I. General Conditions
1. Purpose, modifications and benefits
1.1. These General Conditions, together with the Particular Conditions, the corresponding descriptions of benefits and the list of rates, which in each case are established, will regulate the provision by AREA PROJECT SOLUTIONS, SL (hereinafter AREAPROJECT) of accommodation services Web, domain name registration, servers, electronic messaging service, computer applications and tools (hereinafter, "the Services"), as well as other services that in the future may be offered to the CLIENT in exchange for the corresponding remuneration to be satisfied for this one. Said Services will confer on the CLIENT a right to use the products offered, subject to the terms, conditions and terms of these general conditions and the particular conditions that, where appropriate, are established.
1.2. These General Conditions will prevail over any general condition that the CLIENT may claim, unless expressly agreed to the contrary in which their acceptance by AREAPROJECT is recorded in writing.
1.3. These General Conditions will apply as long as they do not conflict with the Particular Conditions or Particular Conditions have not been provided.
2. Rights and obligations of the parties
a) CLIENT
2.1. The CLIENT will have the right to use the Service or Services contracted in accordance with the General and Particular Conditions that are agreed in each case.
2.2. The CLIENT must use the Service or Services contracted in accordance with the conditions agreed between the parties, current legislation and good faith.
2.3. The CUSTOMER must be of legal age, that is, over 18 years of age.
2.4. The CLIENT must pay the agreed remuneration for each Service or Services in the terms and forms contained in the Particular Conditions and price lists.
2.5. The CLIENT must provide AREAPROJECT with their correct and complete data. Therefore, it is obliged to inform AREAPROJECT immediately about any modification of the data provided and to confirm it again to AREAPROJECT, at its request, within 15 days from the date of the modification.
Unless otherwise agreed in the Particular Conditions, the following information must be provided: Full name, NIF / DNI / CIF, confirmation that the client is of legal age, address, e-mail address, telephone, the owner of the service, the payment information (either credit or debit card, bank account or paypal) and the owner of the payment information. In the event that the CLIENT is a legal person, its legal form will also be provided.
2.5.bis The CLIENT accepts that the email address provided by the CLIENT to AREAPROJECT, as contact information, is the means of receiving any communication from AREAPROJECT in relation to this contract and the obligations derived from it. Thus, AREAPROJECT will be deemed to comply with the obligation to inform the CLIENT when sending any relevant communication by email.
2.6. THE CLIENT is responsible for complying with the applicable laws and regulations and, by way of example, with the rules that have to do with the operation of the online plan, electronic commerce, copyright, maintenance of public order, as well as universal principles of Internet use. Therefore, the CLIENT agrees to comply with all applicable laws and regulations in relation to this agreement.
2.7. In relation to any content that the CLIENT may host in the web space and / or servers provided by AREAPROJECT, during the use of any service provided by AREAPROJECT to the CLIENT and during the entire duration of the contract, the CLIENT assumes that he is the owner of all the necessary rights (in particular intellectual property rights, patents and trademarks) and that it does not infringe any rights of third parties. Thus, the CLIENT will be solely responsible for said content. In the event of any claim from third parties, as a result of a breach or infringement by the CLIENT, AREAPROJECT may request compensation from the CLIENT for the damages caused, including the costs of any legal action necessary for the defense of the legitimate interests of AREAPROJECT.
Therefore, the CUSTOMER undertakes NOT to use the Services in a manner contrary to good faith and, in particular, in a purely enunciative way, will not carry out with respect to them:
2.8. The Web space offered in "Shared Services" (that is, all shared hosting services excluding servers) may only be used by the CLIENT for Web content and applications. In this sense, it is not allowed to make backup copies - commonly known as data backups - or data storage if they are not directly related to the contents and applications of said Web space.
In any case, the CLIENT will not use the Web space in a way that implies an excessive load for AREAPROJECT's equipment or that in any way damages the functioning or operations of the AREAPROJECT's equipment or network.
2.9. The CLIENT undertakes to adopt whatever security measures are convenient or necessary to preserve the confidentiality and secrecy of its User (Login) and Password (Password) for access to the AREAPROJECT portal, which will be, in any case, personal and non-transferable.
2.10. In case of infringement of any of the obligations indicated in points 2.3, 2.5, 2.6, 2.7, 2.8 and 2.9, AREAPROJECT will have the right to terminate the contract with the CLIENT without the latter being entitled to any claim. Likewise, AREAPROJECT will have the right to interrupt the provision of the service with prior written notification 48 hours in advance, which may also be done via email, and, where appropriate, to subsequently cancel it.
b) AREAPROJECT
2.11. AREAPROJECT guarantees that the contracted Services will be provided in the manner provided in these General Conditions and, where appropriate, in the provisions of the Particular Conditions.
2.12. The CLIENT will not have the right to demand that the server be assigned the same IP address for the entire term of the contract.
2.13. For each CLIENT's Internet domain, only one AREAPROJECT rate may be applied.
2.14. Unless otherwise agreed, the monthly transmission volume indicated at the time of contracting is considered included in the rate. The volume of data transmission used is deducted from the sum of all data transmissions derived from the use of the product by the CUSTOMER (for example, emails, downloads, uploads, Web pages). To determine the volume of data transmission, one Gigabyte equals one thousand Megabytes, one Megabyte equals one thousand Kilobytes and one Kilobyte equals one thousand Bytes.
In the event that the CLIENT exceeds the transmission volume included in the rate in one month, AREAPROJECT reserves the right to bill the difference between the volume included in the contracted rate and the volume actually consumed at the AREAPROJECT prices in force at that time. This power will not apply in the event that the transmission volume provided for in the contracted rate is unlimited.
2.15. All web hosting packages are subject to a maximum limitation of 262,144 individual files for Linux hosting and 500,000 individual files for Windows hosting.
The use of the web space of the web hosting packages is checked daily. The increase in allocated web space occurs at most once a day. AREAPROJECT reserves the right to transfer the client to more suitable servers for the use made by the client at that time and in this case, the client accepts that during the transfer the service may be temporarily unavailable for technical reasons.
2.16. The CLIENT will choose a specific rate when placing the order. Unless otherwise agreed, the combination of different offers is not possible.
2.17. AREAPROJECT offers a guarantee of operation of the Services that empowers the CLIENT to receive a total or partial payment of the fees paid in the event that the total availability of the web pages hosted by AREAPROJECT is less than 99.99%. In the event that the CUSTOMER demonstrates to AREAPROJECT's satisfaction that the total availability of the hosted pages is less than the aforementioned reference, the CUSTOMER may contact AREAPROJECT to request a payment of the rate for said month proportional to the time of lack of availability, payment that will be assigned to the future purchase of AREAPROJECT Services. Subscriptions are not exchangeable for money and do not affect the applicable taxes. The credits will not be applied to interruptions caused by (i) scheduled periodic maintenance or repairs carried out from time to time by AREAPROJECT; (ii) lack of availability caused by the CLIENT, (iii) availability incidents that do not limit the browser's access to the CLIENT's website (for example, interruptions to the ftp or e-mail service); (iv) suspension of the CLIENT's account due to legal actions taken or announced against the CLIENT or its services; (v) suspension of the CLIENT's account for violations of the General Contracting Conditions, such as, by way of example, excessive use of system resources, non-payment or incidents of payment or identification of fraudulent or infringing behavior of the Conditions General Contracting;
2.18. AREAPROJECT may temporarily limit or interrupt the CLIENT's access to its services when the security of the network service makes it necessary, the maintenance of the integrity of the network and, especially, to avoid serious interruptions of the network, the Software or saved data. .
Said interruptions will be communicated, as far as possible, sufficiently in advance to the CLIENT through the website https://www.areaproject.com/ or via email. The above obligation will not be required of AREAPROJECT in case of force majeure or if there is a fall in the data network that serves as the basis for the provision of the same beyond its control and control.
AREAPROJECT reserves the right to definitively cancel the aforementioned access in the event that the CLIENT seriously infringes its obligations and / or in the event that, for reasons beyond the control of AREAPROJECT, it is essential to make technological changes that prevent the continuation of the service, prior notification to the CLIENT 15 days in advance. For these purposes, serious infringements are those referred to in clause 2.10 of these General Conditions.
2.19. AREAPROJECT is not responsible for:
2.20. AREAPROJECT may assign the rights and obligations contained in these General Conditions to one or more third parties. In this case, the CLIENT may terminate the contract immediately.
2.21. AREAPROJECT will freely choose the technical means, which may be related to technology and / or infrastructure, in order to facilitate the provision of the services provided.
2.22. AREAPROJECT will not be responsible for damages of any nature that may be caused to a third party or to the CLIENT as a result of the improper or illegitimate use of the Services by the CLIENT.
2.23. Any claim of the CLIENT to AREAPROJECT must be submitted in writing, which may also be made by email if the CLIENT adds to the claim his full name, NIF / DNI / CIF, address, e-mail address, telephone, as well as the owner of the service, and provides the electronic document with an electronic signature, in accordance with current regulations. The claim of defects and interruptions not notified in time is excluded.
The claim should be addressed to the following postal address: AREA PROJECT SOLUTIONS, SL, Paseo de la Innovación, 3, 02006 Albacete or by email to administracion@areaproject.com .
After notifying AREAPROJECT of the defects and interruptions, objects of the claim, the CLIENT will grant AREAPROJECT a period of 20 days to restore the correct functioning of the service. During this period, the CLIENT may not take any action against AREAPROJECT or terminate the contract due to such defects and interruptions.
2.24. AREAPROJECT will respond in any case for the damages produced as a result of a contractual breach that is due to malicious or seriously reckless behavior of AREAPROJECT or of one of the persons that AREAPROJECT serves to fulfill its obligations. If the contractual breach does not occur in a seriously reckless or fraudulent manner, AREAPROJECT's liability will be limited to the amount of damages foreseen or that could have been foreseen at the conclusion of the contract.
In any case, and except for mandatory legal provision to the contrary, the quantification of the aforementioned responsibility will be limited to the consideration actually paid by the CLIENT to AREAPROJECT for the contracted Services.
3. Licenses, Intellectual Property
AREAPROJECT is the owner or, where appropriate, is authorized for use by the legitimate owner, of all copyrights, brands, intellectual property rights, know-how and any other rights related to the services contracted by the CLIENT, as well as the computer programs necessary for its implementation and the information that it obtains about it.
The CLIENT must respect the programs of use of third parties made available to them, even if they were free, of which AREAPROJECT has the necessary exploitation rights.
The CLIENT, by virtue of these General Conditions, does not acquire absolutely any right or license over the Services provided, over the computer programs necessary for the provision of the Services or over the technical information for monitoring the Services, except for the rights and licenses necessary to comply with these General Conditions and only for the temporary duration of the contracted Services.
The CLIENT undertakes to guarantee that any user of the programs respects the conditions of use of the same. The CLIENT may only use the programs on one computer simultaneously. It will be considered that there is a "use" of the programs when they are in the main memory or in a file medium of a computer. A program that is only installed on a network server for the sole purpose of program distribution will not be considered used.
To use the software provided by AREAPROJECT for a product without additional consideration, the CLIENT must activate it using a license code provided by AREAPROJECT. The license code will be valid for 6 months, after which an activation will no longer be possible.
4. Rates and method of payment
4.1. The rates included in the rate lists are fixed. The rates depend on the choice of the agreed rate, contained in the corresponding Particular Conditions. If independent rates of use have been agreed upon, AREAPROJECT may establish a prepayment system. The rates that are related to the use or consumption will be invoiced after the provision has been made.
4.2. AREAPROJECT podrá aumentar el importe de las tarifas no más de una vez por trimestre natural con un preaviso de cuatro semanas antes del final del trimestre. Para la validez del aumento se requiere el consentimiento del CLIENTE, que se tendrá por otorgado si el CLIENTE no declara su disconformidad con dicho aumento, dentro de las cuatro semanas siguientes a su notificación por escrito, remitida por correo ordinario (AREA PROJECT SOLUTIONS, S.L., Paseo de la Innovación, 3, 02006 Albacete) o bien a través de administracion@areaproject.com. Si no declara su disconformidad, tendrá alternativamente el derecho de resolver el contrato durante el mismo plazo, transcurrido el cual, el contrato continuará su vigencia con las nuevas tarifas notificadas.
4.3. The client will be informed of the final price, including applicable taxes, when formalizing the purchase process and always prior to the client sending their order to AREAPROJECT.
4.4. If there is a variation in the taxes applicable to the agreed services, AREAPROJECT may adapt its prices accordingly.
4.5. Invoices will be issued and sent to the CLIENT by email. The CLIENT accepts the use of email as the only applicable means for receiving the invoices generated by the provision of the Services.
4.6. Depending on the service provided and the payment method provided by AREAPROJECT, the payment of the invoices will be domiciled in the bank account indicated by the CLIENT or will be charged to the bank / paypal card number provided by the CLIENT. The CLIENT expressly authorizes AREAPROJECT to carry out this direct debit or charge to card of the invoices during the entire period of validity of the contractual relationship.
4.7. For payment by direct debit / direct debit (SEPA), the following applies:
The client authorizes AREAPROJECT to withdraw the charges from the specified account through an express declaration (direct debit order). This amount will be withdrawn after the invoice date. The invoice will be notified to the client by email. The client will be obliged to have sufficient funds in the specified account so that the amounts owed can be withdrawn.
The amount withdrawn may vary, if:
An authorization issued by the client before 02/01/2014 to collect recurring direct debits will remain valid after this date. In accordance with article 7 of Regulation (EU) No. 260/2012 (SEPA Regulation), as customer approval to withdraw amounts with SEPA direct debit.
4.8. In the event of non-payment of the invoice, the CLIENT will bear the costs of all payment requests, as well as the cost of returning the bank receipt and all other expenses that accrue for said reason attributable to the CLIENT, including fees and expenses of AREAPROJECT attorneys.
4.9. AREAPROJECT reserves the right to suspend the Services provided in the event of any incident experienced in the collection thereof and / or due to non-payment. If the CLIENT does not proceed to pay for the Services within the 20 calendar days following the billing of the Service, AREAPROJECT may immediately suspend it and simultaneously proceed to claim the amounts owed, being able to subsequently terminate the contract with the CUSTOMER for breach.
5. Offer, formalization and extension of the contract
5.1. After the telephone request or sending of a request by the CLIENT, AREAPROJECT may accept the contract request within a period of 30 days. AREAPROJECT will make these General Conditions available to the CLIENT to which the contract will be subject, so that they can be stored and reproduced by the same. After the aforementioned request or request by the CLIENT, AREAPROJECT will confirm the contracting by sending a welcome email to the CLIENT in which they will be informed of the activation of the contracted services and the details thereof.
5.2. If the contract is signed for a specific period or a minimum period of validity has been agreed with the CLIENT, it will be automatically extended in each case for the agreed time or for the minimum period, as long as it is not waived with a period of four weeks. before the agreed time or the end of the minimum period. The provisions of this clause shall apply unless otherwise agreed contained in the Particular Conditions.
6. Termination of the contract
6.1. The contract may end by mutual agreement of the parties.
6.2. The contractual relationships between AREAPROJECT and the CLIENT that do not have a specified duration may be terminated by either party at any time without the need for any justification.
6.3. The CLIENT may terminate early the contracts conditioned to a minimum permanence commitment, as long as he reimburses AREAPROJECT the difference in price between said contracts and those that, at the time of contracting, AREAPROJECT offered in a manner not conditioned to a permanence commitment minimum for the same products or services.
6.4. The CLIENT by means of notification by ordinary mail to AREA PROJECT SOLUTIONS, SL, Paseo de la Innovación, 3, 02006 Albacete or through administracion@areaproject.com, can request the withdrawal of the entire contract or of any of the services associated with the same. Said cancellation request will generate the sending of a confirmation e-mail by AREAPROJECT, which will contain the information necessary to complete the cancellation procedure.
6.5. If the CLIENT requests additional services to the contract, the period initially agreed in the contract will be valid for them. Additional benefits may be, according to the indicated waiver regulations, separately waived, otherwise continuing the term of the contract.
7. Protection of Personal Data
AREAPROJECT expresses the utmost respect and attaches great importance to the protection of its clients' data, whose decisions on the use of their data will be respected in any case.
AREAPROJECT complies with Organic Law 15/1999, on the Protection of Personal Data and with any other regulations in force on the matter, and maintains a Privacy Policy on personal data, which mainly establishes the use that AREAPROJECT makes of personal data, clients are informed in detail of the essential circumstances of said use and of the security measures that are applied to their personal data to prevent unauthorized third parties from accessing them.
8. Right of withdrawal
8.1. When the CLIENT is a consumer and the contract is concluded without the simultaneous physical presence of the CLIENT and AREAPROJECT (distance selling), the CLIENT will enjoy the right of withdrawal described in this section.
8.2. The CLIENT will have a maximum period of 14 days to withdraw from the contract by means of a written declaration, sent by fax, ordinary mail to the address AREA PROJECT SOLUTIONS, SL, Paseo de la Innovación, 3, 02006 Albacete, email administracion @ areaproject. com mentioning the data referred to in clause 2.5, as well as those of the Service (customer identifier and contract number / s).
The period to exercise the right of withdrawal, which will not imply any penalty or need to indicate the reasons, will begin to run from the day of the contract.
8.3. The CLIENT's right of withdrawal is extinguished in advance if AREAPROJECT, with the express consent of the CLIENT or on his initiative, has already begun with the provision of the contracted service before the expiration of the withdrawal period. The CLIENT has no right of withdrawal if AREAPROJECT supplies him with goods made in accordance with the CLIENT's specifications or that are clearly designed according to his needs or if the CLIENT himself has ordered the provision of a service before the expiration of the withdrawal period. (for example, immediate registration of a domain at the CLIENT's request). Nor does the CUSTOMER have the right of withdrawal if AREAPROJECT supplies him with software on a data carrier and the CUSTOMER unseals it.
9. Money Back Guarantee
In addition to the right of withdrawal, AREAPROJECT grants the CLIENT a trial period of 30 days, counted from the date of registration in the service, in which in case of not being satisfied with the product or the service of AREAPROJECT, the CLIENT may terminate the contract at no cost. This commitment will not apply to domain name registration. In the case of specific services where the CLIENT can change the basic configuration and add additional services, this commitment will only apply to the basic configuration.
You can cancel your contract within the first 30 days for free and without giving reasons through the support tool support.areaproject.com.
In the event that the trial period consists of the return of the money paid in advance in relation to the first 30 days of the contract, and not in a free trial period during the first 30 days, each CUSTOMER may only make use of this faculty only once, regardless of the number of Services that you have contracted with AREAPROJECT.
10. Applicable legislation and jurisdiction, Alternative dispute resolution
10.1. In the provisions of these General Conditions, as well as in the interpretation and resolution of conflicts that may arise between the Parties, Spanish legislation will apply.
10.2. The Parties submit for the definitive resolution of all controversies resulting from the contractual relationship to the courts or tribunals that will be competent in each case.
10.3. Likewise, the CLIENT knows that AREAPROJECT is not attached to the arbitration system for online dispute resolution of the European Union. You can access the EU platform for online dispute resolution at the following link https://ec.europa.eu/consumers/odr/main/.
11. Various
In the event that one or more of the stipulations of these General Conditions are void, the validity of the rest will not be affected.
II. Particular Conditions for Domains
1. Domain registration
1.1. The different Top-Level-Domains are administered by a multitude of different organizations, mostly national. Each of these domain allocation organizations has established different conditions for the registration and administration of Top-Level-Domains, their corresponding Sub-Level-Domains, and for how to proceed in cases of domain disputes.
1.2. Regarding the procedures for assigning, renewing, canceling, modifying data, transferring management, canceling and transmitting any domain names offered by AREAPROJECT, all relevant information related to them can be consulted at AREAPROJECT. When the domains are the object of the contract between AREAPROJECT and the CLIENT, the rules applicable to the above-mentioned procedures will also regulate the relationship between them as long as they are not modified by the individual agreements between the Parties and these General Conditions.
1.3. For security reasons and in accordance with ICANN regulations, when the CLIENT requests a modification of the domain's contact information, AREAPROJECT will establish a 60-day domain blockade for which, during said period, the transfer of the domain will not be possible. domain. For these purposes, the following changes will be considered modification of the domain's contact data:
1.4. The CLIENT accepts that, for security reasons, AREAPROJECT protects its domain name against unauthorized requests for the transfer of said domain name by blocking transfers. The CLIENT may authorize transfers in individual cases by removing said block.
1.5. In the creation and / or maintenance of domains, AREAPROJECT will intervene in the relationship between the CLIENT and the corresponding body granting the domain, as a mere intermediary. AREAPROJECT has no influence on the granting of domains. AREAPROJECT does not assume any guarantee that the domains requested by the client will actually be granted and / or that the granted domains will be free of rights in favor of third parties or have long-term continuity. The CLIENT will have the right to cancel her pre-reservation for individual domains until the date of registration of the pre-reserved domain in case the initial price of the domain is higher than the price originally indicated by AREAPROJECT. This right only applies to new gTLDs in the circumstances detailed above.
1.6. AREAPROJECT cannot guarantee the CLIENT that the domain name or TLD will be registered by the competent registration body. Likewise, AREAPROJECT cannot guarantee the CLIENT that the TLD will be available to the general public or that it will be offered by AREAPROJECT. It may happen that the TLD is subject to special Registration Terms and Conditions and / or restrictions not known at this time. Likewise, it may be the case that AREAPROJECT is not allowed to register the domain on behalf of the CLIENT due to said Terms and Conditions and / or restrictions. In this case, the CLIENT will have the right to cancel her pre-registration without incurring any cost. In the event that the domain name is not registered by the registration body and the TLD is not available, the CLIENT will not incur any cost.
1.7. AREAPROJECT will inform the CLIENT when the domain name has been successfully registered. In subsequent years, if the CLIENT does not request its cancellation, the domain will be automatically renewed for the period accepted during the contracting process. The contracting and renewal of the domain will entail the obligation of the CLIENT to pay the established price and the authorization of the CLIENT so that AREAPROJECT can collect said amount in the payment data provided by the CLIENT. The renewal prices can be consulted at https://www.areaproject.com/ or by email to administracion@areaproject.com
1.8. When obtaining and / or maintaining SSL certificates, AREAPROJECT only acts as an intermediary in the relationship between the client and the respective issuer of the certificate. AREAPROJECT has no influence on the issuance of the certificate. AREAPROJECT does not guarantee that the certificates requested for the client will be assigned or will be permanent.
2. Domain rights, litigation
2.1. The CLIENT guarantees that the domain requested by him does not infringe the rights of third parties.
2.2. The CLIENT is obliged to immediately notify AREAPROJECT of the eventual loss of his domain. If the CLIENT plans the recovery of his domain by a third party, he will be obliged to immediately inform AREAPROJECT about the initiation of negotiations with the third party, answer AREAPROJECT's queries about the status of the negotiations with the third party and grant AREAPROJECT the preferential right of recovery for the CLIENT, in the cases and to the extent that this does not harm the interests of the CLIENT.
2.3. As long as the CUSTOMER himself has not yet provided a domain with content, AREAPROJECT will be empowered to introduce its own content, such as advertising from AREAPROJECT or third parties.
3. Duration and automatic renewal of the domain registration
The domains that are the object of these Particular Conditions will be registered for the period indicated in the Particular Conditions and automatically renewed for identical periods, unless one of the following circumstances occurs:
3.1. Lack of compliance with contractual obligations by the CLIENT. For these purposes, the non-payment by the CLIENT of the amounts owed will not have the consideration assigned in this clause and, therefore, will not prevent the automatic renewal of the domain name;
3.2. Express denunciation of the contract by the CLIENT;
3.3. Any other legally foreseen reason for this purpose. The renewal of the domain will entail the obligation of the CLIENT to pay the price established for the same and the authorization of the CLIENT so that AREAPROJECT can collect said amount from the CLIENT's bank account. Your payment by credit card / paypal will also be valid.
III Particular Conditions for Pro Services
1.1. Due to the special characteristics of the Pro Services and their variety, the contracting of the Pro Services will be done through a commercial agent and always as an additional service linked to a previous current contract.
1.2. The request for a Pro Service must be made in any case by the owner, or authorized, of the aforementioned previous contract.
1.3. Pro Services are only available upon request (and subject to support department availability). The CLIENT will be charged an additional charge for each Pro Service independent of the rate corresponding to their previous contract with AREAPROJECT.
1.4. The characteristics of each Pro Service will be detailed by the support agent, through the description of the service, at the time of requesting it.
1.5. Prior to the execution by the support agent of any Pro Service, the CLIENT must accept the description of the service and the corresponding additional charge. The aforementioned corresponding additional charge will be applied just after the execution by the support agent.
1.6. Due to the personalized characteristics of the Pro Services and the need for immediacy in its execution, the 30-day trial period cannot be applied. 1.7. The request for cancellation of a Pro Service will not affect any other previous contract. Said contracts must be expressly and independently canceled, based on the form of termination of the contract regulated in the General Conditions.
1.8. In some cases, and due to the nature of the service provided, the CLIENT must accept that the support agent has remote access to their systems for the service to be carried out successfully. Likewise, the CLIENT must have the technical requirements so that said service can be provided (for example, Internet connection) and follow the instructions provided by the support agent.
1.9. Likewise, in some cases, the support agent may request the CLIENT to provide files and information ("Content") for the configuration of its services. The CLIENT must present all the required content in electronic file format (including, but not limited to, Word, jpeg, gif) by email, in addition this content and the materials provided by the CLIENT (for example, images and logos) must be of good quality and properly sized for the intended use. The CLIENT agrees that said content is not contrary to current legislation. Likewise, the CLIENT assumes that he is the owner of all the necessary rights (in particular intellectual property rights, trademarks and patents) and that he does not infringe any rights of third parties. It is an express wish of AREAPROJECT that the CLIENT does not include any content that may be offensive, violent, xenophobic, discriminatory, pornographic, etc. AREAPROJECT may exclude from the service any content that in its opinion includes this type of content contrary to the law.
1.10. Depending on the type of service requested, for the correct provision of some services it will be necessary for the CLIENT to save all its content, material, data, etc. in a backup copy "backup" and confirm to AREAPROJECT that you have it. In some cases, it is possible that the CLIENT technically cannot make a backup before the intervention of AREAPROJECT. In such cases, the support agent will inform the CLIENT that the changes made, at their request, will mean that the previous content cannot be recovered. It is also necessary for the CUSTOMER to accept this last condition for the support agent to make the requested changes.
1.11. In the same way, depending on the type of service, it may be necessary for the CLIENT to establish a provisional password to be used by AREAPROJECT, it will be the CLIENT's responsibility to change it later.
1.12. AREAPROJECT will inform the CLIENT when the requested service is completed correctly.
1.13. In the Pro Services that consist of the presentation of a design by AREAPROJECT, after notification of the completion of the design, the CLIENT will have 14 business days to request changes to the design. All changes requested by the CLIENT must be in accordance with these Particular Conditions for Pro Services. Within these changes in the design, which may be requested by the CLIENT, are considered "small modifications", for example changes in the text , an image, a title etc. However, once the design has been finalized, no major modifications can be made regarding the design, the structure of the page, the colors or the typography. In case of doubt, The decision on whether or not a modification can be made within the framework of Pro Services will always be the responsibility of the AREAPROJECT support agent. The CLIENT will not have the right to demand that said modifications be made.
1.14. If the AREAPROJECT support agent considers that the requested changes cannot be made due to the characteristics of the service, the CLIENT will be duly informed. In the event that the CLIENT requests other services, the support agent will provide the CLIENT with an estimate of the price and expected time for said services. Any estimate of prices and schedules may be subject to change depending on the specific needs of each service.
1.15. In Migration services the client assumes that the service will not consist of an exact cloning of his current web page, due to the technological differences of the tools involved in said Migration. Thus, the CLIENT will be informed of said circumstance before proceeding with the aforementioned Migration. In any case, after acceptance by the CLIENT of the service description, and the corresponding additional charge, this additional charge will also be applied even if the CLIENT considers that the new website is not exactly the same as the previous one.
1.16. AREAPROJECT will not assume any responsibility in case of any damage, loss or loss of profit, of any nature, suffered by the CLIENT as a consequence of the breach of these Particular Conditions for Pro Services by the CLIENT.
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