The following translation is provided for informational purposes only. In the event of any inconsistency, inconsistency or conflict between this translation and the Spanish version (particularly due to translation details and delays), the Spanish version shall prevail.
This General Contract Conditions, together with the Particular Conditions that, in each case and service, may be established (hereinafter, and together, the «Contract Conditions») expressly regulate the relations that arise between GIGAFOX SL (with its brand GIGA4, hereinafter «GIGA4») and those third parties that contract the services that this company offers for this purpose on any of its web pages, by telephone or email (the «Services»).
We are GIGA4, a company whose corporate name is: GIGAFOX, SL, the CIF is: B88202106 and the registered office is at: CALLE INFANTA BEATRIZ, 4, Piso 5, Puerta BI – 18004 – GRANADA, SPAIN.
We are registered in the commercial registry with a deed of incorporation in the Mercantile Registry of Madrid, in Volume 38203, Folio 45, Sheet M-679776, with 2nd entry as a result of the change of address, it is currently registered in the Mercantile Registry of Granada in Volume 1713, Folio 23, Sheet GR-54012.
The addresses of our websites are: https://giga4.team, https://my.giga4.team, https://giga4.es and https://giga4.rocks
To communicate with us you can contact us at email@example.com
1. Object and Scope of Contract
The purpose of the Contract Conditions is to regulate the contractual terms for the provision of the Services and the consideration owed by the Client to GIGA4, as well as the use of the Service by the latter. The provision of the Services will be carried out through the obtaining, provision, organization, employment and management by GIGA4 of the technical, human and operational resources necessary for this purpose and, always and in any case, with the consideration indicated in each moment.
GIGA4 can provide its Clients with access to a range of services, including, by way of example and not limitation, consulting services, advice, development, customization, management, design, security, efficiency, updating, maintenance, backup copies , transactional email, management and registration of domains, request and renewal of electronic certificates, hosting and other possible services. All of them are focused on web technology with projects that work on the WordPress platform. Unless expressly stated otherwise, all the Services offered by GIGA4 will be governed by the Contract Conditions contained herein and by the Particular Conditions that, if applicable, apply to each of the Services.
2. Conditions of contract
Those individuals, adults, or legal entities may contract the Services. In the case of a legal person, the request for Services must be carried out by a duly authorized proxy or legal representative of the company. In the case of natural persons, they must be of legal age and contract in their own name.
2.2 Application Data
The applicant is responsible for ensuring that the data included in the Budget and Contracting processes are true and accurate, committing to notify GIGA4, as soon as possible, of all changes related to them and, especially, those that allude to the information necessary for the good maintenance and management of the provision of the contracted Services, including, for example, the email address, the address, and the data of payment methods. The Client may modify the data provided by communicating it to the email firstname.lastname@example.org at any time.
GIGA4 reserves the right to accept or reject any Quote and/or Contract, as long as:
- Check that the data provided is contrary to the truth and/or inaccurate;
- Consider that the request made:
- It does not conform to the terms included in the Contract Conditions and/or
- It cannot be executed by GIGA4 either because it does not offer that service or it does not have the necessary resources to be able to offer it;
- Damage or may damage the corporate image of GIGA4 or be contrary to the commercial purposes pursued by it;
- The terms in which the contract is made are disrespectful to the GIGA4 staff;
- It is out of law;
- Have any Service previously contracted with GIGA4 pending payment.
The denial of the provision of Services will be made by email to the address provided in the Contract, justifying the reason for it. The applicant whose request has been rejected by GIGA4 may request the services again, as long as the reasons that led to their non-admission have been duly corrected or eliminated.
2.4 Acceptance of the General and Particular Conditions
Activation of the button to send the contracting request or quote request through the GIGA4 website, the request for a quote, the acceptance of a quote or set of hours, the signing of this document or, where appropriate, the acceptance of the conditions exposed by telephone or by email, attributes the condition of «Customer» and expresses full and unreserved acceptance of the Contract Conditions of the Services requested in the version that GIGA4 makes available to you electronically prior to your request or acceptance. The latest version of the Contract Conditions will be available at the electronic address https://giga4.team/condiciones-de-contratacion/, as well as the Particular Conditions that could apply for each service that will be communicated in the contracting act.
Before hiring any of the Services offered, carefully read the Contract Conditions that regulate the provision of the Service you want, including the technical, operational and functional characteristics of the Service, as well as the rate or consideration applicable in each case. For any additional information or clarification regarding the content of the Contract Conditions, do not hesitate to contact us before proceeding with the request or Contract.
3. Contracting process
The contracting process is defined through the following particular conditions:
For those consulting, advisory, development, customization, management, design, security, efficiency and/or web updating services.
- Particular conditions for punctual services of estimated rate by budget: https://giga4.team/condiciones-de-contratacion/particulares-puntual-presupuesto/
- Particular conditions for specific services whose estimated rate cannot be budgeted: https://giga4.team/condiciones-de-contratacion/particulares-puntual-no-presupuestable/
For web maintenance services, backup copies, transactional mail, domain registration and management, request and renewal of electronic certificates, hosting and other possible recurring services.
- Particular conditions for recurring services: https://giga4.team/condiciones-de-contratacion/particulares-recurrente/
4. Rights and Obligations of GIGA4
GIGA4 will have the right:
- To charge the Client the price for the provision of the Services;
- To request the Client to provide a guarantee or make a bank deposit, in an acceptable form or amount, in order to guarantee the obligations assumed by the Client during the validity of these Conditions of Contract,
- To introduce changes or technological improvements in the Services provided, as long as said improvements do not negatively affect the Client and
- To interrupt the Services to undertake all those tasks that it deems necessary and/or convenient in order to undertake improvements and/or restructuring in the same, as well as to carry out maintenance operations of the Service. In the latter case, GIGA4 will make its best efforts: (i) to notify the Client, to the extent possible and with reasonable notice, of those periods of time in which the Service is interrupted and (ii) so that such interruptions affect the Client in a minimal way.
- To provide the Services in accordance with the terms established in the Contract Conditions,
- To make their best efforts to guarantee the provision of the Services and
- To diligently guard the credentials and passwords delivered by the Client for the provision of the Service, proceeding to their communication in the event that they suspect or have evidence that they have been compromised.
GIGA4 will try by all means to provide the Client with the Services on the agreed date, but will not be responsible for circumstances or events that are beyond its control, such as the delay by the Client or its collaborators in providing an answer, decision-making , resources or make decisions, the delay, interruption or malfunction of the Services attributable to third parties, acts or omissions of Public Authorities or acts of God or force majeure.
5. Rights and Obligations of the Client
The Client will have the right:
- To receive the contracted Service under the terms and conditions agreed in the Contract Conditions and
- To receive information regarding the development of the contracted Services.
The Client must:
- Comply with payment obligations under the agreed terms and conditions;
- Actively collaborate with GIGA4 to make the provision of the Services possible, forcing themselves, for this purpose, to provide the necessary technical data or resources;
- Observe all the rules that GIGA4 may impose on the use of its resources, as well as the policies and conditions of use and the Particular Conditions applicable to each service;
- Diligently guard the credentials and passwords delivered by GIGA4 for the management and use of the Service, proceeding to their communication in the event that they suspect or have evidence that they have been compromised; and
- Not disturb, impede, interfere, distort or damage the equipment or systems assigned to GIGA4 or third parties;
- Do not use the Services to carry out activities contrary to the laws, morality, public order or to use the Services for illicit or prohibited purposes or effects, harmful to the rights and interests of third parties, GIGA4 declining any responsibility that may arise from it. could derive
The Client may exercise the right of withdrawal from this Contract without the need for justification or penalty, only in cases in which each and every one of the following requirements are met: that the Client is considered a consumer or user as defines the current legislation on the Defense of Consumers and Users; that the product or service resulting from the agreement is not personalized for the Client; that the services have not been fully executed; and that this right is exercised by the Client during the withdrawal period, which corresponds to a period of 14 calendar days from the date of execution of the contract.
For this purpose, a consumer or user is considered to be a natural person who acts for a purpose unrelated to their commercial, business, trade or profession. Personalized services for the Client are considered: consulting service, web development service, domain name registration and management service, digital certificate request and renewal services, web positioning or optimization analysis or reports, web customization services and content design, services that include dedicated elements for the Client, digital content supply services, and in general any service that has been particularly designed based on the requirements specified by the client or contains their name, denomination, reference, trademark or Logo.
6. Economic conditions
As consideration for the Services provided, the Client will pay GIGA4 the total amount resulting from applying the prices specified.
The billing for the Services will be charged to the Client, in accordance with the fixed consideration and with the corresponding price revisions that were applicable.
If after thirty (15) days from the issuance of the invoices the Client does not express, by any means that proves its receipt, his disagreement with the content of the same, it will be understood that said invoices are correct, GIGA4 not accepting any claim after said period.
The Client gives his express consent for GIGA4 to make the invoices available to him electronically and via telematics.
6.3 Form of Payment
Unless otherwise indicated in the Particular Conditions of Contract, the Client will make the payment within eight (15) days following the issuance of the invoice, through the agreed means of payment.
In case of return, delay or non-payment of receipts, GIGA4 may totally or partially suspend the Services.
7. Duration and Termination
Unless otherwise indicated in the Particular Conditions, the contractual relationship between GIGA4 and the Client will enter into force on the same day that the Contract is accepted or from when GIGA4 proceeds to activate the contracted Service, whatever the first to take place.
In the case of specific services, it will have the duration of the provision of the service and with the conditions established in the particular conditions.
In the case of recurring services, their initial duration will be the one established and, once the initial duration period has ended, the Service will be automatically and tacitly extended for successive periods equivalent to the initial contracted duration period, unless the contract is terminated according to the indicated terms. in Clause 7.2 (Termination) or cancellation is requested according to the terms indicated in Clause 7.3 (Notice).
These Conditions of Contract, in relation to each of the Services that, in each case, is applicable, will end for the reasons admitted both in the Civil Code and in the Commerce Code and, specifically, for the following: ) by mutual agreement between the parties expressly stated in writing and (b) by early resolution of the Contract Conditions in accordance with the terms and conditions that are developed in the following clause. In any case, the termination of the contractual relationship will not exonerate the parties from compliance with the pending obligations.
Notwithstanding the power to terminate the contractual relationship established in the previous paragraph, GIGA4 may withdraw or suspend at any time and without prior notice the provision of Services to the Client in the event that it considers that the latter carries out activities that affect to other customers and/or jeopardize the integrity of GIGA4’s infrastructure and/or services by breaching any of the obligations assumed by it under the Contract, being able to request, where appropriate, compensation for early cancellation provided in Clause 7.3 (Pre-notice) of these General Conditions and the payment of damages that could be incurred as a result of non-compliance.
The Client may terminate this Contract provided that they notify GIGA4 of their desire not to continue with the services by sending an email to email@example.com
In the event that the cancellation request is received with an advance equal to or less than five (5) days from the end date of the last billed period, an invoice will be issued for an additional billing period and the service will continue active until the end of the period. said period.
In the Services provided by GIGA4 to the Client that entail for GIGA4 the making of investments and the need to have costs committed to third parties, in the event that the Client terminates the Contract by failing to comply with the minimum period of permanence or the duration indicated in the Particular Conditions of Contract, the latter will be obliged, as compensation or for early cancellation, to (i) pay GIGA4 the agreed Price of the Services, that is, the remaining installments until the end of the minimum period of permanence that would have been paid by the Client in case of not having urged early cancellation and; (ii) reimburse GIGA4 for any bonus or discount that could have benefited from the signing of the Contract.
7.4 Other causes of Termination
Notwithstanding the foregoing, the Parties may terminate the relationship at any time, in the event that the other party: (a) seriously or repeatedly fails to comply with the obligations assumed in this document; (b) enters into voluntary or mandatory liquidation (excluding any reorganization or merger) or receivership or bankruptcy proceedings; (c) enters or decides to enter into some type of legal business or procedure whereby all or a significant part of its assets pass to the benefit of its creditors in general, or of some in particular; (d) a court agrees to its liquidation and/or dissolution, and/or a judicial administrator or other similar position is appointed in relation to all or some part of its assets or patrimony and (e) in the event of any of the causes provided for in the laws.
8. Service Guarantees
8.1 Quality of Service
GIGA4 undertakes to make every effort to maintain an acceptable level of compliance with its contractual obligations, without prejudice to the fact that GIGA4 cannot guarantee, explicitly or implicitly, the continuity of the Services at any given time given the current state of the art. . In the event of non-compliance with the Service quality commitments, for reasons attributable exclusively to GIGA4, the Client will have the right to be compensated with the proportional amount of the service not provided.
These compensations replace any other compensation derived from the malfunction, interruption, failure or breakdown of the Services that may correspond to the Client and will fully settle any losses of the Client.
8.2 Harmful Codes
GIGA4 does not guarantee the absence of any foreign elements that may cause alterations in the Client’s computer equipment and applications or in the electronic documents and files stored or transmitted from it. GIGA4 expressly declines any responsibility in relation to the introduction into the Client’s equipment, systems, or software of materials unrelated to GIGA4 that contain a sequence of instructions or indications, which may cause harmful effects to the Client’s data or computer system.
9. Liability Regime
9.1 General Regime
Unless these Contract Conditions or the Law expressly imposes the contrary and, exclusively, to the extent and extent to which it is imposed, GIGA4 will only be liable for direct damages suffered by the Client, and only when they have been caused directly by GIGA4. GIGA4 will be exonerated from any type of responsibility towards the Client, its users and third parties in the cases in which the anomalies are due to actions or omissions directly attributable to the Client, its users, contractors, tenants, representatives, assignees, employees or personnel who depends on it or is at its service, or any third party,
Except in cases of willful action, GIGA4 will not be responsible for damages, loss of business, income or profits, consequential damages, loss of profits or business opportunities, cost savings and disappearance or deterioration of data.
GIGA4 will not be in any case responsible for: (a) the costs, fines, sanctions, indemnities, charges, damages or fees derived as a consequence of the Client’s breach of its obligations; (b) the content, use and publication of the information and communications distributed through the Services as well as the use and results obtained from the Services by the Client and its users; (c) the Customer’s violation of any rule that may be applicable to causes or in relation to the use of the Services. The Client is and will be solely responsible for: (a) the use made of the Services provided; (b) full compliance with any rule that may be applicable due to or in connection with the use of the Services, including, but not limited to, the rules of use of the Services provided, the provisions on data protection, international communications, export of technological information, protection of consumers and users, confidentiality, secrecy of communications and right to privacy. In this sense, the Client undertakes to adopt the appropriate measures to avoid any illegitimate interference in the privacy of natural or legal persons that entail a violation of the right to honor of third parties.
The Client who has contracted the domain name service accepts that GIGA4 will not be responsible, in any case, for: (a) direct or indirect damages that could be caused to the Client or to third parties and that were due to the use of the name of domain object of the contract; delays in access or interruptions in access to the GIGA4 registration system; the non-delivery or error of delivery on time of the data between the Client and GIGA4, including the additional necessary documentation, if necessary; Force Majeure; the processing of this request; processing of any Registry modification associated with the domain name; the non-payment by the Client or his Agent of the rates specified by GIGA4 for contracting the service; the application of the established Dispute policy, if applicable, in the specific conditions applicable to each of the contracted extensions; (b) GIGA4 will not be responsible for any loss or damage caused to the Client or to a third party due to the actions of the Registry entity in the provision of its registration services, such as (without being limited to) errors in the domain registration. . The Client exonerates GIGA4 from responsibility for this concept, without prejudice to exercising against the Registry entity the liability actions that derive from its actions. such as (without being limited to) errors in the domain registration. The Client exonerates GIGA4 from responsibility for this concept, without prejudice to exercising against the Registry entity the actions of responsibility that derive from its action. such as (without being limited to) errors in the domain registration. The Client exonerates GIGA4 from responsibility for this concept, without prejudice to exercising against the Registry entity the actions of responsibility that derive from its action.
GIGA4 is completely unrelated to, does not intervene in the creation, transmission and does not exercise any kind of prior control or guarantee the legality, infallibility and usefulness of the content transmitted, disseminated, stored, received, obtained, made available or accessible through or through the Services, declining any responsibility that may arise from it. In order to prevent and prosecute infractions in which GIGA4 may be declared subsidiary civil liability, the Client expressly authorizes GIGA4 to provide the data and access to the content that is required by the competent authority, as well as by law enforcement. State security, in the course of a police investigation. The Client is solely responsible for any legal, judicial or extrajudicial claim or action,
In all other cases, with the exception of willful breach, the liability of GIGA4 derived from these Conditions of Contract will be limited to the sum of all amounts paid by the Client during the last twelve (12) months preceding the production of the event. causing the damage, both for each incident and for the sum of all the incidents that occurred in said period.
9.4 Customer Liability
The client accepts and agrees, to the extent that it is applicable to the contracted Service(s), that: (a) the information transmitted or stored in any of its forms through the contracted Service belongs to the Client for all purposes , who will be responsible to third parties for the content of said information. In this sense, the Client undertakes to hold GIGA4 harmless from any claim that, for these reasons, could be deduced against it by third parties. For these purposes, the Client acknowledges the right of GIGA4 to cancel and/or delete the content at its discretion; (b) it will be the Client’s responsibility that the download of data and/or any material from the server may cause damage to the computer system or loss of data; (c) the information or services that the Client provides will not imply a violation of the fundamental rights and public liberties recognized by the Spanish Constitution and by the rest of the current Legal System, in particular, what is established in the legislation on the rights of consumers and users and the protection of children and youth. Thus, the Client undertakes to hold GIGA4 harmless from any claim that, for these reasons, could be deducted from it; (d) it will be the Client’s responsibility to obtain authorization from third parties for the hosting and dissemination of third party information associated with the domain name that, if applicable, has been contracted; (e) in particular, the Client will be responsible for: (i) The use for illegal purposes of the service or any of the elements that comprise it; (ii) The transmission or dissemination of materials or content that violate current legislation and the publication of materials that do not have the necessary licenses and/or permits in accordance with the legislation on industrial or intellectual property rights; (iii) provide the additional information required by the registrar of each domain extension, when you have contracted this Service. This information will only be valid as long as it is provided within the period of time and by the means that GIGA4 has established. (ii) The transmission or dissemination of materials or content that violate current legislation and the publication of materials that do not have the necessary licenses and/or permits in accordance with the legislation on industrial or intellectual property rights; (iii) provide the additional information required by the registrar of each domain extension, when you have contracted this Service. This information will only be valid as long as it is provided within the period of time and by the means that GIGA4 has established. (ii) The transmission or dissemination of materials or content that violate current legislation and the publication of materials that do not have the necessary licenses and/or permits in accordance with the legislation on industrial or intellectual property rights; (iii) provide the additional information required by the registrar of each domain extension, when you have contracted this Service. This information will only be valid as long as it is provided within the period of time and by the means that GIGA4 has established.
10. Fortuitous events and Force Majeure
None of the parties will be responsible for the delay in the execution of their obligations or for the non-execution of the same (except for the non-payment to the other party) if this non-compliance was motivated by fortuitous events or reasons of force majeure, in accordance with the provisions of article 1105 of the Civil Code.
This circumstance will be communicated to the other party in the shortest possible time. The agreed delivery times will be extended by at least the period of time that the force majeure event lasted. If the cause of force majeure lasts for more than three (3) months, either party may terminate these Contract Conditions, without prejudice to compliance with the payment obligations due up to the previous date. The fortuitous cause or events of force majeure, as well as the termination of the Contract Conditions based on the previous ones, will not exonerate the Client from the fulfillment of the payment obligations pending until the date of interruption of the Services.
11. License and intellectual property
GIGA4 grants the Client a non-exclusive and unlimited license to use and modify the software developed by GIGA4, in accordance with the terms and conditions established in this contract.
When the software is a work derived from WordPress, it is compulsorily and automatically licensed as GPL, which implies that any user has, among others, the rights to: execute, modify and distribute the software, as long as it complies with the conditions established in the GPL.
GIGA4 will not be responsible for any infringement or breach of the GPL license by the Customer.
11.2 Intellectual Property
Each of the parties acknowledges the ownership of the other or of any other third parties with respect to all their intellectual and industrial property rights, and other similar rights over elements, technology, know-how, trademarks, logos and any other element, creation , invention or distinctive sign of his property.
The Client acknowledges and accepts that the license to use the software does not imply the transfer of any intellectual property rights and undertakes not to carry out any act that infringes the intellectual property rights of GIGA4.
12. Confidentiality Agreement
Without prejudice to what the applicable Law provides in relation to the disclosure of these Conditions of Contract to the competent authorities, the parties assume the strictest duty of confidentiality regarding the content of the conversations, negotiations and actions related to its object, agreeing not to disclose, in whole or in part, its content to third parties without the prior written authorization of the other parties.
Notwithstanding the foregoing, the Parties may disclose said information to the companies of their same business group, employees and collaborators, organizations and independent consultants who need to know such information and agree to keep the confidentiality in terms as strict as those provided by means of of this document.
Additionally, GIGA4 undertakes to comply with the provisions regarding confidentiality in the following clause in cases in which it can be considered in charge of processing personal data.
This clause will remain in force after the resolution or extinction of this Contract or any of the Services provided for in it.
13. Personal Data
Data as a customer
Data that you transfer to us as data controller for the provision of the service
You can consult our data transfer contract model from the data controller to the data processor at https://giga4.team/contrato-responsable-del-tratamiento-de-datos/
All notifications or other communications to be made under this document must be made in writing (sent by email), and may be directed by GIGA4 to the attention of the contact persons indicated in the Service request, or to those who are indicated as subsequently authorized contacts by the Customer.
The Client may not assign, transfer, encumber or subrogate this contractual relationship in favor of third parties, nor the rights and obligations derived from it, without the prior written consent of GIGA4. In any case, the Client who gives up his contractual condition will be jointly and severally liable with the assignee for all the obligations derived from the Contract Conditions, including the formalization of the appropriate guarantees.
GIGA4 may assign this document, or any of the rights or obligations arising from it, to third parties without prior notification or communication to the Client being necessary for this purpose.
GIGA4 may contract and/or subcontract with third parties everything it deems appropriate in relation to the performance by them of any or all of the activities necessary for the maintenance, updating, improvement or provision of the Services.
In the case of processing personal data, the provisions of the previous clauses will apply.
17. No-Resale of Services
Unless there is a Distribution Contract between the Client and GIGA4, it is expressly prohibited for the Client to resell or authorize third parties outside the client’s business organization, the total or partial use of the contracted services.
All taxes accrued on occasion or as a consequence of this agreement will be paid in accordance with the Law.
It will be the exclusive responsibility of each one of the parties to contract the corresponding insurance that guarantees the possible responsibilities that derive from the Contract Conditions and their breach.
20. Modification of the Services
GIGA4 reserves the right to unilaterally modify the presentation, configuration and operation of the Service, as long as said modification does not affect the functionality or the Service commitments acquired, nor does it imply any increase in the agreed prices.
When GIGA4 introduces any modification that implies an increase in the agreed prices or the conditions provided in these Conditions or the Particular Conditions applicable to the Service, it will proceed to notify the terms of the modification and the price variation one (1) month in advance. to the date on which the modification is to be effective. In the aforementioned notification, GIGA4 will inform the Client of his right to terminate this contract without penalty in the event that he is not satisfied with the proposed modifications.
21. Applicable Legislation and Competent Jurisdiction
The agreements and Clauses that make up this Contract will be interpreted and governed by the applicable Spanish Law.
The parties agree to submit for the resolution of conflicts arising from the interpretation, application or fulfillment of these General Conditions to the Courts of Granada, expressly waiving the jurisdiction that may correspond to them.
When the Client is considered a Consumer, the Client may choose between the previous jurisdiction and the Courts of his domicile.
When the Client is considered a Consumer as established by Law 3/2014, of March 27, which modifies the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, GIGA4, in how many issues arising from the interpretation, application or compliance with these General Conditions, is expressly submitted for resolution to consumer arbitration, committing to comply with the final award that could be issued.
The terms and conditions that are included in these General Conditions will be applicable with respect to the Particular Conditions that do not have provisions to the contrary. In the event of a contradiction between the terms stated in these General Conditions and the Particular Conditions, the conditions agreed in the latter instruments will always prevail. If there are several Particular Conditions regulating the same type of service, the one with the most recent date will always and in any case prevail.
If any clause of these Conditions of Contract is declared null or void, in whole or in part, by any court, the remaining stipulations will remain valid, unless the Parties mutually agree to terminate the agreement. The agreements, clauses and conditions that make up this document constitute the formal and definitive expression of the declaration of will of the Parties, and must be interpreted by each other, attributing to the doubtful the meaning derived from the group of all.
Any documents or statements, whether verbal or written, prior to its entry into force, will be considered definitively repealed.