These General Contracting Conditions, together with the Particular Conditions that, in each case, may be established (hereinafter, and together, the “Contracting Conditions”) expressly regulate the relationships that arise between Dispromedia, S.L. ("Dispromedia-Ebasnet") and those third parties that electronically contract the services that this company offers for this purpose under the domain and / or subdomains "dispromedia.com, dispromedia.net, dispromedia.cat, dispromedia.eu, dispromedia.es, ebasnet.com, ebasnet.es, dispromail.eu, dispromail1.eu ”(the“ Services ”). Dispromedia-Ebasnet may offer the contracting of combined offers of Services (the "Combined Offers"). Each of the Services that make up said Combined Offers will be regulated in accordance with the conditions that, if applicable, are applicable.
Dispromedia, S.L. ("Dispromedia-Ebasnet") is a commercial company with registered office at Calle Alonso Martinez, 9 de Tàrrega, 25300 Lleida, established for an indefinite period by virtue of a public deed and registered in the Mercantile Registry of Lleida, Volume 891, General Section , Folio 13, Sheet No. L-17.262. and C.I.F. number (ES) B25560210.
1. Acceptance of the General Conditions
The activation of the button to send the hiring request through both the Dispromedia-Ebasnet website and the Client's Control Panel, attributes the condition of “Client-User” and expresses the full and unreserved acceptance of the Conditions of Contracting the Services requested in the version that Dispromedia-Ebasnet makes available to you electronically prior to activating the button to send the CONTRACT. Before contracting any of the Services offered, read carefully the Contract Conditions that regulate the provision of the Service you want, including the technical, operational and functional characteristics of the Service, as well as the applicable rates in each case. For any additional information or clarification regarding the content of the Contract Conditions, do not hesitate to contact our Customer Service via email info@dispromedia.com or by phone +34 973314931 before activating / ending the Contract.
2. Purpose and Scope of Contract
2.1 Purpose
The Contract Conditions are intended to regulate the contractual terms for the provision of the Services and the consideration due by the Client to Dispromedia-Ebasnet, as well as the use of the Service by the latter. The provision of the Services will be carried out by means of the obtaining, provision, organization, employment and management by Dispromedia-Ebasnet of the technical, human and operational resources necessary for this purpose and, always and in any case, as consideration to the prices in force at all times.
2.2 Scope
Dispromedia-Ebasnet can provide its Clients with access to a wide range of online resources of different types, including, but not limited to, storage services (hosting), registration services and communication services (email). Unless expressly stated otherwise, all the Services offered by Dispromedia-Ebasnet will be governed by the Contracting Conditions set out here and by the Particular Conditions that may apply to each of the Services.
3. Hiring
3.1 Subjective Requirements
The Services may be contracted by those individuals, of legal age, or legal entities that have their legal residence in Spain. In the case of a legal person, the request for the Services must be carried out by a duly authorized attorney or legal representative of the company. In the case of natural persons, they must prove their legal age.
3.2 Application Data
The applicant is responsible that both the data incorporated in the Contract through the Dispromedia-Ebasnet website, as well as those other data related to the registration process, are truthful and accurate, committing to communicate to Dispromedia-Ebasnet, as soon as possible, all those changes related to them and, especially, those that refer to the information necessary for the proper maintenance and management of the provision of the contracted Services, including, for example, the address, the bank account data. The Client may modify the data provided by communicating it at any time by email info@dispromedia.com or by using their name and password through the tools made available to them.
3.3 Denial
Dispromedia-Ebasnet reserves the right to accept or reject any Contract, as long as: (a) it verifies that the data provided is contrary to the truth and / or inaccurate; (b) consider that the request made: (i) does not comply with the terms set forth in the Contract Conditions and / or (ii) damages or may damage the corporate image of Dispromedia-Ebasnet or is contrary to the commercial purposes pursued by it; and (c) has pending payment any Service previously contracted with Dispromedia-Ebasnet.
3.4 Acceptance
It will be understood that a Contract has been accepted when the applicant receives a confirmation of acceptance from Dispromedia-Ebasnet or when it activates the contracted Service. The denial of the provision of the Services will be made by email or postal mail to the addresses provided in the Contract, justifying the reason for it. The applicant whose request has been rejected by Dispromedia-Ebasnet may request the services again, as long as the reasons that have led to their non-admission have been duly corrected, corrected or eliminated.
4. Rights and Obligations of Dispromedia-Ebasnet
4.1 Rights
Dispromedia-Ebasnet will have the right:
(a) to charge the Customer the price for the provision of the Services.
(b) to demand from the Client, at any time, the delivery of a guarantee or the realization of a bank deposit, in an acceptable form or amount, in order to guarantee the obligations assumed by the Client during the validity of these Conditions of Hiring.
(c) to introduce changes or technological improvements in the Services provided, as long as these improvements do not negatively affect the Client's community, nor do they force an increase in the agreed prices.
Service Maintenance:
(d) Dispromedia-Ebasnet will make every effort to notify the Client, insofar as it is possible and with reasonable notice, of those periods of time in which the Service is interrupted and so that such interruptions affect the Client in a minimal way .
4.2 Obligations
Dispromedia-Ebasnet undertakes:
(a) to provide the Services in accordance with the terms established in the Contract Conditions
(b) to make every effort to guarantee the provision of the Services without interruption twenty-four (24) hours a day, every day of the year. Dispromedia-Ebasnet will try by all means to provide the Client with the Services on the agreed date, but will not be responsible for circumstances or events that are beyond its control, such as the delay, interruption or malfunction of the Services attributable to third party operators or service companies, lack of access to third party networks, acts or omissions of Public Authorities or fortuitous event or force majeure.
4.3 Customer Service
The Customer Service consists of a telephone and / or online technical assistance service that includes a diagnostic service and an incident resolution service.
Customer Service is a service that Dispromedia-Ebasnet provides to the Customer free of charge, from 9:30 a.m. to 2:00 p.m. and 4:00 p.m. to 6:30 p.m., Monday to Friday, for this purpose, the Customer You can make the relevant inquiries by sending an email to one of the following email addresses:
-Products / services Ebasnet SaaS Web and Ebasnet SaaS eCommerce Ebasnet: soporte@ebasnet.com
-Products / services Dispromedia Special Projects / Custom Webs / Dedicated Servers: soporte@dispromedia.com
-Dispromedia products / services disproMail mail services: soporte@dispromail.eu
Or through a call to the phone numbers (+34) 973 310 528 and (+34) 973 314 931
Dispromedia-Ebasnet recommends the use of email to contact Customer Service
5. Rights and Obligations of the Client
5.1 Rights
The Client will have the right:
(a) to use the Service contracted in the terms and conditions agreed in the Contract Conditions.
(b) to receive information regarding the development and implementation of new and / or complementary functionalities to the contracted Services.
(c) in the cases that, according to current legislation on Consumer and User Defense, is applicable, the Client would have the right to withdraw from this contract within a period of 14 calendar days without the need for justification. The right may be executed through an email (authorized email account) used to register the service / contract and indicating the services and your unequivocal desire to withdraw, or by signing and sending it to Dispromedia-Ebasnet together with a copy of your DNI of the models provided for in the legislation.
The term will expire 14 calendar days from the conclusion of this contract. By accepting these conditions, the Client expressly consents to the start of the services immediately and during said withdrawal period.
The Client will not have the right of withdrawal in the cases of exception collected in current legislation, such as: services that have been fully executed; In the case of personalized services based on the Client's specifications such as domain names, digital certificates, analysis or report of positioning or web optimization, personalization services and content design, and services that include elements dedicated to the Client; and digital content supply services.
Dispute resolution
Resolution of online disputes in consumer matters in accordance with Art. 14.1 of Regulation (EU) 524/2013: The European Commission provides an online dispute resolution platform that is available at the following link: http://ec.europa.eu/consumers/odr/
5.2 Obligations
The Client must:
(a) comply with the payment obligations under the agreed terms and conditions
(b) collaborate actively with Dispromedia-Ebasnet to make the provision of the Services possible, forcing itself, for this purpose, to provide the necessary technical data, as well as to facilitate access to its facilities and dependencies where the equipment that is housed is located. were necessary for the provision of the contracted Services.
(c) not disturb, prevent, interfere, distort or damage the assigned equipment or systems of Dispromedia-Ebasnet or third parties, as well as the facilities of the Data Processing Center.
(d) observe all the rules that Dispromedia-Ebasnet may impose on the use of its facilities and resources.
(e) not to use the Services to carry out activities contrary to the laws, morals, public order or to use the Services for illicit, prohibited purposes or effects, harmful to the rights and interests of third parties, Dispromedia-Ebasnet declining any responsibility that may arise from it.
(f) undertakes to use the services provided by Dispromedia-Ebasnet, in compliance with all local, state, national, international laws, including the laws relating to the transmission of personal data in your country of residence.
The Client is obliged to comply with the following rules:
(g.1) You may not use the Contracted Services to display, upload, insert, transmit, send or distribute any content or product that is illegal, defamatory, harassing, abusive, fraudulent, obscene, that contains viruses, or any other way that is determined by Dispromedia-Ebasnet.
(g.2) You may not use the Service to display, upload, insert, transmit, send or distribute content or products that infringe intellectual property rights.
(g.3) You must prevent third parties from using the service for you, you are solely responsible for the contents of the service / services contracted with Dispromedia-Ebasnet, as well as the data and access codes to them.
Violation of any of the above points and regulations may result in the immediate termination and non-compliance with this AGREEMENT OF GENERAL CONDITIONS OF USE / ELECTRONIC CONTRACTING OF DISPROMEDIA SERVICES (EBASNET), and may be subject to sanctions and other legal consequences.