Last version dated November 2013
of a part, Digiworks Spain, S.L. with fiscal domicile in Av. San Rafael 11, Local 2, 03580 Alfaz del Pi (Alicante) and provided with CIF B54020219, hereinafter Digiworks.
on the other hand, the client. The Contracting Party knows, understands and accepts freely, after being informed of its characteristics, the present conditions. Both parties, Digiworks and client, are interested in formalizing these conditions by accepting the terms and conditions established in the following
Digiworks: Provider of Internet presence solutions and services, managed Hosting, cloud computing and advanced technology infrastructure solutions.
Client: Any natural or legal person who contracts with Digiworks any of the products offered by the latter and who is listed as one of the contracting Parties.
Contractual conditions: Unitary unit, binding for the parties, formed by the clauses contained in these general conditions of service and by the specific conditions corresponding to the contracted product.
General Terms of Service (CGS): A set of clauses which, as a general rule, regulate the provision of services and products offered by Digiworks to its customers.
Product specific conditions (CEP): clauses that independently for each type of product, collect their characteristics and conditions of use.
Resources: Set of technical characteristics and computer programming, facilitated and supported by each product of Digiworks that the client can contract.
Servers: Computer equipment made available by Digiworks where data and customer information are stored or hosted under the products offered by Digiworks.
Control Panel: tool that is awarded with the products of Digiworks for the management and administration by the client or of the users authorized by this of the servers and/or of the resources available to the contracted product.
Login and Password: Systems that allow the authentication of the client for access to the control Panel of products of Digiworks via web, Digiworks is used of these systems to identify, authenticate and verify the person of the client.
It constitutes the object of the present general Conditions (CGS), the regulation of the provision of the services and products offered by Digiworks to its clients, as well as the use of them.
• The general characteristics of the service provided by Digiworks, will be those detailed throughout this document and more specifically, for each product, in the specific conditions thereof, constituting both documents the contractual conditions applicable to customer relations with Digiworks, substituting all previous agreements, whether verbal or written, in relation to the object of the same.
in case of contradiction between the present CGS and the specific conditions of the products contracted by the client, will prevail the established in the latter.
Entry into force, duration and extension
1. These CGS will enter into force at the time the customer first contract, any of the products or services offered by Digiworks and for those products whose activation is not immediate, at the time that it occurs and is communicated by Digiworks to the client, through an e-mail with the indications of access to the service; And they will be of general application to all the products and services that the client contract from that moment on Digiworks, without prejudice that each one of them is governed also by its own specific conditions.
2. CGS present will be in effect as long as the customer maintains any product or service contracted in Digiworks, or in its defect, until replaced by another later version. Digiworks will inform the client of the existence of a new version of CGS through a communication to client.
3. The present CGS will cease to be applicable once requested by the client, or by one of the authorized users, the fall of the last of the products that may have contracted in Digiworks. The low will occur automatically on the same day that is processed, or the day indicated by the client to be effective, as long as it is done with enough time to manage it. In any case, the customer accepts that the low of the contracted products will entail the loss of all the information associated with them, that in no case, can be recovered.
Service Price and payment
1. The demandability of payment of the contracted products will commence on the date of their recruitment by the customer, except for those products in which their activation is not immediate, in which case it will begin at the moment when Digiworks communicates to the customer that they can access the use of the service, receiving the e-mail of start-up with the indications of access to it.
2. The customer shall pay Digiworks the price corresponding to the product at the time of its hiring or renewal.
3. On a general basis, the payment of the contracted products must be made in advance. However, in cases where the billing depends on the consumption carried out, it will be carried out later. In any case, the client, who is listed as such on the card, is responsible for paying the bills even if a third party intervenes in his name, so the responsibility for providing the authentication data to a third party is unique and exclusively the client.
4. The periodicity of payment of the products will be monthly, quarterly or yearly, depending on the specific characteristics of the product contracted, being able to choose the client between the ones available at the time of the hiring. As a general rule, additional extensions and/or services contracted for the product shall be invoiced with the same payment frequency as that chosen for the product itself.
5. If the customer exceeds the use of the resources included in the contracted product, he shall make the payment of the resources exceeded in accordance with the rates in force at any time. The customer, provided that the contracted product so permits, must control the transferred flow and the space consumed through the control Panel indicators.
6. Payment form: The payment shall be made in the manner indicated in the specific conditions of the product contracted, depending on the characteristics of this and whether it is
Obligations and responsibilities of the parties
1. Both the client and Digiworks undertake to comply with all the terms of the contractual conditions applicable to them, having to act loyally and in good faith.
2. Digiworks is committed to offering, with all the means at their fingertips, the services are optimally, striving to be rendered for 24 hours a day, 7 days a week, in the safest possible way, except for incidents that could occur outside of Digiworks. In this sense, Digiworks reserves the right to interrupt the service contracted in function of technical repairs and maintenance of the equipment, as well as for the improvement of the services themselves, notifying in advance sufficient to the client.
3. Digiworks cannot guarantee that the availability of the products and services contracted is continuous and uninterrupted, due to the possibility of problems in the Internet network, failures in the servers and other possible contingencies unforeseeable and unrelated to Digiworks. The customer agrees to support within the reasonable limits risks and imperfections or unavailability of the services, due to the technical complexity of the programs used and the multitude of possibilities of use existing.
4. In those products in which the service, or part thereof, is provided using shared accommodation resources, when sharing the same machine with other products and customer services, technical problems attributable to third parties may arise and of which Digiworks is not responsible. Therefore, the customer expressly renounces to claim any liability, contractual or tort, damages to Digiworks for possible failures, slowness or errors in the access and use of the contracted product, without prejudice to the provisions of the legislation in force. Notwithstanding the foregoing, if Digiworks breaches the commitments assumed in these CGS or under the specific conditions applicable to each product contracted, for providing inefficient service for an uninterrupted period of more than 24 hours, Digiworks’s liability, provided that the nature of the product or service permits, shall be limited to the refund of the money charged for the product or service during that period of interruption.
5. In no event, Digiworks accepts liabilities arising from data loss, business interruption or any other damages arising out of the normal operation of the products, for failure to comply with the customer’s expectations.
6. Digiworks stores in electronic format, a copy of the e-mail received by the client, at the end of the contract, in which the specific conditions of the contracted service and those present CGS are enclosed in the case that the customer contracts for the first time.
7. Digiworks will not be held responsible, nor will it accept any claim of the client or of third parties, by the rejection of a legitimate mail message as a consequence of the nature of the antispam systems, due, among other reasons, to the possible concurrence with external technical means of which the client has available.
8. Digiworks shall not be liable:
• The content lodged in the contracted products and the information transmitted and stored in their holdings, of which the customer will be responsible.
• Of virus contamination in your equipment, whose protection is the responsibility of the client.
• The intrusions of third parties in the products contracted by the client, although Digiworks has established reasonable measures of protection.
• The use that is contrary to the Spanish laws or that infringes the rights of third parties.
• The publication or transmission of any violent, obscene, abusive, illegal, xenophobic or defamatory content.
• 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 contravening the provisions of organic Law 15/1999, of 13 December, on the protection of personal data.
• Use of the mail server and/or email addresses for illicit purposes (spam, mail bombing, phishing, escrow fraud, scam 419, pharming, virus diffusion, or any other type of activity carried out with sabotage, fraudulent or criminal encouragement.
• The access, modification or visualization of the configuration, structure and files of the servers of Digiworks, being attributable to the client the responsibility for any problems that could occur in the servers and systems of security of Digiworks as direct consequence of a negligent performance of the client.
11. Customer acknowledges that the characteristics of the contracted product or service are in accordance with their needs, as well as being properly informed by Digiworks.
12. Access to and use of the contracted products is the sole responsibility of the customer. Likewise, the client has the total responsibility for the content lodged in the products or services contracted, information transmitted and stored in their holdings, hypertext links, third party claims and legal actions that could be triggered in relation to intellectual property, personality rights and protection of minors. The customer is responsible for the laws and regulations in force, and the rules that have to do with the operation of the contracted product or service, e-commerce, copyright, public order maintenance, as well as universal principles of Internet use. Digiworks is not responsible in any way, direct or subsidiary, for any direct or indirect damages that the customer may cause to third parties.
13. By contracting the products or services offered by Digiworks, the customer agrees to:
• Keep a backup copy of the contents hosted on the contracted product in order to replace them if necessary.
• In those products and services that include limited-size resources initially but susceptible to expansion (such as disk space, mailboxes, or transfer) monitor their size in order to take the necessary actions if they feel their increase is excessive. For this purpose, the customer has, in the control Panel, the so-called «consumer tables» updated daily.
• Keep operational, active and updated the e-mail address provided in the recruitment form for communications with Digiworks, since it constitutes the preferred means of communication of Digiworks for the agile and fluent management in the provision of the service requested as a consequence of the contractual relationship that through this contract joins Digiworks with the client.
• As well as the identifiers of access to the tools that Digiworks puts at your disposal, since they are the means that allow to Digiworks verify that the accesses are made authenticated by the client or by any of the users by him authorized. The customer shall be responsible exclusively for the use of such identifiers and of their communication, including to third parties, as well as of the actions and requests that the authorized users, to which it had granted the necessary permissions, of the control Panel and of the other tools facilitated by Digiworks.
• Will be the sole responsibility of the customer, obtaining the necessary authorizations from the owners of the different email accounts, to which the control Panel allows to send notices and notifications of different types, including invoices, customer service contacts, access passwords and configuration details. In the same way, the client must assume the consequences of any kind that may derive from the omission of such obligation.
14. The client, with the acceptance of the present CGS, expressly consents to the sending of the invoices relating to the provision of the services contracted through telematic means, as indicated by the regulations in force in this matter.
Neither party shall be liable for breach of the obligations arising from the contractual conditions applicable to the contracted products and, therefore, there shall be no right to compensation, where such breach is due to causes of force majeure, in accordance with the provisions of the legislation in force. If the suspension under this circumstance exceeds two months, the conditions referred to in the preceding paragraph may be cancelled at the request of either party.
1. The present CGS will be terminated when, in addition to the legally established causes and the provisions in the different clauses of these CGS, concur with one of the following:
• Mutual agreement of the parties.
• Non-existence of products and/or services contracted with Digiworks.
• Resolution for breach of any part of the obligations arising from the contractual relationship.
• If the client’s failure to comply is the cause of the CGS ‘ resolution, as defined in clause 7.1. (c), without prejudice to the penalties or indemnifications that the client has to satisfy Digiworks, the latter reserves the right to terminate in advance the contractual relationship and, therefore, to dispossess the customer of the products or services contracted without prior notice and without the right to claim compensation or refund of any amount.
• In the event of a resolution or termination of these CGS, for the reasons mentioned above or any other admitted in law, the Parties shall fulfil the obligations assumed prior to the resolution in front of the other party and against third parties.
Intellectual and industrial property
1. Digiworks owns all intellectual property rights and how many other rights are related to the implementation and marketing of the products and services contracted.
2. For any action in which the client exceeds the fulfillment of the contractual conditions, he will need prior written authorization from Digiworks.
3. The customer, by virtue of CGS or the specific conditions of the products contracted, it shall not acquire any right or license on the basis of the contracted product or service, nor on the technical information on the monitoring of the service, except for the rights and licenses necessary for the fulfilment of these contractual conditions and only during their validity.
4. The client must respect the programs of use of third parties made available to him by Digiworks even if they were free.
5. In connection with licenses for software programs and other intellectual/industrial property rights, that the client needs to acquire, through Digiworks, the client recognizes the ownership of its manufacturers and/or suppliers on all the intellectual property rights that those could hold on them and agrees to observe the terms of these licenses and to respond to the peaceful use of them.
2. The parties exclude from the confidential information category any information that is disclosed to third parties by the party who owns it, that which becomes public, the one that is to be disclosed in accordance with the laws or with a judicial resolution or imperative act of competent authority and that which is obtained by a third party that is not under the obligation of confidentiality.
3. This obligation of confidentiality persists until two (2) years after the termination of the aforementioned contractual conditions.
4. None of the Parties shall acquire any rights to any confidential information or other proprietary rights of the other party.
Personal Data protection policy
1. In compliance with the provisions of organic Law 15/1999, of 13 December, on the protection of Personal Data (hereinafter LOPD) and in Royal Decree 1720/2007, of 21 December, by which approves the regulation of development of the LOPD (hereinafter RDLOPD), Digiworks reveals its policy, with regard to the treatment and protection of the data of personal character , which will be applicable to those people who voluntarily communicate through email with Digiworks, complete data collection forms, formalize a contractual relationship with Digiworks or use any other service present on the website that involves the communication of data to Digiworks or access to data by Digiworks for the provision of services. The use of the Digiworks services will imply the explicit acceptance of this policy.
2. Digiworks informs the user of the website of the existence of various treatments and files of personal data whose responsible is Digiworks Spain, S.L. with fiscal domicile in Av. San Rafael 11, Local 2, 03580 Alfaz del Pi, Alicante, where the personal data are collected and stored in Digiworks.
4. Digiworks uses «cookies» in browsing your website. The «cookies» are small files that our computer equipment sends to those of the users of the web and that they automatically collect information on the IP address of the visitor, the day and time it begins and leaves the visit, as well as information on the different sections of the Web consulted. Users can configure their browser, so that it will alert them on the screen if they are going to receive a cookie. Also, users will be able to configure their computer equipment, in order not to receive these cookies, not being an impediment so that they can access the information of the website of Digiworks.
5. The user will be able to exercise at any time his rights of access, rectification, cancellation and opposition, in those cases that it is possible by means of the referral of a communication to the electronic address of Digiworks, or the sending of a written request indicating the petition or right that exercises, together with a copy of its DNI or valid document in law certifying its identity , directed to Digiworks in the following postal address Av. San Rafael N º 11 local 2, 03580 Alfaz del Pi (Alicante), Spain.
6. Digiworks is planning to perform assignments or communications of data that according to article 11 of the LOPD must carry out to meet its obligations with the public administrations and, in its case, to other organs, when required by the legislation in force. In this respect and in compliance with the provisions of law 25/2007, of 18 October on the preservation of data relating to electronic communications and public networks, it informs the user that Digiworks must proceed to retain and maintain certain traffic data generated during the development of the communications, as well as in the case, to communicate the data to the competent bodies , provided that the circumstances foreseen in that law concur. Also, in those cases in which it is applicable as a result of the provision of the services, and as a requirement established by ICANN or the competent registration organization, the holder of a domain name authorizes the publication of the data relating to the ownership of the domain name in question and the administrative contacts , technical and payment which, according to the regulations, must be public and accessible from the WHOIS of the competent registrars. In the event that the client is not the proprietor, it is obliged to obtain the authorization for the publication of the data and the transmission of the same. Digiworks informs that it may transfer the personal data, exclusively for the purposes detailed throughout this policy, any companies belonging to the group of companies of which it is a party, understood in the sense of article 4 of law 24/1988, of 28 July, of the stock market, whose activity is the commercialization of services of a nature identical or analogous to those offered by Digiworks , such as Internet presence services, managed Hosting, cloud computing or advanced technology infrastructure solutions, for which the user and/or client gives their consent in advance.
7. Digiworks warns that, except for the existence of a legally constituted representation, no user and/or client will be able to use the identity of another person and communicate their personal data, so at all times you must take into account that you must communicate to Digiworks, personal data corresponding to your own identity and that are appropriate, pertinent, current, accurate and true. For such purposes, the user and/or client shall be solely liable for any damage, direct and/or indirect that causes to third parties or to Digiworks by the use of personal data of another person, or their own personal data when they are false, erroneous, not current, inadequate or impertinent. Likewise the user and/or client who communicates the personal data of a third party, will answer to this one of the obligation of information established in the article 5.4 of the LOPD for when the data of personal character have not been obtained of the own person concerned, and/or of the consequences of not having informed him/her.
8. Digiworks reports that, in accordance with the provisions of the LOPD and the RDLOPD, it has adopted the technical and organisational measures necessary to ensure the security of the data of a personal nature in view of the state of technology, the nature of the data stored and the risks to which they are exposed, and which will only register data of a personal nature in files which fulfil the conditions determined in the current legislation with respect to Its integrity and security and those of the treatment centers, premises, equipment, systems and programs. Likewise, Digiworks guarantees the fulfilment of the duty of professional secrecy with respect to the personal data subject to treatment and the duty to keep them.
9. In accordance with article 12 of the LOPD and concordant of the RDLOPD, the access to and/or processing of character data shall not be considered as communication or transfer of data personnel who are the responsibility and ownership of the clients of Digiworks when the same is necessary for the adequate provision of the services that in each case are contracted. In such cases, Digiworks will act as the treatment manager and perform the access and/or processing of the data in accordance with the following terms:
• Digiworks will only treat the data in accordance with the instructions of the customer responsible for the treatment and will not apply them or use them for any purpose other than that contained in the contractual conditions applicable , nor will they communicate them, even for their conservation, to other people. Digiworks will not incur liability when, after express indication of the client responsible for the treatment, communicate the data to a third party designated by the latter as provided in the LOPD and RDLOPD.
• Fulfilled the provision of the services of data processing of personal character, these shall be destroyed, as well as any support or documents containing any data of a personal nature or any type of information generated during, for and/or for the provision of the services subject to the relevant conditions.
• Notwithstanding the foregoing, Digiworks may keep the aforementioned data properly blocked during the period in which responsibilities of its relationship with the client can be derived.
• In the event that Digiworks destines the data to another purpose, communicates or uses them in violation of the corresponding conditions of the service, it will be considered, also, responsible for the treatment, responding to the infringements in which it would have incurred personally.
• In accordance with the provisions of the RDLOPD, the following rules shall apply in relation to the form and modalities of access to data for the provision of services:
1. When Digiworks must access the data processing resources located in the client’s facilities responsible for the treatment, it will be responsible for establishing and implementing the policy and security measures and communicating such policies and measures to Digiworks, who is committed to respecting them and demanding their fulfillment to the people of their organization who participate in the provision of services.
2. When Digiworks access the data processing resources remotely, the customer will be responsible for establishing and implementing the policy and security measures in their remote treatment systems and Digiworks will be responsible for establishing and implementing the policy and security measures in their local systems.
3. When the service was provided by Digiworks in its own premises, other than those of the client responsible for the treatment, that person shall collect in his safety document the circumstances concerning the processing of the data in the terms required by the legislation in force, incorporating the security measures to be implemented in connection with such treatment.
• The customer authorizes Digiworks, in its capacity as a treatment officer, to subcontract, on behalf of the client, with third parties the storage and custody services of backup copies of data, in those cases where necessary, in any case respecting the obligations imposed by the LOPD and its development regulations. At any time, the customer responsible for the treatment may contact Digiworks to know the identifying data of the entities that in their case are subcontracted by Digiworks for the provision of the services indicated, which in any case shall act in accordance with the terms laid down in this document and after formalization with Digiworks of a contract for access to data for the provision of services in the terms provided for in articles 12 of the LOPD and 20 of the RDLOPD.
1. Carry out the processing of personal data in portable data processing devices only by users or profiles of users assigned to the provision of services;
2. Perform the treatment outside the premises of the client responsible for the treatment or Digiworks only by users or profiles of users assigned to the provision of services;
3. The entry and exit of the supports and documents containing personal data, including those included and/or annexed to an e-mail, outside the premises under the control of the client responsible for the treatment;
4. The execution of the data retrieval procedures that Digiworks is seen in the obligation to execute.
The customer may not assign to third parties, rights and obligations arising out of the contractual conditions of Digiworks without the prior written consent of this, except for those services that have among their characteristics, the possibility of activating multiple users and will be transferred by adjusting it to the guidelines and philosophy of the service. Digiworks may subcontract to third parties, the provision of the services covered by these CGS or the specific conditions of the product, without the need to inform the client, with whom he will maintain in any case the contractual relationship, all without prejudice to the provisions of the legislation in force.
1. Digiworks reserves the right to modify, in any way, the characteristics and conditions of its services and products, always in development and benefit of the same. In order to do this, you will not have to comply more formality than to inform the client with an on-line notice and/or to carry this modification to the clauses of the contractual conditions applicable to him/her and/or to send it by e-mail. Without prejudice to the provisions of the preceding paragraph, Digiworks will communicate in writing these modifications in the shortest possible time for its adaptation by the client. The client, once the modification has been communicated by Digiworks, if it does not agree with the new conditions, it has the period of 7 days since receiving such communication, to resolve the CGS or the specific conditions of the product contracted, depending on which of both would have been affected by such modification. After this period without communication on the contrary of the client, it will be understood that it accepts the new conditions.
2. If as a consequence of the constant development I D of Digiworks, of the technological advances that are produced in the services of the information society, as well as the technical and/or organisational needs of Digiworks, changes in its services and products or in the systems of management and administration of Digiworks are produced, for the adaptation to these advances will be proceeded , if it is deemed convenient on the part of Digiworks, to make the necessary modifications. Digiworks, in its diligent and bona fide act in the market area of its commercial activity, it will make these modifications as long as they are a benefit not only of the development of the new technologies, but also of the operation of the company and even of the service offered so that they do not prejudice to the clients in all their whole. In the event of a conflict between the damage to a small number of clients and the development of Digiworks and/or the adaptation to technical and technological advances of the services the information society will serve the benefit of the majority of customers in this adaptation and the advancement of Digiworks in the field of new technologies.
Limitation of warranty and liability
1. In no event Digiworks, neither the managers and senior officials, administrators, shareholders, agents or workers dependent on it will be liable for direct or indirect cause related to the use made by the customer of the product contracted through Digiworks.
2. The parties acknowledge that the entry into force of these CGS and/or the specific conditions of the contracted product does not imply any representation, delegation, guarantee or other agreements other than those expressly described therein; and accordingly, all the terms, conditions, warranties or other aspects implied by general agreements or regulations are explicitly excluded to the limits permitted by law.
Applicable legislation and competent courts
1. In the case of non-contractual conditions, as well as in the interpretation and resolution of conflicts which may arise between the parties as a consequence thereof, Spanish legislation shall apply.
2. If there is any conflict or difference between the parties in the interpretation and execution of the contractual conditions applicable to the client, and not be resolved by mutual agreement, the same will be resolved at the request of any of the parties and after the communication in writing to the other, by arbitration before the Court of Arbitration of the Chamber of Commerce and Industry of Alicante.
4. If it is reasonably possible, compliance with the aforementioned contractual conditions will continue during the course of any disagreement and/or arbitral or judicial proceedings. If any stipulation contained in the contractual conditions is declared void or without effect, in whole or in part, by any court or competent authority, the remaining stipulations shall remain valid, unless the parties discretionally decide to terminate the contract.