GENERAL TERMS AND CONDITIONS OF USE
On the one hand, LÍNEA GRÁFICA, E.C.E. S.L., on the other hand THE CLIENT (hereinafter “THE CLIENT”), agree to the following terms of this service contract:
LÍNEA GRÁFICA, E.C.E. S.L. reserves the right to accept any request for services by THE CLIENT. It will be understood that an order has been accepted when THE CLIENT fills in and sends the purchase request from our website or when a correctly completed and signed budget acceptance is made. LÍNEA GRÁFICA, E.C.E. S.L. undertakes to explain to THE CLIENT in writing the reasons for not accepting an order by phone, email or post.
By virtue of R.D. 1906/1999, which regulates distance contracting carried out by telephone, electronic or telematics, this contract is valid and is understood to be signed by THE CLIENT when contracting accommodation services.
The acceptance of these CLAUSES will imply the formalization of the contract between THE CLIENT and LÍNEA GRÁFICA, E.C.E. S.L., which will take effect from the date of acceptance of this document.
1. SERVICES PROVIDED
The purpose of this contract is to provide hosting services on the Internet for web pages, web design and development, Software SAS, among others. The types of service provision are classified into the following categories:
- Multidomain web hosting
- Dedicated servers
- Virtual servers
- Reseller plans
- Software subscription service
- Web design and development: web pages, blogs, virtual stores, etc.
- Sale of Prestashop modules
- Platform for SMS Sending Service
- Additional supplements related to the above services
2. CONTRACTING CONDITIONS OF LÍNEA GRÁFICA, E.C.E. S.L. FOR HOSTING SERVICES
The hosting will be located on servers permanently connected to the Internet.
However, LÍNEA GRÁFICA, E.C.E. S.L. cannot guarantee that the availability of the service will be continuous and uninterrupted during the term of the contract, due to the possibility of problems in the Internet network, breakdowns in server equipment and other possible unforeseeable contingencies.
Likewise, if the domain shares the same machine with other domains, technical problems may occur attributable to third parties, of which LÍNEA GRÁFICA, E.C.E. S.L. is not responsible.
Therefore, THE CLIENT expressly waives to claim any liability, contractual or extra-contractual, damages to LÍNEA GRÁFICA, E.C.E. S.L. due to possible failures, slowness or errors in the access and use of the contracted service.
2.2.Primary and Secondary Servers
LÍNEA GRÁFICA, E.C.E. S.L. will provide primary and secondary name servers for THE CLIENT, being LÍNEA GRÁFICA, E.C.E. S.L. the person in charge of the work necessary for the proper execution of operations and access to them at all times.
LÍNEA GRÁFICA, E.C.E. S.L. makes complete backup copies of all Shared Hosting servers periodically, which may be weekly, biweekly or monthly as it deems appropriate. LÍNEA GRÁFICA E.C.E. S.L. will do everything possible to help THE CLIENT in case of data loss. LÍNEA GRÁFICA, E.C.E. S.L. will do everything possible to guarantee your backups in good faith.
LINEA GRAFICA, E.C.E. S.L. do not have ANY OBLIGATION to make backup copies of any dedicated server or cloud server. The responsibility for making such backups rests entirely with the CLIENT.
THE CLIENT has tools to manage their backup copies for which they are fully responsible.
LINEA GRAFICA, E.C.E. S.L. will not be responsible for the accidental loss of information that for any reason beyond LÍNEA GRÁFICA, E.C.E. S.L. is produced. Likewise, it cannot be guaranteed that in the information recovery processes of the backup copies they can be restored correctly.
2.4. Technical support
LÍNEA GRÁFICA, E.C.E. S.L. will provide THE CLIENT from the date of contracting the service with all the necessary support and timely technical assistance for the development, expansion and improvement of its activities related to the domains hosted on the servers of LÍNEA GRÁFICA, E.C.E. S.L ..
LÍNEA GRÁFICA, E.C.E. SL, through its personnel and corresponding technicians, will offer the CLIENT that requests it technical assistance on aspects related to the contracted services, not being able to offer this assistance due to issues related to the programming of applications in general, their design, preparation and configuration of databases, consulting, marketing and development of its website in general terms.
In relation to assistance and information regarding the scripts that have been created or produced by LÍNEA GRÁFICA, E.C.E. S.L., said technical assistance will be based on providing the appropriate information about the installation. In any case, the modification or changes to the scripts both in their pages and in their codes are excepted.
In any case, and at the express request of THE CLIENT, LÍNEA GRÁFICA, E.C.E. S.L. may transmit commercial and technical references of those CLIENTS or third companies that may provide the above services and that are outside the scope of this contract.
2.5 Shared Hosting Servers Configuration
LINEA GRÁFICA E.C.E. S.L. reserves the right to configure Shared Hosting Servers at its own discretion. Said configurations may be modified without prior notice, either due to legal obligation, version update of the services offered, security improvements, etc. It will be the responsibility of the client to adapt the scripts used in the Shared Hosting Servers in case the normal operation of said scripts is affected by said changes. In any case, LINEA GRAFICA E.C.E. S.L. will try to notify all users affected by such changes by email.
2.6 Configuration of Dedicated Servers and / or Cloud Servers
LINEA GRAFICA E.C.E. S.L. will deliver to the CLIENT the Dedicated Servers and / or Cloud Servers with the Operating System and configuration contracted by said CLIENT. The CLIENT may configure said servers as it deems appropriate, being the responsibility of LINEA GRAFICA E.C.E. S.L. to comply with the contracted hosting service. Any error derived from misuse, misconfiguration, malpractice or similar will be the sole responsibility of THE CLIENT, not having LINEA GRAFICA E.C.E. S.L. any type of responsibility derived from said situation.
3. CLIENT OBLIGATIONS
3.1. Code of conduct
LINEA GRAFICA E.C.E. S.L. provides services to different clients, and has a responsibility to provide each client with the best possible services. The following standards have been established to ensure that these obligations can be met. THE CLIENT agrees to comply with these rules. Breach of this clause by THE CLIENT will lead to the termination of this contract by LÍNEA GRÁFICA, E.C.E. S.L., without THE CLIENT having the right to claim any compensation.
THE CLIENT acknowledges being of legal age. Otherwise, the hiring carried out by minors requires the prior authorization of their parents, guardians or legal representatives, who will be considered responsible for the hiring carried out by the minors in their charge. It will be the minors who must obtain the necessary consent to proceed with the hiring.
The authorization must be sent duly signed by the tutor by post, fax or email to LÍNEA GRÁFICA, E.C.E. S.L ..
3.3. Traffic restrictions on virtual hosting plans
The maximum monthly transfer is defined in the benefits of the contracted plan. In the event that a domain consumes a part of the system resources so that the performance of the rest of the plans hosted on the same server is significantly reduced (typically the case of multiple domains on the same IP, domains with files or galleries , e.g., .gif, .jpg, .exe, .tar, etc., and accounts that offer file downloads) LÍNEA GRÁFICA, E.C.E. S.L. will temporarily disable the domain and will contact THE CLIENT to resolve the problem. This does not mean that the site cannot contain these files.
3.4. Activities not allowed
The activities that under The activities that under no circumstances will be allowed in the servers and hosting services contracted through LÍNEA GRÁFICA, E.C.E. S.L. are as follows:no circumstances will be allowed in the servers and hosting services contracted through LÍNEA GRÁFICA, E.C.E. S.L. are as follows:
- “spamming” (any type of SPAM sending, sending unsolicited electronic advertising communications to those with whom THE CLIENT has no prior commercial relationship, or sending “off-topic” advertising in newsgroups)
- “spoofing” (using a replying email address that is not the sender’s valid replying address or sending an email message that does not contain enough information to allow the receiver to identify the person who is actually sending it the message)
- “passive spamming” (promotion of a website hosted by LÍNEA GRÁFICA, E.C.E. S.L. spamming from some other source)
- “trolling” (sending controversial messages to newsgroups with the sole purpose of generating responses and disrupting the functioning of the group)
- “mailbombing” (flooding a user with email without the intention of establishing correspondence)
- generate an amount of outgoing mail greater than that of the normal user, consuming a part of the system resources so that the performance of the rest of the plans hosted on the same server is significantly reduced
- subscribe someone to an email list without that person’s permission.
A message is considered unsolicited if it is against the rules (“charter”) of the newsgroup or if it is sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. The distribution of email sending programs in bulk is also prohibited.
All subscribers to a mailing list must have voluntarily and personally signed up. Mailing lists cannot be used to distribute unsolicited messages. If THE CLIENT repeatedly “mailbombing” or attracts such behavior, LÍNEA GRÁFICA, E.C.E. S.L. will interrupt its contract, without THE CLIENT having the right to claim any compensation.
3.5. Respect for the legal rights of third parties
Unacceptable activities in this regard include:
Sending or publishing private information about a person without their prior consent.
The infringement of intellectual property rights.
Defamation of a person or business.
Knowingly publishing code that will have harmful effects on third-party computers.
LÍNEA GRÁFICA, E.C.E. S.L. is in favor of freedom of expression on the Internet, and will not suspend or cancel THE CLIENT’s account simply for agreeing or disagreeing with the views expressed by THE CLIENT. In the event that there are allegations about the alleged violation by THE CLIENT’s online activity of the legal rights of a third person, LÍNEA GRÁFICA, E.C.E. S.L. It will not become a judge regarding the decision to be adopted in relation to the claims of that third person.
3.6.Compliance with the law
The services of LÍNEA GRÁFICA, E.C.E. S.L. can only be used for legal purposes. Illegal activities include, but are not limited to:
- Drug trafficking.
- Attempt to access a computer system without authorization.
- Piracy (distribution of copyrighted material in violation of copyright laws, in particular files.
- MP3, MPEG, ROMs and ROM emulators)
- Fraud and tricks to defraud.
- Traffic in obscene material.
- sending obscene messages or with obscene, lewd, dirty or indecent content with the intention of annoying, harassing, threatening or harassing another person.
- Threats of physical harm to other individuals or groups.
- Violation of Spanish laws (being LÍNEA GRÁFICA, E.C.E. S.L. Spanish and where the servers of LÍNEA GRÁFICA, E.C.E. S.L. are located).
- Violation of the laws of the country in which THE CLIENT carries out its activities.
- Links to illegal materials.
LÍNEA GRÁFICA, E.C.E. S.L. reserves the right to check files on its servers in search of illegal materials and content, or for any other reasons it deems necessary.
Pornography and the marketing of products of a sexual nature, or links to such materials, will only be acceptable if their content is legal.
LÍNEA GRÁFICA, E.C.E. S.L. reserves the right to report illegal activities to the police or to any administrative or governmental authority for prosecution.
3.9. Server resource abuse
The execution of programs that are not allowed on the servers behind the back of LÍNEA GRÁFICA, E.C.E. S.L. without prior written authorization. Additionally, the use of more than 20% of the system resources is an undue overload on the server and is not acceptable. If the use of the system exceeds 20% of the total resources, THE CLIENT will be
contacted to fix the problem. Also, if a domain or website exceeds more than 3 Gigabytes of monthly traffic, it can be canceled without prior notice.
All shared hosting plans are limited and contracted by space and monthly traffic. However, it may be the case that the CUSTOMER account consumes much more resources from the apache server, mysql, RAM memory or disk activity to the point that it begins to affect the other users on the server. For this purpose LÍNEA GRÁFICA, E.C.E. S.L. will measure the apache log size of the CLIENT’s domains. If any domain exceeds the size of 50,000 byte, THE CUSTOMER will be forced to migrate to at least a Basic Cloud Server.
You can ask the support department to indicate the consumption of the log of any domain at any time so that you can keep up to date with its consumption. In this way we ensure that the servers are not saturated and work optimally for all users who share it.
3.10. Other behaviors
The following examples are not exclusive, and are given as a guideline. THE CLIENT can contact LÍNEA GRÁFICA, E.C.E. S.L. If you are unsure whether your actions will violate our policy:
- Sending messages of an intrusive nature to any network
- Attempts to bypass user authentication or security measures for a server, network, or account.
- Access to data not directed to the user.
- Polling the security of any network.
- Creation (“spawning”) of dozens of processes.
- Port scanning, “ping floods”, packet spoofing, router information spoofing, attacks.
- “Denial of Service”, “sniffers”, “flooding”, “spoofing”, “ping bombing”, “smurfs”, “winnuke”, “land”, “teardrop”.
- Promulgation of viruses.
- IRC robots like Eggdrop or BitchX.
Any activity, whether or not the intrusion results in corruption or loss of data, will be investigated, taking the appropriate measures. The presence of any of these programs, whether or not they are executed, will cause LÍNEA GRÁFICA, E.C.E. S.L. against THE CLIENT, including the suspension or termination of the contract, without THE CLIENT having the right to claim any compensation.
4. SERVER ADMINISTRATION – SLA (Service Level Agreement)
4.1. The administration of servers of LÍNEA GRÁFICA, E.C.E. S.L. includes:
The following services will be performed whenever possible, upon request of the client, as a measure to improve security
- Updating of versions of the operating system and / or server services, upon request of the client, so as not to interfere with the hosted applications.
- Kernel and Directadmin update, upon request of the client or due to system needs.
- 24/7 monitoring of the server.
- Any migration to a superior product, after a feasibility study, may be under budget.
In the event that THE CLIENT wishes to change to a lower product, the responsibility of migrating their data corresponds to THE CLIENT.
4.1.2. The administration of servers of LÍNEA GRÁFICA, E.C.E. S.L. DOES NOT include:
The installation of software or hardware not directly related to the operating system or control panel. Any additional software installation will be budgeted. THE CLIENT has accepted and paid the budget for the operation.
Solve programming problems of files, scripts or applications uploaded and used by THE CLIENT or updates thereof.
Migrations from other providers to LÍNEA GRÁFICA, E.C.E. S.L .. THE CLIENT is responsible for ensuring that their migration has been carried out successfully. At no time did the administrators of LÍNEA GRÁFICA, E.C.E. S.L. will be obliged to provide support for a migration or technical problem with a provider external to LÍNEA GRÁFICA, E.C.E. S.L ..
The fee for interventions that are NOT included in the administration of the services offered will be € 60 / hour, VAT not included, and may vary depending on the work or service to be performed.
4.1.3. THE CLIENT is solely responsible for any attack carried out by vulnerabilities in the files, scripts or applications that he or she uses.
THE CLIENT is solely responsible for updating his or her files, scripts and / or applications and doing everything possible so that they have the minimum possible execution permissions. THE CLIENT is responsible for any damage caused by attacks made to his server from his o her files, scripts or applications (apache, ftp, email, mysql, etc …)
5. SYSTEM MAINTENANCE
LÍNEA GRÁFICA, E.C.E. S.L. is authorized to make cuts in the contracted line in all those cases in which this is necessary to carry out an adjustment, modification or improvement, as well as for the repair of possible breakdowns. LÍNEA GRÁFICA, E.C.E. S.L. will try as much as possible to notify THE CLIENT via email before making a cut.
6.1. Domain registration
Once paid, the domain is registered for the time it has been requested, normally one year. After that period, the domain must be renewed in advance so that it does not expire. A domain is considered paid in the following cases:
- Payment by credit card: from the moment that LINEAGRAFICA E.C.E. S.L. is certified by the bank authorized to charge by credit card. The verification process will normally be automatic and on the spot. In case of error on the part of the bank LINEAGRAFICA E.C.E. S.L. declines any responsibility and will be governed by the conditions of payment by transfer.
- Pago por transferencia: desde el momento en que LINEA GRAFICA E.C.E. S.L. tiene constancia en la entidad bancaria habilitada para el cobro por transferencia bancaria. El proceso de comprobación puede durar hasta 1 semana.
- Payment by Paypal: from the moment that LINEAGRAFICA E.C.E. S.L. has evidence in the Paypal account enabled for this purpose. The verification process will normally be automatic and on the spot. In case of error on the part of Paypal, LINEAGRAFICA E.C.E. S.L. declines any responsibility and will be governed by the conditions of payment by transfer.
In any case, they will not be attributable to LINEAGRAFICA E.C.E. S.L. errors in the domain registration for reasons beyond the service provided. As an example, some of the most common errors when registering and / or renewing a domain are listed below:
- Registration data error
- Renewal date error
- Error in renewal notices
- Error when considering that a domain paid by transfer has been automatically registered (it will only be registered once the payment of said domain is confirmed by the administrative staff of LINEAGRAFICA E.C.E. S.L.)
- Error due to system failure or communications with the domain registrar agent.
6.2. Domain registration periodicity
Domains can be registered for at least 1 year. In the case of domains with the .es extension, the registration can only be for 1 year.
6.3. Conditions for domain registration
Only the following names can be registered as domain names:
Names that are available. A name is available when:
a) It is not registered as a Domain Name.
b)It is not reserved, blocked or has been notified to the Registry as “not registrable” in accordance with the General Interest Policy Rules, unless otherwise stipulated in them.
c) It has not been requested during the Tiered Registration Period.
Names that meet the following technical requirements:
a) A minimum of 2 characters selected from the letters “a” to “z” in
standard Latin script, the digits “0” to “9” and the dash (“-“).
b) A maximum of 63 characters (not including the suffix “.eu”).
c)That they do not begin or end with a dash (“-“).
d) That do not contain a dash (“-“) in the third and fourth positions.
e) That they do not consist exclusively of a country code made up of two alphabetic characters, as established in the General Interest Policy Regulations.
6.4. Obligations of the domain registration applicant.
During the period of validity, THE CLIENT assumes the obligations indicated below:
Keep exact, complete and updated the contact information referred to in point 12 of this contract, with LÍNEA GRÁFICA, E.C.E. S.L. with whom THE CLIENT has entered into an agreement.
In addition, THE CLIENT declares and guarantees that any email address communicated in the Registry is an active address.
Use the domain name in a way that does not violate the rights of third parties, applicable laws or regulations, including discrimination based on race, language, sex, religion or political opinions.
Do not use the domain name in bad faith or for illegal purposes.
THE CLIENT has the obligation to notify LÍNEA GRÁFICA, E.C.E. S.L. if he detects that the domain has not been registered correctly.
For the purposes of the provisions of articles 11 and 34.e) of the LOPD, THE CLIENT accepts and authorizes LÍNEA GRÁFICA, E.C.E. S.L. to communicate to the corresponding Registry Entities and ICANN, the data consigned as mandatory that are necessary for the registration and maintenance of the domain name in the pertinent registry, and to be incorporated into the own Directories that each one of them manages, as well as, for such data to be incorporated into LÍNEA GRÁFICA ECE S.L.’s own Directory, and made available to the public through the “Whois” system.
THE CLIENT consents, and where appropriate, whoever acts on their behalf as technical, administrative and / or billing contact, that their personal data may be transferred to the aforementioned entities and those other participants in the registration process, which may collaborate with LÍNEA GRÁFICA, ECE S.L. and / or with said entities.
THE CLIENT affirms to have the consent of the persons designated as technical, administrative and / or billing contact for the purposes of the provisions of the previous paragraph.
To this end, we inform you that the data and information of the Applicant and / or their representatives, where appropriate, will be transmitted to the Registration Entities and that they will be incorporated into the directories available to the public, they will deal with the following points:
Full name, address, email address, telephone number, and where applicable Fax numbers of the applicant.
Name of an authorized contact person if THE CLIENT is a legal person or administrative entity, and, where applicable, the contact person responsible for administrative and / or billing tasks.
IP addresses of the primary server and secondary servers.
Any additional reference to the domain name that should appear in the Whois database.
6.6. Identity Protection – ID Protect
Currently LÍNEA GRÁFICA, E.C.E. S.L. does not offer the possibility of protecting the personal data that is reflected in a Whois to a domain.
6.7. Domain renewal
The final expiration date to renew the domain will be just the day before the registration date, since the domain would already be expired on the same expiration day. Regardless of the renewal date, that date will always be the same as the initial registration.
LÍNEA GRÁFICA, E.C.E. S.L. has an automated system through which THE CLIENT will receive several reminders by email before the domain renewal date:
1. First reminder 30 days before the domain payment due date.
2. Second reminder 15 days before the domain payment due date.
3. Third reminder 7 days before the domain payment due date. In this you are notified of the creation of the payment receipt so that you can carry out the renewal.
Not receiving a reminder about the renewal of a domain is not a reason to make any claim. THE CLIENT has the possibility of not renewing said domain, canceling it without any additional cost or simply letting it expire by itself. THE CLIENT is fully responsible for the renewal or expiration of the domains contracted with LINEA GRAFICA, E.C.E. S.L.
Notifications and reminders will be sent to the data provided by THE CLIENT by email. LÍNEA GRÁFICA, E.C.E. S.L. will not be responsible for the non-receipt of these notifications. THE CLIENT is responsible for communicating to LÍNEA GRÁFICA, E.C.E. S.L. any modification to the data.
6.8. Expired domain
When a domain is not renewed before the expiration date, it goes into “Expired” mode.
If THE CLIENT wishes to renew a domain that is in “Expired” mode, they must pay the restoration fee imposed by the registrar to which the domain corresponds, as well as € 20 for administrative management (VAT not included). The restoration price does not include the renewal of the domain, nor does it include the cost imposed by the corresponding registrar to renew a domain that is in this state. A restoration can take between 24h and 48h to complete. The restoration fees vary according to the registrar, and can range from € 0 to € 400.
We cannot guarantee the renewal of a domain that has already expired, since it depends on the regulations of each TLD that possibility and the limit of days, if applicable, to do so.
6.9. Domain transfers
THE CLIENT will be empowered to transfer a domain name when the following conditions are fully met:
The transferee has confirmed that it meets the General Eligibility Criteria; and
the Registry has received all the fees corresponding to said transfer through the Registrar designated by the transferee.
A domain name that has been suspended or blocked cannot be transferred except:
by means of a decision adopted by (a) a Group of Experts in an Alternative Dispute Resolution Procedure, or (b) by a court of a member state; or
after the Registry receives the corresponding fees in this regard, in the event that the Domain Name has been suspended in accordance with section 9.
A domain name may be transferred during the Validity Period to the legal heirs of the Applicant for registration (upon death) or to the purchaser of the Applicant’s assets.
Once the transfer of a Domain Name has been carried out in accordance with the previous provisions, the Domain Name will be registered in the name of the assignee for a new Validity Period of one year, beginning on the date of the transfer of the Domain Name.
Upon completion of the transfer of a domain and for reasons beyond the control of LÍNEA GRÁFICA, E.C.E. S.L., or any incidents produced during the transfer, it is the responsibility of THE CLIENT to verify the contact information attached to the domain and that these are correct. If not, you should contact our Domain Department to request their modification.
A domain transfer may take a minimum of 5 business days from when THE CLIENT confirms the transfer.
6.9.1. Transfer domains .com, .net, .org
Domain conditions to be transferred:
It must be in ACTIVE or OK status. Otherwise, THE CLIENT must contact the current registrar to modify the status.
Before starting the transfer process THE CLIENT must verify that the email that appears in the Whois as administrative contact is active. Otherwise, it will not be possible for you to complete the transfer, since an authorization response by email is required.
It is not advisable to make the transfer within 10 days of expiration. If it is in that state, it is best to renew the domain with the current registrar before transferring it to LÍNEA GRÁFICA, E.C.E. S.L ..
THE CLIENT must request the current registrar for the “AUTH CODE” or “AUTH INFO” (registration authorization code). This code will be required in the form to start the transfer process.
Once the domain transfer has been completed, the Domain Department of LÍNEA GRÁFICA, E.C.E. S.L. will send an email to THE CUSTOMER notifying him about it. THE CLIENT must update the DNS of the domain so that they are directed to LÍNEA GRÁFICA, E.C.E. S.L ..
6.9.2. Transfer domains .es
The conditions are the same as the domain transfers mentioned in the previous paragraph number 6.10.1, except that the auth code is supplied directly at NIC.es.
To transfer a .es domain, THE CLIENT must accept the request from nic.es (the main entity of the .es).
When a transfer is initiated from LINEA GRAFICA E.C.E. S.L., nic.es will send you an email indicating a series of instructions. In most cases, we do not know this data.
Transfers of the .es have a management cost of €5, VAT not included, and the domain is not automatically renewed. You must renew the domain before its expiration date. If the domain expires in a short period of time, we recommend that you renew first with the company where the registered domain is located to avoid problems in case the transfer takes longer than expected to complete. LÍNEA GRÁFICA, E.C.E. S.L. is not responsible if the domain expires for not renewing it on time.
Once the domain transfer has been completed, the Domain Department of LÍNEA GRÁFICA, E.C.E. S.L. will send an email to THE CLIENT notifying him or her about it. THE CLIENT must update the DNS of the domain so that they are directed to LÍNEA GRÁFICA, E.C.E. S.L ..
6.9.3. Change of domain contact details
THE CLIENT can modify the domain’s contact information at any time. To do this, you will only have to go to the Customer Area of LÍNEA GRÁFICA, E.C.E. S.L., click on “My domains”, “Details”, “Contact information”, modify and save.
6.9.4. Failures in the domain registration system
LÍNEA GRÁFICA, E.C.E. S.L. It will not be responsible for failures that may occur in the domain registration system or for the consequences that may arise from these failures.
In cases where THE CLIENT has paid for a domain and due to communication problems between
LÍNEA GRÁFICA, E.C.E. S.L. and your domain provider, the domain has not been registered correctly, the domain will be free of registration.
LÍNEA GRÁFICA, E.C.E. S.L. is not responsible for damages caused if, after a failure in the registration system, the domain is registered by another domain provider. THE CLIENT has the obligation to confirm the registration of his domain in a WHOIS.
THE CLIENT has the obligation to notify LÍNEA GRÁFICA, E.C.E. S.L. if it detects that the domain has not been registered correctly. LÍNEA GRÁFICA. will do its best in good faith to try to register the domain again in case of failure, but it does not guarantee that the domain will be free once it tries. The secondary registration attempt will be considered a new registration, unrelated to the failure that occurred the first time and must be treated with a new registration with all its consequences.
7. DATE OF RENEWAL OF A DIFFERENT SERVICE OF A DOMAIN
When THE CLIENT places an order, the date of that same moment is recorded, that will be the date that the system will use to carry out the appropriate service renewals.
THE CLIENT pays after the day of the order, must bear in mind that said date will not be modified.
That is, the renewal date is NOT the day of payment but the day of the initial order.
8. 15 DAYS SATISFACTION GUARANTEE
THE CLIENT has a satisfaction period of 15 days from the moment the order is placed. If THE CLIENT is not satisfied with our service, LÍNEA GRÁFICA, E.C.E. S.L. undertakes to refund the entire payment made.
This guarantee does not include commission expenses according to payment method, domain registration, if any, or any other expense derived from the purchase.
In the event that the service purchased with LÍNEA GRÁFICA, E.C.E. S.L. does not comply with the points of this contract, no refund will be made, even if it is within the trial period.
The satisfaction guarantee will not apply to those products or services that have been previously tested for free through the trial period.
There are products or services that do not have a satisfaction guarantee, the specific list is detailed in point 10.3 of this contract.
9. TRIAL PERIOD
LÍNEA GRÁFICA, E.C.E. S.L. offers the possibility of free testing a series of products, categorized as “Free Offers”. These products are displayed on the website and each contains its own offer.
The trial period will be extended for the time that is detailed in each offer since the order is placed.
These offers are not cumulative for the same product, only one offer is allowed for each product offered.
Once the offer is completed, the product will not have a satisfaction guarantee, since it is understood that the period offered gives a prudent and sufficient margin to test the product.
10.1. Return of the registration or renewal of a domain
Due to the international domain registration system itself, these cannot be canceled. Once registered or renewed, it is kept for one year, or as long as it has been requested. We cannot accept returns.
It is also for this reason that if there is a refund of the payment and LÍNEA GRÁFICA, E.C.E. S.L. finally does not receive the income, the domain will automatically become the property of LÍNEA GRÁFICA, E.C.E. S.L .. In case of detecting any fraud in the payment, the domain will also become LÍNEA GRÁFICA, E.C.E. S.L., in addition to starting a legal process against the fraudster.
10.2. Hosting return
Some products have a 15-day satisfaction guarantee period (see point 11) and other products have a free trial period. If after that period there is any claim by THE CLIENT, LÍNEA GRÁFICA, E.C.E. S.L. will offer THE CLIENTE a solution that satisfies him or her in common agreement. In that case, only Hosting cancellations that are attributable to problems in our service will be accepted.
10.3. General return of services summary
Here is a list of products that do NOT have a money-back option or a satisfaction guarantee period:
- SSL Security Certificates
- Domain registration, renewal and / or transfers
- Video tutorials
- Sms sending
- Voice announcements
- Monitoring services and sms alert
- Centovacast licenses
- Web positioning and search engines
- Design and development of web pages, virtual stores, web portals, etc.
Here is a list of products that do NOT have a money-back option after the satisfaction guarantee period:
- Radio Stations
- Dedicated Servers
- Virtual Servers VPS
- Streaming Servers
- Game Servers
- Issuing Resellers
- Resellers Hosting
- Backup Service
10.4. Money back process
If the conditions for returning a product or service are met, LÍNEA GRÁFICA, E.C.E. S.L. will refund the corresponding amount in the same way that THE CLIENT made the payment. If THE CLIENT requests it, the money can be reimbursed as a credit in their favor to make new purchases.
LINEA GRAFICA E.C.E. S.L. will not make refunds by bank transfer to banks outside of Spain, unless THE CLIENT takes full charge of the commissions that this entails.
LINEA GRAFICA E.C.E. S.L. will refund the money in a period of 1 to 30 days from when the return invoice is made.
THE CLIENT can cancel the contracted service or services. The cancellation must be requested from the Customer Area, and must be done for each service. Once sent, the administration department will check that everything is in order and will proceed to terminate the requested service.
This cancellation supposes the deletion of all the data that were stored in the space contracted by THE CLIENT.
In the event that THE CLIENT requests cancellation before the end of the contracted period, they will not have the right to claim the money corresponding to the time that they have not used the service or product.
The required data, entered when registering as a client, must contain accurate and up-to-date information about THE CLIENT. LÍNEA GRÁFICA, E.C.E. S.L. reserves the right to verify that the data is true, otherwise THE CLIENT will be required to provide us with the correct data immediately.
Any anomaly derived from the fact that the data of THE CLIENT is not correct will not be the responsibility of LÍNEA GRÁFICA, E.C.E. S.L ..
Any change or modification of the registered office, financial data, account data, etc., must be updated by accessing the MY DATA section from the customer area, for rectification in our database.
All data cannot be modified, therefore, in that case, THE CLIENT must contact the Administration department to request the change, through a query ticket addressed to that department or through the email firstname.lastname@example.org.
12.1. Change of ownership of the Web Hosting account to another person or company that is not a client of LÍNEA GRÁFICA, E.C.E. S.L.
An account can change the owner at any time. For this, THE CLIENT must request it from the Administration Department and fill out the request that will be sent to them. Said application must be completed and signed by the current owner and by the new owner, accompanying the identification documentation that is cited in the application itself (ID or passport in the case of individuals or individuals; CIF and ID of the administrator in the case of companies)
The first change of ownership is completely free, the rest will have a cost of € 15 (VAT not included) for each change.
The process we carry out for this type of change is summarized as follows:
The new owner must register at the following link in order to read and accept the general contract of LÍNEA GRÁFICA, E.C.E. S.L .: https://clientes.lineagrafica.es/register.php?language=english
Once the new owner is registered as a client and the request is received, LÍNEA GRÁFICA, E.C.E. S.L. will transfer those products or services that have been requested for the change of owner. In this way, the new owner would have the services in his account and the old owner would have an empty account, simply with the invoices that had been issued up to that moment.
From that moment on, the new owner will be the full administrator of the products or services assigned by the old owner.
12.2. Change of ownership of the Web Hosting account to another existing client
The steps to follow will be the same as those cited in the previous section (12.1.) Except that the new owner will not have to register as a new customer since he or she is already registered.
13. PROPERTY RIGHTS
13.1. THE CLIENT guarantees that is the owner of the information stored on the servers of LÍNEA GRÁFICA, E.C.E. S.L. or that, in any case, has the corresponding authorization to disclose said information over the Internet.
13.2. In order to guarantee the purposes of this contract, THE CLIENT authorizes LÍNEA GRÁFICA, E.C.E. S.L. to make a backup copy of the information stored by THE CLIENT on the servers of LÍNEA GRÁFICA, E.C.E. S.L. during the term of this contract.
13.3. THE CLIENT is solely responsible for the content broadcast from our Hosting servers and Radio station servers. THE CLIENT must ensure that he or she complies with all the rules and requirements imposed by the SGAE in order to broadcast music from the radio station.
13.4. THE CLIENT needs to have a license from the Sociedad General de Autores y Editores to be able to reproduce, store or use music on their website, station or contracted FTP space. For more information visit the following link:
14. DATA PROTECTION POLICY / DATA ACCESS
Access by LÍNEA GRÁFICA, E.C.E. S.L. to the data that are owned by THE CLIENT, will not be considered data communication, since as provided in art. 12.1 of the L.O. 15/1999, the Person in charge makes available to LÍNEA GRÁFICA, E.C.E. S.L., the file or files that contain the data necessary for it to execute the services detailed in this Hosting Contract.
It is hereby stated that the file or files that THE CLIENT makes available to LÍNEA GRÁFICA, E.C.E. S.L. are duly legalized and legitimized, in compliance with the security measures provided for in art. 9 of the L.O. 15/1999, of December 13 and will adopt those determined by regulation.
Access by LÍNEA GRÁFICA, E.C.E. S.L. to the personal data contained in the files owned by THE CLIENT will be carried out solely and exclusively with the purpose that the Person in charge can provide THE CLIENT the services mentioned in this contract and will treat them in accordance with the instructions of THE CLIENT, without being able to apply or use them for any other purpose.
In the event that LÍNEA GRÁFICA, E.C.E. S.L., allocate the data to another purpose, communicate it or use it in breach of the stipulations of this contract, it will also be considered responsible for the file, responding to the infractions that it may have incurred.
LINEA GRAFICA E.C.E. S.L., according to the provisions of art. 10 of the L.O. 15/1999, undertakes to keep, indefinitely, professional secrecy regarding personal data whose access is regulated by this contract; agreeing not to communicate them, not even for their conservation to third parties, except in the case that this is necessary to comply with the obligations derived from the provision of the Services or those imposed by laws or mandatory regulations.
Once the contractual provision has been completed, the personal data must be destroyed or returned to the CLIENT or to the new service provider designated by the latter, as well as any support or documents that contain any personal data, object of the treatment. The destruction of the data will not proceed, when there is a legal provision that requires its conservation, likewise, you may keep the data, duly blocked, as long as responsibilities may arise from the relationship between LÍNEA GRÁFICA, E.C.E. S.L. and THE CLIENT. The destruction of the data will not proceed, when there is a legal provision that requires its conservation, it may also keep the data, duly blocked, as long as responsibilities may arise from the relationship between LÍNEA GRÁFICA SL and THE CLIENT.
If for the provision of the agreed services, LÍNEA GRÁFICA, E.C.E. S.L. had the need to subcontract, in whole or in part, the service described in this contract, THE CLIENT will be communicated in this same space. Likewise, the identity of the subcontracted company must be communicated, with which the corresponding contract regarding the protection of personal data will be signed (art. 12 L.O. 15/1999).
In compliance with art. 12.2, paragraph 2 of the L.O. 15/1999, LÍNEA GRÁFICA, E.C.E. S.L. has implemented according to the provisions of the R.D. 1720/2007, basic level security measures, and will adopt those determined by regulation, in order to guarantee the security and integrity of personal data and prevent its alteration, loss, treatment or unauthorized access, taking into account the state of technology, the nature of the stored data and the risks to which they are exposed, whether they come from human action or from the physical or natural environment. In order to ensure compliance with the aforementioned, THE CLIENT may request LÍNEA GRÁFICA, E.C.E. S.L., at any time, all the supporting documentation of this compliance.
At this time, the housing services have been subcontracted to the companies OVH and Ran Networks.
15.1. THE CLIENT acknowledges that, by virtue of the contractual relationship with LÍNEA GRÁFICA, E.C.E. S.L., could have access to information and materials related to business plans, customer lists, technology or marketing strategies of great value for LÍNEA GRÁFICA, E.C.E. S.L. and that they should not fall into the power of third parties.
THE CLIENT agrees not to use this information for their own benefit or that of third parties not authorized by LÍNEA GRÁFICA, E.C.E. S.L ..
THE CLIENT also undertakes to take the necessary measures so that this information does not fall into the possession of third parties.
THE CLIENT also undertakes to return or destroy these materials once their contractual relationship with LÍNEA GRÁFICA, E.C.E. S.L .. LÍNEA GRÁFICA, E.C.E. S.L. The CUSTOMER reserves the right to demand liability for damages in the event of non-compliance.
16. PRICE AND METHOD OF PAYMENT
The rates of the hosting services offered by LÍNEA GRÁFICA, E.C.E. S.L. are those specified on the following website: http://www.lineagrafica.es/en
The prices that appear on the website do not include VAT (21%).
LÍNEA GRÁFICA, E.C.E. S.L. reserves the right to vary the characteristics and prices of each service, and will notify THE CLIENT of the modifications at least 10 days in advance, prior to the renewal of the contract.
THE CLIENT must pay the price stipulated in advance by any of the following forms of payment:
Direct debit. Only for certain services such as: dedicated servers, virtual servers, web positioning; once THE CLIENT has returned the corresponding Authorization Sheet signed.
Transfer or deposit into the account of LÍNEA GRÁFICA, E.C.E. S.L., which will be provided by THE CLIENT when placing the order.
Visa or mastercard credit card.
The payment method is chosen by THE CLIENT at the time of filling in the purchase request. Payments will always be made in Euros.
Direct debit is the automatic collection of receipts directly from THE CLIENT’s bank account.
The account debit occurs between the 1st to the 10th of each month.
International bank transfers
THE CLIENT may make payments by bank transfer from outside of Spain. In this case, THE CLIENT must take charge of any commission that this entails. Otherwise, we would not consider the transfer valid and you would have to pay the corresponding commission that you did not pay initially.
The data necessary for sending this type of transfer must be requested by THE CLIENT to the Administration Department: email@example.com.
17. VAT TAX
LÍNEA GRÁFICA, E.C.E. S.L., service provider, is established in Spain and provides the service from the headquarters of said establishment. With which the services provided electronically are taxed as follows:
- The general VAT taxation regime will apply
- if the recipient of the service provided electronically is:
b-I) – the headquarters, permanent establishment or domicile of an entrepreneur or professional established in the Spanish territory of application of the Tax (Peninsula and Balearic Islands).
The place of performance of these services is the Spanish territory where the Tax is applied (article 70.One.4 °. A) a) Law 37/1992
LÍNEA GRÁFICA, E.C.E. S.L. VAT will be passed on to the recipient applying the general tax rate in Spain, 21 percent
b-II) – AN EMPLOYER OR PROFESSIONAL established in a Member State of the European Union other than Spain:
The place of performance of these services is the Member State where the recipient is established (Article 9.2 e) Sixth Directive 77/388 / EEC
LÍNEA GRÁFICA, E.C.E. S.L. Spanish VAT will NOT be charged
b-III) AN EMPLOYER OR PROFESSIONAL established outside the European Union (except the Canary Islands, Ceuta and Melilla)
The place of performance of these services is the State of the recipient LÍNEA GRÁFICA, E.C.E. S.L. VAT will NOT be passed on.
HOWEVER, if the actual use or exploitation of these services is carried out in Spain (Peninsula and Balearic Islands): the place of realization is the Spanish territory of application of the Tax
LÍNEA GRÁFICA, E.C.E. S.L. , VAT MUST be charged by applying the general rate, 21 percent (Article 70, Two Law 37/1992, Article 9.3 Sixth Directive)
b-IV) AN EMPLOYER OR PROFESSIONAL established in the Canary Islands, Ceuta or Melilla:
The place of realization is NEVER the Spanish territory of application of the Tax. The operation will be taxed in the territory of the recipient (the Canary Islands, Ceuta or Melilla, which are not the territory of application of VAT).
LÍNEA GRÁFICA, E.C.E. S.L. VAT will NOT be passed on.
b-V) AN INDIVIDUAL (not an executive or professional) established or domiciled in Spain (Peninsula and Balearic Islands) or in some other State of the European Union:
The place of performance of these services is the Spanish territory of application of the Tax (article 70.One.4 ° A) b) Law 37/1992).
LÍNEA GRÁFICA, E.C.E. S.L. VAT will be passed on to the recipient applying the general tax rate in Spain, 21 percent
b-VI) A PARTICULAR established outside the Community:
The place of performance of these services is the State of the recipient.
LÍNEA GRÁFICA, E.C.E. S.L. VAT will NOT be passed on in any case
LÍNEA GRÁFICA, E.C.E. S.L. processes your invoices in electronic format, having the same legal validity as invoices issued on paper. Our invoices comply with the rules stipulated in article 6 of RD 1496/2003.
Initially delivery notes are created that once paid are transformed into official invoices. The system generates a delivery note for each purchase made. LÍNEA GRÁFICA, E.C.E. S.L. You do not have the option to group multiple charges into a single invoice, unless multiple services have the same request or renewal date.
THE CLIENT can pay the delivery notes by accessing the PAYMENTS / INVOICES section from the Customer Area. In this section there is a history of all the invoices, which are downloadable and printable.
LÍNEA GRÁFICA, E.C.E. S.L. will not send the invoices to the clients by postal mail unless THE CLIENT requests it for some specific and justified reason.
18.1. Billing to third parties
LÍNEA GRÁFICA, E.C.E. S.L. does not invoice third parties. Our company will invoice directly with the billing information that appears in THE CLIENT’s account and the CLIENT will have to issue an invoice to a third party on their own, independently of us.
THE CLIENT must pay in advance the total amount of their services or products. Until this requirement is met, our services will not be provided.
If for any reason there are non-payments on the account of THE CLIENT, LÍNEA GRÁFICA, E.C.E. S.L. will notify THE CLIENTS of the negative credits, which must be settled within the period indicated. THE CLIENT will not be able to cancel their services until the debt has been settled.
All delivery notes have their own expiration date. Invoices are created one week before the renewal date (expiration) so that THE CLIENT can pay it on time.
In the case of domain renewal, the renewal date cannot be exceeded, if paid one day later, the domain will have expired.
Once the expiration date has passed, the system will automatically suspend THE CLIENT’s product. To reactivate it, THE CLIENT will have to make sure that their product still exists and has not been eliminated in its entirety, by contacting the commercial department of LÍNEA GRÁFICA, E.C.E. S.L. to be informed about it.
LÍNEA GRÁFICA, E.C.E. S.L. reserves the full right to completely delete THE CLIENT’s account after the expiration date without any type of responsibility in this regard.
20. CREDIT SYSTEM
LÍNEA GRÁFICA, E.C.E. S.L. has a credit system through which THE CLIENT can add money to their account and always have money available. The minimum deposit is € 5 and the maximum is € 500, for each time it is requested.
Once the invoice generated by requesting “Add funds” from the customer area has been paid, THE CUSTOMER will have the money available in his account immediately. Any invoice that is generated from that moment on, will be automatically charged from that fund.
In the account statistics THE CLIENT will be able to see at any time the amount that is available in the credit / fund, specifically in the “Credit Balance”. IF the box appears in red numbers and in negative, you must settle said amount within a maximum period of 5 days, unless you have your direct debit payment (See legal terms of direct debits).
THE CLIENT must be careful with those services that do not want to renew, since if an invoice were generated, it would be paid automatically if there were funds in their favor, and therefore the service would be renewed, without the possibility of return in the case of domains . THE CLIENT can avoid this incident by canceling the products at least 31 days before the renewal date.
The money that THE CLIENT has in his or her favor inthe account will not have a time limit in use, no minimum or maximum period is established to be consumed.
In case of cancellation of the service or product contracted by THE CLIENT due to having breached this contract, THE CLIENT will lose all rights to the credit in favor.
LÍNEA GRÁFICA, E.C.E. S.L. It only gives commissions for purchases made using the affiliate code.
LÍNEA GRÁFICA, E.C.E. S.L. offers an initial credit of € 5 when registering as an affiliate.
The earnings of each purchase will be effective 45 days after the date of purchase of the product. In this way, if there is any return on the part of the product, that profit will be null.
21.4 THE CLIENT has the right to claim the winnings only after having exceeded the minimum tax at that time. Currently the minimum is € 25. For this, THE CLIENT must access the customer area, enter the affiliates section and click on the corresponding button to request the money. That money is made effective in the form of credit in the customer account. The credit does not have an expiration date, it can be used whenever you want. Likewise, THE CLIENT can request that the affiliate earnings be deposited in his paypal account or in his bank directly.
In case there is a bank commission to make the deposit, it will be deducted from the total commission of THE CLIENT
21.4. LÍNEA GRÁFICA, E.C.E. S.L. will not give commissions for domain purchases.
22. EXCESS OF THE DATA TRANSFER LIMIT
If the data transfer reaches what is contracted in the corresponding plan, LÍNEA GRÁFICA, E.C.E. S.L. will suspend the account, unless THE CLIENT hires a higher plan. The account will be reactivated at the beginning of the following month.
For streaming servers in general, if the monthly transfer fee is exceeded, you will be billed for the exceeded portion separately. The amount to be charged is stipulated by the data center where the server is hosted.
23. STREAMING RADIO – Internet radio broadcast
The live broadcast over the internet is totally legal as long as you have the due authorization of Copyright of the phonographic material that you transmit over the internet.
In Spain, Copyright is protected and managed by the SGAE. The broadcast over the internet REQUIRES the proper authorization and license from the SGAE.
The SGAE has established that to broadcast phonographic content protected by its copyright over the Internet, it is necessary to have its license and pay the due fees.
In any case, when hiring a station with LÍNEA GRÁFICA, E.C.E. S.L., we will not ask you whether or not THE CLIENT has authorization from the SGAE or any other copyright manager. This matter is not within our competence and is entirely the responsibility of THE CLIENT.
LÍNEA GRÁFICA, E.C.E. S.L. offers all customers the Installatron tool completely free of charge, which includes more than 30 installable programs with a free license. LÍNEA GRÁFICA, E.C.E. S.L. does not provide technical support for, and is not responsible for, any of these bundled programs.
25. SPECIAL PROMOTIONS
LÍNEA GRÁFICA, E.C.E. S.L. proposes specific offers and promotions throughout the year. Each promotion carries its own conditions, which are set out in detail on the website.
If THE CLIENT makes a change that affects the conditions of the current promotion or offer, he will lose the benefits of said promotion, having to pay the corresponding fee informed by LÍNEA GRÁFICA, E.C.E. S.L..
26. PRICE MODIFICATIONS
Normally the prices of all products are modified every year. However LÍNEA GRÁFICA, E.C.E. S.L. maintains and respects the initial price with which THE CLIENT contracted the service.
LÍNEA GRÁFICA, E.C.E. S.L. reserves the right to apply discounts on its products or services through promotions and offers.
28. RELATIONSHIPS AND NOTIFICATIONS BETWEEN THE PARTIES.
28.1. The relationships between the parties are those of a customer and a service provider.
28.2. THE CLIENT will not have any right to oblige LÍNEA GRÁFICA, E.C.E. S.L. before third parties without the express consent of LÍNEA GRÁFICA, E.C.E. S.L ..
28.3. Unless the procedural legislation requires otherwise, the parties agree to communicate by email or postal mail, using the most up-to-date addresses in their possession. The parties will be obliged to keep proof of having made the notifications to the opposing party.
29. CIVIL LIABILITY
THE CLIENT exonerates LÍNEA GRÁFICA, E.C.E. S.L. of any responsibility related to the content of the information stored by THE CLIENT on the servers of LÍNEA GRÁFICA, E.C.E. S.L ..
THE CLIENT is solely responsible for any claim or legal, judicial or extrajudicial action, initiated by third parties both against THE CLIENT and against LÍNEA GRÁFICA, E.C.E. S.L., and based on the content of the information, the CLIENT assuming all expenses, costs and indemnities incurred by LÍNEA GRÁFICA, E.C.E. S.L. due to such claims or legal actions.
Any user who deposits Information on the servers of LÍNEA GRÁFICA, E.C.E. S.L., in the form of web pages, or in any other way, that allows access by third parties, will not become, by virtue of such act, a partner or collaborator of LÍNEA GRÁFICA, E.C.E. S.L. , but will be an Independent content publisher. By connecting a server to the network, LÍNEA GRÁFICA, E.C.E. S.L. does not become the publisher or distributor of the information deposited by users on the servers of LÍNEA GRÁFICA, E.C.E. S.L. and, therefore, LÍNEA GRÁFICA, E.C.E. S.L. does not assume any responsibility for the damage that the content may cause to other users. THE CLIENT acknowledges that the information that can be accessed through the access service is the responsibility of the person who produces it. Consequently, LÍNEA GRÁFICA, E.C.E. S.L. will not be responsible in any case and under any circumstances for the content of the information of third parties to which THE CLIENT can access, nor for the damages that THE CLIENT may suffer by virtue of the third-party Information, regardless of the access to such information is made through links, direct or consecutive, whose origin is found on the web pages of LÍNEA GRÁFICA, ECE S.L .. Resources that are beyond the control of LÍNEA GRÁFICA, E.C.E. S.L., among others, the following: programs, texts and user data; unmoderated newsgroups from the server itself; newsgroups from other servers; chats; distribution lists; FTP and Telnet accounts.
In order to prevent infractions in which LÍNEA GRÁFICA, E.C.E. S.L. may be declared civil liability subsidiary, THE CLIENT expressly authorizes LÍNEA GRÁFICA, E.C.E. S.L. to carry out the necessary control measures to verify the legality of the information deposited on the server that is under its administration. THE CLIENT also authorizes LÍNEA GRÁFICA, E.C.E. S.L. to provide the data that are required by the State security forces by judicial order, in the course of a police investigation.
LÍNEA GRÁFICA, E.C.E. S.L. undertakes to make every effort to maintain an acceptable level in the fulfillment of its contractual obligations, but cannot guarantee, explicitly or implicitly, the continuity of the service at any given time, nor the integrity of the Information stored or transferred through your system or the Internet. LÍNEA GRÁFICA, E.C.E. S.L. nor is it responsible for unauthorized access by third parties to CUSTOMER information stored in the system, loss or corruption thereof.
LÍNEA GRÁFICA, E.C.E. S.L. will not be liable to THE CLIENT, or to its clients, for any damage derived from these cases, including: total or partial loss of information, inability to access the Internet, or Impossibility of transmitting or receiving Information caused by delays or interruptions of service, whether or not they are the responsibility or negligence of LÍNEA GRÁFICA, ECE S.L ..
30. CONTRACT PERIOD
This contract will be applicable from the date of acceptance thereof by THE CLIENT. The duration of this contract will depend on the period specified for each type of service, which will be chosen by THE CLIENT at the time of purchase.
This contract is understood to be tacitly renewed if the parties continue to fulfill their contractual obligations. Therefore, upon completion of this contract, without any of the parties having announced its resolution to the other at least 10 days in advance, this contract will be tacitly renewed, for a period equal to that corresponding to the chosen service.
However, LÍNEA GRÁFICA, E.C.E. S.L. may immediately terminate this contract in the cases contemplated in the clauses of the contract. LÍNEA GRÁFICA, E.C.E. S.L. You may exercise this right without the need for prior notice and THE CLIENT will not have the right to claim any compensation.
The rights and obligations of THE CLIENT may not be subrogated by third parties without the written consent of LÍNEA GRÁFICA, E.C.E. S.L., which undertakes to reason the causes in case of non-acceptance.
32. MODIFICATIONS TO THE CONTRACT
LÍNEA GRÁFICA, E.C.E. S.L. reserves the right to modify this contract in order to update its content. THE CLIENT will be able to see the updated contract at any time in the KNOWLEDGE BASE section – LEGAL INFORMATION – CONTRACT LÍNEA GRÁFICA, E.C.E. S.L., within the web www.lineagrafica.es
It will be understood that THE CUSTOMER accepts the modifications if he or she continues to use the services of LÍNEA GRÁFICA, E.C.E. S.L. after the modification date.
33. TERMINATION OF CONTRACT.
The contract will end automatically when THE CLIENT lets the product expire voluntarily.
In the case of clients who have contracted the bank direct debit service, the contract will not end automatically. In this case, THE CLIENT must notify LÍNEA GRÁFICA, E.C.E. S.L. to terminate the service with its corresponding contract. For more information, consult the legal conditions of direct debit.
This contract may be terminated by the unilateral complaint of any of the parties, with a written and reliable notice of 30 days.
The exercise of this power will not give rise or right to any of the parties to demand compensation for damages, except for those inflicted willfully or negligently and those that, as a consequence of the early termination, remain pending consideration.
Notwithstanding the foregoing, and in accordance with the general contracting regulations, the breach by any of the parties of the obligations contracted legally or contractually, will empower the other party to consider it resolved automatically and by law without the need for prior notice, Sufficient with the reliable notification of this resolution to the non-compliant party, indicating the will and the cause of termination.
34. PARTIAL NULLITY
If any part of this contract is contrary to law and, therefore, invalid, this will not affect the other provisions in accordance with the law. The parties undertake to renegotiate those parts of the contract that will be void and to incorporate them into the rest of the contract.
35. APPLICABLE LEGISLATION AND COMPETENT JURISDICTION.
This contract will be governed in all respects by the Laws of Spain and any conflict that arises by virtue of this contract or in relation to it, will be before the courts and tribunals of the user’s domicile and the system of extrajudicial dispute resolution CONFIANZA ONLINE (www.confianzaonline.es) as an entity attached to CONFIANZA ONLINE LÍNEA GRÁFICA, ECE S.L., will have the right, according to its exclusive discretion, to initiate proceedings in the courts of any other country in which THE CLIENT resides or in which any of the assets of THE CLIENT and / or companies of its group are located.
36. COMMITMENT OF CONFIDENTIALITY
LÍNEA GRÁFICA, E.C.E. S.L. explicitly undertakes to keep the data and information received from its users, both those from the completed forms and those generated by browsing the web itself, as strictly confidential, using technologies that allow maximum security for them.
37 CONDITIONS OF THE PACK OF HOURS SERVICE.
The packages of hours will expire one year from the day they are hired.
The client can request an extension of three months, as long as it is done before the end of the year, from the date of hiring.
38.A CONDITIONS OF USE OF EMAIL
The email service that LÍNEA GRÁFICA, E.C.E. S.L. offers its clients is governed by a series of rules and regulations, which aim to achieve the following objectives:
- Guarantee, at all times, a robust, fast and reliable mail service.
- Protect the privacy of our clients’ data to the maximum.
- Avoid any kind of abuse of the mail service.
All users of the LÍNEA GRÁFICA, E.C.E. S.L. They must know and respect the general conditions of the contracted service. For the email service, which is included in the different types of web hosting, the following rules must be taken into account in order to achieve the above objectives:
It is necessary to protect the keys associated with the e-mail boxes, storing them in a safe place and avoiding their disclosure to third parties. The client must inform LÍNEA GRÁFICA, E.C.E. S.L. in case of loss or theft of the email keys.
Customers will be responsible for the misuse of their email accounts, whether due to negligence, ignorance of use or misuse of the service.
People who violate email security systems and, in general, any system of LÍNEA GRÁFICA, E.C.E. S.L. , may incur civil and criminal liability. Our organization will collaborate to the maximum of its possibilities to investigate this type of acts, delivering, if applicable, the information required by the state security forces and judicial bodies for the prosecution of this type of acts.
If the client has its own mail server, it will put all the means to avoid the forwarding of mail from its server by unauthorized users, and correct the configuration of its server in the shortest possible time in the case of being included in black lists o Open mail server databases (Open Relay SMTP servers).
Apart from those indicated in the general conditions of service, the following actions are expressly prohibited for the email service:
- Sending illegal content, such as apology for terrorism, pirated programs, child pornography, threats, scams, pyramid enrichment schemes, viruses or hostile code in general, etc.
- Mass dissemination of messages, especially unsolicited advertising. Mass mailing without the express consent of the recipients is also prohibited.
The email service of LÍNEA GRÁFICA, E.C.E. S.L. is a tool for the exchange of information between people, not a tool for the massive dissemination of information. LÍNEA GRÁFICA, E.C.E. S.L. has established a daily delivery limit, which is marked as follows, according to the type of hosting contracted:
- Personal Plan: 400 emails/day
- Enterprise Plan: 600 emails/day
- Advanced Plan: 900 emails / day
- Superior Plan: 1200 emails /day
- Dedicated Servers and VPS : 1200 emails / day
- Hosting Prestashop Comienza Avanza y Profesional: 1200 emails / day
In the case of wanting to modify this configuration, you must communicate it to firstname.lastname@example.org or by calling the telephone number 954312200.
The reason for this limitation is to avoid any type of attack aimed at hindering or hindering the mail service or other services.
38.B TERMS OF THE SMS PACK SERVICE.
LÍNEA GRÁFICA, E.C.E. S.L. will provide you with private access to its SMS platform located at sms.lineagrafica.es as long as the service called “SMS PLATFORM” is contracted and paid for, which is associated with an initial purchase of SMS PACKS.
The SMS rate will be € 0.055 for each SMS when a pack of less than 5000 SMS is purchased.
The 5000 SMS pack has a fee of € 0.05 for each SMS.
LINEA GRAFICA E.C.E. S.L. undertakes to provide the Client with the service for the preparation and sending of mass messaging campaigns, the organization of contact lists and the consultation of statistics. All this within the sms.lineagrafica.es platform
The Client agrees to use the Service / s of LÍNEA GRÁFICA, E.C.E. S.L. in accordance with the legal and regulatory provisions, with special but not exclusive respect for the rules that govern the issue of spam and privacy.
The Client is solely responsible for the content of the SMS messages sent to third parties, on which LÍNEA GRÁFICA, E.C.E. S.L. will not carry out any type of control or monitoring, either before or after they have been sent.
In order to make use of the Services provided by LÍNEA GRÁFICA, E.C.E. S.L., the Client undertakes to use equipment and accessories that are in perfect working order and for which they are solely responsible.
The client expressly indemnifies and exempts LÍNEA GRÁFICA, E.C.E. S.L. of any responsibility associated with the content of the SMS messages sent from the account and / or on behalf of the Client.
The Client also indemnifies and exempts LÍNEA GRÁFICA, E.C.E. S.L. of any responsibility associated with the use, publication of the shared or reserved number assigned to the Client for the service of receiving SMS messages.
The Client expressly exempts LÍNEA GRÁFICA, E.C.E. from liability. S.L. of any claim presented by third parties and / or by the Client himself in relation to the procedure of recovery, filing, conservation, access, distribution and destruction of the numbers used, by way of non-limiting example when it comes to the fulfillment of said activities with current legal and regulatory provisions, including those relating to privacy.
With the responsibility of LÍNEA GRÁFICA, E.C.E. S.L. In cases of deliberate misconduct or gross negligence, the Client indemnifies and exempts LÍNEA GRÁFICA, E.C.E. S.L. from any liability associated with the failed or late sending and / or the failed or late receipt of SMS, and, by way of non-limiting examples, in the following cases:
- cases of force majeure
- cases that depend de facto on third parties, such as the interruption or malfunction of telecommunications services, electricity supply, signal coverage, etc .;
- cases that depend on the improper and incorrect use of the equipment used by the Client, necessary for the full and correct use of the services provided by LÍNEA GRÁFICA, E.C.E. S.L.
- cases that depend de facto on the Client himself or on one of his collaborators or associates;
- cases that depend on the suspension or interruption of the systems in use by LÍNEA GRÁFICA, E.C.E. S.L. , even when this occurs by order of the competent authorities.
FEATURES OF THE SMS SERVICE
The Parties expressly agree that when telephone operators restrict or suspend the possibility of personalizing the sender of SMS messages, LÍNEA GRÁFICA, E.C.E. S.L. will no longer be obliged to guarantee such service.
LÍNEA GRÁFICA, E.C.E. S.L. does not guarantee delivery of any type of SMS message unless the SIM card is enabled for roaming abroad.
In the event that the Client provides inaccurate or incomplete data that make it impossible or difficult to provide services by LÍNEA GRÁFICA, E.C.E. S.L. , LÍNEA GRÁFICA, E.C.E. S.L. reserves the right not to activate and / or suspend the Service / s until the Client does not have what is necessary to remedy the situation.
When, for reasons attributable to the telephone operators, one or more telephone numbers used for the SMS Online Service are deactivated and / or suspended, LÍNEA GRÁFICA, E.C.E. S.L. undertakes to request new numbers from the same telephone operators, in order to maintain the same quantitative and qualitative level of service.
The Client undertakes here and now not to request any price reduction and / or compensation for damages caused by a change of number.
LÍNEA GRÁFICA, E.C.E. S.L. makes available to its customers a module for Prestashop Stores version 1.6 and 1.7 with the sole purpose of allowing you to send SMS from the online store synchronizing with the customer’s registered account at sms.lineagrafica.es. Both the installation and the use that is given to the module will be the responsibility of the client for the damages that it may cause to their own store, as well as to third parties, without LÍNEA GRÁFICA, E.C.E. S.L. have any responsibility or obligation.
EXPRESS TERMINATION OF SMS SERVICE
LÍNEA GRÁFICA, E.C.E. S.L. may terminate these General Terms and Conditions of the contract and each of the Orders in accordance with article 1456 of the Civil Code, if the Client has breached the provisions of this Contract, with the exception and without prejudice to the rights of LÍNEA GRÁFICA, E.C.E. S.L. to the payment of the consideration due in his favor on the date of termination and to the payment of the damages suffered.
The use that the client makes of the SMS sending service will be solely his responsibility.
LÍNEA GRÁFICA, E.C.E. S.L. will provide you with private access to its SMS platform located at sms.lineagrafica.es as long as the service called “SMS PLATFORM” is contracted and paid for, which is associated with an initial purchase of SMS PACKS.
38.C PRESTASHOP MODULES CONDITIONS
LÍNEA GRÁFICA, E.C.E. S.L. offers its customers the sale of modules for Prestashop shops in different versions that will be informed in the product sheet of each module that is for sale.
Due to the fact that Prestashop is an Open Source platform and any owner or proprietor of a Prestashop online shop can access the code of the same, can make modifications, have undetected vulnerabilities, not have correct maintenance or hosting and other types of situations, LÍNEA GRÁFICA, E.C.E. S.L. does not guarantee nor is it responsible for the repercussions of any type that the installation and use of its marketed modules may have. However, all the modules that are marketed have technical support and updates (whenever available) for a limited period of time, which may or may not be renewed based on the company’s policies in this regard.
In the event of detecting code modifications on the contracted module/s that request support, we reserve the right not to provide the service.
LÍNEA GRÁFICA, E.C.E. S.L. always recommends, before installing any module in a Prestashop online shop, to make or have a recent and complete backup of the same.
LÍNEA GRÁFICA, E.C.E. S.L. will only provide support for the domain that is reflected in the module file contracted by the client, who informs it during the purchase process and can modify it up to 2 times by requesting it by ticket to the technical support or administration department.
LÍNEA GRÁFICA, E.C.E. S.L. reserves the right to modify the conditions of sale, support service and updates of the prestashop modules on sale and sold at any time.
All the modules developed by LÍNEA GRÁFICA, E.C.E. S.L. are the intellectual property of LÍNEA GRÁFICA, E.C.E. S.L., and therefore reserves the right to encrypt part or all of the code of the same, as well as licensing the marketing by technological means that the client would be informed of.
38.D CONDITIONS OF THE SERVICE OF ONLINE STORES SYNCHRONIZED WITH TECH DATA ESPAÑA S.L.U
This service that the CLIENT hires consists of hiring an online store on a rental basis, which is offered in different contracting modalities, based on Prestashop technology with the following characteristics and restrictions:
- The online store that the client rents is based on Prestashop 1.7 technology
- The online store is directed solely to clients of Tech Data España, S.L.U
- The online store is equipped with an automatic synchronization system that checks the stock with Tech Data España, S.L.U systems when accessing a product file and when adding it to the shopping cart
- The store’s catalog is automatically acquired from the systems that Tech Data España, S.L.U enables for each of its customers who contract this service.
- The store will allow you to indicate the price range at which you want to sell the products, segmenting by families and sub-families.
- The store is prepared so that when an order is received by an end customer (for Tech Data products, and the customer makes the payment), it automatically connects with Tech Data, sends the information, and it sends the order to the end customer (Dropshipping process).
- The store will only allow adding new products individually. Any possibility of mass importation has been restricted.
- When an order is produced with Tech Data products and products uploaded by the client, it will be divided into 2 orders and only the order with the products that are associated with them will be sent to Tech Data and the rest will have to be processed manually by the administrator of the online store.
- The online shop shall have only the following sections available for use
- 1. Orders
- Orders (and their management)
- Invoices per subscription
- Delivery notes
- Shopping carts
- Brands and Suppliers (Suppliers is restricted)
- Cart rules
- Catalog Price Rules
- Store Reviews
- Product reviews
- Customer service
- Customer service
- Order messages
- Payment methods (access to configure payment methods)
- Store parameters
- Customer adjustments
- Clients Groups
- Customer adjustments
- It can be accessed through Shortcuts to:
- Static sections (CMS)
- Configure Banner
- Configure Filters in Listings
- Set up payment methods
- Configure Notifications
- Set up social networks
- Configure Services
- Configure Slider
- Customize Design
- Featured products on the front page
This service can be contracted in the following modalities, characteristics and prices:
Standard Techdata Store mode with a monthly price of € 180 (VAT not included) and a subscription of € 450 (VAT not included) for service registration.
– Includes technical support through tickets
Coverage and response time
– Minor incidents Before 36 hours Monday to Friday from 8 am to 3 pm
– Average incidents Before 24 hours Monday to Friday from 8 am to 3 pm
– Urgent Before 12 hours Monday to Friday from 8 am to 3 pm
– Very Urgent Before 4 hours as long as it depends directly on our company
*Tech Data Premium Store mode with a monthly price of € 180 (VAT not included) and a subscription of € 450 (VAT not included) for service registration.
– Technical support through tickets
– Minor incidents Before 24 hours Monday to Friday from 8 am to 3 pm
39. DATA PROCESSING MANAGER AGREEMENT BY LÍNEA GRÁFICA, E.C.E. S.L.
Everything related to Personal Data Protection with regard to the treatment of the same and which aims to establish the conditions in which LINEA GRAFICA, as Treatment Manager has the right to treat following express instructions of the CLIENT, is described in the following Treatment Manager Contract, which can be viewed from the following link. Contract_for_treatment_manager.pdf