General conditions of service

General conditions of service

This agreement contains the full expression of the agreements reached by Nominalia and the Customer and annuls any previous agreements between them in regard to the object thereof.

1 - SERVICES AND CONCLUSION OF AGREEMENTS:
These General Conditions of Service ("GCS"), together with the additional terms and conditions contained in the Service Orders ("SO"), regulate the supply to customers ("Customer/s") of the services offered by Nominalia Internet, S.L. (hereinafter Nominalia) registered office Barcelona, Josep Pla, 2, Torres Diagonal Litoral, Edificio B3, Floor 3D, 08019 in Spain. The agreements between Nominalia and the Customer in regard to the individual Services are considered concluded at the time Nominalia receives payment of the Consideration for the Services.

2 - REGISTRATION PROCEDURE - USER ID AND PASSWORD::
The acceptance of these conditions implies the acceptance of the Rules and Conditions imposed by all the Internet domain name regulating organizations.In the course of completing the Service registration procedures, the Customer undertakes to provide his/her personal data accurately and truthfully. The Client undertakes to check this data before confirming registration. Confirmation will have to be communicated to Nominalia within 10 solar days. In the case confirmation was not communicated within the indicated time, Nominalia will not be held liable towards the Client. Confirmation will exempt Nominalia from any liability regarding the data provided by the client. In both cases the Client undertakes to immediately inform Nominalia of any change in the personal data whenever they are communicated. If the Customer communicates inexact or incomplete data, Nominalia reserves the right not to activate and/or suspend the service until the Customer rectifies these errors. Nominalia reserves this right even in the case where the competent bodies (e.g. banks or credit card holders) contest the payments made by the Customer. Upon the first request for activation of a Service by the Customer, Nominalia will assign him/her a User ID and Password. The Customer recognizes that these User ID's and Passwords constitute the system for validation of Customer access to the Services. The Parties recognize and agree that these User ID's and Passwords constitute the only adequate means for identifying the Customer when he/she accesses the Services. Therefore, the Customer agrees that all acts performed through use of the aforementioned User ID and Password shall be attributed to him/her and shall be binding on him/her. The Customer recognizes that he/she has sole and exclusive responsibility for the acts performed through use of his/her User ID and Password, and promises to keep them secret, safeguard them with due care and diligence, and not to provide them to others, even on a temporary basis. In any event, the Customer accepts that the information system and/or online system records compiled by Nominalia and/or its suppliers, can be presented and used against him/her for all investigative purposes before any competent Authority pursuant to and in accordance with these GCS and that, in particular, the parties may establish appropriate civil evidence on this basis regarding the existence of relationships and/or acts that might be challenged.
Nominalia shall not act as an arbitrator to resolve disputes between the applicant and third parties regarding the use of the domain name.
In the event of any conflict involving the attribution of a domain name, the applicant undertakes to follow the rules on the resolution of conflicts established, as appropriate, by ICANN and the Registries responsible for the administration of the different domain names.

3 - NATURE OF THE SERVICES - CONSIDERATION AND PAYMENTS:
Nominalia shall not carry out any operation on the order until the payment in terms and time has been received. It shall consider the payment to have been made when the banking entity clears it. This means that in case two orders have same domain name, the first which is paid will be the first to be processed, with independence of the order's date.(First paid first served).This means that in case two orders have same name, the first which is paid will be the first to be processed, with independence of the order's date.(First paid first served). The payment of the order shall be made in accordance with the general conditions of payment established by Nominalia.

Once the processing of any order has begun, Nominalia reserves the full right to charge a penalty for the cancellation of the same. Modifications to the same shall be accepted, implying the need to place an additional modification order. Nominalia shall automatically cancel orders that are not paid within a period of 30 days.

The applicant exonerates Nominalia from any third party liability arising from a breach of the obligations arising from any of the conditions.

Nominalia has adopted the technical and organized measures, as well as the legally required security level´s according to the established in the Statutory Law 15 /1999, of 13 of December, of Personal Data Protection (LOPD) and the rules that develop it.

The applicant certifies that the information supplied and related with the registrant and personal information of the contacts of the domain name, is true and complete. Likewise, the applicant accepts that is the unique responsible of keeping the information updated.
Notifications shall be made to the details provided by the applicant by e-mail. Nominalia shall not be responsible for the non-receipt of these notifications. The applicant is responsible for informing Nominalia of any modification to the data specially changes on the contact e-mails.

The non-fulfilment of any of the conditions accepted by the applicant shall empower Nominalia to cancel any order, being fully entitled to apply the penalty stipulated.

Nominalia communicates the renewal of services via e-mail according to the following process: The first notice is sent approximately 2 months before the expiry date; a second renewal notice is sent about 10 days before the expiry date and a definitive cancellation e-mail is sent on the day of expiry if payment of the renewal has not been made before that date. The e-mail to which these notices are sent is the e-mail of the contact corresponding to the service in question. It is the client's responsibility to keep this information up to date and to carry out the renewal. Nominalia will not be held responsible for problems arising from incorrect contact details or failure to renew.

When a domain expires it enters into the Redemption Grace Period (RGP). This period has been implemented by the international registries in order of giving the former owner of a domain, the chance of recovering it. During this period no one can register such domain. Only the owner can recover the domain name through the Registrar that managed the domain before the RGP.

After 30 days of RGP, the domain turns into a PENDING DELETE status that lasts 5 days. During this period is not possible to recover the domain. After that, the domain is deleted from the database and it can be registered again by anyone.

If, for any reason payment for renewal is not made during the stipulated period for each service, the service will be automatically cancelled by Nominalia and become available for registration by third parties. Nominalia shall make the payment refunds by bank transfer to the account number you identify or to the credit card, depending on the used modality.

In the case of a domain not renewed, this one will remain 30 days in Redemption Period, time in which the recovery of the domain is possible. Once finalized this period, the domain it enters in the denominated Pending Delete state, of 5 days of duration, during which there is no possibility of recovering the domain.

Nominalia, in the case of a domain in Redemption Period, after the payment of the amount of the recovery, will try to recover the domain before the Registry, however, it is necessary to consider that this process of recovery does not guarantee in all the cases its effectiveness. By virtue of the previous thing, Nominalia will not take responsibility when a domain name has not recovered successfully, in which case, Nominalia will reimburse the amount paid by the Customer.

4 - PAYMENT METHODS:
Methods of payment established by Nominalia:
- Credit card.
- Check.
- Bank transfer.
- PayPal.

In order to make payments through Credit card, Customer must provide credit card, debit card or bank account information. Nominalia guarantees that all of the bank and credit card details collected in its database will be used in the way and with the limitations and rights granted by the constitutional law 15/1999, of December 13, for the Protection of personal information (LOPD). Processing and management of this information will be in keeping with what is stipulated in the Royal decree 994/1999, of June 11 by which the Regulations for security measures referring to automated files that contain personal information.

The payments should be done once a year, once a month or one of a time, having the Customer the possibility of choosing its payment method.

For those services where it explicitly appears, Nominalia will accept payment by direct debit. If the debit is rejected for some reason, the client will be responsible for banking costs. In the event that the debit is not paid, the service will be cancelled and/or it will follow the process specified in each particular case.

If order number is not specified in whichever means of payment where such data is required, Nominalia will not be reliable to any undesired effect it may lead to.

The payment must be made in time and terms chosen by the Customer. The payment shall be made in euros.

Nominalia reserves the right to cancel a registration if the payment has been made by fraudulent means or has not been cleared.

Orders which are not paid within a period of 30 days shall be automatically cancelled without prior notice.

The cancellation of a completed order implies that the payment shall not be refunded.

The cancellation of an order in proceeding implies a penalty of 75% of the total of the invoice.

If you request a registrar transfer in two months after the expiry date, and this domain was renewed by last time in 20 days after the expiry date, Nominalia reserves the right to return the amount that you have paid as a domain renovation.

During Sunrise periods, in case of domain name denial by the Registry, Nominalia will return 75% of the payment done. The other 25% would be charged as domain name's management and transaction costs.

In case of denegation by the Registry of domain names with a validation process before their concession, Nominalia will refund the 75% of the billing, perceiving the 25% in charge as domain name's management and transaction costs.

In the event that the Client would like to make payment by standing order, he must make the first payment which will be equivalent to the proportional part of the current month, plus the following two months for the service.

By system, the renewal order of the Hosting and NominaliaMail services in its annual instalment payment method will be automatically done 60 days before the expiration of the services, not being possible for the client to extend the hired service on this 60-days period before the services' expiration. In case of willing an extension for the services, it might be hired before this 60-days period or once the payment of the renewal order is done.

5 - AMENDMENTS TO THE GCS AND/OR SO:
Nominalia reserves the right to amend these GCS and the terms and conditions of the SO in the terms of this contract at all times if it informs the Client at least 30 days in advance. It will be understood that the Client accepts these modifications if after this period has passed he continues to use the services provided by Nominalia. The Customer will have the right to withdraw from an SO or the GCS applicable at that time by sending the relative notice to Nominalia in accordance with the same 30-day deadline envisaged in the preceding paragraph.

Changes proposed by the Customer must have the express written approval of Nominal in order to become valid.

6 - USE OF THE SERVICES AND CUSTOMER LIABILITY:
The Customer compromises in acting loyally and in good faith during the exercise of the contracted services. On the same way the Customer undertakes to use his/her best efforts to comply with the provisions and commitments pursuant to this general conditions and services conditions and in order to respect, in case of services offered by Nominalia in a shared manner, the services quality, stability and security even with regard of the utilization of the other Customers.

The Customer certifies that, to the best of its knowledge, the use of this domain name does not affect the intellectual property rights of third parties.

The Customer accepts that the registration of a domain name does not confer any legal right over the same.

The Customer accepts sole responsibility for the choice of this domain name and for its subsequent maintenance.

The Customer accepts that the registration of the name is for legal purposes.

The Customer accepts responsibility to all intents and purposes for any problem regarding the rights of use of the name chosen.

The Customer undertakes to accept any possible arbitration request as a result of the registration of a domain name.

The Customer recognizes the content in the files stored in our servers as exclusive responsibility of the purchaser. Nominalia will not be responsible of any fault caused by the server malfunction, client's electronic mail addresses, and lack of communication to the loaner of the service of possible changes in the electronic addresses, disinformation by negligence of the client or login and passwords' bad utilization and conservation, which are exclusively responsibility of the contractor.

It is specially prohibited:
-The use of the web server by the Client in order to carry out actions against Spanish law or with the intention of causing damage to third companies or individuals is prohibited.
- Messages and/or content of a violent, abusive, difematorius racist, xenophobic or pornographic nature, especially any image or obscene file or with sexual content that may infer pornography such as complete and/or partial nudity are prohibited.
-Computer programs that are intended to unlock the content of other licensed computer programs (cracks), serial numbers for computer programs or any other content that violates intellectual property rights are prohibited.
- Images and files in any format that violate intellectual property, to which the client does not have rights to or that are not the property of the person/company that hosts the domain in Nominalia are prohibited.
-Any content that is against Spanish law, especially the information protection law LOPD 15/1.999 December 13th is prohibited.
-The use of the e-mail server and e-mail addresses for sending unrequested e-mail (Spam) is strictly forbidden as well as sending large messages in order to block the server (Mail bombing).
- Using the space rented in the servers for storing images and/or content from third party pages, whatever the theme of these pages is, is strictly forbidden.
- Creating any kind of web programming that is directly or indirectly detrimental to the performance of Nominalia's servers is prohibited, either by consuming more resources than those necessary or programming any type of code that damages, restarts or turns off the servers where the programmed content is stored, intentionally or unintentionally.

7 - COMMUNICATION BETWEEN THE PARTIES:
The relationship between the parties is that of a Customer and a Service Provider. Only in the event that the procedural legislation requires the contrary, the parties agree to communicate via e-mail, fax or postal mail using the most current addresses and numbers in their possession. The parties are obliged to save proof of having notified the other party.

8 - INTELLECTUAL AND/OR INDUSTRIAL PROPERTY RIGHTS:
Nominalia is the owner of every trademark, author and property rights, know-how and every computer program related on the provided services by Nominalia. The Client is granted only a limited, non-transferable user right thereof.

The Client guarantees that he is the owner of the Information stored in the assigned area or that, or in any event, he has the corresponding authorization to spread the information on the Internet. With the object of insuring the purposes of this contract, the Client authorizes Nominalia to make a security copy of the Information delivered during the validity of this contract.

9 - LIMITATIONS OF LIABILITY OF NOMINALIA:
Nominalia commits acting diligently and in good faith within its commercial relationship with the client. Also compromises on offering in every moment the best quality on its service's provision, excepting those external incidences out of the control of Nominalia, but can not guarantee its service continuity on a determined moment, the integrity of the stored information on its servers, transferred by its system of by the Internet.

Nominalia cannot guarantee that the order placed by the applicant will be practicable.

Nominalia does not take responsibility of the possible errors caused by other participant organizations in all the process of registry or service.

Nominalia will not be responsible for the unauthorised access to its client's information stored in the system, lost or corruption.

The Client recognizes that the information to which he can access through the access service is the responsibility of the party who develops it. Therefore, Nominalia will not be responsible in any case and under no circumstance for the content of third parties' information to which the client may have access, nor the damage the Client may suffer because of said information, independent to whether access to said information is carried out via direct or consecutive links, whose origin is on web pages in Nominalia. Also considered resources beyond Nominalia's control, among others, are the following:
- Programs, texts and user's details.
- No moderated newsgroups in the server itself.
- Newsgroups in other servers.
- Chats.
- FTP and Telnet accounts.

10 - EXPRESS CANCELLATION CLAUSE:
Nominalia may cancel these GCS and each SO, pursuant to and in accordance with Article 1124 Spanish Civil Code if the Customer fails to comply with the obligations established on these GCS, without prejudice to the right of Nominalia to payment of the consideration accrued in its favour at the date of cancellation and indemnification of damages.

11 - GOVERNING LAW AND COURT OF JURISDICTION:
Relating to this contract, its interpretation and resolving, the applicable laws will be the Spanish laws. The Courts of Barcelona shall have exclusive jurisdiction in any controversy involving or deriving from this Agreement or its performance. For any divergence arising from this contract either of the parties have the possibility of choosing any legal arbitration channel, including a private arbitration system, specially the National Consumer Institute in Spain. As well as submitting to the correspondent civil jurisdiction.

In the assumption of arbitral or either judicial procedure, according to law clauses of this contract would continue taking effect and accomplished for both of the parties.

Not reading or ignoring this contract does not imply the breach of it.