GIGAS HOSTING, S.A., with taxpayer identification number (NIF) A-86125218 and registered address, and address for notification purposes, at Avenida de Fuencarral 44, Edificio GIGAS, Planta 1, 28108 Alcobendas (Madrid), is duly incorporated and on file at the Madrid Companies Register, at Volume 25,591, Folio 55, Section 8, Page M-253723 (“GIGAS”), offers Users of the www.gigas.com website (the “Website”) the possibility of subscribing to certain services, under the same terms and conditions of the Website (the “Service”).
The purpose of these general terms and conditions (the “GENERAL TERMS AND CONDITIONS”) is to govern the manner in which the Service will be provided by GIGAS to the CLIENT and, where appropriate, any supplementary services GIGAS' client (the “CLIENT”) maybe subscribe to at any given time. The Service covered by these GENERAL TERMS AND CONDITIONS must be provided subject to the legal regime set forth herein and in the applicable laws and regulations.
Subscription to the Service is by the CLIENT as a business and/or professional entity and in no case as a consumer, as expressly stated by the CLIENT by accepting these GENERAL TERMS AND CONDITIONS, unless otherwise agreed in writing between the parties. The relationship between GIGAS and the CLIENT shall in no case apply, nor shall the CLIENT be covered by applicable consumer legislation.
GIGAS may provide the Service through its own network, infrastructure or technology or over those of a third party connectivity, transport or technology provider, and may be provided jointly or separately, depending on the terms and extent of the Service subscribed to by the CLIENT in each specific case.
The CLIENT undertakes to use the Service in accordance with the law, these GENERAL TERMS AND CONDITIONS, the OFFER, the Agreement, honourable conduct, generally accepted good practices, public order and, in general, in accordance with the purpose for which it is provided by GIGAS.
The CLIENT undertakes not to use the Service for unlawful purposes or purposes that may harm the rights of third parties or GIGAS or that may in any way damage, harm or work to the detriment of the Service, the property or the reputation of GIGAS or third parties.
The CLIENT may not commercially exploit the Service and obtain an economic return directly or indirectly from the resale of the Service that forms the subject matter of the Agreement and of these GENERAL TERMS AND CONDITIONS, or of any of the capabilities or functionalities of the Service.
If the CLIENT does make any of the above uses of the Service, GIGAS will be entitled to conduct any of the actions set forth in Clause 8 of these GENERAL TERMS AND CONDITIONS, without prejudice to any other actions to which it may be entitled.
The Agreement of which these GENERAL TERMS AND CONDITIONS form part will take effect on the date on which GIGAS activates the Service (the "Service Activation Date") and will run for the duration set forth in the OFFER, which form part of this Agreement. However, as the case may be, the Agreement may be terminated for the reasons and under the terms set forth in Clause 14 of these GENERAL TERMS AND CONDITIONS.
The Service provided will attract the rates and discounts in effect at any given time according to the type of service and/or product chosen by the CLIENT. The taxes in force at any given time will apply to these rates.
The economic terms and conditions established in this Agreement are incompatible with any promotion, discount or other rate that may be published by GIGAS, now or in future, unless otherwise expressly stipulated therein.
The Parties agree that during the term of the Agreement the Charges for the Services must be revised each year (upward or downward) in accordance with the variation of the Spanish General Consumer Price Index (CPI) for the previous calendar year and with the indices established by the Instituto Nacional de Estadística (Spanish National Institute of Statistics) or such agency as may replace it for the whole of Spain. If the final indices have not been published by the date on which the review may take place, the provisional indices may be applied if they are known or, failing this, those of the previous year must be taken into account until the provisional indices are known.
Without prejudice to any other billing and payment terms that may apply to the Service under the Agreement (and that may include, inter alia and as the case may be, payments by credit card, payments for use of the Service, etc.), in general, the CLIENT shall pay the price of the Service on a monthly basis as provided in this Clause.
The CLIENT shall pay GIGAS the registration fees and monthly subscription fees set out in the OFFER, as the case may be, monthly and in advance.
If the CLIENT is a self-employed worker, payments must be made before the 15th day of the month following the month in which such charges were made, by direct debit to the CLIENT’s bank account designated for such purpose.
If the CLIENT is a company, payments must be made within a maximum period of thirty (30) days from the date on which GIGAS issues the invoice, by means of direct debit to the CLIENT’s bank account designated for such purpose.
GIGAS shall send or make available to the CLIENT an invoice for the amount due for the Service according to the terms agreed in the Offer. Moreover, if part of the Service, the CLIENT will be entitled to obtain a specific breakdown of the any supplementary services subscribed to in addition to the fixed telephone service and the Internet access service. The CLIENT may also request that GIGAS send to the CLIENT separate invoices for premium rate services, in which event GIGAS shall state on the invoice as separate items the fixed telephone service and the premium rate service, identifying the relevant service provider or, if not known to GIGAS, identifying the relevant network operator.
Notwithstanding the foregoing, when the total charges invoiced by GIGAS to the CLIENT do not reach the amount of fifteen euros and three euro cents (€15.03), taxes not included, GIGAS may roll over the amount to the invoice of the following month until the total of the invoiced charges reaches such limit, and so on successively.
The invoice must show a breakdown of the charges for use of the Service, which will be composed of the charges incurred by the CLIENT, including, if applicable, registration fees, monthly fees for the following billing period and usage charges for the ended period, in accordance with the prices in effect at that time, and, if applicable, any discounts and promotions applicable to the CLIENT.
If the CLIENT is late in full or partial payment of the amounts of any invoice, such amounts will be deemed overdue debt. GIGAS may therefore take such actions for non-payment as it deems fit and charge interest for late payment at a rate equivalent to the statutory interest rate increased by two (2) percentage points. If the Service subscriber and the party responsible for payment are not the same, GIGAS may proceed interchangeably against either to recover the total or partial non-payment of an invoice.
GIGAS may set a credit limit for the CLIENT when, on reasonable grounds and at GIGAS's sole discretion, GIGAS deems it appropriate, and may invoice, and demand collection of, any amount that exceeds such limit without having to wait for the end of the billing period set forth in this Agreement.
GIGAS may request the posting of collateral in accordance with the laws and regulations in force at any time in the following events:
GIGAS shall grant the CLIENT a term of fifteen (15) calendar days to post the collateral. Once this term has elapsed, if any non-payment or delay in payment occurs, GIGAS may suspend the Service. Moreover, GIGAS may terminate the CLIENT’s subscription and the Service, with no right accruing to any compensation from GIGAS, if, after a further period of ten (10) days after a second request, the collateral is not posted.
The collateral will not bear interest and must be refunded when the grounds giving rise to it no longer apply. The posted collateral is exempt from IVA (value-added tax: IGIC in the Canary Islands and IPSI in Ceuta and Melilla).
Any delay in full or partial payment by the CLIENT for a period of more than one month from the presentation of the relevant invoice for collection will entitle GIGAS to temporarily suspend the Service, with prior notice to the CLIENT five (5) business days in advance. GIGAS may demand from the CLIENT the late payment interest stipulated in Clause 5 above.
GIGAS reserves the right to make the continuity of the provision of the Service subject to the CLIENT's prior compliance with the terms of Clause 5 in relation to the CLIENT’s payment obligations for the Service.
For suspension of the Service as a consequence of non-payment by the CLIENT, GIGAS shall notify such suspension to the CLIENT at least five (5) days prior to the date on which such suspension is to take place. Non-payment for the main Service will entail suspension of all supplementary services subscribed to under the Agreement. The CLIENT shall refrain from any action that implies a use of the Service or of any related service provided by GIGAS that is not contemplated under the Agreement. GIGAS may immediately suspend the Service without notice in the event of breach by the CLIENT of this obligation. The CLIENT will be liable for any fraudulent activity carried out on the Service that causes or may cause damage or detriment to GIGAS or third parties.
If, in GIGAS' sole judgement, a negligent or fraudulent act or omission of the CLIENT or, in general, an improper or disallowed use of the Service affects or may affect the correct operation or security of the Service or the network, equipment or infrastructure through which GIGAS provides the Service, GIGAS reserves the right to suspend or discontinue the Service immediately, temporarily or finally, with no right accruing to the CLIENT to receive any kind of indemnity or compensation and without prejudice to GIGAS' right to take any action it may be entitled to in defence of its interests.
If the CLIENT has a complaint about the provision of the Service, the CLIENT should approach the Client Service Department by writing to the registered office of GIGAS at Avenida de Fuencarral 44, Edificio GIGAS, Planta 1, 28108 Alcobendas, by telephone at 900247000, or by e-mail to the address clientes@gigas.com, within one month from the date of awareness of the event giving rise to the complaint
GIGAS shall communicate to the CLIENT the reference number assigned to the claim or complaint raised or incident reported by the CLIENT. The CLIENT may request supporting evidence of the presentation and content of the CLIENT’s complaint.
The making of a complaint by the CLIENT does not have the effect of suspending payment of bills issued by GIGAS within the contractually agreed time limits.
The estimated time limit for the Service becoming available will be as indicated in the Offer, provided that a force majeure event does not occur that prevents the operation or installation of the Service and provided that the CLIENT has provided all the necessary technical and operational information and, likewise, has allowed performance of the joint operation tests. If the CLIENT does not communicate to GIGAS any dispute or complaint within a period of five (5) calendar days from the Service Activation Date, the CLIENT will be deemed to have silently accepted and fully agreed with the installation, implementation or any other work done for the start-up and provision of the Service.
GIGAS will not be responsible for Service downtime if caused by: (i) breach of the Agreement by the CLIENT and, in particular but not exclusively, of these GENERAL TERMS AND CONDITIONS, in particular in event of fraud or default in payment, which will give rise to the application of the provisions for the temporary suspension or discontinuation of the Service; (ii) damage caused to the network through which the Service is provided due to connection by the CLIENT of terminals the compatibility of which has not been assessed in accordance with the laws and regulations in force or not approved by GIGAS; (iii) government or court order; (iv) power outage; (v) misuse by the CLIENT of the Equipment leased by GIGAS; or (vi) network maintenance operations.
For the above purposes, the duration of Service downtime will be calculated either from the moment the failure notice is received, or from the moment GIGAS logs the incident causing the total or partial Service downtime, to the moment when the Service is restored.
The CLIENT shall notify GIGAS using the Client Service telephone number, immediately upon becoming aware, of any faults detected in the Service.
Repair costs must be borne by GIGAS, provided that the fault is not attributable to the CLIENT due to negligent use or maintenance or malicious or negligent actions on the network over which the Service is provided or on its equipment or, in general, due to improper use of the Service.
GIGAS will be liable to the CLIENT for the proper performance of its obligations under the Agreement within the limits stipulated in these GENERAL TERMS AND CONDITIONS and in the applicable laws and regulations. GIGAS will be exempt from liability in any of the following circumstances: a) the defects observed in the performance of the Agreement are attributable to the CLIENT; b) such defects are attributable to a third party not involved in the supply of the services under the Agreement and are unforeseeable or insurmountable; c) the defects are due to force majeure, defined as abnormal and unforeseeable circumstances beyond the control of the party invoking them, the consequences of which could not have been avoided, despite such party having acted with due diligence; d) the defects are due to an event that GIGAS, in spite of having acted diligently, could not foresee, avoid or overcome. Compensation for damages resulting from non-performance or poor performance of the services under in this Agreement will be limited to the total price of the Service subscribed to.
GIGAS shall adopt the measures prescribed by the laws and regulations in force to assure the secrecy of communications throughout its network. GIGAS is exempt from liability if such communications were revealed to third parties for reasons not directly attributable to GIGAS.
The Agreement or, as the case may be, a specific Offer, will be terminated, with the consequent final discontinuation of the Service, for the general reasons admitted in law and, especially, but not limited to, for the following reasons:
GIGAS may modify this Agreement for the following reasons: (i) changes in the technical characteristics of the equipment or networks, (ii) technological changes affecting the Service, (iii) changes in the economic conditions existing at the time of subscription to the Service, (iv) market changes and/or (v) any other circumstance that GIGAS considers appropriate. GIGAS shall notify the CLIENT one (1) month prior to the date on which the modification is to become effective. In such events, the CLIENT may terminate the Agreement without penalty, while any other commitments made by the CLIENT will remain intact.
Identity of the controller of personal data: GIGAS HOSTING, S.A. (GIGAS), Avenida de Fuencarral 44, Edificio GIGAS, Planta 1, 28108, Alcobendas, holder of taxpayer identification number (NIF) A-82581638 and registered with the Companies Registry of Madrid at Volume 25,925, Folio 136, Section 8, Page M-253723.
If the CLIENT is a corporation, GIGAS shall process such data of its representative as is strictly necessary for the maintenance, performance and monitoring of the Services rendered under the Agreement. The lawful basis for such processing is the fulfilment of the contractual relationship. The CLIENT's representative’s data will be retained for as long as such relationship remains in effect and, once it is terminated, until any liabilities arising from it expire. The data of the signatory of the Agreement may be communicated to government bodies in the events provided for by law, and to the Spanish police forces and the Spanish National Intelligence Centre by virtue of Ley 25/2007 de 18 de octubre, on the retention of data relating to electronic communications and public communications networks. The signatory of the Agreement may request access to his/her personal data, and rectification, erasure or portability of the data, and may request the restriction of the processing or object to it, by writing, with an enclosed photocopy of his/her ID card or valid identity document, to the following address: GIGAS, Client Service Department, Avenida de Fuencarral 44, Edificio GIGAS, Planta 1 28108, Alcobendas. The envelope should bear the legend “Data Protection”. Alternatively, the data subject may contact the Data Protection Officer of GIGAS HOSTING, S.A., by writing to the e-mail address dpo.gigas@gigas.com or calling the telephone number 902877192.
If the CLIENT is an individual, the terms and conditions set forth in GIGAS' Data Protection Policy apply. The Policy is available at: Privacy Policy
If as a result of the provision of the Service under this Agreement GIGAS must act as processor with respect to personal data for which the CLIENT is the controller, the parties expressly agree to submit to the terms conditions of the data processing engagement, which, in compliance with applicable regulations, is set out in Appendix 5 to this Agreement.
If in the context of the Services GIGAS provides the CLIENT with a free basic firewall, it will be the responsibility of the CLIENT to configure basic firewall functionalities on its Cloud Servers so as to manage access to the Service from different locations. Configuration of the firewall is fully customisable by the CLIENT, so GIGAS is not responsible for the proper operation of the firewall.
If the Service includes a Fortinet Advanced Firewall, the CLIENT states that it is aware that the licences for the firewall are annual, so the subscription has a minimum duration of one (1) year, with successive annual renewals, until cancelled. The renewal costs of this service may vary. GIGAS shall notify the CLIENT of such changes in advance, and the CLIENT may choose not to renew the specific service without penalty. If such service is cancelled for any reason before the end of the subscription period in effect, the CLIENT will be bound to pay the remaining monthly fees to GIGAS until the end of the unelapsed subscription period.
GIGAS is expressly exempted from any liability that might arise from the content hosted or transmitted by the CLIENT and/or by third parties using the Service. The CLIENT shall fully assume all civil, criminal or any other manner of liability that may arise in relation to such content and/or, in general, from the use of GIGAS' Service. GIGAS reserves the right to suspend or finally cancel the Service if it detects any activity contrary to the law, morality or public order in relation to such content and/or the use of the Service. GIGAS will give notice to the relevant authorities and make available the CLIENT's data as requested by the judicial or government authority, with no right to compensation accruing to the CLIENT.
The CLIENT is solely and exclusively responsible for the safe custody of passwords created to access its administration area of the Service to prevent access by any unauthorised third party.
The CLIENT must have original software licences as necessary for the provision of the Service by GIGAS. GIGAS may at any time request that the CLIENT prove its ownership of such licences. GIGAS is not responsible for the consequences that breach of this obligation by the CLIENT could create facing third parties. In this regard, the CLIENT shall take into account that, although not all software requires a licence, it is possible that the software that the CLIENT wishes to install using the Service does require an original licence. The CLIENT assumes responsibility for having its software properly licensed in accordance with the requirements of each supplier and for complying with the respective agreements and/or conditions of use. The CLIENT shall defend and hold GIGAS harmless against any claim, complaint, fine, sanction and/or third party action arising from the CLIENT's breach of its obligations under this Clause.
Each of the parties acknowledges the other party’s ownership or the relevant third party’s ownership with respect to all its intellectual and industrial property rights and other analogous rights in and over elements, technology, know-how, trademarks, logos and any other proprietary element, creation, invention or distinctive sign.
The CLIENT, by virtue of the specific terms and conditions of the subscribed products, will not acquire absolutely any right or licence regarding the subscribed product or service, nor in or over the technical information for monitoring the service, except the rights and licences necessary for compliance with such contractual conditions and only during the term of effect of the conditions.
The CLIENT shall respect the third party software made available by GIGAS, even if free of charge, and shall refrain from any use or access not expressly authorised by GIGAS.
In relation to software licences and other intellectual/industrial property rights that the CLIENT may need to acquire through GIGAS, the CLIENT acknowledges the ownership of the respective manufacturers and/or suppliers over all intellectual property rights that they may hold over the same and undertakes to observe the terms of such licences and to be responsible for the peaceful use of those elements.
The CLIENT shall cooperate with GIGAS if the latter is required by the licensor of the software licences used in the services engaged from GIGAS to prove authorised use of such licences. The CLIENT shall immediately provide GIGAS, or an auditor designated by GIGAS or by the licensor, with all the information requested in order to verify the use of such licences, and shall provide access to all the servers running the software products that the CLIENT hosts, sub-licenses, distributes or manages on behalf of third parties.
If it were found that unlicensed use of software was made, the CLIENT shall pay to GIGAS or to the licensor, as applicable, 125% of the then current price for each unpaid licence. Such undisclosed use will be deemed to have started at the beginning of the relationship between GIGAS and the CLIENT, unless the CLIENT can prove a different scope of use and duration.
For Microsoft software licences, the CLIENT undertakes expressly to accept and abide by the terms and conditions of the Microsoft End User License Agreement (EULA) in its English-language original. The CLIENT accordingly accepts the version in effect at the time of subscription to or renewal of the services, as the case may be, which is available at https://gigas.com/legal-terminos-microsoft.html, including the English-language original and a courtesy translation into Spanish. In the event of any dispute as to the interpretation of the agreement, the original English-language version prevails. Absence or unavailability of the translation referred to above does not prevent the CLIENT's acceptance of being bound by such licence agreement on the terms set out here.
The CLIENT expressly states that (a) the funds used in the transactions under this Agreement are not the proceeds of nor are to be used to engage in any unlawful activity; (b) it complies with the general and particular rules on control and prevention of money laundering; (c) it has adopted measures, codes of conduct and other requirements for the prevention of money laundering and terrorist financing; (d) in the course of the activity under this Agreement, the CLIENT shall use all efforts to strictly comply with all the rules of precaution and prevention of money laundering and terrorist financing; and (e) the CLIENT shall maintain documentary records of all the rules, procedures and manuals that it creates internally for the prevention and control of money laundering to perform the above obligations.
The Parties acknowledge that this Agreement is entered into in reliance on the above statements and, if either of the Parties becomes aware by any means that any such statement has ceased to be valid with respect to the other Party, or if a Party refuses to provide a statement of similar import regarding new courses of conduct codified as unlawful, then the interested Party will be deemed to be entitled to immediately and unilaterally terminate this Agreement for just cause, and no indemnification will be payable.
For the purposes of this Clause, provision of the Service by GIGAS using networks, infrastructure, technologies or services of third parties will not be deemed a transfer of the Agreement to such third parties.
These GENERAL TERMS AND CONDITIONS will be governed by and construed in accordance with Spanish law.
Electronic contracts between entrepreneurs or professionals, in the absence of an agreement between the parties, shall be presumed to have been entered into in the location where the service provider is established.
Online dispute resolution in accordance with Article 14.1 of Regulation (EU) 524/2013: The European Commission provides an online dispute resolution platform, which is available at the following link: https://ec.europa.eu/consumers/odr/
The parties agree that any litigation, dispute, issue or claim as to the existence, validity, performance or interpretation of this Agreement will be subject to the jurisdiction of the courts of the city of Madrid, expressly waiving any other jurisdiction to which they may be entitled.
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