In compliance with the duty of information established in Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, we inform you that this website is owned by the following company:
This company shall be referred to as "Zapiplay Spain S L U " or "zapiplay".
If the user decides not to accept the Conditions in force, he/she must refrain from accessing the Website and/or using the contents and/or services available therein.
All the contents of this website, including, but not limited to, texts, graphics, images, its design and the intellectual property rights that may correspond to said contents, as well as all trademarks, trade names or any other distinctive sign are owned or licensed by Zapiplay Spain S L U, and all rights over them are reserved.
Any reproduction of the contents, in whole or in part, in any form or by any means, whether mechanical, electronic, reprographic or otherwise, as well as any act of dissemination, public communication or distribution, without the prior written authorisation of Zapiplay Spain S L U or its legitimate owners, is prohibited.
Zapiplay Spain S L U shall not be liable for any damages or losses that may arise from the use of the contents by users or the infringement by users of any legal provision in force.
Zapiplay Spain S L U assumes no responsibility for any external links that may be included in the portal, as it has no control over them, and therefore the user accesses the content and conditions of use that govern them under their own responsibility.
Zapiplay Spain S L U reserves the right to make unannounced changes it deems appropriate on the website, and may change, delete or add content and services it provides as well as the way in which they are presented or located.
The User of the portal undertakes to make appropriate use of the services offered by Zapiplay Spain S L U and not to use them for illicit activities or those that are contrary to good faith and legal order, and not to cause damage to the physical and logical systems of Zapiplay Spain S L U, its suppliers or third parties.
Zapiplay Spain S L U is obliged to provide the competent bodies with all the information and collaboration necessary for the exercise of their functions.
The registration area implies the use of a password, which the user who registers must keep under his exclusive custody and safekeeping, and must maintain them in the strictest and absolute confidentiality, assuming any damages, expenses and/or losses of any kind arising from the breach of this obligation or the disclosure of the password, as well as the misuse that, as a result of the infringement of his duty of safekeeping, could be made by a third party.
However, Zapiplay Spain S L U may unilaterally, and without prior notice, modify, suspend or revoke the password provided, provided that Zapiplay Spain S L U has found negligent use of the area by the registered user.
All communications and notifications shall be considered effective for all purposes when they are sent by e-mail to the e-mail address provided by the user on the registration form. The user undertakes to keep Zapiplay Spain S L U informed of any changes that may occur in the user's personal data and e-mail address that Zapiplay Spain S L U holds in order to inform the user of any events that it deems appropriate. The user expressly acknowledges that this information has been provided by him/her and is true.
Zapiplay Spain S L U reserves the right to make any modifications it deems appropriate to the portal without prior notice, and may change, delete or add both the content and services it provides and the way in which they are presented or located.
This Legal Notice is governed in each and every one of its aspects by Spanish law, with the parties expressly waiving any other jurisdiction that may correspond to them, and submitting themselves to the Courts and Tribunals of the city of Tarragona, Spain.
Only persons over 14 years of age may provide personal data on our websites. As required by the LOPD and GDD, in the case of children under 14 years of age, the consent of their parents or guardians is a mandatory condition for us to process their personal data.
On the other hand, our services may only be contracted by persons over 18 years of age. In the case of minors under 18 years of age, the consent of their parents or legal guardians is a mandatory condition for us to be able to provide the services offered, unless the minor is emancipated.
"Zapiplay collects personal data about you when you access our websites, register or contact us, send us feedback, purchase products or services through our websites, post material on our websites or complete customer surveys through our websites.
We collect this personal information from you directly, when you register with us, communicate with us or purchase products or services through our website or indirectly, such as your browsing activity on our website (see "Cookies" below).
The personal information we collect about you depends on the particular activities carried out through our website. This information includes:
We use this personal information to:
No specially protected data is collected on our websites.
When we use your personal information, we are required to have a lawful basis for doing so. There are a number of different legal bases on which we may rely, depending on what personal information we process and why.
The legitimate basis will be indicated in each of the forms in which data is collected.
The legal bases on which we can rely include:
Please note that when we ask you to provide your personal data in order to give you access to any functionality or service of the Platform, we will mark some fields as mandatory, as these are data that we need in order to provide you with the service or give you access to the functionality in question. Please note that if you choose not to provide this information, you may not be able to complete your registration as a user or you may not be able to enjoy those services or functionalities.
For more details about when we collect personal information, what we collect and how we use it, please read the following sections:
|When information is collected||What information we request||How and why we use your information|
|When you register with us, or when you update your profile details with us.||Contact details: your name, company name, e-mail address, telephone number and address.|
We request this:
- to create and manage your account with us
- to communicate with you about your account We rely on consent and legitimate interest as the legal basis for collecting and using your personal information. Our legitimate interests are the development and marketing of our products and services. We will retain this information until you request complete deletion of your account. We cannot provide our services if this information is not provided.
|When you browse our website or when you visit our website from a search engine or paid advertisement||Your referrer, browsing history, locations, search query.||We collect this information to provide, improve and update the services we provide. The data is used to improve and optimise the services; diagnose problems and identify any security risks, errors or required improvements; detect and prevent fraud and abuse of our services and systems; compile aggregate statistics on the use of the services; understand and analyse your use of the services. We rely on legitimate interest to process personal data as necessary to maintain a high quality service to you and to protect against fraud and misuse. We may share this information with fraud prevention agencies to review orders for security. We will retain this information until you request a full deletion of your account.|
|When you place an order||Your IP address and order details.||As an online business, we are vulnerable to online fraud. We use this information to process your order data through various fraud checks that produce a score. This score allows us to analyse your order and assess the likelihood of fraudulent activity. We rely on legitimate interests to process this data to protect against fraudulent activity. We will retain this information until you request a full deletion of your account.|
|When registering or transferring a domain, or updating the domain's contact information||Name and contact information||Domain registries require verified contact information to prove ownership of a domain name. This data is aggregated into whois data. Whois privacy is provided at no additional charge where available. Whois data is provided to the domain registry. We rely on legitimate interests and the performance of a contract to process this data. We will retain this information until you request complete deletion of your account.|
|When creating a support request via ticket, live chat or email||We keep a record of all communication history, including timestamps and location.||We collect this data to: - provide you with high quality customer service and track trouble tickets; - identify problems with the service; - provide quality assurance in addition to trouble tickets. We rely on legitimate interest to process this data. We will retain this information until you request a full deletion of your account.|
|When requesting a migration from a legacy provider||Old host login credentials||We process this data to migrate data from your old provider to us. We rely on the performance of a contract to process this data. We will retain this information until you request a complete deletion of your account.|
|If you leave a comment on the blog||Name, contact information and your IP address|
will use your data to moderate and publish your comment on the blog with your name. Under no circumstances will your email address or web address be published.
The legal basis is Zapiplay's legitimate interest in fulfilling your request to post a comment.
|Affiliate, partner or collaborator programme registration||Contact details: your name, company name, e-mail address, telephone number and address.||To process your data in order to manage your membership, on the legal basis of the execution of a contract or pre-contract to which you, as a data subject, are a party.|
|To manage social media and online advertising||Login credentials and contact details||We process this data in order to perform the contracted services correctly. We rely on the performance of a contract to process this data. We will retain this information until you request the complete deletion of your account.|
"Zapiplay will never sell your personal information or data to a third party.
"Zapiplay" processes your data on servers located in the European Union, so that the user's data will be processed in accordance with the level of protection required by European regulations.
If, in any case, the data is collected or processed in systems hosted outside the European Union, "Zapiplay" will ensure that this processing is carried out in countries that accredit a level of security comparable to that of European regulations. In this sense, the decisions of adequacy of the European Data Protection Committee will be considered, or, failing that, certificates, corporate standards, contractual clauses or any other recognised mechanism that accredits an adequate level of protection.
In processing your personal data, we will apply the following principles that comply with the requirements of the new European data protection regulation:
The User may exercise the following rights recognised in the GDPR against the data controller:
Therefore, the User may exercise his/her rights by means of a written communication addressed to the data controller with the reference "RGPD-Zapiplay" specifying:
This application and any accompanying documents may be sent to the following address and/or e-mail address:
Users may also file a complaint with the Spanish Data Protection Agency to request the protection of their rights.
The personal data provided will be kept for as long as there is a mutual interest in maintaining the purpose of the processing and for the period of time for which liability may arise for services rendered to the data subject: 6 years for accounting books, invoices, etc., according to Art. 30 of the Commercial Code, 5 years for personal actions without special time limit (Art. 1.964 Civil Code); 4 years: Art. 66 et seq. of the General Tax Law (taxes, etc.).
If you have provided us with your curriculum vitae, such data will be kept until the end of the relevant recruitment process or for a maximum period of two years.
With regard to the recording of telephone calls, we will retain your personal data and the recording until you revoke your consent for the stated purpose, but for a maximum period of 365 days, unless it is necessary to retain it for a longer period in order to comply with legal obligations.
When no longer required for such purposes, the data shall be deleted with appropriate security measures to ensure the pseudonymisation of the data or the complete destruction of the data.
As part of our commitment to guarantee the security and confidentiality of your personal data, we inform you that we have adopted the necessary technical and organisational measures to guarantee the security of your personal data and prevent its alteration, loss, unauthorised processing or access, taking into account the state of the technology, the nature of the data stored and the risks to which they are exposed, in accordance with Art. 32 of the RGPD EU 679/2016.
"Zapiplay" cannot guarantee the absolute impregnability of the Internet network and therefore the violation of data through fraudulent access by third parties.
Personal data will be treated as confidential by the Data Controller, who undertakes to inform and to ensure by means of a legal or contractual obligation that such confidentiality is respected by its employees, partners, and any other person to whom it makes the information accessible.
The user shall be informed without delay and within 48 hours of any security incident that may occur.
For more information about cookies and single-pixel gifs, our use of these devices, when we will ask for your consent before placing them and how to disable them, please see our Cookies policy.
We use the information we have to improve our advertising and measurement systems in order to show you relevant advertisements for our services.
We use AdWords, Google's advertising platform that allows us to show you relevant ads for our services.
Facebook Ads (Facebook, Inc.)
Facebook Ads allows you to segment the audience to target an ad.
Facebook's Custom Audiences feature allows you to create an audience from Facebook user and subscriber data, such as email addresses and phone numbers. To do this, databases need to be shared with Facebook and then custom audiences can be created by targeting ads to people with similar profiles.
The targeting of ads in accordance with Facebook's Policies does not use sensitive personal information and is not shared with third parties or other advertisers, and will be deleted upon completion of the targeting process. Facebook will ensure confidentiality.
The ad system designed by Facebook allows relevant and useful ads to be displayed without revealing their identity to advertisers and can reach groups of people with specific profiles.
At any time as users, you can revoke your consent https://www.facebook.com/settings?tab=ads where you can opt out of receiving ads. You can also indicate that you do not want interest-based ads from Facebook or other companies through the European Interactive Digital Advertising Alliance (EDAA) of Your On Line Choices http://www.youronlinechoices.com/es/ or in the settings on your computer or mobile device.
To use the custom audiences function, this website uses Facebook's Website Custom Audience tool, which makes use of the Facebook pixel that marks the visitor to this website in an anonymised form. If you wish to object to the use of Facebook's Website Custom Audiences, you have the possibility to do so at: https://www.facebook.com/ads/website_custom_audiences/.
For more information on the scope and purpose of data collection by Facebook and its further processing, as well as to configure your privacy settings, please go to the following links: https://www.facebook.com/privacy/explanation.
Facebook Conversion Tracking Pixel
The conversion tracking pixel of Facebook Inc., 1601 s. California Ave, Palo Alto, CA 94304, which tracks users' actions after clicking on an ad, is used for the optimisation of advertising campaigns and for statistical purposes. California Ave, Palo Alto, CA 94304, which tracks users' actions after clicking on an ad.
We would like to send you information about our products and services and special offers that may be of interest to you. Where we have your consent or it is in our legitimate interests to do so, we may do so by post, email, telephone, text message (SMS) or automated call.
We will only ask you if you would like us to send you marketing messages when you tick the relevant boxes when you first register with us.
If you have previously agreed to be contacted in this way, you can unsubscribe at any time by adjusting your settings at customers.zapiplay.com. It can take up to 7 days for this change to take place.
For more information about your rights in relation to marketing, see 'User rights and how to exercise them'.
The User declares that all the data provided by him/her are true and correct and undertakes to keep them up to date. The User shall be responsible for the veracity of his/her data and shall be solely liable for any disputes or litigation that may arise as a result of the falsity of such data. It is important that, in order for us to keep the personal data up to date, the User informs "Zapiplay" whenever there has been any change in the data.
Our commitment to confidentiality and good use of data is guaranteed and regulated in the conditions when contracting the service with "Zapiplay". However, if the CUSTOMER wishes to sign a data processing contract separate from the main contract, the CUSTOMER must request by e-mail email@example.com the "Zapiplay" model Data Processing Agreement for Marketing and Design services. Once received, the CLIENT will have to sign it and send it to the following email address firstname.lastname@example.org Zapiplay" will then return to the CLIENT a copy signed by a legal representative of "Zapiplay".
Date of last review: 1/01/2021
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.
2.1 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.
5.3 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).
6.1 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.
9.2 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
11.1.1 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 email@example.com . In case you need paper invoicing, you can send us your request at firstname.lastname@example.org 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: email@example.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.
11.4.1 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 firstname.lastname@example.org or by post to C/ Arquebisbe Josep Pont i Gol, 3 - ESC 1 LOC, Tarragona, 43005, Tarragona, stating the following information:
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:
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:
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. email@example.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 firstname.lastname@example.org.
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/.
23.1 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.
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 email@example.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
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