Terms and conditions of the contract
The terms and conditions that are gotten up in the present document (in future, the Contract), in the conditions on watch that are included in the respective Orders of Order, in the conditions reflected via Web in the hiring process online or in the conditions set out via e-mail or by telephone by the telesales agent (in future, jointly Particular Conditions of Hiring) they conform the will of the signatory parts and express the total adhesion and without reserves of the Client to the Contract. The present General Conditions will be of application with respect to the Particular Conditions of Hiring that do not have dispositions in opposite sense. In case of contradiction the arranged thing in the Particular Conditions of Hiring will prevail. The Contract previously annuls and replaces any other concluded written agreement or on identical object.
1. Object of the Contract
It constitutes the object of the regular Contract the terms and conditions according to which Espinaquer Internet, SL (with its Aemilius brand, from now on Carat-Hosting), in exchange for the agreed return, will serve or make available and products that are identified in the corresponding Particular Conditions of Hiring (the Services).
2. Duration and Use
Each contracted Service will last indefinite. If in the Particular Conditions of Hiring a minimum period of permanence settles down, this one will be computed except for indication in opposite sense, from the day in which Carat-Hosting activates the contracted Service or the Client receives the corresponding Order of Supplying, whatever first in taking place, and it unless the Client properly shows and justifies the nonavailability of the asked for Services. Finalized the minimum period of permanence or, where appropriate, the duration indicated in the Particular Conditions of Hiring, the present Contract will be understood automatic and tacitly prorogued per successive periods equivalent to the period of invoicing of the service, unless the contract is solved according to the terms indicated in Clause 8 (Completion of the contract) or the low one is asked for according to the terms indicated in Clause 9 (Low of the Service).
3. Economic conditions
As return by served, the Client will pay to Carat-Hosting the total amount that is stipulated to this end in the Particular Conditions of Hiring. The contained prices will be, except for express indication in opposite sense, reviewed by Carat-Hosting annually and of automatic form in accordance with the variation to the rise of the CPI of the previous year. The prices reflected in the Particular Conditions of Hiring can include discounts and other special conditions established by Carat-Hosting in favor of the Client.
(b) Reimbursable Expenses and Excesses
The Client will have to pay to Carat-Hosting the reimbursable expenses, understanding by these the expenses of displacement of the personnel assigned by Carat-Hosting for the development of the Services, plus the position that if so corresponds, for management of the services that had been necessary to render.
The Client will have to also pay to Carat-Hosting the amounts disbursed by Carat-Hosting as a result of those realised just consumptions on behalf of the Client that exceed the contracted ones (in future, excesses). With the object of the present clause the excess on contracted initially by the client in the transference will be understood by excesses, declarative but for a reason or purpose nonlimiting the Web, in the electrical consumption of the circuits, in the bandwidth and the space of backup copy storage (back-up). The excesses will invoice according to the effective tariff at every moment, that will be able to be consulted in http://www.carat-hosting.com.
The invoicing of the Services will begin from the day in which Carat-Hosting activates the contracted Service. The invoicing by the Services will be formulated at the expense of the Client, in agreement with the fixed prices or with the corresponding revisions of price that were applicable. The Services will invoice: (a) monthly in advance in the case of quotas of discharge, quotas of connection, periodic quotas of installment and quotas of use or (b) in accordance with the calendar of invoicing reflected in the Particular Conditions of Hiring. The invoices by the benefit of the Services will include the Tax on the Added value, removing all those amounts on which Carat-Hosting has the obligation to retain and to enter at the expense of the Client. Any reimbursable cost or service of lent technical support, including initially in the Particular Conditions of Hiring will not be imputed in the invoice immediately subsequent to the period in which the excess has taken place and in agreement with the effective tariff of prices in the period in which it has taken place. If passed ten (10) days from the emission of the invoices the Client it would not declare, by any means that credit its reception, its disagreement with the content of the same, will be understood that these invoices are correct, not accepting Carat-Hosting no passed claim this period.
The Client gives his express consent so that Carat-Hosting makes its available, by electronic mediums and via Telematics, the electronic invoices that she issues to him in format pdf. The Client will be able at any moment to exert his right to receive the invoices in support in writing paper, going to Carat-Hosting.
(d) Form of payment
Except for indication in opposite sense in the Particular Conditions of Hiring, the Client will make the payment within the ten (10) next days to the emission of the invoice, by means of debit or payment with debit or credit card. In case of return, he delays or non-payment of receipts, Carat-Hosting will be able to suspend, at any time and without needing previous warning, total or partially the Services, as well as to prevent to the Client the hiring of new Services. Also, the delay in the payment by a period superior to 1 month or the temporary suspension of services in two occasions by blackberry in the payment, will give right to Carat-Hosting to the definitive interruption of the services and the corresponding resolution of the contract, previous notification with 15 working days of advance being able, where appropriate, to ask for the indemnification by cancellation anticipated had in Clause the present General 9 Conditions and the installment of the damages that could be irrogar as a result of their breach. Despite the previous thing, all invoice overcome and pending of payment will accrue, from the date in which it had to be phelp, interest of delay to the legal type of reference more two (2) percentage points. The banking returns of promissory notes, heels and turns, will accrue expenses of non-payment of 3% of the total of the amount the given back, as well as corresponding interest of delay previously described.
Supposing that the Client did not specify the Service by which she realises the payment, Carat-Hosting will be authorized to apply the phelp amounts, at the expense of anyone of the Services contracted by the Client, insofar as it is necessary for the extinction, total or partisan, of any debt contracted with Carat-Hosting by the benefit of the same. The non-payment by the Client will authorize to Carat-Hosting, previous the requirement, to communicate this end to the information services on patrimonial solution and of credit, in agreement with the anticipated thing in the applicable norm.
4. Rights and Obligations of Carat-Hosting
Carat-Hosting will have right: (a) to acquire to the Client the price by the benefit of the Services; (b) to accede to the facilities of the Client and dependencies where are the equipment and (c) to interrupt the Services to undertake all those tasks that understand necessary and/or advisable with the purpose of to undertake improvements and/or reconstructions in the same, as well as to conduct operations of maintenance of the Service. In this last case, Carat-Hosting will realise its maximum efforts: (i) to notify the Client, in the measurement that it is possible and with the reasonable advance, those periods of time in which the Service was interrupted and (II) so that such interruptions affect of minimum form the Client.
Carat-Hosting is committed: (a) to serve in agreement with the terms established in the Contract and (b) to realise its maximum efforts to throughout guarantee the benefit of the Services of uninterrupted form the twenty-four (24) hours to the day the days of the year. Carat-Hosting will at all costs try to facilitate to the Client the Services in the been suitable date, but he will not be responsible for circumstances or events that are outside their control, such as the delay, the interruption or the bad operation of the Services attributable to operating third parties or maintenance companies, lack of access to networks of third parties, acts or omissions of the Public Authorities or act of God or greater force.
5. Rights and Obligations of the Client
The Client will have right: (a) to use the Service contracted in the terms and conditions agreed in the Contract and (b) to receive information with respect to the development and the implementation of new and/or complementary functionalities to the contracted Services.
In the cases that, according to the effective legislation in the matter of Defense of Consumers and Users, are applicable, the Client would have right to stop of the present contract within 14 days natural without needing justification. The right could be executed from its Control Panel opening consultation in the section Help and Support and indicating the services and their unequivocal will to stop, or by means of the signature and the shipment to Carat-Hosting along with a copy of its national identity document of the models anticipated in the legislation. The term will expire to the 14 natural days of the celebration of this contract. By means of the acceptance of the present conditions the Client allows specifically in the home of the execution of the services of immediate form and during this period of dropping of the claim.
The Client will not have right of dropping of the claim in the picked up assumptions of exception in the effective legislation, eg: services that completely have been executed; one is customized services on the basis of the specifications of the Client such as names of domains, digital certificates, analysis or report of positioning or optimization Web, services of personalisation and design of contents, and services that include elements dedicated for the Client; and services of provision of digital content.
The Client will have: (a) to fulfill the obligations of payment in the terms and conditions established in the present contract; (b) to provide to Carat-Hosting the necessary collaboration for the correct benefit of the Services, being commited itself, to this end, to facilitate necessary the engineering datas, as well as to facilitate the access to its facilities and dependencies where they are lodged the equipment that was necessary for the benefit of the contracted Services; (c) not to disturb, to prevent, to interfere with, to distort or to damage the equipment, systems and/or facilities of Carat-Hosting or third parts; (d) to observe all the norms that Carat-Hosting can impose on the use of its facilities and resources, as well as the policies and conditions of use related in the direction Web: http://www.carat-hosting.com/empresa/legal.html, which comprise of this contract by reference; and (e) not to use the Services for the opposite taking of steps to the laws, the moral, the public order nor to use the Services with aims or illicit effects, prohibited, harmful of rights and interests of third parties; (f) the client whom it has engaged in the facilities of Carat-Hosting will have to ask for with an advance warning of at least two (2) working days the collection of any equipment deposited in the dependencies of Carat-Hosting, being condition essential to do it being to the payment current. The collection will have to be realised in any case in working day.
6. Guarantees of the Service
(a) Quality of the Service
Carat-Hosting is committed to realise the maximum effort in on the matter maintaining a high level in the fulfillment of its obligations of the continuity of the Service, still with the possibility that Carat-Hosting cannot guarantee, explicitly or implicitly, the continuity of the Services in a while determined by circumstances originated by problems in the network of Internet, failures in the computer science devices and other unforseeable circumstances. So that the client accepts to support within some reasonable limits these circumstances, reason why she specifically resigns to demand to Carat-Hosting any contractual or extra-contractual responsibility by the possible failures, errors and use of the contracted Service.
However, if Carat-Hosting, due to these circumstances, failed to fulfill the commitments assumed in the present contract by a space superior to 24 hours, the Client will have right to protest for compensation, the return of the phelp money corresponding to the period in which the Service is interrupted or it does not work correctly.
This compensation replace any other indemnification derived from the bad operation, interruption, failures or failures of the Services that could correspond to the Client and will totally settle any losses of the Client.
We guarantee the availability of our services in 99,5% an annual one except by causes majors or other circumstances of which Carat-Hosting cannot become responsible. 0,5% of time guaranteed it cannot be due to maintenance of servers or hardware failures.
Annually a 0,5% imply a maximum of 18h where the Service could not be available, the most habitual reasons are by maintenance tasks, the average times of availability of the last year has not been of 0h 50m by servant, in their majority due to tasks of update of the Operating system and/or problems of Hardware. 90% of the interventions we were able to make them in schedules nocturnes of smaller traffic to avoid than they affect these tasks to him that on the other hand are necessary to improve the security. In case of hardware failures the technicians of Systems take part in the Servant in less than 5 minutes to be able to solve the incidence as rapidly as possible.
We use all the means available to avoid any affectation of the Service that can repel in the quality of the present and future Service.
(b) Harmful Codes
Carat-Hosting does not guarantee the absence of any other people's elements that can produce alterations in the teams and computer science applications of the Client, or in electronic documents and transmitted files stored en/o from the same. Carat-Hosting declines any specifically responsabilidad/es in relation to the introduction in the teams and/or systems of the Client and/or in the programs of computer or other people's materials that contain a sequence of instructions or indications, that can cause injurious effects to the computer science system of the user.
7. Regime of Responsibility
(a) General Regime
Unless in the present Contract or the Law the opposite prevails specifically and, exclusively, in the measurement and extension in which it imposes it, Carat-Hosting will only respond of the direct damages that the Client suffers, and only when they have been caused directly by Carat-Hosting. Carat-Hosting will be exonerated of any type of responsibility in front of the Client, its users and third parties, in the assumptions in that the anomalies are due to actions or omissions directly imputable to the Client, to their users, contractors, renters, representatives, assignees, employees or personnel who depend on her or are to their service, or any third parties, as well as of those direct or indirect consequences of the evil use or the illegal manipulation of the Services by personnel other people's to the Client, of the lack of any permission as much for the installation as for the modifications of the technical characteristics of the equipment imputed or imputable to the Client. Carat-Hosting will not be responsible for the damages, loss of business, income or benefits, emergent damage, dismissed profit or of opportunities of business, saving of expenses and disappearance or deterioration of data.
Carat-Hosting will not be in any case responsible for: (a) the honorary costs, fines, sanctions, indemnifications, positions, damages or that are derived as a result of the breach by the Client of their obligations; (b) the content, use and publication of the information and communications distributed through the Services as well as the use and the obtained results of the Services by the Client and his users; (c) the violation of the Client of any norm that could be applicable to causes or in relation to the use from the Services. The Client is and will be the only person in charge of: (a) the use that realises of served; (b) the complete fulfillment of any norm that could be applicable to cause or in relation to the use from the Services.
The Client who has contracted the name service of domain accepts that Carat-Hosting will not be responsible, in no case, of: (a) of the direct or indirect damages, that could be caused to the Client or third parties and that had to the use of the domain name object of the contract; delays in the access or interruptions of the access to the system of registry of Carat-Hosting; it does not give or error of delivery in term of the data between Cliente and Carat-Hosting, including the additional necessary documentation, if outside it needs; Greater force; the processing of this request; the processing of any modification of the Registry associated with the domain name; the breach of payment on the part of the Client or its Agent of the tariffs specified by Carat-Hosting for the hiring of the service; the application of the policy of Dispute established, where appropriate, in the specific conditions applicable to each one of the extensions contracted; (b) Carat-Hosting will not be responsible for any damage or damage that is caused to the Client or third party by the action of the organization of Registry in the benefit of its services of registry, as for example (without being limiting) errors in the registry of the domain. The Client exonerates of responsibility by such concept to Carat-Hosting, notwithstanding exercising against the organization of Registry the actions for damages that are derived by their action.
Carat-Hosting will not be responsible for the problems derived from the lack of access or the inherent problems to the connectivity to Internet or the networks of electricity when these will have their origin in causes other people's to their control or causes that could not have been anticipated by the Parts or that still being foreseeable, Carat-Hosting has realised all the reasonable efforts to avoid them or that were considered as chance causes or of greater force. Carat-Hosting is completely other people's to, does not take part in the creation, transmission nor in the putting at the disposal of, and it does not exert any previous test exercise nor guarantees legality, infallibility and utility of, stored, received the transmitted, spread contents, obtained, put to disposition or accessible to traverse or by means of the Services, declining any responsibility that of it could be derived. With the purpose of to prevent and to persecute the infractions in which Carat-Hosting can be declared responsible subsidiary civilian, the Client specifically authorizes to Carat-Hosting to facilitate the data and the access to the content who is required to him by the competent authority, as well as by the forces of security of the State, during a police investigation. The Client is the only person in charge against any claim or legal, judicial or extrajudicial action, initiated by third people as much against the Client as against Carat-Hosting, regarding the infraction of rights of third parties and/or applicable norms that derive from the content, assuming the Client whichever expenses, costs and indemnifications is irrogadas to Carat-Hosting on the occasion of such legal claims or actions.
The responsibility of Carat-Hosting derived from this Contract will be limited the sum of all the amounts phelp by the Client during last the six (6) preceding months to the production of the event cause of the damage, as much for each incident as for the sum of all the incidents happened in this period.
Notwithstanding the exonerations and decided limitations of responsibility in the present clause, both parts accept that any indemnification that potentially could be derived from the breach of the present Contract will have necessarily to become moderate having as reference, among others, the following criteria: (a) the existence of a reasonable relation between the levels of existing guarantees and the agreed repayment; (b) the state of the technique at every moment and the uses and customs of the companies that act in the sector; (c) the type and the nature of the Services contracted in relation to the inherent risks the enterprise activity of the Client; (d) the taking on the part of the Client of the precautions necessary to eliminate and/or if so to diminish the caused damages.
(d) Responsibility of the Client
The client accepts and decides, in the measurement that is applicable to the contracted Services, that: (a) the information transmitted or lodged in anyone of its forms through contracted Service, belongs to all the effects to the Client, who will be responsible against third parties for the content of this information. In this sense, the Client commits himself to leave undamaged Carat-Hosting of any claim that, by these reasons, could be deduced against that one by third people. To this end the Client recognizes the right of Carat-Hosting to cancel and/or to erase the content to his discretion; (b) will be responsibility of the Client who the unloading of data and/or any material of the servant can produce a damage in the system of the computer or loss of data; (c) the information or services that the Client provides will not suppose infringement of the fundamental rights and the public liberties recognized by the Spanish Constitution and the rest of the effective Legal Ordering, in particular, of established in the legislation on rights of the consumers and the users and child protection and youth. Therefore, the Client commits himself to leave undamaged Carat-Hosting of any claim that, by these reasons, could be deduced against that one; (d) will be responsibility of the Client obtaining authorization of third parts for the lodging and diffusion of the information of third parts associated to the domain name that, where appropriate, it has contracted; (e) in particular the Client will be responsible for: (i) the use with illicit aims of the service or anyone of the elements that integrate it; (II) the transmission or diffusion of materials or contents that violate the effective legislation and the publication of materials that do not count on the necessary licenses and/or permissions according to the legislation of rights of the industrial or intellectual property; (III) To provide the additional information required by the recording organization of each extension of domain, when it has contracted this Service. This information will only be valid whenever it is provided within time.
8. Completion of the Contract
The present Contract, in relation for each one of the Services that, each case, are of application, will finish by the admitted causes so much in the Civil Code as in the one of Commerce and, in particular, by the following: (a) by mutual agreement between the parts indicated specifically in writing and (b) by the anticipated resolution of the Contract in accordance with the terms and conditions that are developed in Clause 9 (Low of the Service) of the present General Conditions. In any case, the completion of the Contract will not exonerate to the parts of the fulfillment of the pending obligations.
Notwithstanding the faculty of completion of the established contractual relation in the previous paragraph, Carat-Hosting it will be able at any time to retire or to suspend and without needing previous warning the benefit of the Services to the Client in case it considers that this it realises activities that affect to the rest of clients and/or put in danger the integrity of the infrastructure and/or services of Carat-Hosting failing to fulfill anyone of the obligations assumed by this one by virtue of the Contract, being able, where appropriate, to ask for the indemnification by cancellation anticipated had in Clause (Low of the Service) the present General 9 Conditions and the installment of the damages that could be irrogar as a result of their breach.
9. Low of the Service
The Client will be able to solve the present Contract at any time whenever she communicates to Carat-Hosting specifically and in writing, his will of not continuing with a minimum advance of fifteen (15) days to the date of next invoicing.
The loss request will have to be express, and will be able to be realised by the following channels:
- From the Control Panel of the client acceding with its user and password.
- By any written means, crediting to its reception and the identity of the holder of the contract, enclosing copy of the legal document of identity of the holder (CIF, NIF, NIE) and of the legal representative (NIF, NIE)
Served by Carat-Hosting to the Client entails for Carat-Hosting the accomplishment of investments and the necessity to have costs jeopardizes against third parties. Consequently, in case the Client gives by finalized the Contract failing to fulfill the minimum period of permanence or the duration indicated in the Particular Conditions of Hiring and without being covered by no with the causes expressed in the sections (a) and (b) of the previous clause (Completion of the contract), this one will be forced, for indemnification or by anticipated cancellation, to (i) to pay to Carat-Hosting the agreed Price of the Services, that is to say, the remaining quotas until the conclusion of the minimum period of permanence that would have been phelp by the Client in case of not to have urged the anticipated cancellation and; (II) to reimburse to Carat-Hosting any advantage or discount from which it had been possible to benefit to the signature of the Contract.
10. Intellectual and Industrial property
Each one of the parts recognize the ownership of the other or any other third parties with respect to all rights of intellectual, industrial property, and on other analogous rights on elements, technology, know-how, brands, logo and any other element, creation, invention or distinguishing sign of their property.
11. Pact of Confidentiality
Notwithstanding the had thing in the legislation applicable in relation to the revelation the present Contract to the competent authorities, the parts assume strictest to have of confidentiality on the content of the conversations, negotiations, activities regarding the object of the present Contract, as well as to the information regarding infrastructures, procedures and technical tools managed by Carat-Hosting to which the Client had access, committing themselves not to disclose, neither total nor partially their content to third parties without the previous authorization and in writing of the other parts. Notwithstanding the previous thing, the parts will be able to keep awake this information to the companies of their same enterprise group, used and collaborating and consulting independent that need to know such information and they are committed to keep the confidentiality in as strict terms as the arranged ones by means of this Contract.
The present clause will remain effective after the resolution or extinction of the present Contract or anyone of the Services anticipated in the same.
12. Personal character data
The parts are committed at any moment to respect the effective norm in the matter of protection of personal character data. The personal character data facilitated by the Client in the registry form and, those that it facilitates in the future by virtue of the present Contract, will be incorporated to a file of personal character data ownership of Carat-Hosting, that will deal with the data the Client for the development and management of the present contractual relation, as well as for the shipment of the news bulletin and commercial information related to their products and/or services. The Client will be able, at any moment, to exert his rights of access, rectification, cancellation and opposition going a: Espinaquer Internet, SL - Central 10, 7 plants, Edicio Goshawk
30100 Enterprise Park of Espinardo, Murcia.
Also, supposing that Carat-Hosting had access to personal character data responsibility of the Client, it will be considered ordered of the treatment of this information, committing itself to fulfill the obligations who corresponds to him by Law, especially, the established ones in article 12 of the effective Statutory law of Protection of Personal Character data. Carat-Hosting will treat the data to which it has access according to the instructions of the Client, not applying them or using them with aims different from the established ones in the present Contract, nor will communicate them, not even for its conservation, to no third party.
Carat-Hosting is committed to adopt the safety measures that indicate in the direction Web: http://www.carat-hosting.com/empresa/legal.html, which comprise of this contract by reference. The Client recognizes that these measures adjust to the level of security applicable to the type of information that is object of treatment as a result of the benefit of the Service, being necessary the signature separately from a contract of tie data processing to this main contract according to model available in this direction Web. Carat-Hosting declines any responsibility on the infringement of the security systems of the Client or the immunity of the personal character data when these are transported through any networks of telecommunication.
Once finalized the present Contract, Carat-Hosting, to request of the Client, will destroy or give back to the Client all the information to which it has had access, except those data that must conserve blocked when a legal forecast exists that demands its conservation.
All the notifications or other communications that there are to be realised under the present, will be due to realise in writing by any means that credits its reception, being able to be directed for the attention of the contact people who indicate themselves in the Particular Conditions of Hiring.
14. Cession of the Contract
The Client will not be able to yield the rights and/or the obligations acquired by virtue of the present Contract to any third party, inclusively subrogating itself in his contractual position. Notwithstanding the previous thing, and for the purposes of the present stipulation cession will not be considered any operation of club reconstruction in which they are affected anyone of the companies, as well as the entrance in its capital of third organizations insofar as this change does not imply an effective taking of control on the part of the third purchaser, which will have to be notified immediately to the other part. Carat-Hosting will be able to yield the present Contract to any third party through any valid form in right, previous communication in writing to the Client thirty (30) days ahead.
15. Not-Resale of the Service
It is specifically prohibited that the Client resells the contracted Services or that in no way its use, total or partisan authorize to third parties or that use them, it introduces or it incorporates in the scope of an enterprise or professional activity different from hers own one.
Carat-Hosting will be able to subcontract the execution of any of its obligations derived from the present Contract. In any case, Carat-Hosting will be always responsible shared in common for the fulfillment of the Contract and all the obligations derived from the same in front of the Client.
In the case of realising data processing of personal character Carat-Hosting it will not subcontract those services that imply data processing of personal character without the consent of the Client, previously whenever contract of tie data processing to this main contract is signed according to model available in http://www.carat-hosting.com/empresa/legal.html.
It will be of exclusive responsibility of each one of the parts the hiring of the corresponding insurances that guarantee the possible responsibilities that are derived from the Contract and its breach.
18. Modification of the Services
Carat-Hosting reserves the faculty unilaterally to modify the presentation, configuration and operativity of the Service, as long as this modification does not affect the functionality nor the acquired commitments of the Service, nor supposes no increase of the decided prices.
When Carat-Hosting introduces any modification that supposes an increase of the decided prices or the conditions anticipated in the present CGC or the particular conditions applicable to the Service will come to notify the terms of the modification and the variation of the price (1) a ahead month to the date in which the modification has to be effective. In the mentioned notification, Carat-Hosting will inform to the Client of its right to solve the present contract without penalty in case he is not in agreement with the propose modifications.
19. Applicable law and Resolution of Controversies
The arranged thing in the present Contract will be in force and interpret according to the Spanish legislation. For the resolution of the controversies that could be provoked under protection of this Contract and with express resignation to any other charter that in right could correspond to them, both parts decide to be put under the charter and jurisdiction of the Courts and Courts of the City of Madrid.
20. Attention to the client
The client will be able to go to Carat-Hosting, either through means qualified in his www.carat-hosting.com webpage or through telephone of attention to client 644 748 403 or by any other means that Carat-Hosting puts at the disposal of the Client, to ask for information on the Services and to make complaints, claims and requests and any contractual incidence related to the benefit of the Services as well as to ask for the compensations ready in the Agreement of Level of Services.
If any clause of this Contract were declared null or without effect, wholly or partly, by any court, the remaining stipulations will conserve their validity, unless the Parts in mutual agreement decide the completion of the Contract. Any documents or declarations, would be these verbals or written, previous to the entrance in force of the same, they will be considered revoked definitively.
The terms and conditions that take shelter in the present General Conditions will be of application with respect to the Particular Conditions and the Orders of Order that do not have dispositions in opposite sense. In case of contradiction between the terms the indicated in the present General Conditions, the Particular Conditions and corresponding Orders of Order, will always prevail the conditions decided in these last instruments. If several Particular Conditions existed regulating a same type on watch will always prevail and in any case those of more recent date.
23. Name services of domain
23,1 Description. They will be understood by Name services of Domain, the benefit on the part of Carat-Hosting of a service of procedure for the registry, transference, modification and/or renovation of domains in the name of the Client before a Supplier of Registry credited before the regulating organizations of domain names, in future the Supplier responsible for the administration of the asked for /los dominio/s, previous payment of the tariffs and applicable prices. The activation of the Name service of Domain implies the acceptance on the part of the applicant of the present General Conditions available in the following connection: http://www.carat-hosting.com/agreement.html.
The Client, under his exclusive responsibility, subscribes the declarations that settle down in the specific conditions of each one of the contracted extensions of domain and declare that it knows and accept the conditions established by the Supplier responsible for the administration of the asked for /los dominio/s.
23,2 Intermediation. The Client allows that Carat-Hosting acts in its name, commiting himself, when therefore the applicable norm establishes it, to send properly signed the documentation that to the effect asks for the Supplier. The Client recognizes that she corresponds to Carat-Hosting to carry out the request of the domain name before the Supplier, but the concession of inscription of this name of domain is exclusive responsibility for this organization. Also, the ownership and last responsibility on the domain name fall only and exclusively to the Client.
23,3 Data of registry. The Client will have to include in the registry form the identifying data of the contractor, la/las asked for extensions of domain, the required activities: registry, transference, modification and/or renovation and any other data that in this form is indicated as obligatory, including a direction of e-mail, that will be the center of all the notifications that Carat-Hosting must realise the Client. The client is responsible to communicate to Carat-Hosting any modification on the proportionate data. Carat-Hosting will not be responsible for the nonreception of these notifications. The Client commits himself to provide data of contact certain and to update them properly, since these will be those that will, where appropriate, consider the organizations of registry in their communications with the beneficiaries of the domain names, being able any falsification in the briefed data to be cause of disrespect of their request and cause of loss of the domain name, that could then be assigned to another applicant whom it had right to it. The Client accepts that to provide incorrect information deliberately or to fail to fulfill deliberately with the obligation to update the information she will immediately constitute an infraction of the terms agreed in this contract and will authorize to Carat-Hosting for the cancellation of his name of domain. If the Client authorizes to a third party to use a domain name, the Client will be the proprietor of the registry of the name of domain and the person in charge to fulfill the obligation to provide complete and updated information to Carat-Hosting.
23,4 personal Character data. The Client allows the cession and/or international transference of the provided personal character data to Carat-Hosting that are necessary for the inscription and renovation from the domain asked for to la/s entidad/es from Registry. The Client accepts that Carat-Hosting and/or the Supplier and/or the organization of Registry make public some of the data provided by the Client during the registry process as demands the regulating organization of names of domain in Internet. In addition, he will accept that such organization can impose you rule, limits and/or conditions that are related to the amount and the type of information that Carat-Hosting can or must put at the disposal of public or private organizations. However, the Client will be able to ask for a copy of the data that are in possession of Carat-Hosting to review them, to modify them or to update them.
The Client declares that she accepts to appear related in the public directory WHOIS who picks up the following data contributed in the form of registry of domain referring a: (a) Propietary contact (Person, Organization, direction, e-mail, telf. and fax); (b) Administrative contact (Person, Organization, direction, email, telf. and fax); (c) Technical contact (Person, Organization, direction, e-mail, telf. and fax); (d) contact Invoicing (Person, Organization, direction, e-mail, telf. and fax).
Also, the Client will be able specifically to ask for to Carat-Hosting the modification of the data of directory saying according to the effective procedures at every moment.
23,5 Payments. The Client will, where appropriate, pay to the tariffs and prices settled down at every moment in the http://www.carat-hosting.com/dominios/precios-registro-de-dominios.html webpage for the corresponding services of registry of high initial and/or renovation, transference or modification of each one of the asked for extensions of domain. The forms of payment accepted by Carat-Hosting are: (a) Debit; (b) (c) and Credit cards (VISA and MasterCard) Paypal. It will be considered that indeed the payment of the Client has taken place when the Bank used for such aim therefore credits it to Carat-Hosting. Supposing that Carat-Hosting receives two requests for a same domain, the one that is phelp indeed before, without considering the dates of requests will be transacted (first in being phelp, first in being transacted).
The request of cancellation on the part of the Client of a request that has been completed by Carat-Hosting will not give right the return of the payment.
The cancellation of the Client of an order in proceeding does not imply the return of amount some on the part of Carat-Hosting.
23,6 Process. Carat-Hosting, once made the payment on the part of the Client, will adapt the facilitated information, at this last one, to the needs of the registry and it will communicate it to the Supplier. Carat-Hosting will act in agreement with Normas and Condiciones imposed by the regulating organization of domain names. Carat-Hosting reserves the right of annulling a request of registry in case the payment has been realised with fraudulent methods or it has not become effective, in agreement with established in the section the 23,5 Payments.
Carat-Hosting reserves the right to suspend or to cancel the name of domain of the Client, without previous warning, in case this last one uses that name of domain to habitually send to third parties not asked for commercial publicity and in contradiction with any applicable norm or if the Client uses the name of domain related to illegal or opposite activities to the good use.
Carat-Hosting, once initiated the proceedings on any request, reserves the right plenary session to apply a penalty by the cancellation of the same.
The breach of anyone of the conditions accepted by the Client, will authorize to Carat-Hosting to annul any order.
Given to the existence of multiple organisms and recording companies of Names of Domain anywhere in the world, the availability of a Name of Domain in a form search does not estimate that one is their true state.
The Client knows and gives his conformity of which the registry of the domain name that it has registered is put under suspension, cancellation, or transference according to any specification or policy adopted by the regulating organization of domain names, or conforms to any procedure of Carat-Hosting and the Organizations of Registry which they are not opposite with the specifications and/or policies adopted by the regulating organization of domain names, for the purposes of (1) correcting errors of Carat-Hosting or of the operator of the registry in the process of registry of the domain name or (2) for the resolution of referring conflicts to the name of registered domain.
The Client accepts that when the car park of DNS of Carat-Hosting is used redirija its domain to a webpage pertaining to Carat-Hosting as return, notwithstanding being able to change the DNS of the domain when she creates advisable.
23,7 Conflicts. In the assumption to exist a conflict on the attribution of a domain name, the Client commits himself, where appropriate, to follow the Policy of Dispute settled down in the particular conditions of each one of the contracted extensions. Carat-Hosting reserves the right of not acting as referee for resolutions of disputes between the Client and third parts by the use of the domain name.
In case the domain name is registered in the name of that one person who acts as agent of the Client (for example, an Internet service provider, an employee, etc.), this last one will be forced, as ordering, to all the terms and conditions mentioned in the contract, including the Policy of Dispute.
The Client will be the only person in charge of the safekeeping, use and cession of his name of user, keys and passwords of access to the webpage for the management of the domain names.
23,8 Renovation. Carat-Hosting will notify to the client the necessity to renew the domain before the contracted date limit. The official notices on warnings of renovation will be emitted by email electronic to the direction of the main Contact of the client card. The renovation of a name of I dominate registered is possible to be transacted at any time before the victory of the domain to date of lapsing indicated in the directory WHOIS. Passed this term, the domain will drop from the rolls for want of renovation. If the quota is not satisfied with renovation in the date limit communicated for the renovation, Carat-Hosting does not take responsibility of any direct or indirect consequence that derives by the cancellation from the domain, including the suspension of the technical resolution of the domain name that will be materialized as of the first day after the date of expiration.
Once terminate the dependent domain and services of which the holder could have assets, according to availability of each Registry delegated for each extension, the domains can be reactivated to request of their legitimate previous holder payment of the tariff established to the effect at every moment, during a variable period determined by the counted Supplier from the execution of the loss of the domain of the data base of Carat-Hosting, passed this term, the domain name will be free for their registry on the part of third parties. This service of reactivation will be commercialized as an independent service.
Carat-Hosting reserves the right to modify the conditions of renovation of the names of domain to its single discretion, being communicated the same to the email address facilitated by the Client and through the Web www.carat-hosting.com as minimum, 15 days before its entrance in force.
The renovation of the domain will suppose a new contract of domain according to the conditions established at the time of the renovation by Carat-Hosting, the Supplier, the organization of Registry and the regulating organization of names of domain in Internet. The client authorizes to Carat-Hosting to conduct all the necessary battles before other Organizations of Registry with the aim of which their domain is managed under the Recorder Code assigned by ICANN to Carat-Hosting, realising the recorder transference in the cases in which it was necessary.
23,9 Transference and modifications of the domain. In case of transference of the domain name, the Client accepts that changes do not take place at least up to sixty (60) days after carried out the initial registry of the name of the domain or transference from another Recorder. The modifications of the domain name can be realised on line or low express order to Carat-Hosting: (a) Modifications online: The holder of the domain can accede to the proportionate data of registry by him and rectify any incorrect data in the data of the administrative, technical contact and of invoicing, as well as modify the DNS or Servers associated to his name of domain through an Identifier (login) of user and password that the holder selected in the process of registry of the domain name. In case of loss or deviation of the identifier (login) of user and password on the part of his holder, and previous express request on the part of the same, Carat-Hosting he will notify login and password password to the email address of the person who appears in the card of the Client and the direction of the administrative contact of the domain name.
The holder of the domain will be responsible to safeguard his Identifier (login) of user and password of any nonauthorized use. In no case, Carat-Hosting will be responsible for the deprived of authority use or badly use of his login of user and/or password, as well as for the consequences that of these uses could be derived.
(b) Under order to Carat-Hosting: The holder of the domain will be able to solicit to Carat-Hosting that is this last one who realises the asked for modifications in the data of the contacts administrative, technical, of invoicing, as well as in the DNS associated to the name of domain, being able Carat-Hosting to accept or to reject this request. In case of acceptance, Carat-Hosting will verify the identity of the holder of the domain (applicant) and will once realise the changes received the corresponding payment according to the effective conditions in every moment. Once initiates the proceedings on a request, Carat-Hosting will not accept modifications on the same, which will imply, if it is desired, having to realise an order of additional modification at the time.
The Client will not be able to change the name of domain of Recorder up to sixty (60) days after his initial registry with Carat-Hosting or of the Recorder transference to Carat-Hosting. Also Carat-Hosting will require the formal accreditation of the request of crossing of the domain to the new Recorder.
23,10 Periods of invoicing. The invoicing will take to end once has been processed the order and verified the payment, according to the instructions of the Client at the time of request of the Service through the Web.
23,11 Duration. The duration of the benefit of the service is indicated in the form of registry of transference and/or the renovation.
23,12 Service of procedure. Carat-Hosting is provided of a system that picks up requests of the Client via Internet. The Client understands and assumes that this service will be transacted in schedule of office according to the work calendar of the Region of Murcia.
24. Service of lodging shared Web
The services of lodging shared Web (in future lodging Web) provide the resources necessary to be able to publish and to make visible a paÌgina Web in Internet and to have mailboxes of electroÌnico mail or email.
By means of contratacioÌn of the services of lodging Web Carat-Hosting proporcionaraÌ a series of resources grouped in the denominated Plans of lodging, with different caracteriÌsticas and capacities.
In funcioÌn of the Plan of contracted Hosting the following resources can be included in the service:
- Space of storage Web, by means of asignacioÌn of a quota of disc in which the Client can overturn his contents Web.
- Connectivity to Internet, measured as traÌfico or bandwidth.
- Mailboxes of electroÌnico mail, allowing enviÌo of email (1) and recepcioÌn of messages in buzoÌn of electroÌnico mail.
- Space of data, allowing basic the lodging of data with a certain quota of space.
- Managers and applications Web, for gestioÌn of the lodging plan.
- The nuÌmero of elements or capacity of each resource variaraÌ in funcioÌn of the Plan of contracted Hosting.
The storage space Web including in the plans of lodging estaÌ destined exclusively to the purpose of lodging the necessary archives for the operation of the paÌginas and applications Web of the client. Not estaÌ allowed to the use of this space of storage neither for backup of archives other people's to the paÌginas Web, nor for the broadcasting or audio distribution of and/or video, nor as joining point for the broadcasting or audio distribution of and/or video of third parties, nor stops to offer access to events that bring about a considerable increase of resources that put in risk the stability of the service, nor for comparticioÌn of archives between users, nor for the mass storage of archives nonrelated to the operation of the paÌginas and applications Web of the client. Each one of the plans of lodging limitacioÌn of space of storage has one indicated in the paÌgina Web at the time of contratacioÌn. Additionally, and independent of that limitacioÌn of space, Carat-Hosting establishes liÌmites teÌcnicos in nuÌmero maÌximo of 45000 archives allowed in each one of the commercialized plans of lodging.
(1) a limit of shipment of 100 messages to the hour settles down. Carat-Hosting can modify this limit based on the plan of lodging contracted Web and the needs of the Client. Although the shipment of commercial messages within the established limits is allowed, the massive shipment of commercial communications is not allowed.
24.1.1 Backup copy. It allows to unload a complete backup copy of a service of lodging Web, including all the archives (e-mail, data bases, filter and redirection of mail) and configurations necessary to have a local backup copy. This backup copy can be used by the Client to recover the content of the service, to transfer it from a servant to another one, and towards any supplier whose service of restoration is compatible with the unloaded backup copy of Carat-Hosting.
24,2 complementary Services
24.2.1 Service of backup copy restoration. Carat-Hosting realises backup copies of the service lodging Web to guarantee the availability of the service. The Client can solicit by means of a formal request, the total or partial restoration of the content of the service lodging Web doing use this one backup copy. The service of backup copy restoration has a pricing of 60 Euros/hour (IVA not including) with fractions of 30 minutes.