Service Level Agreement Overview
This agreement regulates the general terms and conditions for services provided on this website www.oswap.net, and specified below. The user, completing the registration process and contracting our products/services through the website, or by the customer service telephone or via email through email@example.com , accepts and expressly subject to the terms specified below.
This contract subscribed through www.oswap.net web page, part of OWASP Internet SL corporation, based in L'Hospitalet de Llobregat, 08908 Barcelona (Spain), at 25,Dolors Aleu Street, provided with VAT Number B67488635, registered the 31st of december of 2011 at volume 47.025, page 58, file number B-538.543, second inscription, on the trade register of Barcelona (Spain), hereinafter OWASP.
And the other part, the CUSTOMER, whose personal data was given through the forms OWASP offers through this website, to proceed with hiring the service freely chosen and specified bellow. Customer assumes that the information is true, accurate, current and own consent order given, and is not minor.
1 - Definitions:
Properly constituted, providing telematic services, specializing primarily in Web hosting and registration of domain names, complies with all legal requirements necessary to carry out the activity under this contract.
Customer and/or owner of the hosting:
Any individual or legal person who has his own domain name or an authorized third-party interested in hiring free or paid OSWAP services/products, filling in the application form for a OWASP service offered through its web www.oswap.net and listed as one of the contracting stakeholders. In any case, the contracted services will be invoiced to that individual or legal person.
Individual person or company that outsources OSWAP services on their behalf, giving services to third-parties ( hosting, domain registration, computer, etc.). Any person or company that hires a hosting as a third-party is required to know their rights and obligations under the service contracted. It will also have to comply with each of the legal obligations that affect it, especially those related to the Organic Law of Personal Data Protection and 34/2002 Law IT Services and Electronic Commerce Providers. Oswap is exonerated from any liability arising from the business relationship between the reseller and the customer.
These are the general conditions of contract containing all the clauses contained in this document, and any additional information about the particular web hosting service, chosen by the customer, which is shown and updated on www.oswap.net website, and is always available for consulting, indicating the last update below.
Internet Domain Name:
Set of characters that identifies an Internet site with its network address (IP).
IP (Internet Protocol):
Rules that manage the data transmission through the network.
Services offered on this website, and specified below in this contract
Hosting services described in this contract offered by the system gives shared hosting servers of OWASP, ie various websites of different customers are hosted on a single server, where the customer domain name is located whom manage their own resources and applications services that Oswap offers and they are included in this contract.
Computer devices managed by the customer to store data and information through its website by the hosting service offered by Oswap.
Resources and Applications:
Technical and programms that manage the different services that the customer contract.
Login and password:
Security system to identify, authenticate and verify the customer, to access to their contracted services safely, reliably. Allowing access to the Control Panel, applications and information via web about the contracted services by telephone or email to Oswap.
Tool developed by Oswap which is awarded to each customer to manage resources and applications available to the contracted service and even additional services or extensions, check your billing information, make requests so that each order cause technical and administrative actions necessary for the development of the required action. These requests will be reflected in the internal management system of Oswap.
2 - Purpose:
This agreement aims recruitment and acceptance by the customer the service or Internet services offered on this website by OSWAP listed below in accordance with the terms and conditions contained in the clauses of this document.
-Email Accounts Plan
-Web Hosting Plan
-Dedicated and Virtual Servers
Each characteristic of our services or products, as well as the price , are specified in our website www.oswap.net. The customer has the right to make additions or change the plan, and these will be explained in paragraph D of the fourth clause of this contract. This contract shall apply to other products or services that Oswap in the future can offer on its website, despite not being included in this clause. New products or services will be specified into this contract.
The changes introduced in each service or product will be referred in the fifth clause of this contract. In any case, notification is understood and any change affecting services or products of this contract, with the publication of changes on the web www.oswap.net, and as far as possible, OSWAP may notify these changes via email to the customer.
3 - Price, conditions and forms of payment:
In consideration of the contracted services, the Customer accepts to pay the amounts specified by Oswap at that time in the price relationship were established on the website for the corresponding www.oswap.net requested service, plus value added tax (VAT) accordingly.
In case of automatic extension of the contract, prices will increase according to % of the Consumer price Index (CPI) for corresponding year.
Oswap reserves the right to make changes in their prices. These changes never affect the services contracted prior to the price change, and always will be communicated to the customer at least 30 days in advance before the end of the contract, reserving the Customer the right to not renew the contracted services, and without generating any compensation for both parts.
Free services are subject to the conditions stated in this website for use.
Payments must be provided before to the service, Oswap won't be providing the service requested until the time we received the payment.
The service requests made through transfers that are not paid within 30 days will be void.
Oswap reserves the right to cancel temporarily or permanently the services provided, to any impact on the recovery of the same, regardless of the payment method applied (annual, monthly, quarterly or semi - annual), pending resolution of the default, whether not attributable to the Customer.
Oswap, ten (10) calendar days prior to the cancellation of services provided, shall notify the Customer in order to take the necessary measures to cancel the service (backups, etc.). OSWAP is exonerated for any consequences arising from the cancellation of the result of non-payment services of the same.
Deactivation of a service by default, all data associated will be removed with it with it. If the Customer rehired such service should enlist again all the data. The recovery of any of the above data, if it is possible, you should ask the technical department of Oswap, after paying the price of this service is 30 euros.
Return of bank receipts for reasons not attributable to Oswap, involve the payment by the customer of a charge of 5 euros + IVA for bank charges incurred for the return and the costs of administration and management.
The Payment of this fee will be essential for the resumption of services in cases of temporary cancellation of the same condition.
The customer who is listed in the high-profile web www.oswap.net website is responsible for paying the bills even when a third-party intervenes on behalf of the client, so the responsibility to provide authentication data to a third-party is unique and exclusive customer.
All Oswap Invoices issued with details of all the concepts that make up that invoice. Customer will receive invoices issued by OSWAP telematically through your Control Panel, which will have access through your login and password.
Additionally, once services are active, the invoice will be sent by email to the address provided by the customer as a billing contact. If the client requests a paper copy will be sent.
In the case that the Customer exceeded the monthly amount of data transfer contracted by 100%, the service will enter restricted mode up to 110% of the contracted amount (10 % courtesy of OSWAP). Upon reaching 110% of contracted transfer service it can be disabled to prevent overconsumption. Oswap previously notify the customer to reach 80%, 100% and 110% of the transfer, making available the necessary to perform the online extension tools. The price of enlargement is stipulated on the website of www.oswap.net.
The customer is solely responsible for making backup copies necessary to avoid loss files in hosting services. Oswap backs the contents up of temporary hosting services security, however is not responsible for loss or accidental deletion of data. In the same way that does not guarantee full replacement thereof because between the last copy and deletion, data may have changed. The service contracted accommodation does not include the replacement cost of the saved through the backups made by Oswap content. The service cost replacement of the data will be borne by the customer when the loss of content it is attributable.
The customer agrees that telephone conversations you have with Oswap can be recorded in order to improve the quality of services and security in providing them.Oswap don'tt provide functional and technical support beyond that already offered with the hired host service support. In the case of incidents for reasons attributable to the Customer due to negligent actions which constitute a breach of this contract, the aid may be an additional cost depending on the service determined technical interventions. Oswap don't give assistance in all that relates to the development of client website, programming and database; Customer assumes that you have the knowledge necessary to enjoy the contracted service.
Payments in compensation for the services it will be indicated at the time of recruitment on the website. Prices do not include IVA (21%), which will be added to the stated price.
The customer must pay the amount corresponding to the service contracted through the payment that once established as available on the website www.oswap.net. Customers with specific history of defaults in default Oswap - considering any return of a charge made by Oswap - will be available only certain specific forms of payment for both new hires and for the renewal of their services. This limitation on the payment methods may be temporary until the solvent Customer abnormal situation or a permanent character, although the situation solvent, if the customer has a continuous history of defaults. Also, any conduct that may constitute an illegal or contracting certain services or before the introduction of inconsistent data by the Customer, Oswap reserves the right to offer only certain methods of payment.
Payments for services generally are done through a single annual fee, however, for certain services, the annual price can be broken down into monthly, quarterly and semiannual payments. On the website are indicated the terms of payment as contracted services.
Payments of additional services, if any, will be billed separately the price of the service chosen, and paid monthly. Non - payment of the additional services will Oswap cancel the main services contract, pending resolution of the default, whether not attributable to the Customer.
Payments of the services will be paid always in advance, except for the terms of payment installments through bank transfer to the account that will tell you if you choose this option. The conditions will be those indicated when this payment method is chosen. The bank return for reasons not attributable to Oswap causes involve the payment by the customer of a surcharge for the charged bank charges and the costs of administration and management of the return.
The whole of bank transfers expenses for Oswap issued for payment of contracted services shall be borne always the payer of the transfer, generally, the Customer. Oswap reserves the right not to activate the service contract in the case of not having received the full amount of the service.
The Customer shall duly inform the concept of income in the case of transfers, otherwise Oswap can not perform any management until this payment is properly credited.
4 - Start up, duration, renewal and change of plans:
This contract starts when Oswap receive the payment of the service selected by the customer, when it will begin providing the requested service, which will be confirmed by e-mail at the address indicated by the customer, within 24. Hours after confirmation of payment of the contracted services.
The contract has a duration specified in the terms of service, but generally will be annual.
This contract is automatically renewed for the same periods than those contemplated herein, unless Customer states in writing 30 days prior to completion his desire not to extend. The renewal will be effective at the time Oswap receive payment of the renewed service. Once the renewal of the service without manifestation occurs against by the Customer in no case will result in the refund of the amount paid for it. In the event that the Customer has activated the "Do not wish to renew" available in your Control Panel, it assumes that it should proceed with renovations service before its expiration date to avoid unintended consequences.
The price and payment terms for renewal shall be man in the same manner and conditions specified in this contract. However, Oswap reserves the right to change the rates stipulated in the contract, a circumstance that connect the customer with a minimum of 30 days in order that, if desired, may terminate this agreement upon completion of same, without generating any compensation for both parties for the resolution of the contract.
In each renewal of the contract will not be sent back, always understood the current www.oswap.net published on the website that collects the most current version.Change of plans : the Customer may request Oswap hiring new services or changes that have contracted, leaving them subject to the provisions governed by this contract and being charged in accordance with the prices stipulated in the web page www.oswap.net for the requested service. Amplifications or service changes must be made through the control panel or through service commercial service.
Changes to lower plans contracted, they will not be entitled to a refund of amounts paid by the service superior characteristic hired , assuming a unilateral termination advance the service contracted previously.
Shifting up plans in features, resources and applications generate a corrected invoice to the client, the amount paid and not consumed will be deducted from the price of the new service.
Customer could cancel the service in advance hired 30 days after the first contract, you will not be entitled to a refund for the amount paid. Only you entitled to a credit for the amount of unused service, assuming it performs expansion or change from the largest amount contracted service, in which case it is deducted from the price of the new service. In any case disbursements are reimbursed for any registration of domains, setup fees, expenses consultancies service or any other service that, by its very nature, is impossible to carry out, having been already enjoyed by the client or for having breached the client the terms of this contract.
Cancellation of services will become effective the day requested by the customer via the website or the day tell us if you contact directly with our company, so the Customer must be careful to make copies of content hosted on our servers, Oswap being exonerated of any loss of information, once solved this contract. If there is loss of information, once terminated the contract for reasons attributable to the customer, the recovery of this, if it is possible, would pay a financial consideration to be determined according invested in performing this task time.
Cancellation of this change of supplier contract does not require Oswap to make free data migration to the new provider, this being your responsibility.
Any renewal, change and cancellation plan can only be made by the client, or sufficiently authorized by the person. No changes made by holders of domain or similar if they are not as clients of Oswap, whether the accommodation is based on a domain of ownership will be addressed
The Customer, subject to the provisions of the 4th clause, have a period of thirty (30) calendar days from the date of activation services and products to terminate this contract without incurring any penalty, except high fees, expenses consultancies service, domain registration and any other service that, by its nature, can not be reinstated, having been already enjoyed or for breaking the Customer the terms of this contract. The guarantee period shall not apply to contract renewals. The cancellation request must be made via email to firstname.lastname@example.org.
Any request outside the warranty period referred to in this section, it shall be bound to point E of the fourth provision of this contract.
5 - Right of Withdrawal:
Customer is entitled to withdraw from this contract within 14 calendar days without justification.
The withdrawal period shall expire 14 calendar days from the day of conclusion of the contract.
To exercise the right of withdrawal, Customer shall notify to: OSWAP Internet S.L., c/Pablo Iglesias, 56 - 08908 L'Hospitalet de Llobregat (Barcelona), or via email: email@example.com its decision to withdraw from the contract by an unequivocal statement (eg a letter sent by mail or email). You can use the model form below, although its use is not mandatory.
FORM OF WITHDRAWAL
c/Pablo Iglesias, 56
08908 L'Hospitalet de Llobregat (Barcelona)
or by email at: info @ oswap.net
• We hereby inform you that I give up my contract to provide the following SERVICES
• Requested DATE OF REQUEST
• Customer Name
• Customer Address
• Customer Signature
You also have the option to fill out and send electronically the model withdrawal form or any other unequivocal through the contact form on our website statement. If you use this option, we will communicate without delay in a durable medium (email) receipt of such a withdrawal.
The withdrawal period is sufficient that the communication concerning the exercise by you of this right is sent before expiry of the deadline.
Right of withdrawal in accordance with Article 103rd of 1/2007 law, shall not apply to the provision of services, once the service has been fully implemented when the performance has begun , prior express consent of the consumer and user and recognition on their part that is aware that, once the contract has been fully executed by the employer, have lost their right of withdrawal.
Consequences of withdrawal:
The withdraw from this contract, we will refund all payments received from you without undue delay and in any case not later than 14 calendar days from the date on which we are informed of its decision to withdraw from this contract.
Proceed to carry out such refund using the same payment methode used by you for the initial transaction, unless you have expressly provided otherwise; in any case, will not incur any costs as a result of refund.
If the service under this contract had begun during the withdrawal period, in accordance with Article 108.3 from 1/2007 Law, OSWAP Internet SL, retain part served for the proportional and in the event that the service has been fully provided, in accordance with Article 103rd of the Act, the right of withdrawal shall not apply.
6 - Modifications:
Oswap reserves the right to modify in any way the characteristics and conditions of its services, always with the aim of improving them and it would lead to a benefit for the client.
Changes adopted for the benefit and improvement of services provided to the customer, the assumption that a minority of them is aggrieved, prevail benefit to the greatest number of customers in compliance with the changes.
Oswap will notify the Customer any modification or change of their services, reserving the Customer the possibility to terminate the contract, within 15 days from communication, if not agree with the changes that are to be conducted. After the deadline, Oswap deemed to accept the changes.
If customer is not satisfied with the modifications communicated by Oswap and decides to terminate the contract, should comply with the obligations assumed prior to the resolution.
Oswap understands that mere publication on our website of the changes affecting the contracted services involves the notification of the same to the Customer. However, as far as possible, Oswap try to individually notify their customers of the changes.Oswap reserves the right to install on their servers the most right business versions, with the sole aim of ensuring the provision and security services.
Oswap reserves the right to block or remove, temporarily or permanently, without prior notice to the customer, one or more settings in the Control Panel if warned of a risk or vulnerability hosting service to put at risk the integrity of the data or the same service.
7 - Oswap obligations:
Providing the services contracted under his own responsibility and with the utmost diligence, compliance with the conditions and technical specifications contained in this document and its annexes.
Taking care of maintenance necessary for the operation of network facilities, for it has a technical and computer right equipment.
Additional services, such as the acquisition of domain names, or whatever they may agree both parties, shall be specified separately in separate proposals and will require mutual acceptance.
Give the customer all the technical and functional information necessary for the development of the contracted hosting website.
Under the provisions of 34/2002 Law on IT Providers and Electronic Commerce concerning to the duty to cooperate with the competent authorities, suspend the contracted service when is urged by the judicial or administrative body that formally request it. If OSWAP aware of being committed clearly unlawful actions or violate the rights of others, will have the power to interrupt service, and shall inform the competent authorities.
In compliance with 34/2002 Law(LSSICE) and 25/2007 Law of October the 18th , data retention on electronic communications and public communications networks, for 12 months will retain all the data needed to detect the origin of the stored data and at the time that the service, which as a service provider hosting on their servers stay and started the necessary data to facilitate the location of the computer used by the user terminal to transmit information. The data will be kept to be used within the scope of a criminal investigation, to safeguard national defense or public safety, and when required by a judge, court or prosecutor.
The cutomer address is requested. Oswap will be only liable for legal purposes who has that status, that is, registered as such in Oswap and paid invoices. Consequently, it can not provide information or transfers of information to third-parties, other than customers regardless of who hold domains or to inform us ownership of content hosted on the servers. In such cases, it must provide the appropriate judicial request to authorize us to transfer information.
Comply with all obligations under this contract.
8 - Customer Obligations:
In accordance with all obligations under this contract, in particular those relating to price and payment terms.
When the service requires, have a domain name first, generic or territorial, own or third-level authorization, which shall be hosted on servers Oswap.
Using the service contracted in good faith, without violating the laws of any matter or infringe rights of third-parties, including their professional activities.
Customer properly maintain computing devices necessary to ensure efficient use of the service, exonerating Oswap of any responsibility regarding the performance of the Customer computer equipment.
The right use of connections, vowing to avoid any action that might damage the systems, equipment or directly or indirectly accessible services by Oswap.
Saving a backup of the files on hosting services in order to replace them if necessary.
Checking the size of the transfers made in order not to exceed the contracted size and make fair use of the service according to the contracted features. If Oswap detects a misuse of the service involving a slowdown or a malfunction of the server, so that harm others who share that server, will have the power to terminate the service contract with the Customer temporarily, and if the customer fails solves the problem totally. In any case Oswap provide advance notice enough to Customer of these circumstances to take adequate in order to avoid loss of information measures.
Given the technical nature of shared servers are limited the number of apache connections, meeting requests and MySQL connections, It is exonerated Oswap of image problems and viewing their website, in cases where the customer exceeds the maximum established connections and specified below:
Customers who wish may change to a higher plan to expand the consumption limits. These changes are manned by the provisions of these conditions of contract, both technically and economically.
The boundaries mail service are marked by email account and are as follows:
Area of the parent folder: the space of the parent folder is limited to a maximum of XGB for basic accounts and XXGB for xxxxxxx accounts.
Number of emails sent per day: there is a limit of xxxxx messages sent per day / xxxx account and xxxx messages sent per day / account xxxxx. If you want to send emails because there are more users/as available distribution lists, you can use the newsletter delivery service, which has its own limits. In the event that there are users/as using other systems must be put in contact with the Technical Department, which will study the case.
Emptying the Trash Folder: For better space efficiency mail servers, emails that are in the Trash folder they will be deleted from the seventh day old.
Assuming responsibility for the content of your web page and email, as well as the information transmitted and stored and containing hyperlinks. The Customer is solely responsible for third-party claims regarding their email and web page, and all legal actions that may cause the publication and use of its website, leaving Oswap exonerated of any responsibility.
The customer is solely responsible complying with the legal obligations resulting from the use of its web and email, such as the laws of intellectual and industrial property, data protection, information services and e-commerce, consumer rights, child protection page , public order, use of the Internet and any to be met.
Customer pays Oswap for expenses that had consequence of any imputation whose responsibility was attributable to the Customer, including fees and expenses of lawyers, even in the event of a resolution court not final.
Access, modify, view the configuration, structure and files of Oswap servers, by the Customer or third-parties are not authorized by Oswap. Any incident that occurred on servers and security systems Oswap as a direct result of willful misconduct Customer, it will respond by civil and criminal liability that might correspond.
Use, maintain and properly protect the user name and password access to our control panel, being his sole responsibility. The use and communication of them by the customer or by third-parties will be under the sole responsibility of the Customer.
The accommodation must be subject to a domain name or subdomain which the client must be the owner or have authorization for use.
Customer will be solely responsible for maintaining operational, active and updated the email address provided on the contract form for communication with Oswap and has the obligation to inform Oswap any changes to your data, being Oswap exonerated from any liability for this circumstance.
Customer is responsible for checking that the product characteristics meet your needs, and acknowledges that it has been duly informed by Oswap.
Customer agrees to follow the basic rules of respect in dialogue in communications with Oswap.
Accepting this contract, the client consents sending invoices for the service through electronic.
Customer is responsible for the accuracy of their data, agreeing not to introduce false data and to rectify them if necessary. Oswap allows Customer all this so that it can proceed to the modification. The Customer states that when you do not enter your personal data, but those of a third party authorized by it for its introduction.
9 - Intellectual Property:
Oswap owns all Intellectual, own or third-party legally acquired on the software, operating manuals, associated documentation, procedures and any other rights related to contracted services provided or made available to the Customer property. This does not acquire any rights, except the right and essential for the implementation of this agreement and only for the duration of this license.
Oswap agrees to indemnify the customer for any claim that originates in the infringement of any intellectual property rights, by reason of the use or possession by the Customer of any software or equipment provided by Oswap under this agreement.
Likewise, the Customer agrees to indemnify Oswap for any claim, in cases where the offense comes motivated by the use of equipment or Customer software in conjunction with other equipment or software not provided by Oswap.
10 - Confidentiality and Privacy:
All information that the stakeholder are transmitted during the execution of this contract is confidential. Both stakeholders agree to keep this information as such, taking all appropriate measures to ensure that only those authorized have access to that information to develop the contracted activity.
Confidential information, including the content of this agreement may not be disclosed to third-parties or during the term of this contract or the end of it for a period of two years, without the express permission of both parties.
It is excluded from the obligation of confidentiality all information which by its nature has no such consideration.
All information hosted on the Oswap servers are considered confidential and not be disclosed to third-parties unless express request of authorized judicial and administrative bodies.
Oswap Internet SL, responsible for its files informs you that, under 15/1999 Law regulating the Protection of Personal data (LOPD) and Royal Decree 1720/2007 of development of the LOPD, treat all personal data you provide us with the utmost confidentiality, and that will be incorporated into a file called "customers" with registration code xxxxxx in the Register of the Agency for data Protection, in order to provide the contracted services, to invoice and inform the commercial company news, send our informative newsletters , events, contests and any information we think may be of interest and related to our services. You have the right at any time to object to any of our commercial or informational mailings, and access, modify and cancel your personal data from our databases at the address indicated in the first paragraph of this contract, to the attention of responsible for the files.
Both stakeholders are exonerated of any liability for the failure of one of the parties regarding the Spanish legislation on protection of personal data, related to the execution of this contract.
It is absolutely forbidden to provide personal data to those under 14 years without the consent of parents or legal representants.
All personal data supplied as well as those arising from the business relationship are treated with absolutely confidential and only transferred in cases provided by law and by judicial or administrative request.
The Customer recognizes that the provision of the service implies the possibility of access to files of data processing responsibility of the Customer by Oswap Internet SL, in any case, these accesses will be considered communication or transfer of data, and governed by the provisions of the 12th Article of 15/1999 Law of data Protection and the articles 20th, 21st and 22nd of Royal Decree 1720/2007, and consequently, Oswap Internet SL, will treat your files as a manager treatment CLIENT and therefore we commit to:
. Comply with all obligations under the data Protection Act and Royal Decree 1720/2007, process personal data only in accordance with the purpose and instructions of those responsible for the files, and during the term of this agreement.
Not applying or using personal data supplied for other purposes than as contained in this contract shall not communicate or even for preservation, other people, or your computer case. All other subcontracting require the authorization of charge.
Take the necessary technical and organizational measures as are appropriate to ensure the security of the personal data. This will apply to all security measures basic level required by Royal Decree 1720/2007.
If the data supplied by the customer correspond to high levels of security, the customer must expressly inform OSWAP via email, with the OSWAP order to analyze the feasibility of adopting appropriate security measures. OSWAP reserves the right to refuse the provision of data above the basic level.
Once the delivery is complete, personal data must be destroyed or returned to the files.
All personal data is provided as confidential. Oswap must communicate and enforce its employees the obligations under this contract and in particular those relating to the duty of secrecy and security.
The manager of treatment inform the responsible for the files any request for access, rectification, cancellation and opposition received within the time and manner prescribed by law.
In order to comply with the provisions of Article 20 of Royal Decree 1720/2007, we offer document issued by our law firm where to certify compliance with the obligations arising legislation on data protection.
Events that the charge of treatment violates any of the requirements and stipulations agreed in this contract and uses the data for other purposes, or to communicate, will be held responsible for the treatment and shall be liable for any infringements which it incurred personally exonerated from any responsibility responsible for the files.
Electronic acceptance of this contract has full legal validity for purposes of compliance with the requirements of Article 12 of the Data Protection Act that the contract with the manager treatment is concluded in writing. If you want you can download the document.
11 - Limitations of Liability:
Oswap does not guarantee service availability under this contract is continuous and uninterrupted for problems caused by the Internet circumstances, failure of computing devices and other unforeseeable circumstances. So the Customer agrees to bear within reasonable limits these circumstances, so expressly disclaims claim Oswap any contract or tort liability for any errors, mistakes and use of the service.
Oswap in these circumstances, breach commitments made in this contract for more than 24 hours space, the customer is entitled to claim the refund of the money paid to the period when the service is interrupted or not work properly.
OSWAP don't assume its responsability of data loss, whatever their origin, interrupts the business activities or any damage resulting from the performance of services, or the expectations generated the Customer, being exonerated of any responsibility.
Products and services given are made in sharing with other websites regime, Oswap is exonerated from any responsibility for technical problems attributable to third-parties. Therefore, the Customer expressly renounces claim any responsibility, contractual or tort damages Oswap for possible failures, delays or errors in access to and use of the service, without prejudice to existing legislation.
Oswap recommends if the Customer for the operation of its business or business is paramount product or service, hire a dedicated server service that guarantees greater security. Remember that Oswap is exonerated from any responsibility for loss of data, interruption of business or economic activities.
Oswap is not responsible for the data loss or deletion, whether for security reasons make temporary copies on their servers, being sole responsibility of the Customer data loss or deletion, that safety is required to perform the corresponding backup and recovery.
The Customer assumes all liability for the use of the website and e-mail hosted on the Oswap servers, the only technical and/or legal responsibility for any direct or indirect effect on the resulting web page, including so but not limited to , all economic, adverse, forcing the Customer to indemnify Oswap any claims arising directly or indirectly from such facts. Therefore Oswap is not responsible directly or indirectly for any direct or indirect damage that may cause the client to third-parties.
The Customer assumes all liability for the use and email content, forcing himself to use it in good faith and in accordance with the law.
Oswap, and every member of your organization person is exonerated from any exclusively attributable responsibility to the Customer, or arising from any claims, including the payment of fees to attorneys for lawsuits and claims arising from third parties for the failure the Customer, or any other claim for breach of the legislation.
The Customer is solely responsible for the use, custody and confidentiality of the username and password to access our control panel, being exonerated Oswap and every individual member of the organization from any liability for loss, theft or voluntarily third communication
Oswap, has a double filtering SPAM to ensure greater protection to users/as:
The first filter acts as first barrier and is based on the reputation of sender of the message; this operation is reflected in the policies of use and acceptance email from Oswap. In these cases, Oswap never deleted the messages received, but merely to return them to the sender informing them that their mail has not passed our servers antispam barrier. It is the responsibility of the server administrator of the sender rejected prevent IP addresses are suspected of issuing spam and rejected by our antispam barriers. Consequently, OSWAP is exonerated from any responsibility for legitimate messages not delivered to their recipients by these facts. Also, Oswap is exonerated for non - receipt by the Customer of legitimate mails received by the antispam measures adopted by the Customer.
The second filter is provided by a service provider spam detection that ensures high detection rate. Messages detected as spam are stored in a temporary folder on each mail account, called SPAM, for a period of 30 days so that the user can check the accuracy of detection. This folder does a daily emptying of the oldest messages 30 days. Such filtering technology when working with complex algorithms may produce false positives, so in such cases is your responsibility to notify false positives technical department for the detection system can be corrected.
Oswap is not responsible for the following circumstances:
The contents of the website and customer e-mail hosted on servers Oswap.
Possible errors caused by access providers Internet.
Viruses infection on client computers, you must protect yourself.
Data loss or deletion.
Acts of hacking into the service provided to the customer, although Oswap has reasonable steps to avoid them.
Damaged, malfunctions, or misuse of computer equipment and customer applications.
Problems that may arise from causes attributable to the customer.Oswap is exonerated from any liability arising from the business relationship between the reseller and the customer as well as offers of services by third-parties regarding our products as well as the failure of the distributors of the legal requirements in contractual matters, personal data protection and IT Proviers Law.
12 - Notifications:
All notices between the stakeholders will be through email. The customer is responsible for the confirmation of receipt of the notifications and to inform Oswap any changes to your data, being Oswap exonerated from any liability for this circumstance. In case of modification, the Customer must inform of Oswap by email or telephone numbers listed in this contract, being exonerated Oswap for non-receipt of our emails for reasons attributable to the Customer.
Both parties agree to retain all documentation relevant exchanged by any means whatsoever, as proof of transactions.
In accordance with the article 21th of 34/2002 Law on IT Providers and Electronic Commerce Providers, which prohibits the sending of commercial communications via email which have not previously been expressly authorized by the recipients of the same, we inform you that by accepting these contract conditions, expressly authorize us to send you our commercial, advertising, informational or promotional mailings via e-mail to e-mail address provided, always revocable.
13 - Assignment, Causes of termination of the contract and Contract Integrity
Oswap supports the transfer of this contract with customer to a third-party provided that this transfer is carried out following the procedure established by Oswap and through the Customer control panel and such assignment obtain the consent of the assignor and the assignee.
This contract terminated for general causes established in Spanish law, and for breach of its obligations under this agreement.
Oswap reserves the unilateral right to withdraw a website if you received a complaint and analyzed internally it is considered that effectively are being violated rights or committing illegal acts, besides reserve the right to file complaints in the case of criminal acts.
The early termination of this contract for reasons attributable to the Customer will result in the cancellation of contracted services, without this resolution and its consequences generate no right to compensation to the client.
The early termination of the contract does not involve a breach of the commitments and obligations assumed prior to the cancellation, being obliged the Customer compliance, especially those related to outstanding payments of fertilizer.
Each one of the clauses of this contract should be interpreted separately and independently from the others. If any of them happen to be invalid, illegal or unenforceable under any rule of law or be declared invalid or unenforceable by any court or administrative authority, the invalidity or unenforceability of it does not affect the other provisions, which remain in full force and effectiveness. The contracting parties agree to replace the clause affected by another or that have the corresponding effects to the purposes intended by the parties to this contract.
This contract includes all the existing agreements between the parties and supersedes and revokes, where appropriate, how many other pacts or agreements, oral or written, may be in force at the date of your subscription. This contract may be modified by agreement between the parties.
In case of conflict, the Spanish text shall prevail over any translation thereof may be published on this website.
14 - Commitment, acceptance and validity of the contract:
Costumers acknowledges that he has understood all the information regarding the services offered on our website as well as all conditions and stipulations contained in this electronic contract, which states that are sufficient to exclude any error on the consent of this contract, and therefore accepts them fully and expressly.
Customer is fully aware that the acceptance and execution of this contract will take place through the provision of data and pressing the "click" button corresponding indicated on our website www.oswap.net and is concluded with the payment of the service.
15 - Legal requests:
The supouse the Customer does not remember their username and/or password to access the Control Panel, it can request recovery through the website www.Oswap.net, provided you have access to email contact contained in the contract form of services.
Optionally, the Customer can register a second email address through your Control Panel, to retrieve your username and/or password, as a preventive measure for possible if the customer does not have access to email contact.
If the costumer does not have access to any e-mail contact, it must demonstrate to Oswap is the owner of the contracted services included in your Control Panel. With this object, Oswap will send the Customer a form Legal Demands that the Customer must fill in the requested information and documentation to identify you as the owner of services.
In case there are different owners in the services of the same Control Panel (domain owner's discretion Whois and / or receiver of the last invoice force in the case of shared accommodation), the customer must provide a form duly completed legal petitions and provide the relevant documentation for each and every one of the different headlines. Otherwise, the applicant may access and manage the services of which were able to verify ownership. These services in particular may be transferred to another user - ups if necessary. - Which has access.
16 - Applicable law and dispute resolution:
This contract is commercial in nature, and shall be governed by and construed in accordance with Spanish law.
Any discrepancy or difference arises between the parties relating to the interpretation, content or execution of the Contract that is not settled by mutual agreement, the parties to the courts or competent courts that will result in each case, unless the Customer is a legal person shall be submitted. In this case, expressly waiving any other jurisdiction that may apply, shall be submitted to the Courts of Barcelona.
The parties by mutual agreement may choose by way of arbitration. In this case, will be submitted to arbitration center that the parties agree and be bound now to comply with the arbitral decision in the case by opting for the same.
CAUTION: These General Terms and Conditions have been made on 18 / 05/2016. Any future changes therein shall not affect the services contracted prior to changing conditions, except for the modifications set forth in the fifth clause of this agreement.
For any questions regarding the Terms of our products and services offered in our website, please contact us at the address and phone number listed above.