Conditions of hiringThe present Conditions, along with the inserted clausulado one, in each case, form as a whole the ‚ÄúConditions of Hiring‚Ä? that specifically regulate the relation arisen between MojiPage Hosting, S.L.U. (in future, ‚ÄúMojiPage Hosting‚Ä?) and those third parties that contract the services electronically and/or products that one offers mass media through present remote - situated Webpage in the different domains ownership from MojiPage Hosting -.
MojiPage Hosting, S.L.U is a mercantile company whose social object is the benefit of services and/or products to third parties within the scope of the Technologies of the Information, whose head office is situated in Stroll of Havana, 9-11 (Unicentro Building), with Postal Code 28036 of Madrid, CIF. Registered B85065258 and in the Mercantile Registry of Madrid, Volume 24,250, Folio 182, M435875 Leaf, Inscription 1¬™.
- MojiPage Hosting. Mercantile organization of Spanish nationality whose main object is the benefit to third parties of products and/or services of the scope of the new technologies, especially servers - hosting- and request of registry of names of domains.
- APPLICANT. User of the Webpage that chooses and asks for a service and/or product determined by reason for its interest, without still he has accepted the conditions that will govern this service and/or selected product.
- CLIENT. Legal natural person or who asks for and accepts the services and/or products offered by MojiPage Hosting, under the own conditions that will govern these products and/or services.
- PERSON IN CHARGE OF THE FILE. MojiPage Hosting, as legal person of private nature who decides on the purpose, content and use of the treatment of the personal data that he successfully obtains for being able to lend and/or to manage products and/or services asked for and accepted by the CLIENT.
- ORDERED OF TREATMENT. Third parties - legal natural person or, of private and/or public nature that deals with the personal character data on behalf of the Person in charge the File in order to be able to serve and/or products contracted by the CLIENT. ¬†
2. Applicable norm
The present Conditions will be interpreted and prevailed by the Law of the Spanish state. In particular, it will be of application Law 7/1998 on General Conditions of Hiring, the Real Decreto 1906/1999 by whom the telephone or electronic hiring with developing general conditions of article 5,3 of Law 7/1998, 26/1984 is regulated Law General for the Defense of the Consumers and Users, Law 7/1996 of Arrangement of the Retail Commerce, Statutory law 15/1999, of 13 of December, Protection of Personal European law, Character data GDPR, Ley34/2002, of 11 of July, Services of the Society of the Information and Electronic Commerce and whichever legal dispositions are from application.
The presents Condiciones and Clausulado have as object the regulation of the contractual terms for the benefit of the services and/or products that the CLIENT solicits and accepts, as well as the return of the CLIENT to MojiPage Hosting, In the same way, the conditions who will prevail at the time of using the services and/or products, on the part of the CLIENT are regulated.
4. Acceptance of the Conditions of Hiring
In order to be able to serve and/or asked for product to him it must be adult, to have total capacity to contract and, to be conscious that at the time of the acceptance it declares to have read the present conditions, being totally in agreement with each and every one of the same ones.
It will be understood that it has accepted the service and/or selected product when the applicant receives, on the part of MojiPage Hosting, as much in his email address as in the Area of Clients, the confirmation of the acceptance. This service and/or product will be activated and managed from the effective certainty of installment of the amounts you affect to the service and/or contracted and accepted product.
The refusal of the benefit of the services will be realised by email electronic or postal mail to the facilitated directions in the hiring process, justifying the reason for the same. The applicant whose request would have been rejected by MojiPage Hosting will be able to ask for the services again, as long as, the reasons which they will have given rise to his not-admission properly have been corrected or eliminated.
Before contracting to anyone of the services and/or products available in the Webpage, he carefully reads the Conditions of Hiring that regulate the benefit of those, including, the technical, operative and functional characteristics as well as the applicable tariffs in each case.
So that the acceptance provides effect, the CLIENT, previously, has to compliment the request of the product and/or service in which she is interested in contracting. To this end, in the process of initial hiring, he will have to complete those steps and fields that are considered essential to attend the request, having to fill up the same with truthful and complete data.
Later, the extension or hiring of new products will be able to take place from the Area of unitary Client of the CLIENT. MojiPage Hosting, puts at the disposal of the APPLICANT and of the CLIENT mechanisms to be able to modify and/or to add new data, as much in the initial process of request and hiring as in the mentioned Area of Client.
MojiPage Hosting reserves the right to accept or to reject any request of hiring, on the basis of the following ends, that is to say:
- It verifies that inexact the facilitated data are opposite to the truth and/or.
- It considers that the formulated request, either does not adjust to the terms picked up in the Conditions of Hiring, or damages or can damage the corporative image of MojiPage Hosting or would be opposite to the commercial intentions persecuted by the same.
- It has payment slope previously some service and/or product contracted with MojiPage Hosting.
- Those circumstances that are opposite to the present conditions or the applicable legal norm at the moment at which one takes place the request and acceptance.
- Any other circumstance that, to criterion of MojiPage Hosting, can suppose the nonacceptance of the hiring.
5. Duration and Modification
The present conditions have the use that lasts the benefit of the service and/or accepted product. For the extension of products and/or asked for and accepted services they will govern the present conditions unless the same will have been modified, in which case will need his consent to be able to lend those to him under the own conditions you affect. To this end, -15 will inquire to him in advance sufficient days so that it can give this consent to the new conditions applicable to the service and/or contracted product.
In case passed fifteen (15) days from of the notification of the new conditions, the CLIENT has not declared, his disagreement to the same, will be understood that she accepts them being of application the day after passed the term above indicated. For the case that the CLIENT does not accept the modifications to the effect, within the term of quinde days, will remain effective the accepted original conditions at the time of contracting to the service and/or operative product, lapsing these the stipulated day of the loss of those.
MojiPage Hosting at any time reserves the right of unilateral modification of the conditions, in its totality or, with respect to products and/or services partially contracted and not accepted. The modification will provide effects from its publication in the Webpage, more concretely, from its insertion in the present section, being applied him the same from its insertion and after the express acceptance, on the part of the CLIENT.
With the purpose of to safeguard the integrity of the network, to serve contracted, and to fulfill the required commitments of quality, MojiPage Hosting will be able to suspend the benefit of those when this one realises activities susceptible to cause to damages or damages in the people, teams, systems, supports and/or networks of third parties and/or MojiPage Hosting.
Also, the holder of the website will take the pertinent measures, in the measurement that will be possible to him, to warn the CLIENTS of these circumstances - suspension, interruption or term of access to the contents associated to the services and/or products.
MojiPage Hosting, will be able to suspend to weather or definitively the services and/or products contracted, in case a judicial and/or administrative authority therefore requires it, in altars to collaborate with these authorities to clarify the acts or cause that could be object of illicit act.
The present Conditions of Hiring will finalize, when in addition to the causes established in the clausulado rest of, can concur some of the following causes:
Conclusion of the initial period of duration.
When some of the parts bankruptcy situation of payments is in suspension or.
8. Invalidity and Inefficiency
In case any disposition or dispositions of these conditions was considered null or inapplicable, in its totality or partly, by any Court, Court or competent administrative agency, this invalidity or inapplicability will not affect to the rest of the conditions contained in the present Webpage.
The nonexercise or execution, on the part of MojiPage Hosting, of any right or disposition contained in these conditions will not constitute a resignation to the same, except for recognition and written agreement on the other hand.
9. Protection of Personal Data
In accordance with the settled down thing in the matter of protection of data, MojiPage Hosting guarantees the total adjustment of the Webpage and all the served through the same to Statutory law 15/1999, of 13 of December, Protection of Personal European law, Character data GDPR, as well as to any norm, of international scope, state or autonomic, that regulates the matter.
MojiPage Hosting guarantees each and every one of the principles of quality in the collection and treatment of its data. Also, the clausulado purpose of the present one is to put at the disposal of the users the present clause so that, at any moment, the users can decide - he frees, volunteer and of form it express if they wish to facilitate the personal data that they could be solicitd.
In the same way, the users of whom they successfully obtain themselves and they try, later, their personal character data, have recognized their rights of access, rectification, cancellation and opposition, by means of remission, that will be able to exercise in accordance with the privacy established in the Webpage.
The user, at any moment will be able to accede and to know the present policy through link ‚ÄúPrivacy‚Ä?, especially, with regard to the use and treatment of the personal character data. MojiPage Hosting, uses the cookies of connection of the users in order to do agile navigation to them. The organization does not communicate personal data to third parties either, safe to Liquid Inc., situated Web in EE.UU., being the purpose of the same the storage in the servers of that one to be able to serve contracted to them and, in case in the future it realises data communication besides the enunciated one, previously, would need its express, safe consent in those assumptions exempt by the norm of protection of data.
Also, MojiPage Hosting, in fulfillment with the norm of remission of electronic communications, will be able to send those to them to inform into the services and/or products to them contracted or similar to these. In any case, one will offer for those considered communications promotional gratuitous mechanisms to him of consent and droppings of the claim to the same.
10. Rights and Obligations of MojiPage Hosting
MojiPage Hosting will have right to the following activities, that is to say:
- To acquire to the CLIENT the price by the benefit of the services and/or contracted products.
- To introduce changes or technological improvements in the lent services and/or products, as long as, these improvements do not affect that one negatively, as long as they do not imply increase in the initial price. On the contrary, one will inquire to him under the requirements established in point 5.
- To facilitate the data of the CLIENT to be able to solve the technical, organizational difficulties or of management related to the service and/or products rendered.
- To interrupt the Services to undertake all those tasks that understand necessary and/or advisable with the purpose of to undertake improvements and/or reconstructions in the same, as well as to conduct operations of maintenance. As far as possible MojiPage Hosting will inform to the CLIENT so that the present aspect has present previously.
To this end, MojiPage Hosting, recommends to him that he carries out these communications through Area of Client or the email address:
MojiPage Hosting will try to equip to the CLIENT with the services and/or accepted and contracted products, under the present conditions. Nevertheless, he will not be responsible for circumstances or events that are to the margin his, as for example: the delay, interruption or the bad operation of the services and/or products, when those are responsibility of other people's third parties, lack of access to networks of third parties, or act of God or greater force.
MojiPage Hosting commits itself with the CLIENT to carry out the following acts and/or activities, that is to say:
- To serve in agreement with set out and previously accepted Conditions of Hiring, on the part of the CLIENT.
- To realise, under its parameters of quality and with the which had guarantees, the correct benefit of the services and/or contracted products, uninterrupted form every day of the year.
11. Rights and Obligations of the CLIENT
The CLIENT will have straight exclusive to use the service and/or product contracted in the terms and conditions agreed in the present conditions.
The CLIENT will have to fulfill, especially, with the obligations of payment under the accepted conditions
Also, the CLIENT will have to fulfill the following obligations to the effect:
- When therefore he requires himself to him to facilitate and to collaborate to make possible the benefit of the services and/or contracted products. To this end, to facilitate the engineering datas necessary in order to be able to accede to products contracted and/or associated to served.
- Not to disturb, to prevent, to interfere with, to distort or to damage the equipment or assigned systems of MojiPage Hosting or third parts.
- To observe all the norms and recommendations that MojiPage Hosting can impose on the use of the services, associate products or resources.
- To carry out backup copies in its own dependencies or computer science resources of the data lodged and lodged in the Servant.
- Not to realise or to carry out enemy operations to the laws, to the moral, the public order.
- Not to use the services and/or products lent by MojiPage Hosting or in relation to third parties with aims or illicit effects, prohibited, harmful of rights and interests of third parties, not being, in no case, responsible MojiPage Hosting by those.
MojiPage Hosting commits itself to realise the maximum effort in maintaining an acceptable level in the fulfillment of its contractual obligations, still with the possibility that MojiPage Hosting cannot guarantee, explicitly or implicitly, the continuity of the services and/or lent products, by reasons fortuitous, of greater force and/or other people's to its own activity. MojiPage Hosting, will refund the CLIENT, as long as, the defects of the benefit of the service and/or product is imputable to objective causes of MojiPage Hosting, the proportional part to the period of duration of the defect, considering that this period begins to compute as of the 48 hours to have notified the CLIENT the incidence.
MojiPage Hosting cannot guarantee, and therefore, does not take responsibility for reasons of the technique, of the absence of any other people's elements that can produce alterations in the teams and computer science applications of the CLIENT or in electronic documents and files stored or transmitted from the same. MojiPage Hosting wishes that to take place this circumstance he is immediately communicated to him, in order to come to its resolution.
MojiPage Hosting will only be responsible for the services and/or products that render in their name, exempting of all responsibility of activities of third parties. The CLIENT is responsible unique for the use of the services and/or products that she contracts and/or she arranges, having to adopt the opportune measures in altars to safeguard the allowed use of those.
MojiPage Hosting will not be responsible for the following activities that are inserted as a guide and nonlimiting, that is to say:
- The evil use that you can realise of the service and/or contracted product.
- The damages or damages that any person will cause, or to itself or to third, that it infringed the conditions, norms and instructions that MojiPage Hosting recommends to him in altars to use of satisfactory form the service and/or product.
- To carry out activities, by means of the prohibited, illegal and/or illicit product and/or contracted service considered. As a example it is prohibited, with orientative and nonlimiting character, illegal activities as the storage or copy illegal distribution of software protected by copyright, sites in which tools for the illegal manipulation of software, commercial violations of copyright are distributed and brands, infractions of the effective legislation, sale or distribution of illegal contraband. Any activity related to IRC (Internet Relay Chat) as bots, VNC, eggdrops or similars, as well as all those activities or acts is not allowed the shipment of mail nonasked for either (SPAM) nor that harm individual rights or that are degrading for third parties.
- The damages caused to its computer science terminals or equipment.
- The allowed access not to manage or to use the service and/or contracted product.
- The safekeeping of the keys of access and the confidentiality of the information contained in contracted products.
- The unloading, up-you praise, of information. Also, the backup copies that carry out in their computer science equipment or supports, that is to say, by means of their information system. Therefore, MojiPage Hosting will not be responsible for the loss of data derived from the described action.
- The Servant where the contents of the CLIENT lodge realises backups, but MojiPage Hosting cannot guarantee the availability of the present copy of those, not being responsible for the availability of backups carried out.
- The major or minor yield of the services and/or contracted products, when the same are responsibility of third parties.
- Of the judicial procedures that undertake against the CLIENT by activities conducted from the contracted services and/or products.
- Any others that contravene the applicable legal dispositions if so.
14. Economic conditions
The CLIENT will have to pay to MojiPage Hosting the P.V.P of the service and/or asked for and contracted product, to which will annex the indirect taxes that correspond and the discounts to him that are to him applicable in each case. In the hiring process the CLIENT will be informed, at any moment, of the total price of the product and/or contracted service. The installment will have to take place through payment means that MojiPage Hosting puts at the disposal of the CLIENT.
The services and/or products will be renewed tacitly per natural periods, by virtue of the time that has chosen the CLIENT at the time of soliciing and contracting those. In any case, MojiPage Hosting will inform to the CLIENT of the renovations you affect to contracted products and/or services. Also, the CLIENTEpodr√° to visualize its renovations and to contract to additional products and/or services through Area of Client.
MojiPage Hosting will be able to increase the price of the product and/or service in those in which it goes prepared a certain consumption and exceeds the same. Also, when MojiPage Hosting, at the request of the CLIENT, I carried out services besides the contracted solicitd ones and. In these cases, the CLIENT has a period of 10 days to show his disagreement with the issued invoice, which will be in favor available of the CLIENT in advance to the date of emission, not being able the CLIENT, to carry out claim some passed this term.
MojiPage Hosting will come to invoice from the same moment of the confirmation of the acceptance, being this one realised based on the temporary period selected by the CLIENT. The invoices of renovation of the services and/or contracted products will be issued with an advance of ten (10) days.
In case of return, it delays or non-payment of receipts, MojiPage Hosting will be able to suspend, at any time and without needing previous warning, total or partially the contracted services and/or products. All the invoices from their emission have fifteen (15) days to their victory, being applied established legal interest rate, from the indicated date of the victory. In case of non-payment, MojiPage Hosting will be able to demand to the CLIENT this amount to him through the jurisdictional procedures to the effect. Also, before this situation he will be able to cancel the services nonphelp, without amount reimbursement some.
15. Area of Client
MojiPage Hosting puts at the disposal of its CLIENTS the Area of Client, a personal Control Panel associated to its account of products and/or contracted services. From the same, the CLIENT will be able to conduct all the operations related to the management, organization, update and other activities of those products and/or services of which is titular. The CLIENT is the only person in charge of the use, access and manipulations who carries out in that one through his account of user and password.
16. Intellectual and Industrial property
The parts are clear and they are committed not to damage nor to allow that they are damaged, or they put in danger, the right of intellectual and industrial property, that thus they will have recognized. To this end, the parts are commited to mutually notify all suspicion of infraction of shelp rights and to take whichever reasonable measures part in altars is indicated him on the other to end this infraction.
17. Pact of Confidentiality
No of the parts will reveal to third party some any information that has been described by the parts as confidential, without previous written consent. The parts will behave with the diligence due in relation to the confidential information that they own of the other part. This limitation will be applied during a period of 5 years from the conclusion of the present contract and, it will not be of application to any other information that has been accrued as public (accessible with general character), has been facilitated by a third party, or when the revelation of this information has been imposed to some of the parts by Judges or Courts.
Also, the parts will be able to keep awake this information to the companies of their same enterprise group, used and collaborating and consulting independent that need to know such information and they are committed to keep the confidentiality in as strict terms as the arranged ones by means of this document.
With the object of maintaining a fluid communication on the part of both parts the exposed ones throughout the Webpage are facilitated as mass media - mailing dress, e-mail, Area of Client, etc. -
19. Cesi√≥n and Subontrataci√≥n
It is specifically prohibited the cession of the rights, obligations and guarantees to third parties different from the CLIENT, In case of taking place, it would need the express consent MojiPage Hosting.
MojiPage Hosting will be able to contract and/or to subcontract with third organizations in order to manage, to maintain, to update and/or to serve asked for and accepted and/or products.
20. Commercial use of the Services
Except in the denominated services resellers, the CLIENT will not be able to resell products and/or services contracted with a commercial purpose, being able to settle down his own policies of use of these products and/or services with respect to his collaborators, employees or third parties with which have a mercantile relation.
21. Suspension of the Service
MojiPage Hosting will be able to suspend the service that renders, in order to carry out the activities and/or activities directed toward improving, updating or to maintain those. In any case, MojiPage Hosting will inform to the CLIENT of these circumstances.
Also, MojiPage Hosting will be able to suspend the service definitively, in case he has sufficient information that he assures the real imminence damages to contracted products and/or services, on the part of the CLIENT. Also, he will be able to suspend the service definitively when therefore a Judicial or Administrative Authority considers it competent.
In not anticipated in the present Conditions of Hiring, as well as in the interpretation and resolution of the conflicts that will be able to arise between the parts as a result of those, it will be of application the Spanish legislation.
For the services of registry and ownership of domain names the norm will be applicable to the effect, on the part of the organisms in charge to manage the policy of domain names.
23. Competent jurisdiction
In case of discrepancy, interpretation or conflict between the parts, the same will be put under for their resolution arbitration before the Arbitration board of Consumption where the CLIENT resides, doing to consist both parts, that will accept the award that this organism of arbitration dictates.
In case the CLIENT will not have the condition of consumer in accordance with Law 26/1984, of 19 of July, Defense of the Consumers and Users, the parts decide that all litigation, discrepancy, question or claim resulting of the execution or interpretation of the present contract or related to him, directly or indirectly, will be solved definitively by means of arbitration (of Right or equidad*) by (one/three referees) within the framework of the Court of Arbitration of Madrid of the Official Camera of Commerce and Industry from Madrid to which the administration of the arbitration and the designation of the referees in agreement with its Regulation and Statutes entrusts itself. Also the parts point out specifically their commitment to fulfill the by arbitration award that is dictated.
In the case that the by arbitration process will not be accepted by the parts or will be declared null, the parts will be put under the Courts and Courts of Villa of Madrid.
24. Service of Request of Name of Domain
That one authorized organization will be understood by recording organization, on the part of the organizations in charge to manage the domain names, to register the extensions of different types from domain names.
MojiPage Hosting acts as intermediary with the recording organization in order to ask for and to take to end the registry of the name of asked for domain, on the part of the CLIENT. Also, the CLIENT will be the holder of the name of asked for domain, having specifically to fulfill the policies of allocation of domain names, settled down by the mentioned organizations of management.
MojiPage Hosting will provide through Area of Client the technical tools so that the CLIENT can carry out all the modifications, extensions and/or updates that consider opportune. In any case, the CLIENT can contact with MojiPage Hosting on the matter to raise any consultation to him of the registry of the domain name.
The CLIENT will be responsible for which the data and the information that it provides for the registry are truthful. MojiPage Hosting is not responsible for the concession or refusal or any circumstance that takes place in the registry procedure.
So that MojiPage Hosting comes to the registry request of the name of asked for domain is indispensable that the CLIENT has come to pay the corresponding tariffs.
MojiPage Hosting does not become person in charge of the refusal of domain names before the recording organization, in the case that in the launching of the request agrees with the registry, on the part of third parties, of the same name of asked for domain, since it governs the principle for the generic domains of ‚Äúfirst-eats, first served‚Ä? - first in right, as well as those domains of national extension whose registry is conditional to the fulfillment of norm to the effect. In any case, MojiPage Hosting, provides, exclusively for a reason or purpose informative, the occupied character of or frees of the domain name to register.
The CLIENT recognizes and accepts that, according to the effective policies of the ICANN, the registries of domain names they allow the transference of the same passed the first sixty (60) days to count from the date of the initial registry. The transferences of domain names will be, at every moment, subject to the effective policies that, at the time, are established.
The CLIENT is responsible at the time of asking for the registry of a name of domain of the following ends, that is to say:
- To be the legitimate holder of the rights regarding the name of domain to register.
- That he does not infringe rights of third parties, especially, those of industrial property.
- To use the name of domain for the personal and/or enterprise purpose, and not with a commercial purpose - ciberocupaci√≥n-.
- To fulfill with all the conditions imposed by the different organisms in charge to establish the policies of the names of domains, as well as the conditions of the recording organizations. In the same way, he commits himself to respect the norm of solution of controversies. As a example he prohibits himself, with orientative and nonlimiting character, illegal activities as the storage or copy illegal distribution of software protected by copyright, sites in which tools for the illegal manipulation of software, commercial violations of copyright are distributed and brands, infractions of the effective legislation, sale or distribution of illegal contraband. Any activity related to IRC (Internet Relay Chat) as bots, VNC, eggdrops or similars, as well as all those activities or acts is not allowed the shipment of mail nonasked for either (SPAM) nor that harm individual rights or that are degrading for third parties.
MojiPage Hosting will carry out the communications related to the request and registry of the name of domain through Area of Client and the electronic email address successfully obtained in the process of request and hiring. Therefore, one exonerates of responsibility if the direction of e-mail facilitated is not operative, like the access to the Area of Client.