Policy and legal terms
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LEGAL CONTRACT TERMS
On one hand, CLOUDI NEXTGEN LTD, with registered office at Ground Floor,2nd, 25, General Mitre Round, Barcelona, VAT Number B-66.356.528, from now on CLOUDING.IO.
And on the other hand, the natural or legal person that fills out the assignment and hiring service form, at his/her/its disposal on the website www.clouding.io, from now on, the CLIENT.d
Both parties reciprocally acknowledge the necessary legal capacity for the acceptance of the clauses contained in the present contract, for which
- That CLOUDING.IO is a company dedicated to the provision of services on the processing, hosting and data treatment and other services on the cloud (Internet), having at its disposal the equipment, systems and IT and electronic necessary resources and in adequate functioning conditions.
- That the CLIENT is interested in hiring the services provided by CLOUDING.IO online and remotely.
- That the CLIENT accepts and understands, in a free and unmistakable way, the conditions and clauses described below, in order to hire the CLOUD SERVER service, offered by CLOUDING.IO through its website www.clouding.io, establishing a commercial and contractual relationship between both parties, which effects are those described in the following:
The CLIENT, accepting the following clauses, is hiring the CLOUD SERVER service, consisting on the provision, by CLOUDING.IO in favor of the CLIENT of one or more virtual servers, hosted in the cloud (Internet), which in order to be accessed need an Internet connection and which configuration will depend on the features hired at every moment, through the website www.clouding.io
SECOND. – DEFINITIONS.
For the purposes of the present contract, it will be understood as:
- VIRTUAL SERVER: Group of technical elements that, through the installation and use of a virtualization software, treat and host information. The mentioned group of elements are located, in parallel and in an isolated way to other virtual servers, in a physical server.
- CLOUD SERVER: It is a virtual server, obtained throughout the virtualization of a physical equipment, at disposal on the Internet net, which access will be limited to the CLIENT.
- CLIENT: natural or legal person that proceeds to the hiring of services provided by CLOUDING.IO, committing to the compliance of the obligations contained in the present document. In case that the CLIENT is a legal person, the physical person authorized by the legal person will be in charge of the management of the hired service, considered CLIENT for the purposes of the present document.
- CLOUD: System that allows creation, storing and access to the information from multiple spots or IP´s without technical limitations such as the equipments´ capacity and the investment in technical complex infrastructures, which only necessary element is Internet access and being authorized user to the data treatment and information contained in the Cloud Server.
- CONTROL PANEL: Access platform that CLOUDING.IO provides the CLIENT for the management, creation and cancellation of the different services provided by CLOUDING.IO.
- IP ADDRESS: Numeric label that identifies, in a logical way, the interface of a device inside a net that uses the IP protocol (Internet Protocol).
- ACCESS KEYS: Elements that configure the identification and authentication system, composed by a user name and a password, used with the aim of identifying in a clear and authoritative way the authorized user that access the net or the hired services.
- VIRTUALIZATION TOOL: Software installed in a physical server that allows the segmentation of its devices in different servers of dimensions, in terms of capacity, more reduced, keeping them separated and isolated from each other, isolating as well the resources, data and processes with the aim of allowing them to function as servers in an independent way.
- SECURITY COPIES: Support and/or group of processes oriented to the copy/replica of the data contained in the servers, in order to recover them in case of loss or incidence.
- LICENSE USE: Authorization of the developer or owner of a group of processes for the information treatment (software) in favor of third parties, with the established contract limitations, or failing this, those established by the regulations.
- PAYMENT GETWAY: Service provided by an external server provider, oriented to e-commerce that authorizes payments and collections in the hiring of electronic services (online), encrypting the economic information obtained from the CLIENT in order to guarantee security in the transaction.
THIRD. – TECHNICAL FEATURES.
3.1 Registry and hiring.
Through the filling out of the contract form, the CLIENT formally asks for the hiring and enabling of the CLOUD SERVER service, with the chosen resources assignment, becoming that form, together with the description and correspondent fees, an integral part of the present contract as an Annex.
In order to proceed to the handling of the petition, the CLIENT will necessarily register as a user through the website www.CLOUDING.IO providing a user name and a password, of which the CLIENT will be the only responsible and that will become necessary from that moment on for the execution of the contracting and signing up in the CLOUDING.IO system. After that, CLOUDING.IO will ask for the verification, by telematic means (mail or SMS), of the personal and contact data provided, as well as those regarding the authorised person, in case the CLIENT is a legal person.
3.2 .Access and activation.
Once received the petition for the service, the CLIENT will receive, via e-mail, the following list of steps to be followed:
- Access to the “CLIENT control panel”: in order to be able to manage the billing and/or modify the number of Cloud Servers hired, with the increasing, if applicable, of the correspondent rates in every case.
The mentioned access will only be sent by CLOUDING.IO in case of a new CLIENT. Those users who want to ask for more Cloud Servers will have to do so through the access keys and panel control already assigned at the beginning.
The access keys to the panel control will be those given by the CLIENT the moment he has registered. Clouding,io has no previous control of the access keys provided by the CLIENT, who is the only responsible of his/her/its assignment of the authorized user and its custody.
- The “access to the Cloud Server” data hired, constituted by: predetermined IP address, user and password, that the CLIENT will have to modify afterwards and will only be known by the CLIENT, not having CLOUDING.IO any access to them. These keys will be stored, in an encrypted way, in the CLOUDING.IO Servers.
According to the former, through the access keys, the CLIENT will have access to his/her/its Cloud Server and perform the tasks and setups deemed appropriate, within the parameters and technical and contractual limitations laid out in this contract and the existing enforcement rules.
The CLIENT is the only responsible of the custody and confidentiality of the access keys, regarding the panel control as well as those about the access to the Cloud Server. Its loss will prevent the access to his/her/its Cloud Server, having to start the technical procedures addressed to CLOUDING.IO in order to its restoration.
3.3. Setup of the Cloud Service.
The virtualization platform used by CLOUDING.IO is an OpenStack platform. Owing to the big complexity of this platform, CLOUDING.IO will perform two updates per year. These updates will be informed with a 24-hours minimum advance, via e-mail, so that the CLIENT can perform the contingency tasks deemed adequate in case these tasks were necessary.
The initial setup and following management, as well as the resources assignment and reassignment of the Cloud Servers contracted by the CLIENT will be done through the panel control provided by CLOUDING.IO at his/her/its disposal. From this panel control, the CLIENT will be able to perform on the Cloud Servers actions such as create, erase, start, restart, stop and access the dashboard of the Contracted Cloud Servers and related services available for the CLIENT.
3.4 Security copies system.
The CLOUD SERVER service does not include the security copies service of the content hosted in the Cloud Servers acquired by the CLIENT, being the latter the only responsible of its setup and effective implementation.
The CLIENT will have to either setup of hire the correspondent security copies service following the technical specifications that CLIENT has setup for his/her/its Cloud Servers. By no means will be demandable to CLOUDING.IO the providing of this service, by default or understanding it included in the setup and acquisition of one or several Cloud Servers.
In the acquisition of the Cloud Server, CLOUDING.IO recommends the setup by the CLIENT of a copy system that allows to perform a full complete copy of the system/unit and afterwards performs data copies deemed necessary to keep, with the frequency that fits his/her/its interests and needs, that being complete copies or partial copies of the latest changes.
Notwithstanding the latter, CLOUDING.IO will perform, in compliance with the correspondent security measures, back up and data recovery before any eventuality or loss, but always considered as an internal measure and not an element available for the CLIENT or demandable to CLOUDING.IO.
FOURTH. – OBLIGATIONS AND RESPONSABILITIES OF CLOUDING.IO.
CLOUDING.IO commits to:
- Acting with due diligence and within the parameters of loyalty and good faith.
- To provide with its available means in order to offer an optimum service for it to be developed adequately 24 hours a day 7 days a week, in a safe, efficient and effective manner.
- To not to access illegitimately, without previous permission, in written and consent of the CLIENT to the data, content and applications contained in the Cloud Server and/or any of the Cloud Servers for the performance of maintenance and issues management tasks.
- To report the CLIENT all the changes and modifications, regarding either of software or hardware, that may affect the adequate functioning of the hired services. CLOUDING.IO uses Openstack system for the virtualization of the physical equipment and the setup of the Cloud Servers. CLOUDING.IO will perform the necessary updates and maintenance tasks to keep the adequate functioning of Openstack.
- IO reserves the right of interrupting the service, owing to repairs and technical and maintenance upgrades, previous warning to the CLIENT, with a 24-hour minimum prior notice, taking the necessary security measures for the correct use and development of the hired service. The mentioned notice will not be necessary in case the interruption of the service is owed to force majeure causes.
- The CLIENT accepts to withstand, within reasonable limits, the risks and imperfections or, if such were the case, the unavailability of the service owing to the complexity of the used programs as well as the state of the technique and the technology. Therefore, the CLIENT expressly waives the claim of any responsibility, contractual or non-contractual, of damages or any other similar to CLOUDING.IO because of possible failures, slow speed or eventual mistakes regarding the access and use of the hired service.
Given the situation that CLOUDING.IO breached the commitments assumed in this contract providing a faulty service for a non-interrupted more-than-24-hours period, Clouding´s liability will be limited to the proportional reimbursement to the applied fee during that interruption period, and under no circumstance will pay under the concept of compensation amounts above one-year cost/fee.
By no means CLOUDING.IO will assume the responsibility regarding the data loss, interruption of the business or any other damage owing to the functioning of the service in case the aforementioned don´t fulfil the CLIENT´s expectations. The access and use of the Cloud Server service is exclusive responsibility of the CLIENT, therefore CLOUDING.IO accounts no responsibility (direct, indirect or alternatively) of any damage direct or indirect that may have been caused to the CLIENT, as well as third parties related to the CLIENT.
Therefore, and owing to the aforementioned, CLOUDING.IO will not take any responsibility:
- Of mistakes made by the providers to Internet access.
- Of virus contamination in the equipment, which protection lays on the CLIENT.
- Of intrusions by third parties to the CLIENT´s equipment even though Clouding has established reasonable protection measures.
- Of the faulty or incorrect setup of the Cloud Server system by the CLIENT.
- Of the misuse of the service by the CLIENT, which becomes his/her/its complete responsibility. CLOUDING.IO will have to fulfil all the obligations laid out along this contract in spite of not being expressly included in this clause.
FIFTH. – OBLIGATIONS AND RESPONSABILITIES OF THE CLIENT.
The CLIENT will have to comply with all the terms and conditions foreseen and accepted in this contract in the exercise of his/her/its activity, being this either personal, professional and/or commercial, acting in a loyal way and following the good faith parameters.
The CLIENT commits to not to use the service of the Cloud Service against the public order, the in force and applicable legislation, and remaining forbidden in an explicit but not exhaustive way the following actions:
- Uses against Spanish law and breaching third parties´ rights.
- Any action that breaches third parties´ intellectual property rights, regarding contents as well as the preinstalled software, such as the virtualization software used by CLOUDING.IO at any moment, to which the CLIENT has no license use. However, in case the CLIENT contracts the license use of any software, being this of virtualization or not, will have the right to place it in the Cloud Server, as long as this is pointed out to CLOUDING.IO at the installation moment.
- The obtaining and treatment of personal data without consent of the concerned by the CLIENT and all the behaviours against what is established on the Organic Law 15/1999, December the 13th, of Personal Data Protection and its development normative, being the CLIENT the only responsible.
- Any abusive and intensive use of assigned resources, such as the calculations of cryptocurrency.
- Any abusive or intensive use of the assigned resources, such as the calculation of cryptocurrencies.
It is the CLIENT´s responsibility:
- Having the knowledge, capacities and ability enough for the use, handling, setup, maintenance and, when applicable, repairing and restoration of the hired Cloud Server.
- To perform an adequate use of the logical tools provided at his/her/its disposal with the aim to gain the best efficiency of the hired service. This implies that will refrain from replicate, access without authorization to the setup of the correspondent applicative in order to access the Cloud Servers, and not to access in a non-legitimate way to the configuration systems of the equipment, property of CLOUDING.IO, aimed to the Cloud Server providing services.
- To fulfil the technical restrictions and specifications, provided in the applicative, as well as following the specifications that CLOUDING.IO reports the CLIENT regarding the functioning and management of the Cloud Server the CLIENT disposes.
- To the optimum management of the room destined to its Cloud Servers, as well as the data traffic managed and created in his/her/its Cloud Server(s). In case that CLOUDING.IO spots an excessive use of the common and assigned resources within the platform (storage speed, CPU use, net traffic use, amongst others), that causes or might cause any kind of failure or slowdown of the systems or that might damage third Cloud Servers. CLOUDING.IO reserves the right to intervene, or where appropriate, to stop the server, as a preventive security measure, aimed to be able to sort out any issue or extension of the service hired by the CLIENT.
- The CLIENT is the only responsible of the authorised access to the content inside the Cloud Servers, not being CLOUDING.IO responsible of its enabling, authorization and control.
- To apply as many security measures as necessary in order to the fulfilment of established in Article 9 of the 15/1999 Law, December the 13th of Personal Data Protection and its development regulations.
- To perform the correspondent security copies of the content within his/her/its Cloud Servers, therefore CLOUDING.IO will not take any responsibility in order to guarantee their recovery.
- To respond to the legitimacy in the use and installation of the applications and software tools within the Cloud Servers, being of an exclusive use of the CLIENTs and his/her/its authorised users, being CLOUDING.IO fully exonerated of any responsibility before any eventual fault caused by the CLIENT or any of his/her/its authorised users.
- The CLIENT is responsible before the existing regulations in every moment, of any fault regarding e-commerce, author rights, maintenance of law and order, information security, personal data protection, minor’s protection, as well as the rules and principles about the use of the Internet net, as well as any claim derived from the content that the CLIENT has in his/her/its Cloud Servers, that may breach third parties´ rights protected by the laws.
- The CLIENT will have to fulfil all the obligations laid out through the present contract in spite of not being expressly included in the present clause. In case that issues happen in the Cloud Servers and security systems as a direct consequence of a negligent performance by the CLIENT, the latter will be have civil and penal responsibility that might arise in these cases.
The CLIENT will not be able to transfer to third parties rights and obligations deriving from this contract without the previous written consent from CLOUDING.IO. The CLIENT has full responsibility regarding the use and content of the hired Cloud Servers, of the stored information and of the treatment of that information.
SIXTH. – CHANGES REGARDING THE HIRED SERVICE.
In order to make any change or modification of the features and/or reach of the service hired by the CLIENT will have to be done through the control panel, enabled for the own management of the CLIENT, according to the technical specifics set by the own control panel at the beginning. In the mentioned control panel will be automatically set up the amount to be paid for any change in the Cloud Servers, their capacity and reach, being this one computable by the end of every month. CLOUDING.IO reserves the right to modify the conditions, as well as the features of hire, always prior notification in written to the CLIENT. Such modifications will be done with the aim to improve the service provisions hired and specified at the website.www.clouding.io will report the CLIENT referring the necessary documentation, including modifications of the present contract. In case the CLIENT did not agree the reported modifications, will have a 14-natural-days period, since the day of reception by the CLIENT of the new conditions, according to the notification system provided in Clause Fifteenth of the present contract, in order to request the cancellation of the service, according to the notification system provided in Clause Tenth of the present contract. In case the CLIENT does not declare anything, CLOUDING.IO will consider that the CLIENT accepts the new conditions.
SEVENTH. – ENTRY INTO FORCE.
The present contract will entry into force the day of service activation, which is, the moment the CLIENT has the possibility to access and use the hired service, receiving the access e-mail and confirmation of the formalization of the hiring, according to what has been established on the Third Clause.
EIGHTH. – PRICES AND PAYMENT METHOD.
Regarding the price determination, will subject to what has been stated on the “FEES” for Cloud Server section and the plans available on the www.clouding.io website that will be part of the present contract as an Annex.
The billing system and the calculation of the costs of the hired service will be determined by the number of hours that the Server is created, even thought is stopped, which management will be done by the CLIENT through the control panel.
Payments will be done monthly, within the same will be done a calculation of the number of hours the service has been hired, being the billing starting date, the date of the hiring of the service done through the order form, fulfilled by the CLIENT though the website CLOUDING.IO. The mentioned order form will be part of the present contract as an Annex.
CLOUDING.IO will issue the correspondent bill with all the concepts detailed, and will be sent online (e-mail indicated by the CLIENT, mainly).
The CLIENT will always indicate a payment method of those established in the order form. The payment methods allowed for this service are direct debit, Paypal and a credit card. Depending on the volume of the hired services, will be assessed, for each case, the possibility of payment through bank transfer.
The established payment methods will be developed as follows:
A.- Direct Debit: Payment receipts will be presented at the account number given by the CLIENT through the control panel, within the 10 following days to the end of the monthly billing period.
For each bank return occurred for causes imputable to the CLIENT, CLOUDING.IO will charge an additional fee of 6.01€, as return expenses.
B.- Paypal: Payments will be charged to the Paypal account appointed by the CLIENT, using a Paypal “payments agreement”, which authorises CLOUDING.IO to charge automatically the fees at the end of the monthly period in the aforementioned account.
C.- Credit Card: The charges in the credit card appointed by the CLIENT will be done by the end of the monthly period. By no means CLOUDING.IO will store any data of the credit cards of the CLIENT, but it will be used by the payment getaway ADYEN, which will be in charge of the electronic payments management, which will store such data safely. As a security measure in order to the card verification, if added a new credit card, a 1 € charge will be done, being returned at the confirmation time, being thus confirmed the validity of the charge data provided.
In order to do the correspondent charges to the CLIENT, CLOUDING.IO will be able to use electronic payment companies, in order to do so, the CLIENT expressly authorises the necessary data transfer to the management of the correspondent charges according to the generated billing and depending on the payment option selected.
Taking into account the aforementioned in the previous paragraph, CLOUDING.IO keeps the right to suspend the hired service prior notice to the CLIENT, temporarily, if detected any issue regarding the charge of the service and/or lack of payment, independently of the method payment chosen by the CLIENT. This situation might derive, in case of persistent non-payment, in the suspension and resolution of the contract on an unilateral basis by CLOUDING.IO, in the same terms provided in Clause Tenth.
NINTH. – CASE OF FORCE MAJEURE.
Parties will be exempt of responsibility for infringement of stated in the present contract, when the mentioned infringement is owed to force majeure causes, not existing, therefore, right to compensation. In this case, if the infringement lasts at least two months, parties can opt to cancel the contract, according to terms established on the Clause Tenth.
TENTH. – CAUSES AND WAYS OF TERMINATION OF THE CONTRACT.
The following will be considered causes of termination of the present contract:
- Mutual agreement of the parties.
- End of the contract period or any of its extensions, according to what has been established on Clause Fourteenth.
- For breach, by any of the parties, of the obligations, commitments and responsibilities acquired in the present contract.
- The non-payment, by the CLIENT, of two consecutive monthly payable rates. In this case, CLOUDING.IO, will be allowed, without previous warning, to conclude the service, cancelling any access facilitated to the CLIENT and erasing all the hired Cloud Servers, as well as their content.
- When any of the parties is in bankruptcy situation or suspension of payments.
- Force majeure causes, according to established on the Ninth Clause. When the CLIENT decides to terminate the contractual relationship with CLOUDING.IO, he/she/it can notify it through the panel control, being affective the withdrawal at that very moment and being billable to the CLIENT the provided services up to the withdrawal date at the end of the current month,
With the aim to avoid possible damage to the CLIENT, he/she/it will be responsible to recover the software applications and tools as well as the contents hosted in the Cloud Servers, through the copy security systems that the CLIENT has set up and previously to the ending of the service. Otherwise, CLOUDING.IO will not be responsible of the information loss due to the lack of recovery of the copy securities done before the ending of the contract.
Ante el supuesto de que el CLIENTE fuera un consumidor/usuario final, las normas que rigen la devolución de portes se regirá por lo previsto en la normativa de Consumidores y usuarios que sea de aplicación.
In the case that the CLIENT was a final user/consumer, the rules regarding the money-back guarantee will be governed by the provisions stated on the Consumers and Users regulation applicable.
Any pending payment will have to be cancelled in a maximum period of 15 business days, counting since the date when the billing is demandable to the CLIENT.
ELEVENTH. – WITHDRAWAL.
According to established on Art. 103(a) Royal Legislative Decree 1/2007, of November the 16th, which approves the consolidated text of the General Law for the Defence of Users and Consumers and other complementary laws and in its wording according to established on section twenty-eight of the only article of the General Law for the Defence of Users and Consumers and other complementary laws, approved by the Royal Legislative Decree 1/2007, of November the 16th, applied to the contracts with consumers and users that have taken place since June the 13th 2014, the right to withdrawal of the CLIENT will not be applicable in the case that the contracts refer to the delivery of services once the service has been fully completed, with previous consent of the CLIENT.
According to the latter, regarding the lasting of the contractual relationship between CLOUDING.IO and the CLIENT established on the Sixteenth Clause of the present document, that will be done regarding the hours while the Server has been created , such creation and fully availability of the service by the CLIENT, it will be understood that the service has been fully executed, and, therefore, through the acceptance of the service the CLIENT expressly and knowingly acknowledges his/her/its right to withdraw the service, being billable the sum of the hours while the his/her/its Cloud Servers have been created, according to his/her/its control panel.
TWELFTH. – INDEPENDENCY OF THE CONTRACT CLAUSES.
When any of the clauses contained in the present contract was declared or considered illegal or null by any judge or court, administrative organ, arbitration board or public entity, the rest of the clauses of the present contract will keep in force and effective. CLOUDING.IO and the CLIENT undertake to comply to cooperate with the aim to replace the illegal or null clause as soon as possible for a new clause that brings along a permissible result as similar as possible to the aimed result of the invalid clause, not incurring in the same invalidity or annulment cause.
THIRTEENTH. – PERSONAL DATA PROTECTION.
13.1 Informative clause.
The CLIENT manifests the truth and accuracy of the given data, being responsible of the request of the correspondent consent in case that it is about personal data belonging to third parties.
The personal data given by the CLIENT, in cases that those are a physical person or in case of representatives of a legal entity or Administration, they will be incorporated to the “CLIENTS” and “WEB USERS” file, which ownership belongs to CLOUDING.IO. The aim of the data collection and data treatment is the management and maintenance of the commercial and/or professional relationships established with the CLIENT, as well as to keep him/her/it informed of the services and offers that CLOUDING.IO considers interesting for him/her/it. Furthermore, both parties acknowledge awareness of the possibility to exercise their access, rectification, cancelling and opposing rights regarding their personal data, being able to exercise these rights in writing through a letter addressed to the correspondent party address.
13.2 In charge of the Treatment
The CLIENT, according to Organic Law 15/1999, December the 13th, of Personal Data Protection (from now on, OLDP) and its Development Regulation, approved by Royal Decree 1720/2007, December the 21st (OLPDRD, from now on) is considered responsible of his/her/its files, which involves the responsibility of its right treatment according to OLDP.
When CLOUDING.IO, in order to the providing of the hired services, has to act as in charge of the treatment, will do so according to Arts. 20 to 22 of the OLPDRD in relation to Article 12 of the OLDP. It will not be considered as communication or data release, the access by CLOUDING.IO to the personal data which are the CLIENT´s responsibility, considered Responsible of the File, when the mentioned access and correspondent treatment, is deemed necessary for the rendering of the service.
- Will only treat the data according to the CLIENT´s instructions, expressed in the present contract.
- They will not be applied or used with a different aim than the one laid out in the present clause, and will not be communicated, not even for its preservation, to third parties.
- Keep the maximum reserve and secret about the data to which it may have access.
- Not to reveal such information to third parties except when communication to third parties (a) is compulsory in view of a judicial procedure or (b) is legally demandable, always there is a prior information notice to the CLIENT.
- Adopt and install the technical and organizational security measures referred to in Article 9 of the OLDP and, particularly, the correspondent to the BASIC level protection, being the CLIENT´s responsibility to report to CLOUDING.IO previously to the hiring of the service, the need of a protection level different from the pre-established one, applicable in all that regards the maintenance and good functioning of the equipment that contain the Cloud Servers.
CLOUDING.IO will apply the necessary technical and organizational measures deemed necessary, regarding the kind of hired service, in order to guarantee the security of the personal data, avoiding its alteration, loss, treatment or not authorised access, taking into account the state of the technology, the nature of the stored data and the risks they are exposed to, whether they come from human action or from a physical or natural mean.
Furthermore, the CLIENT authorises CLOUDING.IO so that, in case that technical improvements have to be made or solve any issue that might influence in the correct functioning of the hired service and the achievement of the legitimate aim of the present contract, technicians or providers, might be able to connect or access to the Cloud Servers of the CLIENT.
The obligations contained in this clause will subsist even after ending the contractual relationship with the CLIENT in all that attributable to CLOUDING.IO regarding the fulfillment of OLDP and its development regulation, having CLOUDING.IO to keep those data foreseen by the regulation, such as traffic or billing data, amongst others.
13.3 Subcontracting of the service
The CLIENT expressly authorises CLOUDING.IO for the subcontracting of the service or part of it with third parties, when because of technical issues, has to guarantee the provision of the service, always respecting the obligations established on OLDP.
FOURTEENTH. – INTELECTUAL PROPERTY
The CLIENT, by virtue of the present contract, acquires no right or licence on the software attached to the Cloud Server service, nor any of its applications. Any fraudulent and non-authorised use will be considered a breach of the intellectual property rights, included its source code, usability and devices designed for the aims they were created for, and will have to respond for the damages done to CLOUDING.IO or third parties whose rights are legitimately protectable by the applicable regulation.
CLOUDING.IO uses the OpenStack applicative as a virtualization platform of the Cloud Servers. The CLIENT only has access to the control panel for the setup of his/her/its Cloud Servers. The virtualization platform has an Apache 2.0 Licence, therefore the CLIENT will have to accept the conditions and specifications that, at the beginning of the installation of the applicative are deemed necessary, holding only the licence use, not exclusively and non-transferable of it, independently of the applications that the CLIENT installs within the limitations established in the present document, in his/her/its Cloud Servers.
FIFTEENTH. – NOTIFICATION
All the notifications, requirements, petitions and other communications that have to be done between the parties regarding the present contract, will have to be done in written via e-mail, the ones addressed to CLOUDING.IO to firstname.lastname@example.org and the ones addressed to the CLIENT to the e-mail address setup in the service order form and which is part, as an Annex, of the present contract.
It is a responsibility of the CLIENT to keep active the e-mail account provided, not being imputable to CLOUDING.IO the lack of notification because of the inactivity or outdating of the mentioned e-mail account, understanding as well done communications from CLOUDING.IO to the e-mail address pointed out by the CLIENT.
In case that the CLIENT´s e-mail address was a different one from the provided one, the latter will have the obligation to communicate so to CLOUDING.IO through the panel control, or through communication to CLOUDING.IO through the e-mail address email@example.com.
Furthermore, and regarding the possibility that the CLIENT has to create and authorise access users to the Cloud Servers available, if any issue arises, CLOUDING.IO will answer and assist the CLIENT, being this one the intermediary in any issue with his/her/its authorised users. CLOUDING.IO will not assist any other users that are not the CLIENT or duly authorised person by the CLIENT.
SIXTEENTH. – DURATION
The providing of Cloud Server services is done by one-hour periods. It will be the sum of the hours when the Cloud Server/s are created, being those actively used or not, that will be billable to the CLIENT by the end of each month.
SEVENTEENTH. – CONFIDENTIALITY
The content of the present contract is considered confidential between the parties. This way, the CLIENT as well as CLOUDING.IO will be forced to keep confidentiality of the agreements reached in the present contract and in all of those related and based on it. This obligation will still persist when the relationship between the parties is over.
The revelation of the agreements annexed to the present contract as well as the reach of its content by any of the parties, will be considered as breaching of the obligations laid out in the present document, being able to derive on the resolution of the contract, according to what has been established on Clause Tenth.
EIGHTEENTH. – TRANSFER.
Neither the present contract nor the rights and obligations established on it will be transferred by the CLIENT to third parties without the previous consent in written by Clouding.
NINETEENTH. APPLICABLE LEGISLATION AND ARBITRATION.
In case of a conflict in the interpretation, execution and/or resolution of the content contained the present contract, it will be applicable the Spanish Law in force.
Furthermore, and, before the lack of resolution of the conflict by mutual agreement, upon request of any of the parties, arbitration can be asked, previous communication in written to the other party, to the Barcelona Commerce and Industry Chamber, according to the legal applicable regulation, mainly the 60/2003 Law.
In case that the contracting party was a consumer or final user, arbitration will be leaded by the Consumption Arbitration Board of the autonomous region where the CLIENT resides, according to Legislative Decree 1/2007 and when applicable the 22/2010 Law, July 20th, of the Consumption Code of Cataluña.
Each part will assume its own expenses regarding arbitration, although the compensation and arbitrator expenditures will be assumed in the way decided by the arbitral decision.
TWENTIETH. – COMPETENT JURISDICTION
What has been laid out on the previous clause, will be understood without prejudice that the parties might submit to a judicial procedure, in this case it will be done through the jurisdiction of the Barcelona Courts, expressly renouncing to their own jurisdiction in those cases when procedural rules allow so, in case it is another one. If it results reasonably possible, the compliance of the present contract, will be on along any disagreement and/or arbitral or judicial procedure.