General Terms and Conditions of Contract

The present General Terms of Contracting, together with the Particular Conditions that may be established in each case, govern the service provision relationships arising between SOLUCIONES CORPORATIVAS IP, S.L. (hereinafter, identified by the trade name "DonDominio"), and those third parties who contract electronically the services that DonDominio offers under the domain and/or subdomains of "dondominio.com" (hereinafter, the "Services").

SOLUCIONES CORPORATIVAS IP, S.L., is a commercial entity with its registered office at C/ Menestrals, 14, CP 07500 of Manacor, Illes Balears, (Spain), Limited Liability Company established indefinitely in Palma de Mallorca before Notary D. Víctor Alonso-Cuevillas Sayrol and registered in the Mercantile Registry of Baleares, Volume 2120, Folio 0, Book 173, Sheet PM-50105.

These General Conditions may refer to a "party" or to the "parties" to designate individually or jointly DonDominio or the Client.

For all purposes, Spanish will be considered the official language of these General Terms of Contracting as well as the Particular Conditions applicable in each case.

These General Terms of Contracting and the Particular Conditions that may apply in each case, will be permanently available on the website www.dondominio.com

1. Acceptance of these General Conditions

Activating the "Pay Purchase" button through both the DonDominio website and the Control Panel, grants you the status of "Client" and expresses full and unreserved acceptance of these General Terms of Contracting and the Particular Conditions of the requested Services, as provided electronically by DonDominio prior to activating the aforementioned button.
We kindly ask you, before contracting any of the services we offer on this website, to carefully read the Particular Conditions of the service of your choice, including the technical, operational, and functional characteristics of the services, as well as the applicable rates in each case.

2. Purpose and scope of contracting

2.1. These General Conditions regulate the contractual terms of the provision of the Services and the compensation owed by the Client to DonDominio, as well as the use of the Services by the Client. Provision of the Services will be carried out through the obtaining, provision, organization, employment, and management by DonDominio of the necessary technical, human, and operational resources, always as compensation at the prevailing prices at any given time.

2.2. DonDominio provides hosting or storage services for web pages and communications (email), mediation services for the registration of domain names, and provision of SSL security certificates. Unless expressly stated otherwise, all Services offered by DonDominio will be governed by the General Conditions set forth here and the Particular Conditions that apply to each of the Services.

3. Contracting

3.1. The Services may be contracted by natural persons of legal age and legal entities. In the case of a legal entity, the contracting of the Services must be carried out by a proxy or legal representative of the company, duly authorized. In the case of natural persons, they must prove their legal age.

3.2. The Client is responsible for ensuring that the data provided during the registration or contracting process of the Services is true and accurate, committing to inform DonDominio of any modification or inaccuracy, especially the information necessary for managing the contracted services. The Client may, at any time, from the panel associated with their user account, modify the provided data.

3.3. DonDominio reserves the right to accept or reject any contracting if it verifies that the data provided is false or inaccurate, if the request could damage DonDominio's image, or if the applicant owes payment for any previously contracted service with DonDominio.

3.4. The contract will be understood as accepted by DonDominio when the applicant receives confirmation of it or when DonDominio activates the contracted Services.

4. Rights and Obligations of DonDominio

4.1. DonDominio undertakes to provide the Services in accordance with the terms established in the Contracting Conditions and to have the necessary technical means to ensure the uninterrupted provision of the Services.

4.2. Similarly, DonDominio will endeavor to activate the Services at the agreed time and conditions in the applicable Particular Conditions. However, DonDominio will not be responsible for circumstances or events beyond its control, such as delays or malfunctions attributable to third-party operators, acts or omissions of both national and international Authorities or control bodies, and fortuitous or force majeure events.

4.3. Furthermore, DonDominio will be entitled to charge the Client for the provision of Services; demand from the Client, at any time, the delivery of an endorsement or make a bank deposit to guarantee the obligations assumed by the Client during the term of the service contracting conditions; make technological changes or improvements to the provided Services; and interrupt them to carry out all tasks deemed necessary and/or appropriate for improvements and/or restructuring, as well as for maintenance operations, which will be notified to the Client, whenever possible and with reasonable notice.

5. Rights and Obligations of the Client

5.1. The Client will have the right to use the contracted Service under the terms and conditions assumed in the Contracting Conditions.

5.2. Right of Withdrawal: In relation to what is provided in the Spanish regulations for consumer protection and the Directive 2011/83/EU of the European Parliament and of the Council of October 25, 2011, on consumer rights, the Client is informed, and expressly accepts that, given the characteristics of the contracted services and the automated procedures used, there is a simultaneity between the service request and the start of contract fulfillment, as well as a personalization of the same (domain name choice). In this respect, once DonDominio has started fulfilling the provision of the service, the Client may not opt out of the contracted service, notwithstanding that the Particular Conditions of each service may state otherwise.

5.3. Obligations: The Client must comply with the payment obligations as per agreed terms and conditions; cooperate with DonDominio to enable Service provision by facilitating, when necessary, the required technical data and information; observe all rules that DonDominio may impose regarding the use of its facilities and resources, as well as the general policies and terms of use applicable to all provided Services and listed in the Usage Policies webpage, which form part of this contract by reference; not use the Services for activities contrary to the law, morality, or public order, nor to use the Services for illicit, prohibited, harmful purposes or effects, disclaiming any responsibility that may derive from it on DonDominio.

6. Price, Billing, and Payment of Services

6.1. As consideration for the Services provided, the Client will pay DonDominio the amount resulting from applying the prices indicated at any given time on www.dondominio.com (VAT Not Included). The Client must also pay DonDominio the amounts that arise from the Client's use of the Services exceeding the initially contracted storage capacity, transfer/connectivity, backup, etc.

6.2. Billing for the Services will commence, indistinctly, on the day DonDominio accepts the contract or when the effective activation of the contracted service occurs. Billing will be made against the Client based on the fixed prices and/or any applicable revisions.

6.3. Services will be billed annually and in advance for activation and renewal fees and on an ad-hoc basis when capacity or transfer excesses occur, in accordance with the Particular Conditions of each service.

6.3. Non-Payments: In case of return, delay, or non-payment of bills, DonDominio may suspend, at any time and without prior notice, totally or partially the Services. Also, any overdue and unpaid invoice will, from the expected payment date, accrue interest at the legal reference rate plus two (2) percentage points.

7. Duration and Termination

7.1. Duration: Unless otherwise established in the Particular Conditions of each service, the contractual relationship between DonDominio and the Client will enter into force, indistinctly, on the day DonDominio communicates the acceptance of the contract to the Client or on the day DonDominio activates the contracted service, and will have the initially defined duration in the Particular Conditions of each Service from the activation of the same.

7.2. Before the end of the initial duration period, the Client must renew the contracted Services following notification in this regard by DonDominio, unless the contract is resolved according to the terms provided in these Conditions, or a termination is requested.

7.3. Notwithstanding the above, the Client who wishes to migrate the contracted Service to a higher-level plan or tariff may do so at any time, simply by notifying DonDominio of such intention.

7.4. Termination: These Contracting Conditions in relation to the Particular Conditions of each applicable service will end due to the reasons admitted in both the Civil and Commercial Code and, specifically, by the following: (i) by mutual consent between the parties expressed in writing and, (ii) by early resolution of the Contracting Conditions provided that the Client communicates to DonDominio in writing, through their Client Area, their intention not to continue with the services.

7.5. In any case, the termination of the contractual relationship will not exonerate the parties from fulfilling pending obligations if there are any.

7.6. Without prejudice to all of the above, the Parties may terminate the relationship at any time, if the other party: (i) seriously or repeatedly breaches the obligations assumed in this document; (ii) goes into voluntary or compulsory liquidation, (iii) in the event of any other circumstance provided for in the laws.

7.7. If the CLIENT's breach is cause for contract resolution, DonDominio reserves the right to terminate the present contract early and, therefore, to deprive the CLIENT of the contracted product without prior notice and without the CLIENT having the right to compensation or refund of any amount.

7.8. In the event of resolution or termination of the contract, for the above-stated reasons or any others allowed by law, the CLIENT must fulfill the obligations assumed before the contract resolution against DonDominio and third parties.

8. Liability Regime

8.1. DonDominio will only be liable for direct damage suffered by the Client that has been directly caused by DonDominio. DonDominio will be exempt from any type of liability towards the Client or third parties for actions or omissions directly attributable to the Client in using the Services. Except in cases of willful misconduct by DonDominio, it will not be responsible for damages, loss of business, income or profits, consequential damage, loss of profits, or business opportunities.

8.2. DonDominio will not be liable for problems arising from lack of access or connectivity to the Internet or power networks when they originate for reasons beyond its control or could not have been reasonably foreseen or are considered as fortuitous events or force majeure.

8.3. In any case, DonDominio's liability derived from these Contracting Conditions will be limited to the sum of all amounts paid by the Client during the last six (6) months preceding the incident causing the damage.

8.4. DonDominio is wholly unrelated to and does not intervene in the creation, transmission, or availability and exercises no prior control nor guarantees the legality of content transmitted, stored, disseminated, obtained, made available, or accessible through the Services, disclaiming any liability that may arise from it.

8.5. To prevent and prosecute violations that DonDominio may be declared a civil subsidiary liable, the Client expressly authorizes DonDominio to provide data and access to content or the Services when required by the police, judicial or administrative authority during any investigation or proceeding.

8.6. The Client is solely responsible for any claim or legal action, judicial or extrajudicial, initiated by third parties against them or DonDominio relating to the infringement of third-party rights and/or applicable regulations arising from the use of the Services in any form by the Client, assuming all expenses, costs, and indemnities imposed on DonDominio due to such claims or legal actions.

8.7. The Client is solely responsible for using the Services, for fully complying with any applicable regulations regarding using the Services, including but not limited to, Data Protection regulations, consumer and user protection, advertising, confidentiality, communication secrecy, and privacy rights. In this regard, the Client agrees to take appropriate measures to prevent any unlawful intrusion into the privacy of individuals or third-party reputation violations.

8.8. The Client warrants and holds responsible third-party rights that the information transmitted or stored in any form through or in the contracted Services belongs to the Client or has rights or authorization from the third-party owners to use it in or through the Services. In this regard, the Client undertakes to indemnify DonDominio for any claim that, for these reasons, might be made.

8.9. The Client will be liable for illicit use of the Services, transmission, or dissemination of materials or content that violates current legislation, and the publication of content or materials without necessary licenses and/or permits as per industrial or intellectual property laws. For these purposes, the Client acknowledges DonDominio's right to delete, cancel, suspend, or block access to such materials.

8.10. Force Majeure: Neither party will be responsible for delays in the execution of its obligations or non-performance (except non-payment of the other party) if this non-performance was motivated by fortuitous events or reasons of force majeure in accordance with Article 1105 of the Civil Code. This circumstance will be communicated to the other party as soon as possible. Performance deadlines will be extended at least for the duration of the force majeure cause. If the force majeure lasts for more than three months, either party may resolve these contracting conditions without prejudice to fulfilling owed payment obligations up to the prior date.

8.11. The fortuitous cause or force majeure events, as well as the termination of the contracting conditions based on the above, will not exonerate the CLIENT from fulfilling payment obligations pending until the service interruption date.

9. Modifications

9.1. DonDominio reserves the right to modify the characteristics and conditions of its products and services, improving, expanding, and adapting them to technical innovations that occur, as well as to technical and/or organizational, management, and administration needs of DonDominio.

9.2. When these modifications affect service provision or the technical and/or economic conditions thereof, they will be communicated to the Clients through online notices in the Client Area or Control Panel and the DonDominio website. These modifications will be incorporated into the Contracting Conditions of the product or service concerned and also communicated in writing to the Client, who will have a period of 14 calendar days to consider if these modifications are contrary to their interests and, consequently, exercise their right to unilaterally resolve the General and Particular Conditions affected by the modification and obtain the refund of the proportional part of the periodic quota paid for the services. If this period passes with no contrary notice from the Client, they will be considered fully accepted by them.

9.3. As a result of technological advances and with the exclusive purpose of guaranteeing service quality and security, DonDominio reserves the right to install on its servers and offer its clients the versions of operating systems, applications, or features it considers most appropriate in each case.

10. Intellectual and Industrial Property

10.1. DonDominio owns all intellectual property rights and other rights related to the implementation and commercialization of the contracted products and services.

10.2. Each party recognizes the ownership of the other or any other third parties concerning all their intellectual, industrial property rights, and other similar rights over elements, technology, know-how, trademarks, logos, and any other element, creation, invention, or distinctive sign of their property.

11. PERSONAL DATA PROTECTION POLICY

11.1. Regarding personal data that the Client provides to DonDominio for contracting and economic management of the Services and inquiries or communications of any kind related to managing them, the Personal Data Protection Policy published at the following link will apply: Privacy Policy.

11.2. In addition to the above, when as a necessary consequence for providing the Services, DonDominio is considered the "data processor" and the Client the "data controller" under current legislation on the matter, the Particular Conditions of the service concerned will incorporate the corresponding Data Processing Agreement provided for in the legislation.

12. Jurisdiction and applicable law

12.1. Any disputes, discrepancies, controversies, questions, or claims resulting from the interpretation, execution, non-compliance, termination, or nullity of these General Terms of Contracting or related to them, directly or indirectly, will be resolved by applying Spanish law.

12.2. Both parties will do everything reasonably necessary to try to amicably resolve conflicts, although, on a subsidiary basis and if necessary, the parties submit, with express waiver of any jurisdiction that could correspond to them, to the Courts and Tribunals of Manacor (Islas Baleares) if the Client were a legal person; and to the corresponding Courts and Tribunals with the Client's domicile if the latter can be considered a consumer or user according to Spanish law.

12.3. As a prerequisite to the commencement of litigation, DonDominio and the Client undertake to negotiate in good faith to resolve the dispute or controversy for a period of one (1) month from the date one of the parties notifies the other in writing of their potentially litigious claim.