Terms of use

Last update: October 8, 2022

1. Acceptance of the terms

These General Terms and Conditions regulate the provision by POM Design & Development SL with NIF no. B75133306 and with registered office at C/ Portuetxe 61, 3ºB. Building Bonea 20018 Donostia – San Sebastián, Gipuzkoa, registered in the Mercantile Registry of Gipuzkoa, Volume 2698, Book 0, Folio 177, Sheet SS-37596 1st Inscription, of web hosting services, registration, renewal and transfer of domain names , electronic messaging, applications and computer tools (hereinafter, “the Services”), as well as other services that may be offered to the client in the future in exchange for the corresponding remuneration to be paid by the client.

These services will confer on the client a right to use the products offered, subject to the terms, conditions and terms of these general conditions.

POM Design & Development SL may modify the content of the General Terms and Conditions upon acceptance by the client; In the communication sent for these purposes, POM Design & Development SL will provide the client with information regarding the modification as well as the consequences of not opposing it.

The acceptance of the modification of the General Terms and Conditions will be considered given provided that the client does not reject it within four weeks after receiving the communication notifying the modification.

In the event that the client communicates his rejection to POM Design & Development SL within said period, the General Terms and Conditions under which he contracted will remain in force.

2. Rights and obligations of the parties

Client rights and obligations

The client will have the right to use the contracted Service or Services in accordance with the General Terms and Conditions.

The client must use the contracted Service or Services in accordance with the conditions agreed between the parties, current legislation and good faith.

The client must be of legal age, that is, over 18 years of age.

The client must satisfy the remuneration agreed for each service or services in the terms and forms contained.

The client must provide POM Design & Development SL with their correct and complete data. It is therefore obliged to inform POM Design & Development SL immediately of any change in the data provided and confirm it again to POM Design & Development SL, at its request, within a period of 15 days from the date of the change. modification.

The following information must be provided: Full name, NIF, confirmation that the client is of legal age, address, e-mail address, telephone number, the owner of the service and the owner of the payment data. In the event that the client is a legal person, its legal form will also be provided.

POM Design & Development SL will never receive the payment data referring to the card number and bank account. These will be managed by Stripe.

The client is responsible for compliance with applicable laws and regulations and, merely by way of example, the rules that have to do with the operation of the online plan, electronic commerce, copyright, maintenance of public order, as well as universal principles of Internet use. Therefore, the client agrees to comply with all applicable laws and regulations in connection with this agreement.

The client will refrain from using the services contrary to good faith and, in particular, in a merely enunciative way, will not carry out with respect to them:

• A use that is contrary to Spanish law or that infringes the rights of third parties.
• Any publication or transmission of content that, in the opinion of POM Design & Development SL, is violent, obscene, abusive, illegal, xenophobic or defamatory.
• The use of cracks, program serial numbers 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 in contravention of the provisions of current laws.
• The use of the mail server and/or your email addresses for the purposes of spam, mail bombing, phishing, escrow fraud, scam 419, pharming, dissemination of viruses (Trojans, worms, etc.), or any other type of activity carried out with sabotaging, fraudulent or criminal intent.
  • POM Design & Development SL expressly warns the client that their outgoing emails will be automatically filtered by POM Design & Development SL to detect, where appropriate, such activities.
• The use of the web space to upload files that are not suitable for the purposes of hosting or telematic hosting, such as, by way of example, the making of backups of any kind, storage for remote uploads, storage of data for the sharing of files or behaviors similar not directly related to the contents and applications of said web space.
• The use of access to electronic messages stored on a server as a “virtual hard drive”, that is, its use for the storage of files as archives or in any other way. The use of the e-mail account may not be used for purposes other than those related to a normal e-mail traffic context.

In any case, the client will not use the web space in a way that supposes an excessive load for the teams of POM Design & Development SL or that in any way harms the functioning or operations of the teams or the network of POM Design & Development. SL

The client undertakes to adopt as many security measures as are convenient or necessary to preserve the confidentiality and secrecy of their user (Login) and password (Password) to access the POM Design & Development SL portal, which will be, in any case, personal and non-transferable.

In case of infraction of any of the obligations indicated above, POM Design & Development SL will have the right to terminate the contract with the client without the latter having the right to any claim.

Likewise, POM Design & Development SL will have the right to interrupt the supply of the service with prior written notification 48 hours in advance, which may also be done by email, and, where appropriate, to its subsequent cancellation.

Rights and obligations of POM Design & Development SL

POM Design & Development SL guarantees that the contracted services will be provided in the manner provided in these General Terms and Conditions.

The client will not have the right to demand that the servers be assigned the same IP address for the entire term of the contract.

For each Internet domain of the client, only one POM Design & Development SL fee may be applied.

Unless otherwise agreed, the monthly transmission volume indicated at the time of contracting through pomatio.com is considered included in the rate. The volume of data transmission used is deducted from the sum of all data transmissions resulting from the use of the product by the customer (such as emails, downloads, uploads, web pages). For the determination of the volume of data transmission, a Gigabyte is equal to a thousand Megabyte, a Megabyte is equal to a thousand Kilobytes and a Kilobyte is equal to a thousand Bytes.

In the event that the client exceeds the transmission volume included in the rate in one month , POM Design & Development SL reserves the right to invoice the difference between the volume included in the contracted rate and the volume actually consumed at POM prices. Design & Development SL in force at that time. This power will not be applicable in the event that the volume of transmission foreseen in the contracted rate is unlimited.

The customer will choose a certain rate when placing the order. Unless otherwise agreed, the combination of different offers is not possible.

POM Design & Development SL offers a guarantee of operation of the services that entitles the client to receive a total or partial payment of the fees paid in the event that the total availability of the web pages hosted by POM Design & Development SL is less than 99.99%. In the event that the client demonstrates to the satisfaction of POM Design & Development SL that the total availability of the hosted pages is less than the aforementioned reference, the client may contact POM Design & Development SL to request a fee payment for said proportional month. at the time of lack of availability, payment that will be assigned to the future purchase of POM Design & Development SL Services. Subscriptions are not redeemable for money and do not affect applicable taxes.

• Planned periodic maintenance or repairs carried out from time to time by POM Design & Development SL
• Unavailability caused by the customer.
• Availability incidents that do not limit the browser’s access to the client’s website (for example, interruptions to the e-mail service).
• Suspension of the client’s account due to legal actions taken or announced against the client or its services.
• Suspension of the client’s account for violations of the General Terms and Conditions of Contract, such as, but not limited to, excessive use of system resources, non-payment or payment incidents or identification of fraudulent behavior of the General Terms and Conditions .
• Causes beyond the control of POM Design & Development SL or that are not reasonably foreseeable by POM Design & Development SL.

POM Design & Development SL may temporarily limit or interrupt the customer’s access to its services when necessary for the security of the network service, the maintenance of the integrity of the network and, especially, to avoid serious interruptions to the network, the Software or data saved.

Said interruptions will be communicated, as far as possible, sufficiently in advance to the client through pomatio.com or via email. The foregoing obligation shall not be payable to POM Design & Development SL in case of force majeure or if there is a failure of the data network that serves as the basis for the provision of the same beyond its will and control.

POM Design & Development SL reserves the right to definitively cancel said access in the event that the client seriously breaches its obligations and/or in the event that, for reasons beyond the control of POM Design & Development SL, it is essential to make changes technological that prevent the continuation of the service, prior notification to the client 15 days in advance.

POM Design & Development SL is not responsible for:

• The content hosted in the space attributed to the user by the service.
• Possible damage to the equipment due to its incorrect use (which will be the responsibility of the client).
• Damage due to virus infection of your computers.
• Errors produced by access providers.
• Any illegitimate interference by a third party.
• Faulty configuration by the client.

POM Design & Development SL may assign the rights and obligations contained in these General Terms and Conditions to one or more third parties. In this case, the client may terminate the contract immediately.

POM Design & Development SL will freely choose the technical means, which may be related to technology and/or infrastructure, in order to facilitate the supply of the services provided.

POM Design & Development SL will not be responsible for damages of any nature that may be caused to a third party or to the client as a result of the improper or illegitimate use of the services by the client.

Any claim from the client to POM Design & Development SL must be submitted in writing, which may also be done by email if the client adds to the claim their full name, NIF/DNI, address, e-mail address, telephone as well as the holder of the service, and provides the electronic document with an electronic signature, in accordance with current regulations. The claim for defects and interruptions not notified in time is excluded.

The claim must be addressed to the postal address indicated at the top of this General Terms and Conditions page or by email to info@pomatio.com.

After notifying POM Design & Development SL of the defects and interruptions, which are the subject of the claim, the client will grant POM Design & Development SL a period of 20 days to restore the proper functioning of the service. During this period, the client may not exercise any action against POM Design & Development SL or terminate the contract due to such defects and interruptions.

POM Design & Development SL will be liable in all cases for damages caused as a result of a breach of contract due to malicious or seriously reckless behavior by POM Design & Development SL or by one of the persons POM Design & Development SL is responsible for. serve to fulfill its obligations. If the breach of contract does not occur in a seriously reckless or malicious manner, the liability of POM Design & Development SL will be limited to the amount of the damages foreseen or that could have been foreseen at the conclusion of the contract.

In any case, and unless there is an imperative legal provision to the contrary, the quantification of the aforementioned responsibility will be limited to the consideration actually paid by the client to POM Design & Development SL for the contracted Services.

POM Design & Development SL will provide customer support via email support@pomatio.com and in accordance with the Support Policy .

3. Intellectual Property

POM Design & Development SL is the owner or, where appropriate, is authorized for use by the legitimate owner, of all copyrights, trademarks, intellectual property rights, know-how and any other rights related to the contracted services. by the client, as well as the computer programs necessary for its implementation and the information that the client obtains about it.

The client must respect the use programs of third parties made available by POM Design & Development SL even if they were free, of which POM Design & Development SL has the necessary exploitation rights.

The client, by virtue of these General Terms and Conditions, does not acquire absolutely any right or license on the services provided, on the computer programs necessary for the provision of the services, nor on the technical information for monitoring the services, except made of the rights and licenses necessary for compliance with these General Terms and Conditions and only for the temporary duration of the contracted Services.

The client undertakes to guarantee that any user of the programs respects the conditions of use thereof. The client may only use the programs on one computer simultaneously. It will be considered that there is a “use” of the programs when they are in the main memory or in a file medium of a computer. A program that is only installed on a network server for the sole purpose of program distribution will not be considered used.

4. Hiring forms and modalities

At the time of contracting, the client may opt for any of the modalities existing at any time on the pomatio.com website or offered by any other means.

The selection of the contracting modality will oblige the client to read and accept the specific conditions that may be required to regulate that modality and that, where appropriate, will be attached to this contract at the time of its acceptance.

The main contracting modality for the client is the registration in the standard monthly subscription, with payment of products and services by consumption made.

Through this form of contracting, the client will pay for the products and services selected in each session carried out according to the rates of products and services available at all times.

The existing payment method is through Stripe: the customer will complete the order in a form integrated into the pomatio.com website  from Stripe, where they can make the payment quickly and safely, without sharing financial information with POM Design & Development SL

The client undertakes to pay for all the selected products and services and accepts that POM Design & Development SL may charge their credit card for any product purchased in the future, as well as any additional amounts (including taxes) that may accrue in relation to their contract. .

The total price that the client will pay includes the price of the product plus the corresponding VAT (at the rate in force on the date of access).

POM Design & Development SL guarantees the level of security and confidentiality necessary to protect the client’s personal data. Before carrying out any operation on the company’s website, the client must register with the username and password acquired after the registration process.

In the transaction of each operation, the client must take into account that:

• POM Design & Development SL informs the customer that his bank could reject the transaction if the available balance in his account is not sufficient to complete the purchase at the time of the transaction, which is why access to the selected information or services.
• After making the actual payment of each purchase, POM Design & Development SL will issue the corresponding invoice/ticket.

5. Billing

The form and periodicity of invoicing for the payment of the consumption of the information provided by POM to the client will be monthly or annual.

In accordance with the provisions of Royal Decree 1619/2012, of November 30, which approves the Regulations that regulate billing obligations, with the acceptance of these general conditions of contracting, the client consents that the different invoices that POM Design & Development SL issues for the provision of its services are issued and sent in electronic format.

Likewise, by virtue of article 8 of Order EHA/962/2007, the client who wishes to keep the invoices in printed form on paper, may carry out said support conversion through the corresponding software option that allows printing on paper, generating the code legally recognized by the Tax Administration or, failing that, the invoice may be printed, and in this case the digital file sent by POM Design & Development SL must be kept.

In any case, the invoices will clearly contain, at least, the following data:

• Payment method applied.
• Total amount of the supply and amount of the chargeable taxes.
• Net payable.

If the invoices issued or any of the effects in which the payment had been divided, was not attended to the collection within fifteen days of its presentation or its expiration, POM Design & Development SL reserves the right to suspend the agreement, until all pending amounts are paid, or terminate this contract and demand the total of the pending amounts. The expenses originated by the non-payment will be borne by the holder of the contract.

6. Fees

The cost of the products and services provided by POM Design & Development SL, will be established in the current price plans that are displayed at any time through the pomatio.com website , together with each product or service that is offered by means of an unequivocal description. , icons, windows, or any other means indicative of the price in euro currency, €, clearly recognizable at the time of consumption.

POM Design & Development SL reserves the right to modify the rates of any of its products, at any time, said modification being applicable from the time the indications of each product are incorporated on the web.

Rates, taxes or levies, which are in force at any time and must be legally applied, will be applied to the fixed prices.

The parties agree, as long as the client is not considered a “consumer”, to be subject to Law 3/2004, of December 29, which establishes measures to combat late payment in commercial operations.

7. Termination of the contract

The contract may be terminated by mutual agreement of the parties.

The contractual relations between POM Design & Development SL and the client may be terminated by either party at any time without the need for any justification.

The client has the online tool (pomatio.com) to manage their contract, through which they can request to cancel the entire contract or any of the services associated with it. Said unsubscribe request will generate the sending of a confirmation e-mail by POM Design & Development SL, which will contain the necessary information to complete the unsubscribe procedure.

8. Protection of Personal Data

POM Design & Development SL expresses the utmost respect and attaches great importance to the protection of its clients’ data, whose decisions regarding the use of their data will be respected in all cases.

POM Design & Development SL complies with Organic Law 15/1999, of December 13, on the Protection of Personal Data (LOPD), and Royal Decree 1720/2007, of December 21, known as the Development Regulation of the LOPD. It also complies with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 regarding the protection of natural persons (RGPD), as well as with Law 34/2002, of July 11, of Services of the Information Society and Electronic Commerce (LSSICE or LSSI), and with any other current regulations on the matter, and maintains a Privacy Policy on personal data, which establishes, mainly, the use that POM Design & Development SL makes of personal data, clients are informed in detail of the essential circumstances of said use and the security measures that are applied to your personal data to prevent unauthorized third parties from accessing them.

9. Right of withdrawal

When the client is a consumer and the contract is concluded without the simultaneous physical presence of the client and POM Design & Development SL (distance selling), the client will enjoy the right of withdrawal described in this section.

The customer may withdraw from the contract at any time by canceling his account.

The client does not have the right of withdrawal if POM Design & Development SL supplies him with goods made according to the client’s specifications or that are clearly designed according to his needs or if the client himself has ordered the provision of a service that is in procedure (for example, immediate registration of a domain at the request of the client).

10. Applicable law

In the provisions of these General Terms and Conditions, as well as in the interpretation and resolution of conflicts that may arise between the Parties, Spanish legislation will apply.

The Parties submit for the final resolution of all disputes resulting from the contractual relationship to the courts or tribunals of San Sebastian.

11. Particular conditions for domains

The different domains are administered by many different organizations, mostly national. Each of these domain assignment organizations has established different conditions for the registration and administration of Top-Level-Domains, their corresponding Sub-Level-Domains and for the way to proceed in cases of domain disputes.

When the domains are the object of the contract between POM Design & Development SL and the client, the rules applicable to the procedures mentioned above will also regulate the relationship between them as long as they are not modified by the individual agreements between the Parties and these General Terms and Conditions.

The client accepts that, for security reasons, POM Design & Development SL protects its domain name against unauthorized requests to transfer said domain name by blocking transfers. The client may authorize transfers in individual cases by removing said block, an action that must be requested from POM Design & Development SL

In the creation and/or maintenance of domains, POM Design & Development SL will intervene in the relationship between the client and the corresponding domain granting organization, as a mere intermediary. POM Design & Development SL has no influence whatsoever on the granting of domains. POM Design & Development SL does not assume any guarantee that the domains requested by the client will actually be granted and/or that the domains granted are free of rights in favor of third parties or have long-term continuity.

The client will have the right to cancel his pre-reservation for individual domains until the date of registration of the pre-reserved domain in the event that the initial price of the domain is higher than the price originally indicated by POM Design & Development SL.

This right only pertains to new gTLDs in the circumstances detailed above.

Customer agrees that registration renewal prices for some TLDs will not be uniform in that one domain name registration renewal fee may differ from other domain names in the same or other TLDs.

POM Design & Development SL cannot guarantee the client that the domain name or the TLD will be registered by the competent registration body. POM Design & Development SL cannot guarantee the client that the TLD will be available to the general public or that it will be offered by POM Design & Development SL. It may be that the TLD is subject to special Registration Terms and Conditions and/or restrictions not known at this time. It may be the case that POM Design & Development SL is not allowed to register the domain name in the client’s name due to said Terms and Conditions and/or restrictions. In this case, the client will have the right to cancel their pre-registration without incurring any cost.

POM Design & Development SL will inform the client when the domain name has been successfully registered. In subsequent years, if the customer does not request cancellation, the domain will be automatically renewed for one year. The contracting and renewal of the domain will entail the client’s obligation to pay the established price and the client’s authorization so that POM Design & Development SL can charge said amount in the payment data provided by the client. Pomatio’s monthly or annual fee includes the cost of renewing a domain with the most popular TLDs such as .com, .es and .net. Not all TLDs are included, a list is available at this url.

The client guarantees that the domain requested by him does not infringe the rights of third parties.

The client is obliged to immediately notify POM Design & Development SL of the possible loss of their domain. If the client plans the recovery of his domain by a third party, he will be obliged to immediately inform POM Design & Development SL about the initiation of negotiations with the third party, answer POM Design & Development SL’s queries about the status of the negotiations with the third party and grant POM Design & Development SL the preferential right of recovery for the client, in the cases and to the extent that this does not harm the interests of the client.

As long as POM Design & Development SL or the client itself have not yet provided a domain with content, POM Design & Development SL will be entitled to introduce its own content, such as advertising for POM Design & Development SL or third parties.

The domains subject to these Conditions will be registered for one year and automatically renewed for identical periods, unless any of the following circumstances occur:

• Failure to comply with contractual obligations by the client. For these purposes, non-payment by the client of the amounts due will not be given the consideration assigned in this clause and, therefore, will not prevent the automatic renewal of the domain name.
• Express denunciation of the contract by the client.
• Any other reason provided by law for this purpose.

The renewal of the domain will entail the client’s obligation to pay the price established for it and the client’s authorization for POM Design & Development SL to charge said amount from the client’s bank account or credit card through Stripe.

12.- Right of withdrawal, returns and refunds

12.1.- Right of withdrawal

As a user you have the right of withdrawal for a period of 14 days, beginning to count from the moment you receive the requested product, always in accordance with the applicable regulations. To do this, you must fill out and send us the withdrawal model included in the Annex via email to info@pomatio.com.

13.- Modifications and nullity

We may update the terms and conditions of the Service in the future, as well as features and functions of the Service itself. However, this will not adversely affect the quality of any specific service that we have expressly agreed to provide.

We will notify you of changes in terms and conditions by placing a notice in a prominent place on our website and/or by email.

If any clause included in our terms and conditions is declared, totally or partially, null or ineffective, it will only affect said provision or the part of it that is null or ineffective. The terms and conditions will subsist in everything else, having such provision, or the part of it that is affected, as not set.

14.- Claims and actions derived from the contract

This Service is governed by Spanish law.

In order to simplify the resolution of claims by civil means and reduce costs, we do not exclude the possibility of submitting ourselves to an Equity Arbitration of the Court of Arbitration of the Chambers of Commerce and Industry.

In this sense, and according to the applicable regulations, POM Design & Development SL informs of the existence of a European online dispute resolution platform that facilitates the out-of-court resolution of said disputes for contracts also concluded online between consumers and service providers of Internet. This platform can be accessed through the following website: http://ec.europa.eu/odr

If the contracting of the Service is carried out by a company, in the event of a dispute, the parties submit to the courts of Donostia – San Sebastián and to Spanish legislation.

15.- Contact

If you have questions about these terms and conditions, contact us using the methods you will find on this page.

ANNEX – Frequently asked questions

The following frequently asked questions are binding to these general terms and conditions.

ANNEX – Model to exercise the right of withdrawal

_____________________ (Name of store or vendor)

_____________________ (NIF)

_____________________ (Address)

_____________________ Email:

By means of the following document, I inform you that I withdraw from the contract for the sale of the following good/service _____________________________ signed with you on the ___ day of _______________, ____________.

Personal data of the client (fill in capital letters)

Name and surname _____________________________________________________

Address _______________________________________ No. __ Floor ____ Pta. ____

Zip Code __________________

City _____________________

Province ______________________

Phone ______________________

Email ______________

This document will only take effect up to fourteen (14) calendar days from receipt of the product or from contracting, in the case of services.

Date __________________________

Signature:

 

When you send us the withdrawal document, you accept that we collect and process your personal data as established in our Privacy Policy. We collect the data in order to be able to attend to your request as a client, the legal basis for this being the contract. In any case, you can exercise at any time the rights of access, rectification, deletion, limitation of your treatment, opposition and portability of your data by mail or email, as indicated in our Privacy Policy.