Legal Notice and Terms and Conditions of Services

This document sets out the contractual terms which, together with the legal notice, privacy policy and, where applicable, any annexes, specific terms, quotations, product sheets or commercial proposals accepted by the CLIENT, govern the contracting of services offered by ZAPAHOSTING through www.zapahosting.com, the client area, email, quotation, commercial proposal, invoice or any other contracting channel accepted by the parties.

For the purposes of this document, CLIENT means any individual of legal age, self-employed professional, company, entity or organisation that contracts, requests, uses or renews any service offered by ZAPAHOSTING, either directly or through an authorised person.

Acceptance of this document means that the CLIENT has read and understood its contents, declares that the data provided are true, complete and up to date, assumes the obligations set out herein and acknowledges that certain services may be provided directly by ZAPAHOSTING or through suppliers, registrars, datacentres, manufacturers, operators, wholesalers or third-party technology platforms.

These terms shall remain valid indefinitely and shall apply to all contracts, renewals, extensions, modifications, migrations, technical interventions, recurring services and one-off services carried out by ZAPAHOSTING, unless a specific written condition expressly agreed by the parties prevails over these general terms.

Acceptance may be given by ticking the corresponding box during the contracting process, accepting a quotation, paying an invoice, renewing a service, expressly requesting provision of a service or continuing to use the service after these terms have been made available to the CLIENT.

ZAPAHOSTING may amend these terms when necessary for legal, technical, commercial, organisational, security or service-evolution reasons, due to changes in third-party supplier terms, or to adapt to new features. Amendments shall be communicated or made available to the CLIENT by reasonable means, including publication on the website, the client area or email.

Amendments shall not apply retroactively to services already contracted, unless required by law, security reasons, changes imposed by external suppliers, registrars, manufacturers or competent authorities, or where essential for continuity or proper provision of the service. Renewals, extensions and new contracts shall be governed by the terms in force at the time of contracting or renewal.

I. IDENTITY OF THE PARTIES TO THE CONTRACT

The parties to the contract are, on the one hand, the CLIENT(S), and on the other hand ZAPASOFT, S.L.U. (hereinafter, ZAPAHOSTING), with registered office at C/ Anafáns 26, 36163 Pontevedra, Spain, registered with the Commercial Registry of Pontevedra, Volume 3356, Book 0, Folio 130, Sheet PO-43616, and with Tax Identification Number B-36557536.

ZAPAHOSTING may be contacted by email at info@zapahosting.com and by telephone at +34 910 05 36 35.

Without prejudice to its registered office, ZAPAHOSTING carries out part of its professional, technical, commercial and operational activity from its main working office located in Madrid. This may be relevant for organisational, commercial, support and customer service purposes, without changing the company registered office.

Where the CLIENT acts on behalf of a company, entity, association, organisation or third party, the CLIENT declares that it has sufficient authority to contract the services, accept these terms and validly bind the person or legal entity on whose behalf it acts. ZAPAHOSTING may request documentary evidence of such authority at any time.

II. CONTRACTING PROCEDURE

2.1 Registration

To contract certain services, the user must first register as a CLIENT using the forms or procedures provided by ZAPAHOSTING on its website, client area, contracting platform or any other enabled channel.

Registration as a CLIENT is free of charge, without prejudice to the obligation to pay for any services contracted.

The data requested during registration and contracting are necessary to identify the CLIENT, process orders, issue invoices, provide support, manage renewals, comply with legal obligations, verify service ownership and ensure the security of the contractual relationship.

The CLIENT must provide true, complete, accurate and up-to-date data, including name or business name, tax identification number, address, email address, contact telephone number and, where applicable, billing, technical or other data required to provide the contracted service.

Failure to provide mandatory data, the provision of false, incomplete, inaccurate or outdated data, or the impossibility of reasonably verifying the CLIENT identity, may prevent contracting, activation, renewal, modification, recovery or continuity of the services.

The CLIENT is responsible for keeping its contact data up to date, especially the email address associated with the client area, which shall be the main channel for contractual communications, technical notices, invoices, renewals, incidents, suspensions and other service-related communications.

2.2 Services

ZAPAHOSTING offers services related to web hosting, domain registration and management, email, virtual servers, dedicated servers, cloud services, virtual private network solutions, technical support, systems administration, backups, cybersecurity, migrations, licences, maintenance, technical consultancy and any other technology services offered at any time through the website, client area, quotation, commercial proposal or written communication.

ZAPAHOSTING may offer services provided on its own or directly managed infrastructure, as well as services provided wholly or partly through external suppliers, SaaS platforms, manufacturers, registrars, datacentres, operators, wholesalers or specialised third parties. Such services may include email, productivity and collaboration solutions based on third-party platforms such as Zoho Mail, Zoho Workplace or equivalent solutions.

The specific scope of each service shall be the one described in the applicable product sheet, quotation, commercial proposal, invoice, order, annex, specific terms or technical documentation.

Unless expressly agreed in writing, only those resources, features, licences, capacities, tasks, guarantees, support levels and functionalities expressly described in the product sheet or accepted quotation shall be deemed included in the contracted service.

The CLIENT acknowledges that certain services may be subject to technical, commercial and legal conditions, acceptable use policies, limitations, fees, deadlines, availability, support procedures or decisions adopted by third parties. ZAPAHOSTING shall not be required to guarantee conditions superior to those offered by such providers unless expressly agreed in writing.

2.3 Contracting

The CLIENT may contract ZAPAHOSTING services through the website, client area, order form, acceptance of a quotation, commercial proposal, email, pro forma invoice or any other channel enabled by ZAPAHOSTING.

During the contracting process, the CLIENT must select the desired service, provide the technical, administrative, tax and contact data required, and indicate, where applicable, the domain, server, application, modality, contract period, payment method and any other information required to provide the service.

Before completing the contract, the CLIENT may review the order data, selected service, applicable price, taxes, contract period, payment method and any specific conditions. The CLIENT is responsible for verifying that the contracted service meets its technical, legal, tax, operational and commercial needs.

Receipt of an order by ZAPAHOSTING does not necessarily imply final acceptance or immediate activation. Provision may be subject to verification of the data provided, receipt of effective payment, availability of the requested resource, technical validation, acceptance by external suppliers, registrars, manufacturers or datacentres, and compliance by the CLIENT with these terms.

ZAPAHOSTING may reject, cancel or render an order ineffective where there are obvious errors in prices, features, availability, configuration, taxes or CLIENT data, technical incompatibilities, limitations imposed by external providers, suspected fraud, misuse, security risk, regulatory breach or any other circumstance that reasonably prevents or advises against service provision.

If a service cannot be activated for reasons not attributable to the CLIENT and the CLIENT has already paid, ZAPAHOSTING may offer either a refund of the amount paid for the service not provided or a technically equivalent alternative where possible. No refund shall apply to domains, licences, certificates, fees, customised services, technical work already carried out, non-recoverable third-party costs or services whose execution has already begun with the CLIENT authorisation, except where legally required.

The service shall be deemed activated when ZAPAHOSTING confirms that it has been made available, provides the relevant access credentials, begins provision or the CLIENT is able to make effective use of it.

2.4 Refusal of registration, contracting or provision of the service

ZAPAHOSTING may reject, suspend, cancel or refuse a user registration, service contract, order activation, renewal, extension, modification or requested service where any of the following circumstances apply:

• The data provided are false, inaccurate, incomplete, outdated, unverifiable or misleading regarding identity, ownership, representation, address, activity or tax details.
• The user or CLIENT does not sufficiently prove identity, representation, service ownership, domain ownership, authorisation to act on behalf of third parties or legitimacy to request the service.
• The CLIENT has outstanding amounts, services suspended for non-payment, prior contractual breaches, service abuse, fraudulent use or repeated unfounded complaints.
• The request does not comply with these terms, the specific service terms, acceptable use policy, applicable law or conditions imposed by external suppliers, registrars, manufacturers, datacentres, operators or necessary third parties.
• ZAPAHOSTING reasonably considers that the service may damage its corporate image, professional reputation, technical or network reputation, IP or domain reputation, supplier relationships or the quality of service provided to other clients.
• The CLIENT activity, content, applications, communications, configurations, integrations, scripts, plugins, traffic, email sending, resource volume or technical behaviour may adversely affect security, stability, availability, performance, reputation or operation of ZAPAHOSTING systems, suppliers or other clients.
• There are indications of unlawful, abusive, fraudulent, negligent or bad-faith use, including spam, phishing, malware, botnets, cyberattacks, unauthorised scans, distribution of malicious software, impersonation, infringement of third-party rights, unlawful content, unauthorised software or misleading activities.
• The requested service requires resources, configurations, locations, licences, functionalities, integrations, software versions, technical capacities or conditions that are unavailable, unviable, incompatible with ZAPAHOSTING or supplier infrastructure, or cannot be provided with reasonable guarantees.
• The external provider, registrar, manufacturer, datacentre, operator, SaaS platform, certification authority, wholesaler or other necessary third party rejects, limits, suspends, conditions or does not allow activation, renewal, modification or continuity of the requested service.
• There are reasonable suspicions of fraud, money laundering, unauthorised payment methods, contracting with third-party data, identity theft, use of third-party cards or accounts, promotion abuse or attempts to circumvent technical limits.
• The request requires legal, tax, accounting, employment, administrative or regulatory advice, configuration or guarantees exceeding the technical scope offered by ZAPAHOSTING, unless a specific service has been expressly contracted.
• ZAPAHOSTING considers prior technical, documentary, economic, security or compliance validation necessary and the CLIENT does not provide the requested information or documentation.

Refusal, suspension, cancellation or non-acceptance shall be communicated by reasonable means, preferably by email or through the client area, stating the general reason where possible and where this does not compromise security, fraud prevention, abuse investigations or third-party rights.

Where refusal affects a service already paid for and not started, ZAPAHOSTING shall refund the amount paid for the service not provided where legally appropriate. No refund shall apply to domains, licences, certificates, fees, non-recoverable third-party costs, work already performed, customised services or services already started with the CLIENT authorisation.

ZAPAHOSTING may adopt preventive, proportionate and reasonable measures where it detects risk to security, stability, legality, reputation or service continuity, including temporary suspension, access blocking, resource limitation, email sending blocking, service isolation, deactivation of functions, request for additional documentation or order or service cancellation, without prejudice to any legal action.

2.5 Loss, recovery and custody of access data

The CLIENT is solely responsible for the custody, confidentiality and proper use of credentials for the client area, control panels, contracted services, email accounts, servers, applications, SaaS platforms, billing systems, third-party services and any other access provided by ZAPAHOSTING.

Access credentials are personal, confidential and non-transferable, except where the CLIENT creates users, additional contacts, subaccounts, delegated permissions or voluntarily provides access to employees, collaborators, advisers, agencies, external technicians or authorised third parties. Any action performed using valid credentials, authorised users, subaccounts or delegated access shall be presumed to have been carried out or authorised by the CLIENT unless sufficiently proven otherwise.

If the CLIENT does not remember its password, it may use the recovery mechanisms enabled by ZAPAHOSTING, normally through the email address associated with its client account. If the CLIENT has lost access to that email address, suspects unauthorised access or requests a change of ownership or extraordinary account recovery, it must contact ZAPAHOSTING through the enabled channels.

ZAPAHOSTING may request any documentation or information reasonably necessary to verify identity, representation, legitimacy or service ownership, including ID, passport, tax number, corporate documents, powers of attorney, paid invoices, proof of payment, technical service information, billing data, domain data, signed authorisations or any other document that reasonably verifies the legitimacy of the request.

ZAPAHOSTING may refuse, delay or suspend recovery, access changes, ownership changes, delivery of information, data changes or service activation where the identity, representation, authorisation or ownership of the requester is not sufficiently proven.

ZAPAHOSTING does not assume a maximum response time for extraordinary access recovery, ownership conflicts, fraud suspicions, critical data changes, loss of the main email address, ownership changes or disputes between shareholders, administrators, employees, agencies, collaborators, end customers or third parties. Response may take the time reasonably necessary to carry out checks and preserve service security.

The contractual service holder shall be the person or legal entity whose data appear in the client area, contracting form, invoice, order or contractual documentation. The holder is responsible for keeping data, contacts, authorised users, permissions, subaccounts, recovery emails and contact channels up to date.

ZAPAHOSTING shall not act as mediator, arbitrator or party in internal disputes of the CLIENT or disputes between partners, directors, employees, collaborators, agencies, suppliers, resellers, end customers or third parties. In such cases, ZAPAHOSTING shall adopt the reasonable security and conservation measures it deems appropriate based on available documentation, applicable law and, where applicable, competent authority instructions.

III. SPECIFIC TERMS FOR THE DIFFERENT SERVICES OFFERED

In addition to the general terms above, each service contracted by the CLIENT may be subject to specific terms depending on its nature, technical characteristics, provider, mode of provision, applicable law, product sheet, quotation, commercial proposal, licence, acceptable use policy or technical documentation.

The specific terms of each service supplement these general terms and apply only to the services to which they refer. In the event of contradiction between a general term and a specific term, the specific term shall prevail for the affected service, unless expressly stated otherwise.

The CLIENT acknowledges that technology services offered by ZAPAHOSTING may differ significantly in availability, support, administration, liability, ownership, licences, providers, technical access, security measures, backups, data retention, applicable law and possibility of modification or cancellation.

3.1 Domain registration services

Domain registration, renewal, management and transfer services consist of intermediation tasks performed by ZAPAHOSTING between the CLIENT and the accredited domain registrar, registry, wholesale provider or competent body corresponding to the requested domain extension.

For such services, ZAPAHOSTING may subcontract or channel services through SOLUCIONES CORPORATIVAS IP, S.L. (DonDominio), DINAHOSTING, S.L., OVH HISPANO, S.L., OVH SAS or any other accredited registrar, registry, wholesaler or competent provider according to the domain extension and availability.

Activation, registration, renewal, transfer or management of a domain implies acceptance by the applicant of the rules, procedures, fees, payment methods, technical requirements, administrative requirements and conditions established by the relevant registrars, registries, bodies and providers. Depending on the extension, these may include ICANN, Red.es, EURid, Fundació .cat and the conditions of the registrar or provider involved.

Intermediation

The CLIENT authorises ZAPAHOSTING to act on its behalf for the processing of domain registration, renewal, transfer, modification, recovery or management before the applicable registrar, registry, provider or competent body. The CLIENT must provide and, where necessary, sign any documentation required by ZAPAHOSTING or the relevant third party.

ZAPAHOSTING submits, manages or processes the corresponding request, but effective granting, renewal, transfer, recovery, maintenance, unblocking, modification or cancellation of the domain rests exclusively with the competent registrar, registry, body or provider. Ownership and ultimate responsibility for the domain lie solely with the CLIENT or registered domain holder.

Availability and effective registration

The availability of a domain shown in a form, search tool, quotation, client area or contracting process is merely informative and does not guarantee effective registration. The domain shall only be deemed registered, renewed, transferred, recovered or modified when confirmed by the corresponding registrar, registry or provider.

If, after payment, registration or transfer cannot be processed for reasons not attributable to the CLIENT, ZAPAHOSTING shall refund the amount paid for that concept or offer an alternative where possible.

Domains not registered or managed by ZAPAHOSTING

Where the CLIENT contracts hosting, email, servers, applications, cloud, online billing, SaaS, DNS configuration, technical support or any other service linked to a domain not registered, renewed or directly managed through ZAPAHOSTING, the CLIENT acknowledges that ownership, renewal, preservation, configuration, availability and proper management of that domain are the sole responsibility of the CLIENT or the external provider with which it is contracted.

In such cases, ZAPAHOSTING may provide the technical information required for correct configuration, including DNS servers, A, AAAA, CNAME, MX, TXT, SPF, DKIM, DMARC, SRV records, verification records, nameservers, redirects or any other configuration necessary for the contracted service.

Unless the CLIENT has expressly contracted DNS management or domain administration with ZAPAHOSTING, it shall be solely responsible for carrying out, maintaining, reviewing and renewing the domain configuration with its registrar, DNS provider or relevant third party.

ZAPAHOSTING shall not be responsible for interruptions, service loss, website downtime, email delivery or reception failures, validation errors, positioning loss, certificate problems, application incidents, SaaS interruptions, verification failures, reputation problems, loss of access or any other damage arising from expiry, suspension, blocking, loss, transfer, modification, misconfiguration, non-renewal, DNS changes, nameserver changes, deletion of records or any action on domains not directly registered or managed by ZAPAHOSTING.

Registration data, rights and renewal

The CLIENT is responsible for providing true, complete and up-to-date registration data and for ensuring that the requested domain does not infringe third-party rights, trademarks, trade names, intellectual or industrial property rights or applicable law. The CLIENT shall hold ZAPAHOSTING harmless from any claims arising from the domain name or its use.

Domain renewal is subject to payment within the applicable deadlines and to the registrar, registry or provider procedures. Failure to pay, late payment, incorrect data, lack of response or provider action may result in expiry, loss, suspension, redemption fees or inability to recover the domain. Certain domains, licences, fees and third-party costs are non-refundable once processed.

Promotions, discounts, registration prices, renewal prices, redemption prices, transfer prices and requirements may vary according to the registrar, registry, provider, extension or competent authority. ZAPAHOSTING may update prices and conditions accordingly.

3.2 Hosting services

Hosting services consist of making available resources on shared, managed or technically administered infrastructure for publication of websites, applications, databases, email-related services or other associated elements, subject to the contracted plan and its technical limits.

The service includes only the resources and functions expressly described in the product sheet, quotation or applicable terms. Unless expressly agreed, it does not include development, advanced administration, continuous monitoring, cleaning of infected sites, custom programming, optimisation of third-party applications, licence acquisition, legal advice or guaranteed positioning.

The CLIENT is responsible for the content, applications, CMS, plugins, themes, scripts, databases, accounts, passwords, forms, integrations, licences and any other elements installed, uploaded or managed through the hosting service, unless a specific administration service has been contracted.

Resources and reasonable use

The CLIENT must use the allocated resources reasonably and in accordance with the contracted plan. Excessive or abnormal CPU, memory, disk, database, processes, inode, email, connection, traffic or other usage that affects or may affect stability, security, availability, performance or reputation of ZAPAHOSTING, suppliers or other clients may result in limitation, suspension, isolation or a request to upgrade the plan.

Third-party software and plugins

ZAPAHOSTING is not responsible for failures, vulnerabilities, incompatibilities, malware, data loss, performance problems or legal issues caused by CMS, plugins, themes, scripts, templates, commercial software or third-party components installed or used by the CLIENT. Support for commercial plugins, external templates or third-party developments shall be limited to the scope expressly contracted.

Security, backups and migrations

ZAPAHOSTING shall apply reasonable technical and organisational measures according to the service contracted, but hosting is not invulnerable. The CLIENT must keep applications, plugins, themes, passwords and access credentials secure and up to date. ZAPAHOSTING may take preventive measures in the event of malware, abuse, spam, phishing, compromised credentials or risk to the platform.

Backups, if included, are an auxiliary technical measure and do not replace the CLIENT own backup obligations. Restore availability may depend on the contracted plan, technical condition of backups, retention period, provider infrastructure and the state of the data. Special restores, migrations or recovery work may be subject to additional cost if not included.

Migrations and transfers shall be performed within the agreed scope and may be affected by access availability, compatibility, volume of data, versions, provider limits, DNS propagation, licences, credentials and cooperation from the CLIENT or third parties.

3.3 Email service

Email services may be provided directly by ZAPAHOSTING or through third-party platforms and providers, including Zoho Mail, Zoho Workplace or equivalent solutions. The service enables creation and use of mailboxes, aliases, domains, sending and receiving email and related configurations according to the contracted plan.

The CLIENT is responsible for lawful and diligent use of email accounts, passwords, devices, users, lists, mailing practices, commercial communications, contacts, SPF, DKIM, DMARC, DNS configuration when external, and compliance with data protection, electronic communications and anti-spam regulations.

The use of email for spam, phishing, malware, spoofing, mass unsolicited mailing, fraud, illegal content, abusive campaigns or actions that may affect reputation, deliverability or network security is prohibited. ZAPAHOSTING may limit, block or suspend sending or accounts in the event of abuse, compromised credentials, complaints, blacklisting or risk to reputation.

ZAPAHOSTING does not guarantee absolute deliverability or receipt of email. Delivery may depend on sender and recipient reputation, DNS configuration, SPF, DKIM, DMARC, blacklists, anti-spam filters, external providers, mail clients, receiving servers and third-party policies.

When the service is provided through external platforms such as Zoho, the CLIENT acknowledges that activation, support, availability, storage, functions, security policies, anti-spam rules, limits, price changes, suspensions and continuity may depend on the third-party provider terms, policies and decisions. ZAPAHOSTING may act as reseller, partner, integrator or technical intermediary, but cannot guarantee conditions superior to those of the platform.

Email migrations may not preserve all metadata, folders, read status, labels, calendars, contacts, rules, signatures, historical messages or attachments, and may be affected by source platform limits, authentication, protocols, data volume, corrupted items, credentials, provider restrictions or incomplete information. Special migrations may be quoted separately.

Upon cancellation, non-payment or non-renewal, mailboxes and messages may be suspended, deleted or made unrecoverable according to the service conditions, retention periods and provider policies. The CLIENT is responsible for exporting or backing up email before termination.

3.4 Virtual servers, dedicated servers and cloud services

Virtual servers, dedicated servers and cloud services consist of making computing, storage, network, IP address, operating system, licensing or platform resources available to the CLIENT under the contracted plan, location and modality. Such services may be unmanaged, managed or partially managed according to the quotation or product sheet.

Managed and unmanaged modality

In unmanaged services, the CLIENT is responsible for administration, security, updates, backups, firewall configuration, monitoring, software, licences, users, passwords, applications and content. ZAPAHOSTING provides the contracted infrastructure and basic access, subject to the applicable terms.

In managed or partially managed services, ZAPAHOSTING shall perform only the administration, maintenance, monitoring, backup or support tasks expressly included in the contracted plan or accepted quotation. Any work outside that scope may be subject to additional cost.

Provision, access and acceptable use

Activation and continuity may depend on provider availability, datacentre stock, IP availability, licensing, anti-fraud checks, payment, technical validation and provider conditions. The CLIENT is responsible for safeguarding access credentials, SSH keys, certificates, administrative users and control panel access.

The CLIENT shall not use servers or cloud services for unlawful, abusive or harmful activities, including spam, phishing, malware, botnets, attacks, unauthorised scans, crypto-mining where not allowed, mass mailing without authorisation, rights infringement, illegal content or actions that may affect third parties, reputation or network stability.

IP addresses, reputation and external providers

IP addresses may be assigned, replaced, withdrawn, filtered, blocked or limited for technical, security, reputation, provider or legal reasons. ZAPAHOSTING does not guarantee that an IP address will be free from prior reputation issues or that third parties will accept, unblock or remove it from lists.

Where services depend on external suppliers, datacentres, operators, manufacturers, wholesalers or cloud platforms, the CLIENT acknowledges that availability, continuity, performance, repair, replacement, maintenance, recovery, activation, suspension, limitation or cancellation may depend on such third parties and their acceptable use policies, procedures, deadlines and decisions.

Such third parties may apply blocking, suspension, filtering, disconnection, null-route, IP withdrawal, cancellation, manual review, documentation requests, configuration changes, urgent maintenance or other technical, contractual, legal or preventive measures. ZAPAHOSTING shall not be responsible for interruptions or limitations caused by circumstances outside its reasonable control, although it shall make reasonable efforts to inform, escalate and cooperate where possible.

Backups, maintenance and monitoring

Backups, snapshots and restore services shall exist only where expressly contracted or included. They are not a guarantee of full recovery and may depend on backup integrity, retention period, storage, provider availability, malware, corruption, encryption, volume of data and the CLIENT actions. The CLIENT must maintain its own backup and continuity strategy appropriate to its risk level.

Maintenance, updates, interventions and monitoring may be scheduled or urgent. ZAPAHOSTING may perform necessary technical interventions for security, stability, compatibility, continuity or compliance reasons, attempting to minimise impact where reasonably possible.

3.5 Cybersecurity, corporate VPN, firewall and perimeter security services

ZAPAHOSTING may provide configuration, implementation, maintenance, support, administration, review, monitoring, consultancy, training or technical assistance related to system, network, server, endpoint, remote access, firewall, VPN, DNS filtering, antivirus, EDR, backup, segmentation, detection and incident response security.

Cybersecurity services are obligations of means and risk reduction, not a guarantee of absolute security, invulnerability, absence of incidents, complete recovery, elimination of all threats or compliance with all regulatory frameworks. No system is completely secure.

The CLIENT must provide accurate information, access, authorisations and cooperation, keep users and devices under control, follow reasonable recommendations and avoid unauthorised changes that may compromise the service.

VPN and firewall services

Corporate VPN and firewall services may depend on internet connectivity, routers, public IPs, NAT, operators, devices, certificates, credentials, routes, DNS, bandwidth, firewalls, endpoint configuration and external networks. ZAPAHOSTING shall not be responsible for failures caused by third-party operators, devices, unauthorised changes, credentials, malware, remote environments or factors outside its reasonable control.

Firewall or security rule changes may affect connectivity, access, applications or services. The CLIENT accepts the risk of technical changes requested or authorised by it. Emergency security measures may be applied where required to protect the infrastructure, other clients or third parties.

Security tools and monitoring

Security tools, antivirus, EDR, filtering, monitoring, backup or alerting platforms may be provided by third parties and may generate false positives, false negatives, limitations, changes, suspensions, price updates or support procedures. Monitoring, if contracted, shall be limited to the defined scope and does not guarantee detection of all threats or immediate response.

Services such as legal compliance audits, ISO/ENS/NIS2 certification, advanced forensic analysis, penetration testing, 24/7 incident response, guaranteed ransomware recovery, legal advice or regulatory consultancy are not included unless expressly contracted.

3.6 Online billing service based on FacturaScripts

ZAPAHOSTING may offer an online billing service based on FacturaScripts, an open-source software solution, under a hosted, configured and technically managed modality by ZAPAHOSTING.

The service is not the provision of an unmanaged server or a freely modifiable installation, but a managed hosting, configuration, support and training service over a specific FacturaScripts instance prepared for use as an online billing system.

ZAPAHOSTING does not claim exclusive authorship of FacturaScripts or of components, libraries, plugins or modules developed by third parties, without prejudice to installation, parameterisation, hosting, restriction, technical maintenance, support, configuration and control tasks performed on the service modality offered.

The service may be subject to technical, functional or commercial limits according to the contracted plan, including users, disk space, database size, number of documents, attachment storage, assigned resources, included support, available features, authorised plugins or any other limit indicated in the product sheet, quotation, invoice or specific terms.

To preserve integrity, traceability, conservation, accessibility, legibility, inalterability and non-manipulation of billing records required by applicable regulations, the CLIENT acknowledges that it shall not have direct access to the database, server, operating system, internal files, deployed source code or technical administration tools enabling alteration of billing records outside the ordinary procedures provided by the application.

Only plugins, modules, extensions or integrations previously validated, authorised or installed by ZAPAHOSTING may be used, provided they are compatible with the service configuration and applicable regulations. Any integration, import, export, migration, adaptation, third-party connection, additional development or functional modification must be requested from ZAPAHOSTING for technical, functional, economic and regulatory assessment.

Unless expressly stated otherwise, the service does not include functional updates of the FacturaScripts core, plugin or module updates, installation of new plugins, adaptation of integrations, acquisition of paid third-party plugins, renewal of commercial licences, custom development or resolution of incidents arising from unauthorised plugins, modules, integrations or modifications.

ZAPAHOSTING may issue, where appropriate, a responsible declaration relating to the specific managed service modality offered and maintained by ZAPAHOSTING. Such declaration shall not cover unauthorised modifications, plugins, integrations, access, manipulation, exports, imports or uses performed by the CLIENT or third parties.

The CLIENT is responsible for the truthfulness, accuracy, integrity and legality of tax, commercial, accounting and billing data entered into the system, and for correct use of the service under applicable tax, commercial, accounting and data protection law. Unless expressly agreed, ZAPAHOSTING does not provide tax, accounting, commercial or legal advice.

IV. MODIFICATION OF THE CONTRACTING TERMS

ZAPAHOSTING may amend, update, replace or adapt these general terms, specific terms, annexes, acceptable use policies, technical conditions or contractual documentation when necessary or appropriate for legal, regulatory, technical, organisational, commercial, security, service-evolution or technology reasons, due to changes in law, administrative or judicial criteria, or adaptation to new features or modes of provision.

ZAPAHOSTING may also amend the terms where motivated by changes imposed or made by external suppliers, registrars, datacentres, software manufacturers, SaaS platforms, telecom operators, certification authorities, cloud providers, wholesalers, competent authorities or third parties necessary for service provision.

Amendments shall be made available to the CLIENT by reasonable means, including publication on the website, client area, email, invoice, contractual notice or any other usual channel. As a general rule, new terms shall apply to contracts, renewals, extensions, modifications or new services made after publication or communication.

Where a substantial change affects an active service, ZAPAHOSTING shall endeavour to notify the CLIENT in reasonable advance where possible. If the change does not arise from legal obligation, authority requirement, urgent security reason, force majeure, provider imposition or essential technical necessity, the CLIENT may reject it and request non-renewal or cancellation of the affected service under these terms.

Continued use, renewal, extension, modification, payment of subsequent invoices or absence of objection within the communicated period shall imply acceptance of the amended terms, provided the CLIENT has had reasonable access to them.

V. RIGHTS AND OBLIGATIONS OF ZAPAHOSTING

5.1 Rights of ZAPAHOSTING

ZAPAHOSTING is entitled to receive payment for contracted services, renewals, extensions, technical work, licences, domains, certificates, third-party costs, excess consumption, penalties or any other amount due under these terms, quotations, invoices or applicable specific conditions.

ZAPAHOSTING may verify the identity, representation, ownership and legitimacy of the CLIENT; request information or documentation; refuse, suspend, limit or cancel services in the cases set out herein; and adopt reasonable measures to protect security, stability, availability, legality and reputation of its systems, suppliers and clients.

ZAPAHOSTING may modify technologies, locations, versions, providers, panels, configurations, resources, licences, prices, security measures or procedures where necessary for legal, technical, commercial, organisational, security, obsolescence, provider or improvement reasons, seeking to minimise impact where reasonably possible.

ZAPAHOSTING may subcontract or use third parties necessary for service provision and may access the CLIENT services, systems or data to the extent strictly necessary to provide support, perform maintenance, resolve incidents, preserve security, comply with legal obligations or defend its rights.

ZAPAHOSTING may retain logs, communications, evidence of contracting, invoices, payments, tickets, access records and other information reasonably necessary for service provision, security, abuse prevention, compliance and defence of its rights.

5.2 Obligations of ZAPAHOSTING

ZAPAHOSTING undertakes to provide the contracted services in accordance with these terms, the applicable specific terms, product sheet, quotation, commercial proposal, invoice or contract, using reasonable technical and human resources according to the nature of the service.

ZAPAHOSTING shall make reasonable efforts to maintain availability, stability, security and proper operation of the services, without prejudice to technical limitations, incidents, maintenance, force majeure, CLIENT actions, third-party involvement, external provider dependency or exclusions set out herein.

ZAPAHOSTING shall endeavour to inform the CLIENT by reasonable means of relevant incidents, scheduled maintenance, important technical changes, significant interruptions or actions that may substantially affect the services, where possible and where there are no urgent, security, abuse, fraud, legal or technical impediments.

ZAPAHOSTING shall provide the technical support included in the contracted service according to the scope, channels, hours, priorities, indicative response times and conditions indicated in the product sheet, quotation, contract, client area or applicable documentation.

Unless a specific service level has been expressly agreed, response or resolution times communicated by ZAPAHOSTING are indicative and do not constitute a guarantee of resolution within a given period, especially where an incident depends on external providers, third parties, CLIENT software, cooperation, access availability or technical complexity.

ZAPAHOSTING shall treat information, data, credentials and documentation provided by the CLIENT confidentially and use them only for service provision, support, billing, security, legal compliance, contractual management or defence of rights and legitimate interests.

5.3 Customer service

ZAPAHOSTING shall provide customer service and technical support through the enabled channels, generally including the client area, ticket system, email or other channels indicated in the service conditions. Support shall be provided within the scope of the contracted service and may require identification, service ownership verification or additional information from the CLIENT.

VI. RIGHTS AND OBLIGATIONS OF THE CLIENT

6.1 Rights of the CLIENT

The CLIENT has the right to use the contracted services in accordance with these terms, the applicable specific terms, product sheet, quotation, invoice, commercial proposal or contract, provided that it is up to date with payment and complies with the obligations assumed.

The CLIENT has the right to receive the contracted services within the scope, resources, functions, limits, support and conditions agreed, without prejudice to technical limitations, maintenance, incidents, dependence on external providers, force majeure or exclusions provided herein.

The CLIENT may request information, support, extensions, plan changes, additional services, migrations, technical interventions, restores, configurations, licences, integrations or complementary services, subject to technical feasibility, acceptance by ZAPAHOSTING, provider availability and applicable quotation or price.

The CLIENT may request access, download, export or delivery of its data where technically and legally appropriate, within the limits of the contracted service, applicable law, external provider conditions and these terms. The CLIENT may cancel or not renew services under the procedures and effects set out herein.

6.2 Obligations of the CLIENT

The CLIENT must pay punctually for contracted services, renewals, extensions, excess consumption, licences, domains, certificates, technical work, third-party costs, penalties, fees or any other amount due under these terms, product sheet, quotation, invoice or contract.

The CLIENT must provide true, complete, accurate and up-to-date data during registration, contracting, billing, support, renewal, access recovery, domain management and service provision. The CLIENT must actively cooperate with ZAPAHOSTING by providing information, documentation, access, authorisations, technical data, credentials, decisions, validations or payments required.

The CLIENT is responsible for safeguarding credentials, passwords, SSH keys, certificates, VPN access, users, panels, email accounts, client area, SaaS services, servers, applications and any other access mechanism linked to contracted services.

The CLIENT must use the services lawfully, diligently, reasonably and in accordance with applicable law, these terms, specific terms, acceptable use policies, technical instructions and external provider conditions.

The CLIENT shall not use the services for unlawful, fraudulent, abusive, misleading or bad-faith activities, nor for activities contrary to public order, third-party rights or that may harm security, stability, reputation, availability or operation of ZAPAHOSTING, its providers, other clients or third parties.

The CLIENT is responsible for content, data, applications, websites, databases, files, emails, communications, users, configurations, scripts, plugins, integrations, servers, domains and activities hosted, managed, published, sent, received or executed through the contracted services.

The CLIENT must keep under its control systems, applications, CMS, plugins, themes, extensions, servers, devices, accounts, users, passwords, licences, certificates and other elements updated, secure and properly configured.

The CLIENT is responsible for complying with tax, accounting, commercial, labour, administrative, data protection, e-commerce, intellectual property, commercial communications, consumer, cybersecurity and any other laws applicable to its activity, content, data, services, products, billing, communications or use of the services.

The CLIENT is responsible for the use of artificial intelligence tools, automated assistants, MCP connectors, APIs, integrations, extensions or external services connected to or used with contracted services, especially where they involve processing, extraction, analysis or transmission of personal data, confidential data, credentials, emails, databases, invoices, code, configurations or third-party information. ZAPAHOSTING shall not be responsible for information leaks, regulatory breaches, unauthorised access, errors, modifications, automated decisions or damages arising from such tools used by the CLIENT or authorised third parties.

The CLIENT shall indemnify and hold ZAPAHOSTING harmless from claims, sanctions, damages, costs, expenses, liabilities, penalties, third-party requests or proceedings arising from unlawful, abusive, negligent or non-compliant use of the services, including content, data, applications, domains, emails, servers, credentials, users, plugins, configurations, regulatory breaches or third-party rights.

VII. ECONOMIC TERMS

7.1 Prices

The prices of the services shall be those published on the website, client area, quotation, pro forma invoice, invoice, commercial proposal or specific terms applicable at the time of contracting or renewal. Prices shall be expressed in euros unless otherwise indicated and taxes shall be applied according to applicable law.

ZAPAHOSTING may modify prices due to market, supplier, licence, domain registry, currency, tax, infrastructure, energy, labour, security, regulatory, technical or commercial changes. New prices shall apply to future contracts, renewals or extensions, except where otherwise legally required or expressly agreed.

Obvious price, tax, description, availability or configuration errors shall not bind ZAPAHOSTING, which may cancel the order and refund any amount paid for a service not provided, except for non-recoverable third-party costs or services already started where legally appropriate.

7.2 Discount coupons, promotions and offers

Coupons, discounts, promotions or offers shall apply only under the conditions expressly indicated, during the applicable period and for the products or services specified. They shall not be cumulative unless expressly stated and may be subject to availability, stock, technical limitations, new-client conditions, minimum permanence, renewal prices or other restrictions.

7.3 Billing

ZAPAHOSTING shall issue invoices for contracted services according to the tax data provided by the CLIENT. The CLIENT is responsible for keeping such data updated and for notifying any errors. Pro forma invoices, orders or payment requests do not replace final invoices where legally required.

Invoices may be made available electronically through the client area, email or other enabled channels. Failure to download or consult an invoice does not release the CLIENT from payment obligations.

7.4 Payment methods

Payment may be made by the methods enabled at any time by ZAPAHOSTING, which may include bank transfer, card, PayPal, Stripe, direct debit or other electronic or manual payment methods.

Card payments and other electronic payments may be processed through external payment service providers, including Stripe, PayPal or equivalents. Their use may be subject to the conditions, validations, security measures, strong customer authentication, anti-fraud policies, availability, commissions, rejections, blocks or procedures established by the corresponding provider.

7.5 Recurring payments, card, PayPal, direct debit or other means

Where the CLIENT authorises recurring payments, tokenised card charges, PayPal, direct debit or equivalent means, ZAPAHOSTING may charge renewals, recurring services, invoices or amounts due through the authorised payment method until the CLIENT cancels such authorisation or the service, subject to these terms.

ZAPAHOSTING may not store full card data where these are held or tokenised by the payment provider. Transactions may be subject to security validation, bank authorisation, limits, automatic rejection, preventive blocking or additional review.

7.6 Non-payment, chargebacks, suspension and associated costs

Failure to pay invoices, rejection of payment, chargeback, return of direct debit or existence of overdue amounts may lead to suspension, limitation, cancellation, non-renewal or termination of services, without prejudice to the obligation to pay amounts accrued, third-party costs, penalties, administrative costs or technical work performed.

Services suspended for non-payment may be restored only after payment of outstanding amounts and, where applicable, recovery, reactivation, technical, administrative or third-party costs. Restoration may not be possible where domains, licences, certificates, data, providers or resources have expired, been deleted, cancelled or become unrecoverable.

VIII. DURATION AND TERMINATION

8.1 Term

The duration of each service shall be the one indicated in the product sheet, quotation, order, invoice, commercial proposal, specific terms or applicable contract. Services may be monthly, annual, multi-year, one-off, recurring or for a specific period.

Unless cancelled or not renewed in accordance with these terms, recurring services may be renewed for successive periods. Renewal shall be subject to payment, availability, provider conditions, current prices and compliance by the CLIENT with its obligations.

8.2 Termination

The contractual relationship may end by expiry of the contracted period without renewal, cancellation requested by the CLIENT, termination for breach, impossibility of provision, provider withdrawal, legal requirement, force majeure, discontinuation of the service, non-payment, misuse or any other cause provided in these terms.

ZAPAHOSTING may terminate or not renew a service where the CLIENT breaches payment, acceptable use, security, cooperation, legal, technical or contractual obligations, or where continuation entails risk to legality, security, stability, reputation, providers, other clients or third parties.

8.3 Cancellation, non-renewal and unilateral termination by the CLIENT

The CLIENT may request cancellation or non-renewal of services through the channels enabled by ZAPAHOSTING and within the applicable deadlines. Cancellation shall not affect amounts already accrued, services provided, domains, licences, certificates, third-party costs, customised work, technical interventions or non-recoverable concepts.

Some services require advance notice, minimum terms, specific procedures, provider validation or cancellation before renewal. The CLIENT is responsible for submitting cancellation requests in due time and verifying their confirmation.

8.4 Effects of termination, data retention and recovery

Upon termination, cancellation, non-renewal, non-payment or expiry, ZAPAHOSTING may suspend, delete, block or retain data according to the service terms, technical retention periods, legal obligations, provider policies and applicable law. The CLIENT is responsible for exporting or backing up its data sufficiently in advance.

Recovery after cancellation, deletion, non-payment or expiry may be impossible or subject to technical availability, retention periods, existence of backups, provider conditions, recovery costs or contracting of additional services.

8.5 Other causes of termination

ZAPAHOSTING may terminate services for serious or repeated breach, unlawful or abusive use, risk to security or reputation, lack of cooperation, provider suspension or cancellation, legal requirement, force majeure, discontinuation, technical incompatibility, non-payment or any other cause preventing normal provision of the service.

IX. SERVICE GUARANTEES

9.1 Quality, availability and service continuity

ZAPAHOSTING undertakes to make reasonable efforts to provide the contracted services with an adequate level of quality, continuity, security and availability according to the nature of the service, available technical means, contracted conditions and the limitations set out herein.

Technology services may be affected by incidents, interruptions, degradation, maintenance, updates, software or hardware failures, connectivity problems, cyberattacks, configuration errors, force majeure, actions of third parties, external suppliers, registrars, datacentres, operators, manufacturers, SaaS platforms, DNS services, email services, telecommunications networks or any other circumstance outside the reasonable control of ZAPAHOSTING.

Unless a different service level is established in the product sheet, quotation, contract or specific terms, ZAPAHOSTING shall endeavour to maintain annual availability of hosting services of 99.9%, referring only to the services directly included in that commitment and excluding the cases provided in these terms.

Scheduled maintenance, force majeure, operator failures, DDoS or cyberattacks, provider incidents, CLIENT errors or configurations, DNS or domain issues, suspensions for non-payment or abuse, and auxiliary services not expressly included shall not count as unavailability attributable to ZAPAHOSTING.

Where an included service falls below the agreed availability for reasons directly attributable to ZAPAHOSTING, the CLIENT may request compensation as service credit or extension of the contracted period under the conditions published or agreed for the affected service. Unless expressly agreed otherwise, compensation shall not exceed the amount paid for the affected service during the incident period and shall not include indirect damages, lost profits, data loss, reputational damage or third-party costs.

9.2 Right of withdrawal and excluded services

Where the CLIENT acts as a company, professional, self-employed person, entity or organisation and contracts services for business or professional activity, the statutory right of withdrawal for consumers and users shall not apply.

Where the CLIENT acts as a consumer or user, ZAPAHOSTING shall respect the mandatory rights recognised by applicable consumer and distance contracting law, including the right of withdrawal where applicable and its legal exceptions.

Due to the nature of the services offered by ZAPAHOSTING, the right of withdrawal may not apply or may be excluded for services whose performance has begun with the CLIENT consent, fully performed services, customised services, domains registered or transferred at the CLIENT request, certificates, licences, third-party services, technical work, migrations, configurations, training, support already provided, cloud services, servers, SaaS platforms or digital services initiated under applicable law.

Any voluntary refund guarantees, free trials or promotions offered by ZAPAHOSTING shall apply only where expressly indicated in the product sheet, quotation or specific terms of the contracted service and shall not constitute a statutory right of withdrawal.

X. LIABILITY REGIME

10.1 General regime

ZAPAHOSTING shall be liable to the CLIENT only for direct damages resulting from a contractual breach attributable to ZAPAHOSTING, within the limits established in these terms and applicable law.

ZAPAHOSTING shall not be responsible for incidents, losses, interruptions, degradation, unavailability, data loss, errors, blocks, sanctions, claims or damages arising from causes not directly attributable to ZAPAHOSTING, including CLIENT actions or omissions, incorrect configurations, content, applications, credentials, devices, domains, DNS, software, plugins, integrations, servers or services under CLIENT control; unlawful or abusive use; compromised credentials; lack of updates, security or backups; provider failures or decisions; cyberattacks, DDoS, malware, ransomware, phishing, spam, blacklists, force majeure or non-payment.

ZAPAHOSTING shall not be liable for indirect damages, lost profits, loss of business, revenue, commercial opportunity, clients, reputation, positioning, business interruption, third-party claims, loss or deterioration of data or damages arising from CLIENT services, content, applications, decisions, legal obligations or business activity, except where liability cannot legally be limited.

The limitations herein shall apply to the extent permitted by law and shall not exclude liability for wilful misconduct, gross negligence, personal injury, breach of essential obligations or any other case where the law does not allow exclusion or limitation.

10.2 Responsibility for content, data and use of services

The CLIENT is solely responsible for content, data, files, databases, applications, websites, emails, communications, invoices, documents, images, texts, trademarks, software, scripts, plugins, domains, servers, configurations, users, access, links, products, services or any other information hosted, transmitted, published, sent, received, managed, stored or made available through the contracted services.

ZAPAHOSTING does not pre-monitor or assume responsibility for CLIENT content, data, activities, communications or services, without prejudice to actions it may adopt when it has actual knowledge of unlawful, abusive, fraudulent, rights-infringing or non-compliant activities.

The CLIENT shall hold ZAPAHOSTING harmless from any claim, sanction, damage, cost, expense, liability, penalty, request, proceeding, complaint or action of third parties arising from the CLIENT content, data, applications, domains, servers, services or activities; infringement of intellectual or industrial property, image, honour, privacy, data protection, consumer, commercial communications, tax, commercial, labour, administrative or other law; unlawful or negligent use; actions of authorised users or third parties; configurations, integrations, plugins, software, scripts, credentials or access managed by the CLIENT; or use of AI tools, MCP connectors, APIs, integrations, extensions or external services authorised by the CLIENT.

When ZAPAHOSTING receives a claim, request, abuse notice, provider communication, competent authority requirement or third-party complaint relating to CLIENT content, data, activities or services, it may adopt reasonable and proportionate measures under these terms, including requesting information, removing or blocking content, preventive suspension, access limitation, sending block, service isolation, communication to the CLIENT or cooperation with providers and authorities.

10.3 Support, technical interventions and recommendations

Support, assistance, maintenance, configuration, migration, restoration, cleaning, security, training, consultancy or intervention on CLIENT systems shall be carried out within the scope expressly contracted or accepted by ZAPAHOSTING.

The CLIENT acknowledges that any technical intervention on servers, applications, databases, email, DNS, firewalls, networks, systems, plugins, integrations or services may involve risks of unavailability, incompatibility, configuration loss, errors, functional changes, need for restoration or impact on dependent services.

Unless expressly agreed in writing, ZAPAHOSTING does not guarantee that a technical intervention will fully resolve an incident or that there will be no effects arising from pre-existing causes, third-party software, licences, previous configurations, lack of backups, incompatibilities, malware, data corruption, provider limits or incomplete information provided by the CLIENT.

ZAPAHOSTING shall not be liable for damages arising from the CLIENT failure, delay, refusal or modification of reasonable technical recommendations made by ZAPAHOSTING.

10.4 Cooperation with authorities and providers

ZAPAHOSTING may provide data, technical records, logs, contact information, contracting evidence, service information or access to content where legally required by a competent authority, court, law enforcement, public administration, external provider, registrar, datacentre, operator or competent entity, within the terms permitted by applicable law.

ZAPAHOSTING may retain and provide the technical or contractual information necessary to prevent, investigate or evidence abuse, fraud, security incidents, breaches, third-party claims, legal requirements or defence of its rights and legitimate interests.

10.5 Economic limitation of liability

In relationships with CLIENTS acting as companies, professionals, self-employed persons, entities or organisations, the total accumulated liability of ZAPAHOSTING for any concept related to a specific service shall be limited, unless expressly agreed in writing or legally mandatory otherwise, to the amount effectively paid by the CLIENT for the affected service during the six (6) months prior to the event giving rise to the claim.

For the purposes of this limit, only amounts actually paid for the directly affected service shall be taken into account, excluding domains, licences, certificates, fees, penalties, third-party costs, customised services, technical work already carried out, non-recoverable services or concepts paid or payable by ZAPAHOSTING to third parties.

This limitation shall not apply where liability cannot legally be limited, nor in cases of wilful misconduct, gross negligence, personal injury, breach of essential obligations or damages that may not legally be excluded or limited. Where the CLIENT acts as a consumer or user, mandatory statutory rights shall be respected.

XI. INTELLECTUAL AND INDUSTRIAL PROPERTY

Use by third parties of the ZAPAHOSTING trademark, trade name, logo, distinctive signs, design, corporate image, texts, contents, materials, documentation, graphic elements, code, structure, programming, website design or any other proprietary elements is prohibited unless expressly authorised in writing by ZAPAHOSTING.

All intellectual and industrial property rights over the ZAPAHOSTING website, proprietary content, design, programming, documentation, commercial materials, manuals, texts, images, logos, trademarks, distinctive signs and protected elements belong to ZAPAHOSTING or their legitimate holders. Reproduction, distribution, public communication, transformation, assignment, exploitation, copying, extraction, reuse or unauthorised use is prohibited.

Contracting ZAPAHOSTING services does not transfer to the CLIENT any intellectual or industrial property rights over trademarks, software, developments, configurations, documentation, tools, procedures, scripts, templates, designs, know-how, platforms, panels, systems, code, automations or technical elements used by ZAPAHOSTING, unless expressly agreed in writing.

The CLIENT is solely responsible for holding the rights, licences, authorisations, permissions or legal bases necessary for content, texts, images, videos, trademarks, logos, databases, software, plugins, themes, extensions, documents, invoices, communications, designs, developments, domains or any other elements hosted, used, published, transmitted, installed or managed through contracted services.

ZAPAHOSTING may suspend, remove, block or limit access to content, domains, services, applications or materials when it receives a reasonable claim, authority requirement, provider communication, third-party complaint or sufficient indication of infringement of intellectual property, industrial property or other third-party rights.

XII. PERSONAL DATA PROTECTION

12.1 Processing where ZAPAHOSTING acts as controller

ZAPAHOSTING shall process personal data of the CLIENT, its representatives, contacts, authorised users or contact persons for the purpose of managing the contractual relationship, providing services, processing orders, issuing invoices, managing payments, renewals, technical support, administrative communications, security, fraud prevention, compliance with legal obligations and defence of its rights and legitimate interests.

Such processing shall be carried out in accordance with applicable data protection law and the ZAPAHOSTING privacy policy, available on the website and forming part of the legal information provided to the CLIENT.

The CLIENT is responsible for providing true, up-to-date and relevant personal data and for having sufficient legal basis to communicate to ZAPAHOSTING data of representatives, employees, collaborators, technical, administrative or billing contacts or other persons related to the services.

ZAPAHOSTING may disclose or provide personal data to service providers necessary for contractual management, billing, payments, support, security, communications, domain registration, technology services or legal compliance, including registrars, cloud providers, datacentres, SaaS platforms, email providers, payment gateways such as Stripe, banks, advisers, public administrations or competent authorities.

12.2 Processing where ZAPAHOSTING acts as processor

Where ZAPAHOSTING provides hosting, servers, email, backup, online billing, technical support, systems administration, cloud, cybersecurity or other services involving access, hosting, storage, preservation or processing of personal data on behalf of the CLIENT, ZAPAHOSTING shall act as processor and the CLIENT as controller.

In such cases, ZAPAHOSTING shall process personal data only under documented instructions from the CLIENT, including those contained in these terms, the service sheet, support tickets, quotations, contracts, technical documentation or communications accepted by both parties.

The CLIENT is responsible for determining the purpose, content, use, legal basis, retention periods, accuracy, information to data subjects, exercise of rights and compliance regarding personal data hosted, processed, entered, sent, received or managed through contracted services.

12.3 Subject matter, duration, nature and purpose of the processing

The subject matter of the processing shall be the provision of the technology services contracted by the CLIENT, including, where applicable, hosting, storage, email, backups, support, administration, maintenance, security, online billing, migrations, restores, monitoring, incident resolution or any other action necessary for proper service provision.

The duration shall coincide with the term of the contracted service and, after termination, with the periods required for return, deletion, blocking, technical, legal or contractual retention of the data under these terms and applicable law.

The nature of the processing may include storage, preservation, consultation, access, recording, organisation, structuring, technical modification, extraction, copying, transmission, deletion, recovery, blocking, monitoring, support or any technical operation necessary to provide the service. The purpose shall be exclusively to enable provision, maintenance, support, security, continuity, billing, recovery, compliance and technical management of the contracted services.

12.4 Type of data and categories of data subjects

Services may process the personal data that the CLIENT decides to host, enter, send, receive, store or manage through contracted services, including identification data, contact data, professional data, billing data, tax data, economic data, IP addresses, credentials, logs, communications, emails, documents, invoices, data of clients, suppliers, employees, users or contacts of the CLIENT.

Categories of data subjects may include clients, suppliers, employees, collaborators, users, contacts, representatives, administrators, subscribers, communication recipients, persons included in documents or databases of the CLIENT and any other person whose data are processed by the CLIENT through contracted services.

Unless expressly agreed in writing, the CLIENT should not host, process or communicate through the services special category data, minors data, health data, biometric data, criminal data or data subject to reinforced obligations unless it has sufficient legal basis, appropriate measures and has informed ZAPAHOSTING where necessary to assess service feasibility and security.

12.5 Obligations of ZAPAHOSTING as processor

ZAPAHOSTING undertakes to process personal data only under documented CLIENT instructions; ensure confidentiality commitments by authorised persons; apply reasonable and appropriate technical and organisational measures according to the service; assist the CLIENT, where possible and within the service scope, in handling data subject rights, security breaches, impact assessments or supervisory authority consultations; notify the CLIENT without undue delay of personal data breaches of which it becomes aware affecting data processed on behalf of the CLIENT; make reasonably necessary information available to evidence compliance; and return, delete or block data upon service termination as appropriate, except where legal retention, technical impossibility, residual copies or specific service conditions apply.

12.6 Sub-processors and providers

The CLIENT authorises ZAPAHOSTING to use sub-processors, technology providers, registrars, datacentres, cloud providers, SaaS platforms, email providers, backup, security, support, payment gateway, monitoring, licence providers or other third parties necessary to provide the contracted services.

ZAPAHOSTING shall endeavour to select providers offering reasonable guarantees in security and data protection. Where a provider acts as sub-processor, ZAPAHOSTING shall endeavour to ensure that it is subject to substantially equivalent data protection obligations for the affected services.

The CLIENT acknowledges that certain services such as domains, third-party email, SaaS platforms, cloud servers, licences, payment gateways or services provided by external providers may also be subject to the terms and privacy policies of such third parties.

12.7 Security measures, support and access

ZAPAHOSTING shall apply reasonable technical and organisational measures to protect personal data processed within the contracted services, taking into account service nature, state of the art, risks, implementation costs, contracted configuration and responsibilities of each party.

The CLIENT is responsible for security measures under its control, including user management, passwords, permissions, configurations, updates, own backups, licences, applications, devices, legal bases, information to data subjects and proper use of the services.

When the CLIENT requests technical support or intervention on services containing personal data, it authorises ZAPAHOSTING to access such data to the extent strictly necessary to provide support, resolve incidents, maintain security, perform migrations, restores, configurations or comply with legal obligations.

12.8 Destination of data after service termination

Upon termination, the CLIENT is responsible for requesting and carrying out, sufficiently in advance, the export, copy or preservation of personal data hosted or processed through the contracted services.

ZAPAHOSTING may delete, block or retain data after cancellation, non-payment or non-renewal according to service conditions, technical periods, legal obligations, external provider policies and applicable law. Recovery after termination may be impossible or subject to technical availability, retention periods, existing copies, recovery costs or additional services.

XIII. ASSIGNMENT

The CLIENT may not assign, transfer, subrogate, encumber, resell or transmit to third parties, in whole or in part, the contractual relationship, the contracted services or the rights or obligations arising therefrom without prior express written consent of ZAPAHOSTING, unless the contracted service expressly allows resale, delegation or use by third parties.

ZAPAHOSTING may assign, transfer or subrogate, in whole or in part, its contractual position, rights or obligations in the event of corporate reorganisation, business transfer, merger, acquisition, brand change, provider change, outsourcing of services or equivalent operation, provided this does not unjustifiably prejudice the essential rights of the CLIENT and applicable legal obligations are respected.

Where assignment or change of ownership affects personal data, it shall be carried out in accordance with applicable data protection law.

XIV. SUBCONTRACTING

ZAPAHOSTING may contract, subcontract, outsource or channel through third parties any activities, resources, services, tools, infrastructures or benefits necessary or convenient for contracting, maintenance, updating, improvement, support, security, billing, payment, registration, renewal, hosting, connectivity, monitoring, backup, licensing or provision of the contracted services.

Such third parties may include registrars, hosting providers, datacentres, cloud providers, telecom operators, software manufacturers, SaaS platforms, email providers, payment gateways, banks, security providers, backup services, support tools, monitoring providers, professional advisers, technical collaborators or wholesalers.

The CLIENT acknowledges and accepts that certain services may depend wholly or partly on such third parties and be subject to their terms, use policies, technical limitations, availability, prices, licences, support procedures, security measures, legal requirements or operational decisions.

Where subcontracting involves access to or processing of personal data on behalf of the CLIENT, the personal data protection and processing agreement provisions shall apply.

XV. INSURANCE

Each party shall be responsible for taking out and maintaining, where applicable, the insurance it deems appropriate to cover the risks of its activity, legal obligations, professional liability, damages, losses, cyber incidents, business interruption, data loss or any other contingency arising from the contractual relationship.

Where continuity of the contracted services is critical to the CLIENT activity, the CLIENT must assess taking out insurance, continuity plans, external backups, high-availability solutions, contingency plans, redundant services or additional protection measures appropriate to its risk level.

Contracting ZAPAHOSTING services does not replace the CLIENT obligations to adopt its own continuity, security, compliance, data protection, backup or insurance measures.

XVI. MODIFICATION OF SERVICES

ZAPAHOSTING may modify, update, replace, extend, reduce, discontinue or adapt services, functionalities, technologies, versions, panels, configurations, providers, locations, licences, fees, resources, security measures or technical conditions where necessary or convenient for legal, technical, commercial, organisational, security, technological evolution, obsolescence, service improvement, external provider change, end of support, vulnerability, availability or compliance reasons.

Where such modifications substantially affect a contracted service, ZAPAHOSTING shall endeavour to inform the CLIENT with reasonable advance notice where possible and where there are no urgent, security, compliance, force majeure, abuse, external provider decision or immediate technical reasons.

Modifications required to preserve security, stability, continuity, legality or proper operation of the service may be applied immediately. Where a service, product, feature or technology is definitively withdrawn, ZAPAHOSTING may offer a reasonable technical or commercial alternative where viable, without being obliged to maintain obsolete, insecure, discontinued or unavailable services indefinitely.

Nothing in this clause shall limit mandatory rights of consumers or users, nor allow unilateral modifications where applicable law does not permit them.

XVII. SERVICE SUSPENSION

ZAPAHOSTING may suspend, limit, block, isolate, deactivate in whole or in part, or temporarily restrict access to a contracted service where a cause provided in these terms occurs, including non-payment, unlawful or abusive use, excessive resource consumption, risk to security, stability or reputation, malware, spam, phishing, attacks, compromised credentials, infringement of third-party rights, abuse complaints, legal requirements, lack of CLIENT cooperation, contractual breach or external provider decision.

Suspension may be preventive and without prior notice where there is risk to security, stability, integrity, availability, reputation or continuity of ZAPAHOSTING services, suppliers, other clients or third parties, or where urgency does not allow waiting for a prior response from the CLIENT.

Where reasonably possible, ZAPAHOSTING shall inform the CLIENT of the general reason for suspension and the actions necessary to assess restoration, provided such communication does not compromise security, abuse investigation, fraud prevention, third-party rights, external provider instructions or legal requirements.

Suspension may affect the entire service or only the parts, functionalities, access, domains, mailboxes, email sending, IP addresses, servers, databases, applications, processes, scripts, accounts, panels, integrations or resources affected by the incident.

To restore the service, the CLIENT must correct the cause of suspension, comply with ZAPAHOSTING requirements, provide the requested information, remove problematic content or software, clean malware, update systems, change configurations or credentials, prove ownership, cease abusive activity, pay outstanding amounts or carry out any other necessary action.

ZAPAHOSTING may condition restoration on technical verification, payment of outstanding amounts, contracting of additional technical work, approval by an external provider or adoption of reasonable security measures. Suspension does not release the CLIENT from payment of amounts accrued or due.

Where the cause is serious, repeated, not corrected within a reasonable period, affects legality, security, reputation, stability or third-party rights, or prevents normal provision, ZAPAHOSTING may cancel the service, terminate the contractual relationship or refuse renewal, without prejudice to claiming outstanding amounts, associated costs, damages, penalties or liabilities.

XVIII. APPLICABLE LAW

These general terms and the contractual relationship between ZAPAHOSTING and the CLIENT shall be governed by Spanish law and, where applicable, European Union law.

Without limitation, rules on general terms and conditions, electronic contracting, information society services, e-commerce, consumers and users, personal data protection, intellectual and industrial property, payment services, electronic signatures, cybersecurity, commercial communications and any other rules applicable by reason of the contracted service, CLIENT status, activity carried out or territory affected shall apply.

Where the contracted service is subject to specific regulations, registrar terms, domain authority rules, external provider terms, manufacturer terms, SaaS platform terms, datacentre or operator terms, certification authority terms, payment gateway terms or competent authority requirements, such rules shall also apply to the relevant service to the extent applicable.

XIX. COMPETENT JURISDICTION

The parties shall endeavour to resolve amicably any dispute, discrepancy, claim or conflict arising in relation to the contracting, interpretation, performance, compliance, suspension, cancellation or termination of the contracted services.

Where the CLIENT acts as a consumer or user, the courts and tribunals corresponding under applicable consumer law shall have jurisdiction, without this clause limiting any mandatory rights legally available to the CLIENT.

Where the CLIENT acts for purposes related to its commercial, business, professional, trade, entity or organisational activity, the parties, expressly waiving any other jurisdiction that may correspond to them, submit to the Courts and Tribunals of Madrid for the resolution of any conflict arising from the contractual relationship.

Where legally applicable, a consumer CLIENT may use applicable alternative dispute resolution mechanisms and the European online dispute resolution platform where available and applicable.

XX. MISCELLANEOUS

If any clause of these terms is declared null, invalid, ineffective or unenforceable, wholly or partly, by a competent authority, such declaration shall not affect the validity of the remaining clauses, which shall remain in force to the extent permitted by law.

The parties shall endeavour to replace the affected clause with a valid and effective clause that, as far as possible, produces equivalent effects and respects the economic, contractual and legal purpose pursued by the original clause.

These general terms, together with the legal notice, privacy policy, processing agreement where applicable, product sheets, quotations, commercial proposals, invoices, specific terms, annexes, acceptable use policies and applicable technical documentation, constitute the contractual framework applicable to the services contracted by the CLIENT.

In the event of contradiction between these general terms and a specific condition expressly accepted in writing for a specific service, the specific condition shall prevail with respect to that particular service.

Failure by ZAPAHOSTING to exercise any right, power or action recognised in these terms shall not constitute a waiver, unless expressly waived in writing. Clause headings are included solely to facilitate reading and shall not affect interpretation.