General conditions

imagen condiciones generales

General conditions

Hiring any of our internet services implies full acceptance of the terms and conditions stipulated here. For this reason, you, the User, declare that you have read, understood and accepted them in their entirety, being bound by them.

1. DEFINITIONS

The Provider from now on is referred to as Ailon Webs, or indistinctly as Mónica Soutto Ferreira or Gemma Lara Savill.

The Client is the natural or legal person who hires any of the services offered by us, whether it be hosting, internet development, domain registration, etc.

The Internet is a set of interconnected networks, located throughout the world.

Identification Elements is the set of username and password that allows the client to identify himself on the network to access the Control Panel or Content Manager that Ailon Webs provides to control the content of one or more sections of your website.

Web Space is the storage space that Ailon Webs grants to each client.

Netiquette is a commonly called the set of rules for using the Internet by users, for more information see RFC185 (URL of this link http://www.faqs.org/rfcs/rfc1855.html).

2. PURPOSE

Domain registration services, domain redirections, email accounts and Web Space hosting services are subscribed for a period of one year, counting from the next business day of the first payment date of the purchased service. It can be renewed for periods of one year. Annual fee payment must be received by Ailon Webs at least two weeks before the end of each annuity. In the event that the client does not pay or is late in payment, the services will be automatically terminated. Ailon Webs reserves the right to cancel these services at any time and without prior notice if the Client breaches these General Conditions, it reserves the right to send an e-mail with a reading confirmation or a registered letter to the Client (to the address provided for billing). In the event of non-payment, non-compliance with the rules of use, or for any other reason at the discretion of Ailon Webs, Ailon Webs will have the right to suspend, without notice and immediately, the client's Web Space account.

3. PRODUCTS

3.1 - Web space:

Data transfer: The monthly transfer assigned to each client is a maximum of 5 Gb. provided that all the conditions established herein are met, no excess transfer will be charged, with Ailon Webs reserving the right to vary this condition without prior notice.

No content may be published on the Web Space contracted with Ailon Webs related directly or indirectly to:

  • pirate software
  • racist content or any content contrary to human rights

Ailon Webs reserves the right to withdraw, at any time and without prior notice, any content that it considers contrary to Spanish, international or nettiquette laws.

3.2 - Email address:

Ailon Webs makes available to the client a number of email addresses that will be stipulated in the quote and invoice. The Client may choose the addresses to the extent that they are available and accepted by Ailon Webs. Ailon Webs reserves the right to delete, at any time and without prior notice, one or all email addresses, if it considers that the way in which they are used does not comply with the rules of the nettiquette. Certain technical addresses are reserved.

4. CUSTOMER RESPONSIBILITY

The client undertakes to provide truthful and correct information at the time of the reservation of his or her domain name(s). The client acepts to notify Ailon Webs of any change regarding the data provided and will be solely responsible for any malfunctions that may result from erroneous data. The client assumes full and exclusive responsibility for any violations of the intellectual or industrial property of third parties, public order and for any litigation related to a domain name(s) acquired via Ailon Webs.

The client is solely responsible for choosing the domain name(s) that he acquires. In no case can Ailon Webs be held liable for appeals filed against a domain name acquired through Ailon Webs. The client must maintain a valid email address and postal address. The data will be updated by written communication to info@ailonwebs.com. The client agrees not to try to penetrate the computer systems of Ailon Webs.

In case of failure to register a Domain Name for reasons attributable to the Client (for not complying with the procedures or deadlines required, for not providing supporting documents, the domain name not being available, etc.), Ailon Webs will apply the expenses derived from the domain name resgistration.

4.1 - Transfer of domain names:

By transfer of a domain name we mean, not the transfer of the effective ownership of the right of use, but the technical transfer of the borrower (change of DNS). The client affirms to be the owner in his right of use when requesting the transfer of a domain name. Ailon Webs will carry out the necessary formalities or guide the client in complying with them. However, the client acknowledges that it has been brought to their knowledge that the only person who can validate this transfer is the one designated as the administrative contact for this domain. Ailon Webs is not responsible for the inability to transfer this domain name or the resulting delays, and such inability does not systematically invalidate the Web Space contract. Therefore, Ailon Webs' obligation is solely as a middleman.

4.2 - Transfer of domain names .com, .net and .org:

Registrar change requrests, as well as requests for registrar delegation change (modification of billing contact or nameservers), must be validated exclusively by the email address of the administrative contact of the corresponding domain. Therefore, the Client must first ensure that the email address of the administrative contact is valid in order to respond favorably to these requests. All domains will need a code for their transfer that the client must generate or request their previous registrar to generate it.
There will be no cancellation with reservation or refund for the price of registration or redirection of the domain in relation to a transfer (change of registry, change of delegation or name servers change) that has not been completed.

4.3 - Domain name invoicing:

The internic expenses are included only for the creation of a new domain name or due to a registration change made before the domain name expiration date. In the event of a delegation change, the costs of renewing a previously registered domain name are included in the registration price (if this transfer is made at least 60 days before the domain expires). Attention: this does not affect domain names registered with worldnic in NSI, for which the modification of the billing contact cannot be made, and a renewal must be pain. Ailon Webs will not pay any invoice for registration or renewal of a domain name in the event that Ailon Webs is not the billing contact. Modification of the billing contact may lead to suspension of the assumption by Ailon Webs of the Registry invoice.

If the client owns a domain and does not renew it before the expiration period, said domain automatically goes to public auction and the renewal in this period entails a series of extra expenses that will be assumed by the client. And that in no case are they included in the services contracted with Ailon Webs.

4.4 - Declarations:

The Client undertakes to provide Ailon Webs with all the documents, data, and information in their possession, necessary for the performance of the service, either for the registration or transfer of a Domain Name, or for the realization of a website project. Regarding their obligation to collaborate, the Client accopts to regularly consult the information that is sent to them by email.

If the Client does not provide the necessary material to complete the work or does not reply to the emails sent by Ailon Webs after three months from the date of payment, the project will be considered completed and the amount paid will not be refunded.

The Client assumes all responsibility for the Domain Name he chooses. The Client affirms and guarantees that: lThe information provided for the registration of Domain Names is complete and accurate; In his understanding, the registration of the Domain Name will not in any way violate the rights of any third party; does not register the Domain Name for illicit purposes; will not knowingly use the Domain Name in violation of the laws or regulations. The Client will be responsible for ensuring that the Domain Name registered at his request does not violate the rights of third parties.

Consequently, the Client guarantees Ailon Webs against any extrajudicial, judicial or arbitration relative to him, in direct or indirect relation with the registration of Domain Names and will indemnify Ailon Webs for all damages and losses that may be inflicted on Ailon Webs, as well as the expenses incurred to secure our defense, including attorney and expert's fees.

5. RESPONSIBILITIES OF AILON WEBS

Ailon Webs undertakes to use all means at its disposal to proceed with the registration / transfer / renewal of domain names after validation of the payment of the corresponding order. It is, however, a commitment related to the means and in no case a commitment related to the results.

Ailon Webs will not be liable for compensation for indirect and non-material damages suffered by the Client, and due directly or indirectly to compliance, correct or incorrect, of these conditions, such as loss of business volume, clientele, profits, computer data , moral damages, etc.

As an essential and determining condition of these general conditions, in the event that Ailon Webs' responsibility is declared, the Client may not request more compensation for damages or payments, derived from any cause, than the amount of the payment made by him for Services during the last year, for the service that caused the detrimental result.

5.1 - Content:

Ailon Webs does not exercise any control over the content issued by the client, either through its website, Web Space or the emails it sends. Ailon Webs is not responsible, under any circumstances, as a consequence of any action or resource of third parties, especially those related to:

  • information, sounds, images, texts and any multimedia document contrary to the laws and regulations in force, included and/or transmitted through the Web Space of the client.
  • the violation of intellectual property rights related to the works contained or transmitted, in whole or in part, on the client's Web Space.
5.2 - Accessibility:

Due to the characteristics and limits of the Internet, which the client declares to know, Ailon Webs is not responsible in any way for the speed of access from other pages in the world, nor for the slowness or difficulty of accessing the client's page. Ailon Webs is not responsible either in the event that e-mails, articles from discussion forums are not transmitted, due to the limitations and characteristics of the Internet. Ailon Webs reserves the right to temporarily interrupt the accessibility to its services for maintenance and / or improvement purposes, without giving the right to compensation. However, Ailon Webs is committed to doing everything in its power to minimize these types of interruptions.

Access to your website through the Internet will happen after updating the name servers (DNS) of all access providers. The propagation time can be from 2 to 7 days.

5.3 - Security:

Ailon Webs is not responsible in the event of malicious entry into the Client's Web Space or hacking of Client mailboxes, despite all security measures taken by Ailon Webs.

5.4 - Denial of guarantees:

Ailon Webs offers its services based on availability. Ailon Webs expressly disclaims any other warranties, including warranties of market value or physical form for a specific purpose. Ailon Webs is not responsible under any circumstances for consequential, indirect, special or incidental damages. Even if the Client has informed Ailon Webs of the possibility of such loss or possible damage. If the service offered by Ailon Webs to the Client is disrupted, or in the event of a malfunction for any reason, Ailon Webs is not responsible for the loss of revenue due to an interruption of service.

5.5 - Force Majeure:

Ailon Webs is not responsible for any delay or non-compliance, in the event that it was motivated by the occurrence of a case of force majeure usually recognized by jurisprudence. The case of force majeure suspends the obligations derived from this contract during the entire course of its existence.

5.6 - Compensation:

The client undertakes to defend, guarantee and hold the provider harmless against any loss, damage or claim (including an honorary representative) related to the use of this service provided by the provider to the client under this contract, including, without restriction: false advertising, claim of responsibility for a product or service sold by the Client, the "copyright" or trademark, the interruption or failure of the service, or for any content presented by the Client.

5.7 - Domain Name Registration:

Ailon Webs cannot guarantee that the required domain name can be registered by the Client at the exact time of purchase.
Ailon Webs will reserve the domain name for the Client as soon as the payment has been validated.
Ailon Webs is not responsible for the inability to register a domain name.
Ailon Webs is not responsible for conflicts due to the registration of a domain with trademarks, registered or unregistered, or with rights to names in other contexts.
Ailon Webs is not responsible in the event of a domain name dispute. Ailon Webs may reject a domain name application deemed improper or subject to a trademark legal dispute.

6. CANCELLATION

In the event that the Client does not pay or is late in payment, the Services billed by Ailon Webs will be automatically terminated. The Client can cancel their quota before the end of the term by notifying Ailon Webs in writing. This cancellation does not entail any refund.

No payment will be refunded, even in the event of suspension, cancellation or transfer of the Service.
In the event of cancellation for any reason or termination of the period contracted by the Client, the Website and all the data taht belongs to it, will be deleted by Ailon Webs.

7. ATTRIBUTION OF COMPETENCES

The prices for the proposed services are those indicated in the quote and / or invoice. They include all taxes and can be paid in advance in euros for an annual period. Ailon Webs may modify its prices at any time without prior notice. The price of the services paid in advance is guaranteed for the corresponding period. Ailon Webs reserves the right to pass on a new tax or an increase in existing tax rates without delay.

8. COLLECTION OF PERSONAL INFORMATION

Data collected through the forms on our website will only be used to answer you and send you information about our services. They will never be transferred to third parties. If you have any questions about privacy or how we treat of your data, or if you want to exercise any of your rights of information, opposition, rectification and cancellation that you legally own (or any other rights you think may assist you) you can write to: Ailon Webs, Att. Monica Soutto, Calle Monte 13, 2ºA, 39750 Colindres (Cantabria), Spain. NIF: 20163735-A or by email to the email address info@ailonwebs.com

9. ACCESS TO THE CONTENT MANAGER or CONTROL PANEL

Access to the Control Panel or Content Manager is only possible and is only authorized with the Identification Elements provided by Ailon Webs as long as it has been installed by Ailon Webs. The Client undertakes to keep the Identification Elements under strict confidentiality, not to disclose them to third parties in any way and to use them exclusively in a personal capacity. Access to the Content Manager is under the sole responsibility of the Client. Access to the Content Manager with the Identification Elements entrusted to the Client is considered to be made by the Client and under his responsibility.

In case of loss, theft or any fraudulent act that affects the Identification Elements, the Client must inform Ailon Webs as soon as possible by e-mail and justify their identity by all possible means. Upon receipt of this duly justified written notification, Ailon Webs will proceed to modify the Identification Elements. Ailon Webs will process the Client's request as soon as possible and will transmit the new Identification Elements by return email. The Client is responsible for the use of the Service by third parties until Ailon Webs modifies the Identification Elements as long as the software has been installed by Ailon Webs.

10. DOMAIN NAME

A) PROPERTY of a Domain Name: The Domain Name registered by the Client belongs to the natural or legal person to whom said service is billed and whose ownership is declared to Ailon Webs.

B) TRANSFER of a Domain Name: The Client is informed that the transfer of Registrar and/or DNS and/or change of contacts of a Domain Name is only possible by accepting the transfer by the owner of the Domain Name. Ailon Webs will not be responsible for the inability to transfer the Domain Name or for the resulting delays.

C) RECOVERY of a Domain Name: The Client is informed that, in the event that he or she does not renew or pay a Domain Name before its expiration date, the Domain Name will be canceled by the Registrar or the corresponding NIC, without Ailon Webs being able to oppose this cancellation.

11. WEBSITE

A) The Client undertakes to provide the elements so that the content of the Website complies with all the legislative, regulatory and administrative provisions applicable in the Internet, specifically, those related to the operation of electronic commerce, information, the protection of minors, the respect for human beings, intellectual property and, more generally, the rights of third parties. In particular, it guarantees that he has, for the dissemination and exploitation of its Website, all associated intellectual property rights, the necessary authorizations from third parties, specifically for the exploitation of its image, goods, etc. as well as the inclusion of hypertext links.

B) The Client guarantees to Ailon Webs that they will use the Service for strictly lawful purposes. The Client guarantees at all times that his Website will not violate the rights of third parties, through defamatory, denigrating statements, that make apology for the commission of crimes or offenses, etc..

C) The Client will be responsible for keeping a copy of the data that he adds to the sections of his website, in the event that the Client's website contains sections that can be updated by him.

12. AILON WEBS ASSISTANCE

We offer the Client technical assistance via email regarding the Billed Service, responding as soon as possible to the Client's questions and comments. Ailon Webs does not undertake to provide a solution to the Client, nor to respond within a specified period.

The Client must provide certain information, as well as their complete data, whose accuracy, sincerity and reliability he guarantees at all times, so that Ailon Webs can contact them through a single email address. This email address will be the only means of communication between Ailon Webs and the Client.

Software Programs made available to the Client as part of the Service will be the property of Ailon Webs. These programs also include real estate websites, online store websites or catalog websites and any control panel or content manager programmed by Ailon Webs created so that the client can update and manage their website. The Client undertakes not to use these Software Programs outside the Service. You are obliged not to copy, reproduce, represent, adapt, modify or decompile in any way the Software Programs and / or their documentation. Ailon Webs carries out the installation and parameterization of the Software Programs in the Web Space that the Client contracts with Ailon Webs. The source code files of these Software Programs developed by Ailon Webs are the property of Ailon Webs and will not be transferred in any case to the Client since they are not included in the billing of the Service. Annual licenses will be granted for the use of software created by Ailon Webs. The software that enables the operation of real estate websites, online store websites or catalog websites or any control panel or content manager programmed by Ailon Webs created so that the client can update and manage their website, will never be transferred to another Web Space hosting that does not belong to Ailon Webs, as they are owned by Ailon Webs. In no event will Ailon Webs be responsible for the non-operation or provide technical support of a web page and / or control panel programmed by Ailon Webs not installed by Ailon Webs or modified by third parties.

13. VARIOUS

The Client is informed that these General Conditions can be modified at any time. The existing version on the Ailonwebs.com website will prevail, where appropriate, over any other version of these General Conditions.

Ailon Webs reserves the right to modify, at any time, the characteristics of the Service, without such modifications causing substantial modifications.

The provisions of these General Conditions express the entire agreement concluded between the parties. It will prevail over any proposal, commercial offer, exchange of correspondence before or after the billing of the Service, as well as any other provision that appears in the documents exchanged between the parties in relation to the purpose of these General Conditions.

If one or more of the provisions of these General Conditions were considered invalid or declared as such in application of a law or regulation, or as a consequence of a final decision of a competent jurisdiction, the other provisions will retain all their force and vigor.

The Client expressly authorizes Ailon Webs to cite the Client and / or their Domain Names, including the web page to which they are associated, as a commercial and / or advertising reference.

14. COMPETENT COURT

These General Conditions are submitted to the Courts and Tribunals of Laredo (Cantabria), Spain. In case of difficulty in the application of these General Conditions, the parties decide to previously submit to an amicable procedure before starting any legal procedure.