Condiciones Generales de Venta
TERMS OF SALE BETWEEN Yes Sistemas Informáticos, SL (Henceforth "YSI") AND THE APPLICANT
1. The payment order shall be in accordance with the terms and conditions of payment established by YSI.
2. YSI not make any operation on the order until it has not received the payment.
3. YSI receives two orders for the same domain name, will be processed first before it is paid without regard to the timing of orders. (First to be paid first to be processed).
4. YSI, once initiated proceedings on any order, reserves the full right to take a penalty for canceling them. (See payment terms).
5. Once proceedings have started on an order, changes thereto will be accepted involving place an order for further modification. In the event that the registration process has been completed, changes may render an additional cost.
6. YSI refunds payments made by bank transfer to the account that it identifies.
7. YSI automatically disenrolled services that are not paid within 30 days, with the exception of the domains that expire immediately.
8. The applicant YSI exempts any liability to third parties for the breach of the obligations under any conditions.
9. YSI is not responsible for any damage caused by a punctual technical failure not attributable to the management of YSI.
10. YSI has adopted the technical and organizational measures and the legally required safety levels in accordance with the provisions of Law 15/1999, of December 13, Protection of Personal Data (LOPD) and rules They develop it. Thus, in accordance with Article 5 of the LOPD, YSI reports that the personal data of the applicant and the persons named as technical contact, administrative and / or billing will be included in a file owned by YSI and subject to treatment in order to enable proper implementation YSI Services want to hire the applicant. Applicant authorizes YSI for part of its activities, to use their data for promotional purposes, including the sending of commercial communications via electrónica.Dicha authorization shall be revocable character without retroactive effects. At the time of completing the form and entry of the data of the contact persons listed above, or any other representatives, the Applicant will inform interested parties of the instructions in this section and elsewhere in these Terms and Conditions in relation to aspects linked the protection of personal data, agreeing not to refer to any form YSI before transferring such information to stakeholders, and obtain the consent required by section 8.3 concerns.
10.1 YSI guarantees all interested persons whose data are processed in accordance with the above, it has taken appropriate security levels to data provided and also have installed all technical means and measures available to security prevent loss, misuse, alteration, unauthorized access and theft of data we provide access.
Those interested may at any time exercise their rights under the law, access, rectification, cancellation and opposition. The exercise of these rights may be the person concerned himself, in the system "Your data" created by YSI and accessed via the website's homepage, through our own personal login and password for your customer access and verification or to that effect to YSI at the following address of the 3rd Street Padilla 206 Staircase Penthouse 3 08013 Barcelona by letter sent via email email@example.com photocopy of the ID of the person concerned.
10.2 For the purposes of the provisions in Articles 11 and 34.e) of the (Act), the Applicant agrees and authorizes YSI to inform the Registration Authorities and relevant ICANN, the information provided as required that are necessary for registration and maintenance of the domain name in the appropriate register, and to be incorporated into their own directories that each manages, as well, that such data are incorporated in the proper directory YSI and made available to the public ( "Whois") by incorporation into the YSI website.
Applicant consents, and if applicable, the person acting on its behalf as technical contact, administrative and / or billing, your personal data may be transferred to the entities referred and those involved in the registration process, which may YSI assist and / or such entities.
The Applicant claims to have the consent of the persons designated as technical contact, administrative and / or billing for the purposes of the provisions of the preceding paragraph.
To this end, we inform you that the data and information of the Applicant and / or their representatives where appropriate, shall be forwarded to the Registration Authorities and to be incorporated in publicly available directories, they will focus on the following:
1. Full name, address, email address, telephone number, and if the applicant Fax numbers.
2. The name of a contact person authorized if the applicant is a legal person or administrative entity, and, if the person responsible for administrative contact tasks and / or billing;
3. IP address of the primary server and any secondary servers;
4. Any reference regarding the domain name should appear in the Whois database.
10.3 The information and data that the Applicant stated on the form for incorporation into the appropriate directories, may be limited or extended depending on the policies and standards that ICANN, the respective NIC'sy the Registration Authorities may issue while domain name registration remains in effect.
10.4 The Applicant can access your data and require, at any time, a copy of these to be in possession of YSI or the Registration Authorities responsible for review, modification or upgrade. To this end, it should go to the email firstname.lastname@example.org or via regular mail at the address Calle Padilla 206 Penthouse 3 Escalera 3-08013 Barcelona.
10.5 YSI is not responsible for any use that deRegistro Entities or access and use third parties may make Applicant information made publicly available over the Internet.
10.6.El applicant certifies that the information stated on the registration form on the ownership of the domain name, as well as those of persons designated as technical, administrative and billing contact the same is true and complete. The applicant also agree that you are solely responsible for keeping such information.
1. Communications shall be made to the data provided by the applicant by e-mail. YSI not be responsible for non-receipt of such notification. The applicant is responsible for notifying YSI any changes to the data.
2. Failure to meet any of the conditions accepted by the applicant shall entitle YSI to cancel any order and to apply full stipulated penalty (See payment terms).
3. YSI, you can not guarantee that the order made by the applicant is practicable.
4. YSI, reserves the right to change the terms notifying in advance the change in the web of YSI.
5. YSI not responsible for any errors caused by other participating entities throughout the registration process or service.
6. YSI communicates by e-mail renewals of services using the following process: Approximately two months before the expiry date sends the first renewal notice, the second renewal notice sent him about 10 days before the expiration date , and sends an e-mail ultimately discharged the same day of the expiration, in case of failure to make payment of the renewal before the expiry date. The e-mail renewal notices which must be as given in those moments when the corresponding service contact is made. It is your responsibility to keep these updated data and its renewal is made. YSI is not responsible for the problems arising from that fact.
7. If for any reason no cash payment for a service renewal within the period stipulated in each case is made from YSI, it will be dropped automatically by YSI being available to be requested by a third party.
8. In the case of domains, if no response is received about the intention to renew or not the domain once sent the expiration reminder emails and / or payment for this service is carried out before the date of expiry thereof, said domain can be acquired by a third party, and only recover if it remains free at the time of requesting the recovery will be possible.
DOMAIN NAME CONDITIONS
1. The acceptance of these conditions implies acceptance of the terms and conditions imposed by regulatory organizations all Internet domain names.
2. The applicant certifies that according to his knowledge, the use of this domain name does not affect intellectual property rights of third parties.
3. The applicant accepts that the registration of a domain name does not confer any legal rights on it.
4. Applicant agrees that it is solely responsible for the choice of this domain name and its subsequent maintenance.
5. The applicant agrees that registration of the name is lawful purposes.
6. The applicant must agree that you are responsible for all purposes of any problem on the rights to use the name chosen.
7. The applicant agrees to accept any possible arbitration request for the registration of a domain name.
8. YSI not act as an arbitrator for resolution of disputes between the applicant and third parties for the use of the domain name.
9. In the event of a conflict concerning the allocation of a domain name, the applicant agrees to follow the rules established conflict resolution, where appropriate, by the head of the administration of domain registration.
CONDITIONS FOR DOMAIN NAME RESELLERS
In case of resale of domain names to third parties, the applicant acknowledges having access to confidential information and undertakes not to take advantage of such information. Consequently, can not transfer their domains to YSI providers (in cases where applicable) for a period of five (5) years.
1. Payment established by YSI:
1. Credit cards.
2. Bank Transfer.
2. In services appears explicit, YSI will accept payment by direct debit. If the debit is returned for any reason, the customer must pay 3 euros in bank fees. If payment will proceed to terminate the contracted services and / or follow the process specified in each particular case.
3. YSI is not responsible for the problems arising from the impossibility of identifying the payment of an order. (Eg the order number is indicated, that the bank does not identify correctly, etc)
4. Payment must be made before the order to initiate proceedings.
5. Payment shall be made in euros.
6. YSI reserves the right to cancel an order / service if the payment was made or fraudulent methods has not been made effective in the corresponding period in each case.
7. Requests / services that are not paid within 30 days, will be dropped automatically.
8. The cancellation of an order implies complete not returning the payment.
9. The cancellation of an order process involves a penalty of 25% of the total bill.
YSI can not guarantee the availability of their services / products is continuous and uninterrupted during the period of the contract, due to the possibility of network problems, failure of server computers and other possible unforeseeable contingencies.
According .EU domain registration
1. Data protection:
Personal data provided by the applicant shall be communicated to the Public Enterprise RED.ES with www.red.es direction, resulting the communication necessary for the execution of this contract. The applicant undertakes, for this purpose, to keep the information provided by the procedure established for this purpose.
This entity shall process the personal data of the applicant the provisions of Law 15/1999, of 13De December on Data Protection CarácterPersonal and implementing regulations, no use for purposes other than those provided for in the rules governing the assignment of domain names under the ".com" and this contract. Please be advised that the allocation of the domain name necessarily require the applicant's personal data are published in the Database Registry domain names under ".com" publicly accessible through the Internet. With the signing of this document, the applicant consents to such communication and treatment, including the publication of their personal data in the database registry domain names under ".com".
The rights of access and rectification may be exercised directly against YSI on their website address at Calle Padilla 206 Penthouse 3 Escalera 3-08013 Barcelona. The rights to cancellation and opposition, since the transfer of data and its processing by RED.ES necessary for the implementation of this contract may only be exercised after the cancellation of the requested domain name.
2. No liability Registry on aspects relating to the contractual relationship between the AgentesRegistradores and applicants or recipients of domain names under ".es"
YSI has a brokering role in the allocation of domain names under the ".com" and is the sole and exclusive responsibility for compliance with the obligations under this contract. The applicant or beneficiary of domain names under the ".com" signing this contract shall be deemed informed of this situation and expressly waives any action or claim against RED.ES arising from breach of the obligations of YSI.
OBLIGATIONS AND RESPONSIBILITY OF THE CUSTOMER
1. The customer must comply with all conditions of use in the exercise of their
professional activity, it must also act fairly and in good faith.
2. The client must meet the agreed remuneration, as set out in the terms of payment.
3. Service usage conditions. The use of services / contrary to good faith is forbidden products and in particular, distorts not exhaustive:
- Use that is contrary to Spanish law or infringes the rights of others.
- The publication or transmission of any content that in the judgement of YSI, is violent, abusive, illegal, racist, xenophobic or defamatory.
- Cracks, serial numbers for programs or any other content that violates intellectual property rights of third parties.
- Collecting and / or using personal information from other users without their express consent or contravening the provisions of Law 15/1999, of December 13, of Personal Data Protection.
- The use of the mail server domain and email addresses for the purposes of so-called spamming (sending mass spam, commercially or otherwise) as well as mail bombing (sending large messages to block a server).
4. By hiring the services, the customer agrees to:
-Save Your own back up files of services / products in order to replace them if necessary.
-The Client is obliged to keep operational, active and updated e-mail address provided on the contract form for communication with YSI, since it is the preferred means of communication for the agile and fluid management in the service requested as a result of contractual relationship through this contract binds us.
YSI disclaims all responsibility for the consequences of lack of effectiveness of the client's email or the lack of communication that the change of address is not updated can produce, as well as disinformation alleging the customer due to his own negligence in maintaining this data active.
5. The customer acknowledges having tested the product to their needs and to have reported by YSI adequately.
6.The customer is solely responsible for the use and conservation of the user name and password control panel as they are necessary identifiers to access the control panel. The use of these identifiers and communication, including third parties, is produced under the sole responsibility of the customer.
7. The client has full responsibility for the content of your website, the information transmitted and stored concerning their holdings, hypertext links from third-party claims and legal actions that can trigger across a reference to property intellectual, personality rights and child protection.
The customer is responsible for laws and regulations and the rules that deal with the operation of on-line service, e-commerce, copyrights, maintenance of public order, and universal principles of Internet use.
8. The client will indemnify YSI for expenses that it had for imputing some cause which responsibility was attributable to the client, including fees and expenses of YSI's attorneys, even if not definitive judicial decision.
9. Customer is prohibited to access, modify, view the configuration, structure and file servers Yes Systems. Any problems that might occur on servers and security systems as a direct result Yes Systems of negligence in the client, it will respond by civil and criminal liability that might correspond.
10. Due to the shared hosting services / products the customer must develop and manage your service / product respecting the technical standards set forth by Yes Systems. So that if Yes Systems warns, detects and / or check on their maintenance an abusive use of the service by excessive consumption of memory, CPU or any other deterioration that slows down the server on which it is located, so manner detrimental or lead to an impairment in the service or the rights of clients or third parties that share the server client, Yes Computer Systems will notify the customer to proceed to recruit more or consumer to pay it difference .
Yes Computer Systems owns all copyrights, trademarks, intellectual property rights, know-how and any other rights related to the service / product purchased, as well as the computer programs needed for its implementation and information it get on it.
The client must respect the use by others programs made available by Yes systems even if they were free.
The customer, under this contract shall not acquire absolutely no rights or licenses in connection with the service / product, the computer programs required for the service nor on the technical information service trace, except for rights and necessary for the performance of this contract and only for the duration of the licenses.
For any action that exceeds the performance of this contract require written authorization by Yes Systems.
The services contract will end when, in addition to the causes legally established and arranged in the various clauses of this contract, any of the following:
a) mutual agreement of the parties.
b) Completion of the initial term or successive extensions.
c) Termination for breach of any of the parties of the obligations under the contract.
d) When either party is in bankruptcy or receivership.
If the customer default was due to the termination of the contract, as provided for in paragraph c, Yes Systems reserves the right to terminate in advance this contract and, therefore, to deprive the client of the service / product hired without notice and without the customer is entitled to compensation or reimbursement of any amount.
In the event of termination or rescission of the contract, for the reasons mentioned above or any others envisaged by law, the customer must fulfil the obligations assumed prior to the termination of the contract against Yes systems and third parties.
Yes Systems reserves the right to modify, in any case, the characteristics and conditions of their services / products, always in development and benefit the service itself. For it should not serve more formality than to inform the customer with an email.
Without prejudice to the provisions of the preceding paragraph Systems Yes communicated in writing these modifications in the shortest possible time for adaptation by the customer.
The client, once informed of the modification by Yes Systems, has a period of 15 days from receipt of such notice, to terminate the contract if you do not agree with the new circumstances, after this term without communication counter customer You agree to the new conditions.
LIMITATION OF WARRANTY AND LIABILITY
Yes Systems In no case, nor the managers and senior officials, managers or workers dependent liable in any directly or indirectly related to the use made by the customer service systems Yes.
If any of the above conditions is declared null and void, in whole or in part by any court or competent authority the remaining provisions shall remain valid unless the parties discretion decide to terminate the contract.
APPLICABLE LAW AND JURISDICTION
In matters not covered in this agreement, as well as the interpretation and resolution of conflicts that may arise between the parties as a result thereof, it will apply Spanish law.
Should there any conflict or difference between the parties on the interpretation and execution of this contract and not resolved by mutual agreement, the parties may will undergo judicial proceedings in this case it shall be made to the jurisdiction of the Courts and Courts of Barcelona, expressly waiving their own jurisdiction in cases that procedural rules permit, to be another.