Legal Notice - Terms of Use & Conditions

FLEXBOX CLOUD SL, responsible for this Web Site, hereafter RESPONSIBLE, makes this document available to users, with which it aims to fulfill the obligations established in Law 34/2002, of July 11, on Services Of The Society Of Information And Electronic Commerce (LSSICE), as well as inform all users of the website about the conditions of use.

Any person accessing this website assumes the role of user, undertaking to observe and strictly comply with the provisions contained herein, as well as any other legal provision that may be applicable.

FLEXBOX CLOUD SL reserves the right to modify any type of information that may appear on this Web Site, without any obligation to give prior notice or to inform users of these changes, publication on this Web Site being understood as sufficient.

1. OBJECT

Through this site, we offer users the possibility to access information about our products and services.

2. PRIVACY AND DATA PROCESSING

When it is necessary to provide personal data to access certain content or services, users must ensure its veracity, accuracy, authenticity and validity. The company will give these data the corresponding automated treatment according to their nature or purpose, under the terms indicated in the Privacy and Cookies Policy.

3. INDUSTRIAL AND INTELLECTUAL PROPERTY

The User acknowledges and accepts that all the contents shown on this Web Site, in particular, designs, texts, images, logos, icons, buttons, software, commercial names, brands or any other signs susceptible to industrial and/or commercial use are subject to Intellectual Property rights and all brands, commercial names or distinctive signs, all industrial and intellectual property rights over the contents and/or any other elements inserted in the page, which are the exclusive property of the company and/or third parties, who have the exclusive right to use them in economic traffic. Therefore, the User agrees not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such content, keeping the company free from any claim arising from the breach of such obligations. Under no circumstances does access to this Web Site imply any kind of waiver, transmission, license or total or partial assignment of such rights, unless expressly established to the contrary. These General Conditions of Use of the Web Site do not confer on the Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Web Site and/or its Contents other than those expressly provided for herein. Any other use or exploitation of any rights shall be subject to the prior and express authorization specifically granted for this purpose by the company or the third party owner of the affected rights.

The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing in this Web Site, as well as the Space itself as a whole, as a multimedia artistic work, are protected as copyright by the legislation on intellectual property. The company is the owner of the elements that make up the graphic design of the Web Site, the menus, navigation buttons, the HTML code, the texts, images, textures, graphics and any other content of the Web Space or, in any case, has the corresponding authorization for the use of these elements. The content provided on the Web Site may not be reproduced in whole or in part, nor transmitted, nor recorded by any information retrieval system, in any form or by any means, unless you have the prior written authorization of the aforementioned Entity.

It is also forbidden to remove, evade and/or manipulate the copyright as well as the technical protection devices, or any information mechanisms that the contents may contain. The User of this Web Site undertakes to respect the rights set out above and to avoid any action that could damage them, and in any case the company reserves the right to exercise any means or take any legal action that may correspond to it in defense of its legitimate intellectual and industrial property rights.

4. OBLIGATIONS AND RESPONSIBILITIES OF THE WEB SITE USER

The User agrees to:

  • To make an appropriate and lawful use of this Web Site as well as of the contents and services, in accordance with (I) the legislation applicable at any given time; (II) the General Conditions of Use of the Web Site; (III) generally accepted morals and good customs and (IV) public order.
  • To have all the necessary tools and technical requirements to access this Web Site.
  • To provide truthful information when filling in the forms contained in this Web Site with their personal data and to keep them updated at all times so that they respond, at all times, to the User's real situation. The User shall be solely responsible for any false or inaccurate statements made and for any damage caused to the company or third parties as a result of the information provided.

Notwithstanding the provisions of the previous section, the User must also refrain from:

  • Making unauthorized or fraudulent use of this Web Site and/or its contents for purposes that are illicit, prohibited by these General Conditions of Use, harmful to the rights and interests of third parties, or that may in any way damage, disable, overload, deteriorate or prevent the normal use of the services or the documents, files and all types of content stored on any computer.
  • Access or attempt to access resources or restricted areas of this Web Site, without fulfilling the conditions required for such access.
  • Cause damage to the physical or logical systems of this Web Site, its suppliers or third parties.
  • Introduce or disseminate in the network computer viruses or any other physical or logical systems that may cause damage to the physical or logical systems of the company, suppliers or third parties.
  • Attempt to access, use and/or manipulate the data of the company, third party suppliers and other Users.
  • Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless you have the authorization of the owner of the corresponding rights or it is legally permitted.
  • Delete, hide or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of the company or third parties incorporated into the contents, as well as the technical protection devices or any information mechanisms that may be inserted into the contents.
  • Obtain and try to obtain the contents using means or procedures other than those which, depending on the case, have been made available for this purpose or have been expressly indicated on the web pages where the contents are located or, in general, those normally used on the Internet as they do not entail a risk of damage to or disablement of the Web Space and/or the contents.
  • In particular, and as an indication and not as an exhaustive list, the User agrees not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that:
    • In any way that is contrary to, undermines or infringes upon the fundamental rights and public freedoms recognized in the Constitution, in international treaties and in the rest of the legislation in force.
    • Induces, incites or promotes criminal, denigrating, defamatory or violent actions or, in general, actions contrary to the law, morality, generally accepted good customs or public order.
    • Induces, incites or promotes actions, attitudes or thoughts that are discriminatory for reasons of sex, race, religion, beliefs, age or condition.
    • Incorporates, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morality and generally accepted good customs or public order. Induces or may induce an unacceptable state of anxiety or fear.
    • Induces or incites to get involved in dangerous, risky or harmful practices for health and psychic balance.
    • Is protected by the legislation on intellectual or industrial protection belonging to the company or to third parties to the company or to third parties without having been authorized for the intended use.
    • Is contrary to the honour, personal and family privacy or to the image of the people itself.
    • Constitutes any type of advertising.
    • Includes any type of virus or program that prevents the normal functioning of this Web Site.

If, in order to access any of the services and/or contents of this Web Site, you are provided with a password, you are obliged to use it diligently, keeping it secret at all times. Consequently, you will be responsible for its proper custody and confidentiality, undertaking not to give it to third parties, either temporarily or permanently, nor to allow access to the aforementioned services and/or contents by outsiders. Likewise, he undertakes to notify the company of any event that may lead to the improper use of his password, such as, but not limited to, its theft, loss or unauthorized access, in order to proceed to its immediate cancellation. Consequently, as long as you do not make the above notification, the company will be exempt from any liability that may arise from the improper use of your password, and will be responsible for any unlawful use of the contents and/or services of the Web Site by any illegitimate third party. If, in a negligent or fraudulent manner, it fails to comply with any of the obligations established in these General Conditions of Use, it shall be liable for all the damages that may be caused to the company as a result of such failure.

5. RESPONSIBILITIES

We do not guarantee continuous access to, or the correct viewing, downloading or use of the elements and information contained on this Web Site, which may be prevented or interrupted by factors or circumstances beyond our control. We are not responsible for any decisions that may be made as a result of accessing the content or information offered.

The service may be interrupted, or the contract with the User terminated immediately, if it is detected that the use of this Web Site, or any of the services offered on it, is contrary to these Terms of Use & Conditions. We will not be liable for any damages, losses, claims or expenses arising from the use of this Web Site.

We shall only be responsible for removing, as soon as possible, any content that may cause such damage, provided that we are notified of this. In particular, we shall not be liable for any damages that may arise, among others, from:

  • Interferences, interruptions, faults, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in the telecommunications lines and networks, or any other cause beyond the control of the company.
  • Illegitimate intrusions through the use of malware of any kind and through any means of communication, such as computer viruses or any other.
  • Improper or inappropriate use of this Web Site.
  • Security or navigation errors produced by a malfunctioning browser or by the use of non-updated versions of the same. The administrator of the Web Site reserves the right to withdraw, in whole or in part, any content or information present on the Web Site.

The company excludes any liability for damages of any kind that may be due to the misuse of the freely available services and use by the Users of this Web Site. Likewise, the company is exonerated from any responsibility for the content and information that may be received as a result of the data collection forms, these being used solely for the provision of the services of consultations and doubts. On the other hand, in the event of causing damages due to an illicit or incorrect use of these services, the User may be claimed for the damages caused.

You will hold the company harmless against any damages arising from claims, actions or demands from third parties as a result of your access to or use of this Web Site. You also undertake to indemnify the company against any damages resulting from your use of robots, spiders, crawlers or similar tools used to collect or extract data or any other action on your part that imposes an unreasonable burden on the operation of this Web Site.

6. HYPERLINKS

The User agrees not to reproduce in any way, even through a hyperlink, this Web site or any of its contents, except with the express written authorization of the person responsible for the file.

This Web Site may include links to other web sites, managed by third parties, in order to facilitate the User’s access to the information of collaborating and/or sponsoring companies. Accordingly, the company is not responsible for the content of these web sites, nor does it place itself in the position of guarantor and/or provider of the services and/or information that may be offered to third parties through third-party links.

The User is granted a limited, revocable and non-exclusive right to create links to the home page of this Web Site exclusively for private, non-commercial use. Web sites that include a link to our Web site (I) may not misrepresent their relationship or claim that such a link has been authorized, nor may they include trademarks, names, trade names, logos or other distinctive signs of our company; (II) may not include content that may be considered in bad taste, obscene, offensive, controversial, inciting violence or discrimination on grounds of sex, race or religion, contrary to public order or unlawful; (III) may not link to any page of this Web Site other than the homepage; (IV) must link to the address of the Web Site itself, without the use of frames. The Company may at any time request that you remove any link to this Web Site, after which you must immediately remove the link.

The company cannot control the information, contents, products or services provided by other web sites that have established links to this Web Site.

7. DATA PROTECTION

In order to use some of the Services, the User must first provide certain personal data. The company will automatically process this data and will apply the corresponding security measures, all in compliance with the RGPD, LOPDGDD and LSSI. The User can access the policy followed in the processing of personal data, as well as the establishment of the purposes previously established, under the conditions defined in the Privacy and Cookie Policy.

8. COOKIES

The company reserves the right to use "cookie" technology on this Web Site, in order to recognize you as a frequent User and to personalize your use of this Web Site by pre-selecting your language, or more desired or specific content, in accordance with: Privacy and Cookies Policy.

9. REFUND POLICY

Services acquired from FLEXBOX CLOUD SL may be refunded only if cancelled within the refund period specified below in this policy. Some services have different policies or requirements for a refund associated with them, including some services that are not eligible for a refund under any circumstance. Please see below for refund terms applicable to such services.

To request a cancellation or refund during this period please contact us by email at:

email

No refund will be made if your Service are suspended or terminated for cause.

Services Refund Terms:

FlexBox Cyber Protect Cloud

Eligible for a refund within 14 days of the date of purchase of service.

Flex Sites Web Hosting

Eligible for a refund within 14 days of the date of purchase of service.

No refunds are available for the following:

  • Any additional features, services or upgrades added to your Web Hosting package and purchased at additional fee;
  • Any fees related to domain name registrations associated with your Web Hosting package;

Flex Servers

No refund once the server has been delivered.

SSL/TLS, Secure Email and Code Signing Certificates

Eligible for a refund within 14 days of the date of purchase of service.

If a USB token has been sent for the Code Signing certificate, it must be returned first so that we can make a refund.

FlexBox Mail

Eligible for a refund within 14 days of the date of purchase of service.

Domain Registrations and Renewals

There are no refunds provided for domains names after a successful registration, transfer or renew.

Installation and setup services

No refunds once the service has been executed.

10. CANCELLATION AND SUSPENSION

You may cancel your services with us at any time by following the Cancellation Process listed below. Services purchased from FLEXBOX CLOUD SL may be refunded only if eligible for refund and if cancelled within the time frame listed under REFUND POLICY.

Renewals of Services

All Services automatically renew for successive periods of equal duration, identical to the period of the initial Term. We will notify you of your upcoming renewals at least 10 days in advance and unless you submit a cancellation request.

Cancellation Process

You may terminate a Service at any time by submitting an email to

email

from an email address of record on your account with the specific rights and privileges to terminate your Services.

You must clearly state the following information:

  • The specific Service you intend to cancel;
  • Your intention to cancel the Service immediately or at the end of your term;
  • Any other instructions required by our billing department;

We require all cancellations to be submitted in accordance with this process in order to:

  • Confirm your identity;
  • Confirm in writing that you are prepared for all of your files and emails to be removed from our servers if applicable to the Service you are cancelling;
  • Document the cancellation request;

This process is intended to reduce the likelihood of mistakes, fraudulent requests, and to ensure that you are aware that your files, emails, and account may be immediately and permanently removed upon processing a cancellation request.

Termination by FLEXBOX CLOUD SL

We may terminate any Service immediately and without prior notice to you:

  • If you breach any of our policies;
  • If you fail to pay any amount due and do not make payment within 10 days of the due date.

Disposition of data upon suspension or termination.

When your account is suspended or terminated, your files, emails, and account resident on FLEXBOX CLOUD SL servers may be deleted. It is your obligation to protect that data and ensure that it remains available to you. FLEXBOX CLOUD SL has no obligation to preserve data after a suspension or termination.

11. FORCE MAJEURE

The company shall not be liable in any case of impossibility to provide service, if this is due to prolonged interruptions of the electricity supply, telecommunication lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous event.

12. CONTACT

Company name: FLEXBOX CLOUD SL

Trade name: FLEXBOX CLOUD

NIF: B71389308

Business Address: Calle de Arcadio María Larraona, 1, 2ª planta, 31008, Pamplona, Navarra, España

Email:

email

13. DISPUTE RESOLUTION. APPLICABLE LAW AND JURISDICTION

These General Conditions of Use, as well as the use of this Web Site, shall be governed by Spanish law. For the resolution of any dispute, the parties shall submit to the Courts and Tribunals of the registered address of the person responsible for this Web Site.

In the event that any provision of these General Conditions of Use should be unenforceable or void under applicable law or as a result of a judicial or administrative decision, such unenforceability or invalidity shall not render these General Conditions of Use unenforceable or void as a whole. In such cases, the company will proceed to modify or replace such provision with one that is valid and enforceable and that, to the extent possible, achieves the objective and intent reflected in the original provision.