General Terms and Conditions of Contract

The present General Contracting Conditions, together with the Specific Conditions that may be established in each case, regulate the service provision relationships that arise between SOLUCIONES CORPORATIVAS IP, S.L. (hereinafter, identified by the commercial brand "DonDominio"), and those third parties who electronically contract the services that DonDominio offers under the domain and/or subdomains of "dondominio.com", (hereinafter, the "Services").

SOLUCIONES CORPORATIVAS IP, S.L., is a trading entity with registered office at C/ Menestrals, 14, CP 07500 Manacor, Illes Balears, (Spain), Sociedad de Responsabilidad Limitada incorporated for an indefinite period in Palma de Mallorca before Notary D. Víctor Alonso-Cuevillas Sayrol and registered in the Commercial Registry of Baleares, Volume 2120, Folio 0, Book 173, Page PM-50105.

These General Conditions may refer to a "party" or to the "parties" to designate individually or jointly to DonDominio and the Client. For all purposes, Spanish will be considered the official language of these General Contracting Conditions as well as the Specific Conditions that in each case be applicable. These General Contracting Conditions and the Specific Conditions that in each case be applicable will be permanently available on the website www.dondominio.com.

1. Acceptance of General and Specific Conditions.

1.1. The activation of the "Pay Purchase" button both through the DonDominio website and from the Control Panel, attributes you the condition of "Client" and expresses your full and unreserved acceptance of these General Contracting Conditions and the Specific Conditions of the Services requested, in the version that DonDominio makes available to you electronically before the activation of the cited button.

1.2. We request that, before hiring any of the services we offer on this web, you read carefully the Specific Conditions of the service of your choice, including the technical, operational, and functional characteristics of the services, as well as the fees applicable in each case.

2. Purpose and scope of contracting.

2.1. These General Conditions regulate the contractual terms of the provision of the Services and the consideration owed by the Client to DonDominio, as well as the use of the Services by the latter. The provision of the Services will be carried out through the obtainment, disposition, organization, employment, and management by DonDominio of the necessary technical, human, and operational resources for this purpose and always as consideration at the prevailing prices at each moment.

2.2. DonDominio provides hosting or storage services (Hosting) for web pages and communications (email), mediation services for domain name registration, and provision of SSL security certificates. Unless otherwise expressly stated, all Services offered by DonDominio will be governed by the General Conditions contained herein and the Specific Conditions that may apply to each of the Services.

2.3. The mediation services for the registration of domain names will be subject to the 'ICANN Registration Data Policy', in force as of 21-02-2024, and to the Specific Conditions that develop it.

3. Contracting.

3.1. The Services may be contracted by legal entities and adults. In the case of a legal entity, the Services must be contracted by an attorney-in-fact or a legal representative of the company, duly authorized. In the case of individuals, they must prove their age of majority.

3.2. The Client is responsible for ensuring that the data provided in the registration or contracting process of the Services is truthful and accurate, committing to communicate to DonDominio any modification or inaccuracy of the same, especially the information necessary for the management of the contracting made. The Client may at any time, from the control panel associated with their user account, modify the data provided.

3.3. DonDominio reserves the right to accept or reject any contracting if it finds that the data provided is false or inaccurate, the request may damage the image of DonDominio or the applicant has pending payment for any other service previously contracted with DonDominio.

3.4. The contracting will be considered accepted by DonDominio when the applicant receives confirmation of it or when DonDominio activates the contracted Services.

4. Rights and Obligations of DonDominio.

4.1. DonDominio undertakes to provide the Services in accordance with the terms established in the Contracting Conditions and to have the necessary technical means to guarantee the uninterrupted provision of the Services.

4.2. Similarly, DonDominio will endeavor to activate the Services at the time and conditions agreed in the Specific Conditions applicable to them, but will not be responsible for circumstances or events beyond its control, such as delays or malfunctions attributable to third-party operators, acts, or omissions of authorities or regulatory bodies both national and international, and acts of God or force majeure.

4.3. Furthermore, DonDominio will have the right to charge the Client for the provision of the Services; to demand from the Client, at any time, the delivery of a guarantee or the making of a bank deposit in order to guarantee the obligations assumed by the Client during the term of the Service contracting conditions, to make changes or technological improvements to the Services provided and to interrupt them in order to undertake all tasks it deems necessary and/or convenient for the purpose of making improvements and/or restructuring in the same, as well as to perform maintenance operations, which will be notified to the Client, to the extent possible and with reasonable notice.

5. Rights and Obligations of the Client.

5.1. The Client will have the right to use the contracted Service under the terms and conditions assumed in the Contracting Conditions.

5.2. Right of Withdrawal: In relation to what is provided in Spanish regulations for the defense of consumers and users and Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011, on consumer rights, the Client is informed, and the Client expressly accepts that, given the characteristics of the contracted services and the automated procedures used, there is simultaneity between the service request and the commencement of contract performance, as well as a personalization of the same (choice of domain name). In this sense, once DonDominio has commenced the performance of the service in question, the Client will not be able to opt to withdraw from the contracting made, without prejudice to what could be indicated otherwise in the Specific Conditions of each service.

5.3. Obligations of the Client:

a) To comply punctually with the payment obligations in accordance with the terms and conditions agreed for each Service.

b) To collaborate diligently with DonDominio, providing, when appropriate, the necessary data and technical information for the adequate provision of the Services.

c) To observe and respect all internal rules established by DonDominio for the use of its facilities and resources and the general use policies and conditions applicable to the set of Services, published in Legal Notices, whose acceptance is understood to be incorporated into this contract by express referral.

d) To refrain from using the Services for illegal or prohibited purposes, to carry out activities contrary to the laws, morals, or public order, or that infringe upon rights and interests of third parties, exonerating DonDominio from all responsibility that could derive from such conduct.

e) To keep updated, through the Client Area, the information required by the ICANN's Registration Data Policy (RDP) and to respond within a maximum period of fifteen (15) calendar days to any reasonable request from the Registrar regarding the accuracy of said data.

6. Price, Billing, and Payment of Services.

6.1. As consideration for the Services provided, the Client will pay DonDominio the amount resulting from applying the prices indicated at each moment on www.dondominio.com/es/ (VAT Not Included). The Client must also pay DonDominio the amounts that arise from the use the Client makes of the Services that exceed the storage capacity, transfer/connectivity, backup, etc., initially contracted.

6.2. The billing of the Services will start, indistinctly, the day DonDominio accepts the contracting or the effective activation of the contracted service occurs. Billing will be charged to the Client in accordance with the set prices and/or with their reviews that may be applicable.

6.3. The Services will be billed annually and in advance in the cases of activation and renewal fees of the services, and punctually when they occur, in the cases of excess capacity or contracted transfer, in accordance with the provisions of the Specific Conditions of each service.

6.4. Non-Payments: In case of return, delay, or non-payment of bills, DonDominio may suspend, at any moment and without prior notice, totally or partially the Services. Likewise, every expired and unpaid invoice will accrue, from the date it should have been paid, a late interest at the legal reference rate plus two (2) percentage points.

7. Duration and Termination.

7.1. Duration: Unless otherwise indicated in the Specific Conditions of each service, the contractual relationship between DonDominio and the Client will enter into force, indistinctly, the day DonDominio notifies the Client of the acceptance of the contracting or the day DonDominio proceeds to activate the contracted service, and will have the initially defined duration in the Specific Conditions of each Service from their activation.

7.2. Before the end of the initial duration period, the Client must proceed to renew the Services it has contracted, prior communication in this sense by DonDominio, unless the contract is resolved according to the terms provided in these Conditions or a cancellation is requested.

7.3. Without prejudice to the foregoing, the Client who wishes to migrate the contracted Service to a higher-level plan or rate may do so at any moment, merely communicating in this sense to DonDominio.

7.4. Termination: These Contracting Conditions in relation to the Specific Conditions of each of the services that are applicable will end for the causes admitted both in the Civil and Commercial Codes and, specifically, for the following: (i) by mutual agreement between the parties expressed in writing and, (ii) by the early termination of the Contracting Conditions whenever the Client communicates to DonDominio in writing, through its Client Area, its intention not to continue with the services.

7.5. In any case, the termination of the contractual relationship will not exonerate the parties from fulfilling pending obligations if any.

7.6. Notwithstanding the above, the Parties may terminate the relationship at any time, in the event the other party: (i) seriously or repeatedly breaches the obligations assumed in this document; (ii) enters liquidation or voluntary or compulsory bankruptcy; (iii) if any other circumstance provided in the laws occur.

7.7. If CLIENT's breach is cause for contract termination, DonDominio reserves the right to terminate this contract early and, therefore, to dispossess the CLIENT of the contracted product without prior notice and without the CLIENT having the right to compensation or refund of any amount.

7.8. In the event of contract resolution or rescission, due to the above-cited causes or any others admitted by law, the CLIENT must fulfill the obligations assumed prior to the contract resolution against DonDominio and third parties.

8. Liability Regime.

8.1. DonDominio will be liable only for the direct damages suffered by the Client that have been directly caused by DonDominio. DonDominio will be exonerated from any type of responsibility towards the Client or third parties, for actions or omissions directly attributable to the Client in the use of the Services. Except for cases of deliberate misconduct by DonDominio, it will not be liable for damages, business loss, income or profits, consequential damage, loss of opportunity, or business opportunities.

8.2. DonDominio will not be responsible for problems arising from the lack of access or connectivity to the Internet or the power grids when they had their origin in causes beyond its control or that could not have been reasonably foreseen, or that were considered acts of God or force majeure.

8.3. In any case, the liability of DonDominio derived from these Contracting Conditions will be limited to the sum of all the amounts paid by the Client during the six (6) months preceding the incident causing the damage.

8.4. DonDominio is completely unrelated and does not intervene in the creation, transmission, or availability, nor exercises any kind of prior control nor guarantees the legality of the content transmitted, stored, disseminated, obtained, made available, or accessed through the Services, declining any responsibility that may arise from it.

8.5. In order to prevent and prosecute violations where DonDominio may be declared subsidiarily civilly liable, the Client expressly authorizes DonDominio to provide the data and access to the content or Services when requested by the police, judicial, or administrative authority during any investigation or proceeding.

8.6. The Client is solely responsible for any claim or legal action, judicial or extrajudicial, initiated by third parties against either the Client or DonDominio related to the infringement of third-party rights and/or applicable regulations deriving from the use of any form of the Services by the Client, assuming all expenses, costs, and indemnities incurred by DonDominio due to such claims or legal actions.

8.7. The Client will be solely responsible for the use of the Services, for full compliance with any rule that may be applicable in relation to the use of the Services, including, but not limited to, the Data Protection regulations, consumer and user protection, advertising, confidentiality, confidentiality of communications, and the right to privacy. In this sense, the Client is obliged to take appropriate measures to avoid any illegitimate interference in the privacy of physical persons or violation of the right to the honor of third parties.

8.8. The Client guarantees and is responsible against third parties that the information transmitted or stored in any of its forms through or in the contracted Services belongs to the Client or has the right or authorization of the third-party owners to use it in or through the Services. In this sense, the Client commits to leaving DonDominio harmless from any claim that, for these reasons, could be deducted.

8.9. The Client will be responsible for the use of Services for unlawful purposes, for the transmission or dissemination of material or content that violates current legislation, and for publishing content or material that does not have the licenses and/or permissions necessary under the intellectual or industrial property rights legislation. For these purposes, the Client acknowledges DonDominio's right to delete, cancel, suspend, or block access to the aforementioned materials.

8.10. FORCE MAJEURE: None of the parties will be responsible for the delay in executing their obligations, nor for non-compliance with them (except for non-payment to the other party) if this breach was motivated by acts of God or reasons of force majeure, according to the provisions of article 1105 of the Civil Code. This circumstance will be communicated to the other party as soon as possible. Fulfillment deadlines will be extended at least for the period of time that the force majeure cause persists. If the force majeure cause extends for more than three months, either party may resolve these contracting conditions without prejudice to the fulfillment of payment obligations due up to the previous date.

8.11. The act of God or force majeure events, as well as the termination of the contracting conditions based on the above, do not exonerate the CLIENT from completing pending payment obligations until the date of service interruptions.

9. Modifications.

9.1. DonDominio reserves the right to modify the characteristics and conditions of its products and services, improving, expanding, and adapting them to the technical innovations occurring, as well as to DonDominio's technical and/or organizational, management, and administration needs.

9.2. When these modifications affect the provision of the service or its technical and/or economic conditions, they will be communicated to the Client via notices in the Client Area or Control Panel and on the DonDominio website. Such modifications will be incorporated into the Contracting Conditions of the corresponding product or service and will also be notified in writing to the Client, who will have a period of fourteen (14) calendar days to, if applicable, unilaterally resolve the affected General and/or Specific Conditions and obtain a proportional refund of the periodic fee paid. After this period without contrary communication, the modifications will be deemed fully accepted by the Client.

9.3. Modifications imposed by regulatory changes (ICANN or other authorities). DonDominio may adapt the content of these General Conditions and the Specific Conditions whenever necessary to comply with policies, norms, or requirements dictated by the Internet Corporation for Assigned Names and Numbers (ICANN) —including, but not limited to, the Registration Data Policy and its future revisions—, or by any legal or regulatory provision applicable. Such adaptations will be communicated to the Client with a minimum advance of fourteen (14) calendar days, by prominent publication on the DonDominio website and/or individual notice sent to the email address registered in the Client Area. If the Client disagrees with the modification, they may resolve the contract without penalty before the effective date of the new wording. Continuing the use of the Services once this period has expired shall constitute express acceptance of the modifications.

10. Intellectual and Industrial Property.

10.1. DonDominio owns all intellectual property rights and all others related to the implementation and commercial exploitation of the contracted products and services.

10.2. Each party recognizes the ownership of the other or any third parties regarding all intellectual and industrial property rights, and other analogous rights over elements, technology, know-how, trademarks, logos, and any other element, creation, invention, or distinctive signs of their property.

11. PERSONAL DATA PROTECTION POLICY.

11.1. Concerning the personal data that the Client provides to DonDominio for the contracting and economic management of the Services and queries or communications of any kind related to their management, the Personal Data Protection Policy published in the Privacy Policy will apply.

11.2. When the Client contracts a domain name, DonDominio will act about the data listed in Annex I of the Registration Specific Conditions (CPD) in terms provided in RDP. These data: (i) will be transferred only to the competent registering entity and, where appropriate, to registry operators outside the EEA based on Standard Contractual Clauses 2021/914/EU; (ii) will be published in the RDDS, limited to mandatory fields; (iii) will be retained for 15 months after the domain's cancellation or transfer; (iv) any disclosure of non-public data will be governed by the procedure in Annex II CPD.

12. Jurisdiction and applicable law.

12.1. All disputes, discrepancies, controversies, questions, or claims resulting from the interpretation, execution, non-compliance, resolution, or nullity of these General Contracting Conditions or related to them, as well as the Specific Conditions of each service, directly or indirectly, will be resolved applying Spanish law.

12.2. Both parties will do everything reasonably necessary to try to resolve conflicts amicably, however, subsidiarily and if necessary, the parties submit, with express waiver to any other jurisdiction that might apply, to the Courts and Tribunals of Manacor (Balearic Islands) if the Client were a legal person; and to the Courts and Tribunals corresponding to the Client's domicile in cases where it can be considered a consumer or user according to Spanish law.

12.3. As a prerequisite to the commencement of litigation, DonDominio and the Client agree to negotiate in good faith to resolve the dispute or controversy for one (1) month from the date one party notifies in writing to the other their potentially litigious claim.