General Terms and Conditions of Contract

The present General Terms and Conditions, along with the Specific Terms that may be established in each case, regulate the service provision relationships arising between SOLUCIONES CORPORATIVAS IP, S.L. (hereafter referred to 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", (hereafter referred to as the “Services”).

SOLUCIONES CORPORATIVAS IP, S.L., is a corporate entity with registered office at C/ Menestrals, 14, CP 07500 of Manacor, Illes Balears, (Spain), a Limited Liability Company established for an indefinite term in Palma de Mallorca before the Notary D. Víctor Alonso-Cuevillas Sayrol and registered in the Mercantile Registry of Baleares, Volume 2120, Folio 0, Book 173, Page PM-50105.

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

1. Acceptance of General and Specific Terms.

1.1. Activating the "Pay Purchase" button through both the DonDominio website and the Control Panel assigns you the status of "Client" and expresses your full and unreserved acceptance of these General Terms and Conditions and the Specific Terms of the requested Services, in the version that DonDominio makes available to you electronically before the activation of the said button.

1.2. We ask you to carefully read the Specific Terms of your chosen service, including the technical, operational, and functional characteristics of the service, as well as the applicable rates in each case before contracting any of the services we offer on this website.

2. Purpose and scope of the contract.

2.1. These General Terms regulate the contractual terms of the provision of Services and the consideration owed by the Client to DonDominio, as well as the use of the Services by the Client. The provision of Services will be carried out through the acquisition, provision, organization, use, and management by DonDominio of the necessary technical, human, and operational resources for the purpose and always as compensation at the current prices at any time.

2.2. DonDominio offers hosting or storage services (Hosting) for websites and communications (email), mediation services for domain name registration, and provision of SSL security certificates. Unless expressly stated otherwise, all Services offered by DonDominio will be governed by the General Terms gathered here and the Specific Terms that may apply to each of the Services.

2.3. Mediation services for domain name registration will be provided subject to ICANN's 'Registration Data Policy', in effect from 21-02-2024, and the Specific Terms that develop it.

3. Contracting.

3.1. Services may be contracted by natural persons of legal age and legal entities. In the case of being a legal entity, the contracting of Services must be carried out by an authorized agent or legal representative of the company. In the case of natural persons, they must prove they are of legal age.

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 any modification or inaccuracy of them to DonDominio, especially the information necessary for the management of the contracted service. The Client may modify the data provided at any time from the control panel associated with their user account.

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

3.4. It will be understood that the contracting is accepted by DonDominio when the applicant receives confirmation of the same 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 Contractual Conditions and to have the necessary technical means to guarantee the provision of the Services uninterruptedly.

4.2. Similarly, DonDominio will attempt to activate the Services at the time and conditions agreed upon in the Specific Terms 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 national or international Authorities or control bodies, and fortuitous or force majeure events.

4.3. Furthermore, DonDominio will have the right to collect the price from the Client for the provision of the Services; to require the Client, at any time, to provide a guarantee or make a bank deposit to ensure the obligations assumed by the Client during the validity of the service contracting conditions; to introduce changes or technological improvements in the provided Services and to interrupt them to undertake all tasks deemed necessary and/or appropriate to carry out improvements and/or restructurings, as well as to perform maintenance operations, which will be notified to the Client as far as possible and with reasonable advance 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 Contractual Conditions.

5.2. Right of Withdrawal: In relation to the provisions in Spanish consumer and user protection regulations and Directive 2011/83/EU of the European Parliament and Council of October 25, 2011, on consumer rights, the Client is informed, and expressly accepts that, given the characteristics of the contracted services and the automated procedures used, there is simultaneity between the service request and the start of contract fulfillment as well as personalization of the same (domain name choice). In this sense, once DonDominio has initiated compliance with the provision of the service in question, the Client cannot opt to withdraw from the contracted service, without prejudice to any indication otherwise in the Specific Terms of each service.

5.3. Obligations of the Client:

a) Promptly meet payment obligations according to the terms and conditions agreed upon for each Service.

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

c) Observe and respect all internal rules that DonDominio establishes 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 the present contract by express referral.

d) Refrain from using the Services for illicit or prohibited purposes, to engage in activities contrary to the law, morality, or public order, or that infringe on the rights and interests of third parties, exonerating DonDominio from all responsibility that may arise from such conduct.

e) Keep updated, through the Client Area, the information required by ICANN's Registration Data Policy (RDP) and 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 any time on www.dondominio.com/es/ (VAT Not Included). The Client must also pay DonDominio the amounts that result from the Client's use of the Services that exceed the initially contracted storage, transfer/connectivity, backup, etc.

6.2. Billing for the Services will begin indiscriminately on the day DonDominio accepts the contracting or the effective activation of the contracted service. Billing will be charged to the Client according to the fixed prices and/or revisions thereof that were applicable.

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

6.4. Non-payments: In case of return, delay, or non-payment of receipts, DonDominio may, at any time and without prior notice, suspend, partially or completely, the Services. Furthermore, any overdue 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 Terms of each service, the contractual relationship between DonDominio and the Client will enter into force, indiscriminately, on the day DonDominio notifies the Client of the acceptance of the contracting or the day DonDominio proceeds to the activation of the contracted service, and will have the initially defined duration in the Specific Terms of each Service from their activation.

7.2. Before the end of the initial duration period, the Client must proceed to renew the Services they have contracted, upon communication to this effect by DonDominio, unless the contract is terminated according to the terms provided in these Conditions, or a request is made to unsubscribe.

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 time, by merely notifying DonDominio in this regard.

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

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

7.6. Without prejudice to all of the above, the Parties may terminate the relationship at any time if the other party: (i) repeatedly or seriously breaches the obligations assumed in this document; (ii) enters voluntary or compulsory liquidation or bankruptcy, (iii) in case of any other circumstance provided for by the laws.

7.7. If the CLIENT's breach were grounds for termination of the contract, DonDominio reserves the right to early terminate this contract and therefore to dispossess the CLIENT of the contracted product without prior notice and without the CLIENT being entitled to compensation or a refund.

7.8. In case of termination or rescission of the contract, for the reasons previously cited or any other admitted in law, the CLIENT must fulfill the obligations assumed before the termination of the contract against DonDominio and third parties.

8. Liability Regime.

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

8.2. DonDominio will not be responsible for problems derived from lack of access or connectivity to the Internet or electrical networks when these have their origin in causes beyond its control or could not have been reasonably foreseen, or that were considered as fortuitous or force majeure.

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

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

8.5. In order to prevent and pursue violations for which DonDominio may be declared a subsidiary civil liable, the Client expressly authorizes DonDominio to provide data and access to the content or Services when requested by the police, judicial, or administrative authority in the course of any investigation or proceeding.

8.6. The Client is solely responsible for any claims or legal, judicial, or extrajudicial actions initiated by third parties against both the Client and DonDominio regarding the infringement of third-party rights and/or applicable regulations that arise from the use in any form of the Services by the Client, assuming as many expenses, costs, and indemnifications are caused to DonDominio due to such claims or legal actions.

8.7. The Client is solely responsible for the use made of the Services, for the full compliance with any applicable rules regarding the use of the Services, including, but not limited to, Data Protection regulations, consumer and user protection, advertising, confidentiality, secrecy of communications, and the right to privacy. In this regard, the Client is obliged to take appropriate measures to prevent any illegitimate intrusion into the privacy of natural persons or violation of the honor of third parties.

8.8. The Client guarantees and is responsible to 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 from third-party holders to use it in or through the Services. In this regard, the Client agrees to indemnify DonDominio against any claim that, for these reasons, may be filed.

8.9. The Client will be responsible for the illicit use of the Services, the transmission or dissemination of materials or content that violate current legislation, and the publication of content or materials that do not have the necessary licenses and/or permissions according to industrial or intellectual property rights legislation. In this regard, the Client acknowledges DonDominio's right to delete, cancel, suspend, or block access to such materials.

8.10. FORCE MAJEURE: Neither party will be liable for delay in the execution of its obligations, nor for non-execution (excluding non-payment to the other party) if such default is due to fortuitous events or reasons of force majeure, in accordance with Article 1105 of the Civil Code. This circumstance will be communicated to the other party as soon as possible. Compliance deadlines will be extended for at least the period of time that the force majeure cause lasts. If the force majeure cause extends for more than three months, either party may terminate these contracting conditions, without prejudice to fulfilling the payment obligations owed up until the prior date.

8.11. The fortuitous cause or force majeure events, as well as termination of the contracting conditions based on the above, do not exempt the CLIENT from fulfilling pending payment obligations until the date the services are interrupted.

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 that occur, as well as to the technical and/or organizational, management, and administration needs of DonDominio.

9.2. When these modifications affect service provision or its technical and/or economic conditions, they will be communicated to the Client through notices in the Client Area or Control Panel and on DonDominio's own website. These changes will be incorporated into the Contractual 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, where appropriate, unilaterally terminate the affected General and/or Specific Conditions and obtain the proportional refund of the periodic fee paid. Once that period has expired without any communication to the contrary, the modifications will be understood as 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, rules, or requirements issued by the Internet Corporation for Assigned Names and Numbers (ICANN) — including, without limitation, the Registration Data Policy and its future revisions — or by any applicable legal or regulatory provision. These adaptations will be communicated to the Client with a minimum notice of fourteen (14) calendar days via a prominent announcement on DonDominio's website and/or individual notice sent to the email address provided in the Client Area. If the Client disagrees with the modification, they may terminate the contract without penalty before the effective date of the new wording. Continuation of the use of the Services once the term has expired will constitute express acceptance of the modifications.

10. Ancillary Software Support Services.

10.1. DonDominio may offer, as ancillary services to the main Services contracted by the Client, extended support services for software versions that have reached the end of official support by the provider or reference community. The object, rates, and other applicable conditions will be detailed in the Specific Conditions of the Service to which they are linked and in the rates published on DonDominio's website.

10.2. The Client will always retain the right to freely update, from the Control Panel, the software version affected to a version with current support, as an alternative to contracting the ancillary service. Verification of the compatibility of the Client's developments with the new version will be the exclusive responsibility of the Client.

10.3. The Client may cancel any Ancillary Support Service at any time. The Client expressly acknowledges and accepts that canceling the Service may determine, at DonDominio's discretion based on technical circumstances, the update of the affected version to a version with current support or the interruption or suspension, total or partial, of the Client's website, developments, or platform that depend on that version for infrastructure security reasons. Tariff modifications will be governed by the provisions in clause 9 of these General Terms.

11. Intellectual and Industrial Property.

11.1. DonDominio owns all intellectual property rights and all other related rights concerning the implementation and commercialization of the contracted products and services.

11.2. Each party acknowledges the ownership of the other or any other third parties regarding all its intellectual property rights, industrial, and other analogous rights over elements, technology, know-how, brands, logos, and any other element, creation, invention, or distinctive sign of their property.

12. PERSONAL DATA PROTECTION POLICY.

12.1. Concerning personal data provided by the Client to DonDominio for the contracting and economic management of the Services and inquiries or communications of any kind related to their management, the Personal Data Protection Policy published in the Privacy Policy will be applicable.

12.2. When the Client contracts a domain name, DonDominio will act concerning the data listed in Annex I of the Registration Specific Terms (CPD) under the terms provided in the RDP. This data: (i) will only be transferred to the competent registration entity and, if necessary, to registry operators outside the EEA based on the Standard Contractual Clauses 2021/914/EU; (ii) will be published edited in the RDDS, limited to mandatory fields; (iii) will be retained for 15 months after the domain is deregistered or transferred; (iv) any disclosure of non-public data will be governed by the procedure in Annex II CPD.

13. Jurisdiction and applicable law.

13.1. All litigation, discrepancies, controversies, issues, or claims resulting from the interpretation, execution, non-compliance, termination, or nullity of these General Terms and Conditions or related to them, as well as the Specific Terms of each service, directly or indirectly, will be resolved by applying Spanish law.

13.2. Both parties will do everything reasonably necessary to try to resolve the conflicts amicably; however, as a subsidiary matter and if necessary, the parties expressly submit, with waiver of any jurisdiction that may correspond to them, to the Courts of Manacor (Islas Baleares) if the Client is a legal entity; and to the Courts corresponding to the Client's domicile in cases where they can be considered a consumer or user under Spanish legislation.

13.3. As a prerequisite to commencing litigation, DonDominio and the Client undertake to negotiate in good faith to resolve the dispute or controversy within a period of one (1) month from the date one party notifies in writing the other of its potentially litigious claim.