Contract of Store Online

Ref: TOLPS_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 contracted product one takes shelter of way updated in the Web http://www.hosting-ehost.com/.

Resources: set of technical characteristics and computer science programming that Thinks Solutions offers in each of its products.

It lies down Online: Tool through which the client will be able to have his own business of electronic commerce in Internet.

Merchant Back Office (MBO): Accessible page through Control Panel by means of which the client will be able to administer and to manage his Store Online

Control Panel: computer science tool that Thinks Solutions facilitates with its Online Stores and that allows the client, to manage and to administer to the contracted product and the resources which this one has.

Area of client (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 products, 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 an authentication system that always guarantees that the access to the contracted services, as well as the request of information and/or aid regarding the same, is realised safely, trustworthy, truthful and on the part of the client.

2º OBJECT

The present contract intends regular the conditions in which the client uses his Store Online, as well as for determining the conditions and form of remuneration of the client to Thinks Solutions.

3º TYPICAL

3.1 the conditions picked up in this contract will be of application to the following models of Online Stores:

- Entry Shop.

- Smart Shop.

- Professional Shop.

3.2 the models Smart Shop and Professional Shop of the Online Stores, also offer between their resources, the possibility of managing reserves and appointments online.

3.3 the technical characteristics of each one of the modalities of the product Online Stores, expressed in the previous section, are permanently updated in the webpage of Thinks Solutions (http://www.hosting-ehost.com/).

3.3 Piensa Solutions reserves the right to modify the characteristics and conditions of the product Online Stores regulated by this contract. For it will not have to fulfill more formality than the one to publish in his webpage 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, he will be understood that he accepts the new conditions and, therefore, the loss before the victory will not give rise to return some, except in cases where the effective legislation anticipates the opposite.

3.4 the service Online Stores can go, or no, associate to a domain name that the same client manages in Solutions Thinks.

The regulation of the domain names will be in force by its norm and its corresponding contract.

3.5 From the MBO, accessible through Control Panel, the client will be able to manage his Store Online, acceding for it either through S.A. or through the URL https://admin.e-shoponline.es/.

3.6 the Store Online allows that the users realise safe payments, with a Certificate of Seguridad (SSL) property of Thinks Solutions.

In case the client has associated his Store Online to a domain that the same manages in Thinks Solutions, it will be able to acquire a Certificate of Seguridad (SSL) for the Store Online from his Area of Client or the Control Panel.

If later, the client modifies the denomination of the domain that has assigned to the Store Online, the Certificate of security will be invalidated.

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

3.7 the content and/or configuration of the Online Stores, will be exclusive responsibility of the client, as well as keeping backup copies from the same. Web Solutions will not take responsibility for this end at no moment.

3.8 the client, from the AC, will be able to change to another modality of Store Online among the offered ones by Thinks Solutions, whenever superior is an identical modality with or ampler regularity of payment. The change to a modality of Store will not be able to be realised Online inferior in resources, price or regularity of payment to the chosen one previously.

If a change of model of Store has been realised Online, the client will not be able to ask for another modification within 30 days, counted from the date in which the last change took place.

4º PRICE AND Form of payment.

4.1 the discharge in the product of Online Stores is gratuitous.

4.2 By the availability of the model of contracted Store Online, the client will pay to Thinks Solutions, the picked up corresponding price in this contract and permanently updated in http://www.hosting-ehost.com/.

- Entry Shop

or quarterly Price: 39.95 Euros

or annual Price: 143.40 Euros

- Smart Shop:

or quarterly Price: 65.95 Euros

or annual Price: 215.40 Euros

- Professional Shop:

or quarterly Price: 139.95 Euros

or annual Price: 479.40 Euros

4.3 the regularity of payment of the Online Stores will be quarterly or annual, according to which it has been the election of the client during the hiring.

Once contracted the Store Online, it will only be possible to modify the regularity of quarterly payment by the annual one, not to the inverse one.

In the Online Stores with regularity of annual payment, the client will benefit from a discount in his price.

4,4 Form of payment: The payment of the Online Stores will be made 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 Online Stores also will be realised 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 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 In those cases in that the client had contracted a plan of Web Hosting and/or the registry, transfer or recorder change of a domain name, simultaneously to the discharge of a Store Online, will be in force by the payment norms that correspond to these products, collections in http://www.hosting-ehost.com/ and its corresponding contracts.

4.7 the amounts mentioned throughout this contract, about their Annexes 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 product.

4.8 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 of the temporary suspension she inflict losses definitive the service by breach of the contract on the other hand.

The decontamination by non-payment will suppose the elimination from all the data to the Store Online. If the client returns to contract another Store Online, she will have to register all the data again.

The lack of payment of the contracted additional services for the Store Online, will cause the interruption of the Store Online to which they go associate.

4.9 Piensa Solutions reserves the right to modify the price of the gathered Online Stores in this contract 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.

4.10 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.

4.11 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 the client settles down for the right of desistimiento.4.12 will have a term of thirty (30) days natural as of the date of high initial of the Store Online to solve the present contract without incurring penalty nor cost some, will not be applied this term of guarantee to the renovations of the contract, nor to the contracted additional services after the initial hiring.

After the exercise of this right, Solutions Thinks will refund to the client the quantity paid by the benefit of the service Store Online, except in those cases in that as a result of the nature of the benefit it is impossible to take it to end, for being or enjoyed by the client or by to have failed to fulfill the client the clauses of this contract.

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 in the service Online Stores, except in those assumptions in that 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 4,11 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 garantía.4.13 Piensa Solutions issues its invoices of detailed form including all the concepts that conform it.

4.14 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 in force enters the same day of its formalization, that is to say, when the client has finalizes the hiring of his Store Online and has the possibility of acceding to the same, beginning Solutions Thinks to serve as of this moment.

5.2 the contract will last quarterly or annual, following the term of invoicing chosen by the client in the hiring form, from the formalization of the contract and it 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 http://www.hosting-ehost.com/legal/docs/Contrato_Tienda_Online, that picks up the present version.

5.3 the contract will not occur by finalized while the client does not come to terminate the Store Online from the section “services? of the AC. The loss will take place in the maximum term of 48 hours from the date of procedure by the client, which will have to be considered to avoid the loss of the lodged information.

The low volunteer of a service, produced prior to the paid victory, does not suppose the return of the not consumed proportional part.

5.4 the additional services available for the contracted Store Online can activate or be deactivated at any time while this is active and to the current of the payment; 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 Online Stores 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 Online Stores are exclusive responsibility of the client, in such a way that Solutions Thinks does not become person in charge of no way (neither direct nor subsidiarily) of any direct or indirect damage, that the client could cause to third parties.

6.6 Despite all the previous one, 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 be limited the return of the money acquired by the affected Store proportionally Online during this calculated outage.

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 Online Stores, or not to fulfill these with the expectations of the client.

6.8 Piensa Solutions does not realise backup copies of the Online Stores, 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 the Online Stores are services that share resources with other services of equal nature. 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 Store Online.

6.10 Piensa Solutions does not take responsibility:

- Of the content lodged in the Online Stores.

- 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.

One takes shelter as Annex to this contract and with exceptional character, the License of End user of the supplier of software corresponding to the product of Online Stores, also denominated “End User License Agreement (EULA)?, in his original writing in English, language according to which will be of being interpreted.

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 product.

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 product Online Stores 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 product is associated Online Stores, 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 Online Stores, the client commits a:

- To keep by its account a backup copy from the Store Online with the purpose of to replace it if it were necessary.

- 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 recognizes and accepts that the technical suppliers of some products, of exceptional form and if outside necessary to solve any incidence of technical type, they will be able to accede of remote form to the physical servant in whom she is lodged the product and, therefore, to the content of the same. In this eventuality, their actions would be limited the execution of the works necessary to solve the incidence, without using the intervention nor the data to which they could have access for other aims.

7.9 the client has the total responsibility of the content lodged in the Store Online, 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.

7.10 the use of the service Online Stores 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.

7.11 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.

7.12 the client, with the acceptance of the present contract, specifically allows the shipment of the invoices regarding the benefit of the contracted Store Online through telematics means, as she indicates the effective norm in this matter.

7.13 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 - LICENSE OF END USER OR END USER LICENSE AGREEMENT (EULA)

The client or end user of the product Online Stores, commits themselves to accept and to respect the conditions settled down in the License of End user or End User License Agreement (EULA), of the supplier of the software of this product, in his original writing in English, language according to which will be of being interpreted.

(1) ePages hereby grants to the User to single, non-exclusive licence to uses the software. This licence includes the right to install and uses the software in accordance with the scope defined in the purchase or rental agreement, ace well technical ace in accordance with the documentation for the specific licence, purchased or rented. The to user of the software is strictly obliged to observes and respect all contractual and technical limitations related to the uses of the software.

(2) The User is entitled to transfer the software to third party. The familiar User shall ensure that the third party is with the terms of the technical ePages EULA and receives the associated documentation. In the event of transfer of the software, the original User shall destroy or transfer to the new User all backup you copy of the software still in his/her possession. Original The User shall observes all valid national and international export regulations when transferring the software to third party.

(3) The transfer of the right of uses ace part of to continuous obligation (e.g rental, leasing) for acquisition purposes and serving the economic interest of the User shall not sees permitted, unless the User is an application service to provider (ASP). In this the marries, contractual to partner of the ASP shall declares his consent to the ePages EULA. Contractual The ASP shall ensure that his partner is aware of the ePages EULA and you declare his consent thereto.

(1) The User herby recognizes ePages title and copyrights in and to the software and therefore its rights licensor ace sole. ePages rights licensor ace the sole shall also apply to any software extensions supplied by ePages to the User, unless otherwise agreed in writing.

(2) The User hereby recognizes ePages' brand, trademark, yam and patent rights with respect to the software and associated documentation. The User May not remove, modify or otherwise obscure any notice of and/or copyright to other property rights included in the software itself or in the associated documentation.

(3) If ePages supplies licensed software from third parties, the User shall acknowledge the copyrights and industrialist property rights of the said party.

(4) If ePages supplies licences Sybase software (“embedded license?), it May only sees used in conjunction with ePages software.

(1) The User shall have the right to reproduces the supplied for software if such reproduction is necessary using the software from the original data to carrier to the mass memory of the hardware used and loading of the software into the working memory.

(2) In addition, the User shall have the right to reproduces for software backup purposes. However, generally only one backup Copy May sees created and stored. This backup Copy shall sees clearly marked ace backup Copy of the software provided by ePages.

(3) If, for reasons of dates security or to ensure rapid reactivation of to computer system to after to system failure, to regulate backup of the entire dates resources, including to computer programs used, is indispensable, the User shall have the right to creates to you minimum to number of backup you copy required. The dates carriers in question shall sees indicated accordingly. The backup you copy May only sees used for purely archiving purposes.

(4) Further reproductions, which also include output of the program code to printer and photocopying of the manual, May not sees made by the User. Additional Any manuals that plows required for employees shall sees obtained from ePages.

(1) for It is prohibited the User to re-translate the program code (s) into to other forms of code (decompiling) or to perform to other methods of to review engineering activities AT the various production levels of the software, including any program modifications.

(2) Copyright notices, serial numbers and to other features used for program identification May not sees you remove or changed.

(3) Removal of similar any Copy protection or protective routines shall not sees permitted without the knowledge and consent of ePages.

(1) User warranty claims assume that the User there are abided by to his/her statutory obligations to control, check and report problems with the software, based on

§377 HGB.

(2) If the software is defective, the User there are the right to have the error corrected or to receive to new Copy of the software, i.e one which is free from the error. In the event that the User chooses to have the error corrected, all expenses related to correcting the error shall sees paid by ePages, in individual the transportation, carriage, tricks out of and materials required. This applies expenses ace long ace the logistics plows not artificially high because the product in question you have been you move to location different from the one AT which the product was originally sold.

(3) If the correction or the new delivery do not solve the problem, the User there are to right to demand to either to refund or to finishes to you the corresponding contract.

(4) In the event that the User makes to warranty claim, ePages liability shall sees limited to the statutory for maximum liability damage caused by intent or gross negligence from its agents or representatives. Nonintentional If there is breach of contract, the maximum liability shall sees generally limited to the usual and customary damage amounts.

(5) In the event that ePages is responsible for to material breach in contract, its maximum liability shall sees the statutory limits. Usual This is generally limited to and customary damage amounts.

(6) Unless otherwise agreed to in writing, all to other liability is expressly and specifically excluded.

(7) To latent, potential liability remains, to however, for bodily injury, death or to other health-related torts; this applies, in individual, to the mandatory statutory liability (Produkthaftungsgesetz).

(8) ePages product 12 liability is limited to months, beginning with to delivery/handover of the product.

§478 and 479 BGB.

(1) ePages specifically excludes any additional form of liability, beyond that specified in

§823 BGB.

(2) Insofar for ace the liability ePages is deemed to sees excluded or limited, the same applies to our employees, Co-workers, laborers, subcontractors and agents.

7 Contractual Penalties/Indemnification

If to user of ePages' software you infringe upon any of the conditions mentioned stupefies, an indemnification shall become due in the amount of twice the list price of the corresponding licence. This indemnification shall not affect any to other claims, penalties or to other indemnification ePages May sees entitled to.

8 Provisions End

(1) German law shall apply to all claims arising from this ePages EULA. U.N law on salts shall not apply.

(2) The pleases of jurisdiction shall sees Hamburg, Germany.