The terms and conditions that are incorporated in this document (hereinafter, the "Contract"), in the conditions of service that are included in the respective Order Orders, in the conditions reflected via the web in the online contracting process or in the conditions set forth via email or telephone by the telesales agent (hereinafter jointly "Specific Contracting Conditions") make up the will of the signing parties and express the Client's full and unreserved adherence to the Contract. These General Conditions will be applied with respect to the Particular Contracting Conditions that do not have provisions to the contrary. In case of contradiction, the provisions of the Special Contracting Conditions will prevail.
The object of the Contract is to regulate the terms and conditions according to which Marlon Alejandro Núñez Rios with CIF 46072268W (with his brand Nodos Net, hereinafter supplier), in exchange for the agreed consideration, will provide or make available the services and products that are identified in the corresponding Specific Contracting Conditions (the "Services").
Each contracted Service will have an indefinite duration. If a minimum period of permanence is established in the Particular Contracting Conditions, this will be computed unless otherwise indicated, from the day the supplier activates the contracted Service or the Client receives the corresponding Procurement Order, whichever is the first in take place, and this unless the Client manifests and duly justifies the unavailability of the requested Services. At the end of the minimum period of permanence or, where appropriate, the duration indicated in the Particular Conditions of Contract, this Agreement shall be automatically and tacitly extended for successive periods equivalent to the billing period of the service,
In consideration for the Services provided, the Client will pay the provider the total amount stipulated for this purpose in the Special Contracting Conditions. The prices contained will be, unless expressly indicated to the contrary, reviewed by the supplier annually and automatically in accordance with the upward variation in the CPI of the previous year. The prices reflected in the Particular Contracting Conditions may include discounts and other special conditions established by the supplier in favor of the Client.
(b) Reimbursable Expenses and Excesses
The Client must pay the supplier the reimbursable expenses, understanding by them the travel expenses of the personnel assigned by the supplier for the development of the Services, plus the charge that, if applicable, for the management of the services that would have been necessary lend.
The Client must also pay the supplier the amounts disbursed by the supplier as a result of those justified consumptions made on behalf of the Client that exceed those contracted (hereinafter "excesses"). For the purposes of this clause, excesses will be understood, by way of example but not limitation, the excess over what was initially contracted by the client in the web transfer, in the electrical consumption of the circuits, in the bandwidth and in the storage space backups (back-up). Excesses will be billed at the current rate at any time, which can be found at www.nodosnet.eu.
The billing for the Services will start from the day the provider activates the contracted Service. The invoicing for the Services will be charged to the Client, in accordance with the prices set or with the corresponding price revisions that may be applicable. The Services will be billed: (a) monthly in advance in the case of registration fees, connection fees, periodic subscription fees and usage fees or (b) in accordance with the billing schedule reflected in the Special Contracting Conditions. The invoices for the provision of the Services will include the Value Added Tax, taking away all those amounts on which the supplier has the obligation to retain and enter the Client's account. Any reimbursable expenses or technical support service provided, not initially included in the Particular Contracting Conditions will be charged to the invoice immediately after the period in which the excess occurred and in accordance with the price rate in force in the period in which it occurred. If after ten (10) days from the issuance of the invoices the Client does not express, by any means that proves its receipt, his disagreement with the content thereof, it will be understood that said invoices are correct, the supplier not accepting any claim that has elapsed said period.
If the contracted service includes electrical circuits without consumption included, a separate invoice will be generated monthly, which will collect the consumptions registered in said circuits expressed in KW hour. The price of the KW hour will be reviewed monthly in the same proportion in which the prices applied to the supplier by the electric company that supplies this service vary. The Client gives his express consent for the supplier to make available, electronically and electronically, the electronic invoices issued to him based on the system. The Client may at any time exercise his right to receive invoices on paper, by writing to the supplier.
(d) Form of Payment
Unless otherwise indicated in the Particular Contracting Conditions, the Client will make the payment on the 10th and 22nd as the billing system computes by direct debit, bank transfer, credit or debit card payment. In case of return, delay or non-payment of receipts, the provider may suspend the contracted services within a period of 5 business days counting on Saturday and without the need for prior notice, in whole or in part, as well as preventing the Client from contracting New services. Likewise, the delay in payment for a period of more than 15 days or the temporary suspension of services twice due to late payment, will entitle the provider to the definitive interruption of services and the corresponding termination of the contract, prior notification 10 working days in advance and may request, where appropriate, the compensation for early cancellation provided in Clause 9 of these General Conditions and the payment of damages that could be incurred as a result of their non-compliance. However, any invoice due and pending payment will accrue, from the date it should have been paid, default interest of 5% + taxes, on the total value of the invoice plus expenses for returning the remittance of € 15 + taxes together to the corresponding default interest previously described.
In the event that the Client does not specify the Service for which the payment is made, the provider will be authorized to apply the amounts paid, on account of any of the Services contracted by the Client, insofar as this is necessary for termination , total or partial, of any debt contracted with the provider for the provision thereof. The non-payment by the Client will empower the supplier, upon request, to communicate this end to the information services on capital solvency and credit, to carry out the appropriate legal procedures to settle the outstanding debt, in accordance with the provisions of the applicable regulations.
The provider shall have the right: (a) to charge the Client the price for the provision of the Services; (b) to access the Client's facilities and dependencies where the equipment is located and (c) to interrupt the Services for all those tasks that it deems necessary and / or convenient in order to undertake improvements and / or restructuring in the same, as well as to carry out maintenance operations of the Service. In the latter case, the provider will make its best efforts: (i) to notify the Client, to the extent possible and with reasonable notice, of those periods of time in which the Service is interrupted and (ii) for such interruptions minimally affect the Client.
The provider agrees: (a) to provide the Services in accordance with the terms established in the Contract and (b) to make its best efforts to guarantee the provision of the Services uninterrupted twenty-four (24) hours a day during all the days of the year. The provider will endeavor by all means to provide the Customer with the Services on the agreed date, but will not be responsible for circumstances or events that are beyond its control, such as delay, interruption or malfunction of the Services attributable to third parties. operators or service companies, lack of access to third party networks, acts or omissions of the Public Authorities or fortuitous event or force majeure.
For self-managed hosting services, as of August 21, 2019, they are discontinued by the provider and only keep the service active for former users with the provision of a full backup of their files and database exclusively from the day of 21 August 2019.
For standard maintenance-free web hosting services a monthly backup is maintained, such copies can be recovered at any time, file copies are free of charge except for database backups (MySQL / PHPmyAdmin) Only available from the last two days and stored on another server, this restoration has a recovery cost of € 72 + VAT. However, the provider is not responsible for the accidental loss or deletion of the data, nor does it guarantee the total recovery of the information in the same state in which it could be lost, due to technological factors that prevent said recovery from being exact, (Ex. Latency of communications, frequency of making copies ... etc.). The customer is solely responsible for their information and therefore for having the necessary copies for their complete restoration. The client can request said backup copies or their restoration through the email firstname.lastname@example.org as long as you are up to date with the payment of your invoices, in which case you are not and you still want to proceed with the request, you must pay the amount of € 200 + VAT in advance as a “Non-self-managed Backup Copy »So the Technical Service department proceeds to restore and / or deliver the corresponding copy to the client as long as said request is within the active contract and the client's services have not been canceled, which would make it impossible to execute said request .
For web maintenance services, it has available to the customer backup copies of its files from the last 7 to 30 days, according to the contracted plan, these copies can be recovered at any time, retrieving the web or delivering the data of the files and database. data. However, the provider is not responsible for the accidental loss or deletion of the data, nor does it guarantee the total recovery of the information in the same state in which it could be lost, due to technological factors that prevent said recovery from being exact, (Ex. Latency of communications, frequency of making copies ... etc.). The customer is solely responsible for their information and therefore for having the necessary copies for their complete email@example.com as long as you are up to date with the payment of your invoices, in which case you are not and you still want to proceed with the request, you must pay the amount of € 200 + VAT in advance as a “Non-self-managed Backup Copy »So the Technical Service department proceeds to restore and / or deliver the corresponding copy to the client as long as said request is within the active contract and the client's services have not been canceled, which would make it impossible to execute said request .
The Client shall have the right: (a) to use the contracted Service in the terms and conditions agreed in the Contract and (b) to receive information regarding the development and implementation of new and / or complementary functionalities to the contracted Services.
In the cases that, according to the current legislation in the matter of Defense of Consumers and Users, is applicable, the Client would have the right to withdraw from this contract within a period of 14 calendar days without the need for justification. The right may be executed through the technical support email firstname.lastname@example.org and indicate the services and their unequivocal will to desist, or by signing and sending it to the provider together with a copy of your ID of the models provided in the legislation. The term will expire 14 calendar days from the conclusion of this contract. By accepting these conditions, the Client expressly consents to the start of the execution of the services immediately and during said withdrawal period.
The Client will not have the right of withdrawal in the exceptional cases included in the current legislation, such as: services that have been fully executed; These are personalized services based on the Client's specifications such as domain names, digital certificates, analysis or report of positioning or web optimization, personalization and content design services, web design and services that include elements dedicated to the Client; and digital content delivery services.
The Client must: (a) fulfill the payment obligations in the terms and conditions established in this contract; (b) provide the provider with the necessary collaboration for the correct provision of the Services, forcing itself, for this purpose, to provide the necessary technical data, as well as facilitating access to its facilities and premises where the equipment necessary for the provision of the contracted Services; (c) not disturb, impede, interfere, distort or damage the equipment, systems and / or facilities of the supplier or third parties; (d) observe all the rules that the provider may impose on the use of its facilities and resources, as well as the related policies and conditions of use, which are part of this contract by reference; and (e) not to use the Services for activities contrary to laws, morals, public order or to use the Services for illicit, prohibited purposes or effects, harmful to the rights and interests of third parties; (f) the client who has contracted at the supplier's facilities must request, with notice of at least two (2) business days, the collection of any equipment deposited in the supplier's premises, being an up-to-date condition for doing so being up-to-date with payment . The collection must be carried out in any case on a business day. (f) the client who has contracted at the supplier's facilities must request, with notice of at least two (2) business days, the collection of any equipment deposited in the supplier's premises, being an up-to-date condition for doing so being up-to-date with payment . The collection must be carried out in any case on a business day. (f) the client who has contracted at the supplier's facilities must request, with notice of at least two (2) business days, the collection of any equipment deposited in the supplier's premises, being an up-to-date condition for doing so being up-to-date with payment . The collection must be carried out in any case on a business day.
(a) Quality of Service
The provider undertakes to make the maximum effort to maintain an acceptable level in the fulfillment of its contractual obligations, without prejudice to the fact that the provider cannot guarantee, explicitly or implicitly, the continuity of the Services at a given time given the current state of the technique. In the event of non-compliance with the Service Level Agreements, for reasons attributable exclusively to the provider, the Client shall have the right to be compensated in accordance with the principles and amounts established in said documents.
Said compensations replace any other indemnification derived from the malfunction, interruption, failures or breakdowns of the Services that may correspond to the Client and will totally settle any losses of the Client.
(b) Harmful Codes
The provider does not guarantee the absence of any external elements that may cause alterations in the Customer's equipment and computer applications, or in the electronic documents and files stored in / or transmitted from it. provider expressly declines any responsibility / s in relation to the introduction into the Customer's equipment and / or systems and / or in the computer programs or external materials that contain a sequence of instructions or indications, which may cause harmful effects to the computer system of the user.
(a) General Regime
Unless in this Contract or in the Law the opposite is expressly imposed and, exclusively, to the extent and extent to which it is imposed, the supplier will be liable only for the direct damages suffered by the Client, and only when they have been caused directly by the provider. The supplier will be exonerated from any type of responsibility towards the Client, its users and third parties, in the cases in which the anomalies are due to actions or omissions directly attributable to the Client, its users, contractors, tenants, representatives, assigns, employees or personnel who depend on it or are at your service, or any third parties, as well as those direct or indirect consequences of misuse or improper manipulation of the Services by personnel other than the Client, of the lack of any permission both for the installation and for the modifications of the technical characteristics of the equipment imputed or imputable to the Client. Supplier will not be responsible for damages, loss of business, income or benefits, consequential damage, lost profits or business opportunities, cost savings and disappearance or deterioration of data.
The supplier will not be responsible in any case for: (a) the costs, fines, penalties, indemnities, charges, damages or fees that result from the Client's breach of its obligations; (b) the content, use and publication of the information and communications distributed through the Services as well as the use and results obtained from the Services by the Client and its users; (c) the Client's violation of any rule that may be applicable to causes or in relation to the use of the Services. The Client is and will be solely responsible for: (a) the use he makes of the Services provided; (b) full compliance with any rule that may be applicable due to or in relation to the use of the Services.
The Client who has contracted the domain name service accepts that the provider will not be responsible, in any case, for: (a) any direct or indirect damages that may be caused to the Client or third parties and that were due to the use of the name of domain object of the contract; delays in access or interruptions in access to the supplier registration system; non-delivery or delivery error of the data between the Client and supplier, including the additional necessary documentation, if necessary; overwhelming force; the processing of this request; the processing of any registry modification associated with the domain name; the default of payment by the Client or its Agent of the rates specified by the Supplier for contracting the service; the application of the established Dispute policy, where appropriate, in the specific conditions applicable to each of the extensions contracted; (b) provider will not be responsible for any loss or damage caused to the Client or third party by the action of the Registration entity in the provision of its registration services, such as (without being limiting) errors in domain registration . The Client exonerates the supplier from liability for such concept, without prejudice to exercising against the Registry entity the liability actions derived from its performance. such as (without being limiting) errors in the domain registration. The Client exonerates the supplier from liability for such concept, without prejudice to exercising against the Registry entity the liability actions derived from its performance. such as (without being limiting) errors in the domain registration. The Client exonerates the supplier from liability for such concept, without prejudice to exercising against the Registry entity the liability actions derived from its performance.
The provider will not be responsible for the problems derived from the lack of access or from the problems inherent to the connectivity to the Internet or to the electricity networks when these have their origin in causes beyond their control or causes that could not have been foreseen by the Parties or that even being foreseeable, the supplier has made all reasonable efforts to avoid them or that were considered as fortuitous causes or force majeure. The provider is completely unrelated and does not intervene in the creation, transmission or making available to it, and does not exercise any kind of prior control or guarantee the legality, infallibility and usefulness of the content transmitted, broadcast, stored, received, obtained, made available or accessible through or through the Services, declining any liability that may arise from it. In order to prevent and prosecute infringements in which the provider may be declared a subsidiary civil liability, the Client expressly authorizes the provider to provide the data and access to content that are required by the competent authority, as well as by the forces of State security, in the course of a police investigation. The Client is solely responsible for any claim, legal, judicial or extrajudicial action, initiated by third parties, both against the Client and against the provider, regarding the infringement of the rights of third parties and / or applicable regulations derived from the content. , assuming the Client how many expenses,
The supplier's liability derived from this Contract will be limited to the sum of all the amounts paid by the Client during the last sixty (60) days preceding the production of the event causing the damage, both for each incident and for the sum of all incidents that occurred in said period.
Without prejudice to the disclaimers and limitations of liability agreed in this clause, both parties accept that any compensation that could potentially derive from the breach of this Contract must necessarily be moderated having as reference, among others, the following criteria: (a) the existence of a reasonable relationship between the levels of existing guarantees and the agreed remuneration; (b) the state of the art at all times and the uses and customs of the companies operating in the sector; (c) the type and nature of the Services contracted in relation to the risks inherent in the Client's business activity; (d) the Client taking the necessary precautions to eliminate and / or, where appropriate, reduce the damage caused.
(d) Responsibility of the Client
The client accepts and agrees, to the extent applicable to the contracted Services, that: (a) the information transmitted or hosted in any of its forms through the contracted Service, belongs for all purposes to the Client, who will be responsible for to third parties of the content of said information. In this sense, the Client agrees to leave the supplier harmless of any claim that, for these reasons, could be deducted against it by third parties. For these purposes, the Client acknowledges the provider's right to cancel and / or delete the content at its discretion; (b) it will be the Client's responsibility that the downloading of data and / or any material from the server may cause damage to the computer system or loss of data; (c) the information or services that the Client provides will not suppose violation of the fundamental rights and of the public liberties recognized by the Spanish Constitution and by the rest of the Legal Order in force, in particular, of what is established in the legislation on the rights of consumers and users and the protection of children and youth. Thus, the Client agrees to leave the supplier harmless of any claim that, for these reasons, could be deducted against it; (d) it will be the Client's responsibility to obtain authorization from third parties for the hosting and dissemination of the information of third parties associated with the domain name that, where appropriate, they have contracted; (e) in particular the Client will be responsible for: (i) The use for illegal purposes of the service or any of the elements that comprise it; (ii) The transmission or dissemination of materials or content that violate current legislation and the publication of materials that do not have the necessary licenses and / or permits pursuant to the legislation on industrial or intellectual property rights; (iii) Provide the additional information required by the registrar for each domain extension, when you have contracted this Service. This information will only be valid as long as it is provided within the period of time (ii) The transmission or dissemination of materials or content that violate current legislation and the publication of materials that do not have the necessary licenses and / or permits pursuant to the legislation on industrial or intellectual property rights; (iii) Provide the additional information required by the registrar for each domain extension, when you have contracted this Service. This information will only be valid as long as it is provided within the period of time (ii) The transmission or dissemination of materials or content that violate current legislation and the publication of materials that do not have the necessary licenses and / or permits pursuant to the legislation on industrial or intellectual property rights; (iii) Provide the additional information required by the registrar for each domain extension, when you have contracted this Service. This information will only be valid as long as it is provided within the period of time
This Contract, in relation to each of the Services that, in each case, is applicable, will end for the causes admitted in both the Civil and the Commercial Code and, specifically, for the following: (a) by Mutual agreement between the parties expressly stated in writing and (b) by the early termination of the Contract in accordance with the terms and conditions that are developed in Clause 9 (Termination of Service) of these General Conditions. In any case, the termination of the Contract will not exonerate the parties from the fulfillment of the pending obligations.
Without prejudice to the power to terminate the contractual relationship established in the preceding paragraph, the provider may withdraw or suspend at any time and without prior notice the provision of Services to the Client in the event that it considers that it performs activities that affect the rest of the clients and / or jeopardize the integrity of the infrastructure and / or services of the supplier, in breach of any of the obligations assumed by it under the Contract, and may request, where appropriate, the compensation for early cancellation provided in the Clause 9 (Termination of Service) of these General Conditions and payment of any damages that may be incurred as a result of non-compliance.
The Client may terminate this Contract provided that he communicates to the provider his desire not to continue with the services through the following channel created for this purpose:
Sending an email to email@example.com requesting the cancellation of the service and with a copy of the DNI to verify the identity of the client.
In the event that the cancellation request is received fifteen (15) days or more before the end date of the last invoiced period, an invoice will be issued for an additional billing period and the service will continue to be active until the end of said period.
The services provided by the supplier to the Client entail for the supplier the making of investments and the need to have committed costs vis-à-vis third parties. Consequently, in the event that the Client terminates the Contract in breach of the minimum period of permanence or the duration indicated in the Particular Conditions of Contract and without being covered by any of the causes expressed in sections (a) and (b) of the previous clause (Termination of the contract), the latter will be obliged, as compensation or for early cancellation, to (i) pay the provider the agreed Price of the Services, that is, the remaining fees until the end of the minimum period of permanence that would have been paid by the Client if they had not urged early cancellation and;
Each of the parties recognizes the ownership of the other or of any other third party with respect to all their intellectual and industrial property rights, and over other analogous rights over elements, technology, know-how, brands, logos and any other element, creation , invention or distinctive sign of their property.
Without prejudice to the provisions of the applicable legislation in relation to the disclosure of this Contract to the competent authorities, the parties assume the strictest duty of confidentiality regarding the content of the conversations, negotiations, actions related to the object of this Contract, as well as to the information related to the infrastructures, procedures and technical tools managed by the provider to which the Client had access, agreeing not to disclose, in whole or in part, its content to third parties without the prior written consent of the other parties. Notwithstanding the foregoing, the parties may disclose said information to companies in the same business group,
This clause will remain in force after the termination or termination of this Contract or any of the Services provided in it.
The parties agree to respect at all times the current regulations on the protection of personal data. The personal data provided by the Client in the registration form and those that are provided in the future by virtue of this Contract, will be incorporated into a personal data file owned by the provider, which will process the Client's data for the development and management of this contractual relationship, as well as for sending the newsletter and commercial information related to its products and / or services. The Client may, at any time, exercise their rights of access, rectification, cancellation and opposition by contacting: The supplier in Gl. City of Córdoba, 1, 1 - 14013 - Córdoba or by email to firstname.lastname@example.org.
Likewise, in the event that the provider has access to personal data of the Customer's responsibility, he will be considered "in charge of the treatment" of said information, committing himself to fulfill the obligations that correspond to him by Law, especially those established in article 12 of the current Organic Law on Protection of Personal Data. The provider will process the data to which it has access according to the instructions of the Client, not applying or using them for purposes other than those established in this Contract, nor will it communicate them, not even for its preservation, to any third party.
The supplier agrees to adopt the appropriate security measures, which are part of this contract by reference. The Client acknowledges that said measures comply with the level of security applicable to the type of information that is processed as a consequence of the provision of the Service. The provider declines any responsibility for the violation of the Client's security systems or the inviolability of personal data when they are transported through any telecommunication networks.
Upon termination of this Contract, the provider, at the request of the Client, will destroy or return to the Client all the information to which he has had access, except for those data that he must keep blocked when there is a legal provision that requires its conservation.
All notifications or other communications that must be made hereunder must be made in writing by any means that proves their receipt, and may be directed to the attention of the contact persons indicated in the Special Contracting Conditions.
The Client may not assign the rights and / or the obligations acquired under this Contract to any third party, including subrogating himself in his contractual position. Notwithstanding the foregoing, and for the purposes of this stipulation, any corporate restructuring operation in which any of the companies are affected, as well as the entry into their capital of third parties to the extent that said change, will not be considered assignment. does not imply an effective takeover by the third party acquirer, which must be notified immediately to the other party. supplier may assign this Contract to any third party through any valid form by law, prior written communication to the Client thirty (30) days in advance.
Unless there is a Distribution Contract between the Client and the supplier, it is expressly forbidden for the Client to resell or authorize third parties outside the client's business organization, the total or partial use, of the contracted services.
The supplier may subcontract the execution of any of its obligations derived from this Contract. In any case, the supplier will always be jointly and severally responsible for the fulfillment of the Contract and for all the obligations derived from it towards the Client.
In the case of processing personal data, the provider will not subcontract those services that imply the processing of personal data without the consent of the Client, provided that a data processing contract linked to this main contract is previously signed.
It will be the sole responsibility of each of the parties to contract the corresponding insurances that guarantee the possible responsibilities derived from the Contract and its breach.
The provider reserves the right to unilaterally modify the presentation, configuration and operation of the Service, as long as said modification does not affect the functionality or commitments of the Service acquired, nor does it imply any increase in the agreed prices.
When the supplier introduces any modification that implies an increase in the agreed prices or the conditions established in these GTC or the particular conditions applicable to the Service, it will notify the terms of the modification and the price variation with one (1) month of prior to the date the modification is to be effective. In the aforementioned notification, the supplier will inform the Client of his right to terminate this contract without penalty in the event that he does not agree with the proposed modifications.
The provisions of this Agreement shall be governed and interpreted in accordance with Spanish law. For the resolution of controversies that may arise under this Agreement and expressly waiving any other jurisdiction that may correspond to them in law, both parties agree to submit to the jurisdiction and jurisdiction of the Courts and Tribunals of the City of Córdoba.
The customer may contact the provider, either through the means enabled on its website www.nodosnet.eu or through the email email@example.com or by any other means that the provider makes available to the Customer, to request information about the Services and to present complaints, claims and requests and any contractual incident related to the provision of the Services as well as to request the compensations provided in the Service Level Agreement.
If any clause of this Contract is declared null or void, in whole or in Part, by any court, the remaining stipulations will remain valid, unless the Parties mutually agree to terminate the Contract. Any documents or statements, whether verbal or written, prior to its entry into force, will be considered definitively repealed.
The terms and conditions that are included in these General Conditions will be applied with respect to the Particular Conditions and the Order Orders that do not have provisions to the contrary. In case of contradiction between the terms stated in these General Conditions, the Particular Conditions and the corresponding Order Orders, the conditions agreed in these latter instruments will always prevail. If there are several Particular Conditions regulating the same type of service, those of more recent date will always prevail.
Domain Name Services shall be understood as the provision by the provider of a processing service for the registration, transfer, modification and / or renewal of domains on behalf of the Client before the Registry entity responsible for the administration of the domain (s). / s requested, upon payment of applicable rates and prices. The provider is an accredited or sub-accredited company with domain name regulatory organizations such as: (a) ICANN, Internet Corporation for Assigned Names and Numbers; (b) Verisign, Inc .; (c) Afilias Limited; (d) Neustar, Inc .; (e) Public Interest Registry; (f) RED.ES; (g) Fundacio PuntCat; (h) MTLD Top Level Domain Limited; (i) Telnic Limited; (j) EURID; (k) NOMINET and (l) NIC.MX.
The activation of the Domain Name Service implies the acceptance by the applicant of these Particular Conditions, the specific conditions for each domain extension according to the country of origin.
The Client, under his exclusive responsibility, subscribes the declarations that are established in the specific conditions of each one of the contracted domain extensions and declares that he knows and accepts the conditions established by the Registry entity responsible for the administration of the domain / s requested.
The Client consents that the supplier acts on his behalf, forcing himself, when the applicable regulations establish it, to send duly signed the documentation requested for this purpose by the registry entity. The Client acknowledges that it is the provider's responsibility to make the request for the domain name before the registrar, but the granting of the registration of said domain name is the sole responsibility of said entity. Likewise, the ultimate ownership and responsibility for the domain name rests solely and exclusively with the Client.
23.3 Registration data.
The Client must include in the registration form the identification details of the contractor, the requested domain extensions, the required actions: registration, transfer, modification and / or renewal and any other data that is indicated as mandatory in said form, including an e-mail address within the "User Data" section, which will be the center of all notifications that the provider has to make to the Client. The customer is responsible for communicating to the provider any changes to the data provided. Supplier will not be responsible for the non-receipt of these notifications. The Client is obliged to provide certain contact details and update them properly, Since these will be the ones that the registration entities will take into account in their communications with the beneficiaries of the domain names, and any falsehood in the information provided may be the reason for the rejection of their application and, where appropriate, the reason for the name being removed. domain, which could then be assigned to another applicant who was entitled to it. The Client accepts that intentionally providing incorrect information or deliberately breaching the obligation to update the information will immediately constitute a violation of the terms agreed in this contract and will empower the provider to cancel his domain name. If the Client authorizes a third party to use a domain name,
23.4 Personal data.
The Client consents to the transfer and / or international transfer of the personal data provided to the provider that is necessary for the registration and renewal of the domain requested from the Registration entity / ies indicated in the specific conditions of each one of the extension / is hired / s. The Client agrees that the provider and / or the Registry entity make public some of the data provided by the Client during the registration process as required by the Internet domain name regulatory organization. In addition, you will accept that such organization may impose guidelines, limits and / or conditions that are related to the amount and type of information that the provider can or should make available to public or private entities. However,
The Client declares that he agrees to be listed in the public “Whois” directory that collects the following data provided in the domain registration form regarding: (a) Contact Owner (Person, Organization, address, e-mail, telephone and fax ); (b) Administrative contact (Person, Organization, address, email, telephone and fax); (c) Technical contact (Person, Organization, address, e-mail, telephone and fax); (d) Billing contact (Person, Organization, address, e-mail, telephone and fax).
Likewise, the Client may expressly request the supplier to modify the data in said directory according to the procedures in force at any time.
The Client will pay the rates and prices established at any time on the website www.nodosnet.eu for the corresponding initial registration services and / or, where appropriate, renewal, transfer or modification of each of the domain extensions requested. The forms of payment accepted by the provider are: (a) Direct debit; (b) Credit cards (VISA and MasterCard) and (c) PayPal. The payment of the Client will be considered to have actually occurred when the Banking Institution used for this purpose so accredits the provider. In the event that the provider receives two requests for the same domain, the one that is actually paid before will be processed, regardless of the dates of the requests (first to be paid, first to be processed).
The request for cancellation by the Client of a request that has been completed by the provider will not entitle the refund of the payment.
The cancellation of the Client of an order in process does not imply the refund of any amount by the supplier.
The provider, once payment has been made by the Client, will adapt the information provided by the latter to the needs of the registry and will communicate it to the Registry entity indicated in the specific conditions applicable to each domain extension requested. provider will act in accordance with the Rules and Conditions imposed by the domain name regulatory organization.
The provider reserves the right to cancel a registration request in the event that payment has been made through fraudulent methods or has not been paid, in accordance with the provisions of section 23.5 “Payments”.
The provider reserves the right to suspend or cancel the Customer's domain name, without prior notice, in the event that the latter uses that domain name to habitually send unsolicited commercial advertising to third parties and in contradiction with any applicable norm or If the Client uses the domain name related to illegal or contrary to good use activities.
The provider, once the procedures on any request have started, reserves the full right to apply a penalty for canceling it.
Failure to comply with any of the conditions accepted by the Customer will empower the supplier to cancel any order.
Given the existence of multiple organizations and registrars of Domain Names throughout the world, the availability of a Domain Name in a search form does not presuppose that this is its true status.
The Client knows and agrees that the registration of the domain name that has been registered is subject to suspension, cancellation, or transfer in accordance with any specification or policy adopted by the regulatory organization of domain names, or in accordance with any procedure provider and Registration Entities that are not contrary to the specifications and / or policies adopted by the domain name regulatory organization, in order to (1) correct provider or registry operator errors in the registration process of the domain name or (2) for the resolution of conflicts regarding the registered domain name.
The Client agrees that when the provider's DNS parking is used, their domain will be redirected to a website belonging to the provider as consideration, without prejudice to being able to change the domain's DNS when it deems appropriate.
In the event of a conflict over the attribution of a domain name, the Client agrees to follow the Dispute Policy established, where appropriate, in the particular conditions of each of the extensions contracted. The provider reserves the right not to act as arbitrator for the resolution of disputes between the Client and third parties for the use of the domain name.
In the event that the domain name is registered in the name of that person acting as the Client's agent (for example, an Internet service provider, an employee, etc.), the latter will be obliged, as principal, to all the terms and conditions mentioned in the contract, including the Dispute Policy.
The Client will be solely responsible for the custody, use and transfer of their username, passwords and access passwords to the website for the management of domain names.
The provider will notify the customer of the need to renew the domain before the contracted deadline. The notices about renewal notices will be issued by email to the address of the main contact on the customer file. The renewal of a registered domain name can be processed at any time before the expiration of the domain and up to 10 days after the expiration date indicated in the "Whois" directory. After this period, the domain will be canceled due to lack of renewal. If the renewal fee is not satisfied by the deadline communicated for the renewal, the provider is not responsible for any direct or indirect consequence arising from the cancellation of the domain,
Once the domain and the services dependent on it that the owner may have assets have been removed, according to the availability of each delegated Registry for each extension, the domains can be reactivated at the request of their legitimate owner after paying the fee established for this purpose in Every moment, for an additional 30 days, counted from the execution of the removal of the domain from the provider database, after this period, the domain name will be free for registration by third parties. This reactivation service will be marketed as an independent service and at the current rates published on the web www.nodosnet.eu
The provider reserves the right to modify the conditions of renewal of the domain names at its sole discretion, being communicated the same to the email address provided by the Client and through the website www.nodosnet.eu at least 15 days before its entry into force.
The renewal of the domain will mean a new domain contract according to the conditions established at the time of the renewal by the provider, the Registry entity and the regulatory organization of domain names on the Internet. The client authorizes the provider to carry out all the necessary actions before other Registration Entities with the objective that their domain be managed under the Registrar Code assigned by ICANN to the provider, making the transfer of the registrar in cases where it is necessary.
23.9 Transfer and domain modifications.
In case of transfer of the domain name, the Client accepts that no changes take place until at least sixty (60) days after the initial registration of the domain name or transfer from another Registrar. Modifications to the domain name can be made "online" or upon express request to the provider: (a) Online modifications: The domain owner can access the registration data provided by him and rectify any incorrect data in the administrative contact data , technical and billing, as well as modifying the DNS or Servers associated with your domain name through a user Identifier (login) and password that the owner selected in the domain name registration process.
The domain owner will be responsible for safeguarding your User ID and password from any unauthorized use. In no case, provider will be responsible for the unauthorized use or misuse of your user login and / or password, as well as the consequences that such uses may derive.
(b) Upon request to the provider: The domain owner may request the provider to be the latter who makes the requested changes in the administrative, technical, billing contact data, as well as in the DNS associated with the domain name, being able to provider accept or reject such request. In case of acceptance, the provider will verify the identity of the domain owner (applicant) and make the changes once the corresponding payment has been received according to the conditions in force at any given time. Once the procedures on a request have started, the supplier will not accept modifications to it, which will imply, if desired, having to make an additional modification request at the time.
Client may not change Registrar domain name until sixty (60) days after initial registration with provider or transfer from Registrar to provider. Likewise, the provider will require the formal accreditation of the request to transfer the domain to the new Registrar.
The Client may transfer the domain to any other registrar as long as he is up to date with all his payments for the services provided by nodosnet.es
23.10 Billing periods.
Billing will be carried out once the order has been processed and payment has been verified, in accordance with the Client's instructions at the time of requesting the Service through the web.
The duration of the provision of the service is indicated in the transfer and / or renewal registration form.
23.12 Processing service.
The provider is provided with a system that collects Customer requests via the Internet. The Client understands and assumes that this service will be processed during office hours in accordance with the work schedule of the Municipality of Córdoba.
Services for the sale of tangible products
24.1 LIQUIDATIONS and orders
All offers on this website are made without obligation, both in terms of price and delivery time, unless Nodos Net explicitly states otherwise in its confirmation of the client's order.
The contract is concluded by means of a written confirmation by Nodos Net of an order, or by the factual start of execution by Nodos Net of said order. Nodos Net reserves the right to reject orders or orders without stating a reason.
25.1 Prices and other conditions are based on the class and volume of the products to be supplied that are mentioned in the offer. The orders that only refer to a part of the offer, give Nodos Net the right to modify the prices and conditions mentioned in it.
25.2 All prices are net prices, exclusive of taxes and duties (including, among others, sales tax [VAT], and import and export duties) and exclusive of insurance and transport costs, unless Nodos Net and the client agree, explicitly and in writing, something else.
25.3 The prices of our entire catalog change constantly, due to many factors such as currency exchange. However, in the event of a price increase, the customer has the right to terminate the contract. If the client terminates the contract, Nodos Net has no obligation to pay any compensation or indemnity.
26.1 The delivery of products will take place at the moment that Nodos Net has them ready in the warehouse for shipment to the customer and as long as said merchandise has been paid. From the moment of delivery, the risk of the products corresponds to the client. Nodos Net is only obliged to place them in a place on its own business land, indicated by it, for receipt on behalf of the client. In particular, Nodos Net is not liable for any transport damage.
26.2 If it has been agreed that Nodos Net will deliver the products to an address indicated by the customer, Nodos Net has fulfilled this obligation by presenting the products once at the said address. The customer cannot refer to the fact that the products have not been received or to the recipient's incompetence to receive the products on his behalf.
26.3 An agreed delivery period is extended with the period in which Nodos Net has the right to refer to any right of suspension or force majeure.
26.4 The delivery times mentioned by Nodos Net are indicative. The transfer of a delivery period mentioned by Nodos Net, does not cause delay on the part of Nodos Net. The client is not entitled to any compensation for direct or indirect damages, caused by the transfer of the delivery period agreed or mentioned by Nodos Net.
26.4 Nodos Net has the right to make deliveries in parts. If Nodos Net does not make use of this right, each of the deliveries is considered as a separate contract, which causes a commitment to pay on the part of the client.
27.1 If Nodos Net receives an order to deliver products that have to be printed, or compound, or processed, especially for the client, the latter is obliged to supply good quality and directly reproducible material.
27.2 Nodos Net will send a proof of printing beforehand to be submitted to the client's approval. In this case, Nodos Net is obliged to present the client with a proof of printing or a sample, which is considered to have been approved by the client, if the client has not rejected them in writing within five working days after its presentation. If the products delivered by Nodos Net differ to a lesser extent - in which differences in coloration are also included - from the printing test or the sample, this may be classified as non-compliance by Nodos Net.
27.3 All costs related to the activities to be carried out by Nodos Net for the composition and processing of the products referred to in article 27.1, will be charged separately to the customer's account, unless otherwise agreed.
27.4 Nodos Net has the right to deliver to the customer an amount of up to 5% higher or lower than the amount ordered by the customer for the products referred to in this article 5, and to charge the amount delivered to the customer's account.
28 Guarantees / claims
28.1 At the time of delivery, the customer is obliged to verify whether the delivered goods comply with the contract.
28.2 Claims in relation to externally observable deficiencies must be made in writing before the fourteen day period has elapsed from the time of delivery of the goods, which will serve as the expiration period.
28.3 Claims regarding non-externally observable deficiencies must be made in writing before the fourteen day period has elapsed from the moment the deficiencies have been verified.
28.4 Claims in relation to the amount of the invoices sent by Nodos Net must be made in writing before the payment period indicated in section 1 of article 33 has elapsed, which will serve as the due date.
28.5 After the receipt of a claim made in accordance with the previous sections of this article, Nodos Net, if, according to its own criteria, the customer's objection is justified, will proceed to repair the damage, replace or pay the defect , this exclusively at the choice of Nodos Net. The value of the provision of Nodos Net referred to in the previous sentence, will not exceed in any case the price of the defective part of the delivered products. Nodos Net is not responsible for any damage caused by the defect, nor is it obliged to carry out any other service than that referred to in the first sentence of this section.
28.6 If the client makes claims known to Nodos Net, and, in relation thereto, at the request of Nodos Net or not, returns goods to Nodos Net, all costs - including also transport costs - will be borne by of the client, if Nodos Net does not recognize the claims in question.
28.7 The presence of a defect, as referred to in this article, does not give the customer the right to suspend the payment obligations arising from the contract. Nodos Net has no obligation to perform any provision, if and to the extent that the client has not fulfilled all its obligations to Nodos Net (including, among others: full payment of the purchase price), regardless of whether the aforementioned obligations they were born from the contract or from another source.
28.8 Properly delivered products will not be accepted again, unless Nodos Net and the client agree in writing otherwise. In this case, all the products to be returned must be in their original condition and packaging, and Nodos Net will credit the invoice amount of these products with a decrease in their costs and the loss of value of the products. Return shipping costs will be borne by the customer.
28.9 The guarantee obligation and the responsibility of Nodos Net for the products delivered by Nodos Net that Nodos Net acquired from third parties, are limited, in any case, to the scope of the guarantee obligation and the responsibility that this third party assumed in relation to the aforementioned products with Nodos Net and whose fulfillment will actually be carried out by this third party with Nodos Net. At the client's written request, Nodos Net will provide more detailed information regarding the warranty obligation and the responsibility assumed by the aforementioned third party.
29.1 In case of force majeure by Nodos Net, Nodos Net will have the right to suspend the execution of the contract, or, at its choice, to partially or completely dissolve the contract, without having the obligation to indemnify the client.
29.2 Force majeure is understood as any circumstance for which the client can no longer reasonably require partial or complete fulfillment of the contract, including, in any case, import or export prohibitions, a prohibition imposed on Nodos Net by a third party, to deliver products for infringing the industrial or intellectual rights of a third party, strike, fire, and other calamities that prevent or limit business exploitation, lack of raw and auxiliary materials, transportation obstructions, wars, uprising, and measures of higher authorities, regardless of whether these circumstances occur in relation to Nodos Net or its suppliers.
30.1 All the products delivered to the client by Nodos Net remain the property of Nodos Net, as long as the client has not paid all the credits of Nodos Net in relation to the consideration for products delivered or to be delivered by Nodos Net by reason of any contract, as well as for work carried out or to be carried out in favor of the client due to such contract.
30.2 What is stipulated in section 1 is also applicable to Nodos Net credits for the breach by the client of the indicated contracts.
30.3 If Nodos Net has reasonable grounds to fear that the customer will not comply with the payment obligations to Nodos Net, Nodos Net will have the right to recover the products delivered under reservation of title. After its recovery, the client will be credited with the market price of the recovered products, which will in no case be higher than the original purchase price, with a decrease in the costs made by Nodos Net in relation to the aforementioned recovery. .
31.1 Without prejudice to their rights under the law, Nodos Net has the right to dissolve the contract with immediate effect in the event of bankruptcy, suspension of payments or liquidation of the client's company, as well as in the event of a drastic modification of the relations regarding the power of decision in the same company.
31.2 The client does not have the right to refer to any right of suspension for Net Nodes, including the right of retention and / or compensation.
32 . Responsibility
32.1 Apart from the delivery of the products indicated in the contract with the client, and the obligations mentioned in article 28, Nodos Net is not obliged to make any other provision in favor of the client.
32.2 Nodos Net is not responsible for any damage, direct or indirect, of any nature whatsoever, regardless of the way in which the damage was caused and regardless of the persons due to whom the damage was caused, except to the extent that the damage is the consequence of intent or serious fault on the part of the administration of Nodos Net.
32.3 The compensation to which Nodos Net is bound will never exceed the invoice amount of the delivered products in relation to which the damage was caused, or because of which the damage was caused.
33.1 Payment must be made prior to the delivery of the products, unless Nodos Net and the client explicitly agree in writing otherwise, and, failing that, the client is in default under the law.
33.2 Nodos Net has, at all times, the right to request the partial or complete advance payment of the agreed price, or to demand cash on delivery.
33.3 In default of payment in advance, the customer owes 5% interest for each month or part of the month with which the payment term has been exceeded. Interest due is calculated on the portion of the total invoice amount (including sales volume tax [VAT]) that is pending payment. In the absence of payment in advance of any invoice, all pending invoices, but also invoices whose payment term has not yet expired, are immediately due.
Protection of personal data according to the RGPD
Marlon Alejandro Núñez Ríos, in application of the current regulations on the protection of personal data, information that personal data collected through the forms on the website: nodosnet.eu, are included in the specific automated documents of users of the services of Marlon Alejandro Núñez Rios
The purpose of the automated collection and processing of personal data is to maintain the business relationship and perform the tasks of information, training, advice and other activities of Marlon Alejandro Núñez Ríos.
These necessary data will be transferred to the entities that are necessary for the sole purpose of fulfilling the previously stated need.
Marlon Alejandro Núñez Ríos adopts the necessary measures to guarantee the security, integrity and confidentiality of data in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with respect to the treatment of personal data and the free movement of same, and repealing the old LOPD, the new Organic Law 3/2018, of December 5, on Data Protection and Guarantee of Digital Rights (LOPDGDD).
The user may at any time exercise the rights of access, opposition, rectification, cancellation, limitation and portability recognized in the aforementioned Regulation (EU). The exercise of these rights can be carried out by the own user through email to: firstname.lastname@example.org or at the address: Gl. Córdoba City, 1, 1, C.P. 14013 - Córdoba (Córdoba).
The user declares that all the data provided by him are true and correct, and undertakes to keep them updated, communicating the changes to Marlon Alejandro Núñez Ríos
Purpose of the processing of personal data:
For what purpose will we process your personal data?
At Marlon Alejandro Núñez Ríos, we will treat your personal data collected through the Website: nodosnet.eu, with the following purposes:
1. Provide their services according to the particular needs of the clients, in order to fulfill the contracts signed by it.
2. Sending commercial information and newsletters about new services offered on the web and in the sector.
3. Execute a contract signed remotely with the user.
4. Acquire the products offered through the website.
5. Provide the services contracted by the user.
6. Send promotional information electronically.
7. Provide the information requested by the user through the contact form.
We remind you that you can oppose the sending of commercial communications by any means and at any time, by sending an email to the above address.
The fields of these records are mandatory, making it impossible to carry out the stated purposes if these data are not provided.
How long are the personal data collected kept?
The personal data provided will be kept as long as the commercial relationship is maintained or you do not request its deletion and during the period for which legal responsibilities for the services provided may arise.
The processing of your data is carried out with the following legal bases that legitimize it:
1. The request for information and / or the contracting of the services of Marlon Alejandro Núñez Rios, whose terms and conditions will be made available to you in any case, prior to any eventual contracting.
In the event that you do not provide us with your data or you do so in an erroneous or incomplete way, we will not be able to attend to your request, making it completely impossible to provide you with the requested information or carry out the contracting of services.
The data will not be communicated to any third party outside of Marlon Alejandro Núñez Rios, except legal obligation.
Data collected by users of the services
In cases where the user includes files with personal data on shared hosting servers, Marlon Alejandro Núñez Rios is not responsible for the user's failure to comply with the RGPD.
Data retention in accordance with the LSSI
Marlon Alejandro Núñez Rios informs that, as a data hosting service provider and by virtue of the provisions of Law 34/2002 of July 11 on Services of the Information Society and Electronic Commerce (LSSI), it retains for a maximum period of 12 months the essential information to identify the origin of the data stored and the time when the provision of the service began. The retention of these data does not affect the secrecy of communications and may only be used in the framework of a criminal investigation or for the safeguarding of public safety, making themselves available to judges and / or courts or the Ministry that so requires. . The communication of data to the State Forces and Bodies will be made in accordance with the provisions of the regulations on protection of personal data.
Intellectual property rights nodosnet.eu
Marlon Alejandro Núñez Rios is the owner of all copyrights, intellectual and industrial property, "know how" and how many other rights are related to the contents of the nodosnet.eu website and the services offered therein, as well as the programs necessary for its implementation and related information.
The reproduction, publication and / or non-strictly private use of the contents, total or partial, of the nodosnet.eu website is not allowed without prior written consent.
Intellectual property of the software
The user must respect the third party programs made available by Marlon Alejandro Núñez Rios, even if they are free and / or publicly available.
Marlon Alejandro Núñez Rios has the necessary exploitation rights and intellectual property of the software.
The user does not acquire any right or license for the contracted service, on the software necessary for the provision of the service, nor on the technical information for monitoring the service, except for the rights and licenses necessary for the fulfillment of the contracted services and only for the duration of the same.
For any action that exceeds the fulfillment of the contract, the user will need written authorization from Marlon Alejandro Núñez Rios, the user is prohibited from accessing, modifying, viewing the configuration, structure and files of the servers owned by Marlon Alejandro Núñez Rios, assuming civil and criminal liability derived from any incident that may occur in the servers and security systems as a direct consequence of negligent or malicious action on their part.
Intellectual property of the hosted content
The use contrary to the legislation on intellectual property of the services provided by Marlon Alejandro Núñez Rios and, in particular of:
1. The use that is contrary to Spanish law or that infringes the rights of third parties.
2. The publication or transmission of any content that, in the opinion of Marlon Alejandro Núñez Rios, is violent, obscene, abusive, illegal, racial, xenophobic or defamatory.
3. Cracks, serial numbers of programs or any other content that violates the intellectual property rights of third parties.
4. The collection and / or use of personal data of other users without their express consent or in contravention of the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free movement of the same.
5. The use of the domain's mail server and email addresses to send spam mail.
The user has full responsibility for the content of its website, the information transmitted and stored, hypertext links, third party claims and legal actions regarding intellectual property, third party rights and protection of minors.
The user is responsible for the laws and regulations in force and the rules that have to do with the operation of the online service, electronic commerce, copyrights, maintenance of public order, as well as universal principles of Internet use.
The user will indemnify Marlon Alejandro Núñez Rios for the expenses generated by the accusation of Marlon Alejandro Núñez Rios in any case whose responsibility was attributable to the user, including legal defense fees and expenses, even in the case of a non-final judicial decision.
Protection of hosted information
Marlon Alejandro Núñez Rios makes backup copies of the content hosted on its servers, however, it is not responsible for the loss or accidental deletion of data by users. Likewise, it does not guarantee the full replacement of the data deleted by users, since the aforementioned data could have been deleted and / or modified during the period of time since the last backup.
The services offered, except the specific backup services, do not include the replacement of the contents conserved in the backup copies made by Marlon Alejandro Núñez Rios, when this loss is attributable to the user; In this case, a rate will be determined according to the complexity and volume of the recovery, always with the prior acceptance of the user.
The replacement of deleted data is only included in the price of the service when the loss of content is due to causes attributable to Marlon Alejandro Núñez Rios.
In application of the LSSI. Marlon Alejandro Núñez Rios will not send advertising or promotional communications by email or other equivalent electronic means of communication that have not previously been requested or expressly authorized by their recipients.
In the case of users with whom there is a prior contractual relationship, Marlon Alejandro Núñez Rios is authorized to send commercial communications regarding products or services of Marlon Alejandro Núñez Rios that are similar to those that were initially contracted with the client .
In any case, the user, after proving his identity, may request that no more commercial information be sent to him through the Customer Service channels.