices in the occasions in which Infortelecom Hosting 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 HOUSING 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.

      1. Typology of incidences

        Incidences of network

        Infortelecom guarantees an availability of Network of the Service of 99.9%%. In case of real nonavailability of this level on watch, the following penalties will be applied: Monthly availability
        Return of monthly amount < 99.9%
        5% < 99%
        25% < 98%
        50% < 96%
        75% < 90%

        100%

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

        Incidences of hardware/software in the servant

        Infortelecom assures that a qualified technician will be available to respond to the incidences of the client in a maximum time of two (2) hours during the schedule of 9:00 h to 22:00 h of Monday through Friday and five (5) hours in the rest of schedules, to tell from that the incidence is notified by some of the indicated routes previously.

    5. The breach of the response time on the part of Infortelecom gives right the client to demand the three percent (3%) monthly by hourly of delay of the amount of the invoice of the concrete servant who originates the incidence.

      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.

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General conditions