Hosting Services ContractRev: 8-20180621
On the one hand, the entity SOLUCIONES CORPORATIVAS IP, S.L. (hereinafter identified by the brand name MrDomain), owner of C.I.F. nº B57333601 with registered address in Manacor (Balearic Islands), at C/ Menestrals, 14, Manacor-07500, Illes Balears, Spain. A Limited Responsibility company constituted in Palma de Mallorca before the Notary Mr. Victor Alonso-Cuevillas Sayrol, inscribed in the Mercantile Registry of Baleares, tome 2120, folio 0, book 173, page PM-50105.
On the other hand, the contracting party (hereinafter called the CUSTOMER), physical person or legal entity completing the contract form and who, having familiarised him or herself with the service and how it functions, declares knowledge and free acceptance of the present contract.
Both parties mutually recognise their full capacity to enter into and formalise the present SERVICE CONTRACT. The referred to contract will be governed by the following CLAUSES.
- Customer: any natural or legal person completing the application form for registration and / or transfer of a domain name. This person does not have to coincide with the holder of the domain name in question. In which case, being an intermediary between the registrar and the domain name holder must inform the latter at least the obligations it assumed in obtaining that title with respect to the relevant Registrar.
- Contract: all the clauses contained in this document, together with the contract form and any additional information about the particular service contract chosen by the customer, collect updated so expressly in the URL www.mrdomain.com, forming a unit that requires the parties. Commercial content, information resources, applications, features and prices Hosting Plans manifested in www.dondominio.com supersede that contained in this contract, for respect of all matters not mentioned above (commercial content) shall prevail in this contract.
- Domain Name: set of characters that identifies a through DNS (IP) address on the Internet. A given server can have more than one Domain Name but a given Domain Name is attributed only to a server.
- IP (Internet Protocol): set of rules governing the transmission of data through the network.
- Hosting Services: space on servers owned by MrDomain, where is located the domain name of the client, by giving resources and applications unique offering MrDomain plans and set out on a date on the website www.mrdomain.com. Hosting Plans subject to the conditions of this contract offer shared hosting servers MrDomain, ie several different clients websites are hosted.
- Servers: equipment owned or leased by MrDomain where you store or host data and information the customer enters Hosting Plans offered.
- Customer Area: tool developed by DonDominio that is allocated to each customer and allows, among other things, hire and manage their products, check the invoices, update your billing information, access the control panel and make authenticated requests, so that each order cause technical and administrative actions necessary for the development of the required action.
- Login and password: authentication systems that allow customer to access the web control panel and the Client Area, as well as grant applications and information on the plan contract, that is, it is a system that guarantees access to contract plans, data and information is secure, reliable, truthful and always come from customers or authorized users for this. Dondominio uses these systems to identify, authenticate and verify the person of the client.
The present contract has as its purpose:
- the regulation of the conditions under which access and use will take place on the part of the CUSTOMER of the Hosting Plan provided by MrDomain.
- regulates the CUSTOMER’s conditions and form of remuneration to MrDomain for the service provided.
Other benefits, services, applications or options may be offered for MrDomain to the CUSTOMER through contracts or other marketing communications as well as the provisions of www.mrdomain.com website
3 HOSTING PLANS REGULATED BY THIS CONTRACT
3.1. The conditions stipulated within this contract are applicable to the following Plans:
- Redirect and parking
- Mail Plus
- Mail Pro
Also, this contract shall apply to any Hosting Plan MrDomain created and developed by bringing together the features of shared hosting servers owned or leased by MrDomain that even without being reflected in the above list will attach this contract.
3.2. The information relating to the technical characteristics of each Plan is available on the MrDomain website (https://www.mrdomain.com/products/). This information is also detailed in Appendix I attached to this contract. In any case the resources and applications available to each Hosting Plan shall at all times which are published on the website, www.mrdomain.com
3.3. The price of each Hosting Plan shall be as specified in clause 4 of this contract.
3.4. MrDomain reserves the right to modify the characteristics and conditions of the Hosting Plans regulated by this contract. In the event of proceeding, MrDomain must publish said modification on its website, informing the CUSTOMER by means of an on-line notice or through electronic mail.
Once the CUSTOMER has been notified of the corresponding modification, the CUSTOMER has 7 days to annul the contract if he or she weren’t in agreement with the new characteristics and conditions of the Plan contracted, obtaining a reimbursement of the payment for the unconsumed proportional part. If the CUSTOMER has not communicated his or her non-agreement within this timeframe, it will be understood that he or she accepts the new conditions and, therefore, the annulment prior to the expiration of the contract will not lead to any reimbursement whatsoever.
MrDomain in his act diligently and in good faith in the market area of its business, make such modifications provided they represent a benefit not only the development of new technologies but also the operation of the company and even the service offered in this contract so as not to detract from the customers all together.
In case of conflict between the injury to a small number of customers and the development of MrDomain and/or adaptation to technical progress and technological services of the information society will be addressed to the benefit of the majority of customers in this adaptation and advancement of MrDomain in the field of new technologies.
3.5. The CUSTOMER may change to another Hosting Plan superior to that initially contracted at any time and may do so from his or her client area.
Changing to a lower Plan in both resources and price will not be possible if it is not on the expiry date of the previously contracted service.
3.6. In order to make the hiring of a Housing Plan, the domain name must be being managed by MrDomain.
During the thirty (30) day guarantee period referred in 4.6 clause of the present contract, the CUSTOMER can associate the Accomodation Plan to a new Domain Name registered in our platform. Once this period has ended, the CUSTOMER will not be able to link the contracted Accomodation Plan to any other Domain Name.
When choosing this option, the CUSTOMER should know that it involves the complete loss of data or content hosted so far, therefore, before proceeding with the change, the CUSTOMER must safeguard the data or contents which up until then had been hosted under the contracted Plan.
3.7. All of the Hosting Plans provided by MrDomain and mentioned on their website or in this contract are provided under the LINUX operating system.
3.8. Hosting Plans under this contract consist, among other resources by a tool called "Control Panel" for each plan, from which the client can manage and administer resources and applications specific to the plan to which it refers.
3.9. Hosting Plans for those who have MrDomain selected applications, such as WebFTP, WebMail, or for creating websites, the customer accepts and respects the provisions of the licenses of each of the applications. The applications are delivered as they are not accepting claims against them.
MrDomain not provide technical and functional support for these applications, beyond that already offered support for the Housing Plan contract.
MrDomain is not responsible for the proper operation, safety and/or application compatibility offered, as they may interfere with other programs that the client already have installed on your Hosting Plan.
MrDomain reserves the right to offer the version of the applications most suitable, and to modify at any time, the applications available to every Hosting Plan in light of new versions or discovered vulnerabilities without notice the customer of such changes.
4 PRICES OF PLANS AND FORM OF PAYMENT
4.1. To follow we detail the names of the Plans and their prices:
- Redirect and Parking is free
- Mini costs 1 Euro per annum
- Mail costs 10 Euros per annum
- Mail Plus costs 20 Euros per annum
- Mail Pro costs 50 Euros per annum
- Basic costs 25 Euros per annum
- Professional costs 60 Euros per annum
- Advanced costs 130 Euros per annum
- Corporate costs 290 Euros per annum
Prices governing this contract may be consulted at www.mrdomain.co/products/rates/
4.2. Payment for the services detailed in this contract is IN ADVANCE and will be made by credit card, Paypal, or funds in an account which the CUSTOMER has paid to MrDomain by means of a bank transfer.
The CUSTOMER will decide which form of payment he or she wishes to use to complete the payment.
4.3. The service period is annual, therefore the Hosting Plan will be paid annually and the provision of service by MrDomain will only commence once payment has been received.
4.4. If the CUSTOMER were to opt at any moment to change their Plan to one of superior characteristics, the proportional part of the new Plan will be charged until the expiration date. The up-grading to a new Plan does not bring with it a change in the expiry date of the previously contracted Hosting.
4.5. The CUSTOMER may only change to a lower Plan when renewing the service. At no time can the change be made to a lower Plan until the expiry date of the previously contracted hosting service.
4.6. The amount of the prices stipulated on the www.mrdomain.com website and stated in this contract may be subject to revision and modification on the part of MrDomain. If the modification were to represent an increase, the CUSTOMER will be made aware of said modification prior to being affected by the variation in the next invoice to be issued, in such a way that if he or she were not in agreement with said change he or she may exercise his or her right to rescind the present contract, leading to an annulment of the service as soon as the period paid for comes to an end.
4.7. All the prices that appear on the website www.mrdomain.com and which are mentioned in different parts of this contract are subject to the corresponding taxes.
4.8. If the CUSTOMER is not satisfied with the services contracted he or she will have a period of thirty (30) days from the date of the initial registration of the Hosting Plan to rescind this present contract without incurring any penalty or cost whatsoever. This guarantee deadline will not be applicable in contract renewals.
If the CUSTOMER were to decide to rescind the contract within this timeframe, MrDomain will reimburse the CUSTOMER with the amount paid for the provision of the Hosting Plan.
If the CUSTOMER were to decide to rescind the contract outside of the guarantee deadline referred to in this section, he or she will lose the right to any reimbursement whatsoever due to the voluntary, early cancellation of the Plan contracted with MrDomain.
4.9. MrDomain, for the purpose of guaranteeing the maximum quality of service, limits the monthly bandwidth volume of the Hosting Plans. MrDomain places at the disposal of its clients, via the Client area, tools which enable the user to monitor the bandwidth consumed in real time.
If there is an excess in the bandwidth, the CUSTOMER will receive notifications in his or her client area or via electronic mail information relating to the traffic consumption reaching the limit corresponding to the Hosting Plan contracted. In the event of an excess in bandwidth, the CUSTOMER may choose a superior Hosting Plan which will assume the traffic, he or she may deactivate the website during the month in which the bandwidth has exceeded the limit or may pay the resulting amount due to the excess calculated on the basis of 0.50€ per additional GB. In any case, the website will be operational once again at the start of a new month.
4.10. At the end of each month an invoice will be generated for the excess bandwidth which must be paid by the CUSTOMER within ten (10) days following the date of the invoice. If the CUSTOMER does not make payment within the specified deadline, the services will be deactivated, without prior notice, until said invoice is paid.
4.11. In the event of a returned payment, MrDomain will apply an additional cost of 3 Euros for each return attributable to the CUSTOMER. If problems persist in charging for the service, MrDomain, without prior notice, reserves the right to block the Hosting service until the resolution of said problems. If after prior notice and the temporary suspension of the Hosting service, the CUSTOMER has not made the outstanding payment the service will be definitively annulled, with the consequent deletion of data, without the right to appeal, due to the non-compliance of the contract on the CUSTOMERS part. This will impede the CUSTOMER from contracting any new services with MrDomain, termination of your customer account and all contracted services.
4.12. MrDomain will issue the corresponding invoice detailing all the concepts and items that make up said invoice.
4.13. If a customer requests a refund of his/her "Account Balance", This will only be met if the available balance on the customer account is over 30 Euros. In This case, there will be a bank transfer to account number Indicated by the customer, minus the fee charged by the Merchant at the time of insertion of balance, plus 3 Euros for management of the operation back Expenses.
If You have consumed "Account Balance" and requests a refund, it will be made after 120 days from the date of insertion of the balance.
5 COMING INTO EFFECT, DURATION AND EXTENSION
5.1. The present contract will come into effect when payment is made for the service requested by completing the contract form.
5.2. The contract will have an annual duration, commencing from the formalisation of the contract. The CUSTOMER will be alerted to the necessity of renewing the service when the expiry date of same approaches. Once the renewal invoice has been paid, the service will be extended for another year.
5.3. If the CUSTOMER does not renew the service, the services will remain in a period of conservation for 30 days. Once those 30 days have passed, all the data corresponding to the Hosting will be deleted.
In the course of each renewal a copy of the current contract will not be sent out, with it being understood that the one published at any given time on the website is in force and is the most up to date version.
5.4. The voluntary annulment of a service, effected prior to the paid expiry date, will not imply the reimbursement of the unconsumed proportional part.
5.5. Hosting plans are linked to a domain name which Agent Registrar is SCIP (DonDominio/MrDomain). The abandonment of the Registrar will mean that the hosting plan is canceled, is understood as low voluntary cancellation of a service and therefore not entitled to the refund of the portion not consumed.
5.6. The services complementary to the contracted Hosting Plan can be activated or deactivated at any time while the Hosting Plan is active and up to date with payments; although if a resource or application has an additional monthly cost, the act of deactivating it prior to the expiry of the month paid in advance does not imply the reimbursement of the unconsumed proportional part.
6 THE RIGHT OF WITHDRAWAL
6.1. In relation to the provisions of the Spanish regulations for the defense of consumers and users and the 2011/83/EEC Directive of the European Parliament and of the Council of October 25th 2011, on consumer rights, the CUSTOMER is informed, and specifically accepts that, given the characteristics of the contracted Services and automated procedures used, there is a concurrency between the request for Service and the beginning of the fulfillment of the contract.
In this sense, once DonDominio has started the fulfillment of the contract or this has been fully executed, the CUSTOMER will not have the option to withdraw from the contract described in the above mentioned standards.
7 MRDOMAIN’S OBLIGATIONS AND RESPONSIBILITIES
7.1. MrDomain must act with due diligence in the practice of its commercial activity, loyally and in good faith in its relations with the CUSTOMER.
7.2. MrDomain does not guarantee that the availability of the server will be continuous and uninterrupted for the duration of the contract, due to improvements in the services themselves, problems with the Internet, breakdowns, technical repairs or maintenance tasks on the server equipment, power cuts or power failures in the data lines and other possible contingencies of a similar unpredictable nature.
7.3. Therefore, the CUSTOMER agrees to accept within reasonable limits the risks and imperfections or lack of availability of the servers and expressly renounces any potential claims of responsibility, contractual or extra-contractual, damages and losses against MrDomain due to possible faults, slowness or errors in the access and usage of the contracted Plan.
7.4. MrDomain is not responsible for that which is exclusively attributable to the CUSTOMER. Access and use of the Hosting Plan is the exclusive responsibility of the CUSTOMER, in such a way that MrDomain does not accept any responsibility whatsoever (neither direct nor subsidiary) for any damage direct or indirect that the CUSTOMER may cause to third parties.
7.5. In any event, if it were to be determined that MrDomain has failed to fulfil its part of the contract due to an inefficient service during a determined period, the responsibilities would be limited to the reimbursement of the money paid for the service during said period, provided that said inefficiency is attributable to MrDomain. Factors outside the control of MrDomain, including chance events and force majeure, will not be attributed to it.
7.6. Under no circumstances will MrDomain accept responsibilities derived from the loss of data, loss of profits, interruption of business or any other damage produced by the inadequate functioning of the service on the part of the CUSTOMER. The CUSTOMER expressly renounces any type of claim, indemnity or compensation for the afore-mentioned concepts.
7.7. MrDomain will make security copies of the data on its servers. However, in the event of an accidental deletion of data it will not guarantee its full reinstatement, due to the time between the last security copy and the deletion, the data may have changed. The CUSTOMER agrees to keep his or her own security copy of the domain archives for the purposes of replacing these if it were necessary, with the CUSTOMER being the only party responsible for making the security copy.
The Hosting Plan contracted does not incorporate within its price the reinstatement of the salvaged contents via the security copies made by MrDomain when the loss is provoked by something attributable to the CUSTOMER; the reinstatement is only included in the price of the Plan when the loss of content is due to causes attributable to MrDomain.
7.8. The Hosting Plans share equipment with other services of a similar nature. For this reason, MrDomain reserves the right to suspend, totally or partially, the fulfilment of the contract in the event of learning, detecting and/or ascertaining during its maintenance work an excessive consumption of memory, of CPU or any other alteration which slows down the server on which it is located, in such a way that it prejudices or implies a deterioration in the provision of the service or the rights of the CUSTOMERS or third parties with whom the server is shared.
7.9. MrDomain will not be responsible for:
- Content hosted on the space attributed to the CUSTOMER by the Hosting Plan.
- The errors caused by the access providers.
- Contamination through viruses in their equipment, the protection of which is incumbent upon the CUSTOMER.
- The intrusions of third parties into the CUSTOMER’s Plan despite reasonable measures of protection being taken.
- Defective configuration on the part of the CUSTOMER.
- Deterioration in the equipment (CUSTOMER terminals) or misuse (responsibility of the CUSTOMER).
7.10. MrDomain is not responsible, nor accept any claims from the customer or third party, the rejection of a legitimate email message as a result of the nature of the anti-spam systems, due, among other things, the possible competition with external technical upon whom the customer.
7.11. As a result of technological advances and with the sole purpose of ensuring the quality of security services and in providing them, MrDomain reserves the right to install on their servers and to offer its customers, the system versions operational applications or functionality that is comfortable at all times (preferentially in Spanish or in their absence, in English).
8 OBLIGATIONS AND RESPONSIBILITIES OF THE CUSTOMER
8.1. The CUSTOMER must comply with all the terms and conditions of this contract in the exercising of his or her professional activity, and must also act loyally and in good faith.
8.2. The CUSTOMER must satisfy the remuneration detailed in clause 3 of this contract within the period indicated, in the event of not doing so, MrDomain will not be responsible for the loss of the services stipulated in this contract.
8.3. The CUSTOMER will not use the Plan contracted in any way contrary to good faith, public order and current legislation.
8.4. By contracting this Plan, the CUSTOMER agrees to:
- Make and safeguard on his or her own account a security copy of the Hosting Plan archives for the purposes of replacing them if necessary.
- Monitor the bandwidth for the purposes of avoiding consequences to the contracted service.
- The CUSTOMER must maintain the e-mail address provided in the contract form for communications with MrDomain operative, active and current, as this constitutes the preferred means of communication for the agile and fluid management of the Plan requested. If the CUSTOMER wants to change the e-mail address facilitated in the contract form as contact address, he or she must do so via the client area, with the due authentication measures for such a request, in such a way that communication between both parties is at no time interrupted.
- MrDomain will not be responsible for the consequences that may arise as a result of the inoperability of the contact e-mail address of the CUSTOMER or the lack of communication that the failure to update a changed email address may produce, as well as any disinformation alleged by the CUSTOMER due to his or her own negligence in keeping this data active.
8.5. Responsibility for the use and conservation of the login and password to the client area falls solely on the CUSTOMER. The use of these identifiers and their communication, even to third parties, is made under the sole responsibility of the CUSTOMER.
8.6. The CUSTOMER bears full responsibility for the content of his or her website, the information transmitted and stored, its exploitation, the hypertext links, the claimsof third parties and any legal actions that they may set in motion. In summary, the CUSTOMER is responsible for respecting the laws and regulations currently in force and the guidelines relating to the functioning of the Plan online, electronic commerce, authors rights, maintenance of public order, as well as the universal principles of Internet use.
8.7. The use of the Hosting Plans in any way contrary to good faith is prohibited and, in particular, but not exhaustively: The use of the hosting service for the purposes of carrying out actions that are against Spanish laws or with the intention of prejudicing companies or individuals is prohibited:
- The publication or transmission of any content which, in MrDomain’s judgement, is violent, obscene, abusive, illegal, xenophobic or defamatory. The cracks, programme series numbers or any other content that violates third party intellectual property rights.
- The gathering and/or use of the personal data of other users without their express consent or in contravention of Organic Law 15/1999, of 13th of December, regarding the Protection of Data of a Personal Nature.
- The use of the mail server and/or the email addresses for the purposes of sending out spam, mail bombing, phishing, escrow fraud, scam 419, pharming, diffusing viruses (Trojans, worms, etc), or any type of activity carried out with saboteur, fraudulent or delinquent intent.
In accordance with the requirements stated in law 34/2002 of the Society Services of Information and Electronic Commerce refering to the duty of collaboration with the concerned agencies, shall suspend the contracted service when it is urged by the judicial or administrative agency who would request it formally. Likewise, if DonDominio is aware of clearly illegal actions being committed or that infringe third parties rights, will have the right to interrupt the service, and will put you in the knowledge of the competent authorities.
If DonDominio on its own or on behalf of a third party, would discover a use of the host service that might compromise security, stability or the normal operation of the service, will have the right to interrupt the Service contracted by the Customer. In these cases and if the technical or safety grounds allow it, DonDominio will warn the Customer of these circumstances sufficiently in advance with a notification sent to the Email address provided at the time the service was contracted, so that he/she can take the appropriate actions to prevent loss of data. Suspensions of the Service arising from these circumstances, as well as any type of consequences derived from it, will not generate in favor of the Customer any compensation, indemnification or discount of the price of the Service.
In cases where the Customer exceeds the size or capacity of the contracted service, we will proceed to inform the CUSTOMER of the need to adopt the appropriate mesures to correct the situation. If he/she would not attend the notice or would not adopt those measures in the indicated period, DonDominio will be allowed to terminate unilaterally the contract and deactivate the service affected eliminating completely the content hosted. The application of these mesures will not allow in any case a possible reclamation on the customers’ side as he/she knows the capacities of the service or the concrete plan contracted.
In the same way, DonDominio will be able to suspend or terminate at any moment and without previous notice the service to the Customer if we consider that some activities performed could affect the rest of the Customers and/or could endanger -directly or indirectly- the integrity of the infrastructure and/or services of DonDominio.
8.8. It is expressly prohibited for the CUSTOMER to resell the Services contracted or in any way authorise their use to third parties, totally or partially, or for them to be used, introduced or incorporated within any business or professional field other than their own.
8.9. If MrDomain were accused of any action whose responsibility were attributable to the CUSTOMER, he or she will indemnify MrDomain for the costs that may derive from said action, including the fees and costs of MrDomains lawyers, even in the event of a non-definitive judicial decision.
8.10. Due to the fact that the Hosting Plans share equipment, MrDomain will have a series of technical standards that must be respected by the CUSTOMER when developing and/or administering his or her Hosting Plan. Otherwise clause 8.7 will be applicable.
8.11. If the CUSTOMER exceeds the monthly transfer limit included in the contracted hosting plan, MrDomain will charge at the end of the month according to the established fees corresponding to 0,5 € (taxes not included) per exceeded GB. MrDomain has established an alert system that automatically advises the CUSTOMER about the traffic excesses that are produced at his hosting plan. Also, the CUSTOMER will be able to control the transferred data using the statistics he can access from the control panel, as deactivate the website or contract a higher hosting plan that permits more monthly traffic transfer.
8.12. The CUSTOMER, by virtue of the present contract, acquires absolutely no rights or licences whatsoever in relation to the Hosting Plan, the necessary computer programmes for the provision of the service nor in relation to the technical tracking information of the service, excepting the rights and licenses necessary for the fulfilment of this present contract and solely for the duration of same. For all actions that exceed the fulfilment of this contract written authorisation will be required from MrDomain.
8.13. The CUSTOMER, in accepting this contract, expressly consents to the sending out of invoices relating to the service contracted via telematic means, as signalled by the guidelines currently in force in this regard.
9 FORCE MAJEURE
9.1. Neither of the parties will be responsible for the delay in the execution of their obligations or the non-execution of same (excepting the non-fulfilment of payment to the other party) if this non-compliance were motivated by chance events or force majeure, in accordance with article 1.105 of the Civil Code.
This circumstance will be communicated to the other party as quickly as possible. The delivery deadlines agreed will be extended for a period at least as long as the duration of the force majeure. If the cause of the force majeure were to be prolonged beyond three (3) months, either of the parties may rescind these Contract Conditions, without prejudice to the fulfilment of the payment obligations due up until the prior date. The chance event or the event of force majeure, as well as the termination of the Contract Conditions, will not exonerate the Client from the fulfilment of the outstanding payment obligations up until the date of the interruption of Services.
10.1. The present Contract Conditions, in relation to each of the Services in each of the cases applicable, will terminate as a result of acceptable causes in accordance with both Civil and Commercial Code and, specifically, for the following reasons:
- Due to the end of the term of the contract or any of its extensions;
- By mutual and express written agreement between the parties
- Due to the early rescission of the Contract Conditions in accordance with the terms and conditions stated in the following clause.
- Due to the payment delay of the services contracted for a period superior of two months, or the reiteration, in two occasions, of the temporal suspension of the services due to payment delay of the services contracted.
- If the DonDominio notices are not attended in relation with the maintenance, size and other characteristics of the contracted services.
In any case, the cancellation and termination of the contract will involve the complete elimination and removal of the contents hosted in the DonDominio servers.
In any event, the termination of the contractual relationship will not exonerate the parties from the fulfilment of outstanding obligations. Without prejudice to the ability to terminate the contractual relationship as established in the previous paragraph, MrDomain may retire or suspend the provision of Services to the Client at any time without prior notice in the event that it considers any of the obligations assumed by the client under the present Contract Conditions to be unfulfilled, with the right to request payment for the damages and losses that may be incurred as a consequence of the non-fulfilment.
10.2. In the event of termination of the contract, for the reasons mentioned above or any others envisaged by law, the client and/or owner shall comply with the obligations assumed prior to the termination of the contract against MrDomain and third parties.
11.1. Any information or documentation to any party other contribution to the development and execution of this contract shall be considered confidential and proprietary input and who may be communicated to third parties without your consent.
11.2. The parties agree to the confidential nature of this contract, agreeing not to disclose to third parties any of the points that make up the content without the express consent of both parties.
11.3. The parties excluded from the category of confidential information any information that is disclosed by the party possessing it, that it becomes public, that which is to be disclosed pursuant to law or a court judgment or imperative act of authority competent and that which is obtained by a third party that is not under any obligation of confidentiality.
11.4. This obligation of confidentiality persists up to two (2) years after completion of this contract.
11.5. Neither party shall acquire any rights to any information privacy or other proprietary rights of the other party as a result of this agreement.
In compliance with Law 15/1999 of 13 December on the Protection of Personal Data (LOPD), Soluciones Corporativas IP, SLU states have adopted the necessary technical and organizational measures, required by it.
The personal data that Soluciones Corporativas IP, SLU, hereinafter "MrDomain", stated in its website, http://www.mrdomain.com/ and especially customer data entered during the recruitment process are automatically processed and incorporated into the corresponding files, called "CLIENTES" and "DOMINIOS", duly registered with the Spanish Agency for Data Protection.
The collection and processing of personal data is aimed at maintaining the contractual relationship may be established with MrDomain as well as carrying out the tasks of information, improved service quality, marketing (always identified as such), sending trade journals and other similar activities MrDomain own.
The personal data processed in the file "CLIENTES" only be transferred to national or international entities as necessary for the sole purpose of giving effect to the purposes mentioned above.
The personal data processed in the file "DOMINIOS", collected for the registration of the Domain Name, change in ownership or other changes relating to personal data will be transferred to the Authority National or International Registrant competent for registration corresponding domain name. This transfer is intended solely and exclusively for the purposes directly related to the legitimate functions of the transferor through the service contract (modification of registration or domain name).
The customer, when completing the application form authorizes such data for technical and operational reasons, be transferred, posted, processed and stored in these organisms.
In this regard, and as a requirement established by ICANN or organization competent Registrant, the domain name holder authorizes the publication of data relating to the ownership of the domain name in question and contact the administrative, technical and billing, accordance with the rules, must be public and accessible from the registrar whois authorities.
The customer undertakes to collect, the holder, the authorization for the release of the data and transmitting them when it does not match the individual customer.
Customer acknowledges and agrees that technical suppliers for some products, exceptionally and if necessary to address any issues of a technical nature, they can remotely access the physical server on which the product was staying and, therefore, to contents. Where appropriate, their actions would be limited to the execution of the work needed to resolve the issue without using the intervention or the data that could be accessed for other purposes.
MrDomain reports that, pursuant to the provisions of Law 25/2007 of October 18, retention of data relating to electronic communications and public networks, it shall hold and retain certain traffic data generated during the development of communications in order to sell them to the legitimate authorities, legal under the circumstances therein provided.
In cases where MrDomain listed as processor, assumes the obligations under the Data Protection Act states that the purpose and will only process the data according to the instructions of the controller and not be applied or used for purposes other than those collected in the contract to that effect.
In this sense, the customer authorizes MrDomain, in his capacity as manager of treatment, to subcontract to third party storage services and custody of the backup data in cases where this is required, always respecting the obligations under the Data Protection Act and its implementing regulations.
The customer may at any time exercise their rights of access, rectification, cancellation and opposition, recognized by the Data Protection Act. The exercise of these rights may do so by written request to Soluciones Corporativas IP, SLU at the following address: C/ Menestrals, 14, Manacor-07500, Illes Balears, Spain. Also, will exercise these rights in terms that the current regulations, are available for review at http://www.agpd.es/.
MrDomain not responsible for the breach to the provisions of the Data Protection Act, made by the customer in his party for him and that activity is related to the execution of this contract. So, each party shall not be liable for breach of this rule that, do the other.
The customer states that all information provided by it are true and correct and undertake to keep them updated, communicating, to MrDomain, any amendments thereto. The customer is responsible for the accuracy of their data and shall be solely responsible for any disputes or litigation that might result from the falsity of them.
The CUSTOMER and/or owner may transfer to third parties rights and obligations under this Agreement without the prior written consent of MrDomain.
14 LIMITATION OF GUARANTEE AND RESPONSIBILITY
14.1. Under no circumstances will MrDomain, its managers and senior management, administrators, shareholders, agents or workers dependent upon them acquire any responsibility whatsoever for reasons or causes, direct or indirect, related to the use the CUSTOMER makes of MrDomain.
14.2. The parties recognise that the coming into effect of this contract does not assume any type of representation, delegation, guarantee or other agreement other than that expressly described in this contract; and in accordance therewith, all the terms, conditions, guarantees and other aspects implied by general contracts and regulations are explicitly excluded up to the extent permitted by Law.
15 APPLICABLE LAW AND ARBITRATION
15.1. The pacts and Clauses that make up this Contract will be interpreted and governed by Spanish law. Specifically applicable to these present General Conditions is that established in Law 7/1998 regarding General Contract Conditions, the Royal decree 1906/1999 by which telephonic or electronic contract are regulated with general conditions as per article 5.3 of Law 7/1998, Law 26/1984 for the Defence of the Consumers and Users, Law 7/1996 of Ordinance for Retail Business and whatever legal dispositions may be applicable.
15.1. Both parties, renouncing their own jurisdictions and in the event of any queries, interpretation or dispute that may arise from the present contract, will submit to equitable arbitration which will take place within the territory of the Island of Mallorca.
16 UNRESERVED ACCEPTANCE OF THE CONTRACT
16.1. This contract is inserted into the MrDomain procurement process services selected by the customer, which specifically accepts all of its contents to enter the business services offered by Soluciones Corporativas IP, S.L.
The submit button activation of application for employment through the web MrDomain, gives the "Customer" and expresses the full and unreserved acceptance of the Terms and Conditions of the Services requested in the version put MrDomain electronically available prior to the activation of the submit button of the CONTRACT. The latest version of the Conditions of Contract is in the URL http://www.mrdomain.com/legal/. Before hiring any of the services offered, please carefully read the Conditions of Contract governing the provision of the service you want, including the technical, operational and functional service and fees to pay.
17.1. This Agreement has been drafted in an English and a Spanish version. In case of discrepancies, the Spanish language version shall prevail.