General Conditions of Purchase:
1.1. The following General Terms and Conditions of Business (hereinafter referred to as “GTC”) govern the obligations and rights relating to the enjoyment or use of all HODEICLOUD products/services by the Customer. Both may also be referred to as “Party” or “Parties”.
1.2. HODEICLOUD’s products/services consist, among others, of the marketing and distribution of all types of IT products and services and derivatives of the sector.
1.3. These Terms and Conditions are not intended to provide services other than those expressly agreed in the Special Conditions, and are strictly commercial in nature, nor those generally regulated by them.
- TIME OF CONTRACTING THE PRODUCTS/SERVICES. FORM OF ACCEPTANCE. LANGUAGE OF THE CONTRACTING:
2.1. The product/service will be contracted by the Client either by means of an application/form, which the Client will send to HODEICLOUD, or by telephone request, through the commercial network, in customer service offices or through this website. The obligations for the parties shall commence from the moment in which, regardless of the means of contracting chosen, the corresponding request is answered by HODEICLOUD by email, in writing or by telephone recording.
2.2. The processing of the request for the acquisition of products/services will require prior registration, following for this purpose, the instructions indicated in each case. The Client undertakes to provide real, exact and updated information at all times and to follow the rules on custody of the passwords that may be provided.
2.3. Exceptionally to the previous contracting method, the Parties may contract the product/service by telephone. Without prejudice to compliance with the obligations under current legislation on the sending of contractual documentation evidencing the concluded contracting, HODEICLOUD shall only be obliged to comply with its obligations from the moment the Client expressly gives its consent to the contractual proposal that is made to it.
2.4. In the case of products/services that involve the provision of intangible content, the consent given by the Customer implies waiver of the right of withdrawal, in accordance with the provisions of art. 108.4.b) of the General Law for the Protection of Consumers and Users (Royal Legislative Decree 1/2007, November 16).
2.5. The language used in these GTC and the Products shall be Spanish, without prejudice to the particularities that may exist in the event of contracting products/services in another official language of the Spanish State.
- CONDITIONS OF USE OF THE PRODUCTS. RIGHTS OF THE CLIENT:
3.1. By accepting the GTC and the Particular Conditions, the Client acquires the right to use the products/services or to receive the service provided by HODEICLOUD that has been the object of the contract, in accordance with what has been expressly agreed.
3.2. The right of use acquired by the Customer shall be personal and may not be transferred to any third party, unless prior express (in writing) approval by HODEICLOUD . For these purposes, “third party” means any natural or legal person other than the Customer. However, they may have access to the product / service natural persons working on behalf of the Customer or providing business services on its behalf within its premises and provided that access to it is necessary and essential to fulfill their existing obligations to the Customer.
3.3. If the right of use of the product/service involves an installation of the same on the Client’s computer systems, or a cloud hosting contracted at the Client’s risk and expense, it is the Client’s sole responsibility to complete, develop, contract and proceed with all the technical aspects necessary to be able to access the same contracted.
3.4. In the case of a HODEICLOUD product/service, whose main utility lies in the possibility for the Customer to host in “cloud” certain information owned by him or over which he holds some kind of right of use, the Customer authorizes HODEICLOUD to locate such “cloud” in the systems of a particular Internet service provider.
3.5. Notwithstanding the foregoing, the Customer agrees with HODEICLOUD to the following.
a) To pay the economic consideration agreed upon in the terms indicated in these GTC and in the Particular Conditions.
b) In the case of products/services whose use involves the hosting of data, content and/or information of the Client or controlled by the Client, not to use or execute in the computer environment in question any harmful computer programs intended to cause damage or to access third party communications or, in general, content of any kind whose mere reproduction, distribution, dissemination or public communication could constitute a civil or criminal offence, or be offensive, denigratory or harmful to the privacy, honour or image of third parties.
c) Not to exploit or reuse for their own or others’ benefit any type of content, information or data that has been provided by HODEICLOUD on the occasion of the execution of the contractual relationship created, whose industrial or intellectual property rights, or simple property rights, belong to HODEICLOUD or on which HODEICLOUD holds some kind of right of use or exploitation. For these purposes, the mere fact of allowing a third party to view or access the content, information or data, as indicated, will imply a breach of the provisions of this paragraph.
d) To respect the industrial and intellectual property rights, or others that may exist, on the content, information or data of the products / services, belonging to HODEICLOUD or third parties.
e) To comply with any other obligations established in these GTC or in the Particular Conditions.
- DURATION OF CONTRACT. RENEWAL:
4.1. If any, the duration of the contract concluded with the Client, and consequently, of the obligations and rights of each of the Parties, shall be that specified in the Particular Conditions. In any case, the initially agreed contract period shall be automatically extended, as a general rule for periods of twelve months, if the Client does not express its intention not to renew the agreed service within 30 days prior to the expiry date.
4.2. Notwithstanding such duration, the contract in question may be terminated early in the cases and under the conditions provided for in Clause 10 hereof.
4.3. The termination of the contract for any reason whatsoever shall not imply the extinction of any actions or rights in favor of the Parties to claim from each other or from third parties what is due as a consequence of the breach of obligations pending payment or any other obligations arising from the contract or from the law.
4.4. Once the contract is terminated for whatever reason, and provided that it is a successive contract, the Customer must cease using the product / service immediately, undertaking to take the necessary steps, in good faith and within a reasonable time, to avoid further use of resources or goods of HODEICLOUD to whose use it would have been entitled under the contract concluded. In the event of manifest inaction by the Customer or its failure to cooperate in the execution of the above, HODEICLOUD reserves the right to interrupt the enjoyment of the same.
4.5. In the event that the product/service purchased has a digital and tangible nature at the same time mixed product, in case of renewal of the product/service the part accessible online will be kept updated until the new edition is published. If, on the other hand, it is not desired to renew it, the online part will be available until the new edition is published, regardless of the date of contracting. In the event that the product/service purchased is not of a renewable nature or there are no periodic editions, the part accessible online will be maintained only for a period of 1 (one) year from the date of contracting the product/service.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS:
5.1. All services/products, as well as the contents, information and data provided together with them and on the occasion of HODEICLOUD ´s performance of its obligations are protected as an intellectual creation or work. Their use or exploitation by means of an exploitation right of reproduction, distribution, public communication, transformation, exploitation or remuneration may only be made under a license or authorization granted by HODEICLOUD , as the legitimate owner of the intellectual property rights over such content, information and data. Each of the aforementioned rights shall have the meaning provided in the applicable Intellectual Property Law, to which the Parties refer and which they declare to be aware of.
5.2. By virtue of the foregoing, HODEICLOUD only authorizes the Client the non-exclusive use to reproduce on its own computer systems and to access (make available) the protected contents offered, in accordance with the following conditions:
a) Time: according to the duration of the services/products, and without prejudice to the provisions of clause 10 on early termination.
b) Territory: Spain.
c) Possibility of assigning the licensed rights to third parties: prohibited.
d) Other authorized rights: strictly those of reproduction and availability.
5.3. In the event that a product/service is not delivered in digital format, but in tangible support, the provisions of the previous section of this clause shall not apply, and the Customer may enjoy the protected content for strictly private and non-commercial use, in accordance with the provisions of these GTC and the Special Conditions.
5.4. Likewise, the products/services are marketed by HODEICLOUD under its registered trademarks. The Customer may not use them outside the performance of its own services agreed under these GTC and Special Conditions or for its own benefit or in conditions that are objectively suitable for creating association with HODEICLOUD’s trademarks or with its corporate image or in situations that may represent a risk of confusion with these trademarks. No provision of these GTC or the Special Conditions may be interpreted as meaning that HODEICLOUD has authorized the use of its trademarks by the Customer for any type of service or product of the Customer or third parties, or in conditions that do not strictly conform to the performance of the services provided by HODEICLOUD
6. DELIVERY OF THE SERVICE/PRODUCT:
6.1. In the event that a product/service is offered in physical format, i.e. not digital, HODEICLOUD undertakes to forward it to the Client, after verification of the corresponding payment, within a maximum period of 72 hours following the satisfactory completion of the order, in accordance with the provisions of clause 2 above, provided that the destination is the peninsula or Balearic Islands. In the rest of possible destinations, the delivery time will be between five and eight working days.
6.2. If the service/product, as indicated, is not finally available, the Customer will be informed immediately, being offered the possibility of terminating the contract with refund of the price paid, or a substitute product, at its choice.
6.3. Deliveries will be made by courier service.
6.4. The Customer must indicate the delivery address, being responsible for the consequences of providing an incorrect address or that at the time of delivery of the product no one is present to receive it. In any case, HODEICLOUD undertakes to make up to one (1) delivery attempt at the place indicated by the Customer, after prior contact. In the event that several attempts have to be made, these will be borne by the Customer, depending on the costs of ordinary mail or courier. In the event that despite all efforts made by HODEICLOUD, could not finally be delivered, it will be available to the Customer on the premises of the courier company concerned for a period not exceeding 3 working days, and must be collected directly from the same under the conditions that it communicates.
6.5. Deliveries of products/services by courier, as indicated in this clause, will be made during normal working hours between 08:00h and 18:00h on working days from Monday to Friday, both included.
6.6. If the Customer finds any defect or damage in the product/service, or that it does not correspond to the one requested, he/she must indicate it in the delivery note and contact the Customer Service telephone number indicated on the website within 48 hours from the receipt of the goods.
6.7. HODEICLOUD disclaims any liability for the Customer’s failure to comply with its collection obligations and others indicated in this clause which, in accordance with good faith, may be required of it in order for HODEICLOUD to be able to fulfill its delivery obligation.
- PRICE AND FORM OF PAYMENT:
7.1. The price of the products/services shall be as agreed in the Particular Conditions, which shall comprise the totality of the services to be provided by HODEICLOUD, as requested in said Particular Conditions. If applicable, the shipping costs will be specified, duly itemized, as pre-contractual information so that the Client has effective knowledge of the total cost. In the case of renewals in the license of use of the products/services, the price may vary taking into account the updates of its content and the effective scope of the services provided by HODEICLOUD.
7.2. The price will be applicable to the rate of indirect taxation for the agreed period, which may be increased, where appropriate, as a result of changes in the legal standard of reference.
7.3. The payment of the economic consideration payable by the Client shall be made in accordance with the procedures established in the Special Conditions. Payment may be made by bank card, Paypal or bank transfer, in accordance with the following indications:
a) In all cases, the payment instructions appearing on the screen must be followed, in the cases of telematic contracting or by electronic means.
7.4. The non-payment of the liquid, due and payable amounts by the Client will give rise to the judicial claim of the same by HODEICLOUD. The Customer is expressly informed that, in such cases, their personal data may be included in common credit information systems, as permitted by art. 20 of the LOPD 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights.
7.5. Except in cases of withdrawal, according to clause 9 of this document, in the event that the Client acquires a service/product for the first time, if within the contracted period the Client decides to terminate the contract early, the Client will lose any amount previously paid.
7.6. Full payment of the price agreed upon in the Special Conditions shall be mandatory.
8. WARRANTIES. EXEMPTION FROM LIABILITY. FORCE MAJEURE AND ACTS OF GOD:
8.1.HODEICLOUD guarantees that the contents to which the products/services refer are subject to constant updating and evolution, in order to adapt them to the demand made by its customers in general. However, given that it is possible that in some cases this objective may not be met, the Customer may always notify the fact in question, so that HODEICLOUD proceeds to remedy the possible defect observed.
HODEICLOUD reserves the right to interrupt the continued provision of a product / service, when this is required by an update of content or computer systems through which it is offered to the Customer.
8.3. HODEICLOUD makes every effort to ensure that the Customer has access to the products / services and can enjoy them. However, it cannot guarantee, and therefore is not responsible for the Client to have such access at all times, due to unforeseeable circumstances or that, even if foreseeable, do not allow the execution of the services due to circumstances beyond the control of HODEICLOUD or are unavoidable, such as natural disasters, failures in electricity supply or other provided by third parties that affect the normal provision of the Services, situations of national alarm, terrorist attacks, accidents, cyber attacks or court orders or issued by administrative authority. In all these cases, HODEICLOUD is not liable for the fulfillment of its obligations under these GTC and the Special Conditions, nor for direct or indirect damages caused to the Customer as a result of those acts of force majeure or fortuitous event described or others of a similar nature.
8.4. HODEICLOUD is also not responsible, consequently, that the Customer has the necessary technical means to access or enjoy the products/services, or the supply service itself or access to Electricity, Internet, Mobile Telephony or Fixed Telephony that allow the Customer access to them.
8.5. HODEICLOUD makes the products/services available to the Customer at the latter’s request and therefore, is not responsible, nor does it guarantee, that the services/products meet the Customer’s expectations or specific needs, which must be evaluated by the Customer himself and adopt the corresponding decision on his editorial needs.
ABOUT THE WITHDRAWAL AND ITS NON-APPLICATION IN THE CASE OF DIGITAL PRODUCTS:
9.1. In the event of contracting a Product of an electronic nature, the Client shall have a period of 14 (fourteen) days for its return, exercising its right of withdrawal.
9.2. In the event that the Customer who has purchased a tangible product decides to exercise its right of withdrawal, it will have a period of 14 (fourteen) calendar days following the placement in the possession of the Customer, to inform HODEICLOUD of its desire to withdraw and send by ordinary procedures, the product received provided it has not been opened or used and retains its original seal and packaging. In this case, HODEICLOUD , once verified the due delivery of the product, will return to the Customer by bank transfer the price paid within a maximum period of 30 days from the time of delivery of the product back, being entitled HODEICLOUD to retain the refund made until it has received the same. The return costs shall be borne by HODEICLOUD .
10. TERMINATION OF SERVICES:
10.1. Without prejudice to the provisions of Clause 4 of these GTC, the parties may terminate the contractual relationship contracted and terminate the same, releasing each other from the respective corresponding obligations, in the event that any of them repeatedly fails to comply with any obligations to which they were subject, and without prejudice to the legal consequences of the termination for the defaulting party.
10.2. Likewise, the parties may terminate the contractual relationship contracted by mutual agreement.
11. PREVALENCE OF PARTICULAR CONDITIONS OVER GENERAL CONDITIONS:
11.1. The GTC and the Particular Conditions shall regulate the legal relationship between the Parties.
11.2. In case of discrepancy or doubt, the Special Conditions shall prevail over GTC, unless expressly stated otherwise.
12.1. All notifications that the Client wishes to address in application of this contract, must be addressed to the addresses and email shown on web and legal notice.
12.2. The notifications shall be effective against the Party to which they are addressed from the moment they have been received by that Party.
12.3. It is the obligation of each Party to notify the other Party of any change in the postal, email, telephone or fax addresses indicated at the beginning. If, once the modification has been notified in accordance with the above, the Party to which the modification is notified does not send an acknowledgement of receipt message, it shall be understood that it has been aware of said modification and shall be responsible for the consequences that may arise from it in relation to the execution of these GTC and the Special Conditions.
13. MODIFICATION OF THESE GENERAL CONDITIONS:
13.1. These GTC may be modified. Consequently, the Customer, as well as anyone visiting the website https://hodeicloud.com/condicionesdecontratacion, is invited to regularly review the conditions applicable at any given time.
13.2. Any modification shall, in any case, respect the rights acquired by the Customer, pursuant to a previous version of these GTC.
PROTECTION OF PERSONAL DATA:
The personal data provided in this document will be processed by this entity as Data Controller whose contact details are:
Company name: HODEICLOUD S.L., (Hereinafter, HODEICLOUD).
Address: AVDA. ALTOS HORNOS DE VIZCAYA, 33, 48901, BARAKALDO, VIZCAYA.
Phone number: (+34) 946 94 99 51
You can find more information in the link https://hodeicloud.com/politicadeprivacidad
15.1. Both Parties shall keep confidential any information exchanged on the occasion of the performance of this Contract, undertaking not to disclose it unless it comes into the public domain or is required by a judicial or administrative authority in the exercise of its powers.
15.2. In particular, with regard to the safekeeping of the passwords to access the services/products, the Client undertakes not to disclose them to third parties, or any other person with whom it does not have employment or commercial ties that require knowledge of such passwords, in accordance with the provisions of clause 3.2 of these GTC.
16.PROHIBITION OF ASSIGNMENT OF THIS CONTRACT:
16.1 The Client is prohibited from assigning to a third party its position in this contractual relationship or any of its obligations or rights, without the prior and express authorization of HODEICLOUD .
17.APPLICABLE LAW AND JURISDICTION:
17.1. This contractual relationship shall be governed by Spanish law.
17.2. Both parties submit to the jurisdiction of the courts of Vizcaya that correspond in accordance with consumer legislation in order to resolve disputes and disagreements arising in the execution of this contractual relationship or its interpretation.