Adaptation of the General Conditions to the General Data Protection Regulation (GDPR): May 18, 2018
Cowabi Ltd. Registered in England & Wales #10092807
85 Great Portland Street, First Floor, London W1W 7LT
Any person or organization, with or without legal personality, that contracts any of the services provided directly or indirectly by Cowabi LTD with registration number 10092807 at the Companies House and domicile at 85 Great Portland Street, First Floor, London W1W 7LT (hereinafter , Cowabi), certifies having read and accepted the following general conditions and contracting rules:
1) ENTRY INTO FORCE, DURATION AND EXTENSION
1.1 The contract will enter into force on the same day of its formalization, that is, at the moment that the client has the possibility of accessing the use of his client account through the Customer Area or any of the services contracted with Cowabi, receiving the basic access instructions, as well as your login and password.
1.2 The contract will have a monthly, quarterly or annual duration, depending on the choice in billing terms chosen by the client in the contracting form.
1.3 Without prejudice to the duration established in the preceding clause, the contract will be automatically extended with the payment of the following invoice and will not be terminated as long as the client does not declare his / her withdrawal to Cowabi with a 30 calendar days notice at the expiration of its services. Cancellation must be requested via control panel (http://panel.cowabi.com). In each renewal, a copy of the contract will not be sent, with the one published in the Web Contract Conditions Web / Hosting that includes the most current version always in force.
2) RESTRICTIONS ON THE USE OF THE SERVICE
The services contracted with Cowabi must be used exclusively for lawful purposes. It is strictly forbidden to use any of the services contracted to carry out activities that violate any local, autonomous, national or international law. While using the services contracted with Cowabi, the client will not be able:
2a.) Restrict or prevent the use of the internet to any other user.
2b.) Disseminate or transmit illegal, abusive, defamatory, obscene, racist, offensive information, or any other type of objectionable information, whether through photographs, texts, advertising banners or links to external pages. As well as, publish, transmit, reproduce, distribute or exploit any information or software that contains viruses or any other harmful component, software or other pirated material, infringe intellectual property rights, publish or facilitate material or access to resources on hacking, cracking, or any other information that Cowabi considers susceptible to compromising the security and / or integrity of any system.
2c.) Any use of the contracted services that violate any local, autonomous, national or international legislation, entails the immediate suspension of the services and the immediate communication to the competent authorities.
2d.) When transferring the domain to another registrar, if you use Cowabi DNS and have contracted services associated with the domain, they will be suspended and will stop working as soon as the transfer process begins.
3) RESPONSIBILITIES AND GUARANTEES
3.1 – Due to the possibility of problems related to the Internet network and other unforeseeable and / or force majeure contingencies, Cowabi cannot guarantee 100% that the availability of the service will be continuous and uninterrupted during the term of the contract. Therefore, Cowabi cannot accept responsibilities derived from data loss, business interruption or any other damage caused by the contracted services.
3.2 – Cowabi periodically backs up your hard drives. However, in case of accidental deletion, unforeseeable contingencies or force majeure, its total replacement may not be guaranteed. The client undertakes to keep on its own a backup copy of all its files in order to replace them, if necessary.
3.3 – The client agrees to bear, within reasonable limits, risks and imperfections or unavailability of the servers.
3.4 – Likewise, when different web hosting accounts are shared on the same machine with other domains of other clients, technical problems can be attributed to third parties, and for which Cowabi is not responsible.
3.5 – Therefore, the client expressly waives to claim any liability, contractual or extra contractual, damages and losses to Cowabi for possible failures, slowness or errors in the access and use of the contracted web hosting service.
3.6 – Notwithstanding the foregoing, if Cowabi breaches the commitments assumed in this contract for providing an inefficient service for an uninterrupted period of more than 24 hours, Cowabi’s responsibility will be limited to the refund of the money charged for the web hosting account during said period. interruption period
3.7 – Web Hosting accounts are shared hosting products with other products of a similar nature and resources. For this reason, Cowabi reserves the right to suspend, totally or partially, the contracted service, in the event that it detects an excessive consumption of data transfer, memory, CPU, or any other alteration that slows down the server on which it is The domain is located, in such a way that it damages or entails a impairment in the provision of the service of the other clients that share the server with it.
3.8 – For this purpose, Cowabi will make a temporary suspension of the service, notifying the client to proceed to solve said alteration, and if once the service has been restarted, it will reoccur in such circumstance continuously or in bad faith, it will proceed to the withdrawal definitive and complete service, without the right to a refund of any amount, considering an abusive use of the contracted services.
4) PERSONAL AND IDENTIFYING DATA
The client certifies that he is over 18 years of age at the time of signing the contract.The client declares to be the legal person responsible for the use of the contracted service. The client is obliged to provide Cowabi with his name and surname, postal address, email address, contact telephone number and bank details to direct payment of the contracted services. Likewise, it also undertakes to keep us informed of any changes produced in this regard.
5) CUSTOMER DATA SECURITY
5.1 – If for any reason the client suspects that the security of his account is compromised in any way, he must immediately notify Cowabi by sending an email to the address [email protected]
5.2 – The client must make a copy of all the files he has in his web space to restore them again, if necessary. It is the sole responsibility of the client to safeguard all data and files hosted on the server.
5.3 – Notwithstanding the foregoing, Cowabi periodically makes backup copies of its hard drives but, in case of accidental erasure, unforeseeable contingencies or force majeure, its total replacement may not be guaranteed.
5.4 – The client exempts Cowabi from the possible loss of any customer or third party data that could not be restored due to unforeseeable contingencies or force majeure.
6) SPAM AND UNSOLICITED ADVERTISING DELIVERY
Spam (sending unsolicited advertising mail by the recipient and without the latter’s consent) is a problem and a serious problem. We assume that due to short-term factors, ignorance or simply opportunism, the use of e-mail to make bulk shipments is increasing ( legitimate or not) as a means to advertise products or services. Coincidentally, those who carry out this type of practice tend to be also those who complain the most about the spam they receive from third parties. In Cowabi we are categorical with these matters.- We do not allow mass mailings in shared services.- We do not allow sending of advertising not requested by the recipient and without his express consent.
6.1 – Cowabi does not allow mass mailings in shared hosting accounts. If in your activity you need to send emails massively, we have services specially designed for it. A shared hosting account is not the right tool to make these types of shipments, as it is stated in the conditions of use of our services.
6.2 – The sending of mass mail or mass dissemination of messages, continuous sending of a large number of messages is also prohibited. It will be understood that this is the case when mass sending of emails occurs, with a mass of more than 10,000 mails / day being understood. From the moment that Cowabi detects that these activities impair the correct functioning of the services and / or cause delays in the delivery of mail from the other users of the systems, Cowabi will adopt the measures it deems necessary, whether it is blocking IP addresses, domains , users or other measures, and may even proceed to immediate suspension and without prior notice of all contracted services.
6.3 – Received a complaint or notice regarding spam shipments from a shared hosting account, VPS or server, the client will be informed and subsequently his account suspended thus does not take the necessary measures within the period indicated, in addition to having to to cover the costs derived from the time that Cowabi must invest to solve the incidence.
6.4 – We remind you that in Spain it is illegal to send promotional or exclusively advertising emails to recipients who have not previously agreed to receive them, unless you maintain or have maintained a commercial relationship with the recipient (that is: that is or has been a customer or supplier). It is not enough to put a footnote notice with the instructions to unsubscribe from the database in which the recipient’s email address has been included.
6.5 – The client undertakes not to transmit unsolicited advertising through email or any other means on the Internet by advertising any services hosted by Cowabi, either through services contracted with Cowabi or through any other service provider.
6.6 – The client is obliged to comply with the national laws of the Law on Protection of Personal Data (LOPD) and international regarding the sending of mail. The sending of only 1 unsolicited mail is strictly prohibited and incurs a crime and has a penalty of up to £ 30,000. According to Spanish legislation, in SPAIN, it is prohibited by the Law on Services of the Information Society and Electronic Commerce (LSSICE). Failure to comply with this point implies the immediate suspension and without prior notice of the contracted services.
7 OBLIGATION OF THE USER TO FACILITATE THE ACCESS DATA AND KEEP THEM UPDATED.
So that the technical support team can correctly perform the periodic maintenance, at the time of contracting any of the maintenance plans or services, the client undertakes to provide COWABI with all the necessary accesses (access codes, etc.) and expressly authorizes to intervene according to the form contracted to perform the tasks that are required to provide adequate support in the times and deadlines marked by the type of service contracted. In the same way, in the event that the client modifies any of the necessary access data so that the technical team can intervene and perform the maintenance tasks, the client has the obligation to communicate in writing “Sending a ticket from his Client Area “Any changes that occur in your data and keep the Support Department informed of the current access data, so that they can intervene at any time if the case arises. If the client does not provide the data with the conditions marked, COWABI will reserves the right to change, modify or generate said access data again so that they can intervene in any of the products or services contracted in case of an action or emergency in case they are needed. On the part of the client, he authorizes COWABI in these cases and gives his express consent to intervene and carry out any measures that the support team considers necessary to fulfill his task. COWABI has the obligation to notify the client if he requests it; the new access data assigned, in case you need them. However, COWABI will communicate in writing “Sending a ticket to the customer” any change of data that occurs, if it changes them and will keep the client informed of the latest current data available. Referring to the Technical Support Service offered by COWABI to its clients, it will provide technical support to the client whenever he requests it, trying to respond in a maximum time of 24 hours from the reception of his request, by means of a ticket through the Ticket System that the client has in his Client Area . The attention and treatment of all incidents will be governed by order of entry or priority according to the confluence and availability of the COWABI Support Department. This, in turn, will try to respond to be able to handle the consultations in the shortest possible time. The treatment of the incidents will be carried out according to the emergency levels. COWABI will determine to each one of these levels of incidents a maximum response time. Understanding by response time, the time necessary for the COWABI technical department to diagnose the problem and put the necessary human and technical means for its resolution. COWABI cannot guarantee, at specific times, that due to the incidence of incidents or problems associated with them, the estimated deadlines are met, and therefore no liability is required or demanded by the client. COWABI offers the FREE Server Support Service. This, in turn, is limited only and exclusively for those incidents related to the server, that is, only and exclusively incidents of (hardware or connectivity on the machine). This service comes FREE of charge in all Hosting plans (Web Hosting). The Support Service offered by COWABI is treated directly by the COWABI Support Department, solely and exclusively through a Ticket System, all incidents are treated and resolved by the technical personnel displaced in the facilities of the Data Center in order of priority. To contact COWABI Support Service, you must send a ticket through the ticket system available in your Customer Area, accessing with your data. COWABI does not treat any incident by telephone, since the telephone is only and exclusively for Commercial, Administrative, Billing or Information.
7.1 ON SUPPORT ISSUES FOR HOSTING SERVICE
The contracted service of Hosting (Web Hosting), has covered for FREE any incident related to the server, that is (hardware and connectivity on the machine), only and exclusively. Our Technical Department will only attend the requests received by ticket, sent through the Ticket System available in your Client Area.
7.2 ON THE FOLLOW-UP OF INCIDENTS THROUGH THE TICKET´S SYSTEM
The client must show interest in answering each and every one of the tickets so that he is totally satisfied in the resolution of the problem that he indicates to us, until his query is closed. In order for our technicians to treat an incident with full guarantees, the client must detail completely the incident, if possible even sending image captures or attached documents if necessary. The more details you provide for the diagnosis of the problem, our technicians will be able to resolve the issue more quickly. For example: If you have problems with the mail, you must send the domain that has the problem, the account or email accounts that gives the problem , the error that it produces, indicate if it is when sending the mail, upon receiving or both and attach the headers of the mails with the errors that it produces. (Thus detailing the incident on the ticket, our technicians have enough information to address the problem and avoid delays since if we do not provide them, we will have to request them to be able to deal with the incident in conditions.) At the time the customer sends a ticket request our technicians will put the maximum interest and effort in which it is completely resolved so that it is satisfied.For this to occur, customers must put the maximum interest in following the evolution of it from their Customer Area through the ticket system answering and collaborating with the questions of the technicians to be able to deal with it until its final resolution. If the client does not answer the ticket our technicians will not be able to follow the evolution of the query and therefore the client will not be completely satisfied because they have not completely resolved query.What observation does it indicate that the ticket system is configured so that if 72 hours the client does not answer or respond to it, the system closes the ticket automatically and resolves the incident. If this occurs, it may happen that the incident is not fully resolved, and therefore the client will not be satisfied. To reopen the ticket again simply go to your Customer Area by accessing with your data, go to the Tickets section of Support and once the ticket in question has been chosen, write an answer on it. As soon as the claim of your request arrives, the technicians will be able to resume the matter and try again your question to resolve it.
7.3 ON SUPPORT ISSUES FOR WEB OR OTHER ACTIONS
For other Support Services see our website in the “Support” section, which explains in detail each of the services offered by COWABI and its cost.
7.4 ON OTHER MATTERS (COMMERCIAL, ADMINISTRATIVE, BILLING OR INFORMATION)
If what you want is to talk about other issues, such as Commercial, Administrative, Billing or Information, then you can contact us via email at [email protected], where they will assist you on any non-technical issue.
7.5 ON SUPPORT FOR OWNER AND NON-OWN SOFTWARE / HARDWARE
Said Technical Support will always be offered through the Ticket System from its Customer Area and refers only and exclusively to software or hardware offered directly by COWABI. Under no circumstances will COWABI be obliged to offer free technical support for any type of software or hardware that has not been provided directly by COWABI. In summary, to properly use any software or hardware that has not been provided directly by COWABI, the customer must obtain information on its use and configuration directly from the manufacturer, developer, merchant or other sources that he deems appropriate. of Proprietary / Non-Proprietary Software. It should be said that the client is responsible for complying with the corresponding licenses of the owners, copyright or intellectual property and current legislation.
7.6 TROUBLESHOOTING OR DAMAGE CAUSED BY THE CUSTOMER TO COWABI
In the event of any intervention by the technical staff of COWABI to resolve breakdowns or damages caused in the domain or server, with or without intention, caused by the client or other persons authorized by him, the client will be charged 40 euros + VAT for each hour or fraction dedicated to correct or repair the incident. For more information see our section “Maintenance: Web support and maintenance”.
7.7 COMMERCIAL HOURS AND LOAN SUPPORT FROM COWABI TO THE END USER
For the treatment of incidents on FREE Server support, you can send your inquiry by ticket through its Customer Area available 365 × 24 hours. Working hours (Except national holidays and holidays of the Community of Madrid): Monday to Friday: 9 a.m. to 6 p.m.
7.8 ADDITIONAL EXTRAORDINARY SCHEDULE
If you wish, you can hire our guard service which will include a 24-hour face-to-face coverage and fully available for any product offered by COWABI. The hourly sections, if no other particular cost has been determined, will be billed at the rate of: – Availability of guard from 20H to 24H: £ 30 / hour.- Availability of guard from 24H to 08H: £ 35 / hour.- Intervention (of 20H to 08H): £ 60 / hour (The intervention price replaces the guard availability price.)
8) BILLING, PRICES AND CANCELLATION.
The contracted Web Hosting services are automatically renewed monthly, quarterly or annually, depending on the type of contract chosen by the client. The cancellation of the services by the client must be indicated to Cowabi at least 30 calendar days before the expiration of the services and 30 days after contracting. If said cancellation request is not received well in advance and the invoice is issued, Cowabi will demand payment of the corresponding fee from the customer. When the client contracts a Product / Service, he acquires a commitment with Cowabi for the time agreed upon in the contract. The client accepts this commitment for the time contracted, and declines the return of any amount or request compensation in the event that he wishes to terminate the contract before the agreed period. Payment of all services will always be in advance, with 26 days before the expiration of each service. Being the client’s obligation to ensure that sufficient funds are available to avoid returns and defaults. They will be billed for cycles of 1 year, 6 months or 3 months (depending on the service) in advance in order not to suspend the service. The client authorizes Cowabi to collect the renewals by the same method used to contract their services. If the client does not wish to renew his services, he must cancel them individually at least 30 days before his expiration and 30 days after his hiring in his client panel (http://panel.cowabi.com). In case of return of the payment or non-payment of the same within 7 days after the expiration of the same, an additional 15% will be charged on the total invoice for administrative expenses. In the event that the payment does not occur after more than 15 days after its expiration, an additional 10% will be added, and the customer must pay the total amount due through the payment methods available at Cowabi. The return of a domiciled receipt or charge on card without justified cause is a very serious offense, and Cowabi may suspend the customer account and associated services. Not having funds in the bank account or credit / debit / prepaid card will entail charging of a £ 1 fee that can be charged in two fractions of £ 0.50. If said cancellation does not occur, cowabi considers that the client wishes to renew their services and will proceed to the payment on the dates indicated above without possibility of refund or cancellation until the next billing cycle. After a maximum of 15 days from the due date of the payment, and if the client has not yet paid off his debt, Cowabi will proceed to delete all existing client files on his servers, canceling the commitments acquired by Cowabi through this contract. However, the cancellation of the service for this reason does not exempt the client from paying the amounts due until the date of cancellation of the services provided.In case of non-payment, Cowabi reserves the right to definitively cancel all services provided to the client. , with or without prior notice, without the right to claim by the client. Cowabi will notify this situation to legal advice and will proceed to include the default in the automated delinquency files and follow the legal channels to proceed with the collection of the default.In case the client asks Cowabi to process the registration of a new domain name On the Internet, the cost of such registration will be charged to the bank account or credit card that the client has provided for this purpose. And if you process a request to register a domain name and the client does not pay the cost corresponding to the process within the period indicated for it, Cowabi reserves the right to remove it from the Domain Name Registry or appropriate said domain name, without prior notice.For security reasons, cowabi does not store customer billing information. Cowabi stores a code to communicate with POS terminals and it is these that save the billing information in an encrypted manner. In the event that the client updates the billing information for invalid or expired ones, Cowabi will use the last valid payment data stored, in order not to suspend customer services.
9) CONFIDENTIALITY AND DATA PROTECTION
In compliance with the Organic Law on Data Protection, Cowabi will maintain the confidentiality and security of the information provided by the client, putting all the technical and human resources, as established by current legislation.All the data that Cowabi requests from the client from its Web pages are only and exclusively to offer and invoice the services contracted by the client, as well as inform you about new services offered by Cowabi or about modifications to existing ones. The client consents that Cowabi can use his contact information (name and surname, postal address, e-mail, telephone number and / or fax), to notify him about price changes, new services or changes in the characteristics of the products and services offered by Cowabi. In the event that the client asks Cowabi to process the registration of a domain name on the Internet, he knows and consents that his identification data such as name, surname, NIF, CIF, NIE, address, telephone, fax and e-mail address mail, will be communicated to the corresponding registrar and will be publicly accessible through whois. (Whois is the service that domain name registrars make available to all Internet users to consult their databases and know who is the owner and other contacts of a domain name). In compliance with the Organic Law of Data Protection, the client may always exercise their rights of access, rectification, cancellation and opposition, by sending their request in writing to Cowabi, with fiscal address at 85 Great Portland Street, First Floor, London W1W 7LT. For its part, Cowabi undertakes not to distribute, sell or provide third parties with the information available about its customers, unless expressly authorized by the client.
Cowabi reserves the right to make changes in the characteristics and prices of the services offered. Any modification that affects the technical characteristics and / or prices of the services offered, will be reflected in the web pages of http://www.cowabi.co.uk
11) REFUSAL OR DISCONTINUITY IN THE SERVICE
Cowabi reserves the right to deny or interrupt the services contracted by the client, with or without prior notification, if the client incurs any conduct or activity that violates any of the terms, rules and conditions set forth herein, Cowabi not being responsible for the consequences that could result for this reason.
The parties (on the one hand the client, and on the other, Cowabi) agree, with full waiver to any other jurisdiction that may correspond to them, to the courts of Madrid, Spain.
The contracting person may withdraw from the contract made within fourteen calendar days without justification, counted from the day of conclusion of the contract. To exercise the right of withdrawal, the contracting person must notify their decision to withdraw from the contract through an unequivocal statement to: Cowabi, in [email protected], indicating that you withdraw from the contract and providing the following information: order, date of receipt, name and surname of the contracting person and his address. You can also use the model form provided for in current regulations on defense of consumers and users.If the paper withdrawal occurs, it must be duly signed by the contracting person. To meet the deadline, it is enough that the notification is sent before it expires.In case of withdrawal, Cowabi will return all payments received, including, where appropriate, delivery costs (except for expenses additional resulting from the choice of a delivery method different from the less expensive mode of ordinary delivery offered by Cowabi), without undue delay. Such reimbursement will be made using the same means of payment used for the initial transaction, unless expressly agreed otherwise; in any case, you will not incur any expenses as a result of the reimbursement.If the Contracting Party had requested that the provision of services begin during the withdrawal period, he must pay an amount proportional to the part already provided of the service at the time he has communicated his withdrawal, in relation to the total purpose of the contract. If the service had been fully executed, the withdrawal cannot be exercised. In case of requesting a cancellation request for a period longer than the withdrawal, the right of withdrawal will be revoked. The withdrawal may not be exercised in the case of Domains, Hosting, Servers, Cloud and VPS. Nor can the withdrawal be exercised for developments and web designs from when the service is delivered. In the case of web pages,Service delivery is considered when at least a second product proposal is made or after 14 calendar days from the signing of the contract, whichever comes first.
Cowabi undertakes to reimburse promotional orders canceled by cowabi unilaterally, under the sole criteria of cowabi, within a maximum period of 60 calendar days.
For ordinary orders (out of promotion), canceled by cowabi or by the customer, the maximum term to produce the reimbursement is 30 calendar days.
Cowabi will financially penalize criminal activities intentionally caused by any of the users who have access to Cowabi services. These activities include phishing, hacking, …
As soon as the activity is detected, all its related services will be suspended without the possibility of re-activation, and the amount of 150EUR will be charged to the account owner’s account for the expenses derived from the intervention of our operators urgently .
Likewise, Cowabi disclaims any damage or prejudice arising from such activity.
16) APPLICABLE LAW
This Contract is written in Spanish and is subject to current Spanish legislation. Specifically, it is subject to the provisions of Law 7/1988 of 13 April, on General Conditions of Contract; Royal Legislative Decree 1/2007, of November 16, approving the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws; Royal Decree 1906/1999, of December 17, 1999, which regulates the Telephone or Electronic Contracting with general conditions; Organic Law 15/1999, of December 13, on Protection of Personal Data; Law 7/1996, of January 15, on Retail Trade Management, and Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce.
ANNEXES TO WEBHOSTING / SERVERS
Hosting services are contracted for periods of 3 months, 6 months or 1 year. The services are suspended at expiration if the invoice corresponding to the service is not paid, generated 26 days before its expiration. In the case of payment by credit card, the collection of the renewal will be made 26 days before its expiration to avoid interruptions in the service.In case of not wanting to renew the Hosting, it must be canceled in the cowabi extranet (https: / /panel.cowabi.com) before this period. Once this period is over, it is not possible to reimburse this service. Promotional Hosting packs will be renewed 30 days before expiration.
1) Web capacity contracted and type of Server
According to that contracted through the purchase process in Cowabi.com. Courtesy space: space dedicated customer for extreme situations in which it is to overcome your disk quota limit. Use this space as a temporary measure since this space will be deleted 7 calendar days after your request.
2) Account / Email configuration on file
Configuraremos su cuenta después de haber recibido su pago o luego de haber confirmado la validez de la transacción si la misma fue inicialmente marcada como “riesgo de fraude”, por nosotros o nuestro socio recolector de pagos. Es su responsabilidad el proporcionarnos una dirección de correo electrónico que no tenga la extensión del dominio registrado. Si por alguna razón tenemos que contactarlo, utilizaremos esta dirección de correo electrónico. Es su responsabilidad el asegurarse que la dirección de correo electrónico que se dispone en archivo es la correcta y la más actualizada. Si usted tiene un nombre de dominio registrado con Cowabi.com, es su responsabilidad el garantizar que la información de contacto para su cuenta de dominio y el nombre del dominio son los correctos y los más actualizados. Cowabi.com no se hace responsable por la caducidad de un registro de dominio originada por el hecho de que la información de contacto del usuario esta incorrecta. Si usted necesita verificar o cambiar esta información, póngase en contacto con nuestro equipo de soporte. El proporcionar información de contacto intencionalmente incorrecta o falsa, puede resultar en la cancelación de su cuenta. En compras de servicios de servidor dedicados o transacciones de alto riesgo,será necesario proporcionar una identificación oficial y, posiblemente una copia escaneada dela tarjeta de crédito utilizada para la compra. Si usted no cumple con estos requisitos, la orden puede ser considerada fraudulenta y la solicitud de servicio negada. Transferencias Nuestro equipo de expertos hará todo lo posible para ayudarle a mover su página Web a nuestros servidores. Sin embargo las transferencias son un servicio de cortesía, y no podemos garantizar la disponibilidad, viabilidad, o tiempo requerido para completar una transferencia de cuenta. Cada empresa de hosting tiene una configuración diferente, y algunas plataformas de alojamiento almacenan los datos en formatos incompatibles o de derechos reservados. Lo anterior puede hacer extremadamente difícil, si no imposible el migrar algunos o todos los datos de su cuenta. Haremos todo lo que sea posible para asistirlo en este proceso, sin embargo en algunos casos no podremos completar exitosamente las transferencias. Los servicios de transferencia gratuitos estarán disponibles por 30 días a partir de la fecha de inicio de su servicio. Transferencias por fuera de estos 30 días tendrán un costo, los cuales podrán cotizarse a través de nuestro centro de soporte.
3) Policy spam – Zero Tolerance
Our stance against sending unsolicited emails, bulk emails and spam is “Zero Tolerance”, “Safe Lists” and “Purchased Lists” will be treated as spam mail. Your account will be canceled immediately to any user of the Cowabi service, who sent spam mail. For more details, we ask you to check our postal policy. SPAM-based advertising sites (Spamvertised) cannot be hosted on our servers. This provision includes, but is not limited to spam sent by fax, email, instant messaging, usenet or newsgroups. Organizations or entities listed on Rosko’s list (www.spamhaus.org/rokso/index.lasso) are not authorized to hire Cowabi services. We will immediately cancel the services of any user,if it is determined that this user is registered in the spam generator lists. Cowabi reserves the right to require changes, modifications or implement blockages to any Web site, account, database or any other component that does not comply with established policies Cowabi reserves the right to charge the user who violates this policy for charges of cleaning or any charges required for the removal of our services from “Blacklist” listings. The amount to be charged for cleaning costs will be at the sole discretion of Cowabi.database or any other component that does not comply with established policies Cowabi will reserve the right to charge the user who violates this policy for cleaning charges or any charges that are required for the removal of our services from “Blacklist” listings. The amount to be charged for cleaning costs will be at the sole discretion of Cowabi.database or any other component that does not comply with established policies Cowabi will reserve the right to charge the user who violates this policy for cleaning charges or any charges that are required for the removal of our services from “Blacklist” listings. The amount to be charged for cleaning costs will be at the sole discretion of Cowabi.
4) Payment information
Regarding Works provided by Web Design or Web Programming: All works are paid in advance, if your payment is divided the amounts indicated will be effective on the payment date reflected in your budget in the event that we have sent you a budget. This is essential to begin work after you have requested us. If you want a budget before starting the requested work, you must indicate it beforehand so that we can prepare it. In this case we will wait for your communication so that we can start the work as soon as you have reviewed your budget and made the amount or amounts budgeted effective.Any change in the initial works before, during or after your initial request on your website or outside of your budget,Cowabi will indicate to budget for and shall separately. All works are paid in advance, being an essential requirement to be able to start them after their acceptance in the budget. Regarding the Products or Services offered by COWABI: You agree to pay in advance and appropriately for the services you will receive from Cowabi. Similarly, and unless you do not make the formal cancellation request, Cowabi will make recurring charges for the contracted services. This also includes if your account is suspended. When payment for services is made outside of 10 days of grace, billing will not be generated automatically. However, and after the client notifies Cowabi of his intention to continue with the services,a manual invoice will be generated and its cancellation will be expected including the time under which the account was suspended. Cancellations must be made in writing through the cancellation form provided in the Cancellation Policy. Once we receive your formal request for cancellation of services, you will receive via email a confirmation of receipt of your request, with its respective tracking number. A Cowabi representative will contact you to confirm your desire to cancel the services and proceed with their cancellation. We ask you to contact us immediately by phone in case you do not receive a confirmation via email of receipt of your request or if the Cowabi representative has not contacted you within 24 hours.Our policy stipulates that any cancellation of services is carried out using the format defined in the cancellation policy in order to: (a) confirm your identity, (b) validate that you have made the necessary arrangements (creating backup files, emails , etc.) in your account prior to being canceled, and (c) formally registering the request.As a Cowabi customer, it is your responsibility to ensure that your payment information is always up to date, and that all invoices are paid on time. Unless you make the formal request for cancellation of Cowabi services, you agree that these services will be billed on a recurring basis. Cowabi reserves the right to make the recurring collection invoice or charge your credit card on the stipulated payment dates.Cowabi will give you a grace period for the payment of invoices of 7 days counting from the date of issuance of the same. Any payment made after the grace period will be charged with interest of 15% or 25%. After 30 days of invoicing, if the payment has not been received, the account will be suspended without notice. The account will only be re-established once the receipt of payment of the pending invoice is confirmed, in addition to the surcharge.If the customer makes a payment for domain renewal, it is your responsibility to notify our sales team, that this Payment has been made, so that the Cowabi team takes the necessary actions to update the renewal. The notifications of requirement of renewal of dominion, as well as the invoices by the same ones,provided to our customers as a courtesy Cowabi will not be responsible for the renewal of domains or for notifications prior to the expiration of the domain reservation. Invoices that have been paid more than once, with multiple PayPal subscriptions can only be added as credit in favor of your account with Cowabi and cannot be refunded. If you need help processing any type of credit under these conditions, please contact our Cowabi sales team reserves the right to modify at any time, the amount of the monthly payment for the services offered and / or any other charges.Invoices that have been paid more than once, with multiple PayPal subscriptions can only be added as credit in favor of your account with Cowabi and cannot be refunded. If you need help processing any type of credit under these conditions, please contact our Cowabi sales team reserves the right to modify at any time, the amount of the monthly payment for the services offered and / or any other charges.Invoices that have been paid more than once, with multiple PayPal subscriptions can only be added as credit in favor of your account with Cowabi and cannot be refunded. If you need help processing any type of credit under these conditions, please contact our Cowabi sales team reserves the right to modify at any time, the amount of the monthly payment for the services offered and / or any other charges.the amount of the monthly payment for the services offered and / or any other charges.the amount of the monthly payment for the services offered and / or any other charges.
5) Backups and loss of data
The use of our services is at your own risk. The backup service provided by Cowabi is performed as a courtesy Cowabi is not responsible for the files and / or data that reside in your account. You agree to assume full responsibility for the files and data transferred or that reside in your account, as well as stop the necessary support of them. The courtesy service of backup copies will not be sedated to accounts that are suspended or canceled.
6) Cancellations and refunds
Cowabi reserves the right to cancel, suspend or restrict access to the account at any time, with or without prior notice. Any abuse of Cowabi staff in any medium or format will result in the suspension or termination of their services. Cowabi also reserves the right to cancel promotional campaigns at any time, without prior notice and without any justification. Customers can cancel services with Cowabi from 30 days after signing the contract until 30 calendar days before its expiration at its control panel https://panel.cowabi.com. The management fees published on the website at the time of hiring are not refundable.In case the client wishes to reactivate their services, they can request it from our support team by paying a fee of 19,£ 95 in the case of a hosting package and 50% of the product cost in case of any other. Domains cannot be reactivated once they have been unsubscribed. Promotional packages and offers on the web are not refundable.
7) Backup limit
Any account that uses more than 50 GB of disk space will be removed from our weekly backup service, with the exception of databases that have already been backed up. All data will continue however, being copied to one unit secondary, which will help protect them against data loss in the event of a disk failure.
8) Availability guarantee
If the shared server does not have an availability that is within 99.99%, you could receive compensation equal to one day of service for every 0.10% unavailability. The approval of this compensation will be at Cowabi’s discretion, and will depend on the justification provided by the client. Due to the wide variety of factors that come into play in this assessment (including the capacity of the monitor network / transit availability), service monitoring reports prepared by third parties cannot be used as justification. Server availability time is defined as the availability time reported by the operating system and the Apache Web server. To request compensation, please contact our sales department.You must include your justification along with the request for compensation. All requests must be made in writing. The availability guarantee only applies to shared server plans and VPS servers.
9) Information and download center
10) Price change
The fee you pay for any of Cowabi’s services may be increased after the first year of service. Cowabi reserves the right to change the list prices at any time, as well as modify the features or resources provided in any of the promoted plans.
The Client accepts that Cowabi will not be liable for any claim, loss or charge of any kind made against this company, parents, subsidiaries, successors and assigns, as a result of any service provided, performed, agreed to be carried out by Cowabi or Any product sold by our customers, their agents, employees or assignees. The client agrees to exonerate Cowabi from any responsibility resulting from: (1) Any damage to persons or property caused by any product or service sold or distributed in connection with Cowabi. (2) Any material used by the client that infringes property rights of a third party. (3) Copyright infringements committed by the client while using the services provided to him by Cowabi.(4) Any product that has been sold from Cowabi servers and has been defective or caused damage or loss to a third party.
By using the services of Cowabi you agree to submit to an arbitration process to resolve any type of disputes, if they are raised
against Cowabi, matrices, subsidiaries, successors and assigns. These disputes will be handled by a place of arbitration selected by Cowabi, in the Courts of the tax residence of Cowabi.
Cowabi will not be liable for any damage caused to your business or assets as a result of using Cowabi services. Our company, parents, subsidiaries, successors and assigns do not offer guarantees of any kind, whether express or implied, of the services we offer. Cowabi will not be responsible for any warranty, merchantability or fitness for any particular purpose. This includes the loss of data as a result of delays, lack of delivery, wrong delivery, any and all service interruptions caused by Cowabi and its employees.
14) Disclosure to Judicial Authorities, Police Bodies or Civil Guard
At the legal request of judicial authorities, law enforcement agencies or Civil Guard, Cowabi may disclose any information about subscribers without their prior consent or notification. Cowabi will cooperate fully with justice.
16) Terms of service for legal purposes
The client accepts that the Terms of Service published on this page, in its electronic version and named Terms of Service, will be the official document to be used for any dispute or arbitration process.
The Advanced and Unlimited web Hosting plans have the following exclusions to guarantee the availability of the service to the rest of Cowabi’s clients. The following ways of using Hosting are excluded:
- Backup of third-party backups
- As a cloud of files
- As a system for sharing large files (larger than 2GB)
- As a video playback system
- Any high demand service streaming system
17) Changes in the terms of service
Cowabi reserves the right to review its policies at any time with a prior notice of 20 calendar days by email.
ANNEXES TO DOMAINS
The renewals of the domains must always be made before the expiration date of the domain, otherwise the domain can be unlocked up to 9 business days after expiration if it is a domain with extension .es and 58 business days if it is from another domain. This period is called domain redemption.
2) Redemption Period.
This period occurs when a domain has expired and can still be recovered. For the domains. Is the duration of this period is 9 calendar days after the domain expires and 58 calendar days for the rest. The renewal price in this period It is the same as usual. An unlocking fee of £ 39.95 is applied as of the 4th day of this period in the case of .es domains and £ 159.95 as of the 28th day in the case of other domains (com, net, org, info) .Cowabi reserves the right of 1 calendar day (10th day) for the .es domains and 2 calendar days (59th and 60th day) for the unlocking and renewal management thereof..
3) WHOIS data protection.
Cowabi allows to hide WHOIS public data for £ 10.99 + VAT per year. In this way your personal data will not be published on the network.
4) Accuracy of data
In order to verify and preserve that all data registered in Cowabi are real, a copy of your identity card will be required randomly during the registration process. Failure to provide such information will interrupt the registration process until the client provides the requested information. In no case will the service be refunded.
To transfer a domain to an external registrar, must be done 60 days before the domain expires and at least 60 days after his hiring. In some promotional cases there is a minimum stay, in which, during the described period, the transfer to another registrar cannot be requested. Incoming transfers to Cowabi must meet the above requirements .Es mandatory to have the AuthCode (authorization code) for the transfer to complete successfully. The AuthCode must be requested at the originating registrar.
The client can cancel a domain, once acquired from its control panel. Refunds and right of withdrawal for domains is not contemplated for these services.
Free domain registration packages associated with a Hosting package, can lead to a minimum stay in Cowabi. If the client wishes to transfer this domain to another registrar, he can do so by paying a £ 25.99 penalty. Once the penalty is paid, the necessary resources will be given for the transfer to be effective.
8) Whois Data
In the promotional records, where the domain is a bonus to the customer, the email address that will appear in the WHOIS of the domain, will belong to the domain “@cowabi.co.uk” or “@cowabi.com”, being able to make the change to which the client requests from the first year from the registration.
ANEXOS A LAS CAMPAÑAS DE PUBLICIDAD DE GOOGLE ADWORDS
Google Adwords and Bing advertising campaigns are contracted for 30 days on a closed budget with the possibility of renewal upon expiration.
The payment method in this service is “Direct debit” on a mandatory basis. The campaign charge will be due a few days after it ends. An informative email will be sent at the time of the debit. If for any reason other than Cowabi, the charge cannot be due, a second debit will be attempted by adding a 5% delay rate on the total cost of the campaign during the next 10 days.If the non-payment persists, a 15% delay rate will be added during the next 30 days.Once the 30 days have elapsed without payment of the campaign, the file will be transferred to a collection agency and the relevant legal processes will be initiated, in which case the interest of late payment is 25% on the total cost of the invoice.
If the duration of the campaign is set with a deadline, it will be automatically canceled the next business day, producing a final invoice including campaign expenses not billed so far.In the case of an indefinite campaign, the Customer must request cancellation by sending an email to [email protected] from any email account belonging to the domain of the Google Adwords campaign. The customer can also request cancellation from his control panel https://panel.cowabi.com. Once the cancellation is received by any of these means, the Google Adwords campaign will be automatically canceled the next business day, resulting in a final invoice including campaign expenses not billed so far.
ANNEXES TO THE DESIGN AND DEVELOPMENT OF WEB PAGES
The Development and / or Web Design pack is contracted for a price agreed in a particular contract of the client that will be sent individually. This pack also includes (unless otherwise indicated) – 5GB Hosting – .com or .co.uk or .uk Domain – Support during the time of web development (this period must not exceed 60 calendar days)
Web development and web layout will take place within a maximum period of 60 calendar days, (unless otherwise indicated). The client undertakes in this period to collaborate with the material that Cowabi requires for the purpose of developing the website. In the event that there is no response within 40 calendar days to one of the requests, the project will be suspended and Cowabi will terminate all activity related to it. The reopening of the project is possible again by paying 50% of the total cost of the budget.
The web design and development service includes free support and maintenance during the web development period (maximum 60 calendar days from the beginning of the web page). Once this period is over and the website has been delivered, it is the client’s decision to contract a new Support and maintenance that will be agreed in a particular contract of the client.
ANNEXES TO PROMOTIONAL CAMPAIGNS
Cowabi reserves the right to cancel or suspend any promotion or any order in progress, under the sole discretion of cowabi. The case of suspending an ongoing order from a promotional campaign will be made within the first 15 calendar days.
CONDITIONS OF THE PERSONAL HOSTING PROMOTION AT £ 0.99
The Personal Hosting promotion at £ 0.99 includes two or three services during the first year for a promotional price of £ 0.99
1.- Personal hosting of 5GB capacity for 1 year
2.- Domain Registration .com or .co.uk or .uk for 1 year (.com domain transfers are not included)
3.- SSL Certificate for 1 year (optional element) Transferring the domain to another registrar or not using these services once contracted does not imply cancellation of this contract.
The promotion lasts 5000 packs. Limit 1 pack per customer and IP Hosting. In the event that the customer purchases more than 1 promotional pack Hosting Personal L5, authorizes Cowabi to invoice the service at an ordinary price published on the web. (The cost at 01/01/2016 is: £ 35.88 Hosting and Domain Pack + £ 29.99 SSL certificate cost Management fee not included) In subsequent years, if the customer does not request cancellation, the Domain and hosting will be renewed automatically 30 days before the expiration of the service, at the price presented on the web. The hiring and renewal of the domain will entail the obligation of the client to pay the price established for the same and the authorization of the client so that Cowabi can collect said amount from the client’s bank account.If you decide to cancel the service during this period, the amount paid will not be refunded.
CONDITIONS OF THE ADVANCED HOSTING PROMOTION AT £ 1.99 / YEAR – £ 0.49 / MONTH
The Advanced Hosting promotion at £ 1.99 (original price £ 59.88) includes two or three services during the first year for a promotional price of £ 1.99 / year or £ 0.49 / month.
1.- Personal hosting of 10GB capacity for 1 year
2.- Domain Registration .com or .co.uk or .uk for 1 year (.com domain transfers are not included)
3.- SSL Certificate for 1 year (optional element) Transferring the domain to another registrar or not using these services once contracted does not imply cancellation of this contract.
The promotion has a duration of 2500 packs. Limit 1 pack of Hosting per client, IP and DNI. In the event that the client acquires more than 1 promotional pack Advanced Hosting L10, authorizes Cowabi to invoice the service at an ordinary price published on the web.In the following years, if the client does not request its cancellation, the domain and the hosting will be It will automatically renew 30 days before the expiration of the service, at the price presented on the website. The hiring and renewal of the domain will entail the obligation of the client to pay the price established for the same and the authorization of the client so that Cowabi can collect said amount from the client’s bank account. The domain may not be transferred to another registrar until its 12 months. If it decides to cancel the service during this period,The amount paid will not be refunded.
CONDITIONS OF THE PERSONAL HOSTING PROMOTION AT £ 1.99 WITH 2 DOMAINS
The Personal Hosting promotion at £ 1.99 (original price £ 35.88) includes two or three services during the first year for a promotional price of £ 1.99.
1.- Personal hosting of 5GB capacity for 1 year
2.- Registration of the same domain with the terminations .com and .co.uk or .uk for 1 year (Transfers of domains .com are not included). If one of the domains is not available, only the primary domain that is requested with the order will be registered.
3.- SSL Certificate for 1 year (optional element) Transferring the domain to another registrar or not using these services once contracted does not imply cancellation of this contract.
The promotion has a duration of 5000 packs. Limit 1 pack of Hosting per client, IP and DNI. In the event that the client acquires more than 1 promotional pack Hosting Personal L5, he authorizes Cowabi to bill the service at an ordinary price published on the web.In the following years, if the client does not request its cancellation, the domain and the hosting will be It will automatically renew 30 days before the expiration of the service, at the price presented on the website. The hiring and renewal of the domain will entail the obligation of the client to pay the price established for the same and the authorization of the client so that Cowabi can collect said amount from the client’s bank account. If you decide to cancel the service during this period, the amount paid will not be refunded.
CONDITIONS OF THE PROMOTION DOMAINS .XYZ £ 0.50
The .xyz domain promotion includes 1 year of registration. The renewal will be billed at the rate of £ 10.99 / year. In addition, a 1GB Promotional Hosting is given together with the domain for 1 year. (Original price £ 0.99 / month) .The promotion has a duration of 1 month, ending on June 30, 2016. Limit 3 domains per customer and IP. In the event that the client acquires more than 3 domains, he authorizes Cowabi to invoice the service at the ordinary price published on the web.In the subsequent years, if the client does not request its cancellation, the domain and the hosting will be automatically renewed at the price presented on the web. The hiring and renewal of the domain will entail the obligation of the client to pay the price established for the same and the authorization of the client so that Cowabi can collect said amount from the client’s bank account.If you decide to cancel the service during this period, the amount paid will not be refunded.
FREE HOSTING PROMOTION CONDITIONS BLACK FRIDAY
The FREE Personal Hosting promotion (original price £ 59.88) includes two or three services
1.- Personal Hosting of 50GB capacity for 6 or 12 months (as indicated in the promotion). After £ 4.99 / month
2. .com Domain Registration for 1 year.
3. SSL Certificate for 1 year (optional element). Transferring the domain to another registrar or not using these services once hired does not imply cancellation of this contract.
The promotion has a duration of 1000 packs, although it can be completed before. Promotion valid only for new customers or existing customers who have not benefited from any previous promotion described in these general conditions. In case the customer acquires more than 1 promotional pack, he authorizes Cowabi to invoice the service at an ordinary price published on the web. In subsequent years / months, if the client does not request cancellation, the domain and hosting will be automatically renewed 30 days before the expiration of the service, at the price presented on the website. The hiring and renewal of the domain will entail the obligation of the client to pay the price established for the same and the authorization of the client so that Cowabi can collect said amount from the client’s bank account.If you decide to cancel the service during this period, the amount paid will not be refunded.
CONDITIONS OF THE HOSTING, DOMAIN AND SSL CERTIFICATE PROMOTION FOR £ 2
The promotion is valid for 1000 packs.
The client contracts for a promotional price of £ 2, a 10 GB personal Hosting, an .co.uk or .uk domain and an SSL certificate with a website builder so that the client can create their website for the following periods:
– Domain .co.uk or .uk or .com (1 year), renewal at £ 8.99 / year
– SSL Certificate (1 year), renewal at £ 39.99 / year
– Personal Hosting 10 GB (6 months), renewal at £ 17,94 / 6 months
– Website builder (for life), with no renewal cost.
In case of not wanting to renew the services described above, the client must communicate from his control panel the cancellation of the renewal with a minimum of 30 days before its expiration.
FREE HOSTING, DOMAIN AND CERTIFICATE PROMOTION CONDITIONS
The promotion is valid for 1000 packs. Likewise, the promotion can be interrupted temporarily at any time.
The client contracts for a promotional price of £ 0, a 10 GB personal Hosting, a .com or .co.uk or .uk domain and an SSL certificate for the following periods:
– Domain .co.uk or .uk or .com (1 year), renewal at £ 8.99 / year or £ 11.99 / year respectively.
– Personal Hosting 10 GB (12 months), renewal at £ 35.88 / year.
In case of not wanting to renew the services described above, the client must communicate from his control panel the cancellation of the renewal with a minimum of 30 days before its expiration. Promotion valid only for new customers or existing customers who have not benefited from any previous promotion described in these general conditions. In subsequent years / months, if the client does not request cancellation, the domain and hosting will be automatically renewed 30 days before the expiration of the service, at the price presented on the website authorizing Cowabi to charge said amount on the credit card the client’s.
CONDITIONS OF THE PROMOTION HOSTING, DOMAIN, SSL CERTIFICATE AND WEB DEVELOPMENT.
The promotion is valid for 1000 packs.
The client hires a service pack:
– .co.uk or .uk (1 year) renewal £ 8,99 / year
– SSL Certificate (1 year) renewal £ 39,99 / year
– Personal Hosting 10GB (6 months), renewal £ 17,94 /6 months
– annual – Development of a web page, which has a monthly maintenance associated with it (first month included in the price), which will be renewed monthly. The lowest cost maintenance pack will be selected by default (£ 29 / month).
All services are renewed automatically, in case you do not want to continue, you must cancel via your control panel at https://panel.cowabi.com with at least 30 days before its expiration and 30 days after your contract.
The maintenance of the website cannot be canceled until at least 12 months have elapsed from the start of the contract.
In order for web development and design to take place, it is essential that the client provide all the documentation requested (images, texts, videos, etc …). The maintenance of the website will begin to be invoiced on the 31st day since the contract starts, therefore, we recommend providing the documentation during the first month.
LIFETIME HOSTING PRODUCT CONDITIONS – LIFETIME
The Hosting for life will be hired for an indefinite period, paying a single fee of £99. The client will have access to the Hosting indefinitely to the service unless one of the following reasons occurs:
– Closure or bankruptcy of the company that provides the Hosting (Cowabi Ltd.)
– Absence of customer activity in your Hosting account for more than 1 year.
– Hosting incurs an activity not allowed in this contract (see section ANNEXES TO WEBHOSTING / SERVERS => Exclusions)
– Hosting incurs an illegal activity: phishing, hacking, etc.
– Hosting contains viruses or scripts that compromise the proper functioning of the server for other clients.
The client can terminate the contract when he considers it appropriate. Once processed the withdrawal of this service is not possible recovery or re-activation.