Object, modifications and benefits:
1.1. The present general conditions, together with the particular conditions, the corresponding descriptions of benefits and the lists of tariffs, which in each case are established, will regulate the provision by Facilcloud.com of the services of web hosting, domain name registration , Servers, e-mail service, applications and computer tools, as well as other services that in the future could be offered to the CLIENT in exchange for the corresponding remuneration to be met by this one.
1.2. Facilcloud.com may modify the content of this contract by accepting the CLIENT. Acceptance of the modification of the contract will be considered provided that the CLIENT does not reject within four weeks after receipt of notification of the modification. Facilcloud.com will provide the CLIENT with the consequences of the non-opposition together with the modification information.
1.3. The present general conditions will prevail over any general condition that could be claimed by the CLIENT, except in an express agreement to the contrary, in which it is stated in writing the acceptance of those by Facilcloud.com.
1.4. These general conditions will also apply to future business that may arise between the parties.
Rights and obligations of the parties:
2.1. The CLIENT shall have the right to use the contracted service or services in accordance with the general and particular conditions that are agreed upon in each case.
2.2. You must use the service or services contracted according to the conditions agreed between the parties, the current legislation and good faith.
2.3. You must meet the remuneration agreed for each service or services in the terms and forms contained in the particular conditions and price lists.
2.4. The CLIENT shall provide Facilcloud.com with the correct and complete information. It is obliged, therefore, to inform to Facilcloud.com immediately on any modification of the provided data and to confirm them again to Facilcloud.com, at its request, within a period of 15 days from the date of the modification.
Unless otherwise agreed, the following data shall be provided:
Full name, address, e-mail address, telephone, service holder, payment details (either credit card or Paypal) and the holder of the payment data. In the event that the CUSTOMER is a legal entity, it will also request its legal form.
2.5. The CLIENT has full responsibility for the content of its website, the information transmitted and stored, its holdings, hypertext links, third party claims and legal actions that can trigger. Ultimately, the CLIENT is responsible for the laws and regulations in force and the rules that have to do with the operation of the online plan, electronic commerce, copyright, maintenance of public order, as well as universal principles of Internet use.
2.6 The use of hosting plans is prohibited in a manner contrary to good faith and, in particular, not exhaustively:
The use that is contrary to the laws of each country or that infringes the rights of third parties.
The publication or transmission of any content that, in Facilcloud.com´s opinion, proves to be violent, obscene, abusive, illegal, xenophobic, defamatory or inappropriate.
Cracks, serial numbers of programs or any other content that violates intellectual property rights of third parties.
The use of the mail server and / or its e-mail addresses for the purposes of spam, mail bombing, phishing, escrow fraud, scam 419, pharming, dissemination of viruses (trojans, worms, etc.), or any other type of Activity carried out with sabotage, fraudulent or criminal. Facilcloud.com expressly advises CLIENT that its outgoing emails will be automatically filtered by Facilcloud.com to detect such activities.
2.7 The web space offered can only be used for web content and applications. In this sense it is not allowed to make backups - commonly known as "data backups" - or data storage if they are not directly related to the contents and applications of said web space, Except the dedicated solutions in which you can use the space of Disc to freedom.
2.8 In case of violation of any of the obligations indicated in points 2.4, 2.5, 2.6 and
2.9 Facilcloud.com shall have the right to terminate the contract with the CLIENT without being entitled to any claim. Facilcloud.com has the right to interrupt the provision of the service upon written notification 48 hours in advance, which may also be made via e-mail.
2.10. Facilcloud.com guarantees the service or services contracted in the manner provided in these general conditions and, where appropriate, in the established in the particular conditions.
2.11. The CLIENT shall not have the right to demand that the same IP address be assigned to the server for the entire term of the contract.
2.12 For each Internet domain of the CUSTOMER, only one fee of Facilcloud.com may be applied.
2.13 Unless otherwise agreed, every client has a "CPU Cycles" quota that is equivalent to a portion of critical server resources (RAM and CPU) if their domain (s) generated a higher amount than the contracted one, Domains to a superior solution prior written notification 48 hours in advance as a reference 1000 CPU cycles are approximately equivalent to the consumption of a website with 1000 hits per month.
2.14 The CLIENT will choose a specific rate when making the order. Unless otherwise agreed, a combination of different offers is not possible.
2.15 Facilcloud.com may limit, provisionally interrupt or even permanently cancel access to its services when it is necessary to secure the network service, maintain network integrity and, in particular, avoid serious network interruptions, Of the Software or saved data. These interruptions will be communicated, as far as possible, in sufficient time to the CLIENT through www.Facilcloud.com or via e-mail. The above obligation will not be required of Facilcloud.com in case of force majeure or if there is a fall in the data network that serves as a basis for the provision of the same other than its will and control.
2.16. Facilcloud.com is not responsible for:
A) Content hosted in the space allocated to the user by the service.
B) The possible damages in the equipment due to the incorrect use of them (responsibility of the CLIENT).
C) Damage due to a virus infection of their equipment.
D) The errors produced by the access providers.
E) Any illegitimate interference by a third party.
F) Faulty configuration by the CLIENT.
2.17. Facilcloud.com may assign the rights and obligations contained in these general conditions to one or more third parties. In this case, the CLIENT can resolve the contract without deadline.
2.18. Facilcloud.com will freely choose the technical means, which may be related to the technology and / or infrastructure, in order to facilitate the delivery of the services provided.
2.19. Facilcloud.com will not be responsible for damages of any nature that could be caused to a third party or to the CLIENT as a result of the improper or illegitimate use of the services by the CLIENT.
2.20. Any claim of the CLIENT to Facilcloud.com must be submitted within a period that can not exceed two weeks, once the CLIENT has become aware of the defects and interruptions in the claim. The communication must be in written form, which may also be done by electronic mail if the CLIENT adds to the claim their full name, identification number of identity document, address, e-mail address, telephone number as well as the owner of the service, and Provides the electronic document of an electronic signature, in accordance with current regulations. The claim of defects and interruptions not warned in time is excluded.
The complaints should be addressed to the following e-mail address: firstname.lastname@example.org
After notifying Facilcloud.com of defects and interruptions, objects of the claim, the CLIENT will grant Facilcloud.com a period of 20 days to restore the correct operation of the service. During this period, the CLIENT may not exercise any action against Facilcloud.com nor terminate the contract due to such defects and interruptions.
2.21. Facilcloud.com will only be liable for damages incurred as a result of breach of an essential contractual obligation (cardinal obligations) by Facilcloud.com or one of the persons Facilcloud.com serves to fulfill its obligations, Jeopardizing the contractual object, or damages that are due to an intentional or grossly reckless behavior of Facilcloud.com or one of the persons Facilcloud.com serves to fulfill its obligations. If the breach of an essential obligation of the contract (cardinal obligation) does not occur in a seriously unwise or intentional manner, Facilcloud.com´s liability is limited to the amount of damage that was reasonably foreseeable for Facilcloud.com to conclude the contract.
2.22. The CLIENT accepts the responsibility to make periodic backups of its website and / or databases, unless otherwise agreed. Facilcloud.com will perform server backups for disaster recovery purposes, however they do not guarantee the restoration of your website data in the event of a failure or accident.
In all other cases where, due to the application of the relevant contractual clauses or by legal imperative, a liability of Facilcloud.com is given, and except for mandatory legal provisions against, the quantification of such liability will be limited to the corresponding part of the consideration Paid by the CLIENT.
Licensing, Intellectual Property:
Facilcloud.com is the owner of all copyrights, trademarks, intellectual property rights and any other rights related to the services contracted by the CLIENT, as well as the computer programs necessary for its implementation and the information it obtains on the same.
The CLIENT must respect the programs of use of third parties made available to him by Facilcloud.com even if they are free, of which Facilcloud.com has the necessary exploitation rights.
The CLIENT, by virtue of this contract, does not acquire any right or license with respect to the services provided, the computer programs necessary for the provision of the service or the technical information for monitoring the service, except for the rights And licenses necessary for the fulfillment of this contract and only for the duration of the same.
The CLIENT agrees to ensure that any user of the programs respects the license agreement. The CLIENT can only use the programs on a computer simultaneously. A "use" of the programs will be considered when they are in the main memory or in a means of archiving of a computer. A program that is only installed on a network server for the sole purpose of distributing programs will not be considered used.
For the use of the software provided by Facilcloud.com for a product without additional consideration, the CLIENT must activate it using a license code facilitated by Facilcloud.com. The license code will be valid for 6 months, after which activation will no longer be possible.
Rates and method of payment:
3.1. The rates included in the tariff lists are fixed. The rates depend on the choice of the agreed rate, contained in the corresponding particular conditions. If independent rates have been agreed upon, Facilcloud.com will be able to establish a prepaid system. The rates that are related to the use or consumption will be invoiced after the rendering has been performed.
3.2. Facilcloud.com can increase the amount of the rates. For the validity of the increase requires the consent of the CLIENT, which will be granted if the CLIENT does not declare its disagreement with said increase, within four weeks of its written notification, sent by email email@example.com If Does not declare its disagreement, will alternatively have the right to terminate the contract during the same term, after which, the contract will continue its validity with the new rates without possibility of resolution by the client.
3.3. All prices, costs and fees indicated in these general and / or particular conditions include any corresponding tax, according to the applicable legislation at any time.
3.4 If there is a change in the taxes applicable to the agreed services, Facilcloud.com will be able to adapt its prices accordingly.
3.5. Invoices will be issued and sent to the CLIENT under your express request and coverage of shipping costs.
3.6 Depending on the service provided and the payment method facilitated by Facilcloud.com, the payment of invoices will be registered in the bank account indicated by the CLIENT or will be charged to the bank card number provided by the CLIENT. The CLIENT expressly authorizes Facilcloud.com to perform this domiciliation or debit card charge for the entire duration of the contractual relationship.
3.7. In case of non-payment of the invoice, the CUSTOMER will bear the costs of all payment requests, as well as the cost of returning the bank receipt and all other expenses incurred for that reason attributable to the CLIENT, including fees and expenses. The lawyers of Facilcloud.com.
3.8 Facilcloud.com reserves the right to suspend services rendered before any incidents experienced in the collection of the service and / or non-payment. If the CLIENT does not proceed to regularize the payments within the following 20 calendar days, Facilcloud may immediately and definitively cancel the service, resolving the contract with the CLIENT for breach.
Offer, formalization and extension of the contract:
4.1. After the telephone request or sending the request by the CLIENT, Facilcloud.com can accept the contract request within a period of 14 days.
4.2. Unless otherwise agreed, the contract has an unlimited period of validity.
4.3. If the contract is signed for a certain period or a minimum period of validity has been agreed upon with the CLIENT, it will be extended in each case for the agreed time or for the minimum period, but for a maximum of one year, as long as it is not waived With a deadline of four weeks before the agreed time or the end of the minimum period. The foregoing shall apply unless otherwise agreed in the particular conditions.
Termination of the contract:
5.1. The contract may be terminated by mutual agreement of the parties.
5.2. Facilcloud.com may terminate the contract when a period of validity of up to 6 months is left, with a notice of 1 month; When the remaining period to be fulfilled was between 6 and 12 months, the notice will be 2 months and in longer periods with a notice of 3 months.
The contractual relations between Facilcloud.com and the CLIENT that do not have a determined duration, can be terminated by any of the parties at any moment without necessity of justification some. Said termination shall take effect on the last day of the month following that in which the termination is notified to the other party.
Facilcloud.com is not responsible for the client´s data once the service is suspended, the machine can be removed after three months, having made the notifications and corresponding warnings.
5.3. Any resolution requires for its effectiveness the written form, which will also be considered fulfilled by the communication by facsimile.
5.4. If the CLIENT requests additional benefits to the contract, the period initially agreed upon in the contract will be valid for the same. Additional benefits may be, according to the indicated waiver regulations, subject to separate waiver, otherwise the contract will remain valid.
5.5 Facilcloud.com reserves the right of admission, in circumstances in which it deems it appropriate, may decide whether or not to sell its products or services, without explanation.
Facilcloud.com will not tolerate any abusive behavior, abusive language or threats against any staff member. In breach of this policy, we reserve the right to suspend or permanently terminate your account (s) without prior notice and without any refunds. That is to say, Facilcloud.com may cancel, without right to reimbursement, to customers that do not comply with our service policies.
Personal data protection:
6.1 In accordance with current regulations on the protection of personal data, Facilcloud.com informs CLIENT of the existence of automated personal data files, for which Facilcloud.com is responsible.
6.2 Facilcloud.com expressly warns the CLIENT that the current state of development of the technique does not fully guarantee the protection of data in data transmissions in open networks such as the Internet. The CLIENT is aware that for technical reasons the provider has access at all times to the pages recorded on the network server and, if applicable, also to other CLIENT data stored there. Other Internet users may also be technically available to interfere in an unauthorized way in network security by controlling message traffic. The CLIENT will be totally responsible for the security of the data that he transmitted on the Internet and recorded on network servers.
6.3 The CLIENT gives his consent to Facilcloud.com so that he can treat his data in order to give him a better service. The CLIENT may at any time exercise the rights of access, rectification, cancellation and opposition, with respect to such data by writing to us by email at firstname.lastname@example.org.
Right of withdrawal:
7.1. When the CLIENT is a consumer and the contract is executed without the simultaneous physical presence of the CLIENT and Facilcloud.com (distance selling), the CLIENT will enjoy the right of withdrawal described in this section.
7.2. The CLIENT will have a maximum period of fourteen days to withdraw the contract by means of a written declaration, sent by fax, ordinary mail or electronic mail without penalty and without indicating the reasons. The term to exercise the right of withdrawal will start running from the day of the conclusion of the contract.
7.3. The CLIENT may exercise the right of withdrawal by sending a letter with the data mentioned in clause 2.4, as well as the data related to the service (Customer ID and contract number (s)), to the electronic address qos @ facilcloud .com.
7.4. The right of withdrawal of the CLIENT is extinguished in advance if Facilcloud.com, with the express consent of the CLIENT or at the initiative of the CLIENT, has already begun with the provision of the contracted service before the expiration of the withdrawal period. The customer does not have the right to withdraw if Facilcloud.com supplies him with goods made according to the CLIENT´s specifications or that are clearly designed according to his needs or if the CLIENT himself has ordered the provision of a service before the expiration of the term Of withdrawal (for example, immediate registration of a domain at the CLIENT´s wish). Neither does the CLIENT have the right to withdraw if Facilcloud.com provides you with software on a data carrier and the CLIENT disregards it.
Facilcloud.com grants the CLIENT a guarantee period of 30 days counted from the date of registration in the service, only in cases where there are justifiable faults on the part of Facilcloud.com. The CLIENT may terminate the contract and request a refund of the basic fee paid.
Once the case has been evaluated by Facilcloud.com and refunded, the amount returned to the CLIENT will not include additional expenses incurred, such as those accrued by domain names or by optional services contracted by the CLIENT.
For this, a written statement signed by the CLIENT will be necessary, sent to the email: email@example.com in which it expressly refers to the exercise of the guarantee. In any case, such declaration must be received by Facilcloud.com within the period of the indicated 30 days.
Each CLIENT may only use this faculty once, regardless of the number of services contracted by Facilcloud.com.
At the same time, it may not be applicable in any case for services contracted through promotional offers. To access the Guarantee of Reimbursement, the CLIENT must request their service without opting for the promotion in force during the discharge process.
The warranty period does not apply to dedicated server services, cloud servers, dedicated virtual servers, or dedicated dedicated servers.
Applicable law and jurisdiction:
9.1. As provided in this contract, as well as in the interpretation and resolution of conflicts that may arise between the parties, the United States law will apply.
9.2. The parties, expressly waiving any jurisdiction that, according to law may correspond, are submitted for the final resolution of all disputes arising from the contractual relationship to the courts or tribunals of the United States.
In case one or more of the stipulations of the contract are null, this will not affect the validity of the rest.