General Conditions of Sale AMBIMEDIA LTD
Document updated on 04/01/2018
Any previous document will be invalidated as indicated in point 1.2.
- General conditions
- Rights and Obligations of the Parties
- Licenses, Intellectual Property
- Rates and payment method
- Offer, formalization and extension of the contract
- Termination of the contract
- Personal Data Protection
- Right of withdrawal
- Warranty period
- Applicable law and jurisdiction
1. General conditions.
1. Object, modifications and benefits:
1.1. These general conditions, together with the particular conditions, the corresponding descriptions of benefits and the lists of rates, which are established in each case, will regulate the provision by AMBIMEDIA LTD of web hosting services, domain name registration, servers, streaming services, electronic messaging service, computer applications and tools, as well as other services that in the future may be offered to the CLIENT in exchange for the corresponding remuneration to be paid by him and that in any case will always be in the public domain. through the web pages of AMBIMEDIA LTD www.ambimedia.org
1.2. AMBIMEDIA LTD may modify the content of this contract with the acceptance of the CLIENT. The acceptance of the modification of the contract will be considered given provided that the CLIENT does not reject within four weeks after receiving the notification of the modification. AMBIMEDIA LTD will provide the CUSTOMER with the consequences of non-opposition together with the information on the modification.
1.3. These general conditions will prevail over any general condition that the CLIENT may claim, unless expressly agreed otherwise, in which the acceptance of those by AMBIMEDIA LTD is recorded in writing.
1.4. These general conditions will also apply to future business that may arise between the parties.
1.5. It is not technically possible for the Contracting Party to complete the request without acceptance of these General Conditions. In order for the Contracting Party to carry out this acceptance and, therefore, make the request, they must be previously registered as a user in AMBIMEDIA LTD, completing a form with basic data, the sending of which will imply the granting of a user code and a password to access to the exclusive area of the Contracting Party, and the acceptance of these Conditions. The Contracting Party, by accepting these conditions, gives its express and unreserved consent for AMBIMEDIA LTD to carry out the collection operations necessary for the acquisition of the services it contracts. Therefore, the Contracting Party gives its consent, expressly authorizing AMBIMEDIA LTD to charge the payment methods that it introduces from a secure area and, therefore, the operations that AMBIMEDIA LTD carries out by directly debiting the Contracting Party’s current account, either making a charge on your card or any other payment method introduced by the Contracting Party, are considered authorized for the purposes of the regulations on payment services.
1.6. These General Conditions together with the specific request made through the Internet by the Contractor -Special Conditions- imply the formalization of the Service Contract between AMBIMEDIA LTD and the contracting person who declares to be of legal age, to have sufficient capacity to contract and to have read , understood and accepted these Conditions.
2. 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, which, if there are no specific conditions, will be governed by what is established here.
2.2. You must use the contracted service or services in accordance with the conditions agreed between the parties, current legislation and good faith.
2.3. You must satisfy the remuneration agreed for each service or services in the terms and forms contained in the particular conditions and price lists that appear on this website or, where appropriate, those specifically agreed upon.
2.4. The CLIENT must provide AMBIMEDIA LTD with their correct and complete data. Therefore, it is obliged to inform AMBIMEDIA LTD immediately of any change in the data provided and to confirm it again to AMBIMEDIA LTD, at its request, within a period of 15 days from the date of the change.
Unless otherwise agreed in the particular conditions, the following information must be provided:
Full name, Identity card, address, e-mail address, telephone, the owner of the service, the payment details (either credit or debit card, or bank account) and the owner of the payment details. Given the case in which the CLIENT is a legal person, its legal form will also be requested.
2.5. The CLIENT is fully responsible for the content of its website, for the information transmitted and stored, for its exploitation, for hypertext links, for the claims of third parties and for the legal actions that may be triggered. In short, 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 On any service provided by AMBIMEDIA LTD, it is prohibited in a manner contrary to good faith and, in particular, in a non-exhaustive manner:
The use that is contrary to Spanish law or that infringes the rights of third parties.
The publication or transmission of any content that, in the opinion of AMBIMEDIA LTD, is violent, obscene, abusive, illegal, xenophobic or defamatory.
The cracks, serial numbers of programs or any other content that violates the intellectual property rights of third parties.
The collection and/or use of personal data of other users without their express consent or contravening the provisions of Organic Law 15/1999, of December 13, on the Protection of Personal Data.
The use of the mail server and/or your email 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 sabotaging, fraudulent or criminal intent. AMBIMEDIA LTD expressly warns the CUSTOMER that their outgoing emails will be automatically filtered by AMBIMEDIA LTD to detect said activities, if any.
SPAM: The client is solely responsible for the content sent through their email accounts regardless of whether it was sent from their computers or from third parties.
2.7 The web space offered may only be used for content and web applications. In this sense, it is not allowed to make backup copies -commonly known as “data backups”- or data storage if they are not directly related to the contents and applications of said web space.
2.8 In case of infraction of any of the obligations indicated in points 2.4, 2.5, 2.6 and 2.7, AMBIMEDIA LTD will have the right to terminate the contract with the CLIENT without the CLIENT having the right to any claim or, where appropriate, demand from the client the damages caused by your negligence or misuse of the Services. AMBIMEDIA LTD has the right to interrupt the supply of the service with prior written notification 48 hours in advance, which may also be done by email. In the event of actions that due to their own force of nature do not allow 48 hours notice, AMBIMEDIA LTD may temporarily suspend the contracted services until such time as corrective measures are not established.
2.9 In the particular case of sending SPAM, AMBIMEDIA LTD will disable the email accounts or systems that have produced the SPAM. In case of sending, the client will assume the expenses inherent to the overuse of the networks and services of AMBIMEDIA LTD as well as the damages caused.
b) AMBIMEDIA LTD.
2.9. AMBIMEDIA LTD guarantees the contracted service or services in the manner provided in these general conditions and, where appropriate, as established in the particular conditions.
2.10. The CLIENT will not have the right to demand that the same IP address be assigned to the server for the entire duration of the contract.
2.11 For each CUSTOMER Internet service, only one AMBIMEDIA LTD rate may be applied.
2.12 Data transmission volumes are established in the particular conditions of each service. The volume of data transmission used is deducted from the sum of all data transmissions related to the customer’s order (such as emails, downloads, uploads, web pages, streaming, ftp…). For the determination of the volume of data transmission, a Gigabyte is equal to a thousand Megabyte, a Megabyte is equal to a thousand Kilobyte and a Kilobyte is equal to a thousand Byte.
2.13 In the event that the CLIENT exceeds the transmission volume included in the rate in one month, AMBIMEDIA LTD reserves the right to invoice the difference between the volume included in the contracted rate and the volume actually consumed at the AMBIMEDIA LTD prices in force in that moment for each of the services.
2.14 The CUSTOMER will choose a certain rate when placing the order. Unless otherwise agreed, the combination of different offers is not possible.
2.15. AMBIMEDIA LTD may limit, temporarily interrupt or even definitively cancel access to its services when necessary for the security of the network service, the maintenance of network integrity and, especially, to avoid serious interruptions to the network, the Software or saved data. Said interruptions will be communicated, as far as possible, sufficiently in advance to the CLIENT via email. The previous obligation will not be payable to AMBIMEDIA LTD in case of force majeure or if there is a failure of the data network that serves as the basis for the provision of the same beyond its will and control.
2.16. AMBIMEDIA LTD is not responsible for: a) The content hosted in the space assigned to the user by the service. b) Possible damage to the equipment due to its incorrect use (responsibility of the CLIENT). c) Damage due to a virus infection of your equipment. d) The errors produced by the access providers. e) Any illegitimate interference by a third party. f) Of the faulty configuration by the CLIENT.
2.17. AMBIMEDIA LTD may assign the rights and obligations contained in these general conditions to one or more third parties. In this case, the CLIENT may terminate the contract without a term.
2.18. AMBIMEDIA LTD will freely choose the technical means, which may be related to technology and/or infrastructure, in order to facilitate the supply of the services provided.
2.19. AMBIMEDIA LTD will not be responsible for damages of any nature that may 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 by the CUSTOMER to AMBIMEDIA LTD must be submitted within a period that cannot exceed two weeks, from the moment in which the CUSTOMER became aware of the defects and interruptions that are the subject of the claim. The communication must be in writing, which can also be done by email if the CUSTOMER adds to the claim his full name, Identity Card, address, e-mail address, telephone as well as the owner of the service, and provides the electronic document of an electronic signature, in accordance with current regulations. The claim for defects and interruptions not notified in time is excluded.
The claim must be sent by email to firstname.lastname@example.org es and must always be made by sending the email from the email address that the CLIENT has registered in its extranet.
After notifying AMBIMEDIA LTD of the defects and interruptions, object of the claim, the CLIENT will grant AMBIMEDIA LTD a period of 20 days to re-establish the correct operation of the service. During this period, the CLIENT may not exercise any action against Ciberdomain Networks or terminate the contract due to such defects and interruptions.
2.21. AMBIMEDIA LTD will only be liable for damages caused as a result of the breach of an essential contractual obligation (cardinal obligations) by AMBIMEDIA LTD or one of the persons that AMBIMEDIA LTD uses to fulfill its obligations, endangering the contractual object, or those damages that are due to malicious or seriously reckless behavior of AMBIMEDIA LTD or one of the persons that AMBIMEDIA LTD uses for the fulfillment of its obligations. If the guilty breach of an essential obligation of the contract (cardinal obligation) does not occur in a grossly reckless or malicious manner, the responsibility of Ciberdomain Networks remains with AMBIMEDIA LTD for the damage that was reasonably foreseeable for AMBIMEDIA LTD at the conclusion of the contract.
The foregoing does not alter the responsibility of AMBIMEDIA LTD for the promise of certain characteristics of its products, for personal injury as well as that derived from mandatory legal provisions.
In all other cases in which, due to the application of the relevant contractual clauses or due to legal imperative, AMBIMEDIA LTD is liable, and unless mandatory legal provision to the contrary, the quantification of said liability will be limited to the corresponding part of the consideration paid. for the client.
3. Licenses, Intellectual Property.
AMBIMEDIA LTD is the owner of all copyrights, trademarks, intellectual property rights, know-how 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 that it obtains on it.
The CLIENT must respect the use programs of third parties made available by AMBIMEDIA LTD even if they were free.
The CUSTOMER, by virtue of this contract, does not acquire absolutely any right or license regarding 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 may only use the programs on one computer simultaneously. It will be considered that there is a “use” of the programs when they are found in the main memory or in a file medium of a computer. A program that is only installed on a network server for the sole purpose of program distribution will not be considered used.
4. Rates and payment method.
4.1. The rates included in the rate lists are fixed. The rates depend on the choice of the agreed rate, contained in the corresponding particular conditions. If rates independent of use have been agreed, AMBIMEDIA LTD may establish a prepayment system. The rates that are related to the use or consumption will be invoiced after the provision has been made.
4.2. AMBIMEDIA LTD may increase the amount of fees no more than once per calendar quarter with four weeks’ notice before the end of the quarter. For the validity of the increase, the consent of the CLIENT is required, which will be considered granted if the CLIENT does not declare its disagreement with said increase, within fifteen days following its written notification to email@example.com. If you do not declare your disagreement, you will alternatively have the right to terminate the contract during the same period, after which the contract will continue to be valid with the new rates without the possibility of termination by the client. Due to market conditions, domain registrations and renewals are exempt from the fifteen-day notice, and these may vary their price upwards without prior notification.
4.3. All prices, costs and rates indicated in these general and/or particular conditions are understood to be without the corresponding VAT, according to the applicable legislation at any time, in each place and in each country.
4.4 If there is a variation in the taxes applicable to the agreed services, AMBIMEDIA LTD may adapt its prices accordingly.
4.5. The invoices will be issued and sent to the CLIENT electronically by email.
4.6. Depending on the service provided and the payment method provided by AMBIMEDIA LTD, the payment of the invoices will be debited to the bank account indicated by the CLIENT, the CLIENT may use the other alternative means of payment available from the extranet, The CLIENT authorizes in the case of the direct debit of invoices during the entire period of validity of the contractual relationship.
4.7. In case of non-payment of the invoice, the CLIENT will bear the costs of all payment requirements, as well as the cost of returning the bank receipt and all other expenses that accrue for said reason attributable to the CLIENT, including fees and expenses of the lawyers of AMBIMEDIA LTD. The cost established in the case of a bank refund will be 3% of the total amount of the receipt, establishing a minimum amount of €8 per returned receipt.
4.8 AMBIMEDIA LTD reserves the right to suspend the services provided in the event of any incident experienced in the collection of the service and/or due to non-payment. If the CUSTOMER does not proceed to regularize the payments within the following 20 calendar days, AMBIMEDIA LTD may immediately and definitively cancel the service, terminating the contract with the CUSTOMER for non-compliance.
5. Offer, formalization and extension of the contract.
5.1. After the telephone request or sending of the request by the CLIENT, AMBIMEDIA LTD may accept the contract request within a period of 14 days.
5.2. Unless otherwise agreed, the contract is valid for an unlimited period.
5.3. If the contract is signed for a certain period or a minimum period of validity has been agreed 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 renounced. with a period 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. The contract period is understood to be the period specified in the invoice issued for the service.
6. Termination of the contract.
6.1. The contract may be terminated by mutual agreement of the parties..
6.2. AMBIMEDIA LTD may terminate the contract when a validity period of up to 6 months remains to be fulfilled, with 1 month’s notice; when the remaining period to be fulfilled is between 6 and 12 months, the notice will be 2 months and in longer periods by means of a notice of 3 months.
The contractual relationships between AMBIMEDIA LTD and the CLIENT that did not have a specific duration, may be terminated by either party at any time without the need for any justification. Said termination shall take effect on the last day of the month following that in which the termination is notified to the other party.
6.3. Any resolution requires the written form for its effectiveness, which will also be considered fulfilled through communication by telefax.
6.4. If the CUSTOMER requests additional services to the contract, the period initially agreed in the contract will be valid for them. Additional benefits may be, according to the waiver regulations indicated, subject to separate waiver, otherwise continuing the term of the contract.
6.5. The CLIENT must communicate any cancellation by email to the address firstname.lastname@example.org or by opening a ticket from their client area.
6.6 In order to request cancellation, the CUSTOMER must be up to date with the payment of all invoices, all of which are always clearly visible in their customer area. Any request submitted with the customer’s credit balance will not be taken into account and will be discarded. The client is obliged to continue with the contracted service.
6.7 All cancellations, unless otherwise indicated in the specific conditions of a product, must be notified 15 calendar days before the end of the period. Any communication outside this period will be taken into account for the next billing cycle.
6.8 Any withdrawal requested prior to the end of the contract and taking as a reference what is stated in point 5.3 on the formalization of the contract, will not give the right to a refund or apportionment of the time not used as long as it is not demonstrated that the responsibility of the non provision of the service is AMBIMEDIA LTD
7. Personal data protection.
7.1 In accordance with the provisions of current regulations on the protection of personal data, AMBIMEDIA LTD informs the CLIENT of the existence of automated computer files of personal data, for which Ambimedia LTD is responsible, with registration number: _____________.
7.2 AMBIMEDIA LTD expressly warns the CUSTOMER that the current state of technical development does not fully guarantee data protection in data transmissions on 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 could also be in a technical position to interfere in an unauthorized way with the security of the network, controlling message traffic. The CLIENT will be totally responsible for the security of the data that he has transmitted on the Internet and recorded on network servers.
7.3 The CLIENT gives his consent to AMBIMEDIA LTD so that it can process his data in order to provide him with a better service and to be able to fully provide the contracted services. The CLIENT may at any time exercise the rights of access, rectification, cancellation and opposition, regarding said data by writing to AMBIMEDIA LTD, 4 Calver Avenue, North Wingfield, Chesterfield, S42 5WA. These rights can also be exercised in the terms that the applicable regulations establish and that can be consulted at www.agpd
7.4 THE CLIENT gives his express consent for the transfer of his personal and billing data, as well as the contractual economic data to companies specialized in collections, lawyers, solicitors, unpaid records and accounting and tax advice.
7.5 In the absence of express authorization from the CUSTOMER in this regard, AMBIMEDIA LTD may only process, distribute and use the CUSTOMER’s personal data to the extent necessary for substantiation and development of the contract and billing purposes. Ciberdomain Networks will not use personal data for consulting, advertising and market research purposes, against the express will of the CLIENT. In such a case, the CLIENT may notify it in writing, sending it to the following address: AMBIMEDIA LTD 4 Calver Avenue, North Wingfield, Chesterfield, S42 5WA. The offer of a service of AMBIMEDIA LTD will not depend on the consent of the CLIENT.
7.6 AMBIMEDIA LTD may transfer the CUSTOMER’s personal data to group companies.
8. Right of withdrawal.
8.1. When the CUSTOMER is a consumer and the contract is concluded without the simultaneous physical presence of the CUSTOMER and AMBIMEDIA LTD (distance selling), the CUSTOMER will have the right of withdrawal.
8.2. The CLIENT will have a maximum period of fourteen days to withdraw from the contract by means of a written declaration and by ordinary mail without any penalty and without indicating the reasons. The term to exercise the right of withdrawal will begin to run from the day of the conclusion of the contract.
8.3. 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 (Client identifier and contract number/s), to the address AMBIMEDIA LTD 4 Calver Avenue, North Wingfield, Chesterfield, S42 5WA
8.4. The CUSTOMER’s right of withdrawal expires in advance if AMBIMEDIA LTD, with the express consent of the CUSTOMER or at the latter’s initiative, has already begun to provide the contracted service before the withdrawal period expires. The client does not have the right of withdrawal if AMBIMEDIA LTD 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 request). Nor does the CUSTOMER have the right of withdrawal if AMBIMEDIA LTD supplies software on a data carrier and the CUSTOMER unseals it.
8.5 Withdrawal between commercial operations with companies, freelancers or professionals:
Except when specific conditions have been agreed in writing, it will be regulated by the following general conditions:
- Returns of unsealed material and in perfect condition will only be accepted within 7 calendar days of receipt. In the case of those teams that are “programmable” and that require access with a username and password, they may be admitted when no access has been made to any area of administration of the kits.
- Such returns will be processed as a commercial return, since there is no law that regulates the rights of withdrawal between companies and said procedures are regulated as the parties agree. In any case, a refund of the amount will not be made, but a credit will be applied in favor of the company or entrepreneur for an amount of 80% of the purchase value. 20% will be applied as commercial compensation in favor of AMBIMEDIA LTD. Returns of products in blister or heat-sealed, and other products that have a broken security factory seal will not be accepted.
- Said conditions do not cancel the right to warranty or exchange of defective products. AMBIMEDIA LTD reserves the right to deny the return if any anomaly is detected in the returned product.
9. Warranty period.
AMBIMEDIA LTD grants the CUSTOMER a guarantee period of 45 days counted from the date of registration in the service, in which case in case of not being satisfied with the offer of AMBIMEDIA LTD, the contract may be terminated, returning the basic fee paid. . The amount that is returned to the CLIENT will not include additional expenses incurred, such as those accrued for domain names or for optional services contracted by the CLIENT.
For this, a written and signed declaration by the CLIENT will be necessary, sent to AMBIMEDIA LTD 4 Calver Avenue, North Wingfield, Chesterfield, S42 5WA in which it expressly refers to the exercise of the guarantee. In any case, said declaration must be received by AMBIMEDIA LTD within the period of 45 days indicated.
Each CUSTOMER may only use this power once, regardless of the number of services contracted by AMBIMEDIA LTD.
This guarantee is only granted for services/contracts of indefinite duration. At the same time, it may not be applicable in any case for the services contracted through promotional offers. To access the Refund Guarantee, the CUSTOMER must request their service without opting for the current promotion during the registration process.
The warranty period will not apply to server services.
10. Applicable legislation and jurisdiction.
10.1. In the provisions of this contract, as well as in the interpretation and resolution of conflicts that may arise between the parties, British law will apply.
10.2. The parties, expressly waiving any jurisdiction that, according to law, may correspond to them, submit for the final resolution of all disputes resulting from the contractual relationship to the courts or tribunals of Chesterfield.
In the event that one or more of the stipulations of the contract are invalid, this will not affect the validity of the rest.