These General Conditions of Contract, along with the Special Conditions that may be established in each case (hereinafter, and together, the "Contract Conditions") expressly regulate the relations between Dispromedia, SL ("Dispromedia-Ebasnet") and those third parties that electronically contract the services that this company offers for this purpose under the domain and/or sub-domains "dispromedia.com, dispromedia.net, dispromedia.cat, dispromedia.eu, dispromedia.es, ebasnet.com, ebasnet.es, dispromail.eu, dispromail1.eu" (the "Services"). Dispromedia-Ebasnet may offer combined offers of Services (the "Combined Offers"). Each one of the Services that integrate these Combined Offers, will be regulated in accordance with the conditions that, in their case, are of application.
Dispromedia, S.L. ("Dispromedia-Ebasnet") is a trading company with its registered office at calle Alonso Martinez,9 de Tàrrega, 25300 Lleida, constituted for an indefinite period of time by virtue of a public deed and registered in the Mercantile Registry of Lleida, Volume 891, General Section, Folio 13, Page no. L-17.262. and C.I.F. number (ES)B25560210.
1. Acceptance of the General Conditions
The activation of the button of sending the request of contracting through both the web of Dispromedia-Ebasnet and the Control Panel of the Client, attributes the condition of "Client-User" and expresses the full acceptance and without reserves of the Conditions of Contracting of the Services requested in the version that Dispromedia-Ebasnet makes available electronically with character previous to the activation of the button of sending of 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 rates applicable in each case. For any additional information or clarification regarding the content of the Conditions of Contract, please contact our Customer Service via e-mail firstname.lastname@example.org or telephone +34 973314931 before activating/terminating the Contract.
2. Object and Scope of the Contract
The purpose of the Terms and Conditions is to regulate the contractual terms for the provision of the Services and the consideration due by the Customer 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, disposition, organization, employment and management by Dispromedia-Ebasnet of the technical, human and operative resources necessary to the effect and, always and in any case, as consideration to the prices in force at every moment.
Dispromedia-Ebasnet can provide its customers with access to a wide range of online resources of various types, including, but not limited to, storage services (hosting), registration services and communication services (e-mail). Unless expressly stated otherwise, all the Services offered by Dispromedia-Ebasnet shall be governed by the Terms and Conditions set forth herein and by the Special Conditions that may apply to each of the Services.
3.1 Subjective Requirements
Those individuals, of legal age, or legal entities that have their legal residence in Spain may contract the Services. In the case of a legal entity, the application for the Services must be made by a duly authorized representative or proxy of the company. In the case of natural persons, they must prove that they are of legal age.
3.2 Application Details
The applicant is responsible for ensuring that both the data incorporated into the Contract through the website of Dispromedia-Ebasnet, as well as other data relating to the registration process, are true and accurate, committing to communicate to Dispromedia-Ebasnet, as soon as possible, all those changes relating to them and, especially, those that refer to the information necessary for the proper maintenance and management of the provision of contracted services, including, for example, address, bank account details. The Customer may modify the data provided at any time by sending an e-mail to email@example.com or by using his/her name and password through the tools made available to him/her.
Dispromedia-Ebasnet reserves the right to accept or reject any Contract, provided that: (a) verifies that the data provided are contrary to truth and / or inaccurate, (b) considers that the request made: (i) does not conform to the terms of the Terms of Contract and / or (ii) damage or could damage the corporate image of Dispromedia-Ebasnet or would be contrary to the commercial purposes pursued by it, and (c) has pending payment any service previously contracted with Dispromedia-Ebasnet.
A Contract will be considered accepted when the applicant receives a confirmation of acceptance from Dispromedia-Ebasnet or when it activates the contracted Service. The refusal of the provision of services will be made by email or mail to the addresses provided in the Contract, justifying the reason for it. The applicant whose request had been rejected by Dispromedia-Ebasnet may request the services again, provided that the reasons that had led to their non-admission had been duly corrected, corrected or eliminated.
4. Rights and Obligations of Dispromedia-Ebasnet
Dyspromedia-Ebasnet will be entitled:
(a) to charge the Customer the price for the provision of the Services.
(b) to require the Customer, at any time, to provide a guarantee or make a bank deposit, in an acceptable form or amount, in order to secure the obligations assumed by the Customer during the term of these Terms and Conditions.
(c) to introduce changes or technological improvements in the Services provided, provided that such improvements do not adversely affect the Client's community, nor require an increase in the agreed prices.
Maintenance of the Service:
(d) Dispromedia-Ebasnet will make its best efforts to notify the Customer, as far as possible and with reasonable notice, those periods of time in which the Service is interrupted and so that such interruptions affect the Customer in a minimum way.
Dispromedia-Ebasnet is committed:
(a) to provide the Services in accordance with the terms set out in the Terms and Conditions
(b) to use their best efforts to ensure the provision of the Services on a 24-hour basis, 365 days a year. Dispromedia-Ebasnet will make every effort to provide the Customer with the Services on the agreed date, but will not be responsible for circumstances or events that are beyond its control, such as 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 acts of God or force majeure.
4.3 Customer Service
The Customer Care Service consists of a technical assistance service by telephone and/or online, which includes a diagnosis service and an incident resolution service.
The Customer Service is a service that Dispromedia-Ebasnet provides to the Customer free of charge, from 9.30 am to 14:00 pm and from 16:00 pm to 18.30 pm, Monday to Friday. For this purpose, the Customer may make the relevant queries by sending an e-mail to one of the following addresses
-Products/Services Ebasnet SaaS Web and Ebasnet SaaS eCommerce Ebasnet: firstname.lastname@example.org
-Products/services Dispromedia Special Projects / Customized Websites / Dedicated Servers: email@example.com
-Products/services Dispromedia mail services disproMail: firstname.lastname@example.org
Or through a call to the telephone numbers (+34) 973 310 528 and (+34) 973 314 931
Dispromedia-Ebasnet recommends the use of e-mail to contact Customer Service
5. Rights and Obligations of the Client
The Customer shall have the right:
(a) to use the contracted Service under the terms and conditions agreed in the Terms and 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 the current legislation on Consumer and User Protection, are applicable, the Customer 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 their unambiguous willingness to withdraw, or by signing and sending to Dispromedia-Ebasnet along with a copy of your ID of the models provided by law.
The deadline will expire 14 calendar days after the conclusion of this contract. By accepting these conditions, the Customer expressly consents to the start of the execution of services immediately and during this withdrawal period.
The Client will not have the right of withdrawal in the cases of exceptions included in the current legislation, such as: services that have been completely executed; personalized services based on the Client's specifications such as domain names, digital certificates, web positioning or optimization analysis or report, content customization and design services, and services that include elements dedicated to the Client; and digital content supply services.
The Customer shall:
(a) comply with payment obligations on agreed terms and conditions
(b) collaborate actively with Dispromedia-Ebasnet to make possible the provision of the Services, being obliged, to that effect, to facilitate the necessary technical data, as well as to facilitate the access to its facilities and dependencies where the equipment that were necessary for the provision of the contracted Services are lodged.
(c) not to disturb, prevent, interfere, distort or damage the equipment or systems assigned Dispromedia-Ebasnet or third parties, as well as the facilities of the Data Processing Center.
(d) to observe all rules that Dispromedia-Ebasnet may impose on the use of its facilities and resources.
(e) not use the Services to carry out activities contrary to law, morality, public order or use the Services for illegal purposes or effects, prohibited, harmful to the rights and interests of others, disclaiming Dispromedia-Ebasnet any responsibility that might result.
(f) commits to use the services provided by Dispromedia-Ebasnet, in compliance with all local laws, state, national, international, including laws relating to the transmission of personal data from their country of residence.
The Customer is obliged to comply with the following rules:
(g.1) You may not use the Contracted Services to sell, display, upload, post, transmit, send or distribute any content or product that is illegal, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or in any other way that is determined by Dispromedia-Ebasnet.
(g.2) You may not use the Service to sell, display, upload, post, 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 content of the service(s) contracted with Dispromedia-Ebasnet, as well as the data and passwords for it.
Violation of any of the above points and rules may result in immediate termination and breach of this AGREEMENT OF GENERAL CONDITIONS OF USE / ELECTRONIC CONTRACTING OF SERVICES DISPROMEDIA (EBASNET), and may be subject to penalties and other legal consequences.