GENERAL CONDITIONS

TERMS AND CONDITIONS OF THE CONTRACT

On the one hand, ALDANUX, on the other hand THE CLIENT (hereinafter "THE CLIENT"), agree to the following terms of this service contract:

ALDANUX reserves the right to accept any request for services by THE CLIENT. It will be understood that an order has been accepted when THE CUSTOMER fills in and sends the purchase request from our website or when a correctly completed and signed budget acceptance is made. ALDANUX undertakes to explain to THE CLIENT in writing the reasons for not accepting an order by phone, email or post.

By virtue of R.D. 1906/1999, which regulates distance contracting carried out by telephone, electronic or telematics, this contract is valid and is understood to be signed by THE CLIENT when contracting accommodation services.

Acceptance of these CLAUSES will imply the formalization of the contract between THE CLIENT and ALDANUX, which will take effect from the date of acceptance of this document.

CLAUSES

1. SERVICES PROVIDED

The purpose of this contract is to provide hosting or hosting services on the Internet for web pages, web design and development, among others. The types of service provision are classified into the following categories:

Web hosting with support plans

Social Media Services

Web design and development: web pages, blogs, virtual stores, etc.

Additional plugins related to the above services

2. OBLIGATIONS OF ALDANUX

ALDANUX will provide THE CUSTOMER, from the hiring, the following services:

2.1. Connection

The accommodation will be located on servers permanently connected to the Internet.

However, ALDANUX cannot guarantee that the availability of the service will be continuous and uninterrupted during the term of the contract, due to the possibility of problems in the Internet network, breakdowns in server equipment and other possible unforeseeable contingencies.

Likewise, if the domain shares the same machine with other domains, technical problems may occur attributable to third parties, for which ALDANUX is not responsible.

Therefore, THE CLIENT expressly waives to claim any responsibility, contractual or extra-contractual, damages and losses to ALDANUX for possible failures, slowness or errors in the access and use of the contracted service.

2.2. Backups

ALDANUX makes complete backup copies of all our plans that are indicated on our website, periodically according to the contracted plan. ALDANUX will do everything possible to help THE CLIENT in case of data loss. ALDANUX will do everything possible to guarantee your backups in good faith.

ALDANUX will not be responsible for the accidental loss of information that occurs for any reason beyond ALDANUX. Likewise, it cannot be guaranteed that in the information recovery processes of the backup copies they can be restored correctly.

2.3. Technical support

ALDANUX will provide THE CLIENT from the date of contracting the service with all the necessary support and timely technical assistance for the development, expansion and improvement of its activities related to the domains hosted on the servers.

ALDANUX, through its personnel and corresponding technicians, will offer the CLIENT that requests it technical assistance on aspects related to the contracted services, not being able to offer this assistance due to questions related to the programming of applications in general, their design, preparation and configuration of databases, consulting, marketing and development of your website in general terms.

In relation to the assistance and information regarding the scripts that have been created or produced by ALDANUX, such technical assistance will be based on providing the appropriate information on the installation. In any case, the modification or changes to the scripts both in their pages and in their codes are excepted.

In any case, and at the express request of THE CLIENT, ALDANUX may transmit commercial and technical references of those CLIENTS or third companies that may provide the above services and that are outside the scope of this contract.

2.4. Configuration of Hosting Servers with support plans

ALDANUX reserves the right to configure the Shared Hosting Servers at its own discretion. Said configurations may be modified without prior notice, either due to legal obligation, version update of the services offered, security improvements, etc. It will be the customer's responsibility to adapt the scripts used in the Shared Hosting Servers in the event that the normal operation of said scripts is affected by said changes. In any case, ALDANUX will try to notify all users affected by said changes by email.

2.5. Configuration of Dedicated Servers and / or Cloud Servers

ALDANUX reserves the right to configure the Shared Hosting Servers at its own discretion. Said configurations may be modified without prior notice, either due to legal obligation, version update of the services offered, security improvements, etc. It will be the customer's responsibility to adapt the scripts used in the Shared Hosting Servers in the event that the normal operation of said scripts is affected by said changes. In any case, ALDANUX will try to notify all users affected by said changes by email.

2.6. Services:

a) If the client is contracting any of our web development products or online store, ALDANUX will proceed to carry out the contracting or transfer management of the desired domain or domain, as long as it is available and to register the web hosting service, also giving Register the necessary emails that you include in your contracted plan

– Advice to the client, both in the aesthetic aspect and in the content and functional aspects of the Web Project.

– Assistance for any incident that may arise on the Web portal, email or server, related to the project that is the object of this contract as long as it is up to date on the agreed deadlines. - The development of the portal will be carried out according to the specifications indicated in THE BUDGET and under an assessment that has been budgeted by our technicians, if this assessment is extended during its development, it will be out of budget and a new assessment will be made. It is important that you check that all the information is correct, since if something is not contemplated in the following lines, it must be requested in a new budget.

Optimized for SEO:
– The CLIENT's website will be equipped with the indications reflected in THE BUDGET, in any case we will never guarantee any specific position for any specific word.

a.1) If the chosen plan is Basic: - The client will have 10 hours of development and 2 hours of advice. In the case of requiring more specific support, the stipulated costs will be € 20 / hour or the possibility of contracting a more advanced plan.

a.2) If the chosen plan is Business Plan: -The client will have 20 hours of development and 5 hours of advice. In the case of requiring more specific support, the stipulated costs will be € 20 / hour or you can also extend to a higher plan.

a.3) If the chosen plan is Premium Plan: -The client will have 30 hours of development and 7 hours of advice. In the event of exceeding this limit, the stipulated costs will be € 20 / hour.

– Maintenance by remote control, email, support tickets, and business phone.

– You will have the possibility to restore your site completely or partially according to the available copies. At least it will have 5 points of restoration in different periods prior to the current date.

Although the space of our plans is unlimited, if we detect that the client begins to require a VPS or dedicated server for resources or traffic, he will be informed in advance to make his migration to this new VPS or dedicated server. All our support plans are in shared environments with other clients, so ALDANUX keeps the option of suspending a client's account if it consumes excessive server services. The CUSTOMER must be aware that by expanding the server, its quota will also be increased.

a.5) If you have a promotional coupon for Google Adwords: - We will deliver a Google Adwords coupon for the value and conditions that Google has offered. If the campaign management is not specified in the budget, it would not be included.

a.6) If its development corresponds to an online store:
– Its development will be carried out under Prestashop under the indications specified in THE BUDGET. If a product insertion package has not been contracted in the online store in THE BUDGET, a maximum of products will be inserted as indicated by THE BUDGET. Likewise, no export or synchronization of products will be carried out from other portals unless it is contemplated in THE BUDGET

b) If the client is contracting a mobile application service:
– The mobile application or mobile applications indicated in THE BUDGET by default will be developed of the hybrid type, The mobile app will be compatible with devices indicated in THE BUDGET.

– We will take care of its start-up and upload to Google Play and App Store.

– The final publication of the app depends on Google and Apple, normally there is no problem, but they are the ones who authorize its publication. If not, we will carry out the necessary procedures to speak with them and try to mediate a solution.

– Updates by operating system update are not included, unless the BUDGET indicates that you have contracted the Company App Plan.

b.1) If you have a Startup App Plan:
– A semiannual payment will be made according to the conditions set forth in THE BUDGET. A Plan per operating system will be required, if an application for iOS has been contracted, it must have one unit, but if it has contracted for iOS and Android, it must have two units. We will take care of uploading the apps to the different stores. THE CUSTOMER includes hosting the app in the App Store and in Google Play by ALDANUX's account
– Updates or modifications to the app are not included.

b.2) If you have a Business App Plan:
– A semiannual payment will be made according to the conditions set forth in THE BUDGET. A Plan per operating system will be required, if an application for iOS has been contracted, it must have one unit, but if it has contracted for iOS and Android, it must have two units.

– Including updates or modifications in the app, up to a maximum of 2 hours / month. THE CUSTOMER includes hosting the app in the App Store and in Google Play by ALDANUX's account

b.3) If you have a Professional Plan App:
– A semiannual payment will be made according to the conditions set forth in THE BUDGET. A Plan per operating system will be required, if an application for iOS has been contracted, it must have one unit, but if it has contracted for iOS and Android, it must have two units..
– Including updates or modifications in the app, up to a maximum of 4 hours / month. THE CUSTOMER includes hosting the app in the App Store and in Google Play by ALDANUX's account.

b.4) If you do not have a mobile app plan:
– Updates are not included.
– The established price / hour is € 20 / hour for any intervention.

c.1) If you have a social media startup plan:

– We will update the company's Facebook profile with 7 weekly updates.

– We will update the company's Twitter profile with 7 weekly updates.

– We will respond to the messages that they write to THE CLIENT through the two social networks Facebook and Twitter.

c.2) If you have an S social media plan:

– We will update all company profiles with 1 update per week.

– We will respond to the messages that they write to THE CLIENT through the two social networks Facebook and Twitter.

– We will carry out monthly reports with the report of the repercussion that the two networks have had during the month.

c.3) If you have an M social media plan:

– We will update all company profiles with 3 updates per week.

– We will respond to the messages that they write to THE CLIENT through the two social networks Facebook and Twitter.

– We will carry out monthly reports with the report of the repercussion that the two networks have had during the month.

– We will take care of managing the campaigns, enhancing and building loyalty among fans, as well as managing Facebook Ads.

c.4) If you have an L social media plan:

– We will update all company profiles with 5 updates per week.

– We will respond to the messages that they write to THE CLIENT through the two social networks Facebook and Twitter.

– We will carry out monthly reports with the report of the repercussion that the two networks have had during the month.

– We will take care of managing the campaigns, enhancing and building loyalty among fans, as well as managing Facebook Ads.

Other responsibilities:
– ALDANUX is not responsible for the content or any improper or illegal use of the content on the web, by the CLIENT.
– ALDANUX is not responsible for the misuse that the CLIENT makes of its portal.
– ALDANUX is not responsible for any problem or attack on the network outside the company.
– ALDANUX is not responsible for any illegality of the Data Protection Law that the client may breach, as well as the misuse that may be made of its newsletter sending campaigns.
– The conditions of use will be established by the CLIENT, being his responsibility, to carry out their adaptation with the current regulations, relative to this matter.

3. CUSTOMER OBLIGATIONS

3.1. Code of conduct

ALDANUX provides services to different clients, and has a responsibility to provide each client with the best possible services. The following standards have been established to ensure that these obligations can be met. THE CLIENT agrees to comply with these rules. Breach of this clause by THE CLIENT will lead to the termination of this contract by ALDANUX, without the CLIENT having the right to claim any compensation.

3.2. Minors

THE CLIENT acknowledges being of legal age. Otherwise, the hiring carried out by minors requires the prior authorization of their parents, guardians or legal representatives, who will be considered responsible for the hiring carried out by the minors in their charge. It will be the minors who must obtain the necessary consent to proceed with the hiring.

The authorization must be sent duly signed by the tutor via post or email to ALDANUX.

3.3. Activities not allowed

The activities that under no circumstances will be allowed on ALDANUX servers are the following:

“Spamming” (sending unsolicited electronic advertising communications to those with whom THE CLIENT has no previous commercial relationship, or sending “off-topic” advertising in newsgroups)

"Spoofing" (using a replying email address that is not the sender's valid replying address or sending an email message that does not contain enough information to allow the recipient to identify the person who is actually sending it the message)

“Passive spamming” (promoting a website hosted by ALDANUX by spamming from some other source)

“Trolling” (sending controversial messages to newsgroups with the sole aim of generating responses and disrupting the group's operation)

"Mailbombing" (flooding a user with email without the intention of establishing correspondence)

generate an amount of outgoing mail greater than that of the normal user, consuming a part of the system resources so that the performance of the rest of the plans hosted on the same server is significantly reduced. subscribe someone to an email list without that person's permission.

A message is considered unsolicited if it is against the newsgroup “charter” or if it is sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. The distribution of email sending programs in bulk is also prohibited.

All subscribers to a mailing list must have voluntarily and personally signed up. Mailing lists cannot be used to distribute unsolicited messages. If THE CUSTOMER repeatedly "mailbombs" or attracts such behavior, ALDANUX will interrupt its contract, without THE CUSTOMER having the right to claim any compensation.

3.4. Respect for the legal rights of third parties

Unacceptable activities in this regard include:

Sending or publishing private information about a person without their prior consent.

Infringement of intellectual property rights.

Defamation of a person or business.

Knowingly publishing code that will have harmful effects on third-party computers.

ALDANUX is in favor of freedom of expression on the Internet, and will not suspend or cancel THE CLIENT's account simply for agreeing or disagreeing with the views expressed by THE CLIENT. In the event that there are allegations about the alleged violation by the CLIENT's online activity of the legal rights of a third person, ALDANUX will not become a judge regarding the decision to be adopted in relation to the claims of that third party person.

3.5. Compliance with the law

ALDANUX services can only be used for legal purposes. Illegal activities include, but are not limited to:

Drug trafficking

Attempt to access a computer system without authorization.

Piracy (distribution of copyrighted material in violation of copyright laws, in particular. MP3, MPEG files, ROMs and ROM emulators)

Gambling.

Fraud and tricks to defraud.

Traffic in obscene material.

Sending obscene messages or with obscene, lewd, lewd, dirty or indecent content with the intention of annoying, harassing, threatening or harassing another person.

Threats of physical harm to other individuals or groups.

Bullying.

Violation of Spanish laws (being ALDANUX Spanish).

Violation of the laws of the country in which THE CLIENT carries out its activities.

Links to illegal materials.

ALDANUX reserves the right to check files on its servers in search of illegal materials and content, or for any other reasons it deems necessary.

3.6. Pornography

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

3.7. Hacking / Cracking

ALDANUX reserves the right to report illegal activities to the police forces or to any administrative or governmental authority for prosecution.

3.8. Server resource abuse

The execution of programs not allowed on the servers behind ALDANUX's back is not allowed without prior written authorization. Additionally, the use of more than 20% of the system resources is an undue overload on the server and is not acceptable. If the use of the system exceeds 20% of the total resources, THE CLIENT will be contacted to solve the problem.

All shared hosting plans are limited and contracted by space and monthly traffic. However, it may be the case that the CUSTOMER account consumes much more resources from the apache server, mysql, RAM memory or disk activity to the point that it begins to affect the other users on the server. For this purpose ALDANUX will measure the apache log size of the CLIENT's domains. If any domain has a significant load on a support plan server, THE CUSTOMER will be forced to migrate to at least one VPS Server.

You can ask the support department to indicate the consumption of the log of any domain at any time so that you can keep up to date with its consumption. In this way we ensure that the servers are not saturated and work optimally for all users who share it.

3.9. Other behaviors

The following examples are not exclusive, and are given as a guideline. THE CLIENT can contact ALDANUX if he is not sure whether his actions will constitute a violation of our policy:

Sending messages of an intrusive nature to any network

Attempts to bypass user authentication or security measures for a server, network, or account.

Access to data not directed to the user.

Polling the security of any network.

Creation ("spawning") of dozens of processes.

Port scanning, ping floods, packet spoofing, router information spoofing, attacks.

"Denial of Service", "sniffers", "flooding", "spoofing", "ping bombing", "smurfs", "winnuke", "land", "teardrop".

Promulgation of viruses.

IRC robots like Eggdrop or BitchX.

Any activity, whether or not the intrusion results in corruption or loss of data, will be investigated, taking the appropriate measures. The presence of any of these programs, whether or not they are executed, will cause ALDANUX to act against THE CLIENT, including the suspension or termination of the contract, without THE CLIENT having the right to claim any compensation.

3.10. Information for THE CLIENT project

THE CLIENT, according to their specific needs, undertakes to supply the necessary information to ALDANUX for the creation of the Web portal as well as the creation and implementation of the contents described in this contract. If THE CLIENT, once the project that is the subject of this contract has started, wishes to modify it in a substantial way, he must notify it in writing in order to prepare a new budget. THE CLIENT agrees to pay the service under the terms established in clause 16 of this contract.

4. SERVER ADMINISTRATION - SLA (Service Level Agreement)

4.1. ALDANUX server management includes:

Update of all versions and technologies.

Kernel update, Directadmin and libraries.

Custom operating system settings.

24/7 monitoring of the server.

Any migration to a superior product.

In the event that THE CLIENT wishes to change to a lower product, the responsibility of migrating their data corresponds to THE CLIENT.

4.1.2. ALDANUX server administration does NOT include:

The installation of software or hardware not directly related to the operating system or control panel. Any additional software installation will be budgeted. ENTE has accepted and paid the budget for the operation.

Solve programming problems of files, scripts or applications uploaded and used by THE CUSTOMER or updates thereof.

Migrations from other providers to ALDANUX. THE CLIENT is responsible for ensuring that their migration has been carried out successfully. At no time will ALDANUX administrators be obliged to provide support for a migration or technical problem with a provider external to ALDANUX.

The fee for interventions that are NOT included in the administration of the services offered will be € 60 / hour, VAT not included, and may vary depending on the work or service to be performed.

4.1.3. THE CLIENT is solely responsible for any attack carried out by vulnerabilities in the files, scripts or applications that it uses.

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

5. SYSTEMS MAINTENANCE

ALDANUX is authorized to make cuts in the contracted line in all those cases in which this is necessary to carry out an adjustment, modification or improvement, as well as for the repair of possible breakdowns. ALDANUX will try as far as possible to notify THE CUSTOMER via email before making a cut.

6. DOMAINS

6.1. Domain registration

Once paid, the domain is registered for the time it has been requested, normally one year. After that period, the domain must be renewed in advance so that it does not expire. A domain is considered paid in the following cases:

Payment by credit card: from the moment that ALDANUX has evidence in the bank authorized to charge by credit card. The verification process will normally be automatic and on the spot. In case of error on the part of the bank ALDANUX declines any responsibility and will be governed by the conditions of payment by transfer.

Payment by transfer: from the moment that ALDANUX has evidence in the bank authorized to collect by bank transfer. The verification process can take up to 1 week.

Payment by Paypal: from the moment that ALDANUX has evidence in the Paypal account enabled for this purpose. The verification process will normally be automatic and on the spot. In case of error on the part of Paypal ALDANUX declines any responsibility and will be governed by the conditions of payment by transfer.

In any case, errors in the domain registration for reasons beyond the service it provides will not be attributable to ALDANUX. As an example, some of the most common errors when registering and / or renewing a domain are listed below:

Registration data error

Renewal date error

Error in renewal notices

Error in considering that a domain paid by transfer has been automatically registered (it will only be registered once the payment of said domain is confirmed by the ALDANUX administrative staff)

Error due to system failure or communications with the domain registrar agent.

6.2. Domain registration periodicity

Domains can be registered for at least 1 year. In the case of domains with the .es extension, the registration can only be for 1 year.

6.3. Conditions for domain registration

Only the following names can be registered as domain names:

Names that are available. A name is available when:

It is not registered as a Domain Name.

It is not reserved, blocked or has been notified to the Registry as "not registrable" in accordance with the General Interest Policy Rules, unless otherwise stipulated therein.

It has not been requested during the Tiered Registration Period.

Names that meet the following technical requirements:

A minimum of 2 characters selected from the letters “a” to “z” in standard Latin script, the digits “0” to “9” and the hyphen (“-”).

A maximum of 63 characters (not including the suffix “.eu”).

That they do not begin or end with a dash ("-").

That do not contain a dash ("-") in the third and fourth positions.

That they do not consist exclusively of a country code made up of two alphabetic characters, as established in the General Interest Policy Regulations.

6.4. Obligations of the domain registration applicant

During the period of validity, THE CLIENT assumes the obligations indicated below:

Maintain accurate, complete and updated the contact information referred to in point 12 of this contract, with ALDANUX with whom THE CLIENT has entered into an agreement.

In addition, THE CLIENT declares and guarantees that any email address communicated in the Registry is an active address.

Use the domain name in a way that does not violate the rights of third parties, applicable laws or regulations, including discrimination based on race, language, sex, religion or political opinions.

Do not use the domain name in bad faith or for illegal purposes.

THE CLIENT has the obligation to notify ALDANUX if it detects that its domain has not been correctly registered.

6.5. Whois

For the purposes of the provisions of articles 11 and 34.e) of the LOPD, THE CLIENT accepts and authorizes ALDANUX to communicate to the corresponding Registry Entities and ICANN, the data consigned as mandatory that are necessary for the registration and maintenance of the domain name in the relevant registry, and so that they are incorporated in the own Directories that each one of them manages, as well as, so that such data is incorporated in the ALDANUX own Directory and made available to the public through the system "Whois".

THE CUSTOMER consents, and where appropriate, whoever acts on their behalf as technical, administrative and / or billing contact, that their personal data may be transferred to the aforementioned entities and those other participants in the registration process, which may collaborate with ALDANUX and / or with said entities.

To this end, we inform you that the data and information of the Applicant and / or of his representatives, if applicable, will be transmitted to the Registration Entities and that they will be incorporated into the directories available to the public, they will deal with the following points:

Full name, address, email address, telephone number, and where applicable Fax numbers of the applicant.

Name of an authorized contact person if THE CLIENT is a legal person or administrative entity, and, where appropriate, the contact person responsible for administrative and / or billing tasks.

IP addresses of the primary server and secondary servers.

Any additional reference to the domain name that should appear in the Whois database.

6.6. Identity Protection - ID Protect

Currently ALDANUX does not offer the possibility of protecting the personal data that is reflected in a Whois to a domain.

6.7. Domain renewal

The final expiration date to renew the domain will be just the day before the registration date, since the domain would already be expired on the same expiration day. Regardless of the renewal date, that date will always be the same as the initial registration.

ALDANUX has an automated system through which THE CLIENT will receive several reminders by email before the domain renewal date:

Not receiving a reminder about the renewal of a domain is not a reason to make any claim. THE CLIENT has the possibility of not renewing said domain, canceling it without any additional cost or simply letting it expire by itself. THE CLIENT is fully responsible for the renewal or expiration of the domains contracted with ALDANUX

Notifications and reminders will be sent to the data provided by THE CLIENT by email. ALDANUX will not be responsible for the non-receipt of these notifications. THE CLIENT is responsible for communicating to ALDANUX any modification to the data.

6.8. Expired domain

When a domain is not renewed before the expiration date, it goes into "Expired" mode.

If THE CLIENT wishes to renew a domain that is in "Expired" mode, they must pay the restoration fee imposed by the registrar to which the domain corresponds, as well as € 20 for administrative management (VAT not included). The restoration price does not include the renewal of the domain, nor does it include the cost imposed by the corresponding registrar to renew a domain that is in this state. A restoration can take between 24h and 48h to complete. The restoration fees vary according to the registrar, and can range from € 0 to € 400.

6.9. Domain transfers

THE CLIENT will be empowered to transfer a domain name when the following conditions are fully met:

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

A domain name that has been suspended or blocked cannot be transferred except:

by means of a decision adopted by (a) a Group of Experts on an Alternative Dispute Resolution Procedure, or (b) by a court of a member state; Others receive the corresponding fees in this regard, in the event that the Domain Name has been suspended in accordance with section 9.

A domain name may be transferred during the Term to the legal heirs of the Applicant for registration (upon death) or to the purchaser of the Applicant's assets.

Once the transfer of a Domain Name has been carried out in accordance with the previous provisions, the Domain Name will be registered in the name of the assignee for a new Validity Period of one year, beginning on the date of the transfer of the Domain Name.

At the end of the transfer of a domain and for reasons beyond ALDANUX's control, or any incidents produced during the transfer, it is the CLIENT's responsibility to verify the contact information attached to the domain and that these are correct. If not, you should contact our Domain Department to request their modification.

A domain transfer may take a minimum of 5 business days from when THE CUSTOMER confirms the transfer.

7. DATE OF RENEWAL OF A DIFFERENT SERVICE OF A DOMAIN

When THE CUSTOMER places an order, the date of that same moment is recorded, that will be the date that the system will use to carry out the appropriate service renewals.

THE CUSTOMER pays after the day of the order, he must bear in mind that said date will not be modified.

That is, the renewal date is NOT the day of payment but the day of the initial order.

8. SATISFACTION GUARANTEE AND RIGHT OF WITHDRAWAL

THE CUSTOMER has a satisfaction period of 15 days from the moment the order is placed. If THE CUSTOMER is not satisfied with our service, ALDANUX undertakes to refund the entire payment made.

This guarantee does not include commission expenses according to payment method, domain registration, if any, or any other expense derived from the purchase.

In the event that the service purchased with ALDANUX does not comply with the points of this contract, no type of refund will be made, even if it is within the trial period.

The satisfaction guarantee will not apply to those products or services that have been previously tested for free through the trial period.

There are products or services that do not have a satisfaction guarantee, the specific list is detailed in point 10.3 of this contract.

9. WITHDRAWAL

THE CLIENT can cancel the contracted service or services. The cancellation must be requested from the Customer Area, and must be done for each service. Once sent, the administration department will check that everything is in order and will proceed to terminate the requested service.

Said cancellation supposes the deletion of all the data that were stored in the space contracted by THE CLIENT.

In the event that THE CLIENT requests cancellation before the end of the contracted period, he will not have the right to claim the money corresponding to the time he has not used the service or product.

10. CUSTOMER DATA

The required data, entered when registering as a client, must contain accurate and up-to-date information about THE CLIENT. ALDANUX reserves the right to verify that the data is true, otherwise THE CLIENT will be required to provide us with the correct data immediately.

Any anomaly derived from not being correct the data of THE CLIENT, will not be responsibility of ALDANUX.

Any change or modification of the registered office, financial data, account data, etc., must be updated by calling ALDANUX directly.

11. PROPERTY RIGHTS

11.1. THE CLIENT guarantees that he is the owner of the information stored by him on the ALDANUX servers or that, in any case, he has the corresponding authorization to disclose said information over the Internet.

11.2. In order to guarantee the purposes of this contract, THE CLIENT authorizes ALDANUX to make a backup copy of the information stored by THE CLIENT on the ALDANUX servers during the term of this contract.

11.3. THE CUSTOMER is solely responsible for the content broadcast from our Hosting servers and streaming and / or music servers. THE CLIENT must ensure that he complies with all the rules and requirements imposed by the SGAE in order to broadcast music from his radio station.

11.4. THE CLIENT needs to have a license from the General Society of Authors and Editors to be able to reproduce, store or use music on their website, station or contracted FTP space. For more information visit the following link:

http://www.sgae.es/tipology/est/item/es/1026_73.html

12. DATA PROTECTION POLICY / DATA ACCESS

Access by ALDANUX, to the data that are owned by THE CLIENT, will not be considered data communication, since as provided in art. 12.1 of the L.O. 15/1999, said Responsible person makes available to ALDANUX, the file or files that contain the necessary data for it to execute the services detailed in this Hosting Contract.

It is stated that the file or files that THE CLIENT makes available to ALDANUX are duly legalized and legitimized, in compliance with the security measures provided for in art. 9 of the L.O. 15/1999, of December 13 and will adopt those determined by regulation.

Access by ALDANUX to the personal data contained in the files owned by THE CLIENT, will be carried out solely and exclusively with the purpose that said Manager can provide THE CLIENT the services mentioned in this contract and will treat them in accordance with the instructions of THE CLIENT, without being able to apply or use them for any other purpose.

In the event that ALDANUX uses the data for another purpose, communicates it or uses it in breach of the stipulations of this contract, it will also be considered responsible for the file, responding to the infractions it may have incurred.

ALDANUX, in accordance with the provisions of art. 10 of the L.O. 15/1999, undertakes to keep, indefinitely, professional secrecy regarding personal data whose access is regulated by this contract; agreeing not to communicate them, not even for their conservation to third parties, except in the case that this is necessary to comply with the obligations derived from the provision of the Services or those imposed by laws or mandatory regulations.

Once the contractual provision has been completed, the personal data must be destroyed or returned to the CLIENT or to the new service provider designated by the latter, as well as any support or documents that contain any personal data, object of the treatment. The destruction of the data will not proceed, when there is a legal provision that requires its conservation, likewise, you may keep the data, duly blocked, as long as responsibilities may arise from the relationship between ALDANUX and THE CLIENT. The destruction of the data will not proceed, when there is a legal provision that requires its conservation, it may also keep the data, duly blocked, as long as responsibilities may arise from the relationship between ALDANUX and THE CLIENT.

If for the provision of the agreed services, ALDANUX had the need to subcontract, in whole or in part, the service described in this contract, THE CLIENT will be communicated in this same space. Likewise, the identity of the subcontracted company must be communicated, with which the corresponding contract regarding the protection of personal data will be signed (art. 12 L.O. 15/1999).

In compliance with art. 12.2, paragraph 2 of the L.O. 15/1999, ALDANUX has implemented in accordance with the provisions of R.D. 1720/2007, basic level security measures, and will adopt those determined by regulation, in order to guarantee the security and integrity of personal data and prevent its alteration, loss, treatment or unauthorized access, taking into account the state of technology, the nature of the stored data and the risks to which they are exposed, whether they come from human action or from the physical or natural environment. In order to ensure compliance with the aforementioned, THE CLIENT may request from ALDANUX, at any time, all the supporting documentation of this compliance.

At this time, the services have been subcontracted to the OVH company.

The servers, with few exceptions, are physically located in the European Union.

13. CONFIDENTIALITY

15.1. THE CLIENT acknowledges that, by virtue of its contractual relationship with ALDANUX, it could have access to information and materials related to business plans, customer lists, technology or marketing strategies of great value to ALDANUX and that they should not fall into the power of third parties.

THE CLIENT agrees not to use this information for their own benefit or that of third parties not authorized by ALDANUX.

THE CLIENT also undertakes to take the necessary measures so that this information does not fall into the possession of third parties.

THE CLIENT also undertakes to return or destroy these materials once their contractual relationship with ALDANUX has ended. ALDANUZ reserves the right to demand liability for damages THE CLIENT in case of non-compliance.

14. PRICE AND PAYMENT METHOD

Prices

The rates for the accommodation services offered by ALDANUX are those specified on the following website: https://www.aldanux.es

The prices that appear on the website do not include VAT (21%).

ALDANUX reserves the right to vary the characteristics and prices of each service, and will notify THE CLIENT of said modifications at least 10 days in advance, prior to the renewal of the contract.

For web development projects, said price is calculated based on the number of hours indicated in THE BUDGET prepared by our technicians. If the number of budgeted hours were increased for reasons not attributable to ALDANUX, they will be out of budget and will be charged according to the Plan contracted by the client (€ 20 / hour). To do this, ALDANUX will keep a control of the hours of work actually performed that will be available to the client in the days following having requested it.

Payment Methods

THE CLIENT must pay the price stipulated in advance by any of the following forms of payment:

Bank domiciliation. Only for certain services such as: dedicated servers, virtual servers, web positioning; once THE CLIENT has returned the corresponding Authorization Sheet signed.

Transfer or deposit into the ALDANUX account, which will be provided by THE CLIENT when placing the order.

Visa or mastercard credit card.

Paypal.

The payment method is chosen by THE CUSTOMER at the time of filling in the purchase request. Payments will always be made in Euros.

Bank Domiciliation

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

The account debit occurs between the 1st to the 10th of each month.

International bank transfers

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

The data necessary for sending this type of transfer must be requested by THE CLIENT to the Administration Department info@aldanux.es.

15. VAT TAX

ALDANUX, service provider, is established in Spain and provides the service from the headquarters of said establishment. With which the services provided electronically are taxed as follows:

The general VAT taxation regime will apply

if the recipient of the service provided electronically is:
b-I) – the headquarters, permanent establishment or domicile of an entrepreneur or professional established in the Spanish territory of application of the Tax (Peninsula and Balearic Islands). The place of performance of these services is the Spanish territory where the Tax is applied (article 70.One.4 °. A) a) Law 37/1992 ALDANUX will pass VAT on to the recipient applying the general rate of Tax in Spain, 21 percent
b-II) – AN EMPLOYER OR PROFESSIONAL established in a Member State of the European Union other than Spain: The place of performance of these services is the Member State where the recipient is established (Article 9.2 e) Sixth Directive 77/388 / EEC
ALDANUX will NOT charge the Spanish VAT
b-III) AN EMPLOYER OR PROFESSIONAL established outside the European Union (except the Canary Islands, Ceuta and Melilla) The place of performance of these services is the State of the recipient. ALDANUX will NOT charge VAT. HOWEVER, if the actual use or exploitation of these services is carried out in Spain (Peninsula and Balearic Islands): the place of realization is the Spanish territory of application of the Tax ALDANUX YES must charge VAT applying the general rate, 21 percent (Article 70, Two Law 37/1992, Article 9.3 Sixth Directive)
b-IV) AN EMPLOYER OR PROFESSIONAL established in the Canary Islands, Ceuta or Melilla: The place of realization is NEVER the Spanish territory of application of the Tax. The operation will be taxed in the territory of the recipient (the Canary Islands, Ceuta or Melilla, which are not the territory of application of VAT).
ALDANUX will NOT charge VAT.
b-V) AN INDIVIDUAL (not a businessman or professional) established or domiciled in Spain (Peninsula and Balearic Islands) or in some other State of the European Union: The place of performance of these services is the Spanish territory of application of the Tax (article 70.One.4 ° A) b) Law 37/1992).
ALDANUX will pass VAT on to the recipient applying the general rate of Tax in Spain, 21 percent
b-VI) A PARTICULAR established outside the Community: The place of performance of these services is the State of the recipient.
ALDANUX will NOT charge VAT in any case

16. NON-PAYMENTS

THE CLIENT must pay in advance the total amount of their services or products, unless otherwise agreed. Until this requirement is met, our services will not be provided.

If for any reason there are non-payments in the account of THE CLIENT, ALDANUX will notify you of said negative credits, which must be settled within the period indicated. THE CLIENT will not be able to cancel their services until the debt has been settled.

All delivery notes have their own expiration date. Invoices are created one week before the renewal date (expiration) so that THE CLIENT can pay it on time.

In the case of domain renewal, the renewal date cannot be exceeded, if it is paid one day later, the domain will have expired.

Once the expiration date has passed, the system will automatically suspend THE CLIENT's product. To reactivate it, THE CUSTOMER will have to make sure that their product still exists and has not been eliminated in its entirety, contacting the ALDANUX commercial department to be informed about it.

ALDANUX reserves the full right to completely delete THE CLIENT's account after the expiration date without any type of responsibility in this regard.

17. SPECIAL PROMOTIONS

ALDANUX proposes specific offers and promotions throughout the year. Each promotion carries its own conditions, which are set out in detail on the website.

If THE CLIENT makes a change that affects the conditions of the current promotion or offer, he will lose the benefits of said promotion, having to pay the corresponding fee that ALDANUX informs him.

18. PRICE MODIFICATIONS

Normally the prices of all products are modified every year. However, ALDANUX maintains and respects the initial price with which THE CLIENT contracted the service.

19. DISCOUNTS

ALDANUX reserves the right to apply discounts on its products or services through promotions and offers.

20. RELATIONSHIPS AND NOTIFICATIONS BETWEEN THE PARTIES.

20.1. The relationships between the parties are those of a customer and a service provider.

20.2. THE CLIENT will not have any right to oblige ALDANUX to third parties without the express consent of ALDANUX.

20.3. Unless the procedural legislation requires otherwise, the parties agree to communicate by email or postal mail, using the most up-to-date addresses in their possession. The parties will be obliged to keep proof of having made the notifications to the opposing party.

21. DURATION OF THE CONTRACT

This contract will be applicable from the date of acceptance thereof by THE CLIENT. The duration of this contract will depend on the period specified for each type of service, which will be chosen by THE CLIENT at the time of purchase.

This contract is understood to be tacitly renewed if the parties continue to fulfill their contractual obligations. Therefore, upon completion of this contract, without either party having announced to the other the resolution thereof with a minimum notice of two months (60 days), this contract will be extended by tacit renewal, for an equal period to the one corresponding to the chosen service.

However, ALDANUX may immediately terminate this contract in the cases contemplated in the clauses of the contract. ALDANUX may exercise this right without the need for any prior notice and THE CLIENT will not have the right to claim any compensation.

22. SUBROGATION.

The rights and obligations of THE CLIENT may not be subrogated by third parties without the written consent of ALDANUX, which undertakes to reason the causes in case of non-acceptance.

23. MODIFICATIONS TO THE CONTRACT

ALDANUX reserves the right to modify this contract in order to update its content. THE CLIENT will be able to see the updated contract at any time in the section LEGAL NOTICE - PRIVACY POLICY - GENERAL CONDITIONS, within the website www.aldanux.es

It will be understood that THE CLIENT accepts the modifications if he continues to use the services of ALDANUX after the modification date.

24. TERMINATION OF THE CONTRACT.

The contract will end automatically when THE CLIENT lets the product expire voluntarily.

In the case of clients who have contracted the bank direct debit service, the contract will not end automatically. In this case, THE CLIENT must notify ALDANUX to terminate the service with its corresponding contract. For more information, consult the legal conditions of direct debit.

This contract may be terminated by the unilateral complaint of any of the parties, with a written and reliable notice of 30 days.

The exercise of this power will not give rise or right to any of the parties to demand compensation for damages, except for those inflicted willfully or negligently and those that, as a consequence of the early termination, remain pending consideration.

Notwithstanding the foregoing, and in accordance with the general contracting regulations, the breach by any of the parties of the obligations contracted legally or contractually, will empower the other party to consider it resolved automatically and by law without the need for prior notice, Sufficient with the reliable notification of this resolution to the non-compliant party, indicating the will and the cause of termination.

25. PARTIAL NULLITY

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

26. COMMITMENT OF CONFIDENTIALITY

ALDANUX explicitly undertakes to keep the data and information received from its users, both those from the completed forms and those generated by browsing the web itself, as strictly confidential, using technologies that allow maximum security for them.