GENERAL CONDITIONS OF CONTRACTING OF SERVICES WITH BASTIFY
The acceptance of this document implies that the client:
- You have read and understand the above.
- Who is a natural person over 18 years of age, with sufficient capacity to contract, or legal, legally constituted, through the natural person who holds capacity for representation.
- That assumes all the obligations here arranged.
The present conditions will have an indefinite validity period and will be applicable to all the contracts made through the web.
Bastify reserves the right to modify these conditions by mediating the acceptance of the client. To this end, the website will provide the customer with information regarding the modifications made. The acceptance by the client of the modifications shall be understood to be carried out, provided that the client does not reject it within one month of the communication. In the event that the client rejects the modifications it will not affect the contracted services to be governed by the conditions in force in his hiring and until the end of the same one. The renewals made of the services contracted shall be governed by the new conditions.
I IDENTITY OF THE PARTIES TO THE CONTRACT
The parts of the contract are the client/S and Byte Advisory, SL (hereinafter, Bastify) with registered office in Madrid, C/Trueba y Fernández 5 2 º D C.P. 28016, registered in the Mercantile Registry of Madrid, Volume 35747, Folio 129, Sheet M 642402, section 8 , inscription 1, and C.I.F. B-87757910. Bastify has as email contact:Info@bastify.com. You can contact Bastify through the number + 34 630159258.
II HIRING PROCEDURE
That user who wants to hire the services offered by Bastify, must register as a client, free of charge, in the form provided for this purpose, which can be accessed by clicking on each of the products to be hired, following the steps of Contracting that will be exposed in the following clauses or by pressing the button "Client Access", through which the tab "Access account" can be accessed, on which if it is clicked, the "register" interface appears in the dropdown.
The data of the registration and recruitment form is compulsory to be able to provide the services offered on the web. If the customer does not provide such data, the request cannot be addressed.
Bastify offers the services of hosting or web accommodation of WordPress, professional, dedicated servers, Linux, Node JS and complementary products (mail, SSL certificates, email services and other add-ons that are added), as well as hosting They include the features described in each product sheet on the web. Among them are: domain registration (through entities accredited by ICANN, Internet Corporation for naming and numbers), Image optimizer, support, backups, anti-hacking measures, mail service Electronic, etc. It is understood that the services offered in each product sheet are provided.
The user, once registered as a client, can contract the services of BASTIFY, by clicking on the "Contract" button shown next to the product that interests you. Registration as a customer can also be made during the hiring process.
The client shall make the domain on which he wishes to be provided the services of BASTIFY, who will verify its availability and request to the client The additional information that is necessary to carry out the correct provision of the service that is Try.
The client must mark one of the following options:
- "I want to register a new domain", if you want to register a new domain in user name.
- "I already have a registered domain", if you want to maintain the domain with the current service provider, giving the user a temporary working address, for when the Web is ready, you can publish it by changing the DNS; Or if you want to transfer the domain later to BASTIFY.
The user must then press the "Continue" button. The service to be hired will then be shown, with the VAT disaggregated, and the total amount payable by the user is recorded.
Once the "complete order" button has been pressed, the price of the service to be contracted will appear, with the VAT disaggregated, making the total amount payable by the user.
The user is offered the option to add another domain record before completing the order. The user will have to press the "Confirm order" button to continue the registration process.
In the registration and hiring form, you must fill in all the fields that are requested: name, surname, in your case organization/company, DNI or NIF/CIF, e-mail address, password of access, confirmation of the password of access, Telephone, address, city, zip code, province and country.
The user is solely responsible for the veracity, accuracy and updating of the data provided in the hiring process and in any form on the web.
In case the user detects any error in the communication of the data, it will have to rectify that error as soon as possible communicating it to bastify through the electronic mailInfo@bastify.com; or modify the data provided through the corresponding form in the "Customer area", at any time, by accessing by your username and password.
Once the data has been filled in, in view of the habitual place of residence that the user has made in the form, VAT can be reviewed, in case it is not applicable in any territory, by pressing the "Update VAT" button.
In your case, it will be necessary to record the data of the Registrar of the domain of the user.
The payment method must be selected.
Finally, the user must press the "Finish the Order" button.
Once this is done, it appears in the navigator the confirmation of the order, being able to activate the service and to make the payment from the link "go to the invoice * * * * *".
Similarly, a mail is automatically sent to the customer, to the email address provided by the same, which is informed of how to activate the service by means of a link to access the "customer area" to view and pay the invoice Generated on the occasion of the hiring carried out by the client. This mail will provide the customer with their username and password. The customer is solely responsible for their user name and password, which are personal and non-transferrable. That is why they are obliged to take all the necessary security measures to preserve their confidentiality. Any act that is made with the user name and password will be the responsibility of the client.
In order for Bastify to be able to provide the contracted service it is essential to proceed with the payment of the generated invoice.
If the user already has a client account, you can make all the hirings you want through the "client area" menu, following the previous steps, without having to refill the fields of the registration form.
For any additional information or clarification regarding the content of the contracting conditions, do not hesitate to contact bastify via emailInfo@bastify.com, before hiring.
2.4. Refusal of registration of discharge.
Bastify may reject any user registration, and therefore the hiring of its services, provided that:
- (a) Verify that the data provided are contrary to the truth and/or inaccurate;
- (b) Consider that the request made: (i) does not conform to the terms set out in the contracting conditions and/or (ii) damage or may damage the corporate image of Bastify was contrary to the commercial purposes pursued by it and/or (iii) Bastify to Please note that the activity carried out by the client jeopardizes the correct functioning of the service of other clients and/or (iv) the contents of the client do not comply with the content policy of these conditions; Or
- (c) Any service previously contracted with Bastify is pending payment.
The denial of the services will be done by email to the email address provided by the user, justifying the reason for the service.
The applicant whose request was rejected by Bastify may request the services again, provided that the causes for which access to the service had been denied had been duly rectified.
2.5. Loss of user name and/or password
In the event that the client does not remember the password that he provided at the time of registration, he will be able to change or renew it, verifying the user name and responding to the security question that he also answered at the time of registration.
If the customer does not remember the user name (email) that was provided at the time of registration, you should contact Bastify at the email addressInfo@bastify.com, communicating the incidence. Bastify will respond to the communication sent by the client, being able to request that it accredits his identity documentally, by means of the referral of the D.N.I. or passport, of the C.I.F., writings of Constitution, of proxy or documentation of any other Nature or providing data on the information lodged or otherwise, allowing Bastify to reinstate in the use of the service to which it claims to be its rightful owner, and all, for the sake of security in the provision of the service.
III SPECIFIC CONDITIONS OF THE DIFFERENT SERVICES OFFERED
3.1. Domain Registration Services
Domain Registration Services shall mean the intermediation work performed by Bastify between the client and the accredited domain registrar.
Bastify, for the provision of the domain registration service, subcontracts the services of the following companies:
- SOLUCIONES Corporatos IP, S.L. (DonDominio), with registered office in the C/Ses Parres, 21 1 º corner brunete, Manacor (I. Baleares), Spain, accredited by the ICANN for the registry of domains.
The activation of the registration service implies the acceptance by the applicant of the current rules and procedures, of the tariffs and forms of payment and of the technical requirements established for the registration of domain names by the registering entities. . Thus, the client with the application of the registration through the Web, is accepting the specific conditions of both theICANN, such as the specific rules ofRED.ES, EURIDAndFundació. Cat, depending on the domain extension in question.
The client knows and expressly consents that the personal data provided to Bastify are facilitated to those entities with the purpose of proceeding to the registry domains, this communication does not constitute a transfer of data, since it is essential to be able Provide the service contracted, appearing in the event that it is necessary published such data. The option of hiding personal data is offered. The Free privacy service of domain contact data (Whois data), allows you to hide personal information for domain names ending in. com, .net,. org,. biz,. info,. mobi,. tv,. CC, and. Me. This option is not available for domain names. The client knows and assumes that the Whois privacy option can only be activated after the registration of a domain, so that its data could be captured and published (between the time of registration and the time of activation of the privacy service) on sites Web of services of publication of query of WHOIS data (whois databases), without that Bastify assumes any type of responsibility for this publication neither can request nor obtain the dispublication of the same ones, because they are websites of third parties outside Bastify.
The customer knows and assumes that any modification to the WHOIS data by reason of the cloaking request will cause the domain to not be transferred within the 60 following days.
Intermediation. The client agrees that Bastify acts on his behalf, forcing himself, when it is established by applicable law, to send duly signed the documentation that the Registrar has requested. The client recognizes that it is for Bastify to make the request for the domain name before the registrar, but the granting of the registration of that domain name corresponds exclusively to those registered entities.
The title and ultimate responsibility for the domain name falls solely on the client requesting the domain. Therefore, Bastify exerts a mere intermediation function in the allocation of domain names.
The client is obliged to provide certain and accurate contact details and to update them duly, since these will be those that are taken into account by the registration entities in their communications with the beneficiaries of the domain names, being able any Falsity or inaccuracy in the data entered is cause of dismissal of your application and, if applicable, cause of dismissal of the domain name, which could then be assigned to another applicant who was entitled to it. In domain transfer processes, cardholder data will reflect those provided by the previous registrar. In case of not providing obligatory data Bastify will include data that, after the process, the client can update.
Payments. It is necessary to have made the payment to Bastify for the beginning of the process of registration or transfer of the domain name. In this sense, the payment is considered effective when the bank accredits it or when it is available a document of the same or it receives confirmation of electronic payment or, in any case, when it has been harmed because of the creditor. In the case of two identical requests for the same domain name, Bastify would process the payment that was previously made.
Process. The data that the requesting client provides to Bastify for domain name registration will be automatically provided to the Registrar. Bastify, after obtaining the registration or the transfer of the domain name, as the case may be, will communicate and deliver to the client the accredited documentation of the service provided. Given the existence of multiple domains and domain name registrars around the world, the availability of domain names in a search form does not presuppose that this is their true state, and must be and go through the response provided by the Registrar.
Services. In the Domain name registration service, Bastify will proceed to register the generic or territorial top-level domain name. ES,. cat or. EU on behalf of the client. When the client has servers on which to activate the registered domain name, it will proceed to request the transfer of the domain name to the client's servers. Bastify will process by the client the change of server of the domain name to the authorized agencies, subject to the rules on the names of domains established by them.
The client declares to know and accept that, according to the current ICANN policies, domain name registries do not allow the transfer of the same in the first sixty (60) days from the date of the initial registration or the last transfer. Domain name transfers are at any time subject to the current policies of the domain Name System regulatory entities.
Standards. By virtue of this stipulation, the client accepts that once the payment of the requested service is made, Bastify does not guarantee the registration or the transfer of the domain name, especially if that name:
- (a) is already in use or reserved by a third party according to the principle of first come, first served or
- (b) The term selected is contrary to the law, violates rights of third parties or is contrary to the demands of morals and good manners.
In the event that such registration or transfer cannot be processed, Bastify will proceed to the reimbursement of the total amount disbursed in the shortest possible time. The provision of registration services shall, in any case, be deemed to be subject to strict compliance by the client with the following terms:
- To be the rightful owner of the rights relating to the domain name whose registration is requested or, at least, not to infringe or infringe any rights of third parties.
- Use the domain name only in accordance with the uses for which it was intended.
- Observe and comply with the requirements and rules of both ICANN that can be consulted inwww.ican.org, such as RED.ES's specific standards, which can be consulted inwww.nic.esAs well as the requirements and rules established in the linkswww.eurid.eu, for. EU domains and inWww.domini.catFor. cat domains and which are an indissoluble part of these conditions.
- Observe and comply with the requirements and rules of the registered entity (ies) subcontracted by Bastify.
- Observe all the rules and conditions that Bastify may impose on the use of the services and/or on the use of registered domain names through Bastify and where it has acted as an intermediary between the client and the Registrar.
- Do not use the Web page under the domain name, nor the services provided, for the carrying out of activities contrary to the laws, the moral and/or the public order. Likewise, the client undertakes not to use the service for illicit purposes or effects, prohibited, detrimental of rights and interests of third parties, declining Bastify any responsibility that could derive from it.
- The customer will not be able to publish or transmit content violent, obscene illegal, abusive, xenophobic or defamatory.
- The client will not be able to use the mail server for the purpose of spam, phishing, virus diffusion, or any other fraudulent or criminal activity.
Promotions. The promotion of free domain registration is applicable in new hirings of accommodation service for periods of at least 1 year. The promotion includes a free registration of a domain with the extensions:. com,. es, .net,. org,. eu or. Info. The promotion will be valid for the registration of a domain at the time of the hiring of the service or in the 30 days following the date of activation of the same.
Billing periods. The billing will be carried out once the order has been processed and the payment verified, according to the customer's instructions at the time of the request of the service through the Web.
Domain renewal. It is the client's obligation to pay the invoice for the renewal of the domain, which, if not produced, the domain will be expired, without being able to claim anything to Bastify because of such expiration due to non-payment of the renewal of the domain.
Bastify will notify you of the proximity of the renewal date, giving enough time to the customer to make or decline the renewal. These notifications will be made to the email provided by the customer.
The renewal invoice will also be made available to the customer 30 days prior to the expiration date of the domain. If the client does not pay the renewal, Bastify assumes that it is not interested in the renewal of the domain, so the loss of the domain will be the sole responsibility of the client.
3.2. Accommodation services
Resources and availability. Bastify guarantees to the customer the availability of the contracted storage space. The customer will be able to request increases of capacity being those invoiced increases in conformity with the current prices at the moment that is proceeded to his hiring. Bastify guarantees the repair and/or replacement of the allocated resources in the event that they do not meet the minimum service levels, unless such breach is due to causes of force majeure, or causes that are beyond its control.
Billing periods. The billing will be carried out once the order has been processed, according to the customer's instructions at the time of the request of the service through the Web.
Our servers are located in European Union territory.
The customer is aware that the availability of services may be conditioned by causes of various kinds. Bastify guarantees an availability or uptime of its servers in an annual 99.9%, except in cases of:
- (a) Involuntary failures in the technological architecture of Bastify or any third parties contracted for the purpose,
- (b) Periodic maintenance, repair, updating or improvement procedures, as well as
- (c) Causes of force majeure or any other that are alien to the control of Bastify including, without limitation, interruptions or failures in the links of digital transmission or telecommunications, congestion at the access points originated or Caused by assumptions of intentional attacks or by any other causes.
In the event that the contracted hosting plan exceeds the monthly bandwidth reflected in www.bastify.com, the hosting service will not be suspended, generating an invoice on the last day of the month for a value of €1 for every 1GB of traffic that exceeds the limit indicated in the tables Www.bastify.com. As soon as Bastify is aware that the contracted bandwidth has been exceeded, he will contact the client for his information, as well as the cats that will derive from it.
Content dump. Bastify will provide the necessary technical processes so that the customer can dump the information in the allocated storage area on the corresponding equipment, as well as to make the appropriate modifications/updates. The client guarantees that the information dumped to the technological architecture of Bastify has been free of any virus or element of analogous significance that when entering surreptitiously in the memory of the servers imply, once activated, the Destruction or disqualification, in whole or in part, of the stored information or of the physical elements that enable such storage.
External access to databases is only allowed by fixed IP, upon request by the client and subsequent approval by Bastify, to allow access only by the port 3306 of MySQL.
We do not support chat applications in our hosting because of the high consumption of resources they require. In the event that the server detects that a chat extension is used and a high resource consumption occurs, the chat access will be automatically disabled. We recommend that you use SaaS (Software As A Service) chat applications.
We do not support templates, extensions or commercial plugins. In the case of moving webs with extensions or commercial templates The client will have to have the original files of the templates or extensions so that, if we detect infections on the web during the transfer, Bastify can restore the files Original commercials.
Connections from IP of non-Spanish speaking countries
By default and for security reasons we restrict connections from IP of Spanish speaking countries. In the event that the customer needs to have or facilitate access by IP from non-Spanish speaking countries, he will be able to enable this access from his "customer area" to:
- Access to the administration of its webs.
- Give access to an FTP account.
- Check and/or unlock an IP in your account.
- Allow SEO crawlers.
- Give FTP access to an IP.
- Access the domain's email accounts.
In the event that the customer needs to access or connect from a non-Hispanic IP to any service not included in the access control of the "Customer area", you must indicate to Bastify, by sending a ticket, what services you need to use or what characteristics of Connections requires, for the Bastify technical Service to value and enable the IP that have to access or disable certain safety rules that may interfere with the operation of those connections.
3.3. Mail Service
Purposes. The e-mail service that Bastify offers to the client is governed by a series of rules and norms, which are aimed at achieving the following objectives:
- (a) Ensure, at all times, a fast and reliable mail service;
- (b) To protect the privacy of our clients ' data as much as possible and
- (c) Avoid any kind of abuse of the mail service.
Obligations of the clients. Apart from those indicated in the general terms of service, the following rules must be taken into account for the Postal service in order to achieve the above objectives:
- (a) It is necessary to protect the keys associated to the mailboxes, by storing them in a safe place and avoiding their disclosure to third parties. The customer must inform Bastify in case of loss or theft of their mail keys.
- (b) The customer shall be solely responsible for the misuse of his/her mail accounts, whether due to negligence or misuse of the service.
- (c) Persons who violate electronic mail security systems and, in general, any Bastify system, may incur civil, criminal or any other liability. Bastify will collaborate to the maximum extent possible to investigate this type of act, giving, where appropriate, the information required by the State security forces and judicial bodies for the persecution of such acts.
- (d) In addition to those indicated in these conditions, the following actions are expressly prohibited for the electronic mail Service:
- (i) sending illegal content, such as advocacy of terrorism, pirate programs, child pornography, threats, scams, pyramid enrichment schemes, viruses or hostile code in general, etc.
- (ii) Mass dissemination of messages, especially unsolicited advertising. It also prohibits the continuous and daily sending of thousands of emails. Bastify's email service is a tool for the exchange of information among people, not a tool for mass dissemination of information. Sending newsletters or newsletters from Bastify servers must comply with the guidelines established by the Bastify Technical service and at least the contract Plan must be Hosting 3 gigas. The customer must accept the rules in the sending of mass mails that the technical department indicates to him. If the customer fails to comply with the procedure indicated by the technical service, Bastify may cancel the customer service.
- (iii) any type of attack aimed at hindering or hindering the mail service or other services. Known attacks are included by sending a high number of messages per second.
- (iv) is also prohibited from falsifying email headers, regardless of the target being pursued.
Establishing constraints to the sending of emails according to the contracted hosting plan.
Failure to comply with these obligations by the Customer shall imply that Bastify will warn you of such breach and should the customer ignore such a warning, Bastify may cancel the service provided to the customer.
Obligations of Bastify. Bastify, for its part, assumes the following commitments:
- (a) Attempt to prevent to the extent of the possibilities of Bastify that the clients make any type of abuse of their service of electronic mail.
- (b) Use the maximum of technical and human resources to protect our customers against internal or external attacks, via email, whatever they were.
- (c) To seek continuous improvement of the service, among other ways, through compliance with the rules of this document.
Billing periods. The billing will be carried out once the order has been processed, according to the customer's instructions at the time of the request of the service through the Web.
(IV) MODIFICATION OF CONTRACTING CONDITIONS
Bastify reserves the right to modify or replace the present contracting conditions as a consequence of the modification, evolution and promulgation of laws, regulations and rules of application to the provision of the service and/or related aspects to them. It is advisable to revise the conditions of recruitment periodically to be informed of the changes that may come.
In any other case, the modification of the contracting conditions shall have effect only with respect to the hirings carried out after the date of such modification, maintaining the previous conditions on any modification, With those customers who have not consented such a modification and up to the date of service drop.
V RIGHTS AND OBLIGATIONS OF BASTIFY
Bastify shall be entitled:
- (a) To receive from the client the corresponding consideration for the services rendered;
- (b) To introduce technological changes or improvements in the services provided, provided that such improvements do not adversely affect the client's community, nor do they require an increase in the agreed prices;
- (c) to interrupt the services to undertake all those tasks that you understand necessary and/or convenient in order to undertake improvements and/or restructuring in the same, as well as to perform service maintenance operations. In the latter case, Bastify, in spite of not assuming the obligation of notification in advance to these tasks or responsibilities for the consequences that may have this interruption for the client, will make his maximum efforts:
- (i) to notify the customer, to the extent possible and in reasonable advance, those periods of time in which the service is shutoff and
- (ii) for such interruptions to affect the customer at a minimum.
Bastify is not responsible for the interruption of the services that are due to force majeure or if there is a fall of the data network outside of its will and control.
Bastify is not responsible for: the content hosted in the space attributed to the client, the possible damage to the client's equipment due to misuse, the virus damage, the errors of access providers, intrusions illegitimate on the part of Third-party, incorrect configuration on the part of the client. Likewise, Bastify is not responsible for any damages that may be caused to third parties or to the same customer for the misuse or illegitimate that is done by the client.
Bastify is committed
- (a) to provide the services in accordance with the terms set forth in these conditions and
- (b) To make maximum efforts to ensure the provision of services uninterruptedly twenty-four (24) hours a day for all days of the year. Bastify will endeavour by all means to provide the customer with services on the agreed date, but shall not be liable for circumstances or events beyond its control, such as delay, interruption or malfunction of the services Attributable to third party operators or service companies, lack of access to third party networks, acts or omissions of the authorities, fortuitous case or force majeure.
5.3. Customer Service
The Customer Support service consists of an on-line technical support service that is provided through a message exchange system called "tickets". This service comprises a diagnostic, incident-resolution service, as well as administrative and commercial query resolution. The sending of tickets can be made from the "Customer area", in such a way as to allow a better identification of the client and a safer benefit of such services.
The support service on hosting and domains is provided 24 hours, 365 days a year. The client can authorize from the "client area" different email accounts to allow communication with the support team Bastify, and therefore authorize them to have information, both the customer account and to make Requests and tasks in the activated services. In no case shall Bastify be responsible for mismanagement by the client of the authorized contacts in the "Customer area".
VI CUSTOMER RIGHTS AND OBLIGATIONS
The customer shall have the right:
- (a) To use the service contracted in the terms and conditions agreed in these conditions and
- (b) To receive information regarding the development and implementation of new and/or complementary functionalities to the contracted services.
The customer must:
(a) Comply with the payment obligations under the terms and conditions agreed upon;
(b) Collaborate actively with Bastify to make possible the provision of services, forcing, to that end, to provide the necessary technical data;
(c) Not to disturb, impede, interfere with, distort or damage the assigned equipment or systems of Bastify or third parties;
(d) Observe and comply with all the safety rules that Bastify may impose on the use of its resources: (e) Not to use the services for the conduct of activities contrary to laws, morals, public order or to use the services for purposes or Illicit effects, prohibited, detrimental of rights and interests of third parties, declining Bastify any responsibility that could derive from it. It expressly excludes the accommodation of pornographic content, online gambling, and disseminate content or propaganda of a racist, xenophobic, advocacy of terrorism or human rights attack.
The client is obliged to provide in its high as client, certain and accurate contact data and to update them properly. Any falsehood or inaccuracy in the data entered may be a cause of dismissal of your application or the temporary suspension of the hosting service, until the erroneous or inaccurate data is corrected. You must inform Bastify of any modification of the data provided.
(f) The customer is solely responsible for compliance with applicable laws and regulations.
(g) The customer is solely responsible for its user and password, which are personal and non-transferable. That is why they are obliged to take all the necessary security measures to preserve their confidentiality.
Infringement of any of the above obligations will enable Bastify to resolve the contract with the customer, without any claim. The customer will be notified with an advance of 48 hours to the email provided and then the cancellation will be made.
VII ECONOMIC CONDITIONS
As a consideration for the services provided, the customer will pay to Bastify the total amount that results from applying the prices published in euros (€) on the web. These prices do not include VAT The VAT shall apply on the price of the services contracted, depending on the territory in which the recipient of the services contracted is located. Disaggregated in the web recruitment process is the price, taxes and, where appropriate, the additional costs to be met by the customer before payment.
7.2. Coupons discount
Bastify, will have the power to, if applicable, provide discount coupons for those users who register through the qualified link that Bastify has provided to any website attached to its affiliate program. You will also have the power to offer discount coupons at any time that you decide, through your own or third-party limes that you consider appropriate, and for those user profiles you select, without these promotions being a must Application for all Web users.
The invoice of the services is generated with the order made by the client, going to be marked as invoice paid when the client makes the electronic payment or once indicated the IBAN from the invoice the charge is sent to the account of the client.
The activation of the service, as well as the beginning of the billing period of the contracted service will begin the same day in which Bastify communicates to the client the acceptance of the contract or since Bastify proceed to the activation of the contracted service, whatever The first thing that takes place.
The services will be billed annually or in accordance with the billing schedule agreed in particular with the customer.
Invoices for the provision of services will include the value added tax (VAT) that, if applicable, according to the type of application at any time, practicing the legal withholding that Bastify has the obligation to practice for his income In public finances on behalf of the client.
The customer expressly consents to the issuance of the electronic invoice. The electronic invoice will be received by email or you will be able to download it from the client through the "Customer area". The customer who has the consumer and user consideration may revoke that consent by sending an email to the address:Info@bastify.com.
The client by accepting the present contracting conditions, is giving his express consent to Bastify to make available electronic invoices to him by electronic means and via telematics. Bastify will not issue or send invoices to the client on printed media, having the client the possibility to print those that want to descargándolas from if "Customer area".
7.4. Payment method
Unless otherwise indicated, the customer shall make the payment by means of the payment indicated at the time of the hiring.
In the event of return, delay or non-payment of the receipts, Bastify may suspend, at any time and without prior notice, in whole or in part the services, as well as to prevent the client contracting new services in Bastify. In the case of direct debit of the payments to be made by the client, if there are bank refunds of such payments, this implies the suspension of the service until the regularization and the correct payment by credit card.
VIII DURATION AND TERMINATION
8.1. Period of validity
The contractual relationship between Bastify and the client shall have effect at the time when Bastify communicates to the client the acceptance of the contract or since Bastify proceeds to the activation of the contracted service, whichever is the first to take place. To this end, the customer must have satisfied the invoice generated at the time of the request of the service. It will also have the initial duration defined by the customer at the time of activation and service request.
After the initial duration period, it will be understood that this is the date of the service being dropped.
The client may request the extension of the contracted service, provided that it accepts the modifications that, if any, may occur in the contracting conditions, being informed to that effect by Bastify.
Notwithstanding the foregoing, the customer wishing to migrate the contracted service to a higher level hiring plan may do so at any time, from their own "customer area" and paying the difference in costs between the two plans and prorated For the period (in days) that remains until the renewal of the service.
The present conditions of contracting, in relation to each one of the services that in each case proceeds, will terminate by the cases admitted in the Civil code as in the trade and in the commerce and, in particular, by the following ones:
- (a) for the termination of the term of validity or of any of its extensions;
- (b) by mutual agreement between the parties expressly expressed in writing and
- (c) by the anticipated resolution of the contracting conditions in accordance with the terms and conditions that are developed in the following clause. In any case, the termination of the contractual relationship will not exempt the parties from the fulfilment of the outstanding obligations.
Without prejudice to the faculty of termination of the contractual relationship established in the preceding paragraph, Bastify may withdraw or suspend at any time and without prior notice the provision of customer services in the event of non-compliance with Any of the obligations assumed by this one under the present conditions of hiring, being able to claim in its case to the client the damages that could be irrogar by reason of such breach.
8.3. Unilateral resolution on the part of the customer
The customer will be able to resolve these contracting conditions at any time whenever he communicates to Bastify in an express and written way, his will not to continue. With regard to the hosting service, in the event that the request for termination is received in the first thirty (30) calendar days since its hiring or renewal, the service will be effective and the customer may request the refund of the amount Corresponding to the contracted accommodation service. The refund will be complete provided that at the time of hiring (or in the following days) there has been no registration or transfer of domains, including the free domain that is offered with the hiring of plans for equal periods or More than one year, nor has the hiring of an SSL security certificate of payment been made.
Also, even if the request to cancel the service is received in the first thirty (30) calendar days from its hiring or renewal, the amounts satisfied by the client by transfers, domain registrations and/or SSL security certificates, are not In any case, they will pay for the cost of subcontracting to Bastify from the moment of hiring by the client. In the event that these types of services have been included in the hiring, Bastify will refund the amount of the invoice discounting the costs corresponding to these services, according to their current contract price. Even if the hosting service is cancelled, the client will be able to continue enjoying and using the services of domains and SSL security certificates paid and not reimbursed.
In the event that the communication is received from the 31st day since the hiring or renewal of the hosting service contracted, Bastify will not have the obligation to reinstate the amount paid by the service.
8.4. Other causes of resolution
Notwithstanding the foregoing, the Parties may terminate the relationship at any time, assuming that the other party:
(a) severely or repeatedly violates the obligations assumed herein;
(b) A court agrees to liquidate and/or dissolve, and/or appoints a bailiff or other similar charge in relation to all or some part of its assets or estate and
(c) If any of the causes provided for in the laws are given.
IX SERVICE GUARANTEES
9.1. Quality of Service
Bastify undertakes to make the maximum effort to maintain a high level in the fulfillment of its obligations in respect of the continuity of the service, without prejudice that Bastify cannot guarantee, explicit or implicitly, the continuity of the services At a time determined by circumstances caused by problems in the Internet, breakdowns in computer devices and other unforeseeable circumstances. In such a way that the client agrees to bear within reasonable limits these circumstances, so expressly waives to claim to Bastify any contractual or tort liability for possible failures, errors and use of the service Hired.
Bastify guarantees an annual "uptime" or "up" period of at least 99.9%.
Below an activity time of 99.9%, as long as the circumstances are attributable to Bastify, it will compensate the customer with one month of free hosting for each 1% that falls from that percentage, up to the limit of the total of months contracted.
9.2. Right of withdrawal
The client has the right to desist from the hiring of the hosting services within 30 calendar days from the discharge in the service without need of justification.
The withdrawal period shall expire at 30 calendar days from the date of delivery of the contracted product.
In order to exercise the right of withdrawal, the client must compulsorily notify his decision to desist from the contract through the specific option of the "Customer area". No request for cancellation or Desistimiendo notified solely by email, ticket or chat shall be deemed valid or handled; In any case it will be necessary that the client complete the cancellation procedure by clicking on the corresponding button ' Cancel ' that is included in the "client area" for each hosting service.
In order to comply with the withdrawal period, it is sufficient that the user's communication concerning the exercise of this right is sent in the correct way before the corresponding deadline expires.
9.3. Consequences of withdrawal
In case of withdrawal by the client within the corresponding time limit, all payments received from the client shall be returned and, in any case, not later than 14 calendar days after the date on which Bastify is informed of such decision to desist from the Bastify contract will proceed to make such reimbursement using the same payment method used by the user for the initial transaction.
Exceptions to the right of withdrawal
In accordance with the provisions of articles 103 a) and C) of the Royal Legislative Decree 1/2007 of 16 November (Consumer and Users Act of 2007), the customer will not be entitled to desist from the management of registration and/or transfer of domains. , as well as the contracting of SSL security certificates, since these are services that are performed according to the client's specifications – which specifically chooses the domain name to be registered – or clearly personalized which, by its nature, does not It can be returned. In the same way, the provision of the service begins before the end of the period established by the Regulation for its exercise, upon request of the contracting person, which is aware that once the contract is fully executed by Bastify, it loses its Right of withdrawal. The execution of the service of registration and renewal of domain is produced practically simultaneously to its hiring.
X Liability Regime
10.1. General Scheme
Unless, in the present contracting conditions or in the law, the contrary is expressly imposed and, exclusively, to the extent and extent to which it is imposed, Bastify will respond only to the direct damages suffered by the client, and only when they have been caused by cause attributable to Bastify.
Bastify will be exonerated of any kind of liability against the client, its users and third parties in the cases in which the anomalies are due to actions or omissions directly attributable to the client, to its users, contractors, tenants, Representatives, assignees, employees or personnel who depend on it or are at its service, or any third party, as well as those direct or indirect consequences of misuse or improper manipulation of services by non-client personnel, of the lack of Any permit both for the installation and for the modifications of the technical characteristics of the installed equipment imputed or attributable to the client. Except in cases of fraudulent action, Bastify will not be liable for damages, loss of business, income or profits, consequential damage, lost profits or business opportunities, cost savings and disappearance or deterioration of data.
Bastify shall in no event be responsible for:
- (a) costs, fines, penalties, indemnifications, charges, damages or fees arising as a result of the client's failure to comply with his obligations;
- (b) The content, use and publication of information and communications distributed through the services, as well as the use and results obtained from the services by the customer and its users;
- (c) The customer's violation of any rule that may be applicable to the cause or in connection with the use of the services.
The customer is and will be solely responsible for:
- (a) The use you make of the services rendered;
- (b) Full compliance with any rule that may be applicable to or in connection with the use of the services, including, without limitation, the rules of use of the services provided, the provisions relating to Data protection, international communications, export of technological information, protection of consumers and users, confidentiality, secrecy of communications and right to privacy.
In this sense, the client is obliged to take the necessary measures to avoid any illegitimate interference in the privacy of the natural or legal persons that violate the right to the honor of third parties.
Bastify not be responsible for problems arising from the lack of access or the problems inherent in Internet connectivity or electricity networks when these therein their origin in causes beyond their control or to causes that could not be envisaged by The parties or which, even if foreseeable, Bastify have made all reasonable efforts to avoid them or which were considered as accidental or force majeure causes.
Bastify does not intervene in the creation, transmission or making available of the contents of the client and does not exert any kind of previous control nor guarantees the lawfulness, infallibility and usefulness of the contents transmitted, disseminated, stored, Received, obtained, made available or accessible through or through the services, declining any responsibility that could derive from it.
In order to prevent and prosecute infringements in which Bastify may be declared a subsidiary civil liability, the customer expressly authorizes Bastify to provide the data and access to the content required by the competent authority, as well as By the State security forces, in the course of a police investigation.
XI INTELLECTUAL AND INDUSTRIAL PROPERTY
It is prohibited the use of others by any means of the brand of Bastify, which includes both the name and the logo, except the express consent of Bastify. All rights are reserved. In addition, the website of Bastify-the own contents, the programming and the design of the Web site-is completely protected by the copyright, being expressly prohibited all reproduction, communication, distribution and transformation of the Referrals protected items unless expressly consented by Bastify.
XII PERSONAL DATA
However, we indicate the following information:
The personal data that you provide for the hiring of our services will be used to manage this service. We may be able to collect information further during the contractual relationship as proof of identity documents for, for example, retrieving a domain. The legal basis for the processing of data for this purpose is the execution of these contractual conditions.
Also, your data may be used to send you information about our products and services by electronic means. The legal basis for the treatment of your data for this purpose is the legitimate interest of Bastify to fidelize its customers and keep them informed about our services that may be of interest. You may object to the receipt of such information through the simple and free procedure that we make available to you in each commercial communication.
Bastify may use, within its affiliate program, the domain data, owner, contract plan and renewal dates for the sole purpose of generating the corresponding supporting reports.
Bastify can record phone calls made to the customer service number in order to improve their services.
Anyone has the right to obtain confirmation about whether we are dealing with personal data that concern us or not in Bastify.
Interested persons have the right to:
- Request access to personal data relating to the person concerned.
- Request rectification or suppression.
- Request the limitation of your treatment.
- Oppose treatment.
- Request the portability of the data.
The interested parties will be able to access their personal data, as well as to request the rectification of the inaccurate data or, if necessary, to request its deletion when, among other reasons, the data are no longer necessary for the purposes that were collected. In certain circumstances, interested parties may request the limitation of the processing of their data, in which case I will only retain them for the purposes of exercising or defending claims.
In certain circumstances and for reasons related to their particular situation, those concerned may object to the processing of their data. Byte Advisory, S.L. will stop treating the data, except for legitimate reasons compelling, or the exercise or defense of possible claims. How interested, you have the right to receive the personal data that you obligations, that you have provided to me and in a structured format, of common use and mechanical reading, and to transmit them to another responsible of the treatment when:
- The treatment is based on consent.
- The data have been provided by the person concerned.
- The treatment is done by automated means.
- By exercising your right to the portability of the data, you have the right to have the personal data transmitted directly from responsible to responsible when it is technically possible.
Interested parties will also be entitled to effective judicial guardianship and to file a complaint with the supervisory authority, in this case, the Spanish data protection Agency, if they consider that the treatment of personal data concerning it violates the Regulation.
12.2. Order of Treatment
In those cases in which Bastify requires access to personal data incorporated into files responsibility of the client's client (responsible for the file), he will assume the obligations of the treatment manager, in accordance with article 28 of the Regulation (EU). 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of these data and repealing Directive 95/46/EC (general rules of data protection, RGPD) and listed below:
The person in charge of the treatment and all his personnel is obliged to:
- Use the personal data subject to treatment, or those collected for inclusion, only for the purpose of this order. In no case can you use the data for your own purposes.
- Treat the data according to the instructions of the person in charge of the treatment. If the person in charge of the treatment considers that any of the instructions infringe the RGPD or any other provision relating to the protection of data of the Union or of the Member States, the manager shall immediately inform the responsible party.
- Carry, in writing, a record of all the categories of treatment activities carried out on behalf of the person responsible, which contains:
- The name and contact details of the person in charge of the manager or responsible for the account of which the manager acts and, where appropriate, the representative of the person responsible or the manager and the data protection delegate.
- The categories of treatments carried out on behalf of each person responsible.
- Where appropriate, transfers of personal data to a third country or international organization, including the identification of such third country or international organization and, in the case of transfers referred to in article 49 (1), second subparagraph of the RGPD, the documentation of appropriate guarantees.
- A general description of the appropriate technical and organisational security measures that you are applying.
- Not to communicate the data to third parties, unless it has the express authorisation of the person in charge of the treatment, in the legally permissible cases.
The person in charge of the treatment can communicate the data to other persons in charge of the treatment of the same responsible, according to the instructions of this one. In this case, the person responsible shall identify, in writing, the entity to which the data must be communicated, the data to be communicated and the security measures to be applied in order to proceed with the communication.
If the manager is to transfer personal data to a third country or an international organization, under the law of the Union or the Member States applicable to him, he shall inform the person responsible for that legal requirement in advance, unless such right Prohibit for important reasons of public interest.
- The head of treatment authorizes the person in charge of treatment to subcontract certain services that have been reflected in these conditions. The subcontractor, who will also be in charge of the treatment and is obliged to fulfil the obligations established in this document for the person in charge of the treatment and the instructions that the responsible one dictates.
- Maintain the duty of secrecy in respect of personal data to which it has had access under this Commission, even after the end of its object.
- Ensure that persons authorized to treat personal data are expressly and in writing committed to respecting confidentiality and to comply with appropriate security measures, which must be adequately reported.
- To keep at the disposal of the responsible the documentation certifying the fulfillment of the obligation established in the preceding section.
- To guarantee the necessary training in the protection of personal data of the persons authorized to treat personal data.
- Assist the person responsible for the treatment in responding to the exercise of the rights of:
- Access, rectification, suppression and opposition.
- Limitation of treatment.
- Data portability.
- (a) Not the subject of automated individual decisions (including the elaboration of profiles).
Where the persons concerned exercise their rights of access, rectification, suppression and opposition, limitation of treatment, data portability and not being the subject of automated individual decisions, the person in charge of the treatment must Communicate by email to the addressInfo@bastify.comThe communication must be made immediately and in no case beyond the working day following the receipt of the application, together, where appropriate, with other information that may be relevant to the application.
- It is up to the person responsible to provide the right of information at the time of data collection.
- Notification of data security violations. The Controller shall notify the person responsible for the treatment, without undue delay, and in any case before the maximum period of 72 hours, and through reliable written communication, violations of the security of the personal data in his charge of the That has knowledge, together with all the relevant information for the documentation and communication of the incident. Notification shall not be necessary where such security breach is unlikely to constitute a risk to the rights and liberties of natural persons. If available, the following information shall be provided at a minimum:
- Description of the nature of the violation of the security of personal data, including, where possible, the categories and approximate number of stakeholders concerned, and the categories and approximate number of personal data records affected.
- The name and contact details of the data protection delegate or other contact point in which more information can be obtained.
- Description of the possible consequences of the violation of the security of the personal data.
- Description of the measures taken or proposals to remedy the violation of the security of personal data, including, where appropriate, the measures taken to mitigate the possible negative effects. If it is not possible to provide information simultaneously, and to the extent that it is not, information will be gradually facilitated without undue delay.
It is for the person in charge of the treatment to communicate in the shortest possible time the violations of the security of the data to the interested parties, when it is probable that the rape is a high risk for the rights and liberties of the natural persons. Communication must be made in a clear and simple language and should at least:
- Explain the nature of data violation.
- Indicate the name and contact details of the data protection delegate or other contact point in which more information can be obtained.
- Describe the possible consequences of the violation of the security of personal data.
- Describe the measures taken or proposed by the person responsible for the treatment in order to remedy the violation of the security of personal data, including, where appropriate, the measures taken to mitigate the possible negative effects.
- To make available to the responsible all the information necessary to demonstrate the fulfillment of its obligations, as well as to carry out the audits or the inspections carried out by the responsible or another auditor authorized by him.
- Implement the necessary technical and organisational security measures to:
- Guarantee the confidentiality, integrity, availability and permanent resilience of treatment systems and services.
- Restore availability and access to personal data quickly, in case of physical or technical incident.
- To verify, evaluate and assess, on a regular basis, the effectiveness of the technical and organisational measures implemented to ensure the safety of treatment.
- Seudonimizar and encrypt personal data, if any.
- If a data protection delegate is appointed, your identity and contact details will be communicated to the person responsible.
- Destroy or return to the person responsible for the treatment the data of a personal nature and, if necessary, the supports where they appear, once the benefit has been fulfilled. The return must be the total deletion of the existing data in the computer equipment used by the manager. However, the manager may retain a copy, with the data duly blocked, as long as responsibility for the performance of the benefit can be derived.
The client will receive by email information about improvements in the service and diverse information related to the services that it has contracted and that is necessary for the adequate provision of the same ones.
The client may not assign, transfer, encumber or subrogation in favor of any third party the present contractual relationship, nor the rights and obligations arising therefrom, without the prior written consent of Bastify.
Bastify may contract and/or subcontract with third parties all that it deems appropriate in relation to the realization of any or all activities necessary for the maintenance, updating, improvement or provision of the services, For what the client gives his express consent.
It is the exclusive responsibility of each of the parties to hire the corresponding insurance that will guarantee the possible liabilities arising from the present contracting conditions and their non-compliance.
(XVI) MODIFICATION OF SERVICES
Bastify reserves the right to modify the services in order to adapt them:
- (a) to the technical evolution of the market,
- (b) to any technical, functional and operational improvement that allows an improvement in the performance of the same; And
- (c) to the evolution of the laws, regulations and rules of application to the provision of the services and/or related aspects to them.
Likewise, Bastify reserves the right to modify unilaterally and without prior notice, the presentation, configuration and operation of the service provided that this modification does not affect the functionality or the commitments of the service acquired or suppose No increase in agreed prices.
XVII SUSPENSION OF THE SERVICE
In order to safeguard the integrity of the network, to provide the contracted services, and to comply with the required quality commitments, Bastify may suspend the provision of the service when the customer performs actions likely to cause damage or Damages in the persons, equipment, systems, supports and/or networks of third parties and/or of Bastify, like for example a consumption of resources of server to a volume that compromises the own stability of that server. The client shall be informed of the suspension and, if possible, the motive or source causing the problem.
Also, the publication of pornographic contents, betting websites or on-line games will be suspended. Distribution of files, movies, software or MP3. Hosting scripts, banners, or graphics for other websites. Storage of pages, files or data as repository of other web sites. Resell or give away web space under a domain, subdomain or directory, those that threaten the honor of people or organizations and, in general, those websites that do not comply with the legality in force.
XVIII APPLICABLE LEGISLATION
These general conditions are governed by Spanish legislation. Specifically, they are subject to the provisions of the following rules: Law 7/1988 of 13 April, on general conditions of hiring; Royal Legislative Decree 1/2007, of 16 November (General Law for the defence of consumers and users of 2007); Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 concerning the protection of data of the natural persons of the natural persons with regard to the processing of personal data and the free movement of this data and by which it is an der OGA Directive 95/46/EC (RGPD); Law 7/1996, of 15 January of retail trade management; Law 34/2002, of 11 July, of services of the information society and electronic commerce; Law 16/2009, of 13 November, of payment services; As well as any other standard that develops or modifies them.
XIX COMPETENT JURISDICTION
To the extent that the customer has the consumer consideration as established in article 3 of the Royal Legislative Decree 1/2007, of 16 November, Bastify expressly submits, for the resolution of conflicts that may arise in relation to the present Conditions of hiring to a right arbitration in accordance with Royal Decree 231/2008, of 15 February, which regulates the arbitration system of consumption, committing itself to comply with the definitive award that could be dictated.
Online Litigation Resolution Platform
The European Commission facilitates an online litigation-resolution platform that is available on the following link:Http://ec.europa.eu/consumers/odr. Consumers may submit their claims through the online litigation-resolution platform.
In the event that the client acts directly or through another person in his or her name or following his/her instructions, with a purpose related to his/her business, business, trade or profession, both parties, expressly waiving the jurisdiction that may Corresponding, are submitted for the resolution of disputes to the courts of Madrid.
If any provision of these Terms of employment is declared null or void, in whole or in part, by any court, the remaining stipulations shall remain valid, unless the parties of mutual agreement decide to terminate the Agreement. The covenants, clauses and conditions that make up the present conditions constitute the formal and definitive expression of the declaration of the Will of the parties, and must be interpreted by each other attributing to the doubtful the meaning derived from the Set of all. Any documents or declarations are verbal or written, prior to the entry into force thereof, shall be deemed definitively repealed.