AGB

1. Company Details

In accordance with article 10 of Law 34/2002 of July 11, Services Information Society and Electronic Commerce Services, below are the identifying details of the company.

Business Name

Digital Share
Miloja Pavlovica 9, II/6
34000 Kragujevac

E - mail:
info@digitalshare.eu

Telephone
+381 (0) 34 362 595

2. Intellectual Property Disclaimer

The copyright of the material on this site, such as text, source code, graphics or images, is the property of Digital Share. Its availability does not imply license for reproduction and/or distribution and it is not permitted without the prior consent of Digital Share.

3. Miscellaneous

3.1. Digital Share can modify, without prior notice, the information contained on its website, as well as its settings and presentation.
3.2. Digital Share is committed through this website not to make misleading. For this purpose, therefore, it will not be considered as advertising, formal or numeric errors which may be found throughout the content of the various sections of the website of Digital Share, produced as a result of maintenance and/or incomplete update of information contained in these sections. Digital Share, in accordance with the provisions of this paragraph, undertakes to correct it as soon as it becomes aware of such errors.
3.3. Digital Share undertakes NOT TO SEND ADVERTISING CORRESPONDENCE WITHOUT IDENTIFYING IT AS SUCH, in accordance with the provisions of Law 34/2002 of the Information Society and Electronic Commerce. For this purpose it will not be considered as advertising information sent TO THE CLIENTS of Digital Share, provided its purpose the maintenance of the existing contractual relationship between client and Digital Share and the performance of tasks information, training and other activities of the service which the client has contracted with the company.
3.4. Digital Share is not responsible for any breach of any applicable rule that may be incurred by the user's access to the website http://www.digitalshare.eu/ and/or usage of the information contained in the same.
3.5. Digital Share is not responsible for any damages caused or that may occur, which is resulting from the use of information, materials contained in this web site and the programs included. The links and hypertext, which, through http://www.digitalshare.eu website, allow the user to access features and services offered by third parties not owned or under the control of Digital Share. Digital Share not liable for the information contained in these nor for any effects that might result from such information.
3.6. Digital Share is not responsible for the illegitimate use that third parties may make of the brand names, product names and trade names which are not property of the company and appears on the website http://www.digitalshare.eu. Also it is not liable for the integrity, veracity and legality of the content of links to websites which can be accessed from http://www.digitalshare.eu.
3.7. Digital Share is not responsible for viruses which originate in a data transmission by third parties (e.g. macros in word processors, Java applets and Active X programs), created with the purpose of obtaining negative results for a computer system.
3.8. Ultimately, users are solely responsible for the use they make on services, contents, links and hypertext on http://www.digitalshare.eu website.

GENERAL CONDITIONS

1. Object, modifications and performance

1.1. These Terms, together with the Special Conditions, corresponding performance descriptions and lists of fees, which in each case are established, will regulate the provision by Digital Share Services and Web hosting, domain name registration, servers, electronic mail service, applications and tools (hereinafter, the "Services"), as well as other services in the future provided with the right to change the remuneration payable by Client. Such services confer the CLIENT a right to use the products offered, according to the terms and conditions and terms of the general conditions and the special conditions, if any, are in place.
1.2. Digital Share can modify the content of these General Terms by mediating acceptance of the Client; in the communication referred to these effects, Digital Share shall provide the information concerning the modification and the consequences of no objection to the Client. The acceptance of the modification of the General Conditions will be considered always when the Client did not reject within four weeks after receipt of the communication notifying the change. If the Client communicate its rejection to the Digital Share within that period, the General Conditions under which the Contract is signed remain in effect.
1.3. These General Conditions take precedence over any general condition that Client could claim, unless expressly agreed otherwise in which, this is stated by giving written acceptance of Digital Share.
1.4. These General Conditions will be applicable as long as does not conflict with provisions of the Special Conditions.

2. Rights and obligations of the parties

2.1.1. The Client will be entitled to use the Service or contracted services under the agreed General Conditions.
2.1.2. The Client must use the Service or contracted services under the terms agreed by the parties, the applicable law and good faith.
2.1.3. The Client has to be older than 18 years.
2.1.5. The Client must provide to Digital Share their correct and complete data. Unless the Special Conditions agreed otherwise, it should be given the following information: Full name, NIF/DNI/CIF, confirmation that the customer is of a legal age, address, e-mail, telephone, the owner of the service, payment data (either credit or debit card, bank account also) and the holder of the payment data. In case that the Client is a legal entity, it should also be provided their legal form.
2.1.6. The Client has full responsibility for the content of their Web; the information transmitted and stored, its exploitation of hypertext links to third party, claims and legal actions that could trigger their performance. In short the Client is responsible for compliance with the laws and regulations that are applicable and purely on declarative way, the rules that have to do with the operation of the scheme on line, electronic commerce, copyright, law enforcement groups, and universal principles of Internet use.
2.1.7. The Client should not use the Services in a manner contrary to good faith and, in particular, not involves any of the following:
- A use that is contrary to Spanish laws or that violates the rights of others.
- Any publication or transmission of content, that is according to Digital Share, violent, obscene, abusive, illegal, racist or libellous.
- The use of cracks, serial numbers of programs or any other content that violates the intellectual property rights of third parties.
- The collection and/or use of personal data of other users without their express consent or breach of the provisions of Law 15/1999 of December 13, Protection of Personal Data.
- The use of the mail server and/or their email addresses for spam, mail bombing, phishing, escrow fraud, scam 419, pharming, spreading viruses, or other (trojans, worms, etc..) activity on saboteur, fraudulent or criminal intent. Digital Share expressly points to the Client that outgoing emails are automatically filtered by Digital Share.
- The use of web space for upload unsuitable content for hosting or storing information such as backing up any kind of data storage for file sharing or similar conduct that is not directly related to the content on a a web space.
- The use of access emails stored on the server as a "virtual hard disk", i.e. use for storing files as files or otherwise. The use of e-mail account cannot be used for purposes other than those relating to the context of e-mail traffic normally. 2.1.8. The Client agrees to take all security measures that are desirable or necessary to preserve the confidentiality and secrecy of username (Login) and Password to access the portal Digital Share which will be in any case, personal and transferable
2.1.9. In case of violation of any of the obligations set out in points 2.1.3, 2.1.5, 2.1.6, 2.1.7 and 2.1.8, Digital Share will be entitled to terminate the contract with the Client without having the right to claim Also, Digital Share has the right to terminate providing services 48 hours prior in written notice, which may be in the form of e-mail, and where appropriate, subsequent cancelation is possible.
2.2.1. Digital Share guarantees that the contracted services will be provided in the manner provided in these Terms and, if applicable, as specified in the Special Conditions.
2.2.2. The Client has no right to demand that the server assign the same IP address for the entire term of the contract.
2.2.3. For each Internet domain Client may implement a single rate of Digital Share.
2.2.4. Unless otherwise agreed, it is considered that monthly transfer volume indicated at the time of recruitment through http://www.digitalshare.eu/ is included in the rate. The volume of data used is deducted from the sum of all data transmissions from the use of the product by the Client (e.g. emails, downloads, uploads, web pages). To determine the volume of data, one Gigabyte equals one thousand Megabytes, one Megabyte equals one thousand Kilobytes and Bytes equals one thousand Kilobytes. If the Client in a month exceeds the transmission volume included in the rate, Digital Share reserves the right to charge the difference between the amount included in the contracted rate and the volume actually consumed at that time. This right does not apply in the case of the transmission volume provided in the contracted rate is unlimited.
2.2.5. Digital Share reserves the right to transfer a Client to a server with more capacity in case of being close to the full capacity of the server. For such a transfer may be technically required period of inactivity. If the Client uses an amount of space that Digital Share consider excessive Digital Share will contact the Client to arrange a solution.
2.2.6. The Client should choose a certain rate when placing the order. Unless otherwise agreed, it is not possible to combine different offers.
2.2.7. Digital Share provides a guarantee of operation of the Services which enables the Client to receive a full or partial payment of the fees paid in the case of the total availability of the web pages hosted by Digital Share is less than 99%. In case that Client demonstrates dissatisfaction of the total availability of the hosted pages and if it is less than the above reference, the Client can contact Digital Share to request a subscription rate for that time proportional to the unavailability to be allocated to the future purchase of Digital Connect Services Ltd. The tickets are not redeemable for cash and do not affect the taxes that apply. The payments are not applied to interruptions caused by (a) periodical scheduled maintenance or repairs carried out from time to time by Digital Share (b) unavailability caused by the Client, (c) impact of availability do not limit browser access to the website of the Client (e.g. ftp service interruptions or e-mail); (d) suspension of the Client due to legal actions taken or announced against Client or services, (e) suspension of the Client's account for violations of the General Conditions, such as, the excessive use of system resources, non-payment or payment incidents or fraudulent identification or violation of the General Conditions of Contract, or (f) causes beyond the control of Digital Share or which are not reasonably foreseeable by Digital Share.
2.2.8. Digital Share may temporarily limit or terminate access to Client’s performance when they need to provide the security of network service, maintenance of network integrity and, especially, to avoid serious disruptions of the network, software or stored data. Such interruptions shall be notified, as soon as possible from the Client’s side by http://www.digitalshare.eu/ or via email. The previous obligation shall not be required to Digital Share in cases of force majeure or if a power failure data is the basis for the provision of the will and beyond his control occurs. Digital Share reserves the right to permanently cancel the above access in the case that the Client serious breach its obligations. These effects are considered as serious infractions referred in clause 2.1.9 of the General Conditions.
2.2.9. Digital Share is not responsible for:
- The content hosted on the user assigned to the service area;
- Possible equipment damage due to misuse thereof (which will be the responsibility of the Client);
- Damage due to infection by virus from their computers;
- Errors produced by access providers;
- Any illegitimate intrusion by a third party;
- Defective configuration by the Client.
2.2.10. Digital Share can assign its rights and obligations under these Terms to one or more third parties. In this case, the Client can terminate the contract immediately.
2.2.11. Digital Share is free to choose the technical resources that can be related to technology and/or infrastructure, in order to facilitate the provision of services.
2.2.12. Digital Share will not be responsible for damages of any nature caused to another party or the Client as a result of the improper or illegal use of the Services by the Client.
2.2.13. Any claim by the Client to the Digital Share should be filed within a period of four weeks from the time the Client becomes aware of the defects and interruptions on object of the claim. The notice should be in written form, which may also be made by email if the Client adds to the claim its full name, NIF/DNI/CIF, address, e-mail, telephone and the owner of the service and provides the electronic record of an electronic signature in accordance with current regulations. Claim defects and interruptions are excluded if not alerted in time. The complaint should be directed to the following address: Digital Share, Miloja Pavlovića 9, II/6 3A,34000 Kragujevac or via email at info@digitalshare.eu. Following notification for defects and interruptions, objects of the claim, the Customer shall grant from Digital Share within 20 days to restore the proper functioning of the service. During this period, the Client may not take any action against Digital Share or terminate the contract because of such defects and interruptions.
2.2.14. Digital Share is responsible in any of damage resulting from a breach of contract that a seriously reckless or intentional behaviour of Digital share Ltd or one of the persons from Digital Share, to fulfil its obligations. If the breach of contract does not occur in a wilful or grossly negligent, the liability of Digital Share shall be limited to the amount of damage that is expected or could have foreseen on the conclusion of the contract, except in any case of lost profits. In any case, unless the law provides otherwise, the quantification of the above responsibilities will be limited to the services that the Client has paid to the Digital Share for contracted services.
2.2.15. Digital Share reserves the right to terminate account of the Client if Client uses more than a maximum of 5% CPU or exceeds a maximum of 512 MB of RAM. In this case Digital Share will not suspend the account before sending a custom quote to the Client.
2.2.16. Multiple domain names for SEO purposes are also allowed. A hosting account is designed for a single website.
2.2.17. A free domain name is a one-time discount of 19.90€ and is only available for users who place an order of webhosting.

3. Licensing, Intellectual Property

Digital Share owns or is authorized to use by the lawful owner of the copyright, trademark, intellectual property rights, know-how and all other rights relating to the services agreed with the Client, as well as computer programs needed to implement the information it receives.
Client must respect the use of third-party programs that are made available to them by the Digital Share even if they were free, and that Digital Share has to comply with the necessary exploitation rights.
Under these General Conditions, Client will not gain absolutely any rights or licenses for services, computer programs needed to provide services or information on the technical monitoring services, other than the rights and licenses necessary to comply with the General Conditions and only for the duration of the contracted services.
The client undertakes to ensure that any person who uses the program respects the terms of use. The client can use only programs on one computer at a time. As “use” of the program it is considered when they are in main memory or on a storage medium of the computer. It will not be considered by using a program that is installed on a network server solely for the purpose of distributing the program.

4. Pricing and Payment

4.1. The prices included in the price list are fixed. Prices depend on the choice of the agreed fee in the relevant circumstances. If it is agreed with using independent price of usage, Digital Share can establish a prepaid system. The price referred on usage or consumption will be charged after delivery.
4.2. Digital Share may increase the cost of services not more than once per calendar quarter with four weeks notice before the end of the quarter. In order to increase consider as valid it is required consent of the Client; It will be considered approved if the Client does not state his disagreement with that increase, within four weeks in written notice, sent by email (Digital Share, Miloja Pavlovića 9, II/6 3A, 34000 Kragujevac) or by servis@digitalshare.eu. If Client does not declare their disagreement, the alternative would be in having the right to terminate the contract during the same period, followed by an agreement effective with the new rates applied.
4.3 All prices, costs and fees are listed in the General and/or Specific Conditions without the addition of the relative amounts of the "indirect taxes", in accordance with applicable law.
4.4. If there are changes in the taxation of the agreed services, Digital Share may adapt their prices.
4.5. Invoices will be issued and sent to the customer via e-mail. Client agrees to use e-mail as the only way applicable to the receipt of invoices generated for the Services.
4.6. Depending on the services provided and the method of payment secured by Digital Share, payment of invoices will be made through a bank account specified by the Client or by a credit card of a Client. Client authorizes Digital Share for this debit card or debit to accounts during the contractual relationship.
4.7. In case of non-payment, the Client will pay the cost of the payment terms, as well as the cost of returning the payment slip and other accrued expenses from already mentioned reasons attributable to the Client, including the costs and fees for lawyers of Digital Share.
4.8. Digital Share reserves the right to suspend services due to any incident during payment and/or due to non-payment. If the Client does not continue to pay for services within 14 calendar days of the date of calculation, Digital Share may immediately suspend and resume a claim due amount, with the possibility of subsequent termination of the contract with the client for violation of conditions.
4.9. SSL certificate requires a unique IP address. This is not included in the price of SSL certificates.
4.10. Unique IP address costs € 4.95 per month and Client has to provide a valid reason (for RIPE).
4.11. The minimum limit for the domain registration .uk is 2 years.
4.12. Domain registration .ru requires a copy of a valid identification documet in the case of an individual, and a valid copy of the registration form of Chamber of Commerce for the organization.
4.13. Domain registration .it is only possible for individuals and organizations from the European Union, and requires a copy of a valid identification document from an individual; an organization must provide a valid VAT number (CIF).
4.14. Redirect domain is available only to customers who have ordered hosting.
4.15. DNS control is available only to customers who have ordered hosting.
4.16. The Client has the option to do back up from the control panel, but Digital Share also has its own copy (backup). The Client may request Sologic recovery solution backup - this involves a one-time payment between 30€ and 50€, unless the Client has a subscription to backup; in this case payments is in between 1€ and 3€ per month.

5. The offer, formalization and extension of the contract

5.1 After a phone request or sending online request from the Client to Digital Share can accept the request for the implementation of the contract within 14 days. Digital Share will make available to the Client the General Conditions of Contract which are composed in such a way that it can be stored and played back.
After above mentioned petition or request from the Client, Digital Share will confirm the contract via welcome e-mail in which will inform the Client about the activation of the contracted services and their details.
5.2 Unless otherwise agreed, the contract has unlimited period of validity.
5.3. If contract is signed for a certain period or with minimum period of validity, it can be extended in any case by the agreed time, or the minimum period of not more than one year, if the request is not submitted within four weeks prior to the scheduled time or the end of the minimum period. The provisions of this section shall be applicable unless agreed otherwise in the Special Conditions.

6. Termination of the contract

6.1. The contract may be terminated by mutual consent of the parties.
6.2. Digital Connect LTD may terminate the contract when the remaining period of validity is less than 6 months with a notice of one month in advance; if the remaining validity period is between 6 and 12 months, the notice period is 2 months, and if the period is longer, the deadline for giving notice is 3 months. Contractual relations between Digital Share and Client who did not have a fixed term may be terminated by either party at any time without any justification. Such termination shall become effective on the last day of the month in which the termination of cooperation informed the other party.
6.3. The Client may cancel the contract before the expiration of conditional minimum time commitment, under the condition that Digital Share refunds the difference in price between mentioned contract and the contract during which Digital Share has offered in a form which is not conditional on minimum contractual obligations for the same products or services.
6.4. Any resolution to be effective must be in written form, where is also considered a communication by fax to the number specified for this purpose in http://www.digitalshare.eu/.
6.5. The client can unsubscribe via this article. For it is necessary to download the PDF document which is available in mentioned article, print it, fill it, scan it and send it via e-mail at info@digitalshare.eu. After receiving the e-mail support ticket that can be answered via e-mail to confirm identity and check-out will be opened. Only after authentication a request for cancellation will be considered.
6.5.1. Cancellation of hosting products must be confirmed one month before the end of the contract, otherwise it will automatically extend the contract for the same period previously agreed upon.
6.5.2. Cancellation of domain must be confirmed one month before the end of the contract, otherwise it will automatically extend the contract for the same period which was previously agreed. 6.6. If the Client requests additional benefits of the contract, the same will apply for the period originally agreed upon in the contract. Additional functions can be specified in accordance with the regulations of the complaint or the subjects of the complaint separately, while the remainder of the agreement is still valid.

7. Personal data protection

7.1. Under the current law on personal data protection, Digital Share notifies the Client of the existence of computerized personal data files, for which is responsible Digital Share.
7.2. Digital Connect explicitly warns the Client that the current state of technology development cannot fully ensure the protection of data during transmission in open networks like the Internet. The Client is aware that due to technical reasons provider has access at any moment to the pages that are taxed at the network server and any other Client data that is stored there. In addition, other Internet users may be technically ready to unauthorized affect the safety of the network, controlling the traffic of messages. The Client will be fully responsible for the security of information that are passed on to the Internet and taxed on network servers.
7.3. Client agrees with Digital Share that it can process its data in order to better service delivery. The Client may at any time realize his rights of access, rectification, cancellation and in terms of this information by written notice to the Digital Share, Miloja Pavlovića 9, II/6 3A, 34000 Kragujevac or e-mail. Client can also realize his rights in accordance with the terms and the applicable regulations pertaining on www.agpd.es.
7.4. In the absence of express permission of the Client, Digital Share can use and distribute personal customer information that are required for the establishment and development contracts and invoicing. Digital Share will not use personal data for consulting, advertising and market research and against the express wishes of the Client.
In this case, the Client may notify us at: Digital Share, Miloja Pavlovića 9, II/6 3A, 34000 Kragujevac. Service offer from Digital Share will not depend on the consent of the Client.
7.5 Digital Connect manifests maximum respect and places great importance to the protection of Clients, whose decisions regarding the use of data are respected in all cases. Digital Share in accordance with the Law 15/1999 on the protection of personal data and any other regulations in this field, and respecting the privacy of personal data, informs the Client in detail about the basic terms and conditions of such use and security measures relating to personal information in order to prevent unauthorized access by third parties.

8. Cookies

Digital Share uses cookies that are stored on user computer. Cookies are small files which our computer sends to users, but do not give us any information about users name or any other personal information. The cookies we use cannot read data from user computer. When the user surfs the web sites of Digital Share, server which is hosted automatically recognizes the IP address of user’s computer, the date and time when visit starts, when is visit interrupted, as well as information about the different sections visited. It is necessary that the server knows this information to be able to communicate and send the request and that is visible through the search engines.
If user wants, he can set browser to notify on the screen if he receives a cookie. User can set his computer not to receive these cookies; it does not prevent access to information websites http://www.digitalshare.eu.

9. Right of Withdrawal

9.1. When the Client is a consumer and contract was concluded without the simultaneous physical presence of the Client and Digital Share (distance selling) Client will enjoy the right of withdrawal described in this section.
9.2. Client has maximum period of fourteen days to cancel the contract by written statement faxed or mailed to Digital Share , Miloja Pavlovića 9, II/6 3A , 34000 Kragujevac or via email to servis@digitalshare.eu or with tools for cancellation https//:admin.sunset - share.es, citing the data from Section 2.5, as well as personal information service (client identifier and number/s of contract) . The term for realizing the right of withdrawal, which will involve no penalty or necessity of giving reasons begins from the date of conclusion of the contract.
9.3. he right to withdraw from the Client can be used before with the express consent of the Client or on its own initiative, if Digital Share already started with the performance of the contracted services before the expiration of the withdrawal period. The client has no right to cancel the contract if Digital Share delivers the goods manufactured according to customer specifications or are clearly designed according to his needs, or if the Client has instructed to provide services before the expiration of the withdrawal period (e.g. the immediate domain name registration to the client's request), nor has rights to withdraw Digital Share delivers software on the data storage and client opens it.

10. The warranty period

Digital Share issues to the client the guarantee period of 30 days from the date of registration services, where if the Client is not satisfied with a product or service of Digital Share, may terminate the contract, with the return of the basic price that is paid. In the amount that will be returned to the Client additional costs will not be charged, such as those that occurred as related to domain names or additional services contracted by the Client. It is required a written and signed statement from the Client , sent to the address Miloja Pavlovića 9, II/6 3A , 34000 Kragujevac, which explicitly refers to the realization of the warranty. In any case, this statement will be received by the Digital Share within 30 days .
Each Client can use this option only once, regardless of the number of services for which Digital Share is engaged. This warranty applies only to the original contract, and not for successive extensions. The warranty is made only for services/contracts indefinitely. At the same time it cannot be applicable in any case the services contracted through promotional offers. To access Refund Policy of guarantee, the client must request a service that is without commitment for the current promotion. The warranty period does not apply to services server.

11. Applicable law and jurisdiction

11.1 The provisions of the General Conditions, the interpretation and resolution of conflicts that may arise between the parties, will be applied to Spanish law.
11.2 The parties will for final resolution of all disputes arising from the contractual relationship, contact the competent courts in each case.

12. Miscellaneous

12.1 If one or more provisions of the General Conditions prove to be invalid, the validity of the remainder will not be affected.

Special conditions for domain

1. Domain Registration

1.1. Different Top - Level – domains are operated by different organizations, mainly national. Each of these organizations for the assignment of domain has set different requirements for registration and management of Top-Level-Domains, their respective sub-level-domains and how to act in case of disputes over domain names.
1.2. Regarding the procedure of allocation, renewal, cancellation, modification of data, transmission management and transfer of any domain names offered by Digital Share, all relevant information relating to them is available on https://admin.digitalshare. es / and Plesk control panel. When the domain covered by the contract between Digital Share and the Client, rules are applied to the procedure above, which also regulates the relationship between them, until they are modified by individual agreements between the parties in accordance with the terms and conditions.
1.3. All notices, instructions and communications made on behalf of the Client are performed by an authorized representative of the Client for this purpose.
1.4. In creation and/or maintenance of the domain, Digital Share intervenes in the relationship between the Client and the relevant organizations for the allocation of the domain, as an intermediary. Digital Share has no influence on the assignment of domain names. Digital Share does not guarantee that the domain of the client's request will be approved and/or that required domain liberated rights assigned to third parties, or have a long-term continuity.

2. Domain rights, disputes

2.1. The Client warrants that the requested domain does not infringe the rights of third parties.
2.2. The Client is obliged to immediately inform Digital Share about possible loss of domain. If Client is planning to regain domain via a third party, he shall immediately notify the Digital Share about opened negotiations with a third party, to respond to inquiries Digital Share on the status of negotiations with the third party and that the Digital Share has rights on refund, where it does not harm the interests of the Client.
2.3. Until the Client does not provide the content for domain, Digital Share has the right to bring their own summaries or third party content, such as advertisements.

3. The duration and automatic renewal of domain registration

Domains included in the Special Conditions shall be registered for the period specified in the Special Conditions and automatically renewed for the same period, except under any of the following circumstances:
3.1. Lack of fulfilment of contractual obligations by the Client. For this purpose, due the non-payment by the Client, it will not be considered aside at this point and does not prevent the automatic renewal of the domain name;
3.2. The explicit cancellation of the contract by the Client;
3.3. Any other statutory reason.
Recovering domain obliges the Client to pay the predicted price; Digital Share can collect this amount from the bank account of the Client. This payment will be just as valid if credit card is used.