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
- Protection of Personal Data
- Right of withdrawal
- Warranty period
- Applicable legislation and jurisdiction
1. General Conditions.
1. Purpose, modifications and benefits:
1.1. These general conditions, together with the particular conditions, the corresponding descriptions of benefits and the lists of rates, which in each case are established, will regulate the benefit by AMBIMEDIA LTD, of web hosting services, domain name registration, servers, streaming services, electronic messaging service, applications and computer tools, as well as other services that in the future could be offered to the CLIENT in exchange for the corresponding remuneration to be paid for this 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 You may modify the content of this contract by accepting the CLIENT. The acceptance of the modification of the contract will be considered given as long as the CLIENT does not reject within four weeks after receiving the notification of the modification. AMBIMEDIA LTD will provide the CLIENT with the consequences of non-opposition along with the information of 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
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 finalize the application without acceptance of these General Conditions. In order for the Contracting Party to make this acceptance and, therefore, make the request, it must be previously registered as a user in AMBIMEDIA LTD, covering for this a form with basic data whose submission will imply the granting of a user key and a password for access the exclusive area of the Contracting Party, and the acceptance of these Conditions. When the Contractor accepts these conditions, he gives his express and unreserved consent for AMBIMEDIA LTD to carry out the collection operations necessary for the acquisition of the services he contracts. Therefore, the Contracting Party consents expressly authorizing AMBIMEDIA LTD to make the payments in the payment methods that he himself introduces from a safe area and, therefore, the operations that AMBIMEDIA LTD performs either by direct debiting in the current account of the Contracting Party, or by making a charge on your card or any other payment method introduced by the Contracting Party, they are considered authorized for the purposes of the payment services regulations.
1.6. These General Conditions together with the specific request made through the Internet by the Contracting Party – Special conditions – imply the formalization of the Service Contract between AMBIMEDIA LTD and the contracting person who declares to be of legal age, have sufficient capacity to hire and 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 service or services contracted in accordance with the general and particular conditions that in each case are agreed upon, which, in the absence of specific conditions, shall be governed by what is established herein.
2.2. You must use the service or services contracted in accordance with the conditions agreed between the parties, current legislation and good faith.
2.3. You must meet 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 agreed in particular.
2.4. The CLIENT must provide AMBIMEDIA LTD Your correct and complete data. It is therefore obliged to inform AMBIMEDIA LTD immediately on any modification of the data provided and to be confirmed again to AMBIMEDIA LTD, at its request, within 15 days from the date of the modification.
Unless otherwise agreed in the particular conditions, the following information must be provided:
Full name, NIF / DNI / CIF, address, e-mail address, telephone, the holder of the service, payment details (either credit or debit card, bank account) and the holder of the payment data. In the case where the CLIENT is a legal entity, its legal form will also be requested.
2.5 The CLIENT has full responsibility for the content of its website, the information transmitted and stored, its holdings, the hypertext links, the claims of third parties and 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 laws or that infringes the rights of third parties.
The publication or transmission of any content that, in the opinion of AMBIMEDIA LTD be violent, obscene, abusive, illegal, xenophobic or defamatory.
Cracks, serial numbers of programs or any other content that violates intellectual property rights of third parties.
The collection and / or use of personal data of other users without their express consent or contrary to the provisions of Organic Law 15/1999, of December 13, on the Protection of Personal Data.
The use of the mail server and / or its email addresses for spam, mail bombing, phishing, escrow fraud, scam 419, pharming, virus dissemination (Trojans, worms, etc.), or any other type of activity carried out with sabotage, fraudulent or criminal activity. AMBIMEDIA LTD expressly warns the CLIENT that his outgoing emails will be automatically filtered by AMBIMEDIA LTD to detect where appropriate these activities.
SPAM: The customer is solely responsible for the content sent through their email accounts regardless of whether the shipment has occurred from their computers or third parties.
2.7 The web space offered may only be used for web content and applications. In this sense it is not allowed to make backups – 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 violation of any of the obligations indicated in points 2.4, 2.5, 2.6 and 2.7 AMBIMEDIA LTD You will have the right to terminate the contract with the CLIENT without the latter being entitled to any claim or, where appropriate, demanding from the client the damages caused by your negligence or misuse of the services. AMBIMEDIA LTD You have the right to interrupt the service prior written notification 48 hours in advance, which can also be done through email. In the case of actions that, due to their own nature, do not allow 48 hours notice, AMBIMEDIA LTD may temporarily suspend contracted services until and when corrective measures are not established.
2.9 In the particular case of sending SPAM, AMBIMEDIA LTD will disable mail accounts or systems that have produced SPAM. In case of shipment, 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. By AMBIMEDIA LTD the contracted service or services are guaranteed in the manner provided for 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 a single rate of AMBIMEDIA LTD
2.12 The volumes of data transmission 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 client’s order (such as emails, downloads, uploads, web pages, streamings, ftp …). For the determination of the volume of data transmission, one Gigabyte equals one thousand Megabyte, one Megabyte equals one thousand Kilobyte and one Kilobyte equals one 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 prices of AMBIMEDIA LTD valid at that time for each of the services.
2.14 The CLIENT will choose a specific rate when placing the order. As soon as it has not been agreed otherwise, the combination of different offers is not possible.
2.15. AMBIMEDIA LTD may limit, provisionally interrupt or even definitively cancel access to its services when necessary by the security of the network service, the maintenance of the integrity of the network and, especially, to avoid serious interruptions of the network, the Software or data saved. Said interruptions will be communicated, as far as possible, with sufficient notice to the CLIENT via email. The previous obligation will not be enforceable to AMBIMEDIA LTD in case of force majeure or if there is a fall in the data network that serves as the basis for the provision of the same outside their will and control.
2.16. AMBIMEDIA LTD is not responsible for: a) The content hosted in the space attributed to the user for the service. b) The possible damages in the equipment due to the incorrect use of the same (responsibility of the CLIENT). c) Damage due to a virus infection of your equipment. d) Errors produced by access providers. e) Any illegitimate interference by a third party. f) Defective configuration by the CLIENT.
2.17. AMBIMEDIA LTD may assign the rights and obligations contained in these general conditions to one or several third parties. In this case, the CLIENT may terminate the contract without 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 provision of the services provided.
2.19. AMBIMEDIA LTD will not be liable for damages of any kind that could 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 of the CLIENT to AMBIMEDIA LTD It must be submitted within a period that cannot exceed two weeks, from the moment the CLIENT has had knowledge of the defects and interruptions object of the claim. The communication must be in writing, which can also be done by email if the CLIENT adds to the claim his full name, NIF / DNI / CIF, 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 of defects and interruptions not notified on time is excluded.
The claim must be addressed by email to firstname.lastname@example.org and must always be made by sending the email from the email address that the CLIENT has registered in his extranet.
Upon notification to AMBIMEDIA LTD of defects and interruptions, objects of the claim, the CLIENT will grant to AMBIMEDIA LTD. a period of 20 days to restore the correct functioning of the service. During this period, the CLIENT may not take any action against AMBIMEDIA LTD or terminate the contract due to such defects and interruptions.
2.21. AMBIMEDIA MARKETING S.L. 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 people of whom AMBIMEDIA LTD it is used for the fulfillment of its obligations, jeopardizing the contractual object, or of those damages that were due to a malicious or seriously imprudent behavior of AMBIMEDIA LTD or one of the people of whom AMBIMEDIA LTD It serves to fulfill its obligations. If the breach guilty of an essential obligation of the contract (cardinal obligation) does not occur in a seriously imprudent or malicious manner, the responsibility of AMBIMEDIA LTD of the damage that was reasonably foreseeable for AMBIMEDIA LTD to the conclusion of the contract.
The foregoing does not alter the responsibility of AMBIMEDIA LTD for the promise of certain characteristics of their products, for personal damages as well as that derived from mandatory legal provisions.
In all other cases in which, by application of the relevant contractual clauses or by legal imperative, a liability of AMBIMEDIA LTD was given, and unless mandatory legal provision against it, the quantification of said responsibility shall be limited to the corresponding part of the consideration paid by 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 it obtains about it.
The CLIENT must respect the programs of use 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, of the computer programs necessary for the provision of the service nor on the technical information for monitoring the service, exception made of the rights and licenses necessary for the fulfillment of this contract and only for the duration thereof.
The CLIENT undertakes to ensure that any user of the programs respects the license agreement. The CLIENT may only use the programs on a computer simultaneously. It will be considered that there is a «use» of the programs when they are 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 independent usage rates have been agreed, AMBIMEDIA LTD You can set up a prepaid system. The rates that are related to the use or consumption will be billed after the benefit has been made.
4.2. AMBIMEDIA LTD You may increase the amount of the rates no more than once per calendar quarter with a four-week notice before the end of the quarter. For the validity of the increase, the consent of the CLIENT is required, which shall be deemed granted if the CLIENT does not declare his disagreement with said increase, within fifteen days following his 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 its validity with the new rates without the possibility of resolution by the client. Due to market conditions, domain registrations and renewals are exempt from fifteen days’ notice, and these may vary in price without prior notification.
4.3. All prices, costs and rates indicated in these general and / or particular conditions are understood 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 You can adapt your prices accordingly.
4.5. 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 domiciled in 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 direct debit of the invoices during the entire period of validity of the contractual relationship.
4.7. In case of non-payment of the invoice, the CLIENT shall bear the costs of all the payment requirements, as well as the cost of the return of 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 bank return 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 for any incident experienced in the collection of the service and / or for non-payment. If the CLIENT does not proceed to regularize the payments within the following 20 calendar days, AMBIMEDIA LTD You can cancel the service immediately and definitively, resolving the contract with the CLIENT for breach.
5. Offer, formalization and extension of the contract.
5.1. After the telephone request or sending the request by the CLIENT, AMBIMEDIA LTD You can accept the contract request within a period of 14 days.
5.2. As soon as the opposite has not been agreed, the contract has an unlimited period of validity.
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 at most one year, as long as it is not resigned 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 as the one specified in the invoice issued by 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 there is a validity period of up to 6 months remaining, with a notice of 1 month; 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 3 month notice.
The contractual relations between AMBIMEDIA LTD and the CLIENT that did not have a certain duration, may be terminated by any of the parties at any time without any justification. Such termination shall take effect on the last day of the month following that in which the other party is notified of the termination.
6.3. Any resolution requires for its effectiveness the written form, which will also be considered fulfilled by fax communication.
6.4. If the CLIENT requests additional benefits to the contract, the period initially agreed in the contract will be valid for them. The additional benefits may be, according to the indicated resignation regulations, subject to a separate resignation, continuing otherwise the validity 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 customer area.
6.6 The CUSTOMER in order to request the withdrawal must be up to date with the payment of all the invoices that exist, all of them are always clearly visible in their client area. Any request submitted with the client’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 withdrawals, unless otherwise specified in the specific conditions of a product, must be notified 15 calendar days before the end of the period. Any communication after this deadline will be taken into account for the next billing cycle.
6.8 Any withdrawal requested prior to the termination of the contract and taking as reference the provisions in point 5.3 on the formalization of the contract, will not entitle a refund or apportionment of the time not used as long as it is not demonstrated that the responsibility of the no provision of the service is AMBIMEDIA LTD
7. Protection of Personal Data.
7.1 In accordance with current legislation on personal data protection, AMBIMEDIA LTD informs the CLIENT of the existence of automated computer files of personal data, for which Ambimedia LTD is responsible, with CIF: B87093258 onwards.
7.2 AMBIMEDIA LTD expressly warns the CLIENT that the current state of development of the technique does not fully guarantee the protection of data in data transmissions in 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, where appropriate, also to other CLIENT data stored there. Other Internet users may also be able to interfere in an unauthorized way in the security of the network, controlling message traffic. The CLIENT will be fully responsible for the security of the data that he has transmitted on the Internet and recorded on network servers.
7.3 The CLIENT consents to AMBIMEDIA LTD so that you can process your data in order to give you a better service and 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 in writing by ordinary mail to AMBIMEDIA LTD, 62 Oadby Drive, Hasland, Chesterfield, S41 0YF . These rights may also be exercised in the terms that the applicable regulations establish and that you can consult in www.agpd.es
7.4 THE CLIENT gives his express consent for the transfer of his personal and billing information, as well as the contractual economic data to companies specialized in collections, lawyers, attorneys, unpaid records and accounting and tax advice.
7.5 In the absence of express authorization from the CLIENT in this regard, AMBIMEDIA LTD You may only process, distribute and use the personal data of the CLIENT to the extent necessary for the purpose of foundation and development of the contract and billing. AMBIMEDIA LTD will not use personal data for consulting, advertising and market research purposes, contrary to the express will of the CLIENT. In this case, the CLIENT can notify it in writing, by sending it to the following address: AMBIMEDIA LTD 62 Oadby Drive, Hasland, Chesterfield, S41 0YF. Offering a service from AMBIMEDIA LTD will not depend on the consent of the CLIENT.
7.6 AMBIMEDIA LTD may transfer the personal data of the CLIENT to group companies.
8. Right of withdrawal.
8.1. When the CLIENT is a consumer and the contract is concluded without the simultaneous physical presence of the CLIENT and AMBIMEDIA LTD (distance selling), the CLIENT will enjoy the right of withdrawal.
8.2. The CLIENT will have a maximum period of fourteen days to withdraw from the contract by written declaration and by ordinary mail without penalty and without indication of the reasons. The period to exercise the right of withdrawal will start 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 (Customer Identifier and contract number / s), to the address AMBIMEDIA LTD62 Oadby Drive, Hasland, Chesterfield, S41 0YF.
8.4. The right of withdrawal of the CLIENT is terminated in advance if AMBIMEDIA LTD, with the express consent of the CLIENT or at its initiative, has already begun with the provision of the contracted service before the expiration of the withdrawal period. The client has no right of withdrawal if AMBIMEDIA LTD supplies goods made in accordance with the specifications of the CLIENT or that are clearly designed according to their needs or if the CLIENT himself has ordered the provision of a service before the expiration of the withdrawal period (for example, immediate domain registration at the request of the CLIENT). Nor does the CLIENT have the right of withdrawal if AMBIMEDIA LTD It provides a software in a data carrier and the CLIENT 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:
- We will only accept returns of undisclosed material and in perfect condition, during the 7 calendar days after receipt. In the case of those devices that are “programmable” and that require access with username and password, they can be admitted when no access has been made to any area of equipment administration.
- Such returns will be processed as a commercial return, since there is no law that regulates the rights of withdrawal between companies and such 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 businessman for an amount of 80% of the purchase value. 20% will be applied as commercial compensation in favor of AMBIMEDIA LTD No returns of blister or heat sealed products will be accepted, and other products that have a broken security factory seal
- These conditions do not void the right to guarantee or exchange defective products. AMBIMEDIA LTD reserves the right to refuse the return if any anomaly is detected in the returned product.
9. Warranty period.
AMBIMEDIA LTD grants the CLIENT a guarantee period of 45 days from the date of registration in the service, in which if he is not satisfied with the offer of AMBIMEDIA LTD, he may terminate the contract, returning the basic fee paid. The amount returned to the CLIENT will not include additional expenses incurred, such as those accrued due to domain names or for optional services contracted by the CLIENT.
For this, a written and signed declaration by the CLIENT will be necessary, sent in the name of AMBIMEDIA LTD 62 Oadby Drive, Hasland, Chesterfield, S41 0YF in which it expressly refers to the exercise of the guarantee. In any case, said statement must be received by AMBIMEDIA LTD within the indicated 45 days.
Each CLIENT may only use this faculty only once, regardless of the number of services contracted by AMBIMEDIA LTD.
This guarantee is only granted for services / contracts of indeterminate duration. At the same time, it may not be applicable in any case for the services contracted through promotional offers. To access the Guarantee of Refund, the CLIENT must request their service without opting for the promotion in force during the registration process.
The warranty period will not apply to server services.
10. Applicable law 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, United Kingdom legislation shall apply.
10.2. The parties, expressly waiving any jurisdiction that, according to law may correspond to them, are submitted for the final resolution of all disputes resulting from the contractual relationship to the courts or tribunals of Chesterfield.
In case one or more of the stipulations of the contract are void, this will not affect the validity of the rest.