ON ONE SIDE
Freelancer Jesus Guzman (from now on representing forex-giants), with an office at Cyprus, Limassol, Kivelis.
FROM ELSEWHERE – The Visitor / Client
The contractor, the natural or legal person (from now on CLIENT) who requests and uses the services provided by forex-giants. When completes the Forex-giants contracting form which is located at contact-us, or has sent the required data by phone, fax or email to FOREX-GIANTS, by this terms and conditions establishes a commercial freelance activity. The contractor knows, understands and accepts freely, after being informed of the characteristics of each service of this contract that will remain published on the website so that the CLIENT can consult it at all times.
Both parties mutually recognize each other, as they intervene, full legal capacity to contract, ensuring that the power of representation with which they operate has not been revoked or limited and that it is enough to compel their constituencies to enter into this Agreement, and:
FIRST: That FOREX-GIANTS is a website dedicated to providing Internet digital marketing services mentioned on the website with URL: (https://www.forex-giants.com), over which it holds full ownership. Among other services assistance provided by FOREX-GIANTS, the registration and parking of domains, the design and hosting of Web pages, consulting and various services in the area of marketing, computing and telecommunications, among other activities of its corporate purpose, include the most outstanding:
- a) Design and development of websites
- b) Development of computer programs and applications.
- c) Web Hosting setting and Email Service setting.
- d) Marketing Consulting Services and Online Marketing as well as offline.
SECOND: That THE CLIENT requires and is interested in contracting certain services provided by FOREX-GIANTS in the conditions and manner detailed in this contract and its annexes, also according to the express case of other additional benefits.
THIRD: To this end, the parties sign the following CONTRACT for the professional services that FOREX-GIANTS provides by itself or through third parties subcontracted to THE CLIENT following the services that have been performed or invoiced, subject to the following:
- Webpage: Document located on a computer network, accessed through hypertext links.
- Website: Collection of web pages.
- Hypertext: Text that contains elements from which other webpage information can be accessed.
- Web Hosting: The space inside a server hosting contracted by a CLIENT, where the data and information for a website of THE CLIENT are stored or housed.
- Template: Set of predesigned formats with text and graphic elements on which the designs of the web pages are based.
- E-mail: Personal computer communication system through computer networks.
- Mega (megabyte): Unit of measurement equivalent to one million bytes.
- Pixel: It is the smallest element of a digital image.
- Domain: Part of an internet address. The hierarchical structuring of the network includes domains and subdomains.
- Webmail: Internet application that allows you to manage emails through a web browser.
- Web browser: A computer program to search and display information from web pages. The most popular ones are Microsoft Internet Explorer, Netscape Navigator, Mozilla, etc.
- POP: Post Office Protocol. How email programs locate messages on servers and transfer them to users’ computers.
- SPAM: Unsolicited email messages, sent to a large number of people to promote products or services.
- Password: Combination of characters that users enter as an identification code to restrict access to the system.
- User and password: access control system to the content of the WEB accommodation or email content contracted with FOREX-GIANTS, which serves the systems to identify, authenticate and verify the person of the CLIENT.
- Internet: Huge collection of networks interconnected through protocols for the exchange of information.
- Flash: Vector graphic animation, developed with Macromedia® software, which can be viewed through a browser after installing software.
- Personal data: Any information concerning individuals, as provided in Article 3.a) of the Organic Law on Protection of Personal Data (hereinafter LOPD).
- Data processing: operations and technical procedures of an automated nature or not, that allow the collection, recording, conservation, elaboration, modification, blocking and cancellation, as well as the data transfers resulting from communications, inquiries, interconnections and transfers.
- Responsible for the treatment: natural or legal person, who decides on the purpose, content and use of the treatment. In this case, THE CLIENT is solely responsible for the files that store personal data in the webspace used by THE CLIENT for the use of the service contracted to FOREX-GIANTS.
- IP Address: Numerical identifier made up of 4 numbers with values from 0 to 255, separated by dots, that make up an identifying address of the IP protocol, standard on the Internet.
- FOREX-GIANTS team: Any telecommunications equipment or computer system whose ownership corresponds to FOREX-GIANTS.
- Web page design: an activity that consists of the planning, design and implementation of websites and web pages.
- Computer Programs: The software or software of a computer system is known as software; It comprises the set of necessary logical components that make it possible to carry out specific tasks, as opposed to the physical components, which are called hardware.
- Resources and applications: Technical characteristics and computer programming provided and supported by the FOREX-GIANTS Teams for the development and access to the service provided.
- Server: That physical unit destined to the storage of digitized information that for the purposes of this contract will be understood as that which is destined to host Web sites.
- Bandwidth: Maximum number of users who are simultaneously allowed access to a service.
- Transfer Speed: Unit of measurement indicated in Kbs / s that shows the speed at which the data travels over the network. It is divided into the speed of upload or download of information.
- Storage Capacity: Indicates the available space that the client has on the server. It is measured in Mbs (Megabytes).
- SEO: Search Engine Optimization, Web Positioning, or Search Engine Optimization (SEO), which translates, ‘Search Engine Optimization’) is the process of improving the visibility of a website in the different search engines, such as Google, Bing or Yahoo in an organic way, that is, without paying money to the search engine to have access to a prominent position in the results.
- SEM: Search Engine Marketing (SEM) is a form of internet marketing that seeks to promote websites by increasing their visibility in search engine results page (SERPS) ) through PPC search engine placement or contextual advertising. As long as there is a pay in between or the practice of paying for ads in search engine search results. ‘
- SMO: o Social Media Optimization, translated from English as “Optimization of social media”, is a marketing term that refers to the strategy and set of actions carried out in social networks and online communities for an advertising or commercial purpose.
- ORM: Object-Relational Mapping (better known by its English name, Object-Relational Mapping, or its acronym O / RM, ORM, and O / R mapping) is a programming technique to convert data between the type system used in an object-oriented programming language and the one used in a relational database, using a persistence engine.
- Social Networks: these are social web pages made up of groups of people, which are connected by one or several types of relationships, such as friendship, kinship, shared interests and who share their experiences, knowledge, among others.
The purpose of this Contract and its Annexes is to establish the terms and conditions of the services that FOREX-GIANTS provides to THE CLIENT and the services requested by it through the contracting form or the documents that show the provision of said services and in which the contracted services are recorded, which will, therefore, form an integral part of this contract, in this sense, THE CLIENT expressly acknowledges and accepts the fact that it cannot and cannot address any type of claim in against FOREX-GIANTS for the application of any of the provisions contained in this contract, and in particular, THE CLIENT may not allege ignorance or non-reading of the terms contained in the Contract, as well as the lack of express acceptance of each and every one of them.
THIRD.- CLIENT’S OBLIGATIONS
THE CLIENT agrees to:
- a) Comply with the stipulations contained in this contract and its annexes, and especially with regard to the payment of the stipulated price.
- b) You agree not to use the service contrary to good faith and, in particular, in a non-exhaustive way and that is contrary to Cypriot law or that infringes the rights of third parties.
- The collection and/or use of personal data of other users without their express consent or in contravention of the provisions of Organic Law 15/1999, of December 13, on the Protection of Personal Data.
- d) Keep the contact information provided to FOREX-GIANTS updated, especially the email address.
FOURTH.- FOREX-GIANTS OBLIGATIONS
By this contract, FOREX-GIANTS undertakes to:
- a) Comply with the functions listed in this contract.
- b) Adapt its information and data processing system to comply with the current regulations on the protection of personal data in the terms detailed in this contract.
FIFTH.- DURATION OF THE CONTRACT
Unless a different duration is specifically provided for in the sixth clause of this Contract, with respect to the services they regulate, this Contract and its Annexes will have a duration of one (1) year, tacitly renewable for annual periods, unless the contract is denounced and its annexes, or any of its extensions by any of the parties by written notification. This notification must be made at least thirty (30) days before the end of the period specified in the contract and its annexes or any of its extensions.
SIXTH.- OF THE SERVICES:
6.1 – DESIGN OF WEB PAGES.
- 6.1.1 In the event that THE CLIENT has contracted FULL SEO MANAGED SERVICE, FOREX-GIANTS undertakes to execute and deliver the PROJECT within the period agreed with THE CLIENT, computing the course of the said term from the date on the which the following requirements have been met:
- 6.1.2 That the CLIENT has satisfied FOREX-GIANTS with the initial entry of the amount of the price as acceptance of the budget, as established in clause Seventh and Eighth Section “b” of this contract.
- 6.1.3 That the CLIENT has delivered to FOREX-GIANTS, in digital format, all the documents, information and materials necessary for the execution of the PROJECT, guaranteeing that the material they provide to FOREX-GIANTS does not infringe the copyright or intellectual property rights or any other right of a third person, being responsible for any type of claim derived from an infringement of such rights from a third person, in addition to the provisions of clause THIRD THIRD of this contract.
- 6.1.4 Once the aforementioned amount has been satisfied and the delivery mentioned in the previous has been completed, FOREX-GIANTS will prepare a roadmap of the PROJECT (template), which will be presented to the CLIENT for approval; after the aforementioned approval, it will proceed to the full SEO managed team and any deviation or modification not agreed in the project THE CLIENT assumes that such deviation or modification will entail additional work and therefore an additional cost at the price established as stated in clause EIGHT Section 8.3.
- 6.1.5 After the total settlement of the established price, FOREX-GIANTS will deliver to the CLIENT the files that make up the result of the services entrusted within the term established in Section 1.2 on the FULL SEO MANAGED of this contract, except for cause force majeure or that, due to the late delivery by THE CLIENT of the information and/or documents necessary for the creation, design and/or programming of the website, there is a corresponding delay in the completion of the PROJECT.
- 6.1.6 FOREX-GIANTS will use all the technical and fundamental resources at its disposal, including its Know-how, to carry out the implementation of the SEO marketing strategy. Unless previously mentioned in point 1.7 on the FULL SEO MANAGED SERVICE of this contract, THE CLIENT will be the owner of all the design and programming of the website and may claim it from FOREX-GIANTS at any time, granting its use always and when your intellectual property is recognized.
- 6.1.7 In this PROJECT, you will use the exclusive know-how of FOREX-GIANTS, consisting of the relevant applications that cannot be sold to the client in the event of migration, as there is a shared third-party license.
- 6.1.8 The CUSTOMER acknowledges and understands that FOREX-GIANTS at no time current or subsequent to this contract may be forced to deliver, facilitate, license the use, or any other similar situation, of the Know-How detailed in the previous point, elements derived from strategy and the implementation process, as well as computer systems, instructions and applications, to a third party or to THE CLIENT.
- 6.1.9 In the event that the exercise of the exploitation rights assigned according to Section 2 on the FULL SEO MANAGED SERVICE of this contract requires to deliver, facilitate or license the use of Know-How, elements derived from programming and proprietary source code FOREX-GIANTS or a third party, the parties will sign the corresponding Use License agreement according to the conditions established in clause ELEVENTH of this contract.
- 6.1.10 THE OPTIMIZE website of the full SEO managed service of this contract, FOREX-GIANTS grants to THE CLIENT, once the PROJECT has been implemented in the terms and conditions established in this document, the economic exploitation rights derived from the intellectual property on the result of the contracted creation and implementation work, especially the rights to disclose and/or publish, reproduce, distribute, publicly communicate and transform the contents of the website, in any medium, written, graphic, photographic, audiovisual, telematics, electronic, digital, multimedia or computer.
- 6.1.11 The intellectual property rights over the elements derived from programming and any source code, as well as the tools, instructions and computer applications owned by it integrated into the PROJECT, on which FOREX GIANTS are expressly excluded from said transfer DIGITAL MARKETING grants TO THE CLIENT the license of use established in the ELEVENTH clause of this contract, limited to the temporal and geographical scope determined in Section Five on the FULL SEO MANAGED SERVICE of this contract for the transfer of rights.
- 6.1.12 Notwithstanding the foregoing, the transfer of the exploitation rights, and any other that may derive from this contract in favour of THE CLIENT will not take effect until the moment it has satisfied FOREX-GIANTS with the full price established in clause THIRD Section “a” and EIGHT of this contract.
- 6.1.13 The transfer of the exploitation rights on the result of the PROJECT granted by means of this document is carried out exclusively and with an indefinite duration or the maximum scope authorized by the current legal provisions. The territorial scope of the assignment includes all the countries of the world.
- 6.1.14 The FIFTH clause on the DURATION OF THE CONTRACT is excluded within the agreement in Section 6.1 (FULL SEO MANAGED SERVICE) of the SIXTH clause. Therefore, the duration of the work ends with the delivery or start-up of the Web page.
6.2- MAINTENANCE and WEB PAGES OPTIMIZATION.
- 6.2.1 In the event that THE CLIENT has contracted MAINTENANCE and WEB PAGES OPTIMIZATION. Maintenance includes all the corrections and updates of new features that the website requires. The service includes any number of error corrections and minor modifications as long as they do not exceed 2 hours of work per month unless otherwise specified in writing by FOREX-GIANTS. Modifications of greater complexity may count as additional or extra work, with prior notice to the client.
- Minor correction means:
- to. Change of texts or images
- b. Minor visual modifications (does not include a total redesign of the visual style of the page)
- c. Changes in existing s.
- d. Adding news based on existing ones (does not include modifying the general navigation of the page).
- 6.2.2 Modifications and/or updates not made in one month will not accumulate for the following month.
- 6.2.3 Modifications and/or updates must be requested by THE CLIENT in writing to FOREX-GIANTS via email.
- 6.2.4 Once the changes have been made, they will be included on THE CLIENT’s website, (unless the CLIENT has expressly required to verify them beforehand with a previous copy), subsequently FOREX-GIANTS will notify the CLIENT by email. work carried out, being THE CLIENT’s responsibility to review the work, if within five (5) working days, if THE CLIENT does not express its conformity or disagreement with the work carried out, as of said term, the responsibility for the modifications fall exclusively on THE CUSTOMER without being entitled to a subsequent claim on them.
- 6.2.5 Any other changes other than those carried out in accordance with the terms of Section 6.2.1, will be charged according to the hourly rate worked governed by clause EIGHT Section 8.3 THE CLIENT may request a written estimate of the expenses that may entail the updates and the work will not start until FOREX-GIANTS has not received written confirmation from the client.
- 6.2.6 When the client requests that FOREX-GIANTS come to his workplace to collect the material he wishes to include on the website and/or explain and discuss the additions or modifications to the website, FOREX-GIANTS will charge the hours used, as specified in clause EIGHT Section 8.3.
- 6.2.7 The deadline for making the modifications will be seven (7) business days. In the event that any modification requires more time, the client will be notified within a maximum period of two (2) business days from the moment of receiving the notification.
- 6.2.8 THE CLIENT will provide FTP access to the main website object of this contract in order to make the required changes.
6.3 – HOSTING OF WEB PAGES
- 6.3.1 In the event that THE CLIENT has contracted HOSTING OF WEB PAGES, FOREX-GIANTS will make available to THE CLIENT the storage and transfer capacity required by the requested Hosting service, it will be indicated in the services that have been billed to you.
- 6.3.2 The client may request, within a period of 7 days, that an extension of the bandwidth, the transfer speed and the storage capacity be carried out, this modification will suppose a variation in the rate that will be invoiced additionally to the original price of recruitment.
- 6.3.3 The server that will be granted for the hosting service will be shared with other clients unless the client expressly states that it is only for him that will also have a higher cost than agreed.
- 6.3.4 FOREX-GIANTS will not guarantee that the availability of the service is continuous and uninterrupted during the period of the contract, due to the possibility of technical problems appearing in the network, telecommunications service providers, equipment failures and other possible unforeseeable contingencies such as repairs, maintenance, and software updates.
- 6.3.5 In any case, FOREX-GIANTS guarantees that it will try to solve these problems in the shortest possible time by applying for this the TWELFTH and FOURTEENTH clause.
- 6.3.6 THE CLIENT agrees not to publish cracks, serial numbers of programs or any other content that violates the intellectual property rights of third parties.
- 6.3.7 THE CLIENT agrees not to use the mail server and/or email addresses for spam purposes, (unsolicited bulk mailings, commercial or otherwise), phishing, dissemination of electronic viruses, or any other type of activity carried out with sabotage, fraudulent or criminal intent.
- 6.3.8 Under no circumstances THE CLIENT may have Web pages or files in the accommodation dedicated to downloading files, programs (pirated or original), mp3, avi, wav, or any format that, due to its size and its large number of Downloads cause the server to become overloaded. By regularization between datacenters and upstreams, ports 6667 to 6669 and other derivatives of IRC can be closed, as well as that a server can be closed if it had any IRC server and affected the network where it is hosted. In this case, the client will be notified and if these files are not deleted within a maximum period of 24 hours, the service will be terminated.
- 6.3.9 THE CLIENT agrees not to advertise the websites hosted in the service by sending mass unsolicited mail, even if the resources provided in the service are not used for this.
- 6.3.10 THE CLIENT agrees not to exceed the output flow of the virtual server and if it does, take the necessary actions if it considers that its increase is excessive. For this purpose, THE CLIENT will be able to access his control panel and consult the flow of each day and the accumulated in the month.
- 6.3.11 THE CLIENT agrees to keep on his own account a backup or backup of the files and different data contained in the Web Hosting service in order to replace them if necessary.
- 6.3.12 Have full responsibility for the use of the contracted service and the content stored in it.
- 6.3.13 FOREX-GIANTS will not be responsible for the client’s actions resulting in data loss or deletion and, therefore, FOREX-GIANTS will not guarantee the total recovery of all data since in the elapsed time Between the last copy and the deletion, the data may have varied.
- 6.3.14 FOREX-GIANTS is obliged to comply with everything agreed in relation to the security measures accepted in the sector and to have physical and logical security measures regarding access to the information hosted in them agreed in the EIGHTEENTH clause.
- 6.3.15 All information is transmitted between the parties constitute their own and confidential information. The parties assume the obligation to keep said information private and to keep the most absolute secret, adopting the appropriate measures to guarantee that only those authorized persons have access to it, agreed in the TWENTY-FIRST clause.
- 6.3.16 An authorized person shall be understood as any individual who requires access for the development of the activity object of this agreement. For these purposes, all the content hosted on the server contracted by the client, as well as the provisions of this contract and the agreements or pre-agreement prior to it, will be considered confidential information.
- 6.3.17 Regarding the protection of personal data provided by the client, the TWENTY-second clause of this contract will be governed
- 6.3.18 FOREX-GIANTS undertakes to securely erase all information once the contractual relationship between the parties has ended.
6.4 – ELECTRONIC MAIL SERVICE
- 6.4.1 In the event that THE CLIENT has contracted the provision of the email service as well as the use of said service and the corresponding consideration by THE CLIENT, both agree:
- 6.4.2 That the contracting and renewal of the ELECTRONIC MAIL service is governed as indicated in the FIFTH clause of this contract.
- 6.4.3 FOREX-GIANTS offers the CLIENT an email service that allows:
- to. Obtain an email account or mailbox with the domain of THE CLIENT with a capacity of four hundred (400) Mb;
- b. Send, receive and store messages by using a mail program (POP3 Access);
- c. Access your email account online (Webmail) from any computer connected to the Internet through the FOREX-GIANTS Portal (www.gmbbc.com.); as well as from any mobile phone whose service provider and technical characteristics allow operating in a WAP environment.
- d. Send and receive one or more attachments, even at one time.
- 6.4.4 Additionally, FOREX-GIANTS offers THE CLIENT the possibility of contracting the computer virus detection service, for this they must request it from FOREX-GIANTS at an additional cost which will serve to detect and eliminate attached computer viruses to SMTP email, clean viruses and send warning messages for viruses.
- 6.4.5 The use of the EMAIL Service requires the use by THE CLIENT of a username or “login” that FOREX-GIANTS will give him to identify himself with his email account, as well as a password. (hereinafter the ‘User Name’ and the ‘Password’ respectively, and together, the ‘Access Codes’).
- 6.4.6 The Access Codes are personal and non-transferable, being THE CLIENT’s sole responsibility to guard the secret of their Access Codes. In the event of loss of the Access Codes, THE CLIENT agrees to expressly report this incident to FOREX-GIANTS in the shortest possible time in order to freeze access to the Services, THE CLIENT being responsible for the use given to your account until such time as such communication takes place.
- 6.4.7 THE CLIENT agrees to use the Service correctly and diligently, as well as to refrain from using it for illegal purposes or effects, prohibited by this Contract, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload or damage the Service, the computer equipment of other subscribers or any other Internet users (hardware and software) as well as the documents, files, and all kinds of content stored on their computer equipment (hacking) or prevent the normal use or enjoyment of said service, computer equipment and documents, files and content by other users and other Internet users and in addition to the provisions of the THIRTEENTH clause of this contract.
- 6.4.8 In particular, THE CLIENT agrees not to use the Service for the purpose of storing, distributing, transmitting or disseminating email messages whose content contravenes, belittles or threatens the fundamental rights and public liberties recognized constitutionally, in international treaties and in the rest of the national legal system, use material protected by any intellectual or industrial property rights belonging to third parties, without THE CLIENT having previously obtained from its owners the necessary authorization to carry out the use it makes or intends to make or that is made , violates the business secrets of third parties or is contrary to the right to honor, personal and family privacy or the image of people,infringes the regulations on the secrecy of communications, constitutes illegal, deceptive or unfair advertising, incorporates viruses or other physical or electronic elements that may damage or impede the normal operation of the network, the system or the computer equipment (hardware and software) of third parties or that may damage the electronic documents and files stored in said computer equipment.
- 6.4.9 THE CLIENT is aware and voluntarily and expressly accepts the fact that the use of the Service takes place, in any case, under their sole and exclusive responsibility. Consequently, THE CLIENT agrees to indemnify FOREX-GIANTS for damages or losses directly or indirectly derived from the use that THE CLIENT or any third party with or without their authorization makes of the Service.
- 6.4.10 THE CLIENT agrees to use the Service in accordance with the Anti-Spamming Policy and agrees to:
- to. Not to send email messages to a plurality of recipients whose email addresses are non-existent.
- b. Do not use distribution lists.
- c. Take care of any type of practices that through the Service could determine or that effectively determine its inclusion in international anti-spam blacklists (spamcannibal, spamcop.net; Spamhaus-zen; sorbs; among others) the IP addresses assigned to the server’s outbound or SMTP that are used by THE CLIENT.
- 6.4.11 In case THE CLIENT contravenes any of the obligations referred to in this clause, the CLIENT declares to know and accept the fact that FOREX-GIANTS reserves the right to:
- to. Block THE CLIENT’s email account, or;
- b. Proceed with the termination of the contract, in accordance with the procedure described in clause SIXTEEN.
- 6.4.12 For its part, FOREX-GIANTS reserves the right to proceed with the termination of the contract in accordance with the procedure described in Clause SIXTEEN when THE CLIENT fails to comply with any of the obligations referred to in this SIXTH clause in Sections 6.4.7, 6.4.8 and 6.4.10.
6.5.- SEO AND SEM SEARCH ENGINE OPTIMIZATION SERVICES
- 6.5.1 In the event that THE CLIENT has contracted Search Engine Optimization, FOREX-GIANTS undertakes to provide the client with SEO and SEM services as described in the Order Form and this Agreement.
- 6.5.2 SEO and SEM Services may include:
- a) Analysis with the CUSTOMER of the most efficient keywords (keywords or research phrases to select the appropriate and pertinent search terms) and with the greatest chance of success for Web positioning.
- b) Generation and introduction or adjustments of the most appropriate Meta-tag and titles for your website, introducing the appropriate tags for positioning.
- c) Adjustments in the code of the pages of The CLIENT to make them more accessible.
- d) Application for registration to a wide list of search engines and directories, including the main ones, such as Google, Yahoo and Bing.
- e) In the case of SEM, the purchase of keywords will require a separate order form and an additional cost that will be notified to the CLIENT when requested.
- f) Creation of positioning reports according to the contracted service, which will show the positions that your website occupies in Google, Yahoo and Bing for the agreed criteria.
- g) Statistics of your website.
- h) Maintenance and supervision of the improvements made.
- 6.5.3 For the purposes of providing these services, the client agrees to provide FOREX-GIANTS with the following:
- a) The FTP access of the main website object of this contract to be able to make changes for the purpose of optimization.
- b) The client authorizes FOREX-GIANTS to use all the logos of THE CLIENT, brands, images of their websites, etc., for use in the creation of information pages and any other use that FOREX-GIANTS deems necessary. FOREX-GIANTS for search engine optimization and positioning.
- c) For the optimization of the CLIENT’s website, the textual content is essential, The CLIENT will provide additional content of the pertinent text in electronic format in the case of existing pages or in which additional web pages must be created. The CLIENT agrees to provide content, eg 200 to 500 words “included in an article” on each of their keyword phrases.
- d) In the case of third parties, the costs arising from the creation, publication, dissemination and hosting of the contents will be borne by the CLIENT, including the costs arising from modifications in the pay per click campaigns and/or similar.
- 6.5.4 The CLIENT must supervise and approve all the contents published on the website, marketing campaigns and other means, being THE CLIENT the responsibility of reviewing the work, if within the period of five (5) working days THE CLIENT does not express their Conformity or nonconformity with the work carried out, as of a said period, the responsibility for the modifications falls exclusively on THE CLIENT without the latter being entitled to a subsequent claim on them.
- 6.5.5 The CLIENT is solely responsible for the contents and guarantees their authenticity, adhering at all times to the current intellectual property legislation in addition to the provisions of the THIRTEENTH clause of this contract.
- 6.5.6 FOREX-GIANTS will stop providing the contracted service in cases of extreme gravity according to the following:
- a) Introduction by THE CLIENT of hidden text.
- b) Introduction by THE CLIENT of hidden links
- c) Creation by THE CLIENT of Doorway pages to deceive search engines.
- d) Any type of fraudulent practices and therefore penalize them for search engines.
- e) In addition to the provisions of clause SIXTEENTH of this contract.
- 6.5.7 The modification of the work criteria and/or the modification of the order of priority by THE CLIENT, once the positioning work has begun, will be carried out under a prior budget sent by FOREX-GIANTS within 10 days of notification of this circumstance. The non-acceptance of the criteria modification budget by THE CLIENT may not lead to the termination of this contract.
- 6.5.8 The acceptance by THE CLIENT of this contract implies that the latter agrees to remain registered in the positioning service during the months agreed and set in the budget starting from the first billing and is entitled to terminate of him under the provisions of clause SIXTEENTH of this contract.
- 6.5.9 FOREX-GIANTS cannot guarantee the services, reliability, accuracy, correctness, integrity that are used through third parties (Search engines, directories or others) and those that they do with them and for this reason, THE CLIENT understands, recognizes and you agree that:
- to. FOREX-GIANTS has no control over search engine or directory policies regarding the type of sites and/or content that is accepted now or in the future.
- b. The site or website (s) THE CLIENT may be excluded from any search engine or directory at any time at the sole discretion of the search engine or directory.
- c. Some search engines and directories may take from two (2) to four (4) months, and in some cases longer, even after submitting the registration request (s) the web page (s) of THE CLIENT.
- d. Occasionally, search engines and directories will stop accepting the Registration Request or inclusion of the web page (s) for an indefinite period of time.
- and. Sometimes search engines and directories drop or remove pages or websites from their listing for no apparent or predictable reason. Often web pages reappear in the list without any additional communications. If THE CLIENT’s website does not appear on the list again, the company will re-submit the registration request for the website (s) based on the current policies of the search engine or directory in question.
- F. Some search engines and directories offer fast registration services for a fee. Company encourages the customer to take advantage of these fast services. Customer is responsible for all extra service fees offered by these directories unless otherwise stated on the order form.
- g. In addition to what is stipulated in clause TENTH Section “B” of this contract.
- 6.5.10 FOREX-GIANTS is not responsible for changes made to the website by others that negatively affect the rankings in the search engines of THE CLIENT’s website. Should this happen FOREX-GIANTS will charge an additional fee to re-build meta-tags, keywords, content, etc. based on the rate stipulated in clause EIGHT Section “C”.
- 6.5.11 The additional services that are not included in this 4.- SEO AND SEM SEARCH ENGINE OPTIMIZATION or in the order form and clause EIGHT Section “C” will apply.
- 6.5.12 FOREX-GIANTS will keep confidential the information provided by THE CLIENT in or for the execution of the contract as stated in clause TWENTY ONE.
6.6 – SOCIAL NETWORKS (SMO and ORM).
- 6.6.1 In the event that THE CLIENT has contracted the Social Network Services, FOREX-GIANTS undertakes to provide the client with such services as described in the Order or Budget form and this Agreement.
- 6.6.2 THE CLIENT authorizes through this contract FOREX-GIANTS to create and manage their profiles on social networks (example: Facebook, Linkedin, YouTube etc…), and to assign the position of administrator of said accounts to those who are empowered to “Accept” the terms and conditions of use of those Networks without risk of liability for their staff or for FOREX-GIANTS for having signed a contract on behalf of THE CLIENT.
- 6.6.3 Due to the foregoing, the accounts of all Social Networks will be created in accordance with the terms and conditions of this contract and the conditions of use that appear on the Social Networks site.
- 6.6.4 FOREX-GIANTS cannot guarantee the services, reliability, accuracy, correctness, integrity that are used through third parties or by third parties and those that they do with them and therefore THE CLIENT understands, acknowledges and accepts that:
- a) FOREX-GIANTS has no control over the policies of Social Networks regarding the type of sites and/or content they present now or in the future.
- b) THE CLIENT’s profile or the page could be excluded from any social network and at any time at the sole discretion of the Social network.
- c) Of the contents that are used or appear in their profiles by third parties.
- d) Of the privacy of the data that even marking them as private, are deposited on the servers of said networks.
- e) About the treatment of contacts.
- f) The integration between services and their various applications or social widgets.
- g) Identity Theft and defamation.
- 6.6.5 The CLIENT is solely responsible for the content that is used or appears on their social network profiles and guarantees their authenticity, adhering at all times to the current intellectual property legislation, in addition to the provisions of the THIRTEENTH clause of this contract.
- 6.6.6 The client authorizes FOREX-GIANTS to use all the logos of the CLIENT, brands, images of its websites, etc., for use in the creation of information pages and any other use that it deems necessary FOREX-GIANTS for the creation of your image on social networks and its optimization.
- 6.6.7 At the beginning of the project, the client must provide:
- a) Your general vision of your business, products and services, the differentiation and the unique value that they represent in the market and if you have any presence in social media, indicate what they are and the results that you have obtained from them until the moment of hiring.
- b) Two professional image photos.
- c) Company logo.
- d) Provide access to supporting material or copies of existing articles, text material, testimonials, case studies, etc …
- 6.6.8 SOCIAL NETWORK Services
- Depending on the type of agreement, they may include:
- a) Creation of a company page, with its customization (logo, permissions, applications …).
- b) Implementation of a “Landing Page” (welcome page) if the network allows it.
- c) Linking your page with other social networks if the network allows it.
- d) Implementation of the icon and link of the social network on its website.
6.7 – MAINTENANCE OF SOCIAL NETWORKS
- 6.7.1 Publication of content that depending on the type of agreement may include:
- Content management:
- to. A number of articles per week as established in the order.
- b. Writing in his blog articles of investigation, a publication of the news, fragments of comments etc.
- c. Provide advice and answer questions that arise within the networks.
- Network administration:
- to. Comments on influential sites.
- b. Sent news.
- c. Tweeting several times a week.
- d. Introduce main debates on current issues.
- and. Research and add new friends and relevant followers.
- 6.7.2 For everything related to this service, the rights regulated in 6.6 will apply.
6.8 – DOMAINS
- 6.8.1 In the event that THE CLIENT has contracted REGISTRATION AND RESERVATION OF DOMAIN NAMES, in this FOREX-GIANTS sets out the rules and conditions by which the registration, reservation and transfer service is governed (change of host) of domain names as agreed in the Order Form and this Agreement.
- 188.8.131.52 THE CLIENT, knows and assumes the current rules and procedures, terms and conditions, rates and method of payment and technical requirements established for the registration of each of the domain names, whose content is available on the web pages of the Competent Authorities (ICAAN, Red.es, EurID, or any other international organization).
- 184.108.40.206 THE CLIENT, knows that the breach of these rules, in the cases in which it is expressly established, will mean the loss of the domain name and its possible reassignment from that moment for its registration in favour of an applicant who is legitimized for it.
- 220.127.116.11 The information provided in this application is true, except for errors or omissions in good faith.
- 18.104.22.168 FOREX-GIANTS reserves the right to accept any request for services by Clients. FOREX-GIANTS undertakes to explain to the CLIENT in writing the reasons for non-acceptance of an order by email or post.
- 22.214.171.124 Payment must be made to FOREX-GIANTS for the start of the domain name registration process. Payment will be made in accordance with the provisions of clause three of this contract. Payment is considered effective when the bank confirms it. In the event of two identical requests for the same domain name, FOREX-GIANTS will process that of the CUSTOMER who makes the payment in advance.
- 126.96.36.199 It will be understood that an order has been accepted by FOREX-GIANTS when the CLIENT receives a written confirmation of acceptance of the service with all the information about the contracted domain name. Said written confirmation will be made by email or post.
- 188.8.131.52 The data that the CLIENT provides to FOREX-GIANTS for the registration of the domain name will be automatically transferred to the corresponding authorized body.
- 184.108.40.206 FOREX-GIANTS will process, on behalf of the CLIENT, the registration of the domain name with the authorized organizations, submitting to the registration procedures and rules established by themselves.
- 220.127.116.11 FOREX-GIANTS, once the domain name has been granted, will communicate and deliver to the CLIENT the supporting documentation of such registration. The communication of the concession by the registrar of the requested domain name will be made by email to the CLIENT’s address provided in the service request to FOREX-GIANTS. FOREX-GIANTS will not be responsible for the failure to receive such communication. Until that moment the CLIENT should not consider the domain name as their property for any purpose.
- 18.104.22.168 In the domain name reservation service, FOREX-GIANTS will register the domain name on behalf of the CLIENT, activating said domain name on the FOREX-GIANTS servers, except if during the period registration or renewal payment is not made for any reason, THE CLIENT must not consider the domain name as their property for any purpose.
- 22.214.171.124 FOREX-GIANTS within the service includes the free modification of any domain registration data except for the domain owner who will carry an additional cost of 40 Euros for processing the corresponding body. When the CLIENT has servers to activate the reserved domain name, he will proceed to request the transfer of the domain name to the CLIENT’s servers, subject to the conditions established in the following clause.
6.8.3 – TRANSFER (CHANGE OF HOST) OF DOMAIN NAMES
- 126.96.36.199 FOREX-GIANTS reserves the right to accept any request for services by Clients. FOREX-GIANTS undertakes to explain to THE CLIENT in writing the reasons for non-acceptance of an order by email or post.
- 188.8.131.52 It will be understood that an order has been accepted by FOREX-GIANTS when the CLIENT receives a written confirmation of acceptance of the service with all the information about the change of host of the domain name. Said written confirmation will be made by email or post.
- 184.108.40.206 The data that THE CLIENT provides to FOREX-GIANTS for the change of domain name host will be automatically transferred to the corresponding authorized body.
- 220.127.116.11 FOREX-GIANTS will process on behalf of THE CLIENT the change of host of the domain name before the authorized organisms, undergoing the procedures of changes on the domain names established by them.
- 18.104.22.168 FOREX-GIANTS, once the domain name hosting change has been obtained, will communicate and deliver to the CLIENT the supporting documentation of the change made.
6.8.4 – EXPIRATION, RENEWAL, PRICE AND CONDITIONS OF PAYMENT OF DOMAIN NAMES
- 22.214.171.124 All price rates are described on the FOREX-GIANTS web page “http://www.gmbbc.com” for each of the various types of services or through the quotes sent to THE CLIENT by e-mail, post or via telephone service. These rates are expressed in euros.
- 126.96.36.199 Payment will be made by credit card or direct debit to FOREX-GIANTS and will be necessary for the start of the domain name registration process.
- 188.8.131.52 The payment for the renewal of the domain name will be made in the same way and under the conditions of the CLIENT to FOREX-GIANTS.
- 184.108.40.206 It will be the CLIENT’s responsibility to keep safe the expiration dates of all their registered domain names and it is their responsibility to ensure that all their registered domain names are renewed before the expiration date.
- 220.127.116.11 The cancellation by the CLIENT of a completed order implies the absence of refund of the payment.
- 18.104.22.168 THE CLIENT acknowledges and accepts that his right and interest in a domain name ends at the end of the expiration period. If during the renewal period the payment will not be made within the first 25 days starting from the first day of its expiration, THE CLIENT must not consider the domain name as their property for any purpose.
- 22.214.171.124 At the end of the period indicated in the previous paragraph, the domain name will be removed from your account and placed in a holding account for ten (10) days (“retention period”) if the CLIENT does not carry out the payment during that period, FOREX-GIANTS will have the right to domain ownership and may auction it publicly or transfer it to a third party.
- 126.96.36.199 The CLIENT accepts that GLOBAL is not responsible for any claim for damages or losses that may arise from any failure to renew a domain name.
- 188.8.131.52 The CLIENT understands and accepts that the renewal of a domain name is subject to the payment of the applicable fees before the expiration date of the domain and that it is his responsibility to ensure that these fees are paid.
6.8.5 – CIVIL LIABILITY (DOMAINS)
- 184.108.40.206 The CLIENT acknowledges that it is the responsibility of FOREX-GIANTS to make the request for a domain name before the authorized organizations, but the granting of registration of said domain name is the sole responsibility of such organizations. Likewise, the ultimate ownership and responsibility for domain names rest with the CLIENT.
- 220.127.116.11 The CLIENT agrees that FOREX-GIANTS will not respond to the CLIENT for any anomaly that may arise in the process of processing the registration of the domain name that may be due to any of the following causes:
- a) Delays in access or delays in the registration system of the corresponding registry entity.
- b) Loss due to delivery failures or error in the data provided by the CLIENT to FOREX-GIANTS.
- c) The consequences that the breach of the clauses related to payment could cause.
- d) Damage derived from situations of force majeure or fortuitous event.
- 18.104.22.168 FOREX-GIANTS will not be able to mediate or be responsible for the disputes that of the requested domain name may occur in the future. Regarding the dispute policy, the provisions of the respective domain name dispute resolution policies approved by ICAAN, Red.es, EurID or any other competent international body will be followed. If, as a result of a dispute over a domain name, the CLIENT loses ownership of the domain, FOREX-GIANTS has no obligation to reimburse the amounts paid in this regard (domain registration).
- 22.214.171.124 Given the existence of multiple agencies and registrars of domain names throughout the world, the availability of a domain name in the search form does not presuppose that this is its true status, and the CLIENT must wait for confirmation of the concession of the domain name to carry out any commercial or other action that presupposes its ownership.
- 126.96.36.199 In any case, the maximum responsibility assumed by FOREX-GIANTS shall not exceed the total amount paid by the CLIENT to FOREX-GIANTS for the fee paid for the registration of domain names as prescribed. in this agreement.
- 188.8.131.52 Once the domain registration has been confirmed by FOREX-GIANTS, it may appear free since the databases are not automatically updated. You just have to wait for those databases to be updated. Although it appears free, if FOREX-GIANTS confirms the registration of the domain, no other person will be able to register the domain.
SEVENTH.- PRICE OF SERVICES
7.1 THE CLIENT agrees to pay FOREX-GIANTS the prices established in the corresponding budget referring to the contracted service, these costs being reflected in the billing of FOREX-GIANTS to THE CLIENT.
- 7.2 In case of extension or variation of the contracted services FOREX-GIANTS and THE CLIENT may review the prices according to the variations OF THE MARKET, these price modifications being reflected in the invoicing of FOREX-GIANTS.
- 7.3 The price of the services provided by FOREX-GIANTS that are subsequently contracted by THE CLIENT will be established at the time the provision of the same is agreed.
EIGHTH.- PAYMENT METHOD
- 8.1 FOREX-GIANTS will notify the costs of the service to THE CLIENT by any means, whether partial or total, on the start date, and THE CLIENT must pay them at the beginning of each month, between days 1 and 5.
- 8.2 The agreement between the parties regarding the amounts of the services, such as the advance, the financing and the complementary payments, will be established in the acceptance of the budget or the first invoice or the first delivery note.
- 8.3 The hourly rate for extra or additional work carried out under the terms of this contract or in any subsequent agreement is € 30 an hour for website maintenance, € 60 an hour for website development, € 80 an hour for graphic design, programming and optimization of web pages, € 90 an hour for project management and € 100 an hour for general consulting. In the event that these works are carried out or carried out at the client’s address, there will be an additional surcharge on the aforementioned prices of 30%. (Prices subject to change without prior notice).
- 8.4 FOREX-GIANTS may suspend the service or terminate this Agreement in the event that THE CLIENT is late for a period of more than fifteen (15) days in the payment of the invoiced charges. FOREX-GIANTS may charge default interest from the date of maturity to the date of collection, calculated at the interest rate for commercial delay established in article 7 of Law 3/2004, of December 29, which takes into account every moment.
- 8.5 Payments made from Spain can be made by direct debit or bank transfer or by bank check to be delivered to the FOREX-GIANTS office according to the contracted service.
- 8.6 In the event that the CLIENT makes the payment by bank transfer, the CLIENT must send by email to FOREX-GIANTS a copy of the proof of said transfer.
- 8.7 Payments from outside of Spain will be made exclusively by credit card or bank transfer.
- 8.8 Hosting, postal service, software development and advertising must be paid annually in advance by direct debit or bank transfer or by bank check to be delivered to the FOREX-GIANTS office.
- 8.9 Additional services, such as website updates and marketing services, must be paid within 15 days from the date of the billing notice.
- 8.10 If after one month the payment has not been made, FOREX-GIANTS may suspend the service until it receives payment of the amount due, plus interest, plus the costs of reconnection in full. An amount of € 25 will be charged to cover reconnection costs. No credit will be granted for loss of service during the service suspension period.
- 8.11 If FOREX-GIANTS were charged additional bank fees or charges by your bank due to the costs caused by the impossibility of recovering funds from THE CLIENT’s banks, FOREX-GIANTS will have the right to recover the amount of these commissions or charges reducing to THE CLIENT the duration of the contract proportionally or demanding from THE CLIENT the corresponding amount of said expenses.
NINTH.- APPLICABLE TAXES
All the taxes that accrue on the occasion or as a consequence of this contract, will be paid by the parties in accordance with the Law. All the charges fixed to THE CLIENT for the provision of the described services are excluding VAT, so the fees in force at all times the VAT in force on the billing date will be applied.
- 10.1 REFUND GUARANTEE.
- to. THE CLIENT will have a period of 15 days from the date of registration of the service to resolve this contract without incurring any penalty or expense, except for the expenses that FOREX-GIANTS has incurred caused by the client.
- b. After exercising this right, FOREX-GIANTS will reimburse the client the amount paid for the provision of the service except the amount corresponding to the consumption of the service performed during the effective service period.
- 10.2 GUARANTEE OF SUCCESS
- By virtue of the semantic definition of any of the SEO / SEM / SMO efforts, the achievement of any of the following objectives is not guaranteed under any circumstances:
- to. A certain position for any expression or keyword, in any search engine, directory.
- b. A number of followers on social networks, registered users, comments or any by-product of the interaction of users on social networks.
- c. A figure of the net or gross visits derived from SEO / SEM / SMO efforts.
- d. Any other quantitative objective not stated in this Contract.
- The guarantee does not include the following eventualities:
- to. Problems derived from or originated by any external service managed by any entity outside FOREX-GIANTS.
- b. Damage caused by virus contagion, attacks, negligence of the CLIENT, fire or electrical failure of the systems involved.
- c. The change of accommodation provider, URL, name and/or page location, page title, description, metatag’s, keywords, the performance of any action to include links in any location (internal or external, including AdWords or similar advertising campaigns) that affect the positioning without prior authorization of FOREX-GIANTS.
- d. If the result of the actions contemplated in the preceding paragraphs implies the total loss of the positioning or exclusion of the websites, FOREX-GIANTS will be considered exonerated from any responsibility, maintaining the work and the positioning invoicing for all purposes.
- 10.3 LIMITATION OF WARRANTY
- The parties acknowledge that the enforcement of this contract does not imply any type of representation, delegation, guarantee or other agreements other than those expressly described in this contract; and accordingly, all the terms, conditions, guarantees or other aspects implied by agreements or general regulations, are explicitly excluded to the limits permitted by law.
ELEVENTH.- USE LICENSE.
- 11.1 In the event that the exercise of the economic exploitation rights assigned by this contract requires to deliver, facilitate or license the use on the elements derived from programming and the source code, as well as the systems, instructions and computer applications owned by FOREX-GIANTS integrated into the project (s), excluded from the transfer of exploitation rights, FOREX-GIANTS will grant the CLIENT, upon subscription of the appropriate contract, a use license according to the following conditions.
- It will be a non-exclusive and non-transferable use license that will allow the CLIENT to use the aforementioned elements derived from programming and the source code, as well as the systems, instructions and computer applications when the project is completed and fully paid for.
- 11.2 The CLIENT may only use the elements derived from programming and the source code, as well as the computer systems, instructions and applications for their own purposes are prohibited:
- to. Share the time of use with third parties, as well as make it accessible to third parties.
- b. Make successive versions of the program or programs derived from it.
- c. Reverse engineering, reprogramming or modification of any nature.
- d. Transfer, transfer, lease or sell the computer program as well as any other act of disposal, temporarily or permanently, free or onerous, with the CLIENT being solely responsible for the consequences of such actions.
- e) Reproduce the code, or translate its form. If necessary, the CLIENT will request the written authorization of FOREX-GIANTS to carry out the reproduction or transformation of the computer program including the correction of errors, when such acts are necessary for the use of the same by the CLIENT, with according to its proposed purpose.
- 11.3 Notwithstanding the provisions of the previous, to carry out the reproduction of the code and the translation of its form when it is essential to obtain the necessary information for the interoperability of the program with other programs, the CLIENT will notify FOREX-GIANTS who in case of not offering any solution, will allow the performance of said acts in writing as long as the following requirements are met:
- to. That such acts be carried out by the legitimate user or by any other person empowered to use a copy of the program, or, on their behalf, by a duly authorized person.
- b. That the information necessary to achieve interoperability has not been previously and easily and quickly made available to the people referred to in the previous letter.
- c. That such acts be limited to those parts of the original program that are necessary to achieve interoperability.
- d. It is used only to achieve interoperability of the independently created program.
- and. It is only communicated to third parties when necessary for the interoperability of the independently created program.
- F. It is not used for the development, production or commercialization of a substantially similar program in its expression, or for any other act that infringes copyright.
TWELFTH.- LIABILITY OF FOREX-GIANTS
- 12.1 RESPONSIBILITY REGARDING THE DATA TRANSMITTED:
- FOREX-GIANTS does not access the data transmitted either by THE CLIENT or by the users of the client’s services and therefore will not be responsible for them.
- 12.2 RESPONSIBILITY FOR THE STORAGE OF DATA:
- FOREX-GIANTS will not be responsible for the information housed in THE CLIENT’s space, nor for its links to content or others.
- 12.3 LIABILITY FOR DAMAGES
- FOREX-GIANTS will respond to THE CLIENT for all damages caused by fault, negligence or intent that are caused as a result of the execution of this contract.
- 12.4 LIMITATION OF LIABILITY:
- In no event shall FOREX-GIANTS, nor the managers/directors and senior officers, administrators, shareholders, agents or workers dependent on it, incur any responsibility for any cause directly or indirectly related to the customer’s use of the GLOBAL MARKETING BETTER service. BUSINESS CONSULTING.
- Notwithstanding the provisions of the preceding paragraphs, FOREX-GIANTS will not respond to THE CLIENT for damages or losses when:
- to. They have been caused by causes beyond FOREX-GIANTS
- b. They have been caused by service cuts due to network maintenance reported by FOREX-GIANTS.
- c. They have been caused by force majeure.
- d. Are attributable to causes outside the control of FOREX-GIANTS, such as failures of third parties, operators or service companies, acts that involve the intervention of a third party in the services provided, (provided that it does not occur due to fault or negligence of FOREX-GIANTS), FOREX-GIANTS also undertakes to repair any failure or breakdown that may occur in the service in the shortest possible time.
- and. Failures derived from the content or software supplied or installed by THE CLIENT (eg CGIs, ASPs, PHP, etc., or any third-party applications).
- F. When THE CLIENT breaches his obligations agreed in this contract.
- 12.5 The compensation for damages in cases of fault or negligence of FOREX-GIANTS, derived from this contract, will not exceed in any case the amount of an annuity of the contracted service.
THIRTEENTH.- CUSTOMER RESPONSIBILITY
- 13.1 DAMAGES AND INJURIES TO FOREX-GIANTS AND THIRD PARTIES:
- THE CLIENT shall be liable for any breakdowns or damage that may be suffered by the FOREX-GIANTS equipment, systems, computer programs and networks, or destruction of the information, including those belonging to other customers when the breakdowns or damage have been caused by the action. negligent of THE CLIENT.
- 13.2 RESPONSIBILITY FOR THE CONTENTS:
- THE CLIENT will be solely responsible for the information contained in the databases that it supports and that it supplies to third parties, and for compliance with the Intellectual Property standards of its contents, as well as for any action or omission that violates the secrecy of communications or the privacy of natural or legal persons, in accordance with current legislation on the matter and very especially in accordance with the provisions of the Rules on Protection of Minors and Protection of Personal Data. As well as guaranteeing that in no case will be said information contravenes any regulatory provision, assuming the client full responsibility for the content that is used or stored.
- 13.3 CRIMINAL AND ILLEGAL ACTS:
- The use of any of the Services contracted for the commission of criminal acts or any other anti-social or illegal use will entitle FOREX-GIANTS to the immediate suspension of the service and subsequent resolution of this contract, without prejudice to the claim for damages and damages that could be derived. THE CLIENT will hold FOREX-GIANTS harmless against any third-party claims that cause or are related to the provision of services object of this contract.
- 13.4 INACCURACIES OF CONTACT DATA:
- THE CLIENT agrees to keep the contact details provided to FOREX-GIANTS updated, especially the email address, being under his responsibility to reliably notify FOREX-GIANTS of the modification of said email address, exonerating FOREX-GIANTS from any responsibility for the consequences derived from the ineffectiveness of the email address of THE CLIENT, as well as the misinformation that THE CLIENT could allege due to their own negligence in keeping updated and active this data.
FOURTEENTH.- FORCE MAJEURE
Cause of force majeure will mean all those causes that could not have been foreseen, or that were still foreseen were inevitable, and that result in the breach of any of its obligations, in this case, neither party will be responsible for the breaches and delays of their obligations.
Both parties agree in this act to send immediate communication to the respective, as soon as they have news of the existence of a cause of force majeure. Said communication shall contain the details of the circumstances that have given rise to said case. Received the aforementioned communication, if the breach due to the case of force majeure continues to occur for more than SEVEN (7) DAYS, whoever is not in default will have the possibility of early termination of this Contract.
FIFTEENTH.- SUSPENSION AND CANCELLATION OF THE SERVICE
- FOREX-GIANTS may itself suspend and cancel the provision of the services object of this Contract and its Annexes, for the following reasons:
- to. If the CLIENT fails to comply in whole or in part with any of his obligations contracted with FOREX-GIANTS, all services subject to that breach will be suspended or cancelled.
- b. In any situation that allows reasonable doubts to be entertained regarding the legality of the use of FOREX-GIANTS services by THE CUSTOMER, prior communication by FOREX-GIANTS to THE CUSTOMER and its response within a period of fewer than 3 days, or lack of response within this period.
- c. In the event of a replacement of the FOREX-GIANTS service, the CLIENT will be charged in advance for the reconnection costs in the amount of € 50 to cover the reconnection costs.
- d. No credit will be granted for loss of service during the service suspension period.
SIXTEENTH.- CONTRACT RESOLUTION
- Both FOREX-GIANTS and THE CLIENT may terminate the contract for any of the following reasons:
- to. Failure to comply with the obligations that correspond to each party established in this Contract and its Annexes.
- b. If either party makes the decision to dissolve.
- c. If the other party is declared bankrupt at the request of a legitimate creditor, or if a request for voluntary bankruptcy or suspension of payments has been filed, or if executive judgments have been filed against them or decreed preventive embargoes or other precautionary measures that reveal the decrease in economic solvency or financial difficulties to attend to the normal fulfilment of its obligations.
- d. By unilateral decision of any of the parties, with thirty (30) days’ notice, prior to the end of the contracted service period.
- and. THE CLIENT in no case may claim FOREX-GIANTS the refund of the amounts that would have been delivered for the provision of the contracted services.
- F. Deliberately hinder the provision of the Service.
SEVENTH.- EFFECTS OF THE RESOLUTION OF THE CONTRACT.
The termination of the Contract, for any of the causes established in s a), b), c), d) of the SIXTEENTH clause attributable to THE CLIENT, will oblige THE CLIENT to pay the amounts due, until the effective moment of the resolution or termination of the Contract and its Annexes.
EIGHTEENTH.- SECURITY OF COMMUNICATIONS
FOREX-GIANTS guarantees the secrecy of communications in accordance with the provisions of the General Telecommunications Law, as well as the security of facilities, infrastructure, networks, applications, hardware and data, by adopting the measures that they are precise, of a physical, logical and organizational type, according to the state of technology, the nature of the data and information is stored, and the risks to which they are exposed, whether they come from human action or from the physical or natural environment.
- 19.1 The interlocutor (s) of FOREX-GIANTS with THE CLIENT may be summoned by a new interlocutor simply by sending a notification by letter or email to THE CLIENT indicating the details of the new interlocutor designated in substitution.
- 19.2 The contact details of THE CLIENT with FOREX-GIANTS on the INTERNET will be those indicated on the FOREX-GIANTS website (https://www.forex-giants.com) and in the event that the data of Valid or specific contact will be the following:
- Telfs.- (357) 99762835.
- Address: Limassol, Cyprus, Kivelis
- Email (e-mail): [email protected]
- 19.3 The parties acknowledge full trial value for communications that are made by email under this contract.
TWENTY – DATA PROTECTION
- 20.1 PROTECTION OF PERSONAL DATA OF THE CLIENT:
- 20.1.1 Regarding THE CLIENT’s personal data, FOREX-GIANTS informs you that the aforementioned data will be incorporated into a file whose ownership and responsibility corresponds to FOREX-GIANTS. The purpose of collecting and processing them is to maintain established business relationships, as well as to inform you of new services provided.
- In compliance with current regulations, FOREX-GIANTS guarantees that it has adopted the necessary measures and techniques to maintain the level of security required in attention to the nature of the personal data processed. Likewise, FOREX-GIANTS informs THE CLIENT that at any time they can exercise their rights of access, rectification, cancellation and opposition, regarding their personal data, being able to exercise this right in writing by letter addressed to FOREX-GIANTS in the next address:
- Att. Data Protection Department of:
- C / calendula, # 51-42,
- 29688 Estepona,
- 20.1.2 The CLIENT states that all the information provided by him is true and correct, he undertakes to keep it true, communicating it to FOREX-GIANTS. The client will be responsible for the veracity of their data and will be solely responsible for any conflicts or litigation that may result from their falsification.
- 20.1.3 FOREX-GIANTS will not transfer or communicate the data stored in its files to third parties except when such communication is strictly necessary for the sole purpose of developing or establishing the services or products contracted by THE CLIENT with FOREX-GIANTS, except in those cases in which said communication has been legally foreseen.
- 20.2 OF THE DATA ACCOMMODATED BY THE CLIENT ON FOREX-GIANTS SERVERS:
- to. THE CLIENT is responsible for the personal data that as a consequence of the provision of the services object of this Contract, are or may be stored in the accommodation, the computer equipment and systems made available to THE CLIENT by FOREX-GIANTS.
- b. FOREX-GIANTS is not responsible for the breach by THE CLIENT of the Organic Law on Data Protection (LOPD), as well as in instructions from the Data Protection Agency, and other regulations that may apply, in the part in which their activity corresponds and are related to the execution of this contract. THE CLIENT expressly authorizes FOREX-GIANTS to access the information owned by it, stored on the servers hosted by FOREX-GIANTS, for the following purposes:
- resolution of incidents occurred on the server;
- backup and recovery;
- and in general, any other access that is necessary for the correct provision of the services provided by FOREX-GIANTS, who is committed to making the accesses within the framework established herein, and always acting in the interests of protecting the interests of the client.
- c. The application or use of the information owned by THE CLIENT for a purpose other than that provided for in this contract is strictly prohibited, as well as its transfer to third parties or entities, not even for its conservation, except in the cases in which it is necessary For FOREX-GIANTS the collaboration of a third entity in order to diligently comply with the contracted services, in which case THE CLIENT expressly authorizes FOREX-GIANTS to subcontract the necessary services.
- d. In the event that FOREX-GIANTS uses the data for a purpose other than that indicated here, communicates it or uses it in breach of the stipulations of this contract, it will be considered, for all purposes, the owner of the information, responding for the infractions in that would have been incurred personally, and especially those derived from non-compliance with the provisions of the LOPD.
- and. FOREX-GIANTS may disclose the information in the event that it is required by a Judge or a Court or when a law expressly determines it.
- F. In accordance with article 16 LOPD, FOREX-GIANTS may keep, after the end of the contract, a copy of the data subject to treatment, which will only be available to public administrations, judges and courts, for the attention of the possible responsibilities arising from the service, during the limitation period of these, as well as during the periods provided in the applicable provisions, after this time, the copies will be destroyed.
- 20.3 SECURITY MEASURES:
- FOREX-GIANTS has adopted the physical security measures of a technical and organizational nature in accordance and enforceable according to the nature of the services provided by reason of this Contract and its Annexes, which guarantee the security of the contents of THE CLIENT. It will be presumed that there are no personal data stored by THE CLIENT in the space dedicated to the contracted service.
- 21.1 Both parties agree to keep the maximum reserve and secrecy regarding the information and/or documents that are mutually provided as a consequence of the execution of this contract, agreeing not to disclose them, as well as not to publish them or, directly or indirectly, put them to Disposition of third parties without the previous reliable consent of the other party.
- 21.2 Both parties may transmit the documents and/or information provided to their staff and collaborators to the extent that this is essential for the execution of this contract. In this case, both parties will inform their staff and collaborators of the confidentiality obligations established in this contract, making as many warnings for this purpose and signing with their staff as many documents as necessary in order to guarantee compliance with such obligations. In this regard, FOREX-GIANTS expressly declares to have signed with its workers and/or collaborators the appropriate confidentiality contracts.
- 21.3 The confidentiality obligations established in this contract will remain in force for a period not exceeding 2 years after the end of the contractual relationship between the parties.
- 21.4 The breach of the confidentiality obligations established in this contract will empower the other party to claim compensation for all damages caused by reason of such breach, as well as the restitution of all expenses, including, where appropriate, those that could accrue as a consequence of the eventual filing of legal actions in defence of their rights.
- 21.5 The confidentiality obligations established in this contract will be limited in those cases in which, by legal imperative, the obligated party is required by a jurisdictional or administrative body to provide certain information.
THE CUSTOMER grants its authorization indefinitely and irrevocably so that FOREX-GIANTS places on the website the name FOREX-GIANTS or any symbol or identifying sign of FOREX-GIANTS, as long as it does not affect to the image of THE CLIENT and it is made in the lower part to the minimum legible size. Likewise, THE CLIENT grants his authorization so that FOREX-GIANTS can identify THE CLIENT in any promotional actions related to FOREX-GIANTS.
TWENTY-THIRD.- CLAUSE OF SALVAGUARDA
- 23.1 Each of the provisions of this agreement must be interpreted separately and independently of the others. If any of them becomes invalid, declared illegal or not enforceable under any legal norm in force by any court or administrative authority, the nullity or ineffectiveness of the same will not affect the other provisions, which will retain their full validity and effectiveness. The contracting parties agree to replace the clause or clauses affected by another or others that have the effects corresponding to the purposes pursued by the parties in this contract.
- 23.2 This contract includes all the pacts existing between the parties and cancels and revokes, as the case may be, any other pacts or agreements, verbal or written, that were in force on the date of their subscription.
The rights and obligations of THE CLIENT may not be subrogated by third parties without the written consent of FOREX-GIANTS, which undertakes to reason the causes in the absence of acceptance.
- This contract may only be modified by written agreement of the parties, although FOREX-GIANTS may alter the terms of this Contract by giving notice to the CLIENT 15 days in advance if after this period of time the CLIENT does not express its agreement or disagreement with the Changes made by FOREX-GIANTS the acceptance of said changes by the CLIENT will be established.
TWENTY-SIXTH.- APPLICABLE LEGISLATION AND COMPETENT COURTS.
- 26.1 In matters not provided for in this contract, as well as in the interpretation and resolution of conflicts that may arise between the parties as a consequence thereof, Spanish legislation will apply.
- 26.2 If any conflict or difference arises between the parties in the interpretation and execution of this contract, and is not resolved by mutual agreement, it will be resolved at the request of either party and after written communication to the other, through arbitration at the Malaga Bar Association. The arbitration will be held in Malaga and will be conducted in accordance with the rules of the Spanish arbitration law 36/1988, of December 5, and the regulations of the Bar Association. Each party will assume its own expenses in relation to the arbitration, although the compensation and expenses of the arbitrators will be assumed in the manner established by the arbitration decision.
- 26.3 All of the above will be understood without prejudice to the parties being able to undergo a judicial procedure, in this case, it will be done before the jurisdiction and competence of the courts of Malaga, expressly renouncing their authority in cases where the procedural rules allow it, to be another.
- 26.4 If it is reasonably possible, the fulfilment of this Contract will continue during the course of any disagreement and/or arbitration or judicial procedure.