General conditions of contract

Table of Contents

Object, modifications and benefits

1.1. These General Conditions, together with the Particular Conditions, the corresponding descriptions of benefits and the rate lists, which are established in each case, will regulate the provision by Jaime Pérez Fernández Ceballos, with DNI 28756868Z, hereinafter "superclouding" of Web hosting services, domain name registration, servers, electronic messaging service, computer applications and tools (hereinafter, "the Services"), as well as other services that may be offered to the CLIENT in the future in exchange for the corresponding remuneration to be paid by him. Said Services will grant the CLIENT a right to use the products offered, subject to the terms, conditions and terms of these general conditions and the particular conditions that, if applicable, are established. 

1.2. These General Conditions shall prevail over any general condition that the CLIENT may allege, unless there is an express agreement to the contrary in which its acceptance by superclouding is recorded in writing.

1.3. These General Conditions will be applicable as long as they do not contradict the Particular Conditions or no Particular Conditions have been established.

Rights and obligations of the parties

Client

2.1. The CLIENT will have the right to use the Service or Services contracted in accordance with the General and Particular Conditions that are agreed in each case.

2.2. The CLIENT must use the contracted Service or Services in accordance with the conditions agreed between the parties, current legislation and good faith.

23. The CLIENT must be of legal age, that is, over 18 years of age.

2.4. The CLIENT must pay the agreed remuneration for each Service or Services in the terms and forms contained in the Particular Conditions and price lists. 

2.5. The CLIENT must provide superclouding with their correct and complete data. It is therefore obliged to inform superclouding immediately of any change in the data provided and confirm it again to superclouding, 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, NIF/DNI/CIF, confirmation that the client is of legal age, address, e-mail address, telephone number, the owner of the service, payment details (either credit or debit card, bank account or stripe ) and the holder of the payment data. In the event that the CLIENT is a legal person, its legal form will also be provided.

2.5.bis The CLIENT accepts that the email address provided by the CLIENT to superclouding, as contact information, is the means of receiving any communication by superclouding in relation to this contract and the obligations derived from it. In this way, it will be considered that superclouding complies with the obligation to inform the CLIENT when sending any relevant communication by email.

2.6. THE CLIENT is responsible for compliance with applicable laws and regulations and, merely by way of example, for the rules that have to do with the operation of the online plan, electronic commerce, copyright, maintenance of public order, as well as as universal principles of Internet use. Therefore, CLIENT agrees to comply with all applicable laws and regulations in connection with this agreement. 

THE CLIENT agrees to hold superclouding and its affiliates, employees, agents, representatives, contractors and others harmless in compliance with the General Conditions of superclouding for the use of this product/service. 

2.7. In relation to any content that the CLIENT may host in the web space and/or servers provided by superclouding, during the use of any service provided by superclouding to the CLIENT and throughout the duration of the contract, the CLIENT assumes that he is the owner of all the necessary rights (in particular intellectual property rights, patents and trademarks) and that it does not infringe any rights of third parties. Thus, the CLIENT will be solely responsible for said content. In the event of any claim by third parties, as a result of a breach or infringement by the CLIENT, superclouding may request compensation from the CLIENT for the damages caused, including the costs of any legal action necessary to defend the legitimate interests of superclouding

Therefore, the CLIENT undertakes NOT to use the Services in a manner contrary to good faith and, in particular, in a merely enunciative manner, will not carry out with respect to them:

A use that is contrary to Spanish law or that infringes the rights of third parties. 

Any publication or transmission of content that, in the opinion of superclouding, is violent, obscene, abusive, illegal, xenophobic or defamatory. 

The use of cracks, program serial numbers 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. superclouding expressly warns the CUSTOMER that their outgoing emails will be automatically filtered by superclouding to detect, where appropriate, such activities. 

The use of the web space to upload files that are not suitable for the purposes of hosting or telematic hosting, such as, by way of example, making backups of any kind, storage for remote uploads, storage of data for sharing files or behaviors similar not directly related to the contents and applications of said Web space.

The use of access to electronic messages stored on a server as a "virtual hard disk", that is, its use for the storage of files as archives or in any other way. The use of the e-mail account may not be used for other purposes than those related to a normal e-mail traffic context. 

2.8. The Web space offered in "Shared Services" (that is, all shared hosting services excluding servers) may only be used by the CLIENT 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. 

In any case, the CLIENT will not use the Web space in such a way that it supposes an excessive load for the superclouding equipment or that in any way harms the functioning or operations of the equipment or the superclouding network. 

2.9. The CLIENT undertakes to adopt as many security measures as are convenient or necessary to preserve the confidentiality and secrecy of their User (Login) and Password (Password) to access the superclouding portal, which will be, in any case, personal and non-transferable. 

2.10. In case of infraction of any of the obligations indicated in points 2.3, 2.5, 2.6, 2.7, 2.8 and 2.9, superclouding will have the right to terminate the contract with the CLIENT without the CLIENT having the right to any claim. Likewise, superclouding will have the right to interrupt the supply of the service with prior written notification 48 hours in advance, which may also be done by email, and, where appropriate, to its subsequent cancellation. 

2.11. superclouding may provide the user with access to software, services or applications (“apps”) developed and published by third parties through the “App Market” functionality included in some of superclouding's products, such as the online store. Allowing the CLIENT to access third party applications is merely a facility for the client and does not in any way constitute an endorsement, sponsorship or any form of superclouding association with those third parties. The developers or editors are independent third parties of superclouding, and superclouding has no responsibility or intervenes in any way in the relationship between the third party and the CLIENT. superclouding informs the CLIENT that by using third-party applications, the CLIENT agrees with the terms and conditions established by the third party itself, and that this agreement does not regulate the relationship between the CLIENT and the third party. superclouding informs the CLIENT that, when using third-party applications, the private and/or sensitive information that the CLIENT shares with superclouding may be accessible by the third party that provides the application, and that superclouding is not responsible for any disclosure, modification or deletion of data that may be derived from this access. The CLIENT accepts that superclouding, its parent companies, subsidiaries and affiliates are in no way responsible for damages caused by the use of any third-party application and, therefore, will not be responsible for any claim or demand that may arise. of the use of third-party applications available in the functionality of the "App Market".

NOT ALLOWED CONTENT

  1. Storage of adult content is not allowed.
  2. Warez / hacking / phishing type storage sites are not allowed.
  3. Mass mailing is not allowed (your account will be automatically suspended if you try to send mass mail).
  4. We do not allow file or image sharing or hosting sites.
  5. Only chat, proxy or file download sites are not allowed.
  6. Paid-to-surf, auto-surf, buxto, and other similar scripts are not allowed.
  7. We do not allow online game scripts like ogame, mafia or similar.
  8. Not allowed: Nulled or pirated software or templates.
  9. The account cannot be used only to store files, all sites must contain normal content.
  10. Sites related to torrents / trackers cannot be stored.
  11. Sexual, violent, racist, weapons-related content, content prohibited in your country, or unethical content in general cannot be stored.
  12. No content that is unrelated to the operation of the website may not be stored.

USES NOT PERMITTED

  1. Uploading, posting, emailing, transmitting, or otherwise making available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racial , ethnic or any other objectionable case
  2. Harming minors in any way
  3. Impersonate another person or entity
  4. Forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Service
  5. Uploading, posting, emailing, transmitting, or otherwise making available content that you do not have a right to post under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information as part of employment relationships or under contracts of confidentiality)
  6. Uploading, posting, emailing, transmitting, or otherwise making available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary right of any party.
  7. Uploading, posting, emailing, transmitting, or otherwise making available any form of unsolicited or authorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except those areas (such as shopping) that have been designated for that purpose
  8. Uploading, posting, emailing, transmitting or otherwise making available any material that contains malware or viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer program or hardware or telecommunications equipment.
  9. Upload, publication, email, transmission or any action, which makes available any material of a broadcast / streaming type.
  10. Interfere with or disrupt the Service or servers or networks connected to the Service, or violate any requirement, procedure, policy or regulation of connected networks
    service
  11. Intentionally or unintentionally violate any applicable local, state, national or international law.
  12. Providing supporting material or resources (or concealing or disguising the nature, location, source, or ownership of supporting material or resources) to any organization(s) designated by the government as a foreign terrorist organization.
  13.  "Stalking" or harassing another person
  14.  Uploading, posting, emailing, transmitting, or otherwise making material available for the purpose of file distribution, transmission, or streaming
  15. Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in points 1 to 14.

Failure to comply with these terms and conditions of use will result in the immediate suspension of the corresponding hosting account.

UNLIMITED SPACE:

At Superclouding we do not put limits on your projects, but you have to be clear that you are hiring. A Web Hosting, which as its name suggests is to store Web pages.

The use of unlimited disk space to store any other content that is not related to the operation of the website is considered abuse and therefore suspension of the service without refund. As well as the use of disk space to store heavy videos and images. The Superclouding team recommends the use of third party services to store such content.

superclouding

2.11. superclouding guarantees that the contracted Services will be provided in the manner provided in these General Conditions and, where appropriate, as established in the Particular Conditions.

2.12. 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. 

2.13. For each Internet domain of the CLIENT, only one superclouding fee may be applied.

2.14. Unless otherwise agreed, the monthly transmission volume indicated at the time of contracting through www.superclouding.com is considered included in the rate. The volume of data transmission used is deducted from the sum of all data transmissions derived from the use of the product by the CLIENT (such as emails, downloads, uploads, web pages). For the determination of the volume of data transmission, a Gigabyte is equal to a thousand Megabyte, a Megabyte is equal to a thousand Kilobytes and a Kilobyte is equal to a thousand Bytes.

2.15. In the event that the CLIENT exceeds the transmission volume included in the rate in one month, superclouding reserves the right to invoice the difference between the volume included in the contracted rate and the volume actually consumed at the superclouding prices in force at that time. This power will not apply in the event that the transmission volume provided for in the contracted rate is unlimited. 

2.16. The CUSTOMER will choose a certain rate when placing the order. Unless otherwise agreed, the combination of different offers is not possible. 

2.17. superclouding offers a guarantee of operation of the Services that entitles the CLIENT to receive a total or partial payment of the fees paid in the event that the total availability of the web pages hosted by superclouding is less than 99,99%. In the event that the CLIENT demonstrates to his satisfaction that the total availability of the hosted pages is less than the aforementioned reference, the CLIENT may contact superclouding to request a payment of the rate for said month proportional to the time of lack of availability, payment that will be will be assigned to the future purchase of superclouding services. Subscriptions are not exchangeable for money and do not affect applicable taxes. Credits will not apply to interruptions caused by (i) scheduled periodic maintenance or repairs carried out from time to time by superclouding; (ii) lack of availability caused by the CLIENT, (iii) availability incidents that do not limit the browser's access to the CLIENT's website (for example, interruptions to the ftp or e-mail service); (iv) suspension of the CLIENT's account due to legal actions taken or announced against the CLIENT or its services; (v) suspension of the CLIENT's account for violations of the General Contract Conditions, such as, by way of example, excessive use of system resources, non-payment or incidents of payment or identification of fraudulent behavior or violations of the Conditions Contracting Generals; or (vi) causes beyond the control of superclouding or not reasonably foreseeable by . 

2.18. superclouding may temporarily limit or interrupt the CUSTOMER's access to its services when 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 stored data. .

Said interruptions will be communicated, as far as possible, sufficiently in advance to the CLIENT through www.superclouding.com or via email. The foregoing obligation shall not be payable to superclouding in the event of force majeure or if there is a failure of the data network that serves as the basis for its provision beyond its will and control.

 superclouding reserves the right to definitively cancel the aforementioned access in the event that the CLIENT seriously violates its obligations and/or in the event that, for reasons beyond the control of superclouding, it is essential to make technological changes that prevent the continuation of the service, prior notification to the CLIENT 15 days in advance.

For these purposes, those referred to in clause 2.10 of these General Conditions are considered serious infractions. 

2.19. superclouding is not responsible for: 

The content hosted in the space attributed to the user by the service;

Possible damage to the equipment due to its incorrect use (which will be the responsibility of the CLIENT);

Damage due to virus infection of your equipment;

The errors produced by the access providers;

Any illegitimate interference by a third party;

The faulty configuration by the CLIENT.

2.20. superclouding 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 immediately. 

2.21. superclouding 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.

2.22. superclouding 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. 

2.23. Any claim of the CUSTOMER to superclouding must be submitted in writing, which may also be done by email if the CUSTOMER 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 with 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 to the email at info@superclouding.com.

After notifying superclouding of the defects and interruptions, objects of the claim, the CLIENT will grant superclouding a period of 20 days to restore the correct functioning of the service. During this period, the CLIENT may not exercise any action against superclouding or terminate the contract due to such defects and interruptions. 

2.24. superclouding will be liable in any case for damages caused as a result of a contractual breach that is due to willful or seriously reckless behavior of superclouding or one of the persons that superclouding serves to fulfill its obligations. If the breach of contract does not occur in a seriously reckless or willful manner, superclouding's liability will be limited to the amount of damages foreseen or that could have been foreseen at the time the contract was signed.

In any case, and unless there is an imperative legal provision to the contrary, the quantification of the aforementioned liability will be limited to the consideration effectively paid by the CLIENT to superclouding for the contracted Services. 

 

Licenses, Intellectual Property

superclouding is the owner or, where appropriate, is authorized for use by the legitimate 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 use programs of third parties made available by superclouding even if they were free, of which superclouding has the necessary exploitation rights.

The CLIENT, by virtue of these General Conditions, does not acquire absolutely any right or license on the Services provided, on the computer programs necessary for the provision of the Services, nor on the technical information for monitoring the Services, with the exception of the rights and licenses necessary to comply with these General Conditions and only for the temporary duration of the contracted Services. 

For some specific rates, superclouding can make available to the CUSTOMER a gallery of images with photographs that the CUSTOMER may display on its web page hosted on superclouding. In any case, said images/photographs will be the property of superclouding, or one of its providers. Thus, superclouding allows the use of the aforementioned images/photographs exclusively on web pages designed under the corresponding specific rates and whose hosting provider is superclouding itself, and only for online viewing. Any use other than the above is not permitted, including advertisements in any audiovisual medium, printed advertising, etc. Any other use other than that permitted, will be considered non-legitimate by superclouding and all responsibility derived from it will be solely of the CLIENT. 

Due to the fact that superclouding, or its supplier, will in any case maintain the property of the images/photographs, superclouding may request the CLIENT to withdraw any image/photograph in the event that the superclouding use license itself has expired, or based on any other circumstance covered by the legitimate interests of superclouding. If the CLIENT does not delete the image/photograph in question, in the event of any claim by third parties on licenses, trademarks, patents or intellectual property, the responsibility before said third parties will fall on the CLIENT. CUSTOMER exclusively. 

The CLIENT undertakes to guarantee that any user of the programs respects the conditions of use thereof. 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 in the main memory or on a file medium of a computer. A program that is solely installed on a network server for the sole purpose of program distribution will not be considered used. 

To use the software provided by superclouding for a product without additional consideration, the CUSTOMER must activate it using a license code provided by superclouding. The license code will be valid for 6 months, after which an activation will no longer be possible.

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, superclouding may establish a prepaid system. The rates that are related to the use or consumption will be invoiced after the provision has been made.

4.2. superclouding 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 their disagreement with said increase, within four weeks of their written notification, sent through a support ticket. 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 notified rates. 

4.3. The customer will be informed of the final price, including applicable taxes, when formalizing the purchase process and always prior to the customer sending their order to superclouding. 

4.4. If there is a variation in the taxes applicable to the agreed services, superclouding may adapt its prices accordingly. 

4.5. Invoices will be issued and sent to the CLIENT by email. The CLIENT accepts the use of email as the only applicable way to receive the invoices generated by the provision of the Services.

4.6. Depending on the service provided and the payment method provided by superclouding, the payment of the invoices will be debited to the bank account indicated by the CLIENT or will be charged to the bank card/stripe number provided by the CLIENT. The CUSTOMER expressly authorizes superclouding to make this direct debit or charge the invoices to the card during the entire period of validity of the contractual relationship. 

4.7. For payment by direct debit/direct debit (SEPA), the following applies:

The client authorizes superclouding to withdraw the charges from the specified account by means of an express declaration (mandate). The prior notification ("Prenotification") will be sent five business days before the amount is withdrawn from the account and at the earliest, said amount will be withdrawn five business days after the invoice date. The invoice will be notified to the client by email (or failing that in their personal configuration menu or in another agreed manner). The client will be obliged to have sufficient funds in the specified account so that the amounts owed can be withdrawn.

The amount withdrawn may vary from the amount communicated in the prior notification if: 

SEPA direct debit has been granted for various contractual relationships,

there is a separate billing/invoice for each contract and prior notification for each contract,

the invoices coincide on their due date, that is, the sum of the individual invoices (in total) is withdrawn from the indicated account.

An authorization issued by the customer before 02.01.2014 to collect recurring direct debits will remain valid after this date. In accordance with article 7 of Regulation (EU) No. 260/2012 (SEPA Regulation), as customer approval to withdraw amounts with SEPA direct debit.

4.8. In the event 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 accrued for said reason attributable to the CLIENT, including fees and expenses. from the superclouding lawyers 

4.9. superclouding reserves the right to suspend the Services provided in the event of any incident experienced in their collection and/or due to non-payment. If the CLIENT does not proceed to pay for the Services within the 20 calendar days following the invoicing of the Service, superclouding may immediately suspend the Service and simultaneously proceed to claim the amounts owed, being able to subsequently terminate the contract with the CLIENT for non-compliance. 

4.10 Refund (30 days)

We offer a refund within 30 calendar days for our hosting or web hosting customers who are not happy with the service provided. They may request through a support ticket the reimbursement of the cost associated with their hosting/web hosting service, the amount of which will be fully reimbursed using the same payment method that the client used when contracting the service. 

BASIC RULES to qualify for reimbursement

No refund will be made in the following cases

  • The client has not complied with the Terms and Conditions of use of superclouding
  • Reimbursement does not apply to Domains, SSL certificates and other add-ons, only to web hosting plans (Web Hosting).
  • No refund can be requested if more than 30 calendar days have passed since the date of the ORDER (not the date of payment).
  • Failure to properly notify (using official contact methods) the refund request. We recommend using support ticket.
  • The client has not used real data in his account.
  • In the case of a free domain (promotion), the refund made will be the amount of the service less the price of the domain at the time of requesting the refund.

Offer, formalization and extension of the contract

5.1. After the telephone request or sending of the online request by the CLIENT, superclouding may accept the contract request within a period of 14 days. superclouding will make available to the CLIENT these General Conditions to which the contract will be subject, so that they can be stored and reproduced by the CLIENT. After the aforementioned request or request by the CLIENT, superclouding will confirm the contract by sending a welcome e-mail to the CLIENT informing him of the activation of the contracted services and their details.

5.2. If the contract is signed for a specific period or a minimum period of validity has been agreed with the CLIENT, it will be automatically extended in each case for the agreed time or for the minimum period, as long as it is not waived within four weeks. before the agreed time or the end of the minimum period. The provisions of this clause shall apply unless otherwise agreed in the Particular Conditions.

Termination of the contract

6.1. The contract may be terminated by mutual agreement of the parties.

6.2. The contractual relationships between superclouding 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.

6.3. The CLIENT may terminate the contracts conditioned to a minimum permanence commitment in advance, as long as he repays superclouding the difference in price between said contracts and those that, at the time of contracting, superclouding offered in a manner not conditioned to a permanence commitment. minimum for the same products or services.

6.4. The CUSTOMER has the online tool (http://my.superclouding.com/) to manage their contract, through which they can request to cancel the entire contract or any of the services associated with it. Said unsubscribe request will generate the sending of a confirmation e-mail by superclouding, which will contain the necessary information to complete the unsubscribe procedure.

6.5. 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.

6.6. By contracting the Premium services, you authorize the superclouding agents to access your web space and the data stored in it.

Personal data protection

superclouding expresses the utmost respect and attaches great importance to the protection of its clients' data, whose decisions regarding the use of their data will be respected in any case.

superclouding complies with Organic Law 15/1999, on the Protection of Personal Data and with any other current regulations on the matter, and maintains a Privacy Policy on personal data, which establishes, mainly, the use that superclouding makes of personal data, customers are informed in detail of the essential circumstances of said use and of the security measures that are applied to their personal data to prevent unauthorized third parties from accessing them.

We have a statement of our privacy policy posted on the website.

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 superclouding (distance selling), the CUSTOMER will enjoy the right of withdrawal described in this section.

8.2. The CLIENT will have a maximum period of 14 days to withdraw from the contract by written statement, sent by support ticket generated within their client area or by email to cancelacion@superclouding.com mentioning the data referred to in clause 2.5 , as well as those of the Service (client identifier and contract number/s). The period to exercise the right of withdrawal, which will not imply any penalty or the need to indicate the reasons, will begin to run from the day the contract is signed.

8.3. The CLIENT's right of withdrawal is extinguished in advance if superclouding, with the express consent of the CLIENT or at his initiative, has already begun the provision of the contracted service before the expiration of the withdrawal period. The CLIENT does not have the right of withdrawal if superclouding 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 withdrawal period (for example, immediate registration of a domain at the request of the CLIENT). Neither does the CLIENT have the right of withdrawal if superclouding supplies them with software on a data carrier and the CLIENT unseals it.

Money Back Guarantee

In addition to the right of withdrawal, superclouding grants the CUSTOMER a trial period of 30 days, counted from the date of registration in the service, in which, in case of not being satisfied with the superclouding product or service, the CUSTOMER may terminate the contract at no cost. This commitment will not apply to domain name registration. In the case of specific services where the CLIENT can change the basic configuration and add additional services, this commitment will apply only to the basic configuration.

You can cancel your contract within the first 30 days free of charge and without giving reasons in the superclouding Control Panel (https://my.superclouding.com/).

In the event that the trial period consists of the return of the money paid in advance in relation to the first 30 days of the contract, and not in a free trial period during the first 30 days, each CUSTOMER may only make use of this faculty only once, regardless of the number of Services you have contracted with superclouding 

Applicable law and jurisdiction, Alternative dispute resolution

10.1. In the provisions of these General Conditions, as well as in the interpretation and resolution of conflicts that may arise between the Parties, Spanish legislation will apply. 

10.2. The Parties submit for the final resolution of all disputes resulting from the contractual relationship to the courts or tribunals that are competent in each case. Likewise, as an entity adhered to CONFIANZA ONLINE and in the terms of its Code of Ethics, the user may resort to the system of extrajudicial resolution of controversies of CONFIANZA ONLINE (www.confianzaonline.es) 

10.3. Likewise, the CLIENT knows that superclouding is not adhered to the online dispute resolution arbitration system of the European Union. You can access the EU platform for online dispute resolution at the following link here. 

About domain registration

In the event that one or more of the stipulations of these General Conditions are invalid, the validity of the rest will not be affected.

  1. Particular Conditions for Domains
  2. Domain registration

1.1. The different Top-Level-Domains are administered by many different organizations, mostly national. Each of these domain assignment organizations has established different conditions for the registration and administration of Top-Level-Domains, their corresponding Sub-Level-Domains and for the way to proceed in cases of domain disputes. 

1.2. Regarding the procedures of assignment, renewal, cancellation, modification of data, transfer of management, cancellation and transmission of any domain names offered by superclouding 

1.3. For security reasons and in accordance with ICANN regulations, when the CLIENT requests a modification of the domain contact information, it will establish a 60-day block of the domain for which, during said period, the domain transfer will not be possible. . For these purposes, the following changes will be considered domain contact details:

if the CLIENT modifies the name, surnames, the name of the company/legal person, or the email of the owner of the record (Reg-C);

if the CLIENT modifies the email of the administrative contact (Admin-C)

1.4. The CUSTOMER accepts that for security reasons superclouding protects its domain name against unauthorized transfer requests of said domain name by blocking transfers. The CLIENT may authorize transfers in individual cases by removing said block. 

1.5. In the creation and/or maintenance of domains, superclouding will intervene in the relationship between the CLIENT and the corresponding body that grants the domain, as a mere intermediary. superclouding has no influence on the domain allocation. superclouding does not assume any guarantee that the domains requested by the client will actually be granted and/or that the granted domains are free of rights in favor of third parties or have long-term continuity. The CLIENT will have the right to cancel their pre-reservation for individual domains up to the date of registration of the pre-reserved domain in the event that the initial price of the domain is higher than the price originally indicated by superclouding. This right only refers to new gTLDs in the circumstances detailed above. The CLIENT agrees that the registration renewal prices of some TLDs will not be uniform insofar as the registration renewal fee of a domain name may be different from that of other domain names in the same or other TLDs. . 

1.6. superclouding cannot guarantee the CLIENT that the domain name or the TLD will be registered by the competent registration body. Likewise, superclouding cannot guarantee the CLIENT that the TLD will be available to the general public or that it will be offered by superclouding. It may happen that the TLD is subject to special Registration Terms and Conditions and/or restrictions not known at this time. Likewise, it may be the case that superclouding is not allowed to register the domain on behalf of the CLIENT due to said Terms and Conditions and/or restrictions. In this case, the CLIENT will have the right to cancel their pre-registration without incurring any cost. In the event that the domain name is not registered by the registrar and the TLD is not available, the CLIENT will not incur any cost. 

1.7. superclouding will inform the CLIENT when the domain name has been successfully registered. In subsequent years, if the CUSTOMER does not request its cancellation, the domain will be automatically renewed for the period accepted during the contracting process. The contracting and renewal of the domain will entail the obligation of the CLIENT to pay the established price and the authorization of the CLIENT so that superclouding can collect said amount in the payment data provided by the CLIENT. The renewal prices can be reviewed here: Domain prices 

1.8. When obtaining and/or maintaining SSL certificates, superclouding only acts as an intermediary in the relationship between the client and the respective issuer of the certificate. superclouding has no influence on the issuance of the certificate. superclouding does not guarantee that the certificates requested for the client will be assigned or permanent.

In the case of the unlimited rate of SSL certificates, the client will receive an SSL certificate for each domain that they have contracted with superclouding, so that the SSL certificate can be used in each of the domains registered through superclouding; If the consumer makes a new contract that includes a superclouded domain, another SSL certificate will be automatically assigned. 

  1. Domain rights, litigation

2.1. The CLIENT guarantees that the domain requested by him does not infringe the rights of third parties. 

2.2. The CLIENT is obliged to immediately notify superclouding of the eventual loss of his domain. If the CLIENT plans the recovery of his domain by a third party, he will be obliged to immediately inform superclouding about the initiation of negotiations with the third party, answer superclouding's queries about the status of negotiations with the third party and grant superclouding the preferential right of recovery for the CLIENT, in the cases and to the extent that this does not harm the interests of the CLIENT.

23. As long as the CUSTOMER himself has not yet provided a domain with content, superclouding will be authorized to introduce its own content, such as superclouding or third-party advertising.

  1. Duration and automatic renewal of domain registration

The domains subject to these Particular Conditions will be registered for the period indicated in the Particular Conditions and automatically renewed for identical periods, unless any of the following circumstances occur:

3.1. Failure to comply with contractual obligations by the CLIENT. For these purposes, the non-payment by the CLIENT of the amounts due will not have the consideration assigned in this clause and, therefore, will not prevent the automatic renewal of the domain name;

3.2. Express denunciation of the contract by the CLIENT;

3.3. Any other reason provided by law for this purpose.

The renewal of the domain will entail the CLIENT's obligation to pay the price established for it and the CLIENT's authorization so that superclouding can collect said amount from the CLIENT's bank account. Your payment by credit/stripe card will be equally valid.

III Particular Conditions for Premium Services

1.1. Due to the special characteristics of the Premium Services and their variety, premium services will be contracted through a support agent and always as an additional service linked to a previously valid contract.

1.2. The request for a Premium Service must be made in any case by the owner, or authorized person, of the aforementioned prior contract.

1.3. Premium Services are only available upon request (and subject to support department availability). The CUSTOMER will be charged an additional charge for each Premium Service independent of the rate corresponding to his previous contract with superclouding.

1.4. The characteristics of each Premium Service will be detailed by the support agent, through the description of the service, at the time of requesting it.

1.5. Prior to the execution by the support agent of any Premium Service, the CLIENT must accept the description of the service and the corresponding additional charge. The said corresponding additional charge will be applied right after the execution by the support agent.

1.6. Due to the personalized characteristics of the Premium Services and the need for immediacy in their execution, the 30-day trial period cannot be applied. 1.7. The request to cancel a Premium Service will not affect any other previous contract. Said contracts must be canceled expressly and independently, depending on the form of termination of the contract regulated in the General Conditions.

1.8. In some cases, and due to the nature of the service provided, the CLIENT must accept that the support agent has remote access to their systems for the service to be carried out successfully. Likewise, the CLIENT must have the technical requirements so that said service can be provided (for example, DSL connection, Internet connection and modem) and follow the instructions provided by the support agent.

1.9. Also, in some cases, the support agent may request the CLIENT to provide files and information ("Content") for the configuration of their services. CLIENT shall submit all required content in electronic file format (including, but not limited to, Word, jpeg, gif) via email, in addition this content and CLIENT-supplied materials (for example, images and logos) shall be be of good quality and adequately sized for the intended use. The CLIENT undertakes that said content is not contrary to current legislation. Likewise, the CLIENT assumes that it is the owner of all the necessary rights (particularly intellectual property rights, trademarks and patents) and that it does not infringe any third-party rights. It is an express wish of superclouding that the CLIENT does not include any content that may be offensive, violent, xenophobic, discriminatory, pornographic, etc. superclouding may exclude from the service any content that in its opinion includes this type of content contrary to the law.

1.10. Depending on the type of service requested, for the correct provision of some services, it will be necessary for the CLIENT to save all its content, material, data, etc. in a backup copy and confirm to superclouding that it has it. In some cases, it is possible that technically the CUSTOMER cannot make a backup before the intervention of superclouding. In these cases, the support agent will inform the CUSTOMER that the changes made, at his request, will mean not being able to recover the previous content. It is also necessary that the CLIENT accept this last condition for the support agent to make the requested changes.

1.11. In the same way, depending on the type of service, it may be necessary for the CLIENT to establish a provisional password to be used by superclouding, it will be the responsibility of the CLIENT to change it later.

1.12. superclouding will inform the CLIENT when the requested service is completed correctly.

1.13. In the Premium Services that consist of the presentation of a design by superclouding, after notification of completion of the design, the CLIENT will have 14 business days to request changes in the design. All changes requested by the CLIENT must be in accordance with these Particular Conditions for Premium Services. Within these changes in the design, which may be requested by the CLIENT, they are considered "small modifications", for example changes in the text, an image, a title, etc. However, once the design is finalized, no major changes can be made to the layout, page structure, colors or typography. In case of doubt, the decision on whether or not a modification can be made within the framework of Premium Services will always be the responsibility of the superclouding support agent. The CLIENT will not have the right to demand that said modifications be made.

1.14. If the superclouding support agent considers that the requested changes cannot be made due to the characteristics of the service, the CLIENT will be duly informed. In the event that the CLIENT requests other services, the support agent will provide the CLIENT with an estimate of the price and expected time for said services. Any price estimate and schedule may be subject to change based on the specific needs of each service.

1.15. In the Premium Migration Service, the client assumes that the service will not consist of an exact clone of his current web page, due to the technological differences of the tools involved in said Migration. Thus, the CLIENT will be informed of said circumstance before proceeding with the aforementioned Migration. In any case, after acceptance by the CLIENT of the description of the service, and the corresponding additional charge, this additional charge will be equally applied even if the CLIENT considers that the new website is not exactly the same as the previous one.

1.16. superclouding will not assume any responsibility in case of any damage, loss or lost profits, of any nature, suffered by the CLIENT as a result of the CLIENT's breach of these Particular Conditions for Premium Services.

Contact

To contact superclouding you can use the methods detailed in the section of our website. If it is technical assistance for our customers, you must open a support ticket from your panel. You can also use email:

info@superclouding.com for various queries or the online chat on our website. The maximum estimated time for response is 24 hours, but it is usually shorter. There may be a delay in response if contacted on holidays or vacation periods.

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