Hosting Services Contract

‘The purpose of this document is to define the Specific Terms and Conditions for the provision of shared Hosting services, which are specified below, and are considered a complement to the General Terms and Conditions of Contracting published and in force at any given time on the website www.dondominio.com. Both these Specific and General Terms and Conditions shall be expressly and jointly accepted when contracting the services offered at www.dondominio.com. In case of any discrepancy between these conditions and the general conditions, the specific ones will prevail.

The General and Specific Conditions, together with additional information on the technical and/or economic characteristics of the product or service contracted by the Client, and the Personal Data Protection Policy published on DonDominio's website, constitute a unified set that binds the parties.

1. Identification of the parties signing this agreement.

1.1. On one hand, the entity SOLUCIONES CORPORATIVAS IP, S.L. (hereinafter identified by the trademark "DonDominio"), with N.I.F. no. B57333601, located at C/ Menestrals, 14, Manacor-07500, Illes Balears, Spain, a Limited Liability Company established in Palma de Mallorca before Notary D. Víctor Alonso-Cuevillas Sayrol, registered in the Mercantile Registry of Baleares, Volume 2120, Folio 0, Book 173, Sheet PM-50105.

1.2. On the other hand, the contractor (hereinafter, "Client"), a natural or legal person who completes the contracting form enabled for this purpose on DonDominio's website, and who, by doing so, declares to know and freely accept, after having been informed of the technical and economic characteristics, their functioning, the General Terms of Contracting, and these Specific Conditions.

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

2. Definitions.

2.1. Domain Name: a set of characters that through DNS identifies an address (IP) on the Internet. A given server may have more than one Domain Name, but a specific Domain Name is only attributed to one server.

2.2. IP (Internet Protocol): Protocol for communication over a switched packet network.

2.3. Servers: computer equipment owned or leased by DonDominio where data and information entered by the Client are stored or hosted within the Hosting Plans offered.

2.4. Hosting Plans: space on servers owned by DonDominio, where the client's domain name and hosted content are located, managing the resources and applications of the plans offered by DonDominio and which are updated on the DonDominio website. The Hosting Plans governed by these Specific Conditions offer shared hosting on DonDominio servers, meaning several websites belonging to different Clients are hosted on DonDominio-owned servers and resources.

2.5. Control Panel: tool developed by DonDominio from where the Client manages the resources and applications available in the contracted Hosting Plan.

2.6. Client Area: tool developed by DonDominio assigned to each Client which allows, among other actions, to contract and manage their products, consult issued invoices, update billing details, access the control panel, and make authenticated requests, ensuring each order provokes the necessary technical and administrative actions to develop the required action.

2.7. Personal data: any information concerning an identified or identifiable natural person ("data subject"); a person whose identity can be determined directly or indirectly, especially by reference to an identifier, such as a name, identification number, location data, an online identifier, or one or more elements unique to that person's physical, physiological, genetic, psychological, economic, cultural or social identity will be considered an identifiable natural person.

2.8. Processing: any operation or set of operations performed on personal data or sets of personal data, whether by automated means or not, such as the collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise available, alignment or combination, restriction, erasure or destruction.

2.9. (The Client), Data Controller or "controller": the natural or legal person, public authority, agency, or other bodies which, alone or jointly with others, determines the purposes and means of processing.

2.10. (DonDominio), Processor or "processor": the natural or legal person, public authority, agency, or other bodies that process personal data on behalf of the controller.

3. Object

This document aims to define the Specific Terms and Conditions for the provision, access, and use by the Client of the (Plans) Shared Hosting services specified below, as well as the conditions and manner of remuneration by the Client to DonDominio for the service provided.

4. Hosting Plans regulated in these Specific Conditions.

The conditions set forth in this agreement shall apply to the following Hosting Plans:

4.1. Hosting Plans

• Redirection and parking
• Mini
• Mail
• Mail Plus
• Mail Pro
• Basic
• Professional
• Advanced
• Corporate

Similarly, these Conditions may apply to any other Hosting Plan that DonDominio may develop in the future, which meets the characteristics of shared hosting on servers owned or leased by DonDominio and is not included in the aforementioned list.

4.2. DonDominio's website, at Hosting, contains updated information about the technical characteristics of each Plan. In any case, the resources and applications available for each Hosting Plan will be those published on the DonDominio website at any given time.

4.3. DonDominio reserves the right to modify the characteristics and conditions of the Hosting Plans regulated by these Conditions, in accordance with the provisions of the General Terms and Conditions of Contracting. In any case, any modification affecting the Hosting Plans or the provisions of these Conditions will be deemed notified once such changes are published on DonDominio's website.

4.4. The Client may at any time hire any other higher Hosting Plan than the previously contracted one from their client area, paying the proportional part that remains to be consumed of the new Plan. The upgrade to a new Hosting Plan does not imply any change in the expiration date of the previously contracted Hosting Plan. Downgrading to a Hosting Plan with lower resources and prices cannot be done except at the time of renewing the previously contracted service.

4.5. To contract a Hosting Plan, the Domain Name must be managed by DonDominio.

4.6. During the thirty (30) days warranty period provided in clause 7 of this contract, the Client may associate the Hosting Plan with a new Domain Name registered in our platform. Once the aforementioned period has elapsed, the Client will not be able to link the contracted Hosting Plan to any other Domain Name. In case of opting for this possibility, the Client should take into account that it implies the complete loss of the data or contents hosted up to that moment, so before proceeding with the change, the Client must safeguard the data or contents that have been hosted under the contracted Plan until that moment.

4.7. All Hosting Plans marketed by DonDominio and mentioned on its website or in this contract are offered under the LINUX operating system. The Client can manage and administer the resources and applications of the contracted Hosting Plan using the "Control Panel" tool.

4.8. In those Hosting Plans featuring applications selected by DonDominio, such as WebFTP, WebMail, or for website creation, the Client agrees and respects the licenses of each application. Applications are provided as-is, and no claims are accepted regarding them. DonDominio will not provide functional or technical support beyond what is already provided for the contracted Hosting Plan.

DonDominio will not be responsible for the applications' correct functioning, security, and/or compatibility, as they may interfere with other programs that the Client has already installed on their Hosting Plan.

DonDominio reserves the right to provide the application version it considers most appropriate, as well as to modify the applications available for each Hosting Plan at any time based on new versions or detected vulnerabilities, without notifying the Client of such changes.

4.9. Limitations due to excess transfer: To ensure the highest service quality, DonDominio limits the monthly transfer volume of Hosting Plans to the Client's contracted capacities. The Client can check their consumed transfer volume in their Client Area using a tool provided for this purpose. Additionally, the Client can monitor transfer flow through statistics accessible from the control panel.

4.10. It is the Client's responsibility to properly manage their contracted monthly transfer volume to avoid exceeding it by taking the technical measures they deem appropriate in managing and administering the Hosting Plan service, as well as in managing the specific hosted content.

4.11. Whenever technically possible, DonDominio will attempt to notify the Client of potential traffic excess through notifications in the Client Area or via the email provided by the Client for billing purposes. Nonetheless, this alert system never substitutes the Client's responsibility to properly manage their service quota, given the technical specifications of the platform, real-time functionality is not guaranteed, and alerts sent to the Client may arrive after detecting the transfer excess.

5. FAIR USE POLICY

5.1. The Client acknowledges and agrees that the use of the Web Hosting Service provided by DonDominio is subject to this Fair Use Policy (hereinafter, "the Policy"). The objective of this Policy is to ensure the integrity, security, and operation of the Web Hosting Service, protect system resources, and ensure a fair and equitable user experience for all clients.

5.2. Although DonDominio may market certain Web Hosting plans with the most extensive features, functionalities, or capabilities available at any given time, the Client understands that the service is subject to reasonable limits to ensure proper operation and fair resource distribution among all clients. These limits are set based on reasonable and typical use of a web hosting service.

5.3. DonDominio reserves the right to monitor and limit the use of system resources, including but not limited to, bandwidth, disk space, memory, and CPU capacity, to ensure compliance with this Policy. Should DonDominio determine, at its sole discretion, that the Client is using the Web Hosting Service in violation of this Policy, DonDominio may take corrective measures, including but not limited to, limiting, suspending, or terminating access to the Web Hosting Service, as well as requesting the Client to reduce their use of the Service.

5.4. Similarly, to ensure the highest service quality, DonDominio limits the monthly transfer volume of Hosting Plans to the Client's contracted capacities. The Client can check their consumed transfer volume in their Client Area using a tool provided for this purpose. Additionally, the Client can monitor the flow transferred through statistics accessible from the control panel.

5.5. It is the Client's responsibility to properly manage their contracted monthly transfer volume to avoid exceeding it, by taking the necessary technical measures they consider appropriate in managing and administering the Hosting Plan service, as well as in managing the specific hosted content.

5.6. The Client agrees not to use the Web Hosting Service to: 5.6.1. Generate data traffic or system resource consumption that, at DonDominio's discretion, is excessive or negatively impacts other clients, DonDominio's network, or the quality of the Web Hosting Service. 5.6.2. Engage in activities that violate any applicable law or regulation, including but not limited to, copyright, intellectual property, data protection, and privacy laws. 5.6.3. Participate in activities involving unsolicited email spam, phishing, brute force attacks, DDoS attacks, malware, viruses, or other malicious programs. 5.6.4. Use the Web Hosting Service to store, distribute, or transmit illegal, defamatory, obscene, offensive, discriminatory, threatening, or hate-inciting material. 5.6.5. Use the Web Hosting Service for activities that may damage the reputation of DonDominio, its employees, directors, partners, or suppliers.

5.7. Due to the shared equipment nature of the Hosting Plans, DonDominio will have technical standards that the CLIENT must adhere to when developing and/or managing their Hosting Plan. Failure to observe this obligation may permit DonDominio to suspend or terminate the Client's services at any moment and without prior notice if it considers the Client is engaging in activities that could affect other clients and/or directly or indirectly endanger the integrity of DonDominio's infrastructure and/or services.

5.8. DonDominio reserves the right to modify this Policy at any time without prior notice. The Client is responsible for periodically reviewing this Policy to be aware of any changes. The continued use of the Web Hosting Service by the Client following any modification's implementation in this Policy will constitute acceptance of such modification by the Client.

6. Prices and payment methods.

6.1. The prices of the Shared Hosting Plans included in these Specific Conditions will be those displayed at any given time on the DonDominio website Products and will be applicable at the time of contracting.

6.2. Payment for the services subject to this contract is made in advance, and DonDominio will accept the following payment methods:

• Credit/debit card
• PayPal
• Bank Transfer

6.3. The service provision period is annual; therefore, the Hosting Plan will be charged annually, and the service will only be provided by DonDominio once payment is received.

6.4. All prices displayed on the DonDominio website, mentioned in various sections of this contract, are subject to corresponding taxes. DonDominio will issue the corresponding invoice detailing all the concepts that comprise said invoice.

6.5. In case of the return of any invoice presented for payment, DonDominio will apply an additional cost of 3 euros to the Client for each return attributable to the Client. Should payment issues persist, DonDominio reserves the right to suspend service provision without prior notice until those issues are resolved. If, after prior notice and service suspension, the Client does not settle the outstanding payment, it will lead to definitive service cancellation, with the consequent data deletion and without the right to any claim for not fulfilling the contract. This will prevent the Client from contracting new services with DonDominio, canceling their Client account, and all contracted services.

6.6. In cases where, according to these Conditions, there is an excess in the initially contracted monthly data transfer volume by the Client, they can choose between service suspension during the month in which the excess occurred or paying the resulting excess amount at the base price of 0.50 euros per additional GB segment. DonDominio has established an alert system that automatically notifies the CLIENT of traffic excesses in their hosting plan. In any case, the website will be operational at the start of the new month.

6.7. At the end of the current month, an invoice for the excess in the monthly transfer volume will be generated, which the Client must pay within ten (10) calendar days following the invoice date. If the Client does not make the payment within the indicated period, the service provision will be suspended, with prior notice, until such payment is made.

6.8. If the Client requests a refund of their "Account Balance," a bank transfer will be made unless it is refundable in the same form of payment used for insertion, to the account number provided by the Client, deducting €3 for management fees of the refund operation. If the "Account Balance" has been consumed and a refund is requested, it will be made after 60 days from the last balance insertion date.

7. Commencement, duration, and Renewal.

These Conditions will enter into force the day DonDominio activates the contracted service once the Client has requested it through the contracting form and paid for the service price.

7.1. These Conditions will have an annual duration starting from the contract's formalization. The Client will be notified of the need to renew the service when its expiration date approaches. Once the renewal invoice is paid, the service will be extended for another year.

7.2. If the CLIENT does not renew the service, the services will be in a conservation period of thirty (30) days, except for services linked to a .es domain or third level under .es, which will be conserved for ten (10) days. Once these days have elapsed, all data corresponding to the contracted Hosting Plan will be deleted.

7.3. During each renewal, a copy of these Conditions will not be sent, always assuming the published ones on DonDominio's website are in force, which will reflect the most current version.

7.4. Voluntary service cancellation occurring before the expiry of the service provision period already paid by the Client does not imply any unused proportional part refund.

7.5. Hosting Plans are linked to a domain name whose Registrar is SCIP (DonDominio). Any decision or action by the Client resulting in SCIP (DonDominio) no longer being considered the Registrar of the domain will imply the Hosting Plan cancellation, understood as voluntary cancellation by the Client of the service and therefore without the right to the refund of any unused proportional part.

7.6. The complementary services to the contracted Hosting Plan can be activated or deactivated at any time while the Hosting Plan is active and the payment is up-to-date; however, if a resource or application has an additional monthly cost, deactivating it before the prepaid month expires does not imply any unused proportional part refund.

8. Warranties and Right of withdrawal.

8.1. Regarding the provisions of Spanish regulations for consumers and users defense 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 specifics of the contracted services and the automated processes used, there is simultaneity between service request and contract fulfillment commencement, as well as service personalization (domain name selection). In this regard, once DonDominio has started fulfilling the contracted service, the Client cannot opt out of the contracted service.

8.2. Notwithstanding the provisions in the previous paragraph, if the Client is not satisfied with the contracted services, they will have a period of thirty (30) calendar days from the initial Hosting Plan enrollment date to terminate this contract without incurring any penalty or cost. If the Client decides to terminate the contract within this period, DonDominio will refund the Client the amount paid for Hosting Plan provision.

8.3. This period will not apply to contract renewals. If the Client decides to terminate the contract outside the period referred to in this paragraph, they will lose the right to any refund for voluntary and premature cancellation of the contracted Hosting Plan.

9. Obligations and responsibilities of DonDominio.

9.1. DonDominio cannot commit to ensuring its servers' availability will be continuous and uninterrupted during the service's contractual period, due to service improvements, Internet network issues, technical breakdowns, repairs, maintenance tasks on server equipment, power outages, or data line failures, and other similar and unpredictable contingencies. Therefore, the Client accepts, within reasonable limits, risks, imperfections, or server unavailability and expressly waives any contractual or extra-contractual claim for liability or damages against DonDominio for possible failures, slowness, or errors in access and use of the contracted Hosting Plan that originate in said causes.

9.2. DonDominio is not responsible for what is exclusively attributable to the Client. Access and use of the Hosting Plans is the sole responsibility of the Client, so DonDominio is not responsible in any way (neither directly nor subsidiarily) for any direct or indirect damage the Client may cause to third parties.

9.3. DonDominio assumes no responsibility for the actions authorized users created by the Client may take. Likewise, DonDominio will not be liable for orders executed according to requests made by such users through the Client Area.

9.4. DonDominio will make data backup copies on the servers. However, in case of accidental data deletion, full recovery is not guaranteed, as data may have changed between the last backup and the deletion. The Client commits to keeping their own domain file backup to restore if necessary, being solely responsible for creating the backup.

The contracted Hosting Plan does not incorporate the reestablishment of saved content through DonDominio's backup copies included in the Plan price when the loss is due to Client reasons; reestablishment is only included in the Plan price when the loss is due to DonDominio's fault.

9.5. The Hosting Plans share equipment with other similar natured services. For this reason, DonDominio reserves the right to partially or totally suspend the service provision if excessive use of memory, CPU, or any other alteration slowing the server where it is located is detected in its maintenance tasks, harming or impairing service provision or the rights of other clients or third parties sharing the server.

9.6. DonDominio is exempt from all responsibility for consequences arising from the non-operability of the Client's email address or not notifying address changes, as well as alleged disinformation by the Client due to their own negligence in keeping this data active.

9.7. In addition to the circumstances provided for in the General Terms and Conditions, DonDominio is not responsible, particularly for:

• The content hosted in the space assigned to the Client by the Hosting Plan.
• Errors produced by access providers.
• Virus contamination on equipment, whose protection lies with the Client.
• Third-party intrusions into the Client's Plan, even if reasonable protection measures have been established.
• Incorrect configuration by the Client
• Damage to equipment (Client terminals) or misuse (Client responsibility).
• The Client's failure to comply with the personal data protection regulations in their activity scope related to service provision.

9.8. DonDominio will not be responsible, nor accept any claim from the CLIENT or third parties, for rejecting legitimate email messages due to the nature of anti-spam systems, due in part to possible concurrent technical means available to the CLIENT.

10. Obligations and responsibilities of the Client.

10.1. The CLIENT must satisfy the remuneration detailed in clause 5 of these Conditions within the indicated period. If not, DonDominio is not responsible for the suspension, or definitive cancellation of affected services or any loss or damage it causes to the Client.

10.2. The Client expressly consents to receiving invoices related to the contracted service through telematic means, as indicated by current regulations in this area.

10.3. The CLIENT will not use the contracted Plan in a manner contrary to good faith, public order, current legislation, and these Conditions.

10.4. Perform and keep their own backup copy of the Hosting Plan files to restore them if necessary.

10.5. Monitor the size of the contracted transfer quota to prevent service consequences. In cases where the Client exceeds the size or service capacity contracted, the CLIENT will be notified of the need to adopt corrective measures in due course. If the Client does not heed this notice or adopt such measures within the indicated period, DonDominio may unilaterally terminate the contract and deactivate the affected service by completely deleting the hosted content. Taking these measures will not give rise to a possible Client claim since they know the capabilities of their specifically contracted service or plan.

10.6. Additionally, DonDominio may suspend or terminate the provision of services to the Client at any time and without prior notice if it considers the Client is engaged in activities that directly or indirectly endanger the infrastructure's and/or DonDominio's services' integrity.

10.7. Keep the email address provided in the contracting form for communications with DonDominio operative, active and updated, as it constitutes the preferred means of agile and fluid management in the requested Plan provision. If the CLIENT wants to change the email address provided in the contracting form as a contact address, they must do so through the CLIENT area with existing authentication measures for that request, ensuring communication between both parties is never interrupted.

10.8. The responsibility for using and safeguarding the CLIENT login and password lies solely with the CLIENT. The use of these identifiers and communication, even to third parties, occurs under the CLIENT's sole responsibility.

10.9. The CLIENT is expressly prohibited from reselling contracted Services or authorizing third parties to use them in any way, or using them for incorporating into a professional or business activity different from their own, unless expressly agreed with DonDominio.

10.10. Due to the shared equipment nature of Hosting Plans, DonDominio will have technical standards that must be respected by the CLIENT when developing and/or managing their Hosting Plan. Failure to observe this obligation may permit DonDominio to suspend or terminate the Client's services at any moment and without prior notice if it considers the Client is engaging in activities that could affect other clients and/or directly or indirectly endanger DonDominio's infrastructure and/or services integrity.

11. Liability for hosted Content.

11.1. The CLIENT has full responsibility for the content and information transmitted and stored, their exploitation, hypertext links, third-party claims, and legal actions they may trigger. Ultimately, the CLIENT is responsible for the laws and regulations in effect and the rules that pertain to Hosting Plan operation, electronic commerce, copyright, public order maintenance, and universal principles of internet use.

11.2. Consequently, the CLIENT agrees not to host or transmit content through the Services that infringe upon the principles set out in Article 8 of the Information Society Services and Electronic Commerce Law (LSSICE); primarily, those that violate human dignity and/or discriminate on race, gender, religion, opinion, nationality, disability, or any other personal or social circumstances.

11.3. If DonDominio on its own or at a third-party's request, becomes effectively aware that content hosted by the CLIENT violates personality rights, cited intellectual and industrial property rights, or any others established by law, DonDominio will notify this circumstance or request to the Client via the email provided for billing purposes, and may also request the CLIENT to voluntarily remove the content within a maximum of 24 hours via an email address supplied by the CLIENT.

11.4. In this case, and after the stated period without complying, DonDominio will proceed with the immediate suspension of the necessary service(s), which will not resume until the request is complied with under the necessary terms in each case. The Client cannot claim a refund of any previously paid amount for the service or claim any liability against DonDominio for the suspension or, if applicable, definitive service cancellation.

11.5. The use of Hosting Plans contrary to good faith is prohibited, including but not limited to: publicizing or transmitting any content that, at DonDominio's discretion, is violent, obscene, abusive, illegal, xenophobic, or defamatory. Cracks, program serial numbers, or other content infringing on third-party intellectual property rights. Collecting and/or using personal data from other users without express consent or in contravention of the Spanish Organic Personal Data Protection Act. Using the email server and/or its addresses for spam, mail bombing, phishing, escrow fraud, 419 scams, pharming, the dissemination of viruses (trojans, worms, etc.), or any other activity with a sabotage, fraudulent or criminal intent.

11.6. According to the Information Society Services and Electronic Commerce Law regarding collaboration with competent bodies, the contracted service will be suspended when formally requested by the judicial or administrative entity. Additionally, if DonDominio learns illicit actions or rights infringement, it will have the power to interrupt the service and report it to the competent authorities.

11.7. If DonDominio, by its means or prompted by a third party, detects hosting service use that could compromise service security, stability, or normal operation, it has the power to interrupt the service contracted by the Client. In these cases, and whenever technical or security reasons allow, DonDominio will notify these circumstances to the Client in advance via notification made to the email address provided when contracting the service, to take appropriate measures to prevent information loss. Service suspensions arising from these circumstances, and their resulting consequences, will not generate any compensation, indemnification, or price reduction for the Client.

11.8. If DonDominio is imputed in any case attributable to the CLIENT, they will indemnify DonDominio for any expenses incurred due to such case, including DonDominio's attorneys' fees and costs, even in a non-final judicial decision.

12. Termination.

12.1. This contract, concerning each applicable service, will terminate for reasons admitted by both the Civil Code and the Commercial Code; specifically, the following reasons:

a) By expiration of the term or any of its extensions;

b) By mutual agreement between the parties expressed in writing;

c) By early resolution of the Contracting Conditions under the following terms: (i) Late payment of contracted services for over two months, or the repetition of temporary service suspension due to contracted service payment late twice, (ii) By not attending the Client notices related to maintenance, size, and other contracted service characteristics.

12.2. In any case, the termination and resolution of the contract will entail the complete deletion or erasure of content hosted on DonDominio's servers.

12.3. Notwithstanding the faculty to terminate the contractual relationship established, DonDominio may withdraw or suspend the provision of Services to the CLIENT in case considers they breach any obligations assumed under this contract, in particular, claims for any damages caused by Client breach.

12.4. In case of contract resolution for previously cited or any other rights-admitted reasons, the CLIENT and/or holder must fulfill obligations assumed before the contract resolution against DonDominio and against third parties.

13. Confidentiality.

13.1. All information or documentation that either party provides to the other in the development and execution of this contract will be considered confidential and exclusive to the provider and will not be communicated to third parties without consent.

13.2. The parties agree to maintain confidentiality regarding this contract, agreeing not to reveal any of its content points to third parties without the express consent of both parties.

13.3. The parties exclude from the confidential information category all that is disclosed by the possessor party, that becomes public, that must be disclosed according to laws, judicial resolution or mandatory act of competent authority, and that is obtained from a third party not subject to any confidentiality obligations.

13.4. This confidentiality obligation remains until two (2) years after this contract ends.

13.5. Neither party will acquire any rights over the confidential information or other proprietary rights of the other party as a result of this contract.

14. Intellectual and Industrial Property.

14.1. In virtue of these Conditions, the CLIENT does not acquire any right or license concerning the Hosting Plan, necessary programs for service provision, nor any information on service follow-up, except for the rights and licenses needed for the fulfillment of these Conditions and only for their duration. Any action exceeding the fulfillment of these Conditions will require prior written authorization from DonDominio.

15. Personal Data Protection Policy.

15.1. Regarding personal data the Client provides to DonDominio for the Services contracting and consultations or any related communication with their management, the published Personal Data Protection Policy at the following link will apply: Privacy Policy.

15.2. Moreover, in cases where, as a necessary consequence of Service provision, DonDominio is the "processor," and the Client is the "controller" under current laws, these Specific Conditions, incorporate in ANNEX I the corresponding Data Processor Agreement provided by law, pursuant to Article 28 of the EU Regulation 2016/679, delimiting the obligations of both Data Controller and Processor.

16. Express Acceptance of these Conditions.

16.1. These Specific Conditions, the General Terms of Contracting, services' technical information, and Data Protection Policy are inserted within the DonDominio service contracting process selected by the CLIENT, who expressly accepts their content upon subscribing to the services.

16.2. Activating the contracting request send button through the DonDominio's website grants the condition of "CLIENT" and signifies full acceptance of the requested Service Contracting Conditions in the version made electronically available before activating the CONTRACTING button.

16.3. The latest version of the each Service Contracting Conditions is at Disclaimers and contracts. Before contracting any offered Services, carefully read the Service Contracting Conditions regulating your desired Service, including their technical, operational, and functional characteristics, as well as fees.

16.4. This agreement is written in English and Spanish. In case of discrepancies, the Spanish version shall prevail.

ANNEX 1: DATA PROCESSOR AGREEMENT FOR SHARED HOSTING SERVICE.

1. DATA PROCESSOR AGREEMENT FOR SHARED HOSTING SERVICE

These clauses establish conditions enabling SOLUCIONES CORPORATIVAS IP., (hereinafter, "DonDominio, "Processor" or "Processor) to process personal data arising from the contract execution or shared hosting service provision contracted by the CLIENT, (hereinafter, “the Data Controller” or “Controller”) pursuant to Regulation (EU) 2016/679 (hereinafter, GDPR) and the Spanish Organic Law 3/2018, on Personal Data Protection and guaranteeing digital rights (hereinafter, LOPDGDD), outlining responsibilities of the controller and Processor.

To this agreement, DonDominio DECLARES its servers, systems, installations, etc., are within the European Union (CPD in the Balearic Islands) and perform all data processing in compliance with the General Data Protection Regulation, providing sufficient assurances for appropriate technical and organizational measures.

Similarly, fulfilling its information duty to the Controller, DonDominio informs that its Data Protection Officer (DPO) is: Iurismática Abogados, S.L.P. To contact DonDominio's Data Protection Officer, you may reach: dpo@scip.es.

2. Data processing task purpose

These clauses authorize the Processor to process on its behalf the Controller's personal data added to Processor's allocated resources pursuant to shared hosting service provision, management, and maintenance.

The authorized processing operations will strictly be necessary to achieve the purpose of the contracted service provision, resulting in, in every case, hosting and data telecommunications network transmission processings, without carrying out any other processing like collection, structuring, dissemination, etc., of the Controller's personal data.

3. Identification of affected information.

The Controller stores information, data, and personal data categories it deems necessary based on the purchased service and always according to its own instructions in the resources allocated by the Processor, being solely responsible for determining data types or hosting information, objectives, purposes, and processing means conducted.

4. Duration.

The data processing task duration will be identical to the hosting service's contract period, making this task an inseparable part; once the latter concludes, so will this.

Once this task ends, the Processor must return to Controller or transmit to another designated processor the personal data, and delete any copies in its possession. Nonetheless, data can remain blocked for satisfying potential administrative or jurisdictional responsibilities.

5. Controller (The Client) Obligations.

In addition to those established generally by data protection laws, the following pertain to the Controller concerning this data processing:

• Check that the technical and security conditions described by Processor in this Annex suit data nature, context, scope, and/or purposes or processings the Controller handles according to its impact assessments and/or risk analysis performed.
• Provide Processor access to data for processing or deliver them in an appropriate manner for correct service provision.
• Inform according to data protection laws the concerned parties whose data is processed and obtain their lawful express consent or have legitimate, demonstrable reasons.
• Offer simple mechanisms for interested parties to exercise their rights according to data protection laws.
• Have risk assessments, a processing registry, and impact evaluations if necessary due to data nature.
• Conduct necessary previous consultations.
• Appoint a data protection officer when mandatory and communicate identity to Processor.
• Communicate data security violations to Data Protection Authority and/or concerned parties when applicable.

6. Processor (DonDominio) Obligations.

Regarding data use instructions and communications, the Processor agrees to:

• Use personal data subject to processing, or collected for its inclusion, solely for the purpose of this task. Under no circumstances can data be used for personal purposes.
• Process data following the Controller's instructions, resulting from the linked hosting service contract. If Processor considers any instructions infringe upon GDPR or other data protection laws of the Union or Member States, the processor will immediately inform the controller.
• Do not communicate data to third parties, unless possessing express Controller authorization, in legally admissible cases.
• The Processor may communicate data to other data processors of the same Controller of the Processor according to their instructions. In this case, the Controller will identify, in advance and in writing, the entity to communicate the data, data to communicate, and security measures to apply for communication. If the Processor must transfer personal data to a third country or international organization pursuant to Union or Member State law, the Processor will inform the Controller of this legal requirement in advance unless prohibited by important public interest reasons.

Regarding security measures applicable to processing, the Processor has adopted appropriate security measures to guarantee confidentially, integrity, availability, and system resilience associated with service treatment in case of physical or technical incidents, in line with its data protection impact assessment.

DonDominio provides only technical infrastructure, and in cases where it includes service administration, DonDominio's provided security measures are limited to these functions, excluding other aspects outside the domain and service provided by DonDominio, and which the Client must comply with.

In particular, DonDominio, independent from obligations attri