THE PARTY, Xarxa de transmissions Santiago, Ltd., a business constituted by the
public code on the 7th of September of 2004 before the notary
D. Josep Estañol i Cornella; a company registered in the commercial register
of Andorra la Vella in the book S-145, pages 161-170 with the address Carrer Mestre
Xavier Plana, Edifici Borda del Sola,
numero 20, Escala B, Átic. A. and with the registration number 11256, from
now on called XARTRA.
THE SECOND PARTY, the client, a physical or legal person who completes the
contract form appearing on www.xartra.com, with the required data and with whom
xartra.com establishes a commercial activity through the contract. The client
knows, understands and freely accepts the contract herein after having read
the characteristics of the services. The client will in any case be receiver
of the services rendered by xartra.com, either for personal use or for an authorized
third party, if the services referred to permit it according to the conditions
established with the client. The contract can only be valid through the previously
mentioned form, and not any other method of communication.
From now on known as THE CLIENT.
Both parties, who warrant full legal capacity to celebrate this Contract, and
mutually recognize this capacity,
MANIFEST
I. That xartra.com is an internet service provider through the web page located
at URL: www.xartra.com, of which it is full owner of. Among the services rendered
by XARTRA are domain registering and parking, web page design and hosting, including
other activities in its field.
II. The CLIENT is interested in the web page housing services offered by XARTRA.
III. In consideration with THE CLIENT, XARTRA is fully capable offering the
services THE CLIENT requires, with the necessary mediums to fulfil them, both
parties agreeing to the present contract also agree to the following
CLAUSES
1ST - AIM.
The aim of this Contract is to regulate XARTRA´s professional services
offered to THE CLIENT.
XARTRA promises to use its full capacity and professional experience to service
the CLIENT, adjusting the amount necessary depending on the type of Hosting
required.
2ND - DESCRIPTION OF SERVICES.
2.1 The technical characteristics of XARTRA´s services regulated by this
contract are clearly stated in the web page www.xartra.com. These services are
grouped in resource packs for web page hosting as well as the use of tools with
the same aim.
2.2 The conditions herein this contract apply to those services on the web
page at the moment of contract, including any corresponding additional services.
3RD - DURATION.
3.1 XARTRA´s services warranted in this contract will start once the
CLIENT makes the payment in conformity with the annexe METHOD OF PAYMENT.
The activation of the contracted service depends on the chosen method of payment
and the time it takes for XARTRA to verify this payment, an average of less
than 72 hours.
3.2 The duration of the present contract will depend on the type of invoice
chosen by the client in the contract form.
3.3 The contract will automatically take effect with the payment of the corresponding
invoice, and will not cease until the client explicitly requests cancellation
through the XARTRA control panel, with a minimum of 15 days. When the contract
is resolved in this fashion, THE CLIENT must pay for all services rendered by
XARTRA up to the moment of cancellation while all other services remain suspended.
4TH - XARTRA´s OBLIGATIONS AND RESPONSIBILITIES
4.1 XARTRA promises to service the CLIENT, the reason for this contract, with
all of its effort in order to maintain active service 24 hours a day, 7 days
a week.
4.2 XARTRA does not guarantee the complete continuity of service because of
possible technical problems, or other problems not attributed to XARTRA.
4.3 XARTRA reserves the right to temporarily suspend service for maintenance
or improvements to the system and its services.
4.4 XARTRA is not responsible for any problems attributed to a third party
that may be caused by the sharing of a single web page with other clients using
the service.
4.5 The use of xartra.com´s offered services is the responsibility of
the CLIENT, thus in no situation is XARTRA directly or indirectly responsible
for any damage THE CLIENT may inflict on a third party.
4.6 In no case is XARTRA responsible for the loss of data, business interruptions
or any other harm caused by the workings of the service including not complying
with the CLIENT´s expectations.
4.7 The client renounces the right to claim for loss of data, service interruptions
or for damage done by improper functioning of the service.
4.8 In the case that the service is interrupted for more than 24 hours, the
client could demand a refund from XARTRA for the amount corresponding to that
period.
4.9 XARTRA reserves the right to temporarily suspend service for any problems
in payment for the services.
In the case of suspension for this reason, XARTRA will first notify the CLIENT
of the incidence, and if after 5 consecutive days from notification THE CLIENT
does not make the payment, the service will be suspended along with the contract
for incomplete payment.
4.10 XARTRA will send all notifications to THE CLIENT´s email address
as submitted by THE CLIENT. XARTRA is not responsible for any problems occurring
from a non-functioning email.
4.11 To maintain the quality of service to other clients, XARTRA reserves the
right to suspend service for detecting a highly abusive use of the CPU (abusive
is understood as 3% or more per user), server memory and other system resources
after notifying the client and the problem continues.
4.12 The SMTP server and the XARTRA email accounts are designed for personal
or professional use, but never for sending large quantities of emails. XARTRA
reserves the right to suspend service it detects THE CLIENT´s improper
use of the outgoing mail (SMTP).
5TH - THE CLIENT´S OBLIGATIONS AND RESPONSIBILITIES
5.1 The use of the services in an immoral fashion is prohibited, in specifically:
- Any illegal use that goes against the Andorran laws or that infringes against
the rights of other third parties.
- The publication or transmission of any content that XARTRA finds violent,
obscene, abusive, illegal, racial, xenophobic or defamatory.
- Decoders, software serial numbers or other content that infringes on the
intellectual property of third parties.
- The use of the email address with the aim of spamming (sending massive amounts
of unsolicited commercial or any other emails) including sending large emails
with the aim of blocking the server.
- Solicit the websites hosted on the server by sending large amounts of unsolicited
emails, even if the resources used are not the servers.
5.2 THE CLIENT agrees to be aware of the amount of uploads from the virtual
server since necessary actions will be taken if the amount increases excessively.
For this, THE CLIENT can access his/her control panel in order to check the
daily and monthly amount of uploads.
5.3 THE CLIENT agrees to submit a functioning electronic email address in order
to receive XARTRA´s notifications.
5.4 THE CLIENT is completely responsible for the contracted services and all
of the content stored in it.
5.5 THE CLIENT will compensate XARTRA for any expenses attributed to the responsibility
of the client, including fees and XARTRA´s legal expenses, including in
a non-definitive court decision.
5.6 The client is prohibited from accessing, modifying, viewing the configuration,
structure and files of XARTRA´s servers. Any problems that may occur in
the servers and security systems of XARTRA as a direct result of the client's
negligence will be taken to the fullest extent of the corresponding law.
5.7 Under no conditions are web pages or files permitted that download files,
programs (illegal or original) mp3, avi, wav or any other format that due to
their large amount of downloads block the server. To regulate the datacenters
and upstreams, the 6667 and 6669 ports and others related to the IRC can be
closed, and the server itself can be closed if it has some IRC server that affects
the web in which its hosted. In this case the client will be notified and if
these files are not eliminated within 24 hours the service will be cancelled.
6TH - SERVICE PRICES.
6.1 The prices for XARTRA´s services are displayed on the website www.xartra.com
and are subject to the taxes imposed on the CLIENT.
6.2 Registering for services in xartra.com offered by xartra.com is free.
6.3 If the amount of data transferred supersedes the amount initially contracted,
the CLIENT must pay the difference monthly according to the prices set on the
web page www.xartra.com.
6.5 XARTRA will charge a fee of 3 euros for every change in housing service
packs submitted by the client.
7TH - METHOD OF PAYMENT.
7.1 The payment for XARTRA´s services must be made in advanced.
7.2 Payments can be made by credit card or through the Paypal payment system
at the URL http://www.paypal.com. Whatever problem, incidence or improper use
incurred with this payment system is not in any case the responsibility of XARTRA.
THE CLIENT renounces its right to claim for problems incurred with the use of
the PAYPAL payment site with URL http://www.paypal.com.
8TH - DEPOSIT.
8.1 XARTRA reserves the right to demand a deposit from the CLIENT when the
data transfer limit has been surpassed by more than 20% of the monthly Gigabytes
contracted.
8.2 The deposit referred to in the previous clause will be refunded to the
CLIENT at the moment in which the services are completed or through a refund
in the last invoice.
9TH - MODIFICATIONS.
9.1 XARTRA reserves the right to modify the service characteristics provided
with the aim of working towards the improvement of these,
XARTRA should notify the CLIENT as soon as possible of the changes made.
THE CLIENT will have 15 days to communicate that s/he is not in accord and cancel
the contract. After this period, if the CLIENT has not responded, it will be
understood that s/he accepts the new conditions.
10TH - REFUND WARRANTY.
10.1 The client has 30 days from registering the service to dissolve the present
contract without any penalization or fees, except for the charge of any of the
client's outbound transfer of data from the virtual server.
10.2 After exercising this right, XARTRA will refund the amount paid for the
services except for the charge corresponding to the client's transfer of date
made during the service period.
11TH - CAUSES FOR CONTRACT RESOLUTION.
Only a full or partial breach of contract that is stated by one of the two
parties of some or all of the obligations and agreements assumed herein this
contract, will allow the other party to unilaterally resolve the contract.
In specific, causes for early resolution of the Contract herein include:
- Bankruptcy or non-payments of either parties.
- If the CLIENT does not comply with the obligations stipulated in this Contract.
- The CLIENT cancels his/her order though the Control Panel within 15 days
of the order expiration date.
12TH - NOTIFICATIONS.
12.1 XARTRA will notify the CLIENT at the email address indicated by the client.
12.2 THE CLIENT will notify XARTRA by email at the email address facturación@xartra.com,
including his/her user name or email and password for identification purposes.
13TH - GENERAL.
This Contract is the complete agreement of the parties pertaining to the object
herein and substitutes and replaces any other previous agreement, oral or written,
between the two parties.
Therefore, in the case of a contradiction between the conditions stated in
the present agreement and any other previously signed agreement, what is stipulated
in the agreement herein supersedes it.
Nothing stipulated in this Contract supposes a part identity or that one is
considered an agent of another. If the contrary, neither party would need respond
to the any declaration, act or omission of the other party.
If neither of the two parties does not claim any of their rights in accordance
with this Contract, it will not constitute the resignation of these rights in
the future.
The stipulations included in this Contract with explicit or implicit intentions
of remaining active after the moment of resolution or expiration of it, will
maintain active and will continue bonding both parties in agreement of the stipulated.
14º LIMITS OF GUARANTEE AND RESPONSIBILITY
14.1 In no case is XARTRA, nor its managers or executives,
administrators, stock holders, agents or dependent employees responsible for
any direct or indirect cause in relation to the client's use of XARTRA´s
services.
14.2 The parties understand that activating this contract does not suppose
any type of representation, delegations, guarantee or other distinct agreements
not explicitly stated in this contract; and all terms, conditions, guarantees
or other aspects implicated by other agreements or general regulations are explicitly
excluded to the fullest extent of the law.
15º - NULLITY
If any stipulation of this Contract is declared fully or partially null or
without effect by any court or authority, the other remaining stipulations maintain
their validity, except when the parties, with discretion, request the cancellation
of the contract.
16º - APPLICABLE LEGISLATION AND COMPETENT COURTS.
16.1 In whatever unforeseen aspect of this contract, as well as in any interpretation
or resolution of conflicts that may arise between parties from this, the Andorran
legislation will be applied.
16.2 If a conflict or difference between the two parties arises over the interpretation
and execution of this contract, and it is not resolved in a mutual agreement,
the conflict is made known by a written statement from one party to the other
and will be settled by an intermediary arbitration in Andorra la Vella.
Each party is responsible for their own expenses in relation to the arbitration,
even though the indemnity and expenses of the arbiter will be dealt with in
the arbitration's decision.
16.3 Everything previously stated will be completed without any prejudice knowing
that the parties can be subject to a court proceeding. In this case, the proceeding
will take place under the jurisdiction and authority of the Andorran court and
tribune, explicitly renouncing all personal codes in the case that the procedural
codes allow it for being otherwise.
16.4 If reasonably possible, the fulfilment of this Contract will continue
throughout the course of the conflict and/or arbitrational or judicial proceeding.