DESIGN WEB -

CONDITIONS OF HIRING

DETAILED INFORMATION

CONDITIONS OF HIRING AND USE OF SERVICES AND CONTRACTED PRODUCTS

The hiring of our services implies the total acceptance of our conditions of hiring.

1. Listing of prices

Abacus Creation reserves the right to review and at any time to modify the prices set out in our webpage, the publication in our webpage will in force mark the entrance of the new tariffs.

In case of detecting an error in the price of products of an order, Abacus Creation reserves the right to cancel this order. In case of to have realised the payment already, Abacus Creation will realise the installment corresponding to the CLIENT.

2. Modifications

Abacus Creation reserves the right to introduce any modification that it considers opportune as his hiring, in which case will be notified the client.

Abacus Creation reserves the right to introduce modifications in the characteristics and prices of the supplied services. All modification that affects to the characteristics and prices of the services contracted by the CLIENT will be notified by e-mail and will enter in force from its publication our webpage.

These modifications usually result in an improvement of the services and its characteristics, in which case they are applied to all the accounts of our clients when to take place. In case the modifications imply a diminution in the characteristics or an increase of price that repels negatively in the CLIENT, the characteristics contracted until the fulfillment of the contracted period will be always respected.

3. Product stock

All the products exhibited in our webpage have stock available.

4. Downtimes

The downtimes will depend on the selected product and the chosen form of payment.

Orders in store online for registry of domains and lodging Web:

  1. Once realised the order, it will happen to PENDING state until its installment by means of the diverse forms of payment is realised that we make its available.
  2. The order is executed in the same day, if this same day we can verify the payment and verify it, or you send supporting banking the corresponding one to us in labor schedule, after which the state of the order will be IN PROCESS.
  3. The term of registry/activation of the Domains and Hostings Web once the order is IN PROCESS usually is inferior to two hours (hour labor). Its availability once realised the registry or discharge following the case can moverser within 24 to 48 hours, since the DNS data are due to propagate in Internet.
  4. Once active his order we will send the corresponding invoice to him, and it will be considered as GIVEN.

For the services of development Web or other associate services the terms will depend of the type on project and/or service/contracted product, and we will detail in the budget the orientative terms to you of execution.

5. Cancellations

We accept the cancellations of any order partially whenever we have not come to execute it total or.

In order to annul your order communicate it to the direction of info@mysciphone.com email or telephone 94 410 29 71.

6. Returns

WEB HOSTING
If for whatever reason you are not satisfied with your order, you have a term of 15 days natural, to count from the date of delivery of the order to give back it. If in your order of lodging Web it were including free the registry of domain by a year, the tariff of hiring of the domain will be reduced of the amount of the return according to effective tariffs for each extension of domain.

DOMAINS AND CERTIFICATES SSL
Returns of the amounts of hiring of domains are not admitted or security certificates, since once executed and registered/contracted, the managing organisms do not admit returns.

WEBPAGES AND OTHER SERVICES
You will be able to cancel your project before it has been begun with his development. Returns of amounts by hiring of services of development or modification of webpages or other associate services are not admitted once the project has begun.

The initial installment of 30% of the budgeted amount, marks the home of the development of the project, and implies the acceptance of the particular conditions of hiring of webpages.

7. Renovations

Before the services are going to expire, we sent via e-mail automatic warnings with information on the lapsing and data to realise the renovation of his services. These warnings are sent 30, 15 and 3 days before the service is going to expire. It is responsibility of the CLIENT who always maintains updated his email address with an operative mailbox of e-mail that consults periodically.

In case of wishing to renew we must have certainty of the corresponding payment before the date of expiration of the service:

  • In case of payment by banking transference it will have to send to us always supporting banking via e-mail.
  • In case of having selected the debit, it will have to respond to our warning confirming that wishes to realise the renovation and that we execute the position, if a debit is given back will be applied a surcharge of minimum of 10‚¬ for expenses of management.

In case the services are not phelp before their expiration these will stop working.

The renovation of services implies the acceptance of the effective conditions of hiring at every moment.

8. Electronic invoicing

When contracting the services with Mysciphone, the CLIENT accepts to receive his invoices of electronic form via email. Also he will be able to accede to them from his area of CLIENT.

9. Responsibility of contents and conditions of use

Abacus Creation, is not responsible for the contents or uses, that their clients give to their lodgings Web, webpages contained in them, or contained of webpages created by us once the project she is given to the CLIENT.
The services contracted with Abacus Creation must be used exclusively with allowed aims. If we have certainty of which anyone of the services contracted with Abacus Creation breaks any local Law, autonomic, national or international, we will be able to suspend them without previous warning.

10. Responsibilities and discontinuity in the service

Abacus Creation is not proprietor of the domains nor of the websites of its clients who are in the data base neither lodged in their servers of lodging Web, reason why is not responsible in no way for its contents nor use. Despite if we have certainty of which with them some illicit activity is realised reserves to the right to the completion of the service and its corresponding notification to the pertinent authorities.

In addition it does not guarantee either that the domain can be used by the client, and who can be transmitted by that she acquires the domain without she supposes the violation of rights of third parties

Due to the possibility of own problems of the Internet network and other unforseeable contingencies and of greater force, Abacus Creation cannot guarantee to the 100% that the availability of the service will be continuous and uninterrupted during the period of use of the contract, and therefore it cannot accept responsibilities derived from losses of data, interruption of business or any other damages produced by the operation of the contracted services. What if we can guarantee is that we will try to solve the incidence in the period of possible brief time.

In case of some incidence that affects to the connectivity or operation of our servers and is responsibility of Abacus Creation, if the past problem persists 24h, we will pay the proportional amount to him of the days that is without service in the lodging contracted Web.

Abacus Creation realises backup copies daily, storing itself daily, weekly and monthly copies of its hard disks. However, in case of accidental erasure and due to unforseeable contingencies and of greater force it is possible that its total replacement cannot be guaranteed. The user commits himself to keep by his account a backup copy from his archives with the purpose of to replace these if it were necessary. To this end, Abacus Creation offers management tools to realise backup copies, that will have to manage and to keep the own CLIENT.

11. Refusal or suspension of the service

Abacus Creation reserves the right to deny or to interrupt the services contracted by the user, with or without previous warning if the user incurs any conduct or activity that Abacus Creation considers that it violates some of the terms, set out norms and conditions, infringes the effective legislation, or fails to fulfill the policy of use of resources, until these causes are corrected not taking responsibility Abacus Creation of the consequences that could be for this reason.

12. Completion

The contract will finalize when, in addition to the legally established causes, some of the following concurs:

  • Mutual Agreement of the parts.
  • Conclusion of the initial period of duration or the successive prorogations.
  • Resolution by breach of some of the parts of the obligations derived from the Contract.
  • When anyone of the parts is in situation of bankruptcy or suspension of payments.

If the resolution of the contract will be due to the breach of the client, Abacus Creation reserves the right to finish of anticipated form the present contract and, therefore, to strip to the client of the service contracted without previous warning and without the client has right to indemnification nor to return of amount some.

Also, if Abacus Creation carried out a change in the prices of the services, one will notify the clients, by means of e-mail, such modification before they are affected by the variation in the following invoice that is emitted to them, so that if did not agree in accepting this change exercises the right to solve the present contract without needing paying to additional amount some to Abacus Creation, while it maintains his phelp quota. When finalizing the term of payment in advance will be resolute the contract and, therefore, it will inflict losses his service if nonacceptance of the new price stayed in his.

13. Policy of use of resources in shared lodgings Web

The lodging accounts Web in a shared servant, must share resources with other users, reason why we must limit the amount of the CPU and the memory that can be used by any account.

The lodging servers Web are powerful machines that can respond thousands of requests simultaneously, as much of webpages as post office and other services. Despite all physical device he has a limit of process and storage. In a lodging servant shared Web, the resources are distributed between the diverse existing accounts, by such reason is due to realise a provided use of resources on the part of the CLIENT.

Each plan of lodging Web will have a limitation in the consumption of processor, memory, accesses to disc and accesses with data. These limits will be based on the average of reasonable consumption with respect to the technological resources available at every moment, that allow �bacoCreación to guarantee the availability of the service to his clientess, and these limits will depend on the type contracted plan.

If there is accounts that consume resources in a disproportionate manner this would affect to served to the rest of clientess located in the same machine. An elevated use of resources can be motivated by Webs with a great number of simultaneous visits (of maintained form or in concrete periods), Webs with numerous consultations to data bases and complex applications, wes with applications badly programmed, by attacks or failures of security, etc.

In the services/lodging plans shared Web, the CLIENT must use and/or administer to the services respecting the suitable technical standards, and in case of using applications standard (Joomla, Wordpress,), to maintain updated them as far as possible to avoid bugs or problems of security.

If Abacus Creation notices, or detects in its workings of maintenance an abusive use of the service by an excessive consumption of memory, of CPU or any other alteration that slows down the servant in whom it is located, in such a way that it harms or it entails a reduction in the benefit of the service or the rights of third parties with which the CLIENT shares the servant, reserves to the right in cases critics to suspend, total or partially the service with or without previous warning.

To this end, Abacus Creation will notify the CLIENT, and in case the incidence is considered serious or can affect to the stability of the servant will realise a temporary suspension of the service, until quel the cause is corrected. This circumstance will notify the CLIENT so that it comes to solve this alteration, if the reason cannot be corrected or if once reinitiated the service were backslid in such circumstance of continued way or bad faith, will come to a loss from the service without right to return of amount some, to consider a use abusive of the service/lodging plan Web.

14. Personal and indentificativos data

The CLIENT declares to be the legal person responsible for the use of the contracted service. The CLIENT commits himself to provide to Mysciphone the necessary data for the hiring and benefit of his services and to maintain to us on the matter informed into any produced change.

We treat your information estrictamnte for the facilitated aims, you can see detailed information on our data processing reading the section of Policy of Privacy of our Web.

15. Security

Abacus Creation will not be responsible for the incidences that can arise when these are derived: either of an attack or nonauthorized access to the systems of such form that is impossible to detect it or to still prevent being adopted it the measures according to the state of the present technology, or of a lack of diligence of the USER or CLIENT as far as the guard and it guards of his personal keys and data, as well as to the establishment of suitable keys of security.

If for whatever reason the usuary suspicion that the security of its account is seen jeopardizes anyway, it must notify it to Abacus Creation via e-mail.

16. Spam and shipment of publicity nonasked for

The user commits himself not to transmit publicity asked for through e-mail or any other means in Internet not being publicized any services provided with accomodations with Mysciphone, or through services contracted with Abacus Creation or any other supplier of services. The breach of this point entails the immediate suspension and without previous warning of the contracted services.
The shipment of asked for massive mail is not also strictly prohibited, bringing about the immediate suspension and without previous warning of the contracted services.

17. Configuration of the lodging servers Web

Abacus Creation considers that to obtain a safe system and with a good yield, it is fundamental that as much the operating system, as the rest of software and applications, is updated to their last versions, or in its defect they have the adapted patches to correct any fault of security in the same.

It is for this reason by that Abacus Creation reserves the right to update or to install certain patches of security in the different applications from the servant (ex: Operating system, Servant Apache, installed Version of PHP, MySQL, etc).
In case of having impact in the service, these updates will be tried to in advance notify the CLIENT and it will be tried that they cause the smaller possible impact in the operation of the Web of the CLIENT.

Despite in extreme cases that they put in danger the integrity of the servers we reserved the right to realise the mentioned updates without previous warning and in any strip of schedule. The notifications are realised by means of e-mail.

IMPORTANT: In webpages that include scripts of programming, whatever used programming language, if some incompatibility existed, caused by an inadequate or obsolete programming in the Web of the CLIENT, that is not supported by the new configuration or versions of software of the servant, will be responsibility of the CLIENT, to make the necessary modifications in its webpage for a correct operation.

18. Particular conditions of hiring of the development/modification of webpages

TOOLS

In Abacus Creation, we tried to put within reach of our clients, all the potential that contributes Internet. These tools are of own creation, or developments based on applications Open Source that they have become standard solids. We bet by applications of free distribution, the continuous enrichment of the code that supposes for the desarroladores, and really for the CLIENT or end user.

IMPORTANT: We did not receive by the tools or used material of free distribution, for example the platform Joomla or Wordpress, but by their complete configuration, extension of functionalities, adaptation and integration with the specifications given by our clients.

DOWNTIMES

The orientative downtimes in the final budget will be detailed. Mysciphone reserves the right to modify these downtimes during the development process.

DEVELOPMENT PROCESS

The initial installment of 30% of the budgeted amount implies the complete acceptance of the particular conditions of hiring of webpages and the home of the development of the project,

The CLIENT commits himself to initially facilitate all the information asked for the accomplishment of the project. Also he will have to facilitate any other necessary data to us that he is required during the development, in a reasonable term that does not imply the delay of the project.

During its development the webpage is located in a provisional direction, and once we have an operative sample, facilitate to the CLIENT the access data to verify that the project adjusts to its needs and preferences, so that it can of this form to indicate the necessary corrections and observations to us.

NEW SPECIFICATIONS

In case the CLIENT wants to introduce new specifications once begun the phase of development of the project, these will also have to be budgeted and to be invoiced. The introduction of new specifications will imply the extension of the term of development and the installment of an additional percentage of the budgeted total amount before being implemented.

CONCLUSION

In the projects that include the complete development of the Web on the part of Abacus Creation or works of update/modification/extension of existing Webs, it is will be understood as finalized once it is completed and it fulfills the specifications required initially by the CLIENT, although it is in a provisional direction.

ACTIVATION TO THE PUBLIC

The Web will not activate in the definitive direction until the project is phelp in their totality. Once subscriber the activation will take place within 24-48 hours whenever he already has active Domain and Web Hosting.

PAYMENT

In order to begin the project initially 30% of the budgeted amount will be phelp. The initial installment of 30% of the budgeted amount implies the commitment on the part of the contractor, to realise the complete payment of the remaining amount once the project is finalized, always in a maximum term of 15 days natural from its conclusion and before its activation to the public.

Also, if a project already finalized is not phelp in its totality in the term 15 days natural from the date of conclusion, Abacus Creation reserves the right to suspend the project and if it considers it necessary, to execute the legal actions that correspond. In these cases of not paying the amount in the stipulated term, Abacus Creation reserves the right to apply a surcharge of 25% of the amount budgeted plus its corresponding IVA. The amount of this penalty never will be inferior to 100‚¬ + IVA.

In case the CLIENT wants to reactivate a project later, Abacus Creation reserves the right to invoice additional rates of reactivation at the rate of a 10% + IVA of monthly additional surcharge to count as of the 15 days of term previously mentioned.

TECHNICAL SUPPORT

We include a continuous support and customized telephone route and by means of e-mail before possible doubts on the administration or management of the Web and contracted services.

GUARANTEE

We guarantee the correct operation of the application with the initial specifications. Before being activated, the Web is placed in a provisional direction so that the CLIENT can verify his correct operation. Once he is finalized, and the CLIENT gives to his conformity the Web is activated the public.

In case of detecting later errors in his operation, or appearing faults in the tools, applications, portals or other components of used third parties, one will occur to support applying the patches and necessary corrections during the 6 first months. They would not be including updates of tools, applications, portals or other components to new versions with new functionalities, and these will have to be budgeted previously.

19. Juniors

The juniors must ask for and obtain the permission of their parents, the tutor or the legal representative before being able to discharge from the hospital as CLIENTES/USUARIOS in our Web, to contract no service, or to accede to no of the tie Control Panels to the diverse services offered in this Web or its panels of administration. It is prohibited the access and use from the portal to the juniors nonauthorized.

We remember the users of legal age whom they have to his position smaller than he will be of his exclusive responsibility to determine what services and/or contents are or nonappropriate for the age of these last ones.

We also remember that software exists that allows to filter and to block the access to certain contents and services, of such form that the parents or tutors can decide which are the contents and services to which had the charge of his they can have access and which no.

20. Applicable legislation

The Conditions of Contratacón and the rest of legal conditions of the website are in force in all their ends by the Spanish law.
All the questions regarding the Website are in force by the Spanish Laws and they are put under, with express resignation to any other charter, to the jurisdiction of the Courts and Courts of the city of - (Spain).