General terms and conditions in contracting MaadiX services
Version date: 11/08/2017
The following agreement regulates the terms and conditions of the provision of services through this website, by and between MaadixZone, henceforth referred to as MAADIX, with registered domicile at Calle Bejar 20, 4º, 2ª, 08014 Barcelona, Spain NIF [Spanish Tax Number] B66869249 and registered in the Companies Registry of Barcelona,Volume 45650, Folio 175, Sheet 494628, Registration 1, and any natural or legal person, individual or professional, hereinafter referred to as the CLIENT, wishing to contract one or more of the services provided by MAADIX.
CLAUSE 1: PURPOSE
The purpose of this agreement is to define the legal, technical and economic conditions governing the service provision agreements between MAADIX and the CLIENT.
These general service conditions apply to all services specifically included on the maadix.net website that are offered by MAADIX and contracted by the CLIENT.
The services provided are categorised as:
1. VPS Hosting: Configuration and installation of the MaadiX system and the software chosen by the CLIENT on a server provided by MAADIX. The hardware that MAADIX makes available for this service is located in data processing centres owned by third-party professional companies in the sector that are hired by MAADIX in order to provide the CLIENT with services.
2. MaadixConfig: Configuration and installation of the MaadiX system and the software chosen by the CLIENT on a server not provided by MAADIX.
The term of the contract varies depending on the service chosen by the customer and is renewed automatically, under the same terms and conditions, upon each payment made by the CLIENT to renew the service.
PRICING General rates are available on the maadix.net website.
The CLIENT and MAADIX may occasionally agree rates for special services that do not appear among those offered by MAADIX on the website.
MAADIX reserves the right to modify these rates at any time. Any changes to rates may not be retroactive and will apply only after the next renewal of the agreement. MAADIX is obliged to notify the CLIENT of changes to rates, and the CLIENT is free to accept or discontinue the service.
CLAUSE 2: OBLIGATIONS OF MAADIX
MADDIX undertakes to make the services contracted available to the CLIENT in the shortest possible time. It is estimated that this process may take from 30 minutes to 96 hours from actual payment of the order by the CLIENT.
If MAADIX has not made the service available to the CLIENT within a maximum period of 96 hours, the CLIENT shall have the right to terminate the contract and receive a reimbursement of the entire sum paid.
The CLIENT will receive all the technical information necessary to access the service contracted.
In accordance with Spanish Law on Information Society Services and eCommerce, MAADIX will be obliged to suspend the contracted service when so requested by a competent judicial body.
MAADIX provides the CLIENT with a set of technical information and guides to facilitate use of the tools, as well as a contact for technical support.
MAADIX is obliged to notify the CLIENT of any changes to the general terms and conditions of the service. The CLIENT reserves the right to immediately terminate the contract in the event that he/she is not in agreement with said modifications.
CLAUSE 3: LIABILITY OF MAADIX
MAADIX undertakes to perform maintenance, updates and improvements of the infrastructure. If such interventions imply a temporary interruption of the service, MAADIX undertakes to notify the CLIENT.
In no case may the CLIENT claim any compensation for direct or indirect losses, personal or commercial, arising from such an interruption.
MAADIX is not liable for any damage to hardware in any of the services offered.
In the case of the Hosting VPS service, MAADIX will make use of any and all guarantees offered by the company that owns the data processing centre in the CLIENT’s favour.
In no case may the CLIENT hold MAADIX liable in case of fire, explosion, failure of the data transmission networks, collapse of the installations, epidemic, earthquake, flood, blackout, war, strike, boycott or any other circumstance of force majeure.
MAADIX is not responsible for any misuse by the CLIENT of the services offered, who will not be entitled to any compensation in the event of having acted negligently. MAADIX strongly recommends changing all passwords, and is not responsible for the security of the passwords chosen by the CLIENT or their storage.
MAADIX is not liable for any damages caused by the failure, negligence or omission of third parties over which MAADIX has no power of control or surveillance.
It is the responsibility of the CLIENT to take all necessary measures to safeguard the integrity of his/her data. MAADIX does not perform, and is not responsible for, creating backups of the CLIENT’s data.
MAADIX is not responsible for the total or partial destruction of information sent or stored as a result of errors directly or indirectly attributable to the CLIENT or his/her collaborators. In case of failure of the service due to a fault on the part of MAADIX, the parties agree to the express exclusion of claims for indirect damages such as loss of business, loss of orders, loss of profits and loss of customers.
In all cases, the sum of the damages and interest that may be claimed from MAADIX in case of breach on their part shall be limited to the amount paid by the CLIENT to MAADIX for the period in question or invoiced to the CLIENT by MAADIX, or to the part of the sums paid corresponding to the provision of the services in which there has been a breach by MAADIX.
CLAUSE 4: CUSTOMER OBLIGATIONS AND RESPONSIBILITIES
The CLIENT undertakes to communicate to MAADIX, when creating his/her client account and in each subsequent modification thereof, his/her exact and up-to-date contact information, such that MAADIX can establish a channel of communication with the CLIENT.
The CLIENT is solely responsible for the passwords necessary for the use of services, as well as storage thereof.
The CLIENT shall fully assume the consequences in case of loss or theft of their passwords.
The CLIENT is responsible for the contents published on the servers contracted, as well as for the communications carried out through them. For this reason, the CLIENT undertakes to make responsible use of said servers and assumes all responsibilities and liability derived from publications thereon.
CLAUSE 5: SUSPENSION OF SERVICES
The contract is void upon expiry. It can be renewed by the CLIENT via the maadix.net website by means of payment of the corresponding fee.
MAADIX undertakes to send to the CLIENT a minimum of two notices as a reminder prior to expiration of the contract, as well as a notification upon expiry. In case of non-response by the CLIENT within 7 days of the expiration of the contract, MAADIX considers the contract null and void and resolved.
CLAUSE 6: PERSONAL DATA
In accordance with Spanish Organic Law 15/1999 of 13 December on the Protection of Personal Data (LOPD), the data provided by the CLIENT will be included in an automated file, legally registered with the General Registry of the Spanish Agency for the Protection of Data as of 08/09/2017 with registration number 286441/2017, which will be processed exclusively to perform the functions essential to the provision of service.
Personal data will be treated with the appropriate degree of protection, in accordance with current legislation, with the necessary security measures being taken to avoid its alteration, loss and unauthorised treatment or access by third parties. In no case is there any policy of transferring personal data to third parties.
MAADIX will not be able to access the data that the client stores in its server, unless the CLIENT requests an explicit intervention and provides an access route.