Specific conditions for servers - Area Project Solutions

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Specific conditions for servers


1. CLASSIFICATION OF CONDITIONS

The characteristics of the AREA PROJECT SOLUTIONS, SL Servers (hereinafter AREAPROJECT) are regulated by the following Conditions:

  • For all types of server, these Conditions and Specific Terms of AREAPROJECT Servers will apply (hereinafter "Specific Conditions and Terms of Servers").
  • For each specific type of server, these Special Conditions and Terms of each server will apply (hereinafter “Special Conditions and Terms of the Special Server,… of the Managed Dedicated Server,… of the Dedicated Server,… of the AREAPROJECT Cloud,… of the Virtual Server ( VPS), ... and the managed Cloud ”).
  • Both Conditions are complemented by AREAPROJECT's General Conditions and Terms (hereinafter, the "General Terms and Conditions"). The CLIENT accepts that the "General Conditions and Terms" will be applicable to everything that is not included in these Particular Conditions.

 

2. CONDITIONS AND SPECIFIC TERMS OF THE SERVERS

Here are the conditions and terms that apply to all AREAPROJECT server fees

2.1. Obligations of the client

The CLIENT will be responsible for the use made of the server as well as the use made by other people authorized by him.

The CLIENT declares and guarantees that he has the knowledge and experience necessary to configure, maintain and monitor the server.

The CLIENT will keep on his own a backup copy of the hosted data, in case he had to replace them.

2.1.1. Obligations on data protection

During the provision of the service, the CLIENT is empowered to make personal data available to AREAPROJECT. In this case, THE CLIENT will be responsible for the personal data files made available to AREAPROJECT. In accordance with current legislation, it will be necessary to formalize a contract between AREAPROJECT and the CLIENT which regulates, among other things, the obligations of AREAPROJECT as the person in charge of the processing of personal data. The CLIENT undertakes to inform AREAPROJECT of said data being made available to her and to request AREAPROJECT to formalize the corresponding contract.

2.1.2. Information obligations

If the CLIENT becomes aware that a third party is using the server, platform or web space without his authorization, he must inform AREAPROJECT as quickly as possible. In addition to the obligation to inform, all the obligations contained in clauses 2.6, 2.7, 2.8 and 2.9 of the General Conditions and Terms will be especially applicable here, for which the CLIENT is fully responsible for the content hosted on its server.

2.1.3. Obligations on intellectual and industrial property

Likewise, in accordance with clause 2.7 of the General Conditions and Terms, in relation to any content that the CLIENT may host on the servers provided by AREAPROJECT during the entire duration of the contract, the CLIENT assumes that he is the owner of all the necessary rights (in particular intellectual property rights, patents and trademarks) and that it does not infringe any rights of third parties. In the event of any claim from third parties, as a result of a breach or infringement by the CLIENT, AREAPROJECT may request compensation from the CLIENT for the damages caused, including the costs of any legal action necessary for the defense of the legitimate interests of AREAPROJECT.

2.1.4. Duty of collaboration

The CLIENT must follow AREAPROJECT's technical instructions during any modification of server resources. AREAPROJECT does not accept any type of responsibility for the consequences that said omission may cause.

2.1.5. Licenses

Regarding the licenses of "Parallels® Plesk Panel" and "VMware" "Windows", "Linux", etc. software programs. that AREAPROJECT can use to provide the Servers service, the CLIENT recognizes that the brands and the rest of the intellectual and industrial property rights associated with them correspond to their respective owners. The client must observe the terms of said third-party licenses and will be responsible for their use.

The CLIENT must accept and comply with the terms established in the licenses of each of the third-party applications that it installs on its servers and those that are provided by AREAPROJECT. Third-party applications are delivered as they are ("as is"), AREAPROJECT does not offer a guarantee of any kind on them. The CLIENT assumes full responsibility for the third-party applications that it installs on its server, as well as for any effect that said applications may have on any other applications, software, hardware or devices.

2.2. AREAPROJECT's obligations

Likewise, all the AREAPROJECT obligations established in the General Conditions and Terms of AREAPROJECT and in the AREAPROJECT Privacy Policy will also apply.

2.3. REAPROJECT rights

2.3.1. Migration rights

AREAPROJECT has the right to migrate its server, the server software or sections thereof, in the event that it is essential for the security of the service or due to essential technological changes.

AREAPROJECT reserves the right to offer the version of the applications that it considers most appropriate, as well as to modify the availability of the applications at any time based on new versions or detected vulnerabilities. Said modifications may be communicated via email or through the control panel.

AREAPROJECT is not obliged to make backup copies.

2.3.2. Right of interruption and / or cancellation

In case of infringement by the CLIENT of any of the obligations indicated in these Particular Conditions for Servers or in the General Conditions and Terms, AREAPROJECT will have the right to interrupt and definitively cancel the contract with the CLIENT without the latter having the right to any claim . As stated in the General Conditions and Terms, AREAPROJECT will have the right to interrupt the supply of the service when it is essential for the security of the service. Said interruption will be communicated, as far as possible, sufficiently in advance to the CLIENT, via email. Likewise, AREAPROJECT reserves the right to definitively cancel the Server service in the event that the CLIENT seriously infringes its obligations and / or in the event that,

 

3. SPECIAL CONDITIONS AND TERMS OF THE SPECIAL SERVER

3.1. Object of the contract

The special server is a physical server, with a fixed configuration that the client cannot modify.

This server comprises the CPU, RAM and hard disk space that AREAPROJECT makes available to you during the duration of the contract. The special server is a server with administration rights. Therefore, extensive prior knowledge of server systems administration will be necessary.

3.2. Obligations of the CLIENT

As the server administrator, you will be solely responsible for the security of the server against attacks and manipulations without authorization from third parties on the Internet.

You have full responsibility for updating the operating system software and applications installed on the server. Thus, the CUSTOMER accepts his responsibility to be informed about the updates and new versions available, in addition to carrying out all the corresponding updates.

Since AREAPROJECT's server offerings do not include external protection software security, the CUSTOMER will be responsible for installing reliable protection software (e.g., a firewall or antivirus program), in addition to updating them accordingly to avoid the misuse without sufficient protection and networks "open" to possible manipulation by a third party.

The CUSTOMER agrees to configure its programs so that they start again automatically with each new startup of the hardware or operating system.

3.3. AREAPROJECT's obligations

AREAPROJECT undertakes to provide the basic configuration of the server and to allow the connection of the server to the network.

3.4. AREAPROJECT Rights

Due to the nature of the service AREAPROJECT cannot guarantee at all times the establishment of the content of the server. The CLIENT is aware that AREAPROJECT does not have administrative access to the server.

 

4. SPECIAL CONDITIONS AND TERMS OF THE MANAGED DEDICATED SERVER

4.1. Object of the contract

The Managed Dedicated Server is a physical server. This server comprises the CPU, RAM and hard disk space that AREAPROJECT makes available to you for the duration of the contract. The limit of files it can hold is one million.

The managed dedicated server is a server without administration rights. It will be made available with pre-installed operating system and pre-installed stack.

4.2. AREAPROJECT's obligations

AREAPROJECT is committed to providing the server with a pre-installed stack and operating system, as well as allowing the server to connect to the network.

4.3. AREAPROJECT Rights

AREAPROJECT has access as administrator of your server. The management and administration are automatic, not being possible to do it separately.

 

5. SPECIAL CONDITIONS AND TERMS OF THE DEDICATED SERVER

5.1. Object of the contract

The dedicated server is a server with administrative rights and requires extensive prior knowledge of server systems administration. Likewise, this server includes the CPU, RAM and hard disk space that AREAPROJECT makes available to it during the term of the contract with a fixed configuration that the client cannot modify.

5.2 Billing

AREAPROJECT will bill for the resources contracted by the client (CPU, RAM memory, software licenses, IP address, domain names, SSL Certificates, Hard Disk space, etc.). The fees for the services will be billed according to the AREAPROJECT rate contracted.

The CLIENT must pay the amounts for the use of the resources they have acquired. Billing and payment must be made monthly.

5.3 Obligations of AREAPROJECT

AREAPROJECT undertakes to provide the basic configuration of the server and to allow the connection of the server to the network.

5.4 AREAPROJECT rights

Due to the nature of the service AREAPROJECT cannot guarantee at all times the establishment of the content of the server. The CLIENT is aware that AREAPROJECT does not have administrative access to the server.

 

6. SPECIAL CLOUD TERMS AND CONDITIONS

6.1. Object of the contract

The Cloud AREAPROJECT is a virtual server. This server includes virtual CPU, RAM and hard disk space that AREAPROJECT makes available to you for the duration of the contract.

The Cloud AREAPROJECT is a server with administration rights. This requires extensive prior knowledge of server systems administration.

Each cloud platform is an automatic system with administration and configuration that is used independently of its other cloud platforms. Data or resources do not support sharing between different cloud platforms.

6.2. Obligations of the CLIENT

As server administrator, the client will be responsible for the security of the server against attacks and manipulations without authorization from third parties on the Internet.

The customer will have full responsibility for updating the operating system and application software installed on the server. For this reason, you must inform yourself about the updates and new versions available, in addition to carrying out the corresponding updates at your own risk.

Since AREAPROJECT's server offerings do not include external protection software security, you are responsible for installing reliable protection software (e.g., a firewall and antivirus program), and for updating them accordingly to prevent misuse without sufficient protection or networks "open" to hacking.

You agree to configure your programs so that they restart automatically with each new startup of the hardware or operating system.

6.3. AREAPROJECT's obligations              

If technically possible, AREAPROJECT will have an operating system chosen by the client on the cloud server.

6.4. Rights of access

Access to the AREAPROJECT Cloud is restricted to the CLIENT and the persons authorized by the CLIENT. AREAPROJECT cannot guarantee at all times the establishment of the content of the virtual server, because AREAPROJECT does not have administrative access to its virtual server.

In compliance with the provisions of current regulations on data protection, AREAPROJECT informs the client that the technical suppliers of some products can, in exceptional cases and if necessary to resolve a technical incident, remotely access the physical server where the AREAPROJECT Cloud is hosted and, with it, its content. In this case, the suppliers will only be able to carry out the necessary actions to solve the incident. Such providers will not use the works or data to which they have access for any other purpose. Specifically,

6.5. Right of termination of the contract in case of non-use after 6 months

AREAPROJECT reserves the right to cancel the cloud platform if it does not consume resources for a period of more than six months.

6.6. Temporary service configuration

Cloud AREAPROJECT is part of a complex hardware platform by which all the servers that jointly use that infrastructure are managed. For this reason, by virtue of clause 2.3.2. of these conditions, AREAPROJECT reserves the right to contact the CLIENT and interrupt the provision of the service in the event that:

  • excessive consumption of resources is observed 
  • another anomaly that comes from the CUSTOMER that entails a decrease in the performance of the platform where such resource is located
  • harm the provision of the service or the rights of third parties that share the infrastructure.

 

In such cases, AREAPROJECT will notify the CLIENT so that he can solve the problem in question. In the event that the CLIENT does not solve the incident, and the final cancellation of the server is essential, AREAPROJECT will notify the CLIENT of said cancellation 15 days in advance.

6.7. Resource usage billing

In the case of servers with flexible configuration, since it is a server with resource usage billing, AREAPROJECT will only bill the resources used by the client. Therefore, in these servers with flexible configuration, while the server is turned off, the CUSTOMER will not be invoiced any amount corresponding to its vCPU, RAM memory, software licenses with pay-per-use included in their templates, or those corresponding to your main IP address or to the Advanced Monitoring system.

However, there are some resources that are billed regardless of whether the CLIENT has been using them, since they always have a fixed consumption, such as, for example, by way of enumeration but not exhaustive: domain names, SSL Certificates or the space corresponding to the Hard Drive in the servers created by the CLIENT.

In the case of pre-configured servers, the resources will be billed regardless of whether the server is on or off.

The fees for the services will be billed according to the AREAPROJECT rate contracted.

The CLIENT must pay the amounts for the use of the resources of the cloud platform that they have acquired. Payment must be made monthly.

6.8. Expansion / reduction of resources

All resources, as well as each extension or reduction thereof, will be applied immediately on the technical level. However, the expenses corresponding to said resources, extensions and / or reductions will be applied in the next invoice.

6.9. Quotas for network transmissions

Network transmissions do not incur payment of fees if the cloud platform is used according to the contract. AREAPROJECT may, at its discretion, reduce its available bandwidth in the event of overload or misuse.

6.10. Fees for updates

AREAPROJECT reserves the right to set upgrade fees in the event that there are no other software products / licenses and / or free applications available (for example, in the event of suspension of technical support by another provider or if a version expires).

 

7. SPECIAL CONDITIONS AND TERMS OF THE VIRTUAL SERVER (VPS)

7.1 Object of the contract

The VPS is a virtual server. This server comprises a virtual CPU, RAM and hard disk space that AREAPROJECT makes available to you for the duration of the contract.

The VPS is a server with administration rights. This requires extensive prior knowledge of server systems administration.

The service allows to register a single virtual server whose resources will depend on the server model chosen by the CLIENT, from among those offered by AREAPROJECT.

Each VPS is an automatic system with administration and configuration that is used independently of its other cloud platforms.

Unlike the Cloud AREAPROJECT, the VPS is characterized by being another global billing model and presenting other types of features: the installation of several VMs is limited, servers cannot be added or removed, there is no API access, there is no memory of shared use, there is no load balancer, no VPN, and new users cannot be created, nor can data or resources be shared through different cloud platforms.

7.2. Obligations of the CLIENT

As server administrator, you will be responsible for the security of the server against attacks and unauthorized manipulations of third parties over the Internet.

You have full responsibility for updating the operating system software and applications installed on the server. For this reason, you should inform yourself about the updates and new versions available, in addition to carrying out the corresponding updates at your own risk.

Since AREAPROJECT's server offerings do not include external protection software security, the CUSTOMER will be responsible for installing reliable protection software (eg, a firewall and antivirus program), as well as updating them accordingly to prevent misuse. not sufficiently protected or networks "open" to hacking.

You agree to configure your programs so that they restart automatically with each new startup of the hardware or operating system.

7.3. AREAPROJECT's obligations

If technically possible, AREAPROJECT will have an operating system chosen by the client on the virtual server.

7.4. AREAPROJECT Rights

7.4.1. Rights of access

Access to the VPS is restricted to the CLIENT and the persons authorized by the CLIENT. AREAPROJECT cannot guarantee in any case the establishment of the content of your virtual server, because AREAPROJECT does not have administrative access to your virtual server.

In compliance with the provisions of current regulations on data protection, AREAPROJECT informs the client that the technical suppliers of some products may, in exceptional cases and if necessary to resolve a technical incident, remotely access the physical server where the VPS is hosted and, with it, its content. In this case, the suppliers will only be able to carry out the necessary actions to solve the incident. Such providers will not use the works or data to which they have access for any other purpose. Specifically, said data will be provided to the manufacturer and the authorized distributor of the "VMWare" software for the sole purpose of allowing the verification of said software and the fulfillment of the object of these conditions and terms in relation to the product.

7.4.2. Right of withdrawal in case of non-use after 6 months

AREAPROJECT reserves the right to cancel the virtual Server in case it does not consume resources for a period of more than six months.

7.5. Share

The quota according to the virtual Server contract will be made up of a fixed monthly fee that will depend on the server model you have chosen and will correspond to the number of CPUs, RAM memory size and disk quota. This concept will be paid in advance monthly.

 

8. SPECIAL CONDITIONS AND TERMS OF MANAGED CLOUD

8.1. Managed Cloud is a virtual server. This server includes virtual CPU, RAM and hard disk space, which AREAPROJECT makes available to you during the duration of the contract.

Managed Cloud is a server without administration rights. Therefore, it does not require prior knowledge of server systems administration. The customer can choose between a custom stack or a pre-installed one. A pre-installed stack consists of a web server, a script, and a database. A pre-installed stack contains ready-to-use software, such as WordPress.

Each Cloud platform forms an autonomous system with its own administration and configuration, independent of its other cloud platforms. Data or resources do not support sharing between different cloud platforms.

8.2 AREAPROJECT obligations if a custom stack is chosen

AREAPROJECT will provide the client with the requested stack, as well as the corresponding operating system and the necessary updates.

If the selected stack contains a database, AREAPROJECT will install and update the database engine.

8.3 Client rights if choosing a custom stack

The customer will be able to upload files and install applications, as well as being able to modify the source code and databases.

The client may manage the database and allow external access to authorized third parties.

8.4 AREAPROJECT obligations if a pre-installed stack is chosen

AREAPROJECT will provide the client with the platform requested for its application and will update it if necessary. The platform includes the operating system and requested services. AREAPROJECT will always install the latest version of the application that the client has requested.

8.5 Customer rights and obligations if a pre-installed stack is chosen

The customer must keep their applications updated. AREAPROJECT will only provide the latest version of the application that appears in its portfolio. 

The customer can adjust their own source code and customize the database associated with the application. The customer can configure the application as desired.

8.6 Additional obligations of AREAPROJECT

AREAPROJECT will always provide an updated version of the firewall.

8.7 AREAPROJECT rights

8.7.1 Access rights

Access to the platform is restricted to the client and to the persons authorized by the client. AREAPROJECT has administrative access to perform maintenance and fulfill the contract.

In compliance with the provisions of current regulations on data protection, AREAPROJECT informs the client that the technical suppliers of some products may, in exceptional cases and if necessary to resolve a technical incident, remotely access the physical server where the platform is hosted and, with it, its content. Such providers will not use the works or data to which they have access for any other purpose. Specifically, said data will be provided to the manufacturer and the authorized distributor of the "VMWare" software for the sole purpose of allowing the verification of said software and the fulfillment of the object of these conditions and terms in relation to the product.

8.7.2 Temporary interruption of service

The product is part of a complex hardware platform that manages all the servers that use that infrastructure together. For this reason, AREAPROJECT reserves the right to contact the CLIENT and interrupt the provision of the service in the event that:

  • excessive consumption of resources is observed 
  • another anomaly that comes from the CUSTOMER that entails a decrease in the performance of the platform where such resource is located
  • harm the provision of the service or the rights of third parties that share the infrastructure.

 

In such cases, AREAPROJECT will notify the CLIENT so that he can solve the problem in question. In the event that the CLIENT does not solve the incident, and the final cancellation of the server is essential, AREAPROJECT reserves the right to proceed with said cancellation after notifying the CLIENT 15 days in advance of the cancellation.

8.8 Platform availability

A maintenance window of three hours during the night is foreseen to carry out maintenance work. In certain circumstances the platform may not be available during this period.

 


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