TERMS AND CONDITIONS ZAPIPLAY SPAIN S.L.U.

1. INTRODUCTION

1.1 The general and specific terms and conditions of contract described below (hereinafter "General Conditions"), exclusively govern the commercial relations between any CLIENT (hereinafter "CLIENT") of the website. www.zapiplay.com and the Service Provider Zapiplay Spain S.L.U. (hereinafter "Zapiplay").

1.2 The procedure for contracting the service is carried out entirely electronically through the website www.zapiplay.com  having the same validity as the face-to-face signature of the same.

2. OBJECTIVE

2.1 The purpose of these General Terms and Conditions of Sale is to regulate the characteristics in which the customer accesses the Marketing and Design Plan that he/she has chosen and that Zapiplay has developed, from the placing of the order, delivery and payment, as well as the after-sales service.

2.2 The General Terms and Conditions, together with all additional information about the product contracted by the customer is published on the Zapiplay website, www.zapiplay.com The parties are bound together as a unitary whole.

2.3 These General Terms and Conditions set out below are the only applicable terms and conditions and supersede any other prior terms and conditions or agreements, unless the parties expressly agree otherwise in writing and such agreement supersedes or amends these General Terms and Conditions.

2.4 The translated versions of the legal agreements and policies are provided solely for the user's understanding of the English versions. The translations of the legal agreements do not establish any legal binding and therefore do not replace the original English versions and are not valid. In the event of any conflict or dispute, this contractual relationship shall be governed by the English language versions of the agreements and policies, and they shall prevail over the other language versions.

3. SERVICES OFFERED

 Zapiplay makes available to the CLIENT: 

3.1. Unlimited marketing and design plans, we offer monthly or yearly subscription service plans. The provisions of these Terms and Conditions shall apply to the following Marketing and Design Plans:

3.1.1 Essential Plan

3.1.2 Growth Plan

3.1.3 Premium Plus Plan

3.1.4 Components: domain name registration or transfer, SSL certificates, IPs... (hereinafter indistinctly referred to as "the SERVICES").

3.2 The SERVICES offered by Zapiplay will appear on the website, with an indication of their characteristics and price, and are therefore available to the CLIENT prior to their request for services.

3.3 The territorial scope of the provision of the services will mainly coincide with the territorial scope described on the Zapiplay website, although orders may be placed worldwide.

3.4 Likewise, these terms and conditions shall apply to any marketing and design plan created and developed by Zapiplay that is not included in the above list, but to which these terms and conditions are attached.

4. INFORMATION ON SERVICES

4.1 The technical characteristics of each of these services as well as the price to be paid for them are clearly specified on the website. www.zapiplay.com and/or in the particular conditions of this contract.

4.2 Our CUSTOMER service hours are from Monday to Friday, from 9:00 to 20:00 and on Saturdays and Sundays from 9:00 to 20:00. CUSTOMERS can communicate by the means of communication published in our contact page.

 4.3 In the following, working days are counted from Monday to Friday.

 4.4 In the event that technical support is required, Zapiplay offers specialised and personalised support for each CLIENT (only with active services), via the channels published in our contact page and in our blog.

5. PROCUREMENT/ORDERING PROCEDURE

5.1 The procedure for contracting the service is carried out entirely electronically through the website www.zapiplay.com  having the same validity as the signature in person of the same. This Purchase Order constitutes the reference document for all purposes (dates, deadlines, prices, etc.) for the contracting and renewal of the Service.

5.2 In order to place an order, the CLIENT must provide the personal data requested during the purchase process. The data provided in the registration process will be incorporated into Zapiplay's files and will be governed and processed in accordance with the provisions of the Privacy Policy available on the website.

5.3 The placing of an order by the CLIENT is equivalent to his full acceptance of the prices, the description of the SERVICES for sale and the General Conditions of Sale, as well as any others specified in the order itself and on the page of the SERVICES.

5.4 In the event that the requested SERVICES are not available, Zapiplay will inform the CLIENT as soon as possible.

5.5 Natural persons, over 18 years of age, and legally constituted legal entities may contract the SERVICES. In the case of a legal entity, the application for the Services must be carried out by an attorney-in-fact or a duly authorised legal representative of the company. In the case of natural persons, they may be requested to prove that they are of legal age. 

(IF NOT, PRIOR WRITTEN AUTHORISATION MUST BE OBTAINED FROM THE MINOR'S LEGAL REPRESENTATIVES OR GUARDIANS).

6. REFUSAL

6.1 Zapiplay reserves the right to accept or reject any Recruitment, provided that: 

6.1.1 Check that the information provided is untrue and/or inaccurate; 

6.1.2 You consider that the request does not comply with the terms of the Terms and Conditions and/or damages or is likely to damage Zapiplay's corporate image or is contrary to the commercial purposes of Zapiplay; 

6.1.3 The CLIENT has any previously contracted Service pending payment with Zapiplay.

6.2 The refusal of the provision of the SERVICES will be made by email to the addresses provided in the Contract, justifying the reason for the refusal. The applicant whose request has been rejected by Zapiplay may apply for the Services again, provided that the reasons for non-admission have been duly corrected or eliminated.

7. ACCEPTANCE OF SERVICES

7.1. By entering into the Contract, the Customer accepts these General Terms and Conditions. To this effect, the Client expressly accepts the possibility that the acceptance of the contract, as well as of these General Terms and Conditions, may be carried out completely electronically via the following website www.zapiplay.com .

7.2. Zapiplay shall be deemed to have accepted the contracted services with the issue of the corresponding invoice(s).

7.3. Zapiplay will send the Client, via email, a welcome message with a link to these terms and conditions and the invoice detailing the costs, products and services contracted.

8. ENTRY INTO FORCE AND DURATION OF THE CONTRACT

8.1 This contract shall enter into force on the day of its execution - which shall coincide with the moment of acceptance as indicated in point 7 above.

8.2 The duration shall be determined according to the types of services and the duration requested by the CUSTOMER at the time of the contracting process (detailed in the specific conditions of each service).

8.3 The contracted services will be suspended, if they are not renewed after X calendar days from the expiry date.

8.4 For a non-extendable period of fifteen (XX) calendar days (from the expiry date of the service), the data contained on Zapiplay's servers will be automatically deleted.

9. PRICES

9.1 Up-to-date information on our prices is available at www.zapiplay.com . You can also request it by sending us an email to legal@zapiplay.com 

9.2 The price will depend on the characteristics and resources of the plan chosen by the customer.

9.3 Zapiplay reserves the right to modify its prices at any time, subject to informing the Customer by email or by an online notice on the minet.co.uk website one month in advance, if the prices excluding VAT are less favourable to the Customer. In this case, the Customer shall have a period of one month from the date on which this information becomes available to suspend the present contract without penalty. Failing this, the Customer shall be deemed to have accepted the new tariffs. The modification of tariffs will be applied to all contracts and especially to those in execution.

9.4 The Customer shall pay in advance to Zapiplay the price for each Marketing and Design Plan set out in www.zapiplay.com . 

9.5 In consideration for the contracted services, the Client expressly agrees to pay Zapiplay the amounts specified at that time in the price list set out on the Website.  www.zapiplay.com com for the corresponding service requested, plus the corresponding Value Added Tax (VAT), which IS NOT INCLUDED in the list of stipulated prices.

9.6 Once the selection of products and/or services has been completed and prior to confirming the order and before proceeding to payment, the final price of the purchase will appear on the screen, which will include VAT (Value Added Tax) and handling fees, if applicable, which will be reflected in the order form at the time of purchase and on the invoice.

9.7 The Customer is solely responsible for the payment of all sums due under the Zapiplay Services Agreement. By express agreement, unless deferral is requested in a timely manner and granted by Zapiplay in a specific and written manner.

9.8 The order form must contain true and correct information. If this is not the case, Zapiplay does not guarantee and is not responsible for the fulfilment of the Service.

10. CHANGE OF PLANS

10.1 The customer who has contracted a Marketing and Design Plan may change to another Plan either with superior or inferior features, resources and applications.

10.2 The change shall be made from the customer area, either by the customer or by one of the authorised users to whom the customer has granted sufficient permissions.

Once a change has been made to the Marketing and Design Plan, no further change of plan may be requested within 30 days of the last change.

10.3 If the change is made to a higher Plan in terms of features, resources and applications, an amendment invoice will be generated in favour of the customer, for the amount paid and not consumed, which will be paid to the customer by bank transfer. The transfer will be made on the due date of the corrective invoice, provided that there are no outstanding charges. The customer will be able to consult the corrective invoice from the "Invoices" section of his customer area.

10.4 If the change is made to an inferior plan in terms of features, resources and applications, you will not be entitled to any refund, on the understanding that you have cancelled the initially contracted plan prior to its termination.

11. INVOICING AND METHODS OF PAYMENT

11.1 Invoicing

11.1.1 The price agreed and expressed in the order form, unless expressly mentioned, shall be invoiced within less than ten days from the date of contracting with a payment due date of less than 10 days from the date of contracting. The client shall pay for the services by direct debit payment within less than 10 days from the date of contracting, regardless of the state of execution of the contracted services.

Usage-independent charges are payable in advance, at the latest at the beginning of the respective billing period. Usage-dependent tariffs are payable at the end of the respective billing period.

11.1.2 Such order form shall reflect the agreed price for the first and subsequent annual/monthly instalments. All products subject to tacit renewal will have the price increased annually in accordance with the CPI, unless otherwise stated on the purchase order.

11.1.3 By signing the Agreement, you agree that your invoice will be issued electronically, thus complying with Spanish Consumer Protection legislation. You will receive an e-mail to the address you have provided us with the invoice and the amount of the invoice. You will also have a copy of the invoice history for the last year available in the Zapiplay Customer Area. In any case, you can request a copy of them at any time by sending us an email to facturas@zapiplay.com . In case you need paper invoicing, you can send us your request at facturas@zapiplay.com for us to process it and Zapiplay is entitled to charge a fee of up to EUR 5.00 per invoice.

11.1.4 The invoice issued shall detail all legally required items.

11.1.5 If an administrative or measurement error occurs, we will re-invoice you the corresponding amount.

11.1.6 The Customer undertakes to notify Zapiplay of any change in the bank details provided on the order form, as well as any change in the tax details.

11.2 Method of payment

11.2.1 Payment will be made by direct debit to the account you have specified to us in your Particular Terms and Conditions, unless we have agreed another method of payment with you.

11.2.2 However, as an exception to this rule, where necessary (e.g. if you have at least one unpaid invoice), Zapiplay may set up alternative payment methods (e.g. credit card provided by you, issuing invoices, etc.).

11.2.3 Payment will be made on the date on which the bank receives communication from us with the amount due.

11.3 Failure to pay. If you do not pay your bill on time:

(A) We may add the amount of the debt to your next invoice.

(B) We may temporarily suspend or permanently disconnect the supply

(C) If the direct debit is rejected, we will pass on the costs to you, including the costs incurred as a result of the rejection, administrative costs and any other amounts resulting from possible claims. All amounts due and outstanding will be considered as overdue and will automatically accrue interest in favour of Zapiplay. This interest will be the legal interest rate plus 3% per annum for the months you owe and will accrue on a daily basis.

11.3.1 Allocation of payments of outstanding amounts will be as follows: before payment of the principal amount, you must cover any interest accrued and any other costs owed by you. Unless expressly indicated by you, once the interest and costs have been covered, we will allocate the payments starting with the oldest overdue invoices for the supply made.

11.3.2 After 30 days without paying an invoice, we may transfer your debt to a collection agency and charge you an additional fee of €50 for handling the debt. This amount will be added to the existing debt on your account.

11.3.3 We may share your debt information with a debt collection agency, including ASNEF. We may inform debt collection agencies if you owe us money, subject to the requirements of current legislation. For more information in this regard, please contact us at the following email address: legal@zapiplay.com 

11.3.4 If you have problems paying your bill, please contact us immediately, we will try to help you find out how you can save money and see what other payment methods we can offer you.

11.4 Refunds

11.4.1 If we make a mistake in the collection of your monthly bill (for example, if the amount shown on the bank statement sent to you is incorrect), you will be entitled to an immediate refund of the full amount paid and any other charges or interest incurred by your bank as a result. If you receive a refund from us that is not due to you, you must return the amount to us immediately upon our request. In any case, please contact us directly as soon as you see that an error has been made.

11.4.2 Cancellation and/or modification of direct debits

11.4.3 You have the right at any time to cancel your direct debit order or change the bank account number to which we issue our invoices to you. To do so, you must:

(A) Inform your bank well in advance according to the agreement you have reached with them (you will have to check this deadline directly with your bank).

(B) Inform us to update our records at least fifteen (15) calendar days in advance. If you fail to inform us within fifteen (15) calendar days, Bulb shall not be liable for any bills that may be paid by the bank. In this case, you must contact your bank in order for them to reimburse you for the amount paid. Your bank is responsible for reimbursing you for any payments made after you have cancelled your direct debit with them.

 11.4.5 You must ensure that you can continue to make payments for the electricity you use. In this regard, you should note that (i) you will be able to cancel your direct debit mandate once you have reached agreement with us on the new payment method; and (ii) we may charge you for any additional costs that arise as a result of having to change the payment channel/mechanism.

12. Analysis of your financial situation

12.1 We may consult lists of defaulters and any other publicly available information to ensure that you are able to pay your electricity bills.

12.2 Based on our analysis, we may ask you to pay a security deposit before we begin to provide our service to you. In such a case, we will not be obliged to commence the actions necessary to provide service to you until we have received the security deposit.

12.3 The amount we will ask you for a security deposit will depend on your particular circumstances.

12.4 The security deposit will be refunded once we have a satisfactory payment history from you, which will occur when you have been paying for 6 months without incident.

12.5 For total or partial non-payment on the due date of the services, Zapiplay may: 

12.5.1 Immediately demand payment of all remaining sums owed by the CUSTOMER under the contract, regardless of the method of payment provided for; 

12.5.2 To suspend all ongoing services, whatever their nature, without prejudice to Zapiplay's right to use its right to suspend the contract; 

12.5.3 Make it impossible to subscribe to new subscriptions or to renew subscriptions.

13. SUSPENSION OF SERVICE

13.1 There are certain circumstances in which we may suspend and/or stop providing service to you. In particular, we may do so in the following cases:

13.1.1 If you have not paid your invoice on time. In this case, if, after we have written to you about it and the invoice payment deadline has passed, you have not paid your overdue invoices in full within the legally stipulated deadlines.

13.2 In such cases, and at any time after the date for suspension of service has elapsed without your having paid your overdue invoices in full, we may exercise our right to terminate this Agreement in accordance with Clause XX.

13.3 Our right to suspend the Service or terminate the Agreement does not relieve you of the obligation to pay the amount you owe (including any interest and surcharges, if any, incurred) under the Agreement.

13.5 If we have had to suspend or disconnect the supply:

13.5.1 We will resume service as soon as possible after you have paid us the outstanding amounts (including accrued interest) and any costs incurred as a result of the suspension. Once we have verified that all amounts due have been paid.

13.5.2 If the suspension is due to non-payment of your invoice, before we recommence or offer our services, we may carry out a review of your financial situation in accordance with Clause XX and we may ask you for a security deposit.

14. RIGHT OF WITHDRAWAL

14.1 As a CUSTOMER, you have the right to withdraw from the Agreement without penalty and without having to give any explanation during the first fourteen (14) calendar days from the time of contracting. To do so, you will have to inform us by sending an email to legal@zapiplay.com or by post to C/ Arquebisbe Josep Pont i Gol, 3 - ESC 1 LOC, Tarragona, 43005, Tarragona, stating the following information:

• Your unequivocal wish to exercise the right of withdrawal.
• The exact name of the product or service you wish to withdraw from.
• The date on which you contracted the product or service you wish to cancel.

The consumer and user may also use the model form for the exercise of the right of withdrawal, incorporated in Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, by sending it to Zapiplay duly signed, within the aforementioned period, together with a photocopy of their NIF as a means of unequivocally ensuring that it is a request that comes from the customer themselves.

14.2 By the Agreement you authorise Zapiplay to start providing the service to you as soon as possible. Therefore, if you withdraw from the Agreement, we have the right to ask you for the money that corresponds to the work performed and the services provided up to that point (domain management, hosting reservation, design kick-off call and web planning).

14.3 In the event that the CUSTOMER uses the Service before the expiry of the aforementioned period, the CUSTOMER acknowledges and accepts that it will not be able to exercise its right of withdrawal.

14.4 Once we have received the request to exercise the right of withdrawal, we will proceed to process it by cancelling the corresponding product or service and reimbursing the customer the price paid within a maximum period of 30 days from receipt of the withdrawal.

14.5 The right of withdrawal may not be exercised by the CUSTOMER in the case of renewals of services previously contracted with Zapiplay and whose nature is customised services as established in article 103 of Law 3/2014, of 27 March, which amends the revised text of the General Law for the Defence of Consumers and Users.

14.6 The customer must take into account the exceptions that current Spanish consumer and user legislation establishes for the right of withdrawal.

15. ZAPIPLAY'S OBLIGATIONS

15.1 Zapiplay undertakes to use all care and diligence to provide a quality service in accordance with professional practice and the state of the art. Zapiplay is only liable for an obligation of means.

15.2 Zapiplay shall not be liable for any consequences that may result from improper use of the SERVICES or services provided.

15.3 If the performance of the contract, or any obligation incumbent upon Zapiplay under these terms and conditions, is prevented, limited or disrupted by fire, explosion, failure of transmission networks, collapse of facilities, epidemic, earthquake, flood, power failure, war, embargo, law, mandate of any government, strike, boycott, withdrawal of the telecommunications operator's authorisation, or any other circumstance beyond Zapiplay's reasonable control ("Force Majeure Event"), such events shall be notified to the CUSTOMER at the earliest possible time, strike, boycott, withdrawal of the telecommunications operator's authorisation, or any other circumstance beyond the reasonable control of Zapiplay ("Force Majeure") such cases will be notified to the CLIENT as soon as possible and never in a period of more than 48 working hours, in addition "Fortuitous Event" is also expressly excluded.

15.4 The remedies provided by Zapiplay in the event of service failure resulting from a fault established against it corresponding to direct, personal and any other type of damage linked to the fault, expressly exclude any indirect damage such as, and especially, commercial damage, loss of orders, damage to brand image, any commercial disruption, loss of profits or CUSTOMERS (for example, untimely disclosure of confidential information concerning you as a result of the fault or hacking of the system, etc.).

15.5 In any event, the amount of damages and interest that may be charged to Zapiplay if its liability is engaged shall be limited to the actual amount paid by the CUSTOMER to Zapiplay for the relevant period or invoiced to the CUSTOMER by Zapiplay or to the amount of the sums corresponding to the price of the service for the part of the service for which Zapiplay's liability is engaged. The lower of these amounts will be taken into account.

15.6 The CUSTOMER acknowledges that nothing herein shall release the CUSTOMER from the obligation to pay all amounts due to Zapiplay for the provision of the services supplied.

16. OBLIGATIONS OF THE CUSTOMER

16.1 The CUSTOMER undertakes to have the necessary power, authority and capacity to sign and to perform the obligations provided for.

16.2 The CLIENT undertakes to communicate its exact banking parameters and information to Zapiplay.

16.3 The CLIENT is entirely and exclusively responsible for the passwords required to use its service. Zapiplay disclaims all liability for any illicit or fraudulent use of the passwords made available to the CLIENT. The provision of passwords is considered confidential. Any suspicion of intentional or unintentional disclosure of the passwords provided is the sole responsibility of the CLIENT, to the exclusion of Zapiplay. In the event of a password change request by the CLIENT, Zapiplay will carry out this operation through the password change service.

16.4 The CLIENT undertakes to comply with all legal and regulatory requirements in force, in particular those relating to the processing of personal data, intellectual and industrial property rights and/or any other rights of third parties.

16.5 The CUSTOMER declares to fully accept all legal obligations arising from the ownership of its services. Zapiplay cannot be required for this reason for any reason whatsoever, especially in case of violation of laws or regulations applicable to the CLIENT's services. 

16.6 Failure by the CUSTOMER to comply with the points accepted below and with the points accepted in the specific conditions and in particular any activity likely to give rise to civil and/or private liability shall give Zapiplay the right to disconnect and/or interrupt, without delay and without prior notice, the CUSTOMER's services and immediately suspend the contract as of right, without prejudice to the right to claim all damages and interests to which Zapiplay may be entitled.

16.7 The CUSTOMER undertakes to pay directly to the claimant any sum that the claimant may demand from Zapiplay. Furthermore, the CUSTOMER undertakes to intervene at Zapiplay's request in any proceedings brought against Zapiplay and to protect Zapiplay from any judgement that may be handed down against it for this reason. Consequently, the CLIENT undertakes to accept all claims and/or proceedings, whatever the form, object or nature of the claim, which are brought against Zapiplay and shall be added to the obligations that correspond to the CLIENT under this contract.

16.8 The CUSTOMER is expressly prohibited from hiring, directly or through third parties, employees of the COMPANY during the term of the contract and after its termination, in the latter case until a period of two years has elapsed from the conclusion of the Contract. This prohibition applies to both strictly employment contracts and contracts of a commercial nature. Failure by the client to comply with this obligation shall entitle the company to claim the corresponding compensation for damages.

17. POLICY OF USE

17.1 The Client undertakes to use the Service in accordance with these General Terms and Conditions and the regulations in force. In any case, Zapiplay makes the Services available to the Client exclusively for use in a single brand or trade name.

17.2 We provide unlimited marketing and design services. These tasks will be completed by our team of experts for a fixed fee which is advertised on our website. While we accept unlimited requests and revisions, our output volume depends on many factors, i.e. depending on the total volume of requests and complexity. We will do our best to work with you to accommodate any priority items and your deadlines, but we suggest that you use our additional Express Task Services for urgent projects.

17.3 We do our best to minimise any errors. However, due to the nature of creative design and marketing, we cannot guarantee that all files delivered will be 100% error free. When we deliver a file to you, you agree to review and check all files for errors or omissions and notify us if changes or corrections are necessary within seven (7) days of receipt. We will use our best efforts to expedite edits to correct any errors you notify us about during this time period. If you notify us of any errors after that time period, we are not obligated to do so, but we intend to try to work with you to make corrections.

17.4 The speed of your account is determined by the number of subscriptions you have. A subscription is a measure of output and represents what we can achieve in a working day, with our team, our software and our graphic design and marketing platform. What we can create with a single subscription depends on many factors, including but not limited to: (i) the type of plan; (ii) the volume of requests; (iii) and the complexity of the requests. We do not guarantee the amount of work we can create with a single subscription. To increase the volume of work we can complete in a business day, we suggest that you add subscriptions to your account.

17.5 You are the owner and/or controller of all your information, data or materials that you provide to us to use the Services ("Customer Content"). By submitting Customer Content to us, you represent that you own such Customer Content and/or have the necessary rights, licenses and authorization to distribute it. You grant us a worldwide, royalty-free, non-exclusive license to access and use the Customer Content to provide the Services.

17.6 In the course of providing the Services, we may use certain pre-existing materials. We and our licensors are, and shall remain, the sole and exclusive owners of all right, title and interest in and to any pre-existing materials. We grant you a perpetual, limited, royalty-free, non-transferable, non-sublicensable, non-sublicensable, worldwide licence to use, display and distribute any pre-existing material to the extent incorporated into, combined with or necessary for use of the Services or deliverables. We expressly reserve all other rights to such pre-existing materials.

17.7 Team members.

Whenever possible, we try to designate a specific team member to complete a website correction. However, we work as a team and any member of the team can work on the remediation of your website at any time.

17.8 Third parties

Zapiplay is not responsible for any work performed by third parties on its website, or for any software or plug-ins it uses. There may be times when the actions of third party providers, such as web site servers, software and plug-in developers, web browsers, email clients, domain name registrars or search engines, affect the ability of Zapiplay to provide you with the information you need. www.zapiplay.com to complete a solution or task. In the event of an interruption by a third party, Fixed.net will not be liable for any delay in completing the solution or task. You will not be entitled to a refund in the event that we are unable to complete a task or repair of the website as a result of the action of a third party.

18. TERMINATION OF THIS AGREEMENT

18.1 The parties may terminate the contractual relationship in accordance with the grounds permitted by both the Civil Code and the Commercial Code and, in particular, for the following reasons: 

18.1.1 By mutual agreement of the Parties, expressed in writing. 

18.1.2 Either party unilaterally decides to terminate the Agreement in accordance with the provisions of the Agreement;

18.1.3 For early termination of the contracted Service, communicated by the CUSTOMER through the CUSTOMER Area Panel, selecting the services to be cancelled in the "Request Cancellation" section. (Services > My Services > Click on a service to be cancelled > Request Cancellation). The notice required to terminate the Agreement shall be sixty (60) working days in advance.

18.1.4 By withdrawal from the Agreement within 14 days in accordance with Clause 14 above;

18.1.5 Zapiplay reserves the right to immediately withdraw access to the Website from those CLIENTS who, in Zapiplay's opinion, contravene the provisions of these General Terms and Conditions, without the possibility of reimbursement in the event that payment has been made. Specifically, Zapiplay may cancel the contract in the following cases, among others:

a.- When the website is used for illegitimate purposes, including the inclusion of offensive, vulgar, defamatory or illegal content (apology of terrorism, racism or Nazism, paedophilia, personal data or information, etc.) or any other content that Zapiplay, at its discretion, considers inappropriate.

b.- When the billing details provided in the contract are erroneous or make it impossible to invoice and/or charge for the contracted service.

c.- When the CLIENT is in default or is in a situation of non-payment with Zapiplay. The minimum amount charged as "Refund Expenses" for each returned bill is €10, with a maximum of €45, which must be paid by the customer in addition to the contracted services. In the case of products with monthly validity or payment in instalments, the return of 2 or more consecutive bills will entitle Zapiplay to invoice the entire contracted service and the relevant legal/administrative claim, regardless of whether the service has been suspended due to non-payment.

d.- In the event of fraudulent use of the product or use contrary to good faith, without prejudice to any actions that may correspond to it by law.

In all these cases Zapiplay Sistemas will proceed to the non-renewal of the domain associated with the product, exempting itself from any responsibility for the loss of ownership of this by the customer, as well as total loss of information contained in the hosting (Web, email, ftp's, among others).

e.- Zapiplay reserves the right to immediately withdraw, by means of a communication sent to the client by e-mail, the client's access to the website in the event that:

• At Zapiplay's sole discretion, the use by the customer contravenes the provisions of these General Terms and Conditions, and the customer hereby irrevocably waives the right to claim reimbursement of the amounts paid for the services contracted without the possibility of reimbursement in the event that payment has been made.
• At the sole discretion of Zapiplay Systems the web solution does not have adequate security measures for the protection of the site and therefore the Zapiplay servers where it is hosted.
• At Zapiplay's sole discretion, actions other than the mere management of the site for its proper commercial exploitation, as expressly agreed in the contract, are detected. In the event that Zapiplay has well-founded suspicions or verifies the existence of attempts by the client to access tools on the website, access to which has not been expressly authorised to the client by means of this contract or an express agreement, Zapiplay may proceed to immediately cancel the service, making it available to the client, provided that the website is created by a third party, a copy in CD format of the website at the date of cancellation, as well as to claim from the client the payment of the amount of six hundred (600) euros plus VAT, as compensation for early termination of the contract for breach of contract attributable to the client. Expressly stating that the cancellation of the service will result in the removal of the website from the Internet, which will consequently cease to be visible.

 19. COLLABORATION BETWEEN THE PARTIES

19.1 Both parties undertake, where necessary, to designate an interlocutor for the purpose of monitoring the implementation of the Agreement and facilitating communication between the parties.

19.2 Notwithstanding the foregoing, the CUSTOMER shall keep the email address provided in the contracting form for communication with Zapiplay operational, active and updated. Any changes to this address shall be notified to the CUSTOMER's Customer Service Department, with the measures required to authenticate the request, so that communication between the contracting parties is not interrupted at any time.

20. INTELLECTUAL PROPERTY AND TRANSFER OF RIGHTS

20.1 Zapiplay shall be the owner of the entire design and programming of the Website. Zapiplay, during the term of the contract, shall transfer to the CLIENT the economic exploitation rights derived from the intellectual property of the result of the contracted creation and development work, in particular, the rights to disclose and/or publish, reproduce, distribute, publicly communicate and transform the contents of the Website, in any medium or support, written, graphic, phonographic, audiovisual, telematic, electronic, digital, multimedia or computer, all subject to full compliance with the obligations of this agreement. The assignment of rights is made on an exclusive basis and with a defined duration or the maximum scope authorised by the legal provisions in force, and its territorial scope includes all countries in the world.

20.2 Expressly excluded from the aforementioned assignment are the intellectual property rights over the elements derived from the programming and source code, as well as the systems, instructions and computer applications and the images, sounds and infographics owned by Zapiplay or from agreements between Zapiplay and third parties integrated into the Project and used under licence.

20.3 Without prejudice to the foregoing, the assignment of the exploitation rights and any other rights that may arise from this agreement in favour of the CLIENT shall not take effect until the CLIENT has paid Zapiplay the full price established in the FIRST clause of the general terms and conditions.

20.4 Any inclusion of the subject matter of this contract or the performance of this contract in any advertising or promotional campaign, by virtue of which the name of the CLIENT or any intellectual or industrial property right of the CLIENT is advertised, inserted or used, shall not require the prior consent of the CLIENT, but authorises Zapiplay to include its name and trademark in the marketing material.

20.5 The domains acquired for the provision of the Service shall be acquired under the ownership of Zapiplay.

21. MODIFICATION OF TERMS AND CONDITIONS

21.1 The supplier reserves the right to change the terms and conditions at any time with effect for the future, unless this is unreasonable for the customer.

21.2 The supplier is entitled to change the terms and conditions in the following cases:

• if the change serves to bring the terms and conditions into conformity with applicable law, in particular if the applicable legal situation changes;
• whether the change serves the supplier to comply with binding judicial or official decisions;
• whether completely new services of the provider or elements of the service, as well as technical or organisational processes, require consideration in the terms and conditions;
• if the change only benefits the customer.

21.3 Zapiplay may from time to time modify the stipulations contained in these general and specific conditions, and it is therefore advisable to read them each time you place an order with Zapiplay. www.zapiplay.com . These modifications will take effect from the date of publication and will not have retroactive effects and will not be applicable to purchases made prior to these modifications - previous versions will always be available on request by e-mail. legal@zapiplay.com. If the customer does not object to the new General Terms and Conditions within two weeks, the new General Terms and Conditions shall be deemed to have been accepted by the customer.

22. OUR COMPLAINTS PROCESS

22.1 If you are unhappy with our service, you can make a complaint by calling us on 977 279 297 or by email to info@zapiplay.com.

22.2 In addition, we inform you that you have at your disposal a platform of the European Commission that reviews complaints, which you can access at the following link: http://ec.europa.eu/consumers/odr/.

23. GDPR

23.1 The personal data provided and those that the Client may provide at any time to Zapiplay will be included in the personal data files owned by Zapiplay Spain, S.L.U. and maintained under its responsibility, located at its registered office at Calle Arquebisbe Josep Pont i Gol, 3 - ESC 1 LOC, Tarragona, CP 43005, Tarragona (Spain). The Client acknowledges that by the very nature of the service provided by Zapiplay he/she is acting in his/her capacity as a professional or company.

23.2 The Client's personal data will be kept confidential by Zapiplay, except for data intended for publication and/or disclosure through the media indicated in these General Terms and Conditions. In this regard, the Customer assumes and consents that third parties (including Zapiplay itself, acting alone or through third parties) may obtain the aforementioned personal data contained in the Web Solution, for any of the purposes set out in article 19.1.b) of the current Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights.

23.3 Likewise, the personal data will be processed in order for Zapiplay to be able to fulfil and adequately manage the contractual relationship with the Client, as well as to send the Client offers or information on products and services, whether its own or those of third parties, directly related to Zapiplay's activities, by any means, including electronic means. The Client gives his/her consent, by signing this Agreement, for his/her data to be transferred to companies within the Zapiplay Group, for purposes identical to those defined in this section.

23.4 The Client may, where appropriate, exercise their rights of access, rectification, cancellation or opposition with respect to their data, by means of a written communication addressed to Zapiplay's Customer Service Department and sent to the registered office indicated above. In this regard, and in relation to the personal data, the Client undertakes to keep them updated at all times and is also obliged to notify Zapiplay of any modification or update relating to the same.

The contents relating to this matter (Legal Notice, Privacy Policy and Cookies, Terms of Use, Terms of Purchase, etc.) incorporated into the client's website have been prepared by Zapiplay, with the purpose of providing basic coverage to customers, so Zapiplay does not assume any responsibility for such information, being the client solely responsible for completing, verifying and / or provide Zapiplay their own texts and modifications thereof in order to properly comply with current legislation.

For more information see our Privacy Policy https://zapiplay.com/es/legal/politica-privacidad/ 

24. NON-SALE OF SERVICES

24.1 It is expressly forbidden for the CLIENT to resell the contracted Services or in any way authorise third parties to use them, in whole or in part, or to use them, introduce them or incorporate them into the scope of a business or professional activity other than their own. If you wish to re-sell Zapiplay's services, please contact us by email at the following address info@zapiplay.com.

 25. APPLICABLE LAW AND COMPETENT JURISDICTION

25.1 This Contract shall be interpreted in accordance with Spanish Law. For any dispute that may arise in relation to this Contract, the Parties submit to the Courts and Tribunals of the city of Tarragona, expressly waiving any other jurisdiction that may correspond to them, unless a mandatory jurisdiction applies due to the nature of the action.

25.2 The Agreement is governed by the provisions and regulations in force.

Date of last review: 1/01/2021

ONLINE DISPUTE RESOLUTION PLATFORM

The EU Commission provides an internet platform for online dispute resolution (the so-called "OS platform"). The OS platform is intended to serve as a contact point for the out-of-court resolution of disputes related to contractual obligations arising from online sales contracts. The OS platform can be accessed at the following link: https://ec.europa.eu/consumers/odr