GENERAL CONDITIONS APPLICABLE TO SERVICE D Hosting
CmarTone Europe, S.L (in future CmarTone) with CIF B95004248 previously supplies their services - among others - through https://www.cmartone.com or to 2002, through http://www.webstudio.es
In future reference to the person will be made who contract anyone of the services of CmarTone as â€śthe clientâ€?.
The hiring of any served by indicated CmarTone next estimates the acceptance of the present conditions:
All the services of Hosting, Colocation or lodging of servers.
1. THE SERVICE
The service of Hosting or colocation served by CmarTone Europe, LIMITED LIABILITY COMPANY with CIF B9504248 (in future CmarTone)
The request/hiring and activation of any of the services of lodging of server and anyone of its options is estimates that the client has read and accepted the present conditions.
The service implies the lodging on the part of CmarTone of a server property of the client in facilities of CmarTone, own or rented, as well as the connectivity of this server with the traffic contracted during a minimum period of 6 (SIX) months. CmarTone reserves the right at any time to modify the physical location of their facilities and/or the server, previous notification to the client with a minimum advance of 30 days.
The client will manage the server of remote form by his own means.
The server will be in the premises of access restricted and equipped to the effect, with controlled temperature and superfluous systems of uninterrupted feeding.
The client will be able to accede to physically administer to his server soliciing the access in writing and with a minimum advance of 24 hours.
The present general conditions will in force enter the day of the date of accomplishment of the order on the part of the Client and will last minimum of 6 MONTHS to count in good condition from the effective date of entrance, unless the client contracts a cycle of greater invoicing (1 SEMESTER, 1 YEAR).
Finalized the period of initial duration of 1 trimester or 1 year, the present prorogued General Conditions will be understood automatic tacitly and, per successive periods of identical duration, unless anyone of the parts indicates its will of not renewing it, by means of written advance warning sent to the other part, at least 30 days ahead to the date of victory of the term initially agreed or, where appropriate, of anyone of their prorogations.
CmarTone will not be responsible in any case for the contents lodged in the systems of the client or contracted by the client, or are the contents property of the client or property of the clients of the client. The client is the only person in charge of the content, use and publication of the information and communications transmitted by means of the contracted services. When it is necessary the use of names of user and passwords of access for the use of all or some of the services, the client takes responsibility of the confidential treatment of the same, their exclusive use by the client and of a fraudulent use of the same by third parties as a result of the lack of diligence or confidentiality in the safekeeping of the same by the client. The services contracted with must be used exclusively with allowed aims. It is strictly prohibited the use of anyone of the contracted services to carry out enemy operations to the Law. We did not allow to execute or to implement services considered as of risk or potentially harmful, such as servers IRC, accounts shell and similars. Among others it will not have to use the service: In order to run services of streaming or massive unloading of archives. In order to send or to spread, slanderous, injurious, illicit to deceptions or that attempts against the human dignity or that they fail to fulfill or they violate confidentiality obligations, privacy, protection of personal character data, commercial, right secrets of industrial or intellectual property of third parties, rights of the consumers and users or any other right. So that it constitutes a violation or breach of the rights of any person or the violation or infraction of any type of having either legal obligation contractually or, extra-contractually or of any way. In disobedience of the instructions that CmarTone has facilitated to the client in relation to the use, installation and/or maintenance of the service. In order to compile or to reveal information on other people, including the directions of e-mail, without their consent. In order to send or to introduce virus, Trojans, worms or any other hostile, injurious or detrimental software, to realise spaming, I hack into computer science, bombing or any other activities that are or can be detrimental for the service or the network of CmarTone or their suppliers of connectivity, of the clients of CmarTone or third parties. So that it infringes the rights of another person on the trademarks or names of domain.
The client commits himself not to transmit Spam, neither asked for publicity nor massive mail or not using the server/servers dedicado/s contracted or by means of other services of shipment of electronic messaging or similar through which webpages, websites or domains of the client or the clients of the client lodged in the server are publicized/servers dedicado/s. In any case we will consider as person in charge our client. CmarTone will not deal in any case with the clients of the client. Before a breach of this clause, we will communicate such fact to him to the e-mail indicated when soliciing the service so that it solves the incidence in a term maximum of 24 hours and deactivates la/s cuenta/s of hosting implicada/s in the Spam and provided with accomodations in su/s server/servers. Before repeated violations of this clause or in case CmarTone determines that a deliberate and nonfortuitous action of Spam has been carried out, publicity nonasked for, shipment of massive or similar mail, CmarTone is reserved to the right to the immediate decontamination and without previous warning of the server cause and to demand the payment of a minimum amount of 500 Euros in concepts of expenses and damages. CmarTone also reserves the right to temporarily deactivate or to suspend the server of the client in case the Spam or massive mail brought about by the same/towards the same harms the integrity or yield of the network of CmarTone or their suppliers.
The client is the only person in charge to administer and to manage his server and/or the services contracted being used the tools that she considers opportune, except for agreement in opposite.
All incidence that reports the client or any request of the client who needs the direct intervention of a technician of CmarTone in the systems of the client for the resolution of this incidence will invoice to the established hour rate, unless the client has contracted CmarTone the administration of his server. Additionally the possibility is offered to the client of contracting to services of administration and/or management of systems.
The client will go to our personnel with the sufficient courtesy and will facilitate information, cooperation, and access sufficient to allow CmarTone to fulfill his commitments.
6. DIRECTIONS IP
To the activation of the service, they will assign to the client a determined number of directions IP that will be able to use during all the use of the contract. The client accepts that these directions IP are not property hers and that can use them only as part of the contracted service. The client will not have to use or to try to use in his server directions IP that have not been assigned explicitly him by CmarTone At the request of the client, CmarTone will assign to the client more directions IP, to the indicated prices, previous justification of his use in accordance with the norms of the RIPE. Finalized the service and/or cancelled the contract, the client is responsible to erase/to cancel/to terminate the names of domain registered as Host de DNSs before the opportune cash registers and/or to change directions IP assigned the same. Of not doing it in a maximum term of 5 days from the loss, cancellation or conclusion of the contract, CmarTone he will load to the client a minimum amount 180 Euros based on the time that requires CmarTone to take to end these works.
The payments take place between days 1 in advance and 5, with monthly, quarterly, semester or annual character, according to the service has chosen the client when contracting. In case the Client decided to stop in the use of the service contracted before the expiration of the last phelp period, CmarTone will already not refund the amounts phelp by the Client. In order to change to a server superior it will only have to pay to the difference between the periodic quotas and the quotas of discharge (if there are them). In case of non-payment or delay in the payment, CmarTone reserves the right to temporarily suspend served to the client with or without previous warning. Passed a maximum of 15 days from the temporary suspension, CmarTone will give by cancelled all contracted service and will come to the definitive erasure of all file of the existing client in their servers. In case of domiciled banking position given back pending payment in which its bank indicates as reason for the return the code 5 (by order of the client) and 6 (Disagreement with the amount), CmarTone the right is reserved to temporarily suspend served to the client with or without previous warning until half the payment of owed amounts CmarTone does not take responsibility of the consequences which the decontamination or definitive temporary suspension could be as a result of or from served due to a non-payment, delay in the payment, return of banking receipts or retrotracciones of positions in credit cards. CmarTone reserves the right to apply to a monthly surcharge of 3% before blackberry or delay in the payment.
8. RESPONSIBILITIES AND GUARANTEES
CmarTone is committed to serve Supplied with the had diligence, being used personal that credits to the due experience and preparation in accordance with the internal procedures of the own CmarTone
Connectivity SLA. In case of loss of real availability of the service of connectivity, CmarTone will refund to the client the percentage of discount on the monthly payment of the server in which it fails the connectivity according to the table and indicated formulas next.
Availability of the service Discount
98% to 99% - > 10% discount
96% to 98% - > 20% discount
90% to 96% - > 30% discount
96% minor - > 100% of discount
disp = 100 xs (T - Tc)/T
disp = % of availability of the service
T = monthly total Time
Tc = Time with total losses of connectivity, that will be the passed time
from the opening of the incidence on the part of the client and to
restitution of the connectivity of the affected server.
â€śAvailability on watchâ€? = connectivity availability
With the object of the calculation of the Availability of the Service, the time of duration of the incidence (Tc) will be computed since the client communicates the hardware failure in writing to CmarTone and until the moment at which CmarTone verifies the restoration of the service.
The availability guarantee on watch is not of application in case of lack on watch caused by:
- software failures.
- errors of configuration on the part of the client or similars.
- falls of the server of the client derived from an excessive or erroneous use of
external, similar and hardware failures or software.
- programmed maintenance that has been warned previously via email
or through the Web or of the center of http://support.CmarTone support
- works carried out in the server of the client on the part of the client
- works carried out in the server of the client on the part of CmarTone
ordered by the client
- circumstances other people's to the CmarTone control, including, without
of the CmarTone control, among others, the following elements
- the computer science system of usuario/s
- software of navigation or connection and accessories
- virus, Trojans, worms or any other hostile, injurious or detrimental software,
- public switched telephone network, RDSI, frame relay, cable, satellite and any other infrastructure of transport or telecommunications (including the propagation of DNS)
The availability guarantee on watch is not of application in case the client has failed to fulfill some of the clauses of the present conditions on the basis of whose breach CmarTone warning, previous has decided to deactivate to suspend to disconnect the server engaged by the client being mediated or no, according to the urgency and gravity. In order to obtain the compensation, the client will have to ask for it to CmarTone in writing passed a maximum of 72 hours natural since the incidence has been closed indicating: IP of the affected domain, date, aperture time of the incidence and all that one documentation that is asked for by CmarTone the compensation will be realised in the invoicing following to the request and approval of the same on the part of CmarTone the compensations are not cumulative from a month to another one. Despite the previous thing, the Client accepts especially that CmarTone cannot guarantee the uninterrupted use of the Services, considering that CmarTone must take to end routine tasks of maintenance, repairs, reconfigurations, updates and/or improvements of the Services and in attention to the fact that Internet is a decentralized global network of computer science systems, on which CmarTone does not have the absolute control. CmarTone reserves the right to temporarily deactivate or to suspend the server of the client in case it harms integrity, yield or security of the network of CmarTone or their suppliers, mediating warning that could be previous or not according to the urgency and gravity.
The Client is the only person in charge of:
i. The content, use and publication of the information and communications transmitted by means of the Services.
II. Losses or damages that affect to data or archives stored, transmitted or used in relation to the Service or the network of CmarTone
III. Violation or breach on the other hand of any norm that is applicable in relation to the use of the Service, including, among others, the dispositions and codes of self-regulation in the matter of protection of data, protection of the consumers and users, injurious and illicit rights of industrial or intellectual property, contents by Internet or unfair competition, effective at every moment.
IV. When it is necessary the use of names of user and passwords of access for the use of all or some of the Services, the Client takes responsibility of the confidential treatment of the same, their exclusive use by the Client and of a fraudulent use of the same by third parties as a result of the lack of diligence or confidentiality in the safekeeping of the same by the Client.
The Client is responsible before CmarTone and she commits herself to compensate to him by all the damages, I interest and denunciations in which this last one could she turns affected by a demand or claim of a third party interposed as a result of an infraction of the Client of the obligations that spring generally from the present contract and, given the condition of CmarTone intermediary, of which it is not direct consequence of a CmarTone breach of his legal or contractual commitments. CmarTone is committed to realise their better efforts, in the exercise of their functions, to support the good operation the Services but he will not be responsible for circumstances or events that are outside their control, such as the act of God or forces major. Force majeures or act of God will be considered as, without limiting character, the delay, failure, suspension or interruption of the Services as a result of the restrictions of energy, blockade of the telecommunications or the Internet network, action or omissions of third people, operators of telecommunications or provision, maintenance companies or transport or any other cause or independent circumstance of the CmarTone will that prevents the normal execution of the present contract. CmarTone cannot in no way take responsibility of failures in the service as a result of falls of the server of the client derived from an excessive or erroneous use from the resources from the same or the resources assigned to the same, external attacks or of third people, failures of software or similars. Backup copies. The client is responsible to administer his server and to realise backup copies of his server or to contract CmarTone the accomplishment of these backup copies. Still in case he contracts CmarTone the service of backup copies, it is responsibility of the client to realise and to maintain by his account one or several backup copies of the content that lodges in the services contracted CmarTone. If the client has not contracted the service of backup copies, CmarTone will not realise any backup copy type of the servers of the client. In such cases CmarTone it will not responsarĂˇ under any circumstance in case of failures or loss of information. In any case and if it were demonstrated that CmarTone has failed to fulfill their obligations of negligent form, the CmarTone responsibility is limited the return of the phelp amounts corresponding to the proportional part of the period nonconsumed.
8. PROTECTION OF DATA - RGPD
The client commits himself to respect and to fulfill his obligations of which they emanate of the Laws of Protection of Data, according to Statutory law 15/1999 of 13 of December, of Protection of personal Character data, Real Decreto 994/1999 of 11 of June, and to REGULATION (the EU) 2016/679 of the European Parliament and the Council of 27 of April, that is to say, the â€śGeneral Regulation of Protection of Data or RGPD) and any other dispositions that are applicable at every moment to the present Conditions as well as to served. The Client, as his person in charge of the file, will compensate to CmarTone by any loss, damages, I interest, sanctions or indemnifications that CmarTone is forced to satisfy, it can suffer or that it can incur as a result of a breach on the part of the client of the obligations of spring from the present Clause and/or the breach on the other hand of the effective dispositions at every moment, in the matter of Protection of Data. The Client authorizes and accepts that CmarTone will be able to introduce their personal data, their name and other details including in the Form of Order, a directory computer science file, whose person in charge and holder is CmarTone, for internal use and in order to facilitate to CmarTone the benefit of the services, unless the client gives concrete instructions in writing on the contrary, understanding that the execution of the mentioned Form implies its consent to take to end this treatment. The natural person who consists in the Form of Order has the possibility of exercising her rights of access, rectification, cancellation and opposition, in relation to its personal data, sending a writing to CmarTone will be understood by personal character data all information on an identified or identifiable natural person (â€śthe interested oneâ€?); identifiable natural person will consider itself all person whose identity can be determined, directly or indirectly, in particular by means of an identifier, as for example a name, a number of identification, data of location, an identifier in line or one or several own elements of physical, physiological, genetic, psychic, economic, cultural or social the identity of this person. The obtaining, treatment and/or access on the part of CmarTone to personal character data responsibility of the CLIENT within the framework of the present contract frames within article 28 of the General Regulation of Protection of Data, that is to say, data processing of personal character on behalf of a third party not considering itself in no case a data communication, and according to the arranged thing in this article CmarTone he is the one in charge of treatment of the data responsibility of the Client. Their servers, systems, facilities, etc are in SPAIN, within the European Union (CPD in ZAMUDIO - BISCAY) and realises all the data processings according to the General Regulation of Protection of Data, offering guarantees sufficient to apply appropriate the technical and organizational measures. The treatment that CmarTone of the data realises responsibility of the Client frames within the services of lodging (in its different modalities, hosting, servers, etc), domains and e-mail, taking place in any case treatments of lodging and transmission in a network of telecommunications of data not realising no other treatment as it can be the collection, structuring, diffusion etc, of the personal character data of the Client. The Client, as treatment person in charge, stores in the CmarTone machines, in accordance with these services, the information, data and categories of personal data that consider opportune according to their own instructions and is the only person in charge in determining the purposes, the objectives and means of the carried out treatments. The duration of the designation as in charge of treatment will last the same that the contract that originates it. CmarTone as in charge of treatment, assumes to have to fulfill the following obligations: - To use the personal data object of treatment, or those that gathers for its inclusion, only for the purpose object of this order. In no case it will be able to use the data for own aims. - To deal with the data in agreement with the instructions the Client in accordance with the contract of benefit of tie services. If CmarTone considers that some of the instructions infringes the RGPD or any other disposition in the matter of protection of data of the Union or the Member States, CmarTone will inform immediately to the CLIENT. - To take, in writing, a registry of all the categories of activities of treatment conducted by the Client in accordance with article 30 of the General Regulation of Protection of Data. - Not to communicate the data to third people, unless it counts on the express authorization of the Client, in the legally permissible assumptions. - Not to subcontract none of the benefits that comprise of the object in the present agreement. In order to subcontract with other companies, except for necessary the auxiliary services for the normal operation of the services of CmarTone, it will communicate in writing the Client, identifying of clear and unequivocal form the company subcontractor and its data of contact. Sub-contracting will be able to be carried out if the person in charge does not indicate his opposition within 15 days. The subcontractor, who also has the condition of in charge of the treatment, is also forced to fulfill the obligations settled down in this document for the one in charge of the treatment and the instructions that the person in charge dictates. The new relation corresponds to regular CmarTone, so that the new one in charge is subject to the same conditions (instructions, obligations, safety measuresâ€¦) and with the same formal requirements that he, with respect to the suitable treatment of the personal data and to the guarantee of the rights of the affected people. In the case of breach on the part of the subone in charge, CmarTone will totally continue being responsible before the person in charge with respect to the fulfillment for the obligations. - To maintain to have of secret with respect to the personal character data to which it has had access by virtue of the present order, even after its object finalizes. - To guarantee that the people authorized to treat personal data commit themselves, of form it express in writing and, to respect the confidentiality and to fulfill the corresponding safety measures, into which there is to inform to them properly. - To guarantee the formation necessary in the matter of protection of personal data of the people authorized to treat personal data. - In case people affected by the data processing responsibility of the Client exert the rights of access, rectification, suppression and opposition, limitation of the treatment, portability and to be object of decisions individualized before CmarTone this one will not together communicate it to the Client of immediate form, where appropriate, with other information that can be excellent to solve the request. - Notification of violations of the security of data CmarTone will notify the Client, without illegal delay, and in any case before the maximum term of 36 hours, and through e-mail, the violations of the security of the personal data to its position of which it has knowledge, together with all the excellent information for the documentation and communication of the incidence. The notification will not be necessary when it is improbable that this violation of the security that affects to the personal data responsibility of the Clients and that constitutes a risk stops to the rights and the liberties of the affected ones. - To support to the Client in the accomplishment of the evaluations of impact regarding the protection of data, when it comes. - To put at the disposal of the Client all the information necessary to demonstrate the fulfillment of its obligations, as well as to support in the accomplishment of audits when it comes. - To give back to the person in charge the personal character data once fulfilled the benefit. The return must tolerate the total erasure of the existing data in the CmarTone equipment. However, CmarTone can conserve a copy, with the data properly blocked, while responsibilities can be derived from the execution of the benefit. The safety measures implanted by CmarTone in their facilities/services are the established ones according to the evaluation of impact in the matter of protection of data realised and in any case it has implanted mechanisms stops: To guarantee the confidentiality, integrity, permanent availability and resilience of the systems and services of treatment. To recover the availability and the access to the personal data of fast form, in case of physical or technical incident. To verify, to evaluate and to value, regularly, the effectiveness of the technical and organizational measures implanted to guarantee the security of the treatment. Seudonimizar and to base the personal data, if so. In the case of the machines and servers responsibility of the client, CmarTone, as in charge of treatment has established the safety measures that are determined in the card of the services as well as in contracts of level on watch (ex, backup copies, coding of data, etc.). If the Client, according to the typology of treated data, its own evaluations of impact, conducted analysis of risk, etc. considers the necessity of the implantation of safety measures different superiors or, she must put it in CmarTone knowledge in order to value, advise, budget and put into operation these safety measures. CmarTone has designated a delegate of protection of data being able in touch to put through [email protected]
email or in the phone number 94 23 25 18 Obligations of the Client as person in charge of the treatment. It corresponds to the person in charge of the treatment: - The total responsibility of the election of the service (lodging, e-mail, etc.) and its modality, according to its evaluations of impact in the matter of protection of data and/or realised analyses of risks. - The total responsibility in determining the purposes, the objectives and means of the conducted treatments. - To give to the one in charge the data necessary to serve. - To realise the previous consultations that correspond. - To guard by the fulfillment of the effective norm in the matter of personal data on the part of the one in charge. - To supervise the treatment, including the accomplishment of inspection and audits.
Except for agreement in opposite, the minimum contract is of SIX MONTHS automatically deferrable.Anyone of the parts - the client or CmarTone - will be able to give by cancelled the present contract of services with a minimum advance of 30 days natural,
communicating it in writing to the other part, via email, Fax or letter. In case the Client decided to stop in the use of the service contracted before the expiration of the last phelp period, CmarTone will already not refund the amounts phelp by the Client.
CmarTone reserves the right to deny or to interrupt the services contracted by the client if the client incurs any conduct or activity that CmarTone considers that it violates some of the terms, set out norms and conditions in writing mediating communication, of previous form or not according to the gravity and urgency, and notwithstanding the faculty of CmarTone to solve the contract on watch in case of breach by the client of the present conditions, without it exempts to the client of the payment of the amounts owed at the time of the suspension, interruption and/or cancellation of served.
In the possible case that CmarTone cancelled or suspended the contracted service without the client has violated some of the present conditions, CmarTone will refund to the client the phelp amounts corresponding to the proportional part of the period nonconsumed.
In any case, CmarTone does not take responsibility of the consequences that could be as a result of the decontamination or definitive temporary suspension or from served.
The client will go to our personnel with the sufficient courtesy and will facilitate information, cooperation and information necessary to allow CmarTone to fulfill his commitments.
10. MODIFICATION AND INVALIDITY
CmarTone reserves the right to modify the present conditions at any time with the purpose of to adapt them to the effective legislation at every moment, to the evolution of the technology, to avoid illicit or fraudulent uses of the Service, to offer products and services of quality and to adapt them to the contracted technical obligations with third parties and that are essential for the benefit of the Services. The new conditions will be understood totally effective between the parts and replacing previous if the Client continues using the service contracted or the nonmanifest his opposition the same by means of notification sent in writing to CmarTone in the following 7 days to the date of publication of the conditions in the website https://www.cmartone.com CmarTone the right is also reserved to modify, in any way, the characteristics of its services, always developing and benefit of the own service, by means of warning to https://www.cmartone.com traverse. CmarTone will realise these modifications whenever suppose a benefit not only of the development of new technologies, but also of the operation of the company and the offered service. If any stipulation of this Contract will be declared null or without effect, total or partially, by any court or competent authority, the remaining stipulations will conserve their validity, unless the parts mutually decide the completion the contract.
The parts (on the one hand the client and, on the other, CmarTone Europe, LIMITED LIABILITY COMPANY) are put under, with whole resignation to any other charter that could correspond to them, to the courts and courts of Durango (Biscay), Spain.