Contract of the service “My Webpage?

Ref: MIPW_230518

On the one hand Tesys Internet S.L.U. (in future identified with its brand Solutions Thinks) with NIF: B-26309096 and head office in the c Surround number 16, Industrial estate the Portalada, of Logroño (La Rioja), Spain, Limited liability company Unipersonal constituted in Logroño before notary D. Eloy Menéndez-Santirso Suárez, registered in the Mercantile Registry of La Rioja, volume 477, book 0, folio 76, section 8, Leaf LO-7211.

On the other hand the contractor (in future client), legal natural person or whom the hiring form compliments and declares to know and to accept freely, after inquiring into the service and its operation, the present contract.

Both parts, Think Solutions and client, the terms and conditions established in the following are interested in formalizing the present contract accepting

CLAUSES

1º DEFINITIONS

Contract: it contains the clauses picked up in this document, as well as all additional information that on the service “My Webpage? takes shelter of way updated in the Web http://www.hosting-ehost.com/.

Name of Dominio (ND): set of characters that identifies a site of the Internet network with a direction (IP).

“My Webpage?: Service that consists of a tool through which the clients of Thinks Solutions will be able to create its webpage using resources as galleries multimedia, integration of social networks, etc.

Servants: computer science equipment offered by Thinks Solutions where the data and the information lodge that the client develops in the service “My Webpage?.

Control Panel: computer science tool that are sold with each service “My Webpage? and that allows the client to manage the resources and applications which it has this service, as well as to activate other additional resources.

Area of Cliente (AC): One is a computer science tool that is sold to each client, who allows him to control and to manage the contracted services, the invoicing of the same, as well as to carry out discharges, losses and modifications of the service “My Webpage?, to accede to the Control Panel and to realise consultations, suggestions and claims of authenticated form and so that each action generates a number of ticket that makes possible to the client its identification and to know its state.

Login and password: one is a system of authentication for the access to the Area of Client who guarantees that the access to this tool is safe, trustworthy, truthful and she always comes from the clients.

2º OBJECT

The present contract intends regular the conditions in which the client accedes and uses the Plan service “MY contracted Webpage?, as well as for determining the conditions and form of remuneration of the client to Thinks Solutions.

3º CHARACTERISTIC OF the SERVICE “MY Webpage?

3.1 the technical characteristics of the service “My Webpage? are permanently updated in the webpage of Thinks Solutions http://www.hosting-ehost.com/.

3.2 Piensa Solutions reserves the right to modify the characteristics and conditions of the service “My Webpage? regulated by this contract. For it will not have to fulfill more formality than the one to publish in his webpage, http://www.hosting-ehost.com/, this modification, informing to the client with a warning online and/or to send it by email electronic.

The client, once is communicated him the corresponding modification, has the term of 7 days to solve the contract if she were not in agreement with the new circumstances, obtaining the return of the payment of the not consumed proportional part. However, passed this term without communication in opposite it will be understood that it accepts the new conditions and, therefore, the loss before the victory will not give rise to return some.

3.3 the service “My Webpage? arranges, among others resources, of a Control Panel through what the client will be able to manage and to administer to the contracted service and the resources of this one.

3.4 the access to the service “My Webpage? will be able to be realised through AC or through Control Panel of the product.

3.5 the service “My Webpage? can go, or no, associate to a name of domain or a subdomain that the same client manages in Solutions Thinks.

In case of form subsequent to the hiring of the service “My Webpage?, the client would associate a name of domain or subdomain to a service “My Webpage? by engaged him, it will have to modify entrances DNS of the same, visualizing from then the content lodged in this service.

Each service “My Webpage? will only be able to be associated to an only name of domain, not being possible to associate a name of domain to two different services.

The loss of the service “My Webpage? to which a domain name had been associated does not entail the loss of this domain, which will have to transact the client independently.

The regulation of the domain names will be in force by its norm and its contract corresponding, available for its consultation in http://www.hosting-ehost.com/legal.

3.6 the client will be able to benefit from the gratuitous registry and/or renovation of a name of domain associated to “My Webpage? in the following cases (they are excluded multilingual names from domain, as well as transfers of domain names):

- In case the client had contracted to the service “My Webpage? with annual regularity and during the process of hiring and simultaneously to the same, the client would register in Thinks Solutions a new name of extension domain .es, .com, .net, .org, .eu, .info, .biz, .ws, .be, .com .es, .org .es or .nom.es, associating it to the service “My Webpage?, the registry of this name of domain will be gratuitous, as well as their successive renovations as long as the client manages it in Think Solutions and “My contracted Webpage? permanently maintains it associate to the service.

- In case the client had contracted to the service “My Webpage? and of form subsequent to this hiring would have associated to the same a name of extension domain .es, .com, .net, .org, .eu, .info, .biz, .ws, .be, .com .es, .org .es or .nom.es, the renovations of this name of domain will be gratuitous as long as the client manages in Thinks it Solutions and “My contracted Webpage? permanently maintains it associate to the service.

In both cases, the client will stop benefitting from the gratuitous renovations of the name of domain at the moment at which this domain in particular stops being associate to the service “My Webpage? to which there was it tie.

3.7 the service “My Webpage? includes by defect 5 accounts of mail POP/IMAP of 2 GB each, that the client will be able to activate in case she associates this service to a domain name, siéndole possible to contract to additional accounts of mail through S.A. or from the Control Panel of the service “My Webpage?.

3.8 the maximum time of availability of the messages stored in the folders “Trash or Papelera? and “Spam? of the mail accounts, will be of 30 days, counted from the moment of its reception in this account, so that Solutions Thinks does not take responsibility of the permanence of these messages once surpassed this term.

3.9 Each mailbox of mail associated to the service “My Webpage? has a maximum space of 2 GB of capacity, although it is possible to contract additional extensions of space for the same, in accordance with the tariffs picked up in Annex I.II and http://www.hosting-ehost.com/.

The client will be able to control the occupied space in each of his mailboxes of mail through the statistics that are to him in the Control Panel or programming the system of automatic warnings from the Control Panel of the service “My Webpage?, so that it knows when it has surpassed the space by the same indicated in each one of the mailboxes.

The client will have to consider that these statistics are updated automatically once to the day, reason why is possible that the occupied volume of a mailbox does not agree with the real occupation at the time of the consultation.

3.10 Those resources that offer of limitless form in the product “My Webpage? are designed for a rational use of the same and in agreement with the purpose of a service of lodging of these characteristics.

Consequently, Solutions Thinks reserves the right to establish some technical limits to the mentioned resources in the following cases:

The transference of the service “My Webpage? is limitless, with the only exception of which in the cases in that an excessive consumption of the same is detected (when reaching 250 GB/mes), it will be come to limit the bandwidth to 1MBPS during the remaining time until finalizing the natural month in course. At the beginning of the first next day of the natural month, the volume of transference will begin to enter itself again.

With respect to the ocupable disc space of immediate form, this one will be of 50 GB. However, in those cases in that the occupation of the space is realised gradually, when reaching a threshold of use of 75% of the space Web available at this moment, this one will free of charge be increased automatic and in 5 scales of GB/diarios until the use returns to be below 75%, being the maximum space total available of 100 GB. The verification of the use will be realised daily and the increase will at the most take place once to the day.

About those cases in that the mentioned limits are surpassed, Solutions Thinks will come to the temporary suspension of the resource affected until its rectification on the part of the client, in which case, it will be recovered the day after to have produced this.

3.11 the client will have to consider that when realising a change on watch of any Plan of Web Hosting that it had contracted in Thinks Solutions to the service “My Webpage?, will lose the information stored in the same, with the exception of the mail accounts.

3.12 the client has to his disposition, of up-to-date form, the general characteristics, tariffs and extensions available for his service “My Webpage? in http://www.hosting-ehost.com/.

4º PRICE AND Form of payment

4.1 the discharge in the service “My Webpage? is gratuitous.

4.2 By the availability of the service “My contracted Webpage?, the client will have to satisfy to Thinks Solutions the picked up corresponding price about this Contract and permanently updated about http://www.hosting-ehost.com/.

4.3 the regularity of payment of the service “My Webpage? will be monthly, quarterly or annual, according to which it has been the election of the client during the hiring.

The additional services contracted for the service “My Webpage? will have the same regularity (monthly, quarterly or annual) that the service “My Webpage? to which they are associated except in the case of the Certificates of Seguridad (SSL), which they are annual.

4,4 Form of payment: The payment of the service “My Webpage? will be always in advance at the time of its hiring and will be realised by means of banking transference or credit card.

The renovation of the service “My Webpage? also will be paid in advance, by means of debit in the checking account facilitated by the client (recommended practice) or through credit card.

In the case of the extensions or additional services, its form of payment will be by means of banking transference or credit card in his first hiring and its renovation will be realised of automatic form by means of debit (recommended practice) or through credit card.

The data necessary to realise the banking transference are facilitated in the hiring form when this option of payment is chosen, in any case this information will be sent to him by email electronic.

The payment by banking transference takes to an additional position of 2 Euros more IVA for expenses of management. In addition the client will have to send by fax, to number 941 20 26 96, the payment voucher.

As much for new hirings as for the renovation of existing products, the client authorizes specifically to Thinks Solutions to realise the positions of the corresponding amounts, in those cases in which the selected form of payment is debit or credit card, according to the data indicated in the hiring form.

Web Solutions will not initiate the managements regarding the corresponding request while it does not receive the amount of these services through indicated means of payment in each case.

The client, from S.A., will be able at any time to ask for the modification of the form of payment and/or its associate data.

4.5 By each banking return that takes place by causes imputable to the client, Solutions Thinks will acquire an additional tariff of 3 Euros.

4.6 the amounts mentioned throughout this contract, about their Annex and the webpage of Think Solutions do not include the Tax on Valor Añadido (IVA). However, the client will have to pay the IVA that corresponds to the contracted service.

4.7 Piensa Solutions reserves the right to suspend the benefit of the service contracted before any incidence undergone in the collection until the resolution of the same. If the client did not come to his payment after the previous warning and from the temporary suspension, she will drop from the rolls definitive of the service by breach of the contract on the other hand.

The decontamination by non-payment will suppose the elimination of all the data associated to the service “My Webpage?. If the client returned to contract this service, she will have to register all the data again.

The lack of payment of the extensions or mentioned additional services in the Annex of this contract, will cause the interrumpción of the service “My Webpage? to which they were associate.

4.8 Piensa Solutions reserves the right to modify the tariffs of its picked up service “My Webpage? in the present contract, its Annexes and http://www.hosting-ehost.com/. If the change went to the rise will notify to the client such modification before it is affected by the variation in the following invoice that is emitted to him, so that if it did not agree in accepting this change exercises the right to solve the present contract causing the loss of the service at the moment that finalizes the period that it had paid.

4.9 the client will be able to realise, through S.A., any consultation or request related to the invoicing and payment of the contracted service, as well as to accede to repositorio of issued invoices, that allows its impression him and unloads.

4.10 In case the client had the consideration of consumer and user according to the effective Spanish norm, he will be able to exert his right of dropping of the claim during the 14 first natural days from the hiring of the service.

For it, the consumer and user will have to send, within 14 days natural counted from the moment of the hiring, a request from the AC where it appears the following information:

- Its clear and unequivocal will to exert its right of dropping of the claim.

- The exact name of the service of which wishes to stop.

- The date in which it contracted this service.

Additionally, the consumer and user will be able to exert his right of dropping of the claim through model of form that incorporates Real Decreto Legislativo 1/2007, of 16 of November, by that the recasted text of the General Law for the Defense of the Consumers and Users is approved and other complementary laws. For it, he will have to make it arrive at Thinks Solutions signed properly, accompanied of photocopies of his NIF as means that assure unequivocally that the request comes from the own client.

Web Solutions will assign and send to the client a number of ticket by each request of dropping of the claim that receives. In case the request had been received in the legally established term and would be complimented of complete and correct form, Solutions Thinks will transact terminating it the corresponding service. Also, Solutions Thinks will come to reimburse the client, in the maximum term of 14 days natural since it had received the dropping of the claim request, the price that this one paid when contracting the service.

The client will have to consider the exceptions that the effective Spanish legislation in the matter of consumers and users she establishes for the dropping of the claim right.

4.11 the client will have a term of thirty (30) days natural as of the date of high initial of the service “My Webpage? to solve the present contract without incurring penalty nor cost some, not being applied this term of guarantee to the renovations of the contract.

The guarantee covers the amount with the main service, being excluded other concepts as contracted extensions and/or additional services after the initial hiring.

After the exercise of this right, “My Webpage? Thinks Solutions will refund to the client the quantity paid by the benefit of the service; in no case it will be able to refund to the client the quantity disbursed for registry of domain name because by the nature of the benefit it is impossible to take it to end, since the domain name will continue being property of the holder whose name is obtained.

This restoration in the assumptions in that will not come either the client had enjoyed the service, nor in the assumptions of contract breach on the part of the client.

Outside the term of guarantee to which this section talks about, the client does not have right to return some by the voluntary and advance cease of the contracted service, excepting those cases in which the effective legislation therefore she anticipates it.

This term of guarantee is not cumulative in any case to the right of dropping of the claim mentioned in the clause 4,10 and that the effective Spanish legislation recognizes the clients who, according to the same, had the consideration of consumers and users. In this sense, the dropping of the claim right is understood including in the first 14 days of the term of guarantee.

In the case of Certificates of Seguridad (SSL), due to the nature and characteristics of this service, considering that its hiring entails the total execution of the same and that is a customized service, the client it will not have right to the amount reimbursement some by the advance cease of the same. It will not be of application therefore the right of dropping of the claim regulated by the effective Spanish norm on consumers and users, when constituting the nature and characteristics of this service one of the exceptions to right saying.

4.12 Piensa Solutions issues its invoices of detailed form including all the concepts that conform it.

4.13 Piensa Solutions sends to its invoices of way Telematics with total legal validity since it uses for it the certificate class 2 To, accepted by the AEAT, of the National Factory of Currency and Timbre, fulfilling the effective norm in this matter and, therefore, guaranteeing the authenticity of the origin and the integrity of the content.

5º ENTRANCE In force, DURATION AND PROROGATION

5.1 the present contract enters in force at the time of its formalization, that is to say, when the client finalizes the hiring of the service “My Webpage? and has the possibility of acceding to the same, beginning Solutions Thinks to serve as of this moment.

5.2 the contract will last monthly, quarterly or annual, following the term of invoicing chosen by the client when contracting the service, from the formalization of the contract and will be prorogued of automatic form by identical periods of time.

In each tacit renovation copy of the present contract will not be sent, being understood always effective the published one then in the http://www.hosting-ehost.com/legal/docs/Contrato_Mi_Pagina_Web webpage, that picks up the present version.

5.3 the contract will not occur by finalized while the client does not come to terminate the “My Webpage? contracted from the section “services? of the AC. The loss will be automatic and it will take place at that same moment, which will have to be considered to avoid the loss of the information lodged in the servant.

The low volunteer of a service, produced prior to the paid victory, does not suppose the return of the not consumed proportional part, except in those cases in which the effective legislation she anticipates the opposite.

5.4 the additional services available for the service “My contracted Webpage? can activate or be deactivated at any time while this one is assets and to the payment current; however, if an additional resource has an additional monthly cost, the fact to deactivate it before it overcomes in advance paid month does not suppose the return of the not consumed proportional part.

6º OBLIGATIONS AND RESPONSIBILITIES OF THINKS SOLUTIONS

6.1 About its relations with the client, Solutions Thinks will have to act with the diligence due in the use of its commercial activity, loyally and of good faith.

6.2 Piensa Solutions cannot guarantee that the availability of the service “My Webpage? is continuous and uninterrupted during the period of use of the contract, due to the possibility of problems in the Internet network, failures in the equipment servants and other possible unforseeable contingencies.

The client accepts to support within the reasonable limits risks and imperfections or nonavailability of the servants, the used programs are technically complex and can that have not been made a will previously on all the possibilities that exist of use.

6.3 Piensa Solutions reserves the right to interrupt the service contracted based on technical repairs and of maintenance of the equipment, as well as for the improvement of the own services.

6.4 Therefore, the client accepts to support within the reasonable limits risks and imperfections or nonavailability of the servants and specifically resigns to demand any responsibility, contractual or extra-contractual, damages to Thinks Solutions by possible failures, slowness or errors in the access and use of the contracted service.

6.5 Piensa Solutions is not responsible what he is to him exclusively imputable to the client. The access and use of the service “My Webpage? is exclusive responsibility of the client, in such a way that Solutions Thinks does not become person in charge of no way (neither direct nor subsidiary) of any direct or indirect damage that the client could cause to third parties.

6.6 Despite the previous thing, if superior to 24 hours Thinks Solutions failed to fulfill the commitments assumed in this contract to serve inefficient during an uninterrupted period, the responsibility of Thinks Solutions will proportionally limit the return of the money acquired by the service “My affected Webpage? during this outage, calculated.

6.7 About no case Solutions Thinks accepts responsibilities derived from losses of data, interruption of business or any other damages produced by the operation of the service “My Webpage?, or not to fulfill this one with the expectations of the client.

6.8 Piensa Solutions does not realise backup copies of the lodged content in “My Webpage?, nor will take responsibility of the loss or the accidental erasure of the data including in this. In the same way, Solutions Thinks does not guarantee the replacement of these data.

6.9 “My Webpage? is a service of lodging shared with other products of equal nature and resources. For this reason, Solutions Thinks reserves the right to suspend, total or partially, the fulfillment of the contract in case it warns, detects and/or verifies in its workings of maintenance an excessive consumption of resources or any other alteration that slows down the servant in whom it is located, in such a way that it harms or it entails a reduction in the benefit of the service or the rights of the clients or third parties that with him share the servant

To this end, Solutions Thinks will realise a temporary suspension of the service. This circumstance will notify the client so that it comes to solve this alteration, and if once reinitiated the service was backslid in such circumstance of continued way or from bad faith, some will be come to a loss of the service without right to return of amount, to consider it a use abusive of the service “My Webpage?.

6.10 Piensa Solutions does not take responsibility:

- Of the content lodged in the service “My Webpage?.

- Of the errors produced by the access suppliers.

- Of the contamination by virus in its equipment, whose protection is incumbent on the client.

- Of the intrusions of third parties in the service of the client although reasonable measures of protection have settled down.

- Of the defective configuration on the part of the client.

- Of the evil use (responsibility of the client).

6.11 Piensa Solutions is exonerated of all responsibility by the consequences that the lack of operativity of the direction e-mail of the client or of not communicating the change of direction can produce, as well as by the disinformation that allege the client due to their own negligence at the time of maintaining assets this data.

6.12 Piensa Solutions offers, exclusively, in Castilian language, the contracts of its products, the additional documentation on the domain names, the procedure of hiring and all the information published in its webpage.

6.13 When finalizing the hiring procedure, Thinks Solutions stores in electronic format, a copy of the e-mail that receives the client, with the customized contract of the service.

7º OBLIGATIONS AND RESPONSIBILITY OF the CLIENT

7.1 the client must fulfill all the terms and conditions of this contract in the exercise of his professional activity, in addition she will have to act loyally and of good faith.

7.2 the client must satisfy the agreed remuneration, as she takes shelter in the clause fourth of this contract.

7.3 the client will not use the service contracted of an opposite way the good faith, the public order and the effective legislation.

7.4 In the cases in which a name of domain to the service is associated “My Webpage?, the client declares to be the legitimate holder of the same or to have the corresponding right of use, as well as to manage it through Thinks Solutions.

7.5 By means of the hiring of the service “My Webpage?, the client commits a:

- To watch the size consumed in its mailboxes of mail, with the purpose of to conduct the necessary battles if it considers that its increase is excessive. For such aim, the client has statistics in the possibility and Control Panel of forming automatic warnings that they alert to him when she surpasses a certain space in his mailboxes.

- To maintain operative, activates and updated the direction e-mail provided in the form of hiring for the communications with Solutions Thinks, since it constitutes preferred mass media for the agile and fluid management in the benefit of the asked for service. If the client wants to change to the direction e-mail facilitated in the hiring form as contact direction will have to do it through AC, with the own measures of authentication of this request, so that at no moment the communication between both contracting parts is interrupted.

7.6 the client is the only person in charge of the use and conservation of login and password of the AC since they are the necessary identifiers for the access to this tool and that they allow to contrast to Thinks Solutions the authentication of the access of the client and to facilitate the permission to the activities that are asked for. The use of these identifiers and the communication, even to third people, takes place under the only responsibility of the client.

7.7 the AC allows the client to realise, of form authenticated, managements on the contracted services, as to consult its data as client of Thinks Solutions, to accede to the issued invoices, to realise consultations, suggestions and claims, etc. The client will be able to identify and to know the state each battle conducted through S.A. by means of the ticket that Thinks Solutions assigns to each of these actions.

7.8 the client has the total responsibility of the content lodged in the service “My Webpage?, of the transmitted and stored information, its operations, the connections of hypertext, the vindications of third parties and the legal actions that could be triggered. Really, the client is responsible with respect to the laws and regulations in force and the rules that they have to do with the operation of the product on line, electronic commerce, rights of author, public maintenance of order, as well as universal principles of use of Internet.

7.9 the use of the service “My Webpage? of opposite form to the good faith and, in particular, of nonexhaustive form is prohibited:

- The use that is opposite to the Spanish laws or that infringes the rights of third parties.

- The publication or the transmission of any content that is violent, obscene, abusive, illegal, slanderous xenophobe or.

- Cracks, serial numbers of programs or any other content that harm rights of the intellectual property of third parties.

- The collection and/or use of personal data of other users without its express consent or contravening the arranged thing in Regulation (the EU) 2016/679, of the European Parliament and the Council, 27 of April of 2016 (RGPD). 

- The use of the service with aims of Spam, mail bombing, phishing, escrow fraud, scam 419, pharming, diffusion of virus (Trojans, worms, etc), or any other type of activity realised with sabotaging, fraudulent or criminal spirit.

7.10 the client will compensate to Thinks Solutions by the expenses that this one had to even impute to him in some cause whose responsibility was attributable to the client, including honoraria and expenses of the lawyers of Think Solutions, in the case of nondefinitive judicial decision.

7.11 the client, with the acceptance of the present contract, specifically allows the shipment of the invoices regarding the benefit of the service “My contracted Webpage? through telematics means, as she indicates the effective norm in this matter.

7.12 the communications between the client and the personnel of Think Solutions will have to observe the suitable correction in the forms.

8º GREATER FORCE

No of the parts will be responsible by the breach for the obligations derived from the contract when this breach is due to causes of Greater Force, nor will have right to indemnification some.

If the suspension in the benefit of the service by this circumstance is superior to 2 months this contract will be able to be cancelled at the request of anyone of the parts.

9º COMPLETION

9.1 the contract will finalize when, in addition to the causes legally established and the arranged ones in the different clauses from this contract, some of the following concurs:

- Mutual Agreement of the parts.

- Conclusion of the initial period of duration or the successive prorogations.

- Resolution by breach of some of the parts of the obligations derived from the Contract.

9.2 If the breach of the client were the cause of resolution of the contract, Solutions Thinks reserves the right to finish of anticipated form the present contract and, therefore, to strip to the client of the service without previous warning, without right to indemnification nor to return of amount some.

9.3 In case of rescission of the contract, by the causes previously mentioned or any admitted others in right, the client will have to fulfill the obligations assumed prior to the resolution of the contract against Thinks Solutions and against third parties.

10º INTELLECTUAL PROPERTY

Web Solutions owns all the rights of intellectual property and other necessary ones for the commercialization of the contracted product.

The client will have to respect the programs of use of third parties made his available by Thinks Solutions, although these would be gratuitous.

The client, by virtue of the present contract, does not acquire absolutely any right or only licenses on the contracted product, exception done of the rights and necessary licenses for the fulfillment of the present contract and for the duration of the same.

For all action that exceeds the fulfillment of this contract he will need authorization in writing on the part of Thinks Solutions.

11º CONFIDENTIALITY

11.1. All information or documentation that anyone of the parts contributes to the other developing and execution of the present contract will be considered confidential and exclusive of that contributes it and it will not be able to communicate to third parties without his consent.

11.2 the parts exclude from the category of confidential information all that one information that is disclosed by the part that owns it, that one that becomes public, that one that there is to be revealed in agreement with the laws or with a judicial resolution or imperative act of competent authority and that one that are obtained by a third party that is not under the confidentiality obligation some.

11.3 This obligation of confidentiality persists up to two (2) years after finalizing this contract. No of the parts will acquire no right on any information confidentiality or other rights of property of the other part as a result of this contract.

12º POLITICAL OF PROTECTION OF PERSONAL CHARACTER DATA

12,1 Object and scope of application.

Tesys Internet S.L.U. (in future, Solutions Thinks), in accordance with Regulation (the EU) 2016/679, of the European Parliament and the Council, of 27 of April of 2016 (RGPD), it shows the present Policy in relation to the treatment of the personal data.

This Policy will be applicable:

The user and/or client assume the responsibility of the veracity of the data by him facilitated, committing itself to that the same are certain and they are updated, not being able to use the identity of another person nor to communicate his personal character data unless he credits to have an authorization with legal validity. To such effects, the user and/or client will be the only person in charge against any damage, direct and/or indirect that he causes to third parties or to Solutions by the use of personal character data of another holder without its previous authorization Thinks, or their own personal character data when these are false, erroneous, are not updated or are inadequate. The user and/or client who communicates the personal character data of a third party will be responsible for to have successfully obtained the interested consent for the own one, as well as for the consequences on the contrary.

The user and/or client who communicates personal data to Think Solutions declares to be adult according to the arranged thing in the Spanish legislation, not having to provide data on the contrary to Thinks Solutions. Any data facilitated by a junior will require of the consent or previous authorization of its parents, legal tutors or representatives, who will be responsible for the personal data facilitated by the minors to their position.

The present Policy will be of subsidiary application in relation to other conditions on the collection or personal data processing that could settle down with special character and be communicated through forms of registry or contracts of the particular services, being this complementary Policy of the mentioned ones in what it was not predicted specifically in the same.

The use of the services of Thinks Solutions requires the express acceptance of the present Policy of protection of data.

12,2 Finn of the collection and treatment of the data by Thinks Solutions.

 Web Solutions has several files where it picks up and it stores the personal data that are communicated to him as their person in charge of the treatment. Next the purposes of the collection are indicated and personal data processing on the part of Thinks Solutions:

12,3 Adressees of the data.

They will be adressees of the personal data picked up by Thinks Solutions:

12.4. - Term of conservation of the data.

The conservation of the personal data on the part of Thinks Solutions will be realised during the term of time that outside strictly necessary to fulfill the purposes picked up in the present Policy, being maintained Solutions properly Thinks blocked these data in addition during the period in which responsibilities could be derived from their relation with the clients.

With respect to the data object of conservation according to Law 25/2007, of 18 of October, conservation of data regarding the electronic communications and to the public networks of communications, the period of conservation of the same will be the detailed one in this norm.

12.5. - Right of the users.

The rights of the users in relation to the collection and data processing on the part of Think Solutions are the following, recognized by the RGPD:

For the exercise of their rights, the users will be able to use the following routes:

Web Solutions reserves the right to acquire a canon by the administrative costs that are derived in the cases of unfounded or manifestly excessive requests by their repetitive character, as well as the right to refuse to act with respect to the same, according to the Art. 12,5 RGPD.

12.6. - International transferences.

About the case of services of Solutions Thinks that they require of the accomplishment of international transferences to make possible the benefit of the same, this circumstance will be indicated in the present contract, accepted of express form by this one of previous form to the same.

12.7. - Authority of control.

In the case of considering that the treatment of its personal data has not been realised according to the effective legislation, the users will be able to communicate it to the control authority that in each case corresponds. In Spain, the control authority is the Spanish Agency of Protection of Data, whose data of contact are published in http://www.agpd.es/portalwebAGPD/CanalDelCiudadano/contacteciudadano/index-ides-idphp.php

12.8. - Solutions as in charge of the treatment thinks.

In relation to the personal data with respect to which the client showed the condition of person in charge or in charge of the treatment, Solutions Thinks will treat these data according to the concordant Art. 28 RGPD and, when it is necessary for the benefit of the contracted services. Web Solutions will act in this case as in charge of the treatment, according to the indicated conditions next:

  1. In case Solutions Thinks must have access to the located resources of treatment in the facilities of the client, this one will be responsible to establish and to implement the policy and safety measures, as well as to communicate the same to Solutions Thinks, that is committed to respect them and to demand its fulfillment to the people who participate in the benefit of the services.

  2. When Solutions Thinks accedes via remote to the resources of data processing responsibility of the client, this one will have to establish and to implement the policy and safety measures in its remote systems of treatment, being Thinks responsible Solutions to establish and to implement the policy and safety measures in its own local systems.
  3. About the cases in which the service was rendered by Thinks Solutions about its own premises, Solutions Thinks will pick up in its Registry of Activities the circumstances on the data processing in the terms demanded by the RGPD, including safety measures corresponding to this treatment.  

12,9 Data of the person in charge of the treatment

Social denomination: TESYS INTERNET, S.L.U.

NIF: B-26309096

Head office: C Circunde 16, Industrial estate the Portalada, 26006 Logroño (La Rioja)

E-mail of contact: info@hosting-ehost.com

12,10 Data of contact of the Delegate of Protection of Data:

 delegadopd@hosting-ehost.com

13º LIMITATION OF GUARANTEE AND the RESPONSIBILITY

13.1 In no assumption Think Solutions, nor the managers and stops dependent positions, administrators, shareholders, agents or workers of her will contract responsibility some by cause, direct or indirect, related to the use that the client does of the service of Thinks Solutions.

13.2 the parts recognize that the putting in force of this contract, does not suppose no type of representation, delegation, guarantee or other agreements different from specifically described in this contract; and in agreement with it, all the terms, conditions, guarantees or other aspects implied by agreements or general regulation, are explicitly excluded until the limits allowed by the Law.

14º APPLICABLE LEGISLATION AND COMPETENT COURTS

14.1 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, will be of application the Spanish legislation.

14.2 If it got to arise some conflict or it differentiates between the parts in the interpretation and execution from this contract, and would not be solved in mutual agreement, the same will be solved at the request of anyone of the parts and after the communication in writing to the other, by means of arbitration in the Court of Arbitration of the Chamber of Commerce and Industry of La Rioja, the arbitration will be celebrated in Logroño and will be lead in agreement with the norms of the Spanish law of Arbitration 60/2003, 23 of December, and the Regulation of the Court of the Chamber of Commerce and Industry of La Rioja.

In case the conflict is raised by a consumer or user, it will be transacted under the procedure anticipated in RD 231/2008, of 15 of February, through what the By arbitration System of Consumption is regulated.

Each part will assume its own expenses in relation to the arbitration, although the indemnification and the expenses of the referees will be assumed of the way that establishes the by arbitration decision.

14.3 For the case that the arbitration did not get to be realised by mutual agreement or would be declared null, both parts are put under the Courts and Courts of the City of Logroño with resignation to their own charter, if this one were another one. In the case of consumers or users, one will be to the arranged thing in the effective procedural norm.

14.4 Of previous form to means of conflict resolution mentioned in the previous sections, in the case of consumers and users, the client will be able to direct his complaints and claims to Think Solutions, preferably through S.A. Web Solutions will assign to each complaint or received claim a number of ticket that it will send to the client, so that this one can identify it and know its state, committing itself Thinks Solutions to give answer to the same in the maximum term of a month since the client had sent it.

14.5 If the fulfillment of this contract is reasonably possible, will continue during the course of any discord and/or by arbitration or judicial procedure.

14.6 If any stipulation of this contract were declared null or without effect, wholly or partly, by any court or competent authority, the remaining stipulations will conserve their validity, unless the parts discretionarily decide the completion of the contract.

ANNEX I. CHARACTERISTIC TECHNIQUES, EXTENSIONS AND PRICES OF THE SERVICE “MY WEBPAGE?

Annex I.I CHARACTERISTIC AND TARIFFS OF “MY Webpage?

CHARACTERISTICS:

- Limitless disc space.

- Limitless monthly transference.

- 5 mailboxes of mail including, with 2 GB of space by mailbox.

- Limitless redirigidas accounts of mail.

- Limitless alias of mail.

- Service basic anti-virus/antiSpam.

- Limitless credits in widgets of “My Webpage?.

- Management of DNS of domain (available in case of associating name of domain to “My Webpage?).

- Certificate of Seguridad (SSL) as additional service.

Monthly tariff: 10 Euros/month.
Quarterly tariff: 30 Euros/quarterly.
Annual tariff: 120 Euros/year.

Annex I.II ADDITIONAL EXTENSIONS AND SERVICES

The client will be able to contract to extensions for his service “My Webpage?, consulting a detailed and up-to-date description of the same as well as of his tariffs in http://www.hosting-ehost.com/.

These extensions will only be contractable for those services of “My Webpage? to which the client had associated a name of domain managed in Thinks Solutions.

1. - Filter Anti-virus/advanced Antispam

The client will be able to contract Filtro Anti-virus/Antispam advanced for his service “My Webpage? according to the characteristics and published tariffs of form updated in http://www.hosting-ehost.com/.

2. - CERTIFICADOS DE SEGURIDAD (SSL)

Web Solutions offers through service “My Webpage?, the possibility of asking for a Certificate of Seguridad (SSL). The Certificate of Seguridad (SSL) allows to have a safe website, where the users can interchange information without risks, assuring the authentication, confidentiality and integrity of the data that are transmitted through Internet.

The client will be able to ask for the Certificate of Seguridad (SSL) from the Control Panel of his service “My Webpage? and Thinks Solutions will be in charge to transact his request and installation.

The different models and Certificate tariffs of Seguridad (SSL) offered by Think Solutions, are updated for their consultation in http://www.hosting-ehost.com/

The payment will be realised in advance, either by transference or by credit card and once verified the same, Solutions Thinks will begin its procedure.

3. - Additional mailboxes of mail

The service “My Webpage? offers by defect with 5 mailboxes of mail of 2 GB each, being able to contract to the client additional mailboxes of 2 GB each, with a cost of 9€ annual by mailbox.

 4. – Disc space for mail mailboxes

The client will be able to contract the following extensions of space in disc for his mailboxes: