- Object. General conditions of the use of the website
- Rights and obligations of the user
- Rights and obligations of mpwebwizard.com
- Intellectual and industrial property on the contents of the page
- Tariffs and form of payment
- Straight of dropping of the claim-Period of test
GENERAL TERMS AND CONDITIONS
1.Objeto. General conditions of the use of the website
The terms and conditions that more ahead are indicated regulate the access and use to the website mpwebwizard.com (in future the website), whose operation and through which benefit of services Within the expression “site or website” understands the musical data, texts, graphs, images, animations, creations, videos, sounds, drawings, photographies and others including in the same, and, generally, all the creations expressed by any means or has supported, tangible or intangible irrespective of whether they are susceptible or not of intellectual property according to the Recasted Text of the Law of Intellectual Property.
By the navigation and use of the website the condition of user is attributed to him, in future, the “User” and implies that it acquires a series of rights and obligations, in order to guarantee the suitable benefit of the general, particular services and contents that are in the same and that mpwebwizard.com puts at the disposal of the user.
The User must kindly read the general conditions and legal terms in each one of the occasions in which he sets out to use it, since this one and the conditions picked up in the Legal Warning can undergo modifications at every moment. Some accessible services of the website for the Users, can be put under particular conditions that replace, they complete and/or they modify the general Conditions of Use of the website, and that will have to be accepted by the User at every moment, for each chosen service, that if so, to him will be inquired.
Therefore they are, the general conditions of the use of the website, next to the particular conditions of each service, as tariffs and specific benefits that could decide between the parts are those that will regulate the benefit on watch on the part of mpwebwizard.com and acceptance of the user of the same.
The usuary visitor is conscious that the access and use of the services and contents of the site she is realised under his only and exclusive responsibility.
However, the user of the website will have to accede to these general conditions - and to the individuals of the services that use of periodic form to know the successive versions that are included here, although it recommends itself that the user accedes to the same whenever tries to accede or to make use of the services and contents of the website.
In case the user does not accept these general conditions or, the particular conditions that regulate the use of a certain service and/or contained appointed the users of the website and that this organization determines, the user will have to abstain to accede to the website or if so to leave it.
The user will have to settle down the safety measures of technical character adapted to avoid actions nonwished in his archives, information system and computer science equipment used to accede to Internet and, special, to the website, being conscious that Internet is not totally safe.
The present General Conditions will prevail over any general condition that could allege the CLIENT, except for express pact in opposite in whom it is pointed out in writing his acceptance on the part of mpwebwizard.com
The present General Conditions will be of application as long as it does not enter contradiction with the Particular Conditions or Particular Conditions have not get ready
2.Derechos and obligations of the client
The CLIENT will have right to use the Service or Services contracted according to the General and Particular Conditions that in each case remember.
The CLIENT will have to use the Service or Services contracted according to the conditions agreed between the parts, to the effective legislation and the good faith, being the same adult, satisfying the remuneration agreed to for each Service or Services in the terms and forms contained in the Particular Conditions and price lists.
The CLIENT will have to facilitate to mpwebwizard.com his correct and complete data. He commits himself, therefore, to inform to the modification into the same into immediate form on any modification of the facilitated data. Unless in the Particular Conditions another thing is agreed to, the following data for the invoicing, payment or shipment of products will have to be facilitated.
Complete name, NIF/DNI/CIF, confirmation of which the client is adult, direction, direction e-mail, telephone, the holder of the service, the data of payment (or debit or credit card, or bank account) and the holder of the payment data. In case the CLIENT is a legal person, its legal form will also be facilitated.
The CLIENT has the total responsibility on the content of his Web, of the transmitted and stored information, its operation, the connections of hypertext, the vindications of third parties and the legal actions that its action could trigger. Really, the CLIENT is responsible for the fulfillment of the laws and regulations that are of application and, of merely declarative way, of the rules which they have to do with the operation of the plan on line, electronic commerce, rights of author, public maintenance of order, as well as universal principles of use of Internet.
The CLIENT will abstain to use the Services of opposite form to the good faith and, in particular, of merely declarative form, she will not realise with respect to the same: A use that is opposite to the Spanish laws or that infringes the rights of third parties. Any publication or transmission of contents that, according to mpwebwizard.com, is violent, obscene, abusive, illegal, slanderous xenophobe or. The use of cracks, serial numbers of programs or any other content that harm rights of the intellectual property of third parties. The collection and/or use of personal data of other users without its express consent or contravening the arranged thing in Statutory law 15/1999, of 13 of December, Protection of Personal Character data. The use of the servant of mail and/or its email addresses with aims of Spam, mail bombing, phishing, escrow fraud, scam 419, pharming, diffusion of virus (Trojans, worms, etc.), or any other type of activity realised with sabotaging, fraudulent or criminal spirit. mpwebwizard.com specifically notices the CLIENT of which their salient e-mails will be filtered automatically by mpwebwizard.com to detect these activities, where appropriate. The use of the space Web to raise to nonsuitable archives for the purposes of hosting or telematics albergamiento as for example, for a reason or purpose merely declarative, the accomplishment of backups of any type, storage for remote ascents, data storage for the sharing of archives or similar behaviors directly not related to the contents and applications of this space Web. The use of the access to stored electronic messages in a servant as a “virtual hard disk”, that is to say, its use for the storage of files as archives or any other way. The use of the account of e-mail will not be able to be used for other purposes that those regarding a context of normal traffic of e-mail. In any case, the CLIENT will not use the space Web so that she supposes an excessive load for the equipment of mpwebwizard.com or that somehow she harms the operation or the operations of the equipment or the network of mpwebwizard.com. The CLIENT commits himself to adopt whichever safety measures are advisable or necessary to preserve the confidentiality and the secret of his User (Login) and Password (Password) from access to the portal of mpwebwizard.com, who will be, in any case, intransferable personal and. In case of infraction of anyone of the obligations indicated in the previous points mpwebwizard.com will have right to solve the contract with the CLIENT without this one has right to no claim. Also, mpwebwizard.com will have right, where appropriate, to interrupt the provision of the previous service notification written 48 ahead hours, that also will be able to be realised through e-mail, and later cancellation of the same.
3.Derechos and obligations of mpwebwizard.com
mpwebwizard.com guarantees that contracted will be served in the form anticipated in the present General Conditions and, where appropriate, in the established thing in the Particular Conditions.
The CLIENT will not have right to demand that the same direction IP for all the use of the contract is assigned to him to the servant.
Except for pact in opposite, he considers himself including in the tariff the indicated volume of monthly transmission at the time of the hiring through mpwebwizard.com. The volume of data transmission used is deduced of the sum of all the data transmissions derived from the use of the product by the CLIENT (as for example, e-mails, unloadings, loads, webpages). For the determination of the volume of data transmission, a thousands Gigabyte is equivalent to Megabyte, a Megabyte is equivalent to thousand Kilobytes and a Kilobyte is equivalent to thousand Bytes.
The CLIENT will choose a tariff determined when realising the order. Except for pact in opposite, the combination of different supplies is not possible.
mpwebwizard.com offers a guarantee of operation of the Services that authorizes the CLIENT to receive a total or partial installment of the phelp tariffs in case the total availability of the webpages lodged by mpwebwizard.com is inferior to 99,5%.
In the case that the CLIENT demonstrates the satisfaction of mpwebwizard.com that the total availability of the lodged pages is inferior to the aforeshelp reference, the CLIENT will be able to contact mpwebwizard.com to ask for an installment of tariff for this proportional month to the time of lack of availability, installment that will be assigned to the future purchase of Services of mpwebwizard.com. The installments are not exchangeable by money and they do not affect to the taxes that are of application. Sometimes the installments will not be applied to interruptions caused by (i) predicted periodic maintenance or carried out repairs by mpwebwizard.com; (II) lacking of availability caused by the CLIENT, (III) incidences of availability that do not limit the access of the navigator the webpage of the CLIENT (for example, interruptions to the service of FTP or e-mail); (IV) suspension of the account of the CLIENT due to legal actions taken or announced against the CLIENT or his services; (v) suspension of the account of the CLIENT by violations of the General Conditions of Hiring, such as, for a reason or purpose merely declarative, the excessive use of the resources of the system, non-payment or incidences of payment or identification of fraudulent or conculcadores behaviors of the General Conditions of Hiring; or (VI) causes beyond the control of mpwebwizard.com or that are not reasonably foreseeable by mpwebwizard.com.
mpwebwizard.com will be able provisionally to limit or to interrupt the access of the CLIENT to its benefits when they do it necessary the security of the service of the network, the maintenance of the integrity of the network and, especially, avoiding serious interruptions of the network, Software or kept data.
These interruptions will be communicated, as far as possible, with the sufficient advance to the CLIENT by means of mpwebwizard.com or via e-mail. The previous obligation will not be indispensable to mpwebwizard.com in case of greater force or if a fall of the data network takes place that is used basic for the benefit of the same other people's to its will and control.
mpwebwizard.com reserves the right definitively to cancel the aforeshelp access supposing that the CLIENT infringes seriously his obligations and/or supposing that, by reasons other people's to the will for mpwebwizard.com, is indispensable to realise technological changes that prevent the years of service, previous notification to the CLIENT 15 days ahead.
mpwebwizard.com does not take responsibility of:
- 1. - The content lodged in the space attributed to the user by the service
- 2. - The possible damages in the equipment due to the incorrect use of the same (that will be responsibility of the CLIENT)
- 3. - The damages due to an infection by virus of its equipment
- 4. - The errors produced by the access suppliers
- 5. - Any illegal interference on the part of a third party
- 6. - The defective configuration on the part of the CLIENT.
mpwebwizard.com will be able to yield the rights and obligations contained in the present General Conditions to one or several third parties. In this case, the CLIENT will be able to solve the contract of immediate way.
mpwebwizard.com will freely choose the average technicians, who can be regarding the technology and/or infrastructure, with the intention of facilitating the provision of served.
mpwebwizard.com will not be responsible for the damages of any nature that could be caused to third or to the CLIENT as a result of the illegal or illegal use of the Services on the part of the CLIENT.
Any complaint of the CLIENT to mpwebwizard.com will have to be made of written form, that will be able also to be realised by means of e-mail if the CLIENT adds to the claim his complete name, NIF/DNI/CIF, direction, direction e-mail, telephone as well as the holder of the service, according to the effective norm. It is in time excluded the claim from defects and interruptions nonwarned.
The claim must go to the following mailing dress: San Vicente Ferrer 12 46470 Catarroja Valencia or by means of e-mail to infompwebwizard.com
After the notification to mpwebwizard.com of the defects and interruptions, objects of the claim, the CLIENT will grant mpwebwizard.com a term of 10 days to restore the correct operation of the service.
mpwebwizard.com will respond in any case of the damages produced as a result of a contractual breach that is due to a fraudulent or seriously imprudent behavior of mpwebwizard.com or of one of the people as whom mpwebwizard.com uses for the fulfillment of its obligations. If the contractual breach does not take place of seriously imprudent nor fraudulent form, the responsibility of mpwebwizard.com will be limited the quantity of the predicted damages or that they had been possible to anticipate to the celebration of the contract.
In any case, and except for imperative legal disposition against, the quantification of the aforeshelp responsibility will be limited the return indeed phelp by the CLIENT to mpwebwizard.com by the contracted Services.
With the purpose of to improve the benefit of the website the right is reserved, at any time and without previous notification to the user, to modify to extend or to temporarily suspend the presentation, configuration, engineering specifications and services of the website, of unilateral form. Also the right is reserved at any time to modify the present conditions of use as well as any other particular conditions.
intellectual and industrial 5.Propiedad on the contents of the page
The structure of the website, its design and the source code of the same, as well as the logos and content of the same are ownership of mpwebwizard.com and are protected by the norm of CC Creative Common. Acts of reproduction, modification will not be able to be realised, distribution, public communication and, generally, any other form of operation, by any procedure, of these elements without the previous consent in writing of mpwebwizard.com
mpwebwizard.com will not assume any responsibility derived from the use by third parties of the content of the website and will be able to exercise all the civil or as much penal judicial actions that they correspond to him in case of infraction of these rights on the part of the user. Absolutely it is prohibited, the use of the website or some of its elements with illicit aims.
6.Tarifas and form of payment
The tariffs including in the lists of tariffs are fixed. The tariffs depend on the election of the agreed tariff, contained in the corresponding Particular Conditions or packages chosen by the CLIENT. The tariffs that are related to the use or consumption will be invoiced after to have realised the benefit.
One will inquire to the client of the final price, including the applicable taxes, when formalizing the process of purchase and always previously to the shipment on the part of the client of his order.
If a variation in the taxes applicable to the agreed services took place, mpwebwizard.com will be able to adapt its prices consequently.
The invoices will be emitted and sent to the by email electronic CLIENT. The CLIENT accepts the use of the e-mail as the only applicable route for the reception of the invoices generated by the benefit of the Services.
Based on served and of the method of payment facilitated by mpwebwizard.com, the payment of the invoices will settle in the bank account indicated by the CLIENT or it will load itself to the banking card number provided by the CLIENT. The CLIENT authorizes specifically to mpwebwizard.com to throughout realise this domiciliation or position to card of the invoices the period of use of the contractual relation.
In case of non-payment of the invoice, the CLIENT will support the costs of all the requirements of payment, as well as the cost of the return of the banking receipt and all the other expenses that are accrued by this reason attributable to the CLIENT, including honoraria and expenses of the lawyers for mpwebwizard.com
mpwebwizard.com reserves the right to suspend served before any incidence undergone in the collection of the same and/or for want of payment. If the CLIENT did not come to pay the Services within the victory of the invoice of the Service, mpwebwizard.com will be able to suspend of immediate form the same and to come to its cancellation after 14 days natural; simultaneously it would execute the claim of the which had amounts, being able later to solve the contract with the CLIENT by breach.
7. Straight of dropping of the claim
The CLIENT will have a maximum term of fifteen days to stop of the contract by means of declaration, sent by email ordinary to the direction in writing must go to the following mailing dress: San Vicente Ferrer 12 46470 Catarroja Valencia or by means of e-mail to infompwebwizard.com mentioning data client identifier. The term to exert the dropping of the claim right, that will not imply penalty some or necessity of indication of the reasons, will begin to run from the day of the celebration of the purchase. The period of test does not include licenses of software, domains, certificates SSL, dedicated policies of privacy eTrust, discharges on watch or in which discharge is not received on watch. The minimum period of these products without return possibility will be phelp. In the case of licenses of software or spent the minimum period it is a month and in the one of domains, certificates SSL and ETrust products it is of a year. If contract a product that with the annual hiring include a domain, certificate SSL or a policy eTrust and do not finalize the contract, they will have to pay the total amount of the domain.
The CLIENT does not have right of dropping of the claim if mpwebwizard.com .este provides merchandise to him elaborated in agreement with the specifications of the CLIENT or that they are designed clearly based on his needs or if the same CLIENT has ordered the benefit of a service before the expiration of the term of dropping of the claim (for example, immediate registry of a domain at the request of the CLIENT).