Service provision contract

GIGAS HOSTING, S.A. SERVICE PROVISION CONTRACT

This Service Provision Contract (hereinafter, the “Contract”) defines the relations between Gigas Hosting, S.A. (hereinafter “Gigas”) and any natural or legal persons expressing their wish to hire the services governed by these terms and conditions through a request forwarded online to the Gigas website, gigas.com, (hereinafter, the “CLIENT”).

Gigas Hosting, S.A. is a trading company whose C.I.F. [Spanish tax ID number] is A-86.125.218 and registered head office is located in Avenida de Fuencarral, 44, Edificio Gigas, 28108 Alcobendas (Madrid). It was registered on 28 February 2011 in the Madrid Companies Registry, in volume 28591, book 0, page 55, section 8, Sheet M-514.768, entry nº 1.

1.- ACCEPTANCE OF THE TERMS AND CONDITIONS OF THE SERVICE PROVISION CONTRACT:

By forwarding a request to the Gigas website for the hire of any of the products on offer, applicants become Gigas CLIENTS and are deemed to fully and expressly accept the terms and conditions of this Contract. This acceptance authorises Gigas to carry out the necessary payment-collection operations that enable CLIENTS to receive the services and products they have requested through the method of payment that they themselves have chosen in their request.

Gigas reserves the right to unilaterally amend or replace the terms and conditions of the Contract, in which case CLIENTS will be notified of this by email ten days in advance.

In addition to being on permanent display on the Gigas website, gigas.com, these documents may be requested by CLIENTS at any time, by sending an email to support@gigas.com or telephoning +34 91 141 96 00.

2.- PURPOSE OF THE CONTRACT:

The purpose of this Contract is to set forth the terms and conditions under which Gigas will provide the services hired by the CLIENT as well as the use of the services and the payments to be made by the CLIENT to Gigas for the same.

The services supplied to the CLIENT may be replaced or changed by Gigas at any time, provided that the CLIENT is given advance notice and equipment with features that are either similar to or better than the one originally hired.

3.- HIRING:

3.1. Request details:

THE CLIENT undertakes to ensure that all the information they provide to the Gigas website, for registration as a user and the hiring any of the services, is true and accurate. THE CLIENT likewise undertakes to amend any of the above-mentioned information, where necessary, so that Gigas is able to supply the services hired and receive its payments correctly, in which case the CLIENT shall contact Gigas or amend the information in the Control Panel they will be able to access through their user ID and password.

3.2. Acceptance and refusal:

Once the service is in operation or the CLIENT receives confirmation of acceptance, the contract shall be deemed to have been accepted. Should Gigas, for any reason, turn down a request, it will notify the applicant of this, sending the reasons for its refusal to any of the addresses the applicant has stated in their request.

3.3. Formalisation of the contract:

The CLIENT shall choose the service with the features and duration that best meets their needs, which, under the terms and conditions set out herein, shall formalise the Contract between Gigas and the CLIENT.

4.- TYPES OF SERVICES HIRED:

Owing to the fact that the service is completely flexible and adaptable to the CLIENT's needs at all times, it shall be the CLIENT who shall configure the service under the parameters stated for each service hired on gigas.com and specifically using the Control Panel for the service hired.

4.1. Special features of the Cloud VPS and Cloud Datacenter services:

Owing to the fact that the service is completely flexible and adaptable to the CLIENT's needs at all times, it shall be the CLIENT who shall configure the service under the parameters stated for each service hired on gigas.com and specifically using the Control Panel for the service hired.

4.2. Additional services:

Gigas offers the CLIENT a whole range of additional services, at an extra cost or free of charge, the features of which are described on the Gigas website, gigas.com. CLIENTS that purchase any version of Cloud VPS or Cloud Datacenter will be offered a basic firewall with limited functions for each Cloud Server they create and Cloud Datacenter products will also include a weekly basic back-up.

4.2.1. Firewall:

Gigas provides a free firewall in all its Cloud VPS and Cloud Datacenter products. Thanks to this firewall the CLIENT will be able to configure basic firewall functions on all their Cloud Servers and manage access to their services from several sources. The firewall settings are completely customisable by the CLIENT, which is why Gigas shall not be responsible for the running of the firewall.

4.2.2. Back-up:

Gigas offers a free back-up system included in all its Cloud Datacenter products. Once activated, this back-up system enables each of the CLIENT's Cloud Servers to be included in the final back-up policy. The back-up solution included in the service has limited functions, which is why Gigas shall not be held liable for the running of that system and recommends the use of additional back-up systems.

4.3. Service availability:

Once the request has been made by the CLIENT and the payment of the service confirmed by Gigas, the CLIENT must wait for confirmation that the service has been effectively implemented and activated. That confirmation such be made by email sent to the email address registered by the CLIENT.

4.4. Restrictions:

4.4.1. Technical and legal restrictions:

Certain restrictions apply, both technical and legal, and all illegal activity or activities that involve an abuse of the servers or resources put at CLIENT's disposal by Gigas are prohibited; including, but not limited to, the sending of mass emails, spamming or the establishment of file-exchange networks. Any abuse and/or illegal use of these resources shall lead to the immediate cancellation of the services hired.

By the same token, the CLIENT acknowledges the limits of the hosting and transfer capacities of the plan they have contracted and declares that they shall adapt their storage and transfer needs to said plan.

4.4.2.- Security restrictions:

Gigas reserves the right to prevent certain IPs from gaining access to the CLIENT's server as well as any services that Gigas considers capable of temporarily or permanently compromising the security, integrity or correct functioning of the Gigas network.

5.- GIGAS' RIGHTS AND OBLIGATIONS:

5.1. Service Provision:

Gigas undertakes to provide the services hired by the CLIENT, under the General Terms and Conditions of Hire, to manage the hardware and replace all necessary elements of that hardware to ensure the service runs correctly.

Gigas shall likewise install the software and computer programmes hired by the CLIENT and owned by Gigas, but shall under no circumstances be responsible for the running of the programmes or the websites installed by the CLIENT on the server. It shall be the CLIENT's responsibility to update the software in the way and time they deem fit.

Gigas shall be subject to strict liability according to the provisions of these General Terms and Conditions of Hire and where it fails to provide the CLIENT with an adequate service, such liability shall be confined to refunding payments in proportion to the time elapsed during which the CLIENT did not receive a satisfactory service.

5.2. Interruption of the service:

Gigas reserves the right to interrupt the service in order to carry out any improvements, maintenance operations and/or restructuring measures that it deems necessary to ensure the best operation of the services it offers. Gigas undertakes, insofar as this is possible, to communicate to any such interruptions to the CLIENT as soon as it can and to do its utmost to ensure such interruptions are as brief as possible and cause minimum inconvenience to the CLIENT.

5.3. Technical support and client care:

Gigas provides free technical support and care to its clients through emails, chats or telephone calls to the toll-free number 900 247 000. Instructions for accessing any of these support media are clearly indicated on the Gigas website, gigas.com, and on the CLIENT's Control Panel. This service is available 24/7 (i.e. 24 hours a day, every day of the year).

5.4. Price increases:

Gigas reserves the right to raise the prices of its services where the CLIENT has contracted a monthly-payment plan, giving forty five (45) days' advance notice before it applies such a price rise. If the plan contracted by the CLIENT has a quarterly, six-monthly or annual payment period, Gigas shall be able to raise the price of its services as from the beginning of the following payment period, provided that at least forty five (45) days have lapsed since the notice of the price increase was given.

5.5. Gigas' Liability:

Gigas shall not be liable for any unavailability of or malfunction in the hired service caused by the CLIENT's connection problems or by general problems on the Internet or by any acts of God or force majeure or as a result of any reasons that could not have been foreseen beyond Gigas' good faith or which arise from the CLIENT's own actions or from the CLIENT's inefficient or malicious usage. The CLIENT expressly waives any liability claim for any possible damage or harm caused by any negligence or fault on the CLIENT's part and that such liability shall in any case be confined to a refund of the proportional amount paid by the CLIENT for the period during which they had not received the service hired.

Gigas will not accept any liability arising from the misuse, or unlicensed use, of a program or software of a third party that requires said license.

It shall be the exclusive responsibility of each party to take out the corresponding insurance policies for indemnifying any possible liabilities that may arise from the General Terms and Conditions of Hire and their breach.

6.- CLIENT's rights and obligations:

6.1. Use of the services:

The CLIENT shall be entitled to receive and use the contracted services under the terms and conditions described herein and with the features listed on the Gigas website, gigas.com.

6.2. Payment for the services hired:

The CLIENT shall pay the amount for the services hired from Gigas corresponding to the service and plan contracted and which are displayed in detail on the Gigas website, gigas.com. These prices do not include the VAT that applies at any time or any other tax that may apply at any time and which shall be added to the total amount of the invoice for the service contracted.

All services must be paid for in advance and Gigas shall not carry out any action relating to provision of services until payment has been reliably confirmed.

The service is understood to be monthly renewed unless express statement to that effect. If the customer fails to pay, we will understand that the service will not be renewed and Gigas will cease its service, at any time the nonpayment may occur. If the client does not wish to continue with the service but the contract is still in force, he/she shall not be entitled to a refund of any amount.

6.2.1. Advanced Firewall Fortinet

Fortinet provides annual licences for our Advanced Firewall and therefore this product carries an annual minimum tenure of one year. Your contract will renew automatically, on your annual renewal date, until you cancel. Renewal rates are subject to change, but Gigas will always notify its clients beforehand. In case of cancellation, you’ll be charged your entire remaining contract obligation, until the following renewal date.

6.3. Cancellation of the service:

The CLIENT may request cancellation of the service cancellation at any such time they wish. The service will be cancelled as soon as the last period contracted has expired, unless the CLIENT expressly requests immediate cancellation. In neither case shall there be a refund of any of the amounts paid up to the cancellation date.

The CLIENT acknowledges that such a cancellation implies a complete and permanent deletion of all their data and information hosted by Gigas.

6.4. Money-back guarantee:

The CLIENT may request a refund of the amount paid and the cancellation of the service, within a period of seven (7) days as from the hiring of the service, should they not be satisfied with the service for any reason. Provided that it confirms that reasonable use has been made of the service and that it is the first time that the refund has been requested, Gigas will then proceed to cancel the service and refund the amount paid by the CLIENT as soon as possible and in the form of payment it deems appropriate. The refund will be free of charge for the CLIENT.

6.5. Contents:

Gigas shall be expressly exempt from any type of liability that may arise from any contents hosted by the CLIENT in the products contracted and the CLIENT shall accept liability for any civil, criminal or other type of proceedings. Gigas reserves the right to suspend or permanently cancel the service contracted by the CLIENT, should it reliably detect any form of activity that goes against the Law and to notify the corresponding authorities in that event and put all the CLIENT's information they require at the disposal of the court authorities.

6.6. Usernames and passwords:

The CLIENT is responsible for safekeeping the usernames and passwords they have created for accessing the administration area of the service hired in order to prevent any unauthorised third party from gaining access to these private areas.

7.- Invoicing:

7.1. Invoicing cycles and automatic payments:

The services will be invoiced in advance, according to the invoicing cycle that is chosen by the CLIENT and which the latter will be able to choose when paying, under the options available to them at any time displayed on Gigas' website, gigas.com. The CLIENT will have access to their invoices in the repository they will find available to them on the user-Control Panel.

When the CLIENT purchases any Gigas service, they accept that, once the contracted period has lapsed, the contract will automatically be renewed for the equivalent term (see Clause 8.2) and that Gigas automatically charges for that period through the payment method that the CLIENT had chosen when hiring the service (Paypal, credit card or direct debit). Where an annual plan has been subscribed, the CLIENT will be able to opt for payment by bank transfer once the period contracted has expired.

The above notwithstanding, the CLIENT reserves the right to cancel the service at any time, as explained in Clause 6.3 in these terms and conditions.

8.2. Renovaciones:

The Contract shall be deemed to be automatically renewed for equivalent terms provided that neither of the parties has given express notice, sufficiently in advance, of opposition to the renewal and, in any case, before the expiry of the initial term or of any of its extensions.

7.3. Rejected and default on payments:

Gigas will contact the CLIENT by email or telephone, using their registered contact details, to inform them of any rejected payments for any of its invoices and to demand immediate payment. Gigas reserves the right to temporarily suspend the service until it has received payment for the outstanding amount and should the CLIENT ignore its notification of default on payment and fail to make good the amount required within a period of twenty (20) days, to cancel the service permanently, giving the CLIENT prior notice through any of the means of communication designated by the CLIENT on their CLIENT registration form. A rejected payment from the CLIENT for an invoice incurs costs which the CLIENT shall be invoiced for, at eight per cent (8%) of the amount of the unpaid invoice with a minimum charge of five (5) euros.

8.- Term of the Contract:

8.1. Entry into force:

The Contract shall come into force as soon as the CLIENT accepts the General Terms and Conditions of Hire on Gigas' website, gigas.com, and shall remain in effect until the period chosen by the CLIENT on entering into the contract has expired.

8.2. Renovaciones:

The Contract shall be deemed to be automatically renewed for equivalent terms provided that neither of the parties has given express notice, sufficiently in advance, of opposition to the renewal and, in any case, before the expiry of the initial term or of any of its extensions.

8.3. Termination:

These General Terms and Conditions of Hire shall cease to have effect for the reasons set out both in the Spanish Civil Code and in the Spanish Commercial Code and, more specifically, for the following reasons: (a) On the expiry of the contract term or any of its extensions; (b) by express mutual agreement between the parties in writing; and (c) by early termination of the General Terms and Conditions of Hire under the terms and conditions set forth in the following clause. In any event, the termination of the contractual relationship shall not exempt the parties from fulfilling their outstanding obligations.

8.4. Early termination:

The aforementioned capacity to terminate the contractual relationship notwithstanding, Gigas may withdraw or suspend its provision of services to the CLIENT at any time and without the need for prior notice, should it consider the CLIENT to have breached any of the obligations they have accepted under these General Terms and Conditions of Hire, and Gigas may require the CLIENT to pay for any damage and/or loss that may arise as a result of their breach.

9.- Personal data protection:

In accordance with prevailing laws and regulations on personal data protection, we notify you that your data will be entered in a processing system owned by GIGAS HOSTING, SA, holding tax identification number A86125218 and having its registered office at AVENIDA DE FUENCARRAL 44 EDIF 1 ALCOBENDAS, Spain, for the purposes of performance of the obligations under the agreement entered into between the parties. In compliance with prevailing laws and regulations, GIGAS HOSTING, SA gives notice that the data will be kept for the statutory period.

By means of this clause, you are given notice that your data will be shared, if necessary, with government authorities and any entity with which the data must be shared for the purpose of providing the service referred to above.

If the data are not shared with the entities referred to above, the services under this agreement cannot be provided.

You may contact the GIGAS HOSTING, SA Data Protection Officer by writing to dpo.cliente@conversia.es or calling 902877192.

GIGAS HOSTING, SA states that it will process the data legally, fairly, transparently, appropriately, relevantly, subject to limits, accurately and ensuring that all data are up to date. GIGAS HOSTING, SA therefore undertakes to take all reasonable steps for data to be erased or rectified without delay if they are inaccurate.

In accordance with the rights conferred on you by prevailing laws and regulations on data protection, you may exercise your rights of access, rectification, limitation of processing, erasure, portability and objection to processing of your personal data, and surrounding the consent given to their processing, by writing to the postal address indicated above.

You may approach the competent control authority to make any complaint you think fit. Finally, GIGAS HOSTING, SA informs you that with your acquisition you give your express consent to the processing of the data referred to above in accordance with the current legislation.

Following completion of the provision of the agreed services any personal data given by customers will be destroyed or returned by GIGAS, if not longer needed. Gigas ensures the utmost confidentiality and privacy of the personal data using security measures that prevent any unauthorised change, loss, processing or access and therefore guarantees their integrity and security. Nevertheless, Gigas shall not be liable for any incidents that may affect the CLIENT's personal data, where these result from an unauthorised attack on or access to the systems in a way that proves impossible for it to detect or prevent, despite having adopted the necessary measures given the technology currently available, or which arise from negligence on the part of the CLIENT.

10.- Transfer of the Contract and subcontracts:

The CLIENT may not transfer or subrogate all or part of this Contract in favour of third parties without Gigas' accredited consent. Gigas may transfer this Contract to third parties without being required to notify the CLIENT of this in advance. Likewise, where Gigas deems it fit, it may subcontract part or all of the services it supplies to the CLIENT to third parties it considers sufficiently competent for such work without compromising the service it undertakes to provide to the CLIENT.

11.- Gigas Registered Trademark:

Gigas is a registered trademark and any third-party use of this trademark by any means, including its name and/or logo, is strictly forbidden. Any copying of, communication of, distribution of and/or change to the gigas.com website, including its copyright-protected contents, designs and programmes, is expressly forbidden.

12.- Intellectual property:

12. 1. Each party must acknowledge the ownership of the other, or any other third party, with respect to all their intellectual and industrial property rights, and other similar rights regarding elements, technology, know-how, brands, logos and any other element, creation, invention or distinctive sign of their property.

13.- Legislation:

This Contract shall be construed and governed under Spanish Law. More specifically, its General Terms and Conditions of Hire shall be subject to: the provisions established in Law 7/1998, the General Terms and Conditions of Hire Act; current legislation that regulates Personal Data Proteccion, Law 3/2014 that modifies the Consumer and User Protection Act approved by Spanish Royal Decree 1/2007, Law 7/1996? the Retail Trade Regulations Act and any other legal provisions that may apply. Likewise, additional services that may be included in the services subject to these terms and conditions shall be governed by their specific terms and conditions as stated on the www.gigas.com hire of services webpage.

14.- Competent jurisdiction:

Gigas and the CLIENT shall submit to the Courts of Madrid, Spain, to resolve any disputes, and expressly waiving any other jurisdiction that may apply to them.