TERMS
AND CONDITIONS OF
SERVICE
General
- Scope
1.1
The following terms and conditions apply to all business
relationships between the customer and INTERGRID
SL, following named as “us”. The governing law is that which was
valid when the contract was put into effect.
1.2
Dissenting, conflicting or additional customer terms and conditions,
even if acknowledged, are not part of the contract unless their
validity is expressly agreed upon.
2.
Conclusion of the contract
2.1
Our offers are subject to change. We reserve the right to make
technical and other changes within reason.
2.2
Upon ordering, the customer is bound to the tentative offer. We will
confirm the receipt of the customer's order once the ordering is
executed. The confirmation is not contractually binding. The
confirmation and acceptance of the contract may be incorporated
together.
2.3
We are entitled to accept the offer of a contract (the order) within
a period of 5 working days after receipt. We are also entitled to
reject the order after examining the reliability of the customer.
3.
Scope of services
3.1
We guarantee an annual average of 99% network availability for the
infrastructure of our Data Center. A service level agreement (SLA)
warranty is aplied. If the security of the power supply network or
the maintenance of network integrity is in jeopardy, we can
temporarily restrict access to the service as required. The server
will be housed in a Data Center located in Germany under optimal
physical access to computer protection and security.
3.2.
In case of dedicated servers, the customer will have all the server
resources available: processing power, storage, memory and network,
including root access.
3.3
The services offered are those valid at the time of the order based
on the offer information, the order form and the applicable monthly
special offers.
3.4
If the customer wishes to be registered with search engines (online
search engines of Internet content), we are only responsible for
mediation. The operators of the search engines are solely responsible
for the date and time of the admission to the search engine.
3.5.
The server will be owned by Intergrid, being the maintainer of
computer components, and responsible of the proper functioning of
hardware components.
3.6.
Software maintenance and technical support related to the
applications that are running on the server are not included in the
offers of dedicated hosting. If needed or desired the user will be
charged separately.
4.
Data integrity
4.1
The server will be backed up regularly by us when this is part of
the offer. In the case of data loss, Intergrid will restore the
last backup data as quickly as possible, usualy immediately and
within the next 24h and after a previous customer authorization.
Backup service has a limited space, frequency and conditions
specified on the offer.
4.2
The customer is obliged to carry out a complete data backup before
any changes are made.
4.3
The customer will receive an user ID and password for security
purposes. This must be kept confidential. The client will be held
liable for any malpractice resulting from the unauthorized use of
the password. If the customer becomes aware that unauthorized third
parties know the password, they have to inform us without delay. If
the customer is at fault for third-party password abuse, the
customer will be liable for all user fees and damages. In
suspicious cases the client is able to request a new password,
which we then send on to the clients.
5.
Privacy
5.1
Our data protection practise conforms to the European law of Personal
Data Protection and Confidenciality in accordance with Directive
95/46/EC of the European Parliament and of the Council of 24 October
1995.
5.2
Personal data of customers will only be collected and used, if they
are required for the creation, content arrangement or modification of
the contractual relationship. The client is obligated to update or
notify every change on personal data to us.
5.3
The client’s Email address will only be used for information on
orders, for invoices and – provided that the client does not object
– for customer care as well as for our newsletter, if the client so
wishes.
5.4
We do not give any personal client information to third parties, with
the exception of our service partners as far as they are required to
determine the remuneration and settlement with the customer.
5.5
The client has the right to information and a right to amend, to
suspend or to delete his saved information. If deletion conflicts
with a legal or contractual duty to save information, or other legal
grounds, the information will be made inaccessible.
6.
Published Content
6.1
It is the customer's responsibility to identify the Internet content
as their own or as third-party content. The customer's full name and
address must be present. Further obligations may result from the
provisions of the Telecommunications Act and Teleservices Act. The
customer is obliged to examine these provisions and to comply with
them.
6.2
The client undertakes not to publish content that may violate the
rights of third parties or otherwise violate the law. The placement
of erotic, pornographic, extremist material or material not deemed in
good taste is not permitted. We are entitled to block access to the
account of any customer who violates this.
The
same applies in the event that the customer publishes content which
is capable of violating the rights of individuals or groups of
people, or that insults or denigrates these people. This applies even
without an actual legal claim. We are not obligated to review our
customers' content.
6.3
The sending of spam mail is forbidden. This includes in particular
the sending of illegal, unsolicited advertising to third parties.
With regards to the sending of Emails, it is forbidden to provide
false sender information or to conceal the identity of the sender by
other means. We are entitled to block the access if it is not
respected.
7.
Liability
7.1
For direct damages, secondary damages or lost profits due to
technical problems and disturbances within the Internet that are not
in our sphere of influence, we assume no liability.
7.2
With regards to contractors, we are not liable for minor negligence
of contractual obligations. This does not apply to all cases of
personal injury and is in accordance with the product liability
law.
For
indirect damages and loss of profits, we are liable only in cases of
intentional or gross negligence. In this case we are liable only for
the contract-typical predictable damage, a maximum of 100% of the
annually fee.
7.3
If the customer’s web content is in violation of paragraph 6 of
obligations, particularly in violation of legal prohibitions or
morality, they shall be liable to us for all of the resulting direct
and indirect damages, including property damage.
In
addition, the customer agrees to free us from all claims by third
parties – no matter which kind – that may result from illegal
internet content. The exemption obligation includes liability for all
legal defence costs (e.g. court and attorneys' fees).
8.
Terms of payment
8.1
The current valid prices are accessible at any time at
http://www.intergrid.cat.
8.2
Depending on the contractual agreement, a monthly, quarterly or
annual account will be issued. All other payments are carried out
through issuing an invoice. Payment due within the next 15 days upon
receiving the invoice by default.
8.3
We are entitled without warning to deduct default interest on all
overdue payments as indicated on the invoices.
If
the client is a consumer/end-user, the amount of interest charged
will be 5 percentage points above the base rate. If the client is a
contractor/business, the interest charged will be 8 percentage
points above the base rate.
8.4
We are also entitled, in case of default payments, to block the
internet presence of the customer and to block all other
functions.
8.5
Invoices are sent by Email as attachments in
PDF format,
with qualified signature, and
are also available in the Customer client area (Control Panel). For
retrospective changes to invoices, which come about due to no fault
of ours, we are entitled to charge a reasonable service fee.
9.
Contract duration/cancellation/place of execution
9.1
Where not otherwise contractually agreed, the contracts are in place
for an indefinite period of time.
9.2
The contract is cancellable without giving reasons by both parties
at any time during a period of 30 days to the end of the month, but
at the earliest on expiry of the minimum contract period stipulated
in the contract. A cancellation can only be done after a
confirmation of a writing by letter, fax or email coming from the
administrative customer account.
9.3
We are also entitled to terminate the contractual relationship for
good cause without notice. One important reason for termination
would be in the case of two consecutive months that the customer did
not pay a substantial part of the compensation owed. Another
important reason, among others, can also be that the customer
contravenes or ignores warnings about infringement of the
requirements of section 6.
Another
important reason, that can result in block or determination without
notice, may be that the customer uses content, which affects the
performance or the safety of the server.
9.4
The place of business for all services under this contract is
Barcelona, Catalonia (Spain). Jurisdiction for all disputes arising
from this contract is for the relevant local Barcelona court if the
customer is a contractor, a legal entity of public law, or public
legal special fund.
The
same applies if the customer does not have general jurisdiction in
Catalonia or when the domicile or habitual residence at the time of
the action is not known.
9.5
If the client intends to devolve his contractual rights to another
person, he requires our consent. Devolution of contractual rights
can only be done in writing by letter, fax, email or via the secure
online administrations area, whenever this option is available. When
devolution is carried out by letter or fax, the previous and the new
contract partners must both provide a signature.
10.
Rules for reseller
10.1
The customer is entitled to third-party contractual rights using the
internet presence provided to him by us. In this case, the client
still remains the sole contractor. The client is committed to all
the terms of the contract, arising from the terms and conditions as
well as from our order forms, passing these on to all third parties
and obliging them to comply with the terms. This also applies to the
requirements in section 1.3 of these terms and conditions.
10.2
When changes need to be made regarding the participation acts of
third parties, the customer is obligated to cooperate. The customer
will provide us with the third party's address and contact details
on request. We are entitled, in the case of changes, to contact
third parties directly to demand their written agreement to the
changes.
10.3
The customer is responsible for all third party contractual
violations. The customer is financially liable to us for all damages
resulting from third party violations. In addition, we are exempt
from liability for all claims which may arise from third parties and
others.
11.
Cancellation terms
11.1 Right of withdrawal
You
can revoke your contractual statement, without stating reasons, in
written format (E.g. by letter, fax or Email) within 2 weeks. The
period begins on receipt of this instruction in written format,
however not before the conclusion of the contract.
Ensuring
the revocation period depends on the timely sending of the
revocation. The revocation should be addressed to: Opengea SCCL, Carrer d'En Roig, 15 local 08001,
Barcelona. Catalunya (Spain).
11.2
Consequences of withdrawal
In
the event of a valid revocation of this agreement each party shall
return to the respective other party the benefits received.
Your
right of withdrawal expires prematurely, if the contract is
completely fulfilled by both parties at your specific request,
before you have practiced your right of withdrawal.
Obligations
regarding refunds must be fulfilled within 30 days. The period
begins for you on sending your revocation, for us upon receipt
thereof.
12.
Queries and complaints
Queries
and complaints should be addressed to Intergrid
Opengea SCCL, Carrer d'En Roig, 15 local 08001,
Barcelona. Catalunya (Spain).
