AZALOREA, LIMITED LIABILITY COMPANY, AZALOREA, domiciled in the future in Barcelona, Sardenya street, number 229, 5º 2ª, (08013), with CIF B64229032, decides to formalize the present CONTRACT OF BENEFIT of SERVICES of LODGING, and it is committed to serve contracted by the USER, in agreement with the following CLAUSES:
The present Contract intends regular the conditions in which the USER accedes to the services of lodging Web developed by AZALOREA, as well as for determining the conditions and form of remuneration of the same.
2.1. - Use. The present Contract will in force enter the same day in which AZALOREA comes to the activation of the contracted Service.
2.2. - Duration. The duration is understood with indefinite character; being subject to the fulfillment of on both sides contracting the contractual obligations. The USER will have a term of thirty (30) days natural, as of the date of high initial of the Service, to solve the present Contract.
After the exercise of that right, AZALOREA will refund to the USER the quantity phelp by the benefit of the Service; in no case it will be able to refund to the USER the quantity disbursed for discharge of the Services.
2.3. - Resolution. - Both parts will be able to at any time solve the Contract by means of the notification in writing, with a term noninferior to fifteen (15) days. When the Contract is solved in this way, the USER will have to pay all the served by AZALOREA until the moment of the resolution.
2.4. - Extinction. - This Contract will finalize when, in addition to by the established general causes in the applicable legislation and by breach of the arising obligations of this one, some of the following concurs:
a. - Mutual Agreement of the parts.
b. - When anyone of the parts is in situation of bankruptcy or suspension of payments.
3.1. - Prices. - The tariffs of the offered Services appear in the conditions of each Service, being known and accepted specifically by the USUARIO.Las tariffs they do not include IVA, reason why the USER commits himself to satisfy the corresponding IVA.
3.2. - Excess of the limit of monthly data transfer. - If the USER, in the use of the Service, surpasses the rate of contracted monthly transference, he will separately realise the payment of the same according to the effective tariffs. These not incorporated payments, that is to say, in the price of the contracted Service, have a cost and monthly payment, independent of the form of payment selected by the USER.
3.3. - Form and Means of payment. - The payments will be realised by means of debit, banking transference or payment with credit card by footbridge Web if this available one. The amount of discharge and putting at the disposal of the service will be pleased in advance; either through banking transference, with credit card by footbridge Web if this available one or in cash.
AZALOREA reserves the right to temporarily suspend the Service before any incidence undergone in the collection and/or for want of payment until the resolution of the same.
To this end, one will notify the USER, by the habitual channels of notification between the parts, so that he comes to solve this incidence. In case of to be unheeded this notification, passed five (5) days natural, the mentioned temporary suspension will take to end.
If the USER did not come to his payment, after the previous warning and from the temporary suspension, he will drop from the rolls definitive passed five (5) days natural by breach of the Contract on the other hand.
AZALOREA will not be responsible for any damage or damage caused directly or indirectly to the USER by the suspension of the service.
5.1. - Obligations of AZALOREA. - In his relations with the USER, it will have to act with the which had diligence, loyally and of good faith.
- It is committed to offer, with all the means to his reach, the services optimally, striving so that the same can be developed during 24 hours to the day, the seven (7) days of the week, of the possible safest way, with the exception of the incidences that take place outside their control. - The right is reserved to interrupt the Service contracted based on technical repairs and maintenance of the equipment, as well as for the improvement of the own Services. In any case, it will notify the USER, by the habitual communication channels between the parts and will realise his maximum efforts so that, such interruptions, affect of minimum form to the same. - It is committed, faithful to his commitment of quality and security, to offer the guarantees with respect to the levels of security and confidentiality picked up in this contract.
One does not take responsibility:
- Of the errors produced by the suppliers of access of the USER. - Of the integrity of the information stored or transferred through its Resources or of Internet. - Of any direct or indirect damage, that the USER could cause to third parties. - Of the nonauthorized access by third parties to information of the stored USER; although AZALOREA has established reasonable measures of protection. - Of the replacement of the contents saved through backup copies, when it is caused by cause imputable to the USER. - Of the contamination by virus in its equipment, whose protection is incumbent on the USER. - Of the manipulation and defective configuration carried out by the evil use of the USER of the contracted services. - Of losses of data, interruption of business or any other damages produced by the operation of the Services not to fulfill these with the expectations of the USER. - Of the availability of the Services continuous and uninterruptedly during the period of use of the Contract, due to the possibility of problems in the Internet network, failures in the equipment servers and other possible unforseeable contingencies. - Of the infringement of the security systems of the USER or the immunity of the communications when these are transported through any networks of telecommunication. - Of the deteriorations of the equipment (terminal of the USER) or badly use (responsibility of the USER).
5.2. - Obligations of the USER. - It must fulfill all the terms and conditions of this Contract and in addition it will have to act loyally and of good faith. Conditions of use of the Service. - The use of the opposite Services to the good faith and, in particular, declarative, and for a reason or purpose nonlimiting is prohibited:
- The use that is opposite to the Spanish laws. - The transmission of any content that is violent, abusive, illegal, racial, slanderous xenophobe or. - Cracks, serial numbers of programs or any other content that harm rights of the intellectual property of third parties. - The transmission or storage of any content of which the USER does not own the rights that the Law of Intellectual Property 22/1987 of 11 of November regulates. - The collection and/or use of personal data of other users without its express consent or contravening the arranged thing in Statutory law 15/1999, of 13 of December, Protection of Personal Character data. - the USER commits himself to conserve login and inherent passwords to the contracted service. The use of these identifiers and the communication, even to third people, takes place under the only responsibility of the USER. - the USER has the total responsibility of the lodged content, being therefore only person in charge of the legality, suitability and exactitude of the transmitted and stored information, the vindications of third parties and the legal actions that can trigger in all the reference to intellectual property, rights of the personality and protection of minors.
If as a result of the development in constant R+D, as well as of the technical and technological advances that take place in the Services of the society of the Information, changes in the Services would take place, it would be come to realise the modifications that will be necessary, if AZALOREA considered it advisable, for the adaptation to these advances, always developing and benefit of the own Service and the rest of users.
To this end, it will notify to the USER by habitual means of communication between the parts. This, once communicated the modification on the part of AZALOREA, it has the term of 15 days to solve the Contract. Passed this term, without communication against, it will be understood that it accepts the new conditions.
The breach of obligations will not be imputable to the part if such breach must, in spite of the diligence due of the part: to causes of greater force such as wars, revolutions, disorders public, natural disasters, fires, explosions, strikes, lockouts, or are outside their reasonable control.
In case the duration of such causes is superior to a month, anyone of the parts will be authorized to solve the Contract.
During the use of the present Contract and exclusively for the benefit of the Services object of the same, AZALOREA grants to the USER the not-exclusive and nontransferable right to use the assigned Resources, to the only effects, of the established thing in the present Contract. The benefit of the Services does not imply, therefore, transmission and/or cession some of any rights that could fall on these creations in favor of the USER.
The USER accepts and shows that, with respect to these creations, they exist or they can exist license terms that will have to accept and to respect in its integrity.
The USER, by virtue of the present Contract, does not acquire absolutely any right or licenses with regard to the Service, of the necessary programs of computer for the benefit of the same, nor either on the technical information of pursuit of the Service, exception done of the rights and necessary licenses for the fulfillment of the present Contract and only for the duration of the same.
9.1. - Data processing. - All the picked up data will be used with the limitations and rights that Statutory law 15/1999 grants, of 13 of December of Protection of Data of CarÃ¡cter Personal (LOPD). The treatment and management of the same fulfill the stipulated thing in Real Decreto 994/1999, of 11 of June, by that the Regulation of safety measures of the automated files is approved that contain personal character data
9.2. - Files of personal Character data. - In case the USER stores files of personal Character data, he will have the consideration of Person in charge of the files of data in accordance with the arranged thing in article 12 of Statutory law 15/1999, of 13 of December, Protection of Personal Character data.
The access to the data on the part of AZALOREA will become according to the instructions that to the effect the USER as Person in charge of the Files provides, without use can be done of the data for a purpose different from which is object of this contract, consisting of the benefit of the service of lodging.
9.3. - Safety measures. - AZALOREA is committed to adopt and to maintain the organizational and technical measures that it considers necessary in order to protect his privacy and confidentiality, preventing any alteration, loss, treatment, processing or nonauthorized access.
AZALOREA assumes the obligation specifically to implant the safety measures of the data to that article 9 of Statutory law 15/1999 talks about, of 13 of December, in order to prevent their alteration, loss, treatment or nonauthorized access, in agreement with the state of the technology, the nature of the data and the risks to that the same are exposed. AZALOREA will, at least, adopt the safety measures of the data corresponding to the basic level, that appear defined and enumerated in articles 8 to 14, both inclusively, of the Regulation of Safety measures of the Files that contain Personal Character data, approved by Real Decreto 994/1999, of 11 of June.
8.1. - Confidential information. - The contracting Parts recognize that the information to which they have access is, and will be received, with a strictly confidential character and could only be used in accordance with the stipulated thing.
8.2. - Nonrevelation. - AZALOREA specifically assumes the obligation of not communicating to other people or organizations the personal character data including in the files. This Information could not be revealed nor be used in form different from anticipated here, the safe one in those cases in that this revelation prevails by legal or prescribed requirement that is outside the reasonable control of the contracting Parts.
In particular the Parts, and who she stops will serve of labor or professional nature, assume strictest to have of confidentiality on all the information, confidential or no, technique, economic, financial, commercial, on mercantile relations between the Parts or these and third parties
8.3. - Return of the communicated data. - Once fulfilled the purpose for that they communicate, AZALOREA will give back to the USER or Person in charge of the Files, the data; as well as any support or document in which anyone of the communicated data consists. It is understood fulfilled the purpose for that the data communicated, among others causes, the extinction of the present contract.
12.1. - Applicable legislation. - In not anticipated in this Contract, as well as in the interpretation and resolution of the conflicts that could arise between the parts as a result of the same, it will be of application the Spanish legislation.
12.2. - Competent courts. - If it got to arise some conflict or it differentiates between the parts in the interpretation and execution from this Contract, the parts are put under express form the Courts and Courts of Barcelona, Spain, with resignation to their own charter, if this one outside another one.