General Sales Conditions SIGNMENU.EU
Document updated on 21/06/2019
Any previous document will be invalidated as indicated in point 1.2
1. Object, modifications and benefits:
1.1. These general conditions, together with the particular conditions, the corresponding descriptions of benefits and the lists of fees, which in each case are established, will regulate the provision by SIGNMENU.EU 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 may be offered to the CLIENT in exchange for the corresponding remuneration to be satisfied by it and that in any case will always be public domain through the websites of SIGNMENU.EU www.signmenu.eu
1.2. SIGNMENU.EU may modify the content of this contract through the acceptance of the CLIENT. The acceptance of the modification of the contract will be considered given as long as the CLIENT does not refuse within four weeks after receiving the notification of the modification. SIGNMENU.EU will provide the CLIENT with the consequences of the non-opposition together with the information of the modification.
1.3. These general conditions prevail over any general condition that the CLIENT could claim, unless expressly agreed otherwise, in which the acceptance of those by SIGNMENU.EU is stated 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 finalize the application without acceptance of these General Conditions. So that the Contracting Party can make this acceptance and, therefore, make the request, it must be previously registered as a user in SIGNMENU.EU, covering for this a form with basic data whose sending will involve the granting of a user password and a password to access to the exclusive area of the Contracting Party, and acceptance of these Conditions. By accepting these conditions, the Employer gives its express and unreserved consent for SIGNMENU.EU to carry out the necessary collection operations for the acquisition of the services it contracts. So,
1.6. The present General Conditions together with the specific request made through the Internet by the Contracting Party - Particular conditions - imply the formalization of the Services Contract between SIGNMENU.EU and the contracting person who declares to be of legal age, have sufficient capacity to contract and have read, understood and accepted these Conditions.
2.1. The CLIENT shall have the right to use the contracted service or services in accordance with the general and specific conditions that in each case are agreed which, in the absence of specific conditions, shall be governed by the provisions herein established.
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 satisfy the agreed remuneration for each service or services in the terms and forms contained in the particular conditions and price lists that appear on this website or, if applicable, those agreed in particular.
2.4. The CLIENT must provide SIGNMENU.EU with correct and complete information. Therefore, it is obliged to inform SIGNMENU.EU immediately about any modification of the data provided and to confirm them again to SIGNMENU.EU, at the request of SIGNMENU.EU, within a period of 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 owner of the service, payment details (either credit or debit card, bank account) and the owner of the payment information. Given the case in which 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 operations, hypertext links, claims of third parties and legal actions that may trigger. 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 Regarding any service provided by SIGNMENU.EU, it is prohibited in a manner contrary to good faith and, in particular, in a non-exhaustive way:
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 SIGNMENU.EU, 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 in contravention of 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 spreading (Trojans, worms, etc.), or any other type of activity carried out with sabotage, fraudulent or criminal intent. SIGNMENU.EU expressly warns the CLIENT that their outgoing emails will be automatically filtered by SIGNMENU.EU to detect such activities in their case.
SPAM: The customer is solely responsible for the content sent through their email accounts regardless of whether the shipment has been made from their computers or from 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 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 infringement of any of the obligations indicated in points 2.4, 2.5, 2.6 and 2.7 SIGNMENU.EU will have the right to terminate the contract with the CUSTOMER without the latter having the right to any claim or, in its case, to demand from the client the damages caused by their negligence or misuse of services. SIGNMENU.EU has the right to interrupt the supply of the service upon written notification 48 hours in advance, which may also be done through email. In case of actions that by their own nature do not allow 48 hours notice, SIGNMENU.EU may temporarily suspend the contracted services until and when corrective measures are not established.
2.9 In the particular case of sending SPAM, SIGNMENU.EU will disable the mail accounts or systems that have produced the SPAM. In case of shipment, the customer will assume the expenses inherent to the overuse of the networks and services of SIGNMENU.EU as well as the damages and losses caused.
2.9. By SIGNMENU.EU the service or services contracted in the manner provided in these general conditions and, where appropriate, in the provisions of the particular conditions are guaranteed.
2.10. The CLIENT will not have the right to demand that the server be assigned the same IP address for the entire duration of the contract.
2.11 For each CUSTOMER Internet service, only one rate of SIGNMENU.EU may apply.
2.12 The data transmission volumes are established in the particular conditions of each service. The data transmission volume used is deducted from the sum of all the data transmissions related to the customer's order (such as emails, downloads, uploads, web pages, streams, ftp ...). For the determination of the data transmission volume, one Gigabyte is equivalent to one thousand Megabyte, one Megabyte is equivalent to one thousand Kilobyte and one Kilobyte is equivalent to one thousand Byte.
2.13 In case the CLIENT exceeds in one month the volume of transmission included in the rate, SIGNMENU.EU reserves the right to invoice the difference between the volume included in the contracted rate and the volume actually consumed at the SIGNMENU.EU prices. SL in force at that time for each of the services.
2.14 The CUSTOMER will choose a specific rate when making the order. As soon as it has not been agreed otherwise, it is not possible to combine different offers.
2.15. SIGNMENU.EU may limit, provisionally interrupt or even definitively cancel access to its services when it is necessary for 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 saved data. These interruptions will be communicated, as far as possible, with sufficient notice to the CUSTOMER via email. The aforementioned obligation shall not be enforceable against SIGNMENU.EU in case of force majeure or if there is a fall in the data network that serves as a basis for the provision of the same outside of its control.
2.16. SIGNMENU.EU is not responsible for: a) The content hosted in the space attributed to the user by the service. b) The possible damages in the equipment due to the incorrect use of the same (responsibility of the CLIENT). c) Damages 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 defective configuration by the CLIENT.
2.17. SIGNMENU.EU may assign the rights and obligations contained in these general conditions to one or more third parties. In this case the CUSTOMER may terminate the contract without a deadline.
2.18. SIGNMENU.EU 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. SIGNMENU.EU will not be responsible for damages of any nature that could be caused to a third party or to the CLIENT as a consequence of the illegal or improper use of the services by the CLIENT.
2.20. Any claim of the CLIENT to SIGNMENU.EU must be presented within a period that can not exceed two weeks, from the moment in which the CLIENT has had knowledge of the defects and interruptions 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 and the service's owner, and provides the electronic document of an electronic signature, in accordance with current regulations. The claim of defects and interruptions not notified in time is excluded.
The claim must be addressed by email to firstname.lastname@example.org es and must always be made by sending the email from the email address that the CUSTOMER has registered on your extranet.
After notification to SIGNMENU.EU of the defects and interruptions, objects of the claim, the CLIENT will grant SIGNMENU.EU a period of 20 days to reestablish the correct operation of the service. During this period, the CLIENT may not take any action against Ciberdomain Networks or terminate the contract due to such defects and interruptions.
2.21. SIGNMENU.EU will only be liable for damages caused as a result of the breach of an essential contractual obligation (cardinal obligations) by SIGNMENU.EU or one of the persons from whom SIGNMENU.EU uses to fulfill its obligations, jeopardizing the contractual object, or of those damages that were due to an intentional or badly reckless behavior of SIGNMENU.EU or one of the persons from which SIGNMENU.EU is used to fulfill its obligations. If the culpable breach of an essential obligation of the contract (cardinal obligation) does not occur in a seriously reckless or malicious, the responsibility of Ciberdomain Networks is l SIGNMENU.EU
The foregoing does not alter the responsibility of SIGNMENU.EU for the promise of certain characteristics of its products, for personal injuries as well as the derivative of imperative legal provisions.
In all other cases in which, by application of the relevant contractual clauses or by legal imperative, a responsibility of SIGNMENU.EU is given, and unless otherwise stipulated by law, the quantification of such liability shall be limited to the corresponding part of the consideration paid by the CLIENT.
SIGNMENU.EU is the owner of all copyrights, trademarks, intellectual property rights, know-how and how many other rights are related to the services contracted by the CLIENT, as well as the computer programs necessary for its implementation and information that it gets on it.
The CLIENT must respect the programs of use of third parties placed at his disposal by SIGNMENU.EU even if they were free.
The CLIENT, by virtue of this contract, does not acquire any right or license with regard to 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 compliance with this contract and only for the duration thereof.
The CLIENT undertakes to guarantee 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 distributing programs will not be considered used.
4.1. The rates included in the tariff lists are fixed. The rates depend on the choice of the agreed rate, contained in the corresponding special conditions. If rates were agreed independently of the use, SIGNMENU.EU may establish a prepayment system. The rates that are related to the use or consumption will be billed after the provision has been made.
4.2. SIGNMENU.EU may increase the amount of the rates no more than once per calendar quarter with a notice of four weeks 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 his disagreement with said increase, within fifteen days following his notification in writing 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 resolution by the client. Due to market conditions, registrations and renewals of domains are exempt from fifteen days' notice,
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 all times, in each place and in each country.
4.4 If there is a variation in the taxes applicable to the agreed services, SIGNMENU.EU may adapt its 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 SIGNMENU.EU, the payment of the invoices will be settled in the bank account indicated by the CLIENT, the CUSTOMER may use the other alternative means of payment available from the extranet, The CLIENT authorizes in the case of 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 CUSTOMER will cover the costs of all payment requirements, as well as the cost of returning the bank receipt and all other expenses accrued for said reason attributable to the CLIENT, including fees and expenses. the lawyers of SIGNMENU.EU. 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 SIGNMENU.EU reserves the right to suspend the services rendered in the event of 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, SIGNMENU.EU may immediately and definitively cancel the service, resolving the contract with the CLIENT due to non-compliance.
5.1. After the telephone request or sending the request by the CLIENT, SIGNMENU.EU can accept the contract request within a period of 14 days.
5.2. As long as the contrary has not been agreed upon, the contract has an unlimited validity period.
5.3. If the contract is signed for a certain period or a minimum period of validity has been agreed with the CUSTOMER, 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 waived with a term of four weeks before the agreed time or the end of the minimum period. The above shall apply, unless otherwise agreed in the particular conditions. The contract period is defined as the one specified in the invoice issued by the service.
6.1. The contract may be terminated by mutual agreement of the parties.
6.2. SIGNMENU.EU may terminate the contract when it remains for a period of validity of up to 6 months, 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 with a 3-month notice.
The contractual relations between SIGNMENU.EU and the CLIENT that do not have a specific duration, may be terminated by any of the parties 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 for its effectiveness the written form, which will also be considered fulfilled by means of telefax communication.
6.4. If the CLIENT requests additional services to the contract, the period initially agreed in the contract will be valid for them. The additional benefits may be, according to the renounced regulations indicated, subject to a separate waiver, and otherwise the validity of the contract will continue.
6.5. The CLIENT must communicate any withdrawal by email to firstname.lastname@example.org or by opening a ticket from their customer area.
6.6 The CUSTOMER to be able to request the withdrawal must be up to date with payment of all invoices, all of which are always clearly visible in their customer area. Any request sent with the customer's credit balance will not be taken into account and will be discarded. The client has the obligation to continue with the contracted service.
6.7 All withdrawals, unless stated otherwise in the specific conditions of a product, must be notified 15 calendar days in advance 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 termination of the contract and taking as reference the provisions of point 5.3 on the formalization of the contract, will not entitle to a refund or proration of the time not used as long as it is not demonstrated that the responsibility of the no provision of the service of SIGNMENU.EU
7.1 In accordance with the regulations in force on the protection of personal data, SIGNMENU.EU informs the CLIENT of the existence of automated computer files of personal data, for which SIGNMENU.EU is responsible, with CIF: B87093258 in ahead, Ciberdomain Networks.
7.2 SIGNMENU.EU 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, if applicable, to other CLIENT data stored there. Other Internet users may also be in a technical position to interfere in an unauthorized way with the security of the network, controlling the 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 CUSTOMER gives his consent to SIGNMENU.EU so that he can process his data in order to give 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, with respect to said data by writing to SIGNMENU.EU, C/ Nazaret 7, 28936 Móstoles, Madrid. These rights may also be exercised. terms that the applicable regulations establish and that you can consult in www.agpd
7.4 THE CUSTOMER 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, attorneys, records of unpaid and accounting and tax advice.
7.5 In the absence of express authorization from the CUSTOMER in this regard, SIGNMENU.EU may only process, distribute and use the CLIENT's personal data to the extent necessary for the purpose of substantiation and development of the contract and billing. Ciberdomain Networks will not use personal data for consulting, advertising and market research purposes, contrary to the express wishes of the CUSTOMER. In this case, the CLIENT may notify it by writing, sending it to the following address: SIGNMENU.EU C/ Nazaret 7, 28936 Móstoles, Madrid. The offer of an SIGNMENU.EU service will not depend on the consent of the CLIENT.
7.6 SIGNMENU.EU may assign the CLIENT's personal data to group companies.
8.1. When the CLIENT is a consumer and the contract is concluded without the simultaneous physical presence of the CLIENT and of SIGNMENU.EU (distance selling), the CUSTOMER will enjoy the right of withdrawal.
8.2. The CUSTOMER 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 deadline to exercise the right of withdrawal will begin to run from the day of 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 number / s of contract / s), to the address SIGNMENU.EU C/ Nazaret 7, 28936 Móstoles, Madrid.
8.4. The right of withdrawal of the CLIENT is extinguished early if SIGNMENU.EU, with the express consent of the CLIENT or on his initiative, has already begun with the provision of the contracted service before the expiration of the withdrawal period. The client does not have the right of withdrawal if SIGNMENU.EU supplies him merchandise elaborated in accordance with 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 request of the CLIENT). Neither does the CUSTOMER have the right of withdrawal if SIGNMENU.EU provides it with software in a data medium and the CUSTOMER disconnects it.
8.5 Withdrawal between commercial operations with companies, self-employed or professionals:
Except when specific conditions have been agreed in writing, it will be regulated by the following general conditions:
SIGNMENU.EU grants the CLIENT a warranty period of 45 days from the date of registration in the service, in which in case of not being satisfied with the offer of SIGNMENU.EU, you can terminate the contract, returning the fee basic paid. The amount returned to the CLIENT will not include additional expenses incurred, such as those accrued due to domain names or optional services hired by the CLIENT.
For this, a written and signed declaration by the CUSTOMER, sent on behalf of SIGNMENU.EU C/ Nazaret 7, 28936 Móstoles, Madrid in which it refers expressly to the exercise of the guarantee will be necessary. In any case, said statement must be received by SIGNMENU.EU within the term of the 45 days indicated.
Each CLIENT may only use this option once, regardless of the number of services contracted by SIGNMENU.EU.
This guarantee is only granted for services / contracts of indeterminate duration. At the same time, it can not be applicable in any case for the services contracted through promotional offers. To access the Reimbursement Guarantee, the CLIENT must request their service without opting to the current promotion during the registration process.
The warranty period will not apply to server services.
10.1. As provided in this contract, as well as in the interpretation and resolution of conflicts that may arise between the parties, Spanish legislation shall apply.
10.2. The parties, expressly waiving any jurisdiction that, according to law may correspond, are submitted for the final resolution of all disputes resulting from the contractual relationship to the courts or courts of Móstoles.
In case one or more of the stipulations of the contract prove null, this will not affect the validity of the rest.