Service and Usage Agreement

TERMS OF USE

Digiocio is a trademark of Worktocloud, S.L. for the offer of Hosting and Web Services products.

Digiocio, provides all services exclusively based on these terms and conditions. This applies in particular even if the customer uses the terms and conditions and these conflict or differ from the terms and conditions listed here. In addition, the conditions of use established by Digiocio are exclusively valid on this site.

The access and use of the services of the website digiocio.com, suppose the complete and total acceptance of the conditions that are exposed here by part of the user, and this being the person responsible for the breach of the same. Responding as appropriate in the right of the breach or misuse of the same or of the applicable legislation of any field and location, responding to third parties and also to the legitimate owners of this Web domain for damages of any kind that a misuse of the User It could cause them. Given the above, the conditions of the mentioned website are established based on the parameters:

Spanish Language:
The default language used in Digiocio will be Spanish.

User of legal age and legally qualified:
User is any person over 18 years of age and legally empowered to enter into contracts that accesses Digiocio. The User is solely responsible for having sufficient legal capacity and other considerations that may exist to register on the WEBSITE.

Services:

Digiocio may modify the Terms of Use taking into consideration the legitimate interests of the client and within a notice period. If the client does not oppose the change within a period established by Digiocio, the change will be considered approved. Digiocio informs the client in the notice of change that the change will take effect if the contrary is not declared within the established period.

Digiocio will send the necessary information on the contracted products to the client's email address. It is the customer's responsibility to provide a valid email address.

Digiocio periodically performs maintenance tasks on its network security, network integrity, service interoperability and data protection systems. To this end, you can temporarily suspend or restrict your services. Only for important reasons. In the event of a prolonged temporary suspension of the configuration or power restriction, Digiocio will inform the client in advance of the nature, scope and duration of the deterioration, provided that this is objectively possible in such circumstances and its corresponding notification.

In order to guarantee the security and confidentiality of the systems, networks, programs, applications and data of Digiocio and third parties, Digiocio may disable or modify programs, applications, scripts, Apps, files and links in whole or in part, including the implementation of updates. and bring to a new version.

To the extent necessary and reasonable, the customer is involved in a change, for example entering new access data or simply changing their systems. The transfer of use of servers (in whole or in part) to anonymous third parties is prohibited. The monthly contracting services will generate the invoice 10 days before the renewal date. The services of other periods will generate the invoice 30 days before the renewal date. Invoices pending payment will have from their issuance within the term previously stipulated in this contract, up to 5 calendar days after the date of completion/renewal of the service, to settle the debt. Otherwise, the automatic suspension of the service will proceed and if, in an additional 10 calendar days, the entire invoice has not been paid, the cancellation and final deletion of all the services linked to the unpaid items on the related invoice will be carried out. The orders corresponding to new contracts and that are in a pending payment status, only attended and paid. Otherwise, after this limit they will be canceled and deleted. All accounts must be verified with an email, and with a personal identification document such as (DNI, NIE, PASSPORT OR CIF in the case of a company) and date of birth. Otherwise, if in 10 days from its creation the data has not been entered, the created account will be deleted. Once an account is created or if you already have an account and no service is contracted, said account will be deleted after 10 days.

Links to other web pages:
Digiocio does not guarantee nor is it responsible for the contents to which links to other web pages other than Digiocio may be published on the site by any user. The user is responsible for any consequence that may result from entering a link not guaranteed by Digiocio.

Copyright and licenses:
Digiocio will have the right to block the internet presence of the site, in which the content or software of the web page construction kit, used in Digiocio Panel, is used. Whenever this is used without a license or for illegal use, any other software or script distributed from the digiocio.com portal or associated partners will also be included in this acceptance.
Confidentiality of information:
It is the responsibility of the users to use confidentiality appropriate to the Spanish Data Protection legislation of all the information they receive from our company through the different communication channels and regardless of its automatic nature or by some employee. Digiocio is not responsible for a bad confidentiality on the part of the users.
Copyright:
Digiocio is protected by copyright and all content present on the Portal belongs to Digiocio and copying or reproduction by any user is prohibited.

Digiocio may stop providing its services without prior notice, without compensation or rights of any kind. As well as the right of deletion, Digiocio reserves at all times the right of total or partial, permanent or temporary modification of any service offered by it.

Obligations of the client:
The customer is obliged to provide the necessary data completely and correctly and to notify changes immediately. Applicable with address data, bank details, email address, identification data (DNI, NIE, PASSPORT) and date of birth.

The customer agrees to change the assigned passwords immediately. You are responsible for choosing and using secure passwords for all services and accesses, and that they are used exclusively for a single service or access on Digiocio. He is responsible for choosing strong passwords and keeping them secret. You are obliged to pay for the services that third parties use or order through your access data and passwords.

The client must configure its systems, programs, applications, scripts, Apps, files, links and other components in accordance with current best practices or industry standards for information security, to ensure security, confidentiality, availability, integrity and resilience of Digiocio's systems, networks, programs, applications, scripts, Apps, files and data.

For certain servers, the client only has administrator rights. Digiocio cannot manage these servers. Therefore, it is the customer's responsibility to install security software, regularly inform themselves of known security vulnerabilities, and to close known security gaps.

Customer must create backup copies of all data. If it is necessary to restore the data on the systems

The customer ensures that his/her domain(s) and its contents do not violate legal regulations or the rights of third parties.

The client also agrees not to offer any domain or content for recovery that is of an extremist nature (especially extreme right-wing, pornographic, erotic commercial, violent, glorifying violence, racist, discriminatory, harmful to minors, incitement to hatred, or domains or content that incites to commit crimes or provides instructions to commit them). This also applies if such content is accessible via hyperlinks or other connections that the customer makes available to third parties. The use of Digiocio's services for the distribution of malicious programs or abusive botnets, for the sending of spam or phishing messages, for trademark and copyright violation, piracy, fraudulent or deceptive practices, counterfeiting or any other behavior contrary to applicable law. The customer has an agreement with Digiocio for order processing according to Art. 28 DSGVO as soon as Digiocio processes the personal data on his behalf.

Cancellation and/or refund of card charge:
If a card payment is canceled or returned, Digiocio reserves the right to cancel the account.

The unjustified non-payment by the client, once the period of 15 days following the one in which the invoice was issued or the service was contracted, will produce, without prejudice to the resolving power, the accrual of a monthly interest of 4 percent of the amount owed from the date the invoice should have been paid until the moment the payment is made. In the event that there are discrepancies on one or more items of an invoice, the client will be obliged to make the payment of those items on which there are no such discrepancies.

Intellectual Property Rights:
Digiocio is not responsible for violations of property rights. In any case, the person in charge will be the user involved and he will be responsible for the compensation that may be attributed to him.

Right to claim:

In any case, Digiocio reserves the right to take administrative and legal action against any User who breaches the contract that links him/her with Digiocio, or who, by virtue of this or any other cause, puts the integrity, assets or image of Digiocio at risk. for any reason attributable to the User.

Collection management:
For the management of collection in Digiocio, at any time you can establish the system that you deem appropriate. In any case and in the case of requiring sensitive data such as bank card data to process the payment, the same data will be treated strictly for the processing of the corresponding payment, without Digiocio storing such User data if the user does not. requests. The User accepts that Digiocio transfers this data to its payment and collection management provider, thus leaving the user's data subject to the rules of this provider and that can or could be found on its website.

Credit card:
Digiocio may require your credit card number to be able to make the corresponding charges for any contracted project, product or service. Digiocio will keep said information only if you require it to be able to make automated payments. Digiocio will use the security measures at its disposal to guarantee that the information is stored securely.

Prices in euros:
All prices and references to monetary amounts will be in Euros.

Limitation of Indemnity:
The Digiocio User acknowledges and accepts that their responsibility is limited to the service and the conditions stipulated herein, and that in no case will they have anything to claim with Digiocio, for any dispute between users or in the provision of services between them. And in the case of being Digiocio who causes any direct damage to the user of any kind, the User acknowledges that Digiocio has in any case a limitation of responsibility with and for him of a maximum of the last monthly fee paid.

User errors:
Digiocio is not responsible for any damages that the user may suffer as a result of his mistakes or improper use of Digiocio's products or services.

Compliance with the Organic Law on Data Protection:
Digiocio guarantees at all times full and scrupulous compliance with the provisions of the legislation that is applicable to it regarding the protection of personal data and their privacy.

Account cancelation:
Digiocio reserves the right to reject the registration request of any new user or if it deems it convenient to cancel an existing one with all its associated data. At the same time, it reserves the right to block any user account that it considers suspected of violating these rules or contravening the law and reserves the right to limit or restrict the use of any functionality in whole or in part to any user.

Acceptance of the conditions:
Non-acceptance by the User of any of the conditions set forth herein makes it impossible for the User to use the services that Digiocio provides and is unauthorized to access or use them.

Guarantees on the operation:
Digiocio is not committed to the proper functioning, quality, availability, security or reliability of the services provided. Consequently, it does not assume any responsibility in case of failures in the service or in computer damage or of any kind that could be caused by the use of its services, beyond those of legal imperative that the legislation establishes where Digiocio (Spain) is located.

Right Fit:
In the event that any of the conditions stipulated herein does not conform to the law, it will lead to the nullity of the same, in no case to the nullity of the condition in general.

Relevant jurisdiction:
The parties in the event of a dispute in the interpretation and development of this condition agree to submit to the competent courts and administrative bodies of the city of Terrassa, in the country of Spain, thus renouncing any other jurisdiction that for any other cause or nature may or may correspond to them.