Terms of service

On the one hand, LÍNEA GRÁFICA, E.C.E. S.L., and 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 made by THE CLIENT. An order shall be deemed to have been accepted when THE CLIENT completes and submits the purchase request from our website or when a duly completed and signed acceptance of a quotation 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 telephone, email or post.
Pursuant to Royal Decree (R.D.) 1906/1999, which regulates distance contracting carried out by telephone, electronic or telematic means, this contract is valid and shall be deemed signed by THE CLIENT upon contracting the hosting services.
Acceptance of these CLAUSES shall entail the formalisation of the contract between THE CLIENT and LÍNEA GRÁFICA, E.C.E. S.L., which shall enter into force as of the date of acceptance of this document.

CLAUSES

1. SERVICES PROVIDED

The purpose of this contract is the provision of web hosting services (hosting of web pages on the Internet), web design and development, and SaaS software, among others. The types of services provided are classified within the following categories:

Multi-domain web hosting
Dedicated servers
Virtual servers
Reseller plans
Software subscription service
Web design and development: websites, blogs, online shops, etc.
Sale of Prestashop modules
SMS Sending Service Platform
Additional add-ons related to the above services

2. CONTRACTING CONDITIONS OF LÍNEA GRÁFICA, E.C.E. S.L. FOR HOSTING SERVICES

LÍNEA GRÁFICA, E.C.E. S.L. shall provide THE CLIENT, from the time of contracting, with the following services:

2.1. Connection

The hosting shall 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 throughout the term of the contract, owing to the possibility of problems on the Internet, failures of the server equipment and other possible unforeseeable contingencies.

Likewise, if the domain shares the same machine with other domains, technical problems attributable to third parties may arise, for which LÍNEA GRÁFICA, E.C.E. S.L. accepts no responsibility.

Therefore, THE CLIENT expressly waives any claim against LÍNEA GRÁFICA, E.C.E. S.L. for any liability, whether contractual or non-contractual, or for damages, arising from possible failures, slowness or errors in the access to and use of the contracted service.

2.2. Primary and Secondary Servers

LÍNEA GRÁFICA, E.C.E. S.L. shall provide primary and secondary name servers for THE CLIENT, LÍNEA GRÁFICA, E.C.E. S.L. being responsible for the work necessary for the proper execution of operations on, and access to, such servers at all times.

2.3. Backups

LÍNEA GRÁFICA, E.C.E. S.L. makes full backups of all Shared Hosting servers on a periodic basis, which may be weekly, fortnightly or monthly as it deems appropriate. LÍNEA GRÁFICA, E.C.E. S.L. will do everything possible to assist THE CLIENT in the event of data loss. LÍNEA GRÁFICA, E.C.E. S.L. will do everything possible to guarantee its backups in good faith.

LINEAGRAFICA, E.C.E. S.L. has NO OBLIGATION WHATSOEVER to make backups of any dedicated server or cloud server. The responsibility for making such backups lies entirely with the CLIENT.

THE CLIENT has tools at its disposal to manage its backups, for which it is fully responsible.

LÍNEA GRÁFICA, E.C.E. S.L. shall not be liable for the accidental loss of information occurring for any reason beyond the control of LÍNEA GRÁFICA, E.C.E. S.L. Likewise, it cannot be guaranteed that, in the processes of recovering information from backups, such backups can be restored correctly.

2.4. Technical Support

LÍNEA GRÁFICA, E.C.E. S.L. shall provide THE CLIENT, from the date of contracting the service, with all the necessary support and appropriate technical assistance for the development, expansion and improvement of its activities relating to the domains hosted on the servers of LÍNEA GRÁFICA, E.C.E. S.L..

LÍNEA GRÁFICA, E.C.E. S.L., through its relevant staff and technicians, shall offer THE CLIENT, upon request, technical assistance on matters relating to the contracted services, and may not offer such assistance on matters relating to application programming in general, application design, creation and configuration of databases, consultancy, marketing and the development of its website in general terms.

With regard to assistance and information relating to scripts created or produced by LÍNEA GRÁFICA, E.C.E. S.L., such technical assistance shall consist of providing the appropriate information on their installation. In any case, the modification of or changes to the scripts, both in their pages and in their code, are excluded.

In any case, and at the express request of THE CLIENT, LÍNEA GRÁFICA, E.C.E. S.L. may provide it with commercial and technical references of those CLIENTS or third-party companies that can provide the above services, which fall outside the scope of this contract.

2.5 Configuration of the Shared Hosting Servers

LINEAGRAFICA E.C.E. S.L. reserves the right to configure the Shared Hosting Servers at its own discretion. Such configurations may be modified without prior notice, whether due to a legal obligation, version updates of the services offered, security improvements, etc. It shall be the client's responsibility to adapt the scripts it uses on the Shared Hosting Servers should the normal operation of such scripts be affected by such changes. In any case, LINEAGRAFICA E.C.E. S.L. will endeavour to notify all users affected by such changes by email.

2.6 Configuration of Dedicated Servers and/or Cloud Servers

LINEAGRAFICA E.C.E. S.L. shall deliver the Dedicated Servers and/or Cloud Servers to the CLIENT with the Operating System and configuration contracted by said CLIENT. The CLIENT may configure such servers as it deems appropriate, LINEAGRAFICA E.C.E. S.L. being responsible for fulfilling the contracted hosting service. Any error arising from misuse, incorrect configuration, malpractice or similar shall be the sole responsibility of the client, and LINEAGRAFICA E.C.E. S.L. shall bear no liability whatsoever arising from such a situation.

3. OBLIGATIONS OF THE CLIENT

3.1. Code of Conduct

LÍNEA GRÁFICA, E.C.E. S.L. provides services to various clients and has the responsibility to provide each client with the best possible services. The following rules have been established to ensure that these obligations can be met. THE CLIENT undertakes to comply with these rules. Breach of this clause by THE CLIENT shall give rise to the termination of this contract by LÍNEA GRÁFICA, E.C.E. S.L., without THE CLIENT being entitled to claim any compensation whatsoever.

3.2. Minors

THE CLIENT acknowledges that it is of legal age. Otherwise, contracting carried out by minors requires the prior authorisation of their parents, guardians or legal representatives, who shall be deemed responsible for the contracting carried out by the minors in their care. It is the minors who must obtain the consent necessary to proceed with the contracting.

The authorisation must be sent, duly signed by the guardian, 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 features of the contracted plan. Should a domain consume a portion of the system resources such that the performance of the other 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 offering 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 may not contain such files.

3.4. Prohibited activities

The activities that shall under no circumstances be permitted on the servers and hosting services contracted through LÍNEA GRÁFICA, E.C.E. S.L. are the following:

«spamming» (any type of SPAM sending, sending unsolicited commercial electronic communications to those with whom THE CLIENT has no prior business relationship, or posting «off-topic» advertising in newsgroups)
«spoofing» (use of a reply email address that is not the sender's valid reply address, or sending an email message that does not contain sufficient information to allow the recipient to identify the person actually sending the message)
«passive spamming» (promoting a website hosted at LÍNEA GRÁFICA, E.C.E. S.L. by spamming from some other source)
«trolling» (posting controversial messages to newsgroups with the sole aim of generating responses and disrupting the functioning of the group)
«mailbombing» (flooding a user with email with no intention of establishing correspondence)

generating an amount of outgoing mail greater than that of a normal user, consuming a portion of the system resources such that the performance of the other plans hosted on the same server is significantly reduced

subscribing someone to an email mailing list without that person's permission.

A message is considered unsolicited if it is contrary to the rules («charter») of the newsgroup or if it is sent to a recipient who has not requested the message. Making an email address publicly available does not constitute a request to receive messages. The distribution of bulk email sending programs is also prohibited.

All subscribers to a mailing list must have signed up voluntarily and personally. Mailing lists may not be used to distribute unsolicited messages. If THE CLIENT repeatedly engages in «mailbombing» or attracts such behaviour, LÍNEA GRÁFICA, E.C.E. S.L. will terminate its contract, without THE CLIENT being entitled to claim any compensation whatsoever.

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.
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. supports freedom of expression on the Internet, and will not suspend or cancel THE CLIENT's account simply because it agrees or disagrees with the views expressed by THE CLIENT. In the event of allegations that THE CLIENT's online activity has allegedly violated the legal rights of a third party, LÍNEA GRÁFICA, E.C.E. S.L. shall not act as judge regarding the decision to be adopted in relation to the claims of that third party.

3.6. Compliance with the law

The services of LÍNEA GRÁFICA, E.C.E. S.L. may only be used for lawful purposes. Illegal activities include, but are not limited to:

Drug trafficking.
Attempting to access a computer system without authorisation.
Piracy (distribution of copyrighted material in violation of copyright laws, in particular files.
MP3, MPEG, ROMs and ROM emulators)
Gambling.
Fraud and schemes to defraud.
Trafficking in obscene material.
sending obscene messages or messages with obscene, lascivious, lustful, filthy or indecent content with the intention of annoying, humiliating, threatening or harassing another person.
Threats of physical harm to other individuals or groups.
Harassment.
Violation of Spanish law (as LÍNEA GRÁFICA, E.C.E. S.L. is a Spanish company and Spain is 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 stored on its servers for illegal materials and content, or for any other reasons it deems necessary.

3.7. Pornography

Pornography and the marketing of products of a sexual nature, or links to such materials, shall only be acceptable if their content is lawful.

3.8. Hacking/Cracking

LÍNEA GRÁFICA, E.C.E. S.L. reserves the right to report illegal activities to the police forces or to any administrative or governmental authority for prosecution.

3.9. Abuse of server resources

Running unauthorised programs on the servers without the knowledge of LÍNEA GRÁFICA, E.C.E. S.L. and without its prior written authorisation is not permitted. Additionally, the use of more than 20% of the system resources constitutes an undue overload on the server and is not acceptable. If system usage exceeds 20% of total resources, THE CLIENT will be
contacted in order to resolve the problem. Furthermore, if a domain or website exceeds 3 Gigabytes of monthly traffic, it may be cancelled without prior notice.

All shared hosting plans are limited and contracted by disk space and monthly traffic. However, it may be the case that the CLIENT's account consumes many more server resources (apache, mysql, RAM 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 size of the apache log of the CLIENT's domains. If any domain exceeds a size of 50.000 byte, THE CLIENT shall be obliged to migrate to, as a minimum, a Basic Cloud Server.

You may ask the support department at any time to inform you of the log consumption of any domain so that you can keep track of your consumption. In this way we ensure that the servers do not become saturated and that they work optimally for all the users who share them.

3.10. Other behaviour

The following examples are not exhaustive and are given as a guideline for behaviour. THE CLIENT may contact LÍNEA GRÁFICA, E.C.E. S.L. if it is unsure whether its actions would constitute a violation of our policy:

Sending messages of an intrusive nature to any network
Attempts to circumvent user authentication or the security measures of a server, network or account.
Accessing data not intended for the user.
Probing the security of any network.
Creating («spawning») dozens of processes.
Port scanning, «ping floods», packet «spoofing», falsification of router information, attacks.
«Denial of Service», «sniffers», «flooding», «spoofing», «ping bombing», «smurfs», «winnuke», «land», «teardrop».
Spreading viruses.
IRC robots such as eggdrop or BitchX.

Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and the appropriate measures will be taken. The presence of any of these programs, whether or not they are executed, will lead to action by LÍNEA GRÁFICA, E.C.E. S.L. against THE CLIENT, including the suspension or termination of the contract, without THE CLIENT being entitled to claim any compensation whatsoever.

4. SERVER ADMINISTRATION – SLA (Service Level Agreement)

4.1. Server administration by LÍNEA GRÁFICA, E.C.E. S.L. includes:

The following services will be performed whenever possible, at the client's prior request, as a measure to improve security

Updating of operating system versions and/or server services, at the client's prior request, so as not to interfere with the hosted applications.

Updating of the Kernel and Directadmin, at the client's prior request or as required by the system.

24-hour, 7-days-a-week server monitoring.

Any migration to a higher product, subject to a prior feasibility study, may be subject to a quotation.

Should THE CLIENT wish to change to a lower product, the responsibility for migrating its data lies with THE CLIENT.

4.1.2. Server administration by 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 installation of additional software shall be quoted and shall not be carried out until THE CLIENT has accepted and paid the quotation for the operation.

Solving programming problems in files, scripts or applications uploaded and used by THE CLIENT, nor updates thereof.

Migrations from other providers to LÍNEA GRÁFICA, E.C.E. S.L.. THE CLIENT is responsible for ensuring that its migration has been carried out successfully. At no time shall the administrators of LÍNEA GRÁFICA, E.C.E. S.L. be obliged to provide support for a migration or technical problem with a provider external to LÍNEA GRÁFICA, E.C.E. S.L..

The rate for interventions that are NOT included in the administration of the services offered shall 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 through vulnerabilities in the files, scripts or applications it uses.

THE CLIENT is solely responsible for updating its files, scripts and/or applications and for doing everything possible to ensure that they have the minimum possible execution permissions. THE CLIENT is responsible for any damage caused by attacks carried out on its server from its files, scripts or applications (apache, ftp, email, mysql, etc…)

5. SYSTEMS MAINTENANCE

LÍNEA GRÁFICA, E.C.E. S.L. is authorised to interrupt the contracted line in all those cases in which this is necessary in order to carry out any adjustment, modification or improvement, as well as to repair possible faults. LÍNEA GRÁFICA, E.C.E. S.L. will endeavour, insofar as possible, to notify THE CLIENT via email before carrying out any interruption.

6. SHOPIFY APPS

6.1 EASY COOKIES RGPD

6.1.1 DESCRIPTION OF THE PURPOSE OF THE APP SERVICE.

EASY COOKIES RGPD is a SaaS app that enables compliance with the Cookie Law in Shopify stores.

The app complies with the GDPR, guaranteeing the privacy of the data of the app's users.

The app adds a feature to your Shopify store that blocks cookies in the user's web browser when they first access the store, displaying a pop-up message with a descriptive warning text, which can be modified, and offering the options to accept, reject and select which cookies, both first-party and third-party, they wish to consent to the use of, thus complying with the “Cookie Law”, Ley 34/2002, de 11 de julio, de servicios de la sociedad de la información y el comercio electrónico (LSSI) (Law 34/2002 of 11 July on information society services and electronic commerce)

6.1.2 LICENCE

EASY COOKIES RGPD is a SaaS app, software whose support is hosted on the servers of LINEA GRÁFICA, which can be accessed via the Internet once the client's purchase process has been completed.

The conditions of use of this specific service are specified in these contracting conditions.

The provision of the contracted service to the client does not imply any assignment of intellectual property rights to the client in relation to the application.

6.1.3 “AS IT IS” WARRANTY.

The software is supplied and provided “as is and as presented”. There is no guarantee that the app's functionalities will meet the client's specific needs.

The above is without prejudice to the legal guarantee of conformity in clause 9 ter, which cannot be excluded when THE CLIENT is a consumer.

6.1.4 CONTRACTING THE APP.

The application is contracted directly from the Shopify app portal https://apps.shopify.com/popup-de-cookies?locale=es&st_source=autocomplete .

For installation, you must follow the instructions provided by the portal itself.

Once you have completed all the steps, the app will be installed in your online store and will be ready for use.

6.1.5 PRICES AND PAYMENT TERMS.

The prices of this app shall be those published on the Shopify App Marketplace at the time of contracting (https://apps.shopify.com/popup-de-cookies?locale=es&st_source=autocomplete ). LÍNEA GRÁFICA reserves the right to modify prices in accordance with its own commercial policy, without prior notice, with the advance notice it deems appropriate. The client may suspend or cancel its service if it does not agree with such modification.

Payment for the service shall be made in monthly cycles in arrears; Shopify shall carry out all the collection and invoicing management for the app. The service is activated on the day of contracting. The billing cycle covering the service lasts 30 days, with the possibility of enjoying a 14-day free trial.

The service has no minimum commitment period. The client may unsubscribe from the service at any time, following the guidelines and conditions that Shopify has stipulated for all apps available on its App Marketplaces.

The client declares that it is aware of this condition and declares that it shall be responsible for all the consequences, damages and losses that non-payment for the service and the consequent suspension of the service may cause it.

Charges are made directly by Shopify, and therefore LÍNEA GRÁFICA cannot be held responsible for any incident relating to charges or payments.

6.1.6 WITHDRAWAL

The client has the right to withdraw from its purchase within the legal period of 14 days, without having to state any reason or give any explanation in this regard and without incurring any penalty.

As provided in Ley 3/2014, de 27 de marzo (Law 3/2014 of 27 March), the client may not withdraw in the cases provided for in its article 103, in the following sections:

– a) The provision of services, once the service has been fully performed, when performance has begun with the prior express consent of the consumer and user and with their acknowledgement that they are aware that, once the contract has been fully performed by the trader, they will have lost their right of withdrawal.

– m) The supply of digital content which is not supplied on a tangible medium when performance has begun with the prior express consent of the consumer and user, with their knowledge that they consequently lose their right of withdrawal.

The right of withdrawal for this SaaS application ends at the moment it is downloaded, upon access to it by the client.

The withdrawal and the delivery of the modules and of the rest of the downloadable digital content are governed by clause 9 bis of these terms.

6.1.7 TECHNICAL SUPPORT

LÍNEA GRÁFICA has a technical incident support service offered by email at the address appsupport@lineagrafica.es

6.1.8 TERMINATION, SUSPENSION AND CANCELLATION OF THE SERVICE.

The service may be terminated for the general causes provided for by law for the termination of contracts.

In addition to suspension, cancellation and termination due to non-payment by the client, LÍNEA GRÁFICA reserves the right to suspend, cancel or terminate the contract if the tool is used inappropriately in a manner that may bring discredit or any other harm to LINEA GRÁFICA.

Suspension, cancellation and termination shall not entitle clients who have engaged in the above conduct to any compensation or indemnity.

The client may cancel or suspend its service by following Shopify's cancellation or suspension policies in this regard

6.1.9 INTELLECTUAL PROPERTY.

LÍNEA GRÁFICA is the sole owner of the Intellectual Property Rights in the application. No property right is transferred other than the licence to use it under the conditions of use and requirements set out.

6.1.10 DATA PROTECTION.

The client may consult our full data protection policy at https://www.lineagrafica.es/policies/terms-of-service

6.1.11 AMENDMENT OF THESE CONDITIONS.

LÍNEA GRÁFICA reserves the right to make changes and amendments to these conditions at any time and without prior notice, in order to adapt them to technical or commercial needs or for operational or service reasons.

The changes shall not affect the billing cycle in which they are made. They shall enter into force and be binding on the client in the following billing cycle.

Notwithstanding the above, LÍNEA GRÁFICA may announce or give notice of changes to these conditions 30 days in advance, announcing the date on which the new conditions will enter into force.

Should the client not agree with the amended conditions, it may suspend or cancel the service by giving prior written notice to LÍNEA GRÁFICA. The suspension or cancellation shall take effect in the billing cycle following that of the notice.

Should the client fail to give notice of the cancellation or suspension of the service, it shall be deemed to agree with and accept the new conditions.

6.1.12 LIABILITY

LÍNEA GRÁFICA's obligation is limited to making the developed application available to the client in conditions suitable for use.

LÍNEA GRÁFICA shall not be liable for the use made of it by the client. The client assumes full responsibility for its use.

If the tool presents a failure, incident or defect, the client must notify LÍNEA GRÁFICA as soon as possible, and the latter shall be responsible for remedying it in the shortest possible time.

LÍNEA GRÁFICA shall not accept liability for suspension or interruption of the service in cases of force majeure, fortuitous events, negligence in the use of the tool by the client, or suspension of third-party services required to provide the service, among others, without these causes being understood as a closed list (numerus clausus).

Nor shall it accept any liability if Shopify makes changes to the API that affect its operation; if it makes changes to the core of the stores that affect the APP; if it carries out updates that affect the operation of the APP; or any other technical modification or alteration that Shopify carries out and that affects the correct operation of the APP.

It shall be the sole responsibility of the client if the store is not correctly configured for the app to work properly; if it does not correctly configure the options offered by the app; if the client has made modifications to its theme that may affect the correct operation of the app; if it installs other apps that may conflict with the operation of the app; if the client uninstalls the app; or in any other case in which, through the actions of the client itself or of third parties it has subcontracted, such as theme or app developers or third parties managing systems maintenance, modifications, updates or any intervention are made that may affect the correct operation of the app.

6.1.13 ALTERNATIVE ONLINE DISPUTE RESOLUTION

Should you have any incident or dispute with LINEA GRÁFICA that our customer service has been unable to resolve, we inform you that you may use the ODR platform created by the European Commission, which is freely accessible and free of charge, for the out-of-court resolution of disputes arising from online services. You simply need to access this link: http://ec.europa.eu/odr.

6.1.14 SUBMISSION TO JURISDICTION

The client agrees to submit to the jurisdiction of the Courts and Tribunals of Seville for any actions and claims that may arise from this contract and in respect of which such submission is valid.

6.1.15 GENERAL CONDITIONS OF COMMON APPLICATION.

For matters not provided for in this section, the rest of the general conditions published on our website shall apply.

6.2 VIES LIBRE DE IMPUESTOS FÁCIL

6.2.1 DESCRIPTION OF THE PURPOSE OF THE APP SERVICE.

VIES LIBRE DE IMPUESTOS is a SaaS app that allows your B2B customers to verify very easily, in real time against VIES (the EU database), whether they are tax-exempt for intra-Community orders

With this app, your B2B customers will be able to verify very easily, in real time against VIES (the EU database), whether they are tax-exempt for intra-Community orders. In addition, you will be able to configure the store to show these customers prices excluding tax throughout the store, even when viewing the shopping cart from the top menu. You will also be able to carry out your own verification from the customer record in the backoffice. Its features include:

Real-time verification with VIES in the cart, customer account and backoffice
Display prices with or without VAT throughout the store, even in the top cart
Ideal solution for ecommerce with B2B sales
Works with all versions of Shopify
Compatible with all Shopify themes

6.2.2 LICENCE

VIES LIBRE DE IMPUESTOS is a SaaS app, software whose support is hosted on the servers of LINEA GRÁFICA, which can be accessed via the Internet once the client's purchase process has been completed.

The conditions of use of this specific service are specified in these contracting conditions.

The provision of the contracted service to the client does not imply any assignment of intellectual property rights to the client in relation to the application.

6.2.3 “AS IT IS” WARRANTY.

The software is supplied and provided “as is and as presented”. There is no guarantee that the app's functionalities will meet the client's specific needs.

The above is without prejudice to the legal guarantee of conformity in clause 9 ter, which cannot be excluded when THE CLIENT is a consumer.

6.2.4 CONTRACTING THE APP.

The application is contracted directly from the Shopify app portal https://apps.shopify.com/vies-libre-de-impuestos-facil?locale=es&st_source=autocomplete .

For installation, you must follow the instructions provided by the portal itself.

Once you have completed all the steps, the app will be installed in your online store and will be ready for use.

6.2.5 PRICES AND PAYMENT TERMS.

The prices of this app shall be those published on the Shopify App Marketplace at the time of contracting (https://apps.shopify.com/vies-libre-de-impuestos-facil?locale=es&st_source=autocomplete ). LÍNEA GRÁFICA reserves the right to modify prices in accordance with its own commercial policy, without prior notice, with the advance notice it deems appropriate. The client may suspend or cancel its service if it does not agree with such modification.

Charges are made directly by Shopify, and therefore LÍNEA GRÁFICA cannot be held responsible for any incident relating to charges or payments.

6.2.6 WITHDRAWAL

The client has the right to withdraw from its purchase within the legal period of 14 days, without having to state any reason or give any explanation in this regard and without incurring any penalty.

As provided in Ley 3/2014, de 27 de marzo (Law 3/2014 of 27 March), the client may not withdraw in the cases provided for in its article 103, in the following sections:

The right of withdrawal for this SaaS application ends at the moment it is downloaded, upon access to it by the client.

6.2.7 TECHNICAL SUPPORT

LÍNEA GRÁFICA has a technical incident support service by email: appsupport@lineagrafica.es

6.2.8 TERMINATION, SUSPENSION AND CANCELLATION OF THE SERVICE.

The service may be terminated for the general causes provided for by law for the termination of contracts.

Suspension, cancellation and termination shall not entitle clients who have engaged in the above conduct to any compensation or indemnity.

The client may cancel or suspend its service by following Shopify's cancellation or suspension policies in this regard

6.2.9 INTELLECTUAL PROPERTY.

6.2.10 DATA PROTECTION.

The client may consult our full data protection policy at https://www.lineagrafica.es/condiciones-generales/

6.2.11 AMENDMENT OF THESE CONDITIONS.

The changes shall not affect the billing cycle in which they are made. They shall enter into force and be binding on the client in the following billing cycle.

Notwithstanding the above, LÍNEA GRÁFICA may announce or give notice of changes to these conditions 30 days in advance, announcing the date on which the new conditions will enter into force.

Should the client fail to give notice of the cancellation or suspension of the service, it shall be deemed to agree with and accept the new conditions.

6.2.12 LIABILITY

LÍNEA GRÁFICA's obligation is limited to making the developed application available to the client in conditions suitable for use.

LÍNEA GRÁFICA shall not be liable for the use made of it by the client. The client assumes full responsibility for its use.

If the tool presents a failure, incident or defect, the client must notify LÍNEA GRÁFICA as soon as possible, and the latter shall be responsible for remedying it in the shortest possible time.

6.2.13 ALTERNATIVE ONLINE DISPUTE RESOLUTION

6.2.14 SUBMISSION OF ALTERNATIVE ONLINE DISPUTES

The client agrees to submit to the jurisdiction of the Courts and Tribunals of Seville for any actions and claims that may arise from this contract and in respect of which such submission is valid.

6.2.15 GENERAL CONDITIONS OF COMMON APPLICATION.

For matters not provided for in this section, the rest of the general conditions published on our website shall apply.

7. MODULEWHMCS AUTOMATIC SUPPORT SERVICE BY AI – ARTIFICIAL INTELLIGENCE AUTOMATIC SUPPORT SERVICE MODULE.

7.1. DESCRIPTION OF THE PURPOSE OF THE SERVICE .

This is a module for providing an automatic support service with AI-based management and responses.

The purpose of this module is to provide your WHMCS installation with a ticket help and response system based on Artificial Intelligence (AI). To this end, the latest stable version of OpenAI's GPT will be used (currently gpt-4-1106-preview) with the “Retrieval” and “Code interpreter” capabilities enabled. You can find more information about OpenAI's GPT assistants in its official documentation by visiting the following link:

https://platform.openai.com/docs/introduction

Using this module, you will be able to create an AI assistant for each of the departments configured in your WHMCS installation. You will be able to configure a custom generic prompt for each of them, in which specific instructions will be given on how it should interpret and respond in each case.

When a department's assistant is enabled, it will automatically send OpenAI a query with each ticket opened in that department, obtaining a response from its assistant. That response will be proposed within the ticket when a user opens it to reply. You may use that response or modify it as you wish before replying to the ticket.

Each assistant may be trained with custom files and with files from the department's own ticket history. Thanks to this training and to an appropriately written prompt, the assistant will provide highly qualified responses to the ticket.

You will also be able to schedule calendars for each assistant, so that during the stipulated days and hours the assistants will automatically reply to clients' tickets. The calendars can be configured to indicate which employee will reply, which statuses they will reply to, which statuses they will move the replied tickets to, and to add extra customisations to the prompts so that the assistants know, for example, that they are “on call”.

7.2. LICENCE

WHMCS Automatic Support Service by AI is a SaaS app, software whose support is hosted on the servers of LINEA GRÁFICA, which can be accessed via the Internet once the client's purchase process has been completed.

The conditions of use of this specific service are specified in these contracting conditions.

The provision of the contracted service to the client does not imply any assignment of intellectual property rights to the client in relation to the application.

7.3 “AS IT IS” WARRANTY.

The software is supplied and provided “as is and as presented”. There is no guarantee that the module's functionalities will meet the client's specific needs.

The above is without prejudice to the legal guarantee of conformity in clause 9 ter, which cannot be excluded when THE CLIENT is a consumer.

7.4. CONTRACTING THE MODULE.

To contract the application, the client must first register by following these steps on our website https://clientes.lineagrafica.es/index.php/store/whmcs-modules?language=english :

1.- Select the Plan you wish to contract and click on “Order now”

2.- Once you access the shopping cart, you must click on “Buy”

3.- In the following section, you must complete all the requested details, tick the required boxes, select a payment method and click on complete order.

4.- Once these steps have been completed and the payment has been validated by LÍNEA GRÁFICA, your order will be processed and you will receive an email with the order confirmation and instructions for its correct installation and configuration.

7.5. PRICES AND PAYMENT TERMS.

The prices shall be those published in our online store at the time of contracting. LÍNEA GRÁFICA reserves the right to modify prices in accordance with its own commercial policy, without prior notice, with the advance notice it deems appropriate. The client may suspend or cancel its service if it does not agree with such modification.

Payment for the service shall be made in monthly cycles and in advance. Once the payment has been received and verified, our system will generate and send an invoice for that service and period. The service is activated on the day of contracting. The billing cycle covering the service lasts 30 days.

The accepted payment methods are Bank Transfer, Bank Card, Paypal and any payment method that may be added without prior notice. LÍNEA GRÁFICA reserves the right to add or remove payment methods without prior notice, offering the possibility of using alternative payment methods,

The service has no minimum commitment period. The client may unsubscribe from the service at any time, always with a minimum period of notice prior to the expiry date of each billing cycle. Cancellation of the service shall take effect in the monthly billing cycle following that in which the cancellation is requested. The monthly billing cycle in which the cancellation of the service is requested shall be charged in full, regardless of the day on which the cancellation takes place.

Prior payment is an essential and indispensable requirement for access to the service, such that non-payment for the service shall entitle LINEA GRÁFICA to provisionally suspend access or to terminate the contract. LINEA GRÁFICA will inform the client of the non-payment through the client's contact email and, if payment is not made within 10 days, may definitively terminate the contract.

7.6. WITHDRAWAL

The client has the right to withdraw from its purchase within the legal period of 14 days, without having to state any reason or give any explanation in this regard and without incurring any penalty.

As provided in Ley 3/2014, de 27 de marzo (Law 3/2014 of 27 March), the client may not withdraw in the cases provided for in its article 103, in the following sections:

The right of withdrawal for this SaaS application ends at the moment it is downloaded, upon access to it by the client.

7.7. TECHNICAL SUPPORT

LÍNEA GRÁFICA has a technical incident support service through the support ticket system, available in the client area at clientes.lineagrafica.es

7.8. TERMINATION, SUSPENSION AND CANCELLATION OF THE SERVICE.

The service may be terminated for the general causes provided for by law for the termination of contracts.

Suspension, cancellation and termination shall not entitle clients who have engaged in the above conduct to any compensation or indemnity.

The client may cancel or suspend its service by giving a minimum of 1 day's prior written notice before the current billing cycle.

7.9. INTELLECTUAL PROPERTY.

7.10. DATA PROTECTION.

The client may consult our full data protection policy at https://www.lineagrafica.es/policies/terms-of-service

7.11. AMENDMENT OF THESE CONDITIONS.

The changes shall not affect the billing cycle in which they are made. They shall enter into force and be binding on the client in the following billing cycle.

Notwithstanding the above, LÍNEA GRÁFICA may announce or give notice of changes to these conditions 30 days in advance, announcing the date on which the new conditions will enter into force.

Should the client fail to give notice of the cancellation or suspension of the service, it shall be deemed to agree with and accept the new conditions.

7.12. LIABILITY

LÍNEA GRÁFICA's obligation is limited to making the developed application available to the client in conditions suitable for use.

LÍNEA GRÁFICA shall not be liable for the use made of it by the client. The client assumes full responsibility for its use.

If the tool presents a failure, incident or defect, the client must notify LÍNEA GRÁFICA as soon as possible, and the latter shall be responsible for remedying it in the shortest possible time.

Nor shall it accept any liability if Open AI makes changes to the API that affect its operation; if it makes changes to the core of its operation that affect the module; if it carries out updates that affect the correct operation of the module; or any other technical modification or alteration that WHMCS or OPEN AI carries out and that affects the correct operation of the module.

It shall be the sole responsibility of the client if its WHMCS is not correctly configured for the module to work properly; if it does not correctly configure the options offered by the module; if the client has made modifications to its WHMCS that may affect the correct operation of the MODULE; if it installs other modules that may conflict with the operation of the module in question; if the client uninstalls the module; or in any other case in which, through the actions of the client itself or of third parties it has subcontracted, such as third-party developers managing systems maintenance, modifications, updates or any intervention are made that may affect the correct operation of the module.

7.13. PRECAUTIONS, WARNINGS AND DISCLAIMER OF LIABILITY FOR THE GENERATION OF AI-BASED RESPONSES.

The use of this module involves the use of AI technology to generate qualified responses to the client's tickets, for which purpose the client is expressly warned of, and declares that it is aware of, the following warnings and precautions:

The responses provided by the assistants will depend to a large extent on the quality of the training received and on the prompt being used. The training and the way in which it is carried out are the responsibility of the client, following the instructions provided by LINEA GRÁFICA upon its acquisition.
Under no circumstances and in no situation shall LINEA GRAFICA, as the company that developed the module, be responsible for the responses generated by the assistants or for those situations in which no response is generated, regardless of the cause. Nor shall it be liable for any damages or losses that such responses or omissions of response may cause, since the responses or omissions will depend on the training carried out by the client.
Nor shall it be responsible for the use the client makes of the module.
LINEA GRÁFICA disclaims any incident or failure, damage or liability arising from the use of the OpenAI API. The work is carried out using, among other technologies, the OpenAI API. This API may at times be overloaded and slow to respond, or may even fail temporarily. Such situations are entirely beyond the control of LG, and under no circumstances shall it be responsible for them or for any losses that such malfunction may cause.
Both the assistants created and the training files used in an assistant can be viewed and managed from the client's OpenAI account. We recommend carrying out the training from the module, but it is also possible to train an assistant independently from the OpenAI account. It is, however, essential to create the assistant from the module so that it is linked to a department.

7.14. ALTERNATIVE ONLINE DISPUTE RESOLUTION

7.15. SUBMISSION OF ALTERNATIVE ONLINE DISPUTES

The client agrees to submit to the jurisdiction of the Courts and Tribunals of Seville for any actions and claims that may arise from this contract and in respect of which such submission is valid.

7.16. GENERAL CONDITIONS OF COMMON APPLICATION.

For matters not provided for in this section, the rest of the general conditions published on our website shall apply.

8. DOMAINS

8.1. Domain registration

Once the domain has been paid for, it is registered for the period 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 for in the following cases:

Payment by credit card: from the moment LINEAGRAFICA E.C.E. S.L. has confirmation from the bank authorised to collect credit card payments. The verification process will normally be automatic and immediate. In the event of an error on the part of the bank, LINEAGRAFICA E.C.E. S.L. declines all responsibility and the conditions for payment by transfer shall apply.

Payment by transfer: from the moment LINEA GRAFICA E.C.E. S.L. has confirmation from the bank authorised to collect payments by bank transfer. The verification process may take up to 1 week.
Payment by Paypal: from the moment LINEAGRAFICA E.C.E. S.L. has confirmation in the Paypal account enabled for this purpose. The verification process will normally be automatic and immediate. In the event of an error on the part of Paypal, LINEAGRAFICA E.C.E. S.L. declines all responsibility and the conditions for payment by transfer shall apply.

In any case, errors in the registration of the domain due to causes beyond the service it provides shall not be attributable to LINEAGRAFICA E.C.E. S.L. By way of example, some of the most common errors when registering and/or renewing a domain are listed below:

Error in the registration details

Error in the renewal date
Error in the renewal notices
Error in assuming that a domain paid for by transfer has been registered automatically (it will only be registered once payment for the domain has been confirmed by the administrative staff of LINEAGRAFICA E.C.E. S.L.)
Error due to a system failure or communication failure with the domain registrar agent.

8.2. Frequency of domain registration

Domains may be registered for a minimum of 1 year. In the case of domains with the .es extension, registration may only be for 1 year.

8.3. Conditions for domain registration

Only the following names may 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 not been notified to the Registry as “non-registrable” in accordance with the Public Policy Rules, unless otherwise stipulated therein.
c) It has not been applied for during the Phased 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 hyphen (“-”).
b) A maximum of 63 characters (not including the “.eu” suffix).
c) They do not begin or end with a hyphen (“-”).
d) They do not contain a hyphen (“-”) in the third and fourth positions.
e) They do not consist exclusively of a country code made up of two alphabetic characters, as established in the Public Policy Rules.

8.4. Obligations of the domain registration applicant

During the term, THE CLIENT assumes the obligations set out below:
To keep accurate, complete and up to date the contact information referred to in point 13 of this contract with LÍNEA GRÁFICA, E.C.E. S.L., with whom THE CLIENT has entered into an agreement.
In addition, THE CLIENT represents and warrants that any email address communicated to the Registry is an active address.
To use the domain name in such a way that it does not violate the rights of third parties or the applicable laws or regulations, including discrimination on the grounds of race, language, sex, religion or political opinion.
Not to use the domain name in bad faith or for unlawful purposes.
THE CLIENT is obliged to notify LÍNEA GRÁFICA, E.C.E. S.L. if it detects that its domain has not been registered correctly.

8.5. Whois

For the purposes of articles 11 and 34.e) of the LOPD (Spanish Data Protection Act), THE CLIENT accepts and authorises LÍNEA GRÁFICA, E.C.E. S.L. to communicate to the relevant Registry Entities and to ICANN the data entered as mandatory that are necessary for the registration and maintenance of the domain name in the relevant registry, and for their inclusion in the Directories that each of them manages, as well as for such data to be included in the Directory of LÍNEA GRÁFICA, E.C.E. S.L. and made available to the public through the “Whois” system.

THE CLIENT, and where applicable whoever acts on its behalf as technical, administrative and/or billing contact, consents to its personal data being disclosed to the aforementioned entities and to such other participants in the registration process as may collaborate with LÍNEA GRÁFICA, E.C.E. S.L. and/or with said entities.

THE CLIENT states that it has the consent of the persons designated as technical, administrative and/or billing contact for the purposes provided for in the preceding paragraph.

To this end, we inform you that the data and information of the Applicant and/or of its representatives, where applicable, which will be transmitted to the Registry Entities and included in the publicly available directories, shall cover the following:

Full name, address, email address, telephone number and, where applicable, fax numbers of the applicant.
Name of an authorised contact person if THE CLIENT is a legal entity or administrative body and, where applicable, of the contact person responsible for administrative and/or billing tasks.
IP addresses of the primary server and secondary servers.
Any additional reference relating to the domain name that should appear in the Whois database.

8.6. Identity Protection – ID Protect

LÍNEA GRÁFICA, E.C.E. S.L. does not currently offer the possibility of protecting the personal data shown in the Whois of a domain.

8.7. Domain renewal

The final deadline for renewing the domain shall be the day immediately before the registration date, since on the expiry date itself the domain would already have expired. Whatever the renewal date, that date shall always be the same as that of the initial registration.

LÍNEA GRÁFICA, E.C.E. S.L. has an automated system through which THE CLIENT will receive several email reminders before the domain renewal date:

1. First reminder 30 days before the due date for payment of the domain.

2. Second reminder 15 days before the due date for payment of the domain.

3. Third reminder 7 days before the due date for payment of the domain. This reminder notifies the client of the creation of the payment slip so that it can carry out the renewal.
Failure to receive a reminder regarding the renewal of a domain is not grounds for any claim. THE CLIENT has the option of not renewing the domain, cancelling it at no additional cost or simply letting it expire by itself. THE CLIENT is fully responsible for the renewal or expiry of the domains contracted with LINEA GRAFICA, E.C.E. S.L.

Notifications and reminders will be sent by email to the details provided by THE CLIENT. LÍNEA GRÁFICA, E.C.E. S.L. shall not be responsible for the non-receipt of these notifications. THE CLIENT is responsible for informing LÍNEA GRÁFICA, E.C.E. S.L. of any change to its details.

8.8. Expired domain

When a domain is not renewed before the expiry date, it enters «Expired» mode.
If THE CLIENT wishes to renew a domain that is in «Expired» mode, it must pay the restoration fee imposed by the registrar to which the domain corresponds, as well as 20€ for administrative handling (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 for renewing a domain in this status. A restoration may take between 24h and 48h to complete. Restoration fees vary depending on the registrar and may range from 0€ to 400€.

We cannot guarantee the renewal of a domain that has already expired, since that possibility, and the limit of days to do so where applicable, depend on the regulations of each TLD.

8.9. Domain transfers

THE CLIENT shall be entitled to transfer a domain name when all of the following conditions are met in full:

The transferee has confirmed that it meets the General Eligibility Criteria; and
the Registry has received all the fees corresponding to such transfer through the Registrar designated by the transferee.

A domain name that has been suspended or blocked may not be transferred except:
by means of a decision adopted by (a) a Panel of Experts in an Alternative Dispute Resolution Procedure, or (b) a court of a member state; or
upon the Registry's receipt of the corresponding fees in this regard, where the Domain Name has been suspended in accordance with section 9.

A domain name may be transferred during the Term to the legal heirs of the Registrant (following their death) or to the purchaser of the Registrant's assets.

Once the transfer of a Domain Name has been carried out in accordance with the above provisions, the Domain Name shall be registered in the name of the transferee for a new Term of one year, commencing on the date of the transfer of the Domain Name.

Upon completion of a domain transfer, and for reasons beyond the control of LÍNEA GRÁFICA, E.C.E. S.L., or any incidents occurring during the transfer, it is THE CLIENT's responsibility to check the contact details attached to the domain and that they are correct. If they are not, it must contact our Domains Department to request their modification.

A domain transfer may take a minimum of 5 working days from the time THE CLIENT confirms the transfer.

8.9.1. Transferring .com, .net, .org domains

Conditions the domain must meet in order to be transferred:

It must be in ACTIVE or OK status. Otherwise, THE CLIENT must contact the current registrar to change the status.
Before starting the transfer process, THE CLIENT must verify that the email address shown in the Whois as administrative contact is active. Otherwise, it will not be possible to complete the transfer, as an authorisation reply by email is required.
It is not advisable to carry out the transfer less than 10 days before expiry. If the domain is in that situation, the best option is to renew the domain with the current registrar before transferring it to LÍNEA GRÁFICA, E.C.E. S.L..
THE CLIENT must request the “AUTH CODE” or “AUTH INFO” (registry authorisation code) from the current registrar. This code will be required in the form to start the transfer process.

Once the domain transfer has been completed, the Domains Department of LÍNEA GRÁFICA, E.C.E. S.L. will send an email to THE CLIENT notifying it accordingly. THE CLIENT must update the domain's DNS so that it points to LÍNEA GRÁFICA, E.C.E. S.L..

8.9.2. Transferring .es domains

The conditions are the same as for the domain transfers mentioned in the preceding paragraph number 8.9.1, 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 for .es domains).

When a transfer is initiated from LÍNEA GRÁFICA, E.C.E. S.L., nic.es will send you an email giving you a series of instructions. In most cases, we do not know these details.

Transfers of .es domains have a handling fee of 5€, VAT not included, and the domain is not renewed automatically. You must renew the domain before its expiry date. If the domain expires within a short period of time, we recommend that you renew it first with the company where the domain is registered in order to avoid problems should the transfer take longer than expected to complete. LÍNEA GRÁFICA, E.C.E. S.L. shall not be held responsible if the domain expires because it was not renewed in time.

8.9.3. Change of domain contact details

THE CLIENT may modify the domain contact details at any time. To do so, it simply needs to go to the Client Area of LÍNEA GRÁFICA, E.C.E. S.L., click on “My domains”, “Details”, “Contact information”, modify and save.

8.9.4. Failures in the domain registration system

LÍNEA GRÁFICA, E.C.E. S.L. shall not be responsible for failures that may occur in the domain registration system or for the consequences that may arise as a result of such 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 its domain provider, the domain has not been registered correctly, the domain shall remain free for registration.

LÍNEA GRÁFICA, E.C.E. S.L. shall not be liable for damages caused if, after a failure in the registration system, the domain is registered by another domain provider. THE CLIENT is obliged to confirm the registration of its domain in a WHOIS.

THE CLIENT is obliged to notify LÍNEA GRÁFICA, E.C.E. S.L. if it detects that its domain has not been registered correctly. LÍNEA GRÁFICA, E.C.E. S.L. will do everything possible in good faith to try to register the domain again in the event of a failure, but does not guarantee that the domain will be free when it tries to do so. The secondary registration attempt shall be considered a new registration, unrelated to the failure that occurred the first time, and must be treated as a new registration with all its consequences.

8.10. RENEWAL DATE OF A SERVICE OTHER THAN A DOMAIN

When THE CLIENT places an order, the date of that very moment is recorded, and that will be the date the system uses to carry out the relevant renewals of the service.

THE CLIENT pays after the day of the order, it must bear in mind that this date will not be changed.

In other words, the renewal date is NOT the day of payment but the day of the initial order.

9. 15-DAY SATISFACTION GUARANTEE

THE CLIENT has a satisfaction period of 15 days from the moment it places the order. If THE CLIENT is not satisfied with our service, LÍNEA GRÁFICA, E.C.E. S.L. undertakes to refund the full amount paid.

This guarantee does not include commission costs depending on the payment method, the registration of domains, if any, or any other expense arising from the purchase.

In the event that the service acquired from LÍNEA GRÁFICA, E.C.E. S.L. does not comply with the points of this contract, NO refund of any kind shall be made, even if it is within the trial period.

The satisfaction guarantee shall not apply to those products or services that have previously been tried free of charge during the trial period.

There are products or services that do not have a satisfaction guarantee; the specific list is detailed in point 11.3 of this contract.

The satisfaction guarantee does not apply to modules, software or the rest of the downloadable digital content once their download or access has begun (see clause 9 bis).

This satisfaction guarantee is commercial and voluntary. It does not replace or limit the legal guarantee of conformity in clause 9 ter.

9 BIS. DIGITAL CONTENT: DELIVERY AND EXCLUSION OF THE RIGHT OF WITHDRAWAL

Delivery of the modules and of the digital content

PrestaShop modules and the rest of the downloadable software are purchased in the client area of LÍNEA GRÁFICA, E.C.E. S.L. (https://clientes.lineagrafica.es). The order is activated automatically as soon as payment is confirmed. At that moment THE CLIENT receives an email with the download instructions, and the module becomes available for download in its client area, under “My Products & Services”, within the purchased product, in the “Downloads” tab. No physical media is sent.

Modules purchased on PrestaShop Addons are downloaded from the PrestaShop Addons platform itself.

Right of Withdrawal and Exclusion for Digital Content

In accordance with article 103.m) of Real Decreto Legislativo 1/2007, de 16 de noviembre, por el que se aprueba el texto refundido de la Ley General para la Defensa de los Consumidores y Usuarios (Royal Legislative Decree 1/2007 of 16 November approving the consolidated text of the General Law for the Protection of Consumers and Users), the right of withdrawal shall not apply to the purchase of software modules downloadable from LineaGráfica.es, as they are digital content not supplied on a tangible medium.

Therefore, the client may not request the return or refund of the amount paid once the download of, or access to, the digital content acquired has begun. By completing the purchase, the user:

1. Expressly acknowledges that the content acquired is a digital product without a physical medium and that, consequently, they lose their right of withdrawal from the moment the download or installation begins.

2. Accepts and consents to the immediate performance of the digital product after the purchase.

3. Declares that they have been informed that, by giving their express consent, they waive the right of withdrawal in accordance with the provisions of consumer and user regulations.

This clause applies to all modules and software marketed on LineaGráfica.es and is binding on any user who acquires these products.

In the event of technical problems or errors in the module purchased, the user must contact our technical support service by opening a ticket from their client area (https://clientes.lineagrafica.es) with the module selected or, if the module was purchased on PrestaShop Addons, from the Addons platform itself. The issue will be assessed there and an appropriate solution will be provided in accordance with our legal and commercial guarantees.

The exclusion of the right of withdrawal does not affect the legal guarantee of conformity (clause 9 ter).

9 TER. LEGAL GUARANTEE OF CONFORMITY

If THE CLIENT is a consumer, LÍNEA GRÁFICA, E.C.E. S.L. is liable for any lack of conformity of the modules, apps, software, digital content and digital services it supplies, in accordance with articles 114 et seq. of Royal Legislative Decree 1/2007 (Spanish Consumer Protection Act). This guarantee is free of charge, cannot be excluded or limited, and applies in addition to the satisfaction guarantee in clause 9 and to technical support.

Periods

Modules, software and digital content supplied in a single act (for example, downloading a module): we are liable for any lack of conformity that becomes apparent within 2 years of delivery. If it becomes apparent during the first year, it is presumed to have existed at the time of delivery.
Services and content supplied continuously (SaaS apps, subscriptions, hosting and servers): we are liable for any lack of conformity that becomes apparent during the term of the contract. In that case, it is up to us to prove that the service was in conformity.
We also provide the updates, including security updates, needed to keep the product in conformity during those periods.

What THE CLIENT can request

1. To have the product brought into conformity (fix or update), free of charge and within a reasonable time.

2. If that is not possible, is not done within a reasonable time, the defect persists or is serious: a proportionate price reduction or termination of the contract with a refund of the amount paid. Termination is not available if the lack of conformity is minor.

The refund will be made no later than 14 days after we accept the claim, using the same means of payment.

How to claim

Open a ticket from the client area (https://clientes.lineagrafica.es) with the product selected, or write to administracion@lineagrafica.es, describing the fault. If the module was bought on PrestaShop Addons, the guarantee is handled through Addons. The right to claim expires 5 years after the lack of conformity becomes apparent.

If THE CLIENT is not a consumer (businesses and professionals buying for their activity), the rules of the Spanish Civil Code and Commercial Code apply.

10. TRIAL PERIOD

LÍNEA GRÁFICA, E.C.E. S.L. offers the possibility of trying a series of products free of charge, categorised as “Free offers”. These products are displayed on the website and each one contains its own offer.

The trial period shall last for the time detailed in each offer from the moment the order is placed.

These offers may not be combined for the same product; only one offer is permitted for each product offered.

Once the offer has been completed, the product shall not have a satisfaction guarantee, since it is understood that the period offered provides a prudent and sufficient margin to try the product.

11. REFUNDS

11.1. Refund of the registration or renewal of a domain

Due to the international domain registration system itself, domains cannot be cancelled. Once registered or renewed, they are maintained for one year, or for the period requested. We cannot accept refunds.

For this reason, too, if the payment is returned and LÍNEA GRÁFICA, E.C.E. S.L. ultimately does not receive the funds, the domain shall automatically become the property of LÍNEA GRÁFICA, E.C.E. S.L.. Should any fraud in the payment be detected, the domain shall also become the property of LÍNEA GRÁFICA, E.C.E. S.L., and legal proceedings would also be brought against the fraudster.

11.2. Hosting refunds

Some products have a 15-day satisfaction guarantee period (see point 9) and other products have a free trial period. If, after that period, THE CLIENT makes any complaint, LÍNEA GRÁFICA, E.C.E. S.L. will offer THE CLIENT a satisfactory solution by mutual agreement. In that case, only Hosting cancellations attributable to problems with our service shall be accepted.

11.3. Summary of refunds for services in general

Below is a list of the products that have NO money-back option and NO satisfaction guarantee period:

SSL Security Certificates

Domain registration, renewal and/or transfers
Video tutorials
SMS sending
Voice-overs
Monitoring and SMS alert services
Centovacast licences
Web and search engine positioning
Design and development of websites, online shops, web portals, etc.
Modules, software and other downloadable digital content, once the download or access has begun (clause 9 bis)

Below is a list of the products that have NO money-back option after the satisfaction guarantee period:

Hosting

Radio Stations
Dedicated Servers
VPS Virtual Servers
Streaming Servers
Game Servers
Radio Station Resellers
Hosting Resellers
Backup Service

11.4. Money refund process

If the conditions for refunding a product or service are met, LÍNEA GRÁFICA, E.C.E. S.L. will reimburse the corresponding amount in the same way in which THE CLIENT made the payment. If THE CLIENT so requests, the money may be refunded as credit in its favour for making new purchases.

LÍNEA GRÁFICA, E.C.E. S.L. will not make refunds by bank transfer to banks outside Spain unless THE CLIENT bears in full the commissions this entails.

LÍNEA GRÁFICA, E.C.E. S.L. will refund the money within a period of 1 to 30 days from the issue of the refund invoice.

11.5. My Backup Service

The My Backup service is a service consisting of the installation and licence of backup management software called JetBackup, which is installed in the client's hosting panel. and storage space in two datacenters, each in a different country. The size of the space will depend on the plan in force at the time the client contracts.

The price of the service is divided into set-up fee + plan to be contracted, the contracting and set-up prices being those published and in force at the time of contracting.

The My Backup service consists of offering the client a backup control and management tool as well as space available in two different datacenters. Therefore, it shall be the client's responsibility to have the backups scheduled and configured in said spaces, as well as to make proper use of the tool and of its possible configurations that allow data to be recovered.

Likewise, LÍNEA GRÁFICA, E.C.E. S.L shall not be responsible for the use of the tool or for the scheduled configurations the client may set up .

12. CANCELLATIONS

THE CLIENT may cancel the contracted service or services. Cancellation must be requested from the Client Area and must be made for each service. Once it has been sent, the administration department will check that everything is in order and will proceed to terminate the requested service.

Such cancellation entails the deletion of all data stored in the space contracted by THE CLIENT.

Should THE CLIENT request cancellation before the end of the contracted period, it shall not be entitled to claim the money corresponding to the time during which it has not used the service or product.

13. CLIENT DATA

The required data, entered when registering as a client, must contain truthful and up-to-date information about THE CLIENT. LÍNEA GRÁFICA, E.C.E. S.L. reserves the right to verify that the data are true; otherwise, THE CLIENT will be required to provide us with the correct data immediately.

Any anomaly arising from THE CLIENT's data being incorrect shall not be the responsibility of LÍNEA GRÁFICA, E.C.E. S.L..

Any change or modification of the registered office, financial details, account details, etc. must be updated by accessing the MY DETAILS section from the client area, so that it can be corrected in our database.

Not all data can 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 by email to administracion@lineagrafica.es.

13.1. 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.

The ownership of an account may be changed at any time. To do so, THE CLIENT must request it from the Administration Department and complete the request form that will be sent to it. This request must be completed and signed by the current holder and by the new holder, accompanied by the identification documents listed in the request itself (DNI (national identity card) or passport in the case of natural persons or individuals; CIF (tax identification number) and the director's DNI in the case of companies)

The first change of ownership is completely free of charge; subsequent changes shall cost 15€ (VAT not included) per change.

The process we follow for this type of change can be summarised as follows:

The new holder 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

Once the new holder is registered as a client and the request has been received, LÍNEA GRÁFICA, E.C.E. S.L. will transfer those products or services for which the change of ownership has been requested. In this way, the new holder would have the services in its account and the former holder would have an empty account, containing only the invoices issued up to that time.

From that moment on, the new holder shall be the full administrator of the products or services assigned by the former holder.

13.2. Change of ownership of the Web Hosting account to another existing client

The steps to follow shall be the same as those set out in the previous section (13.1.), except that the new holder will not need to register as a new client, since it already is one.

14. PROPERTY RIGHTS

14.1. THE CLIENT warrants that it is the owner of the information it stores on the servers of LÍNEA GRÁFICA, E.C.E. S.L. or that, in any case, it holds the corresponding authorisation to disclose such information via the Internet.
14.2. For the purpose of guaranteeing the purposes of this contract, THE CLIENT authorises 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.

14.3. THE CLIENT is solely responsible for the content broadcast from our Hosting servers and Radio station servers. THE CLIENT must ensure that it complies with all the rules and requirements imposed by the SGAE in order to broadcast music from its radio station.

14.4. THE CLIENT needs to hold a licence from the Sociedad General de Autores y Editores (SGAE, the Spanish Society of Authors and Publishers) in order to play, store or use music on its website, radio station or contracted FTP space. For more information, visit the following link:
http://www.sgae.es/tipology/est/item/es/1026_73.html

15. DATA PROTECTION POLICY / DATA ACCESS

Access by LÍNEA GRÁFICA, E.C.E. S.L. to the data owned by THE CLIENT shall not be considered a communication of data since, as provided in art. 12.1 of L.O. 15/1999 (Organic Law 15/1999), said Controller makes available to LÍNEA GRÁFICA, E.C.E. S.L. the file or files containing the data necessary for the latter to perform 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 legalised and legitimised, in compliance with the security measures provided for in art. 9 of L.O. 15/1999, of 13 December, and it shall 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 shall be carried out solely and exclusively for the purpose of enabling said Processor to provide THE CLIENT with the services mentioned in this contract, and it shall process them in accordance with THE CLIENT's instructions, and may not apply or use them for any other purpose.

Should LÍNEA GRÁFICA, E.C.E. S.L. use the data for another purpose, communicate them or use them in breach of the stipulations of this contract, it shall also be considered controller of the file, and shall be liable for the infringements it has committed.

LÍNEA GRÁFICA, E.C.E. S.L., in accordance with art. 10 of L.O. 15/1999, undertakes to maintain professional secrecy indefinitely with respect to the personal data access to which is regulated by this contract, undertaking not to communicate them to third parties, not even for their storage, except where this is necessary in order to fulfil the obligations arising from the provision of the Services or those imposed by mandatory laws or regulations.

Once the contractual service has been performed, the personal data must be destroyed or returned to the CLIENT or to the new service provider designated by the latter, as must any medium or document containing any personal data subject to the processing. The data shall not be destroyed where there is a legal provision requiring their retention; likewise, it may retain the data, duly blocked, for as long as liabilities may arise from the relationship between LÍNEA GRÁFICA, E.C.E. S.L. and THE CLIENT. The data shall not be destroyed where there is a legal provision requiring their retention; likewise, it may retain the data, duly blocked, for as long as liabilities may arise from the relationship between LÍNEA GRÁFICA SL and THE CLIENT.

If, in order to provide the agreed services, LÍNEA GRÁFICA, E.C.E. S.L. needs to subcontract, in whole or in part, the service described in this contract, THE CLIENT shall be informed in this same space. Likewise, it must be informed of the identity of the subcontracted company, with which the corresponding contract on the protection of personal data shall be signed (art. 12 L.O. 15/1999).

In compliance with art. 12.2, second paragraph, of L.O. 15/1999, LÍNEA GRÁFICA, E.C.E. S.L. has implemented, as provided for in R.D. 1720/2007 (Royal Decree 1720/2007), Basic Level security measures, and shall adopt those determined by regulation, in order to guarantee the security and integrity of personal data and prevent their alteration, loss, unauthorised processing or access, taking into account the state of technology, the nature of the data stored and the risks to which they are exposed, whether arising from human action or from the physical or natural environment. In order to ensure compliance with the above, THE CLIENT may request from LÍNEA GRÁFICA, E.C.E. S.L., at any time, all the documentation evidencing such compliance.

Housing services are currently subcontracted to the companies OVH and Hetzner.

16. CONFIDENTIALITY

16.1. THE CLIENT acknowledges that, by virtue of its contractual relationship with LÍNEA GRÁFICA, E.C.E. S.L., it may have access to Information and materials relating to business plans, client lists, technology or marketing strategies of great value to LÍNEA GRÁFICA, E.C.E. S.L. which must not fall into the hands of third parties.

THE CLIENT undertakes not to use this information for its own benefit or for the benefit of third parties not authorised by LÍNEA GRÁFICA, E.C.E. S.L..

THE CLIENT likewise undertakes to take the necessary measures to prevent this information from falling into the hands of third parties.

THE CLIENT likewise undertakes to return or destroy these materials once its contractual relationship with LÍNEA GRÁFICA, E.C.E. S.L. has ended. LÍNEA GRÁFICA, E.C.E. S.L. reserves the right to hold THE CLIENT liable for damages in the event of breach.

17. PRICE AND METHOD OF PAYMENT

Prices

The rates for the hosting services offered by LÍNEA GRÁFICA, E.C.E. S.L. are those specified on the following website: http://www.lineagrafica.es
The prices shown on the website do not include VAT (I.V.A.).

LÍNEA GRÁFICA, E.C.E. S.L. reserves the right to vary the features and prices of each service, and will notify THE CLIENT of such modifications at least 10 days in advance, prior to the renewal of the contract.

Methods of payment

THE CLIENT must pay the stipulated price in advance by any of the following methods of payment:
Direct debit. Only for certain services such as: dedicated servers, virtual servers, web positioning; once THE CLIENT has returned the corresponding signed Authorisation Form.

Transfer or deposit into the account of LÍNEA GRÁFICA, E.C.E. S.L., which will be provided to THE CLIENT when it places the order,.

Visa or Mastercard credit card.

Paypal.

The method of payment is chosen by THE CLIENT when completing the purchase request. Payments shall always be made in Euros.

Direct Debit

Direct debit is the automatic collection of bills directly from THE CLIENT's bank account.

The account is debited between the 1st and the 10th of each month.

International bank transfers

THE CLIENT may make payments by bank transfer from outside Spain. In this case, THE CLIENT must bear any commission this entails. Otherwise, we would not consider the transfer valid and it would have to pay the corresponding commission that it did not pay initially.

THE CLIENT must request the details necessary for sending this type of transfer from the Administration Department.

LÍNEA GRÁFICA, E.C.E. S.L. may apply a price increase depending on the method of payment selected by the client. The client will always be informed of this increase before the payment is made, and it will be shown on the invoice.

18. VAT

LÍNEA GRÁFICA, E.C.E. S.L., the service provider, is established in Spain and provides the service from the seat of that establishment. Accordingly, it taxes the services provided electronically as follows:

It shall apply the general VAT taxation regime
if the recipient of the service provided electronically is:

b-I) – the seat, permanent establishment or domicile of a trader or professional established in the Spanish territory where the Tax applies (Mainland and Balearic Islands).
The place of supply of these services is the Spanish territory where the Tax applies (article 70.Uno.4°. A) a) Ley 37/1992 (Law 37/1992)
LÍNEA GRÁFICA, E.C.E. S.L. will charge VAT to the recipient by applying the general rate of the Tax in Spain, 21 per cent
b-II) – A TRADER OR PROFESSIONAL established in a Member State of the European Union other than Spain:
The place of supply 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. will NOT charge Spanish VAT
b-III) A TRADER OR PROFESSIONAL established outside the European Union (except the Canary Islands, Ceuta and Melilla)
The place of supply of these services is the State of the recipient LÍNEA GRÁFICA, E.C.E. S.L. will NOT charge VAT.
HOWEVER, if the effective use or enjoyment of these services takes place in Spain (Mainland and Balearic Islands): the place of supply is the Spanish territory where the Tax applies
LÍNEA GRÁFICA, E.C.E. S.L. MUST charge VAT by applying the general rate, 21 per cent (article 70.Dos Ley 37/1992, article 9.3 Sixth Directive)
b-IV) A TRADER OR PROFESSIONAL established in the Canary Islands, Ceuta or Melilla:
The place of supply is NEVER the Spanish territory where the Tax applies. The transaction shall be taxed in the territory of the recipient (the Canary Islands, Ceuta or Melilla, which are not territories where VAT applies).
LÍNEA GRÁFICA, E.C.E. S.L. will NOT charge VAT.
b-V) AN INDIVIDUAL (neither a trader nor a professional) established or domiciled in Spain (Mainland and Balearic Islands) or in another State of the European Union:
The place of supply of these services is the Spanish territory where the Tax applies (article 70.Uno.4° A) b) Ley 37/1992).
LÍNEA GRÁFICA, E.C.E. S.L. will charge VAT to the recipient by applying the general rate of the Tax in Spain, 21 per cent
b-VI) AN INDIVIDUAL established outside the Community:
The place of supply of these services is the State of the recipient.
LÍNEA GRÁFICA, E.C.E. S.L. will NOT charge VAT under any circumstances

19. INVOICING

LÍNEA GRÁFICA, E.C.E. S.L. processes its invoices in electronic format, and these have the same legal validity as invoices issued on paper. Our invoices comply with the rules stipulated in article 6 of RD 1496/2003 (Royal Decree 1496/2003).
Initially, delivery notes (pro forma invoices) are created which, once paid, are converted into official invoices. The system generates a delivery note for each purchase made. LÍNEA GRÁFICA, E.C.E. S.L. does not offer the option of grouping several charges into a single invoice, unless several services have the same request or renewal date.
THE CLIENT may pay the delivery notes by accessing the DELIVERY NOTES/INVOICES section from the Client Area. This section shows a history of all invoices, which can be downloaded and printed.
LÍNEA GRÁFICA, E.C.E. S.L. will not send invoices to clients by post unless THE CLIENT requests it for a specific and justified reason.
19.1. Invoicing to third parties
LÍNEA GRÁFICA, E.C.E. S.L. does not invoice third parties. Our company will invoice directly using the billing details shown in THE CLIENT's account, and the latter will have to issue an invoice to a third party on its own account, independently of us.

20. NON-PAYMENT

THE CLIENT must pay the total amount of its services or products in advance. Our services will not be provided until this requirement is met.
If for any reason there are unpaid amounts in THE CLIENT's account, LÍNEA GRÁFICA, E.C.E. S.L. will notify it of such negative credits, which must be settled within the period indicated to it. THE CLIENT may not cancel its services until it has settled the debt.
All delivery notes have their own due date. Invoices are created one week before the renewal (due) date so that THE CLIENT can pay them on time.
In the case of domain renewals, the renewal date cannot be exceeded; if payment is made one day late, the domain will have expired.
Once the due date has passed, the system will automatically suspend THE CLIENT's product. In order to reactivate it, THE CLIENT will have to make sure that its product still exists and has not been deleted in its entirety, by contacting the sales department of LÍNEA GRÁFICA, E.C.E. S.L. for information in this regard.
LÍNEA GRÁFICA, E.C.E. S.L. reserves the full right to delete THE CLIENT's account completely once the due date has passed, without any liability whatsoever in this regard.

21. CREDIT SYSTEM

LÍNEA GRÁFICA, E.C.E. S.L. has a credit system through which THE CLIENT can add money to its account and always have money available. The minimum deposit is 5€ and the maximum 500€, each time it is requested.
Once the invoice generated when requesting «Add funds» from the client area has been paid, THE CLIENT will have the money available in its account immediately. Any invoice generated from that moment on will be charged automatically to those funds.
In the account statistics, THE CLIENT will be able to see at all times the amount available in its credit/funds, specifically in the «Credit Balance». IF this box appears in red and negative, it must settle that amount within a maximum period of 5 days, unless it pays by direct debit (See the legal terms of direct debits).
THE CLIENT must be careful with those services it does not wish to renew, since if an invoice is generated, it would be paid automatically if there are funds in its favour, and the service would therefore be renewed, with no possibility of a refund in the case of domains. THE CLIENT can avoid this situation by cancelling the products at least 31 days before the renewal date.
The money THE CLIENT has in its favour in its account shall have no time limit for use; no minimum or maximum period is established for it to be used.
In the event of cancellation of the service or product contracted by THE CLIENT due to breach of this contract, THE CLIENT shall lose all rights over its credit balance.

22. AFFILIATE SYSTEM

LÍNEA GRÁFICA, E.C.E. S.L. only pays commissions on purchases made using the affiliate code.
LÍNEA GRÁFICA, E.C.E. S.L. offers an initial credit of 5€ upon signing up as an affiliate.
The earnings from each purchase will become effective 45 days after the date of purchase of the product. In this way, if there is any refund of that product, the earnings shall be void.
22.4 THE CLIENT has the right to claim its earnings only after exceeding the minimum in force at that time. The minimum is currently 25€. To do so, THE CLIENT must access the client area, go to the affiliates section and click on the corresponding button to request the money. That money is paid in the form of credit in the client account. The credit has no expiry date and may be used whenever desired. Likewise, THE CLIENT may request that its affiliate earnings be Paid into its paypal account or directly into its bank account.
Should there be a bank commission for making the payment, it will be deducted from the total of the CLIENT's commission
22.5. LÍNEA GRÁFICA, E.C.E. S.L. will not pay commissions on domain purchases.

23. EXCEEDING THE DATA TRANSFER LIMIT

If the data transfer reaches the amount contracted in the corresponding plan, LÍNEA GRÁFICA, E.C.E. S.L. will suspend the account, unless THE CLIENT contracts a higher plan. The account will be reactivated at the beginning of the following month.
For streaming servers in general, should the monthly transfer quota be exceeded, the excess portion will be invoiced separately. The amount to be charged is stipulated by the data centre where the server is hosted.

24. STREAMING RADIO – Internet radio broadcasting

Live broadcasting over the Internet is entirely legal provided that due Copyright authorisation is held for the phonographic material transmitted over the Internet.
In Spain, Copyright is protected and managed by the SGAE. Broadcasting over the Internet REQUIRES due authorisation and a licence from the SGAE.
The SGAE has established that, in order to broadcast over the Internet phonographic content protected by its copyright, it is necessary to hold its licence and pay the corresponding fees.
In any case, when contracting a radio station with LÍNEA GRÁFICA, E.C.E. S.L., we will not ask whether or not THE CLIENT has authorisation from the SGAE or any other copyright management body. This matter is not within our competence and is entirely the responsibility of THE CLIENT.

25. ONE-OFF PROMOTIONS

LÍNEA GRÁFICA, E.C.E. S.L. offers one-off offers and promotions throughout the year. Each promotion has 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, it shall lose the benefits of that promotion and must pay the corresponding rate of which LÍNEA GRÁFICA, E.C.E. S.L. informs it.

26. PRICE CHANGES

The prices of all products are normally changed every year. However, LÍNEA GRÁFICA, E.C.E. S.L. maintains and respects the initial price at which THE CLIENT contracted the service.

27. DISCOUNTS

LÍNEA GRÁFICA, E.C.E. S.L. reserves the right to apply discounts on its products or services through promotions and offers.

28. RELATIONS AND NOTIFICATIONS BETWEEN THE PARTIES.

28.1. The relationship between the parties is that of a client and a service provider.
28.2. THE CLIENT shall have no right to bind LÍNEA GRÁFICA, E.C.E. S.L. vis-à-vis third parties without the express consent of LÍNEA GRÁFICA, E.C.E. S.L..
28.3. Unless procedural legislation requires otherwise, the parties agree to communicate by email or by post, using the most up-to-date addresses in their possession. The parties shall be obliged to keep proof of having made the notifications to the other party.

29. CIVIL LIABILITY

THE CLIENT releases LÍNEA GRÁFICA, E.C.E. S.L. from any liability relating 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 liable for any claim or legal action, whether judicial or extrajudicial, brought by third parties against either THE CLIENT or LÍNEA GRÁFICA, E.C.E. S.L. and based on the content of such information, THE CLIENT assuming all expenses, costs and compensation incurred by LÍNEA GRÁFICA, E.C.E. S.L. as a result of such claims or legal actions.

Any user who places 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, shall not, by virtue of such act, become a partner or collaborator of LÍNEA GRÁFICA, E.C.E. S.L. , but shall be an Independent disseminator or publisher of content. By connecting a server to the network, LÍNEA GRÁFICA, E.C.E. S.L. does not become a publisher or distributor of the information placed by users on the servers of LÍNEA GRÁFICA, E.C.E. S.L. and, therefore, LÍNEA GRÁFICA, E.C.E. S.L. accepts no liability whatsoever for any harm that such content may cause to other users. THE CLIENT acknowledges that the information it can access through the access service is the responsibility of whoever produces it. Consequently, LÍNEA GRÁFICA, E.C.E. S.L. shall in no case and under no circumstances be liable for the content of the information of third parties which THE CLIENT may access, or for any harm THE CLIENT may suffer by virtue of such third-party Information, Irrespective of whether access to such information is made through links, direct or consecutive, originating on the web pages of LÍNEA GRÁFICA, E.C.E. S.L.. The following, among others, are also considered resources beyond the control of LÍNEA GRÁFICA, E.C.E. S.L.: users' programs, texts and data; unmoderated newsgroups on the server itself; newsgroups on other servers; chats; distribution lists; FTP and Telnet accounts.
In order to prevent infringements for which LÍNEA GRÁFICA, E.C.E. S.L. could be declared vicariously (subsidiarily) liable under civil law, THE CLIENT expressly authorises LÍNEA GRÁFICA, E.C.E. S.L. to carry out the control measures necessary to verify the lawfulness of the information placed on the server under its administration. THE CLIENT also authorises LÍNEA GRÁFICA, E.C.E. S.L. to provide the data requested from it by the State security forces by court 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 of performance of its contractual obligations, but cannot guarantee, explicitly or Implicitly, the continuity of the service at any given time, or the integrity of the Information stored or transferred through its system or through the Internet. Nor is LÍNEA GRÁFICA, E.C.E. S.L. responsible for unauthorised access by third parties to CLIENTS' information stored in the system, or for its loss or corruption.
LÍNEA GRÁFICA, E.C.E. S.L. shall not be liable to THE CLIENT, or to the latter's clients, for any damage arising from these cases, including: total or partial loss of information, inability to access the Internet, or Inability to transmit or receive Information caused by delays or Interruptions of service, whether or not due to the responsibility or negligence of LÍNEA GRÁFICA, E.C.E. S.L..

The limitations and exclusions of liability in this clause do not apply to THE CLIENT who is a consumer to the extent that the law does not allow them: LÍNEA GRÁFICA, E.C.E. S.L. is liable for damage caused by its wilful misconduct or negligence and for any lack of conformity of its products and services (clause 9 ter), and does not limit any of the rights granted to consumers by Royal Legislative Decree 1/2007 (articles 10 and 86).

30. TERM OF THE CONTRACT

This contract shall apply from the date of its acceptance by THE CLIENT. The term of this contract shall depend on the period specified for each type of service, which shall be chosen by THE CLIENT at the time of purchase.
This contract shall be deemed tacitly renewed if the parties continue to fulfil their contractual obligations. Therefore, upon expiry of this contract, without either party having notified the other of its termination at least 10 days in advance, this contract shall be extended by tacit renewal for a period equal to that corresponding to the service chosen.
Notwithstanding the above, LÍNEA GRÁFICA, E.C.E. S.L. may terminate this contract with Immediate effect in the cases provided for in the clauses of the contract. LÍNEA GRÁFICA, E.C.E. S.L. may exercise this right without the need for any prior notice and THE CLIENT shall not be entitled to claim any Compensation whatsoever.

31. SUBROGATION.

THE CLIENT's rights and obligations may not be subrogated to third parties without the written consent of LÍNEA GRÁFICA, E.C.E. S.L., which undertakes to give reasons in the event of non-acceptance.

32. AMENDMENTS TO THE CONTRACT

LÍNEA GRÁFICA, E.C.E. S.L. reserves the right to amend this contract in order to update its content. THE CLIENT may view the updated contract at any time in the section BASE DE CONOCIMIENTOS -INFORMACIÓN LEGAL – CONTRATO LÍNEA GRÁFICA, E.C.E. S.L. (KNOWLEDGE BASE - LEGAL INFORMATION - LÍNEA GRÁFICA, E.C.E. S.L. CONTRACT), on the website www.lineagrafica.es
THE CLIENT shall be deemed to accept the amendments if it continues to use the services of LÍNEA GRÁFICA, E.C.E. S.L. after the date of the amendment.

33. TERMINATION OF THE CONTRACT.

The contract shall end automatically when THE CLIENT voluntarily allows the product to expire.
In the case of clients who have contracted the direct debit service, the contract shall not end automatically. In this case, THE CLIENT must notify LÍNEA GRÁFICA, E.C.E. S.L. in order to terminate the service and its corresponding contract. For more information, consult the legal conditions of direct debit.
This contract may be terminated by unilateral notice by either party, with 30 days' reliable prior written notice.
The exercise of this right shall not give rise to, or entitle either party to claim, compensation for damages, except for damages caused wilfully or negligently and those which, as a consequence of the early termination, remain pending consideration.
Notwithstanding the foregoing, and in accordance with the general rules of contracting, breach by either party of the obligations undertaken legally or contractually shall entitle the other party to consider the contract terminated automatically and by operation of law without the need for prior notice, it being sufficient to give reliable notice of such termination to the defaulting party, indicating the intention to terminate and the cause of termination.

34. PARTIAL NULLITY

If any part of this contract is contrary to law and therefore invalid, this shall not affect the other provisions that are in accordance with the law. The parties undertake to renegotiate those parts of the contract that are declared null and void and to incorporate them into the rest of the contract.

35. APPLICABLE LAW AND COMPETENT JURISDICTION.

This contract shall be governed in all respects by the Laws of Spain, and any dispute arising under or in connection with this contract shall be submitted to the courts and tribunals of the user's domicile and to the out-of-court dispute resolution system of CONFIANZA ONLINE (www.confianzaonline.es) as an entity adhering to CONFIANZA ONLINE LÍNEA GRÁFICA, E.C.E. S.L., shall be entitled, at its sole discretion, to bring proceedings before the courts of any other country in which THE CLIENT resides or in which any of the assets of THE CLIENT and/or the companies of its group are located.

36. CONFIDENTIALITY UNDERTAKING

LÍNEA GRÁFICA, E.C.E. S.L. explicitly undertakes to keep the data and information received from its users, both those originating from the completed forms and those generated by browsing the website itself, strictly confidential, using technologies that allow the maximum security thereof.

37. CONDITIONS OF THE HOURS PACK SERVICE.

Hour packs shall expire one year from the date on which they were contracted, at which point their counter will be reset to zero and you will need to purchase a new pack in order to deal with requests for pending and new tasks

The Hour Packs service is a service intended for carrying out any type of development work involving improvements, corrections and enhancements.

It may in no case be understood as an immediate support service, and the tasks will always be carried out during working hours, on non-holiday days.

The tasks requested may have a start time of up to 15 days after the request has been communicated, with no committed delivery date, since depending on the task the execution time may be longer or shorter.

The client may request a three-month extension, provided that it does so before the end of the year from the date of contracting.

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, the purpose of which is to achieve the following objectives:

To guarantee, at all times, a robust, fast and reliable email service.
To protect the privacy of our clients' data to the greatest possible extent.
To prevent any type of abuse of the email service.

All users of the email service of LÍNEA GRÁFICA, E.C.E. S.L. must know and respect the general conditions of the contracted service. For the email service, which is included in the various web hosting plans, the following rules must be taken into account in order to achieve the above objectives:

The passwords associated with email mailboxes must be protected, 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 the event of loss or theft of its email passwords.
Clients shall be responsible for the misuse of their email accounts, whether due to negligence, lack of knowledge of their use or abusive use of the service.

Persons who breach the security systems of the email service and, in general, of any system of LÍNEA GRÁFICA, E.C.E. S.L. , may incur civil and criminal liability. Our organisation will cooperate to the best of its ability in investigating such acts, providing, where appropriate, the information required by the State security forces and judicial bodies for the prosecution of such acts.
If the client has its own mail server, it shall use all means to prevent mail from being relayed from its server by unauthorised users, and shall correct the configuration of its server as quickly as possible should it be included in blacklists or databases of open mail servers (Open mail relays – Open Relay SMTP servers).
In addition to those indicated in the general conditions of service, the following actions are expressly prohibited for the email service:

Sending illegal content, such as glorification of terrorism, pirated software, child pornography, threats, scams, pyramid 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 mass dissemination of information. LÍNEA GRÁFICA, E.C.E. S.L. has established a daily sending limit, which is set as follows according to the type of hosting contracted:

Personal Plan: 400 emails/day
Business Plan: 600 emails/day
Advanced Plan: 900 emails / day
Superior Plan: 1200 emails /day
Dedicated servers and VPS : 1200 emails / day
Prestashop Hosting Comienza, Avanza and Profesional: 1200 emails / day

Should you wish to change this configuration, you must notify contacto@lineagrafica.es or call the telephone number 954312200.
The reason for this limitation is to prevent any type of attack aimed at hindering or obstructing the email service or other services

38.B CONDITIONS OF THE SMS PACKS SERVICE.

LÍNEA GRÁFICA, E.C.E. S.L. will provide you with private access to its SMS platform located at sms.lineagrafica.es provided that the service called «PLATAFORMA SMS» (SMS PLATFORM), which entails an initial purchase of SMS PACKS, is contracted and paid for.
The SMS rate shall be 0,055€ per SMS when a pack of fewer than 5000 SMS is purchased.
The 5000 SMS pack has a rate of 0,05€ per SMS.
LÍNEA GRÁFICA, E.C.E. S.L. undertakes to provide the Client with the service for the preparation and sending of mass messaging campaigns, the organisation of contact lists and the consultation of statistics. All of this within the sms.lineagrafica.es platform
OBLIGATIONS:
The Client undertakes to use the Service(s) of LÍNEA GRÁFICA, E.C.E. S.L. in accordance with the legal and regulatory provisions, with particular but not exclusive regard to the rules governing spam and privacy.
The Client is solely responsible for the content of the SMS messages sent to third parties, over which LÍNEA GRÁFICA, E.C.E. S.L. shall not carry out any type of control or monitoring, either before or after they have been sent.
In order to use 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 it is solely responsible.

LIABILITY:
The client expressly indemnifies and holds LÍNEA GRÁFICA, E.C.E. S.L. harmless from any liability associated with the content of the SMS messages sent from the account and/or on behalf of the Client itself.
The Client further indemnifies and holds LÍNEA GRÁFICA, E.C.E. S.L. harmless from any liability associated with the use or publication of the shared or reserved number assigned to the Client for the SMS message reception service.
The Client expressly releases LÍNEA GRÁFICA, E.C.E. S.L. from liability for any claim brought by third parties and/or by the Client itself in relation to the procedure for the retrieval, filing, storage, access, distribution and destruction of the numbers used, by way of non-limiting example where the compliance of such activities with the legal and regulatory provisions in force, including those relating to privacy, is concerned.
With LÍNEA GRÁFICA, E.C.E. S.L. remaining liable in cases of wilful misconduct or gross negligence, the Client indemnifies and holds LÍNEA GRÁFICA, E.C.E. S.L. harmless from any liability associated with the failed or late sending and/or the failed or late receipt of SMS, by way of non-limiting example, in the following cases:
• cases of force majeure
• cases that de facto depend on third parties, such as the interruption or malfunction of telecommunications services, the electricity supply, signal coverage, etc.;
• cases that depend on the improper and incorrect use of the equipment used by the Client, which is necessary for the full and correct use of the services provided by LÍNEA GRÁFICA, E.C.E. S.L.
• cases that de facto depend on the Client itself or on one of its collaborators or associates;
• cases that depend on the suspension or interruption of the systems used 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 where telephone operators restrict or suspend the possibility of customising the sender of SMS messages, LÍNEA GRÁFICA, E.C.E. S.L. shall no longer be obliged to guarantee that service.
LÍNEA GRÁFICA, E.C.E. S.L. does not guarantee the delivery of any type of SMS message unless the SIM card is enabled for roaming abroad.
Should the Client provide inaccurate or incomplete data that make it impossible or difficult for LÍNEA GRÁFICA, E.C.E. S.L. to provide the services, LÍNEA GRÁFICA, E.C.E. S.L. reserves the right not to activate and/or to suspend the Service(s) until the Client takes the necessary steps to remedy the situation.
Where, for reasons attributable to the telephone operators, one or more telephone numbers used for the Online SMS 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 hereby undertakes not to request any price reduction and/or compensation for damage caused by a change of numbering.

38.C CONDITIONS FOR PRESTASHOP MODULES

LÍNEA GRÁFICA, E.C.E. S.L. offers its clients the sale of modules for Prestashop Stores in various versions, which will be indicated on the product page of each module on sale.

Since Prestashop is an Open Source platform and every holder or owner of a Prestashop online store can access its code, make modifications, have undetected vulnerabilities, lack proper maintenance or hosting, and other types of situations, LÍNEA GRÁFICA, E.C.E. S.L. neither guarantees nor accepts responsibility for any repercussions of any kind resulting from the installation and use of the modules it markets. Nevertheless, all the modules marketed include technical support and updates (whenever available) for a limited time, which may or may not be renewed according to the company's policies in this regard.

Should code modifications be detected in the contracted module(s) for which support is requested, 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 store, making or having a recent and complete backup of the store.

LÍNEA GRÁFICA, E.C.E. S.L. will only provide support for the domain shown on the record of the module contracted by the client, which the client provides during the purchase process and may change up to 2 times by requesting it via ticket from technical support or the 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 modules developed by LÍNEA GRÁFICA, E.C.E. S.L. are the intellectual property of LÍNEA GRÁFICA, E.C.E. S.L., which therefore reserves the right to encrypt part or all of their code, as well as to license their marketing by technological means of which the client will be informed.

38.D CONDITIONS OF THE ONLINE STORES SERVICE SYNCHRONISED WITH TECH DATA ESPAÑA S.L.U

This service contracted by the CLIENT consists of the rental of an online store, offered under different contracting options, based on Prestashop technology with the following features and restrictions:

The online store rented by the client is based on Prestashop 1.7 technology
The online store is aimed exclusively at clients of Tech Data España, S.L.U
The online store is equipped with an automatic synchronisation system that checks stock with the systems of Tech Data España, S.L.U when a product page is accessed and when a product is added to the shopping cart
The store's catalogue is acquired automatically from the systems that Tech Data España, S.L.U enables for each of its clients who contract this service.
The store will allow you to specify the price margin at which you wish to sell the products, segmented by families and subfamilies.
The store is set up so that when an order is received from an end customer (for Tech Data products, and the customer makes the payment) , it automatically connects to Tech Data , sends it the information, and the latter sends the order to the end customer (Dropshipping process).
The store will only allow new products to be added individually. Any possibility of bulk import has been restricted.
When an order is placed with Tech Data products and products uploaded by the client, it will be split into 2 orders and only the order with the products associated with Tech Data will be sent to Tech Data; the rest must be processed manually by the administrator of the online store.
The online store will only have the following sections enabled for use
1. Orders
  1. Orders (and their management)
  2. Invoices

Credit notes

Delivery slips
Shopping Carts

Catalogue
1. Products
2. Categories

Brands and Suppliers (Suppliers is restricted)
1. Brands

Discounts
1. Cart rules
2. Catalogue Price Rules
Store reviews
Product reviews

Customers
1. Customers
2. Addresses
Customer service
1. Customer service
2. Order messages
Statistics
Shipping
1. Carriers
2. Preferences
Payment
1. Payment methods (access to configure the payment methods)
Store parameters
1. Customer settings
  1. Customer groups
2. Techdata
  1. Families
  2. Products

Support

The following can be accessed through Shortcuts:
1. Static sections (CMS)
2. Configure Banner

Configure Filters in Listings

Configure payment methods
Configure Notifications
Configure Social networks

Configure Services
Configure Slider

Customise Design
Featured products on the home page

This service may be contracted under the following and options, features and prices:

Techdata Standard Store Option at a price of 180€ (VAT not included) per month and a set-up fee of 450€(VAT not included) for the activation of the service.

– Includes technical support via tickets

Coverage and response time

– Minor incidents Within 36 hours, Monday to Friday, 8h-15h

– Medium incidents Within 24 hours, Monday to Friday, 8h-15h

– Urgent Within 12 hours, Monday to Friday, 8h-15h

– Very Urgent Within 4 hours, provided that it depends directly on our company

*Techdata Premiun Store Option at a price of 180€(VAT not included) per month and a set-up fee of 450€(VAT not included) for the activation of the service.

– Technical support via tickets

Coverage

– Minor incidents Within 24 hours, Monday to Friday, 8h-15h

39. DATA PROCESSING AGREEMENT WITH LÍNEA GRÁFICA, E.C.E. S.L. AS PROCESSOR

Everything relating to Personal Data Protection with regard to the processing of such data, the purpose of which is to establish the conditions under which LINEA GRAFICA, as Data Processor, is entitled to process data following the express instructions of the CLIENT, is described in the following Data Processing Agreement, which can be viewed at the following link. https://clientes.lineagrafica.es/Contrato_de_encargado_de_tratamiento.pdf

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