Alto Impacto
1. Regulation

The contracts entered into with INTERCOSTA TRADE SL (hereinafter the “COMPANY”) are governed by the specific conditions agreed for each contracted product and by these General Conditions, which are available and can be consulted at https://alto-impacto.es/condiciones-decontratacion.

The recipient of the contracted services is exclusively the CUSTOMER. Access to the services may be denied to the CUSTOMER who fails to comply with any of the obligations set out in this contract.

2.1 Formalization. Consent to formalize the contract may be given by email, telephone recording, manual medium with handwritten signature or automated medium with digital or digitized signature, or any other legally valid means.

2.2 Requirements. The CUSTOMER must be an entrepreneur, merchant, industrialist or professional, whether a natural or legal person. The lack of legal capacity or representation of the CUSTOMER will not affect the COMPANY, and in such case the person who signs the contract will be directly and personally bound.

2.3 Contact data. The CUSTOMER must keep contact data updated and operational, especially the email account, informing the COMPANY of any change as soon as possible. The COMPANY is exempt from any liability for the consequences of the lack of operability of the email address provided by the CUSTOMER for communications or notices.

2.4 Use of the services. The services provided to the CUSTOMER are non-transferable and for the exclusive use of the CUSTOMER. The credentials (username and/or access key) provided to the CUSTOMER for access to certain services may not be assigned or disclosed and may not be shared with third parties; the CUSTOMER undertakes to safeguard them and keep them confidential, and to notify the COMPANY of their loss or theft.

2.5 Registration for the services. Acceptance of the contract is the indispensable requirement to register for the various services contracted by the CUSTOMER.

3.1. The subject of the contract consists of the contracted services in the form and conditions established for each of them in the specific conditions, being carried out according to the established specifications.

3.2. These services will be provided within the technical limitations of the systems used by the CUSTOMER.

3.3. Any possible modification in a contracted service will be carried out at the request of the CUSTOMER by written request to the COMPANY's address, through reliable notification to their account executive, or by email to clientes@alto-impacto.es. The COMPANY will assess the possibility of such modification, communicating the costs that may be incurred, which must be accepted by the CUSTOMER.

3.4. The CUSTOMER accepts adaptations of the contracted services to technological advances or to other products of different range or similar or higher functionality, provided that it does not imply a substantial modification of the contracted services, and it will in no way be considered a possible contractual breach by the COMPANY but rather an improvement in the service provision.

4.1 The contract enters into force and takes full effect from the CUSTOMER's acceptance with the formalization of the contract.

4.2 The initial duration of the contract is that contracted for each service, being annual if no term is indicated in the service provision. Once the initial term has elapsed, the contract will be automatically renewed for each contracted service for equal periods of time to those initially agreed. The customer may cancel this automatic renewal by notifying the COMPANY in a reliable manner with a minimum notice of thirty (30) calendar days before the expiration date of the initial term or any of its renewals.

4.3 The start of services in which the provision of information, content or material by the CUSTOMER is necessary is subject to this delivery, which also operates as a possible cause for contract termination. If this delivery is not made, the COMPANY may communicate its non-acceptance of the contract, which will be automatically terminated. The start date of the services will begin, at most, 30 days after the delivery by the CUSTOMER of the information, content or material necessary for the provision of the service.

5.1. Prices. They are those established in each specific condition for each service provided, such amount being increased with the applicable and current taxes at any time, applying in its case the appropriate tax withholdings. Discounts and other rights derived from any promotion that may have been agreed will be effective exclusively in relation to the contracted services, and the validity of such promotions.

5.2 Payment. The CUSTOMER undertakes to timely payment in accordance with the agreed deadlines. The delay in the delivery of information, content or material by the CUSTOMER to the COMPANY that causes the impossibility of continuing to provide the service does not exempt payment of the agreed deadlines. If such delay makes the execution of the service impossible, the CUSTOMER must pay 25% of the amount of the service, even if this service is not being provided.

5.3 Advance payments. The COMPANY may require advance payments in the following cases: (i) for new customers who make their first contract; and (ii) for certain specific products that are necessary to be able to provide the contracted service.

5.4 Non-payment. (a) The COMPANY reserves the right to temporarily suspend the services provided in the event of any incident experienced in the collection of the service and/or for non-payment until the contract is resolved. If the customer does not proceed to pay what is due after the notice of temporary suspension, they will be definitively removed from the service for breach of contract on their part. It will also be considered a breach by the CUSTOMER in delays of payment of an installment for more than two months, entitling the COMPANY to terminate the contract. (b) Failure to pay for extra resources and applications, that is, those not included in the price of the main services, will cause interruption of the main service. (c) If a payment has been split and any payment deadline is breached, the remaining deferred payments will be deemed due in advance, and the total outstanding amount may be claimed. (d) Delay in payment for any cause and total or partial withdrawal at the will of the CUSTOMER will render any discounts or rights derived from any promotion void, without the need for notice or requirement by the COMPANY. (e) The CUSTOMER will automatically be in default by mere non-compliance with payment within the agreed term and therefore must pay the COMPANY default interest and collection costs that have accrued, in accordance with the provisions of Law 3/2004 on late payment in commercial transactions, without the need for a due notice or any demand by the COMPANY. (d) The COMPANY may claim from the CUSTOMER the damages that may proceed for an early termination of the contract at the request of the CUSTOMER or due to their cause.

6.1 Hosting

(a) The hosting services offered are: (i) Service conditioned on the rest of the services contracted by the CUSTOMER, for example, for hosting the CUSTOMER's website or email service, in which there is no access to the control panel or FTP service, and (ii) Exclusive hosting service for the CUSTOMER, which the CUSTOMER uses under their responsibility, with storage space on a server reserved solely for the CUSTOMER and accessible from the Internet, linked to the domain name selected by the CUSTOMER at the time of requesting the service registration.

(b) Powers of the COMPANY: (i) The COMPANY may suspend, with prior notice, the service to carry out necessary updates to the system or equipment. (ii) The COMPANY will make its own internal backups to guarantee the continuity of the contracted services in case of failure in its systems; however, it does not guarantee the backup that the CUSTOMER must perform. (iii) The COMPANY may: Interrupt or suspend the service due to requirements of competent governmental or judicial authorities. Urge the CUSTOMER to delete or remove the services from the website or the information that the COMPANY considers illegal, offensive or discriminatory, indicating that it may bring such facts to the attention of the competent governmental or judicial authorities and even suspend the service until their resolution. Interrupt or suspend the service or remove data or make access to them impossible in cases of manifest non-compliance with current legality, once the unlawfulness of the content has been declared by a competent body.

(c) The COMPANY will inform and collaborate with the competent authorities to make available to them all the information available in cases of illegal activities by the CUSTOMER.

(d) Liabilities of the COMPANY. If the COMPANY cannot provide the contracted service for a period of time, it will be responsible for the cessation of the service, limiting such liability to the refund of the amount paid by the CUSTOMER corresponding to the period of interruption of the service and, where appropriate, to the expenses paid by the customer that are related to the service.

(e) Prohibitions for the CUSTOMER. The CUSTOMER may not exceed the hosting or transfer space.

(f) Liabilities of the CUSTOMER. The CUSTOMER will be responsible for all consequences arising from the use of the domain's mail server and email addresses for spamming purposes (sending unwanted mass mail), bombing (sending large messages with the aim of blocking a server) or cryptocurrency mining. They will also be responsible for the messages they draft or send through the service by electronic means, as well as for the data they provide or the hyperlinks they use.

6.2 Programming

(a) The programming service includes: web programming, web applications, custom software and mobile applications as well as website maintenance.

(b) Obligations of the COMPANY. The COMPANY will provide the service by designing, structuring and coding the necessary software according to the functionalities requested by the CUSTOMER, within the deadlines agreed for each contracted service and as specified by the CUSTOMER.

(c) Obligations of the CUSTOMER. The CUSTOMER must initially specify in detail the specifications and functionalities required. Any request for changes, modifications or improvements during development and before completion of the service must be made in writing, with new prices and delivery deadlines negotiated in those cases.

6.3 Design

(a) The design service includes: web design, graphic design, audiovisual design and photography.

(b) Obligations of the CUSTOMER. (i) The CUSTOMER will always provide the following information (if it is data different from what has been stated in the Customer section of this contract): trade name, telephone, professional, business or commercial activity carried out, and email address and/or postal address. (ii) The CUSTOMER will provide all information, content or material necessary, upon signing the contract or at most within the following 15 days, guaranteeing that they are truthful and updated and that they respect what is established in section 7 on ownership.

(c) Responsibilities of the CUSTOMER. The CUSTOMER is responsible for the information, content or material provided to the COMPANY and for the entire content of their website.

6.4 Consulting

The consulting service consists of analysis and preparation of reports in the following areas:

(i) Strategic marketing plan and direction, including where applicable digital marketing and content marketing; (ii) Business strategy; (iii) Online reputation management; (iv) Marketing grants;
(v) SEO positioning; (vi) Web audit; (vii) Amazon agency.

6.5 Advertising dissemination.

(a) The advertising dissemination service includes: design and sending of newsletters, communications in digital and traditional media, commercial mailings by email and SMS, Google AdWords campaigns, Amazon Advertising services, content management, configuration and management of Google My Business and Google Street View, creation of profiles and communication on social networks, organization of events and influencer campaigns.

(b) The COMPANY is dedicated to creating and executing the advertising requested by the CUSTOMER, using the means considered necessary to carry out the dissemination of the advertising.

(c) The CUSTOMER is considered in all respects the advertiser.

(d) Powers of the COMPANY. (i) For the purpose of increasing as much as possible the dissemination of advertising in any medium, the CUSTOMER authorizes that it may be communicated to third parties, facilitating access to it as far as possible. (ii) The CUSTOMER agrees that the COMPANY may generate content (writing texts and including photographs and/or videos) for the better positioning of the CUSTOMER's website, for which, after being notified by the COMPANY, the CUSTOMER will review said contents to indicate possible modifications, understanding them as correct if they make no statement to the contrary. The CUSTOMER accepts that the content and material they provide for the service may be technologically adapted, fragmented and adjusted to the appropriate format for publication.

(e) Liabilities of the COMPANY. The Company will be responsible for errors and omissions of the elements that both parties consider essential in relation to the dissemination of advertising material or information, provided that they are directly attributable to it and are communicated by the CUSTOMER in writing in a reliable manner within 30 days from the date of the start of the advertising dissemination. For this purpose, and for advertising media where this is possible, the COMPANY will immediately correct, and in any case within a period not exceeding 7 days, the errors or omissions that are communicated to it.

(f) Obligations of the CUSTOMER. (i) The CUSTOMER will indicate the exact URL of the destination web page to which the advertising object will be redirected. (ii) The CUSTOMER must respect public order and the dignity of persons, not promote or carry out any type of discrimination on the grounds of race, sex, religion, opinion, nationality, disability or any other personal or social circumstance, not attack the protection of youth and childhood or the rights to personal and family privacy, and always respect freedom of expression and information. (iii) The CUSTOMER may not publish pornographic content or online betting or gaming websites that do not comply with current legality, distribute files, films, audiovisual material or software without having licenses and without respecting intellectual property rights, create repositories of other websites, nor resell or give away web space under a domain, subdomain or directory.

(g) Responsibilities of the CUSTOMER. (i) As advertiser they are responsible for the advertising content. (ii) Specifically, in the event that the advertising content contains references to advertising of draws, promotions or other contests, they must comply with all current regulations on games of chance, gambling or betting. (iii) They are also responsible for errors or omissions in the service due to not providing or not providing on time the information, content or material necessary, or due to defects or inaccuracies. (iv) For the content of their advertisements and for the use of trademarks, for infringements of intellectual or industrial property rights, for harm to rights of natural or legal persons, for infringement in the use of licenses, for the lack of granting of authorizations required by regulations or for not complying with the requirements demanded by the different professional associations when dealing with a regulated activity.

6.6 Management

(a) The service includes: registration, administration and transfer of domains, registering as a seller (seller) in an Amazon account, creating a brand store on Amazon and registering brands on Amazon.

(b) In the event of entrusting the COMPANY with the contracting of an Internet domain, the customer accepts that the COMPANY carries out on their behalf the necessary operations and requests for the registration, administration and management of said domain for their website. The domain registration will be carried out in accordance with the rules and regulations of ICANN (Internet Corporation for Assigned Names and Numbers – Corporation for the Assignment of Internet Names and Numbers) and the National Plan for Internet domain names for Spain. In the event that the customer has a domain, they accept that the COMPANY carries out the necessary procedures for its transfer and/or redirection.

(c) Specifically, the domain name holder authorizes the publication of the data on ownership of the same and the information on the administrative contact and technical contact that, according to the regulations in force established by ICANN and the competent registering organization, must be publicly accessible through Whois.

(d) In cases where the customer and the holder of a domain name are two different persons, responsibility for obtaining authorization for the publication of the necessary data for the domain name falls on the customer.

(e) The CUSTOMER is informed that in compliance with the policies of the public registers (Whois and Dominios.es) the data collected for registration, change of ownership and other procedures related to domain names are provided to the competent authorities in charge of the registration and management of domain names, both national and international, for the sole purpose of fulfilling the contracted service.

7.1 Content and creations by the COMPANY. In the event of creation of written, graphic or audiovisual content by the COMPANY, it reserves the intellectual property and exploitation rights over said content, without prejudice to the assignment of its use in some of the services provided to the CUSTOMER.

7.2 Content and creations commissioned by the CUSTOMER. If the creation of content is a service contracted by the CUSTOMER, the COMPANY reserves intellectual property and the exploitation rights are transferred to the CUSTOMER. In no case will the COMPANY transfer contents generated through techniques and practices of web positioning.

7.3 Content and creations provided by the CUSTOMER. If the content is provided by the CUSTOMER, they ensure that they have the intellectual property, or the corresponding Creative Commons license and exploitation rights for the content they provide to the COMPANY, being solely responsible for possible infringements of copyright or intellectual property.

7.4 Intellectual property of software developed by the COMPANY. The COMPANY acknowledges that the CUSTOMER will be the full owner of the intellectual property of the software developed.

7.5 Return of content and information to the CUSTOMER. At the end of the services provided, the COMPANY is only obliged to return the information and contents provided by the CUSTOMER that contain personal data for which they are responsible. The COMPANY may keep the rest of the information generated as a consequence of the provision of services to the CUSTOMER. In no case will contents generated by the COMPANY be delivered, such as techniques and practices of web positioning, SEO or SEM.

8.1. Access will be made through the CUSTOMER's web browser using their own Internet connection resources.

8.2. The COMPANY may interrupt the contracted services for the strictly necessary time in case it is necessary to carry out technical repairs or maintenance of the equipment, as well as for the improvement of the services themselves.

8.3. Where appropriate, the CUSTOMER will use the credentials (username and password) provided by the COMPANY, undertaking to safeguard them and keep them confidential, and being responsible for the improper or inadequate use of such credentials.

8.4. The COMPANY as service provider, in order to guarantee all the rights of the Customers, may: (a) Proceed to the supervision of the service, always respecting the secrecy of communications and without it implying an intrusion into the privacy of the CUSTOMERS. (b) Temporarily interrupt the service, without prior notice and at any time, for technological reasons, such as updates or system revisions.

8.5. For the correct and complete use of these services by the CUSTOMER they must have the appropriate technical, electronic or computer means necessary for each contracted service.

8.6. The COMPANY is not responsible for defects, deficiencies or the quality of the services that are a consequence of the use of unsuitable technical means by the CUSTOMER. This circumstance will be indicated and warned to the CUSTOMER so that they proceed to the replacement or improvement of said technical means, assuming the possible defects in the service provision if they do not proceed to such replacement or improvement.

8.7. The COMPANY will provide the technical assistance and support necessary for the correct and safe use of these services by the CUSTOMER.

The content of the contracts formalized with the CUSTOMER, as well as all data, documentation and information of any kind that the parties exchange between themselves as a consequence of the provision of services, will be confidential during their term, except for data intended for advertising dissemination and those for which their transfer or use by third parties has been authorized.

 

10.1 Personal data of the contracting parties

In accordance with article 19 section 2 of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (LOPD-GDD) in relation to article 6.1.f of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, relating to the protection of natural persons with regard to the processing of personal data and the free movement of such data (GDPR), the processing of your professional data is carried out based on legitimate interest, such processing being necessary for the development and execution of this contract (article 6.1.b GDPR) – billing and accounting of the services provided – and for compliance with the legal obligations derived from it (article 6.1.c GDPR) – compliance with tax obligations. The data controller is the COMPANY and its contact details are those expressed in this contract. These data are included in the processing for the provision of the contracted services, billing and accounting of them, and to comply with tax obligations, to make the necessary notices or communications and for internal administrative management. Your data will be kept during the commercial relationship and until the end of the limitation period of the legal actions derived therefrom (3 years for payment obligations, 4 years for tax obligations and 6 years for accounting obligations). With your personal data, no automated decisions are adopted nor profiles carried out. There are also no international transfers and they are not communicated or transferred except for compliance with legal obligations upon timely and proper requirement by public authorities. You may exercise your rights of access, rectification, erasure, limitation, portability and opposition by sending a digitally signed email to dpd@alto-impacto.es or by sending a signed letter attaching a copy of your D.N.I. to the COMPANY's contact address. In any case, if you consider it appropriate, you may file a complaint with the Spanish Data Protection Agency www.aepd.es. None of our servers are located outside the European Economic Area (EEA), therefore there are no international data transfers.

10.2 Processing on behalf of others

(a) For services that require processing personal data under the responsibility of the CUSTOMER (for example, Newsletter) the corresponding processing agreement on behalf of a third party will be formalized.

(b) No personal data under the responsibility of the CUSTOMER are processed in the rest of the services, respecting in any case for all information the obligation of confidentiality and the duty of secrecy as specified in section 9.

(c) Access to data by the COMPANY in cases of connections to the CUSTOMER's computer systems to resolve technical incidents is not considered processing on behalf of others.

(d) The connection to the server associated with the CUSTOMER's service to solve possible technical incidents that may occur in any of the services provided by the COMPANY is also not considered processing on behalf of others; the CUSTOMER grants authorization for the technical staff to connect to the server associated with said service in order to solve them. In no case will the intervention or the data accessed through it be used for purposes other than the resolution of the incident in the service, respecting in any case confidentiality and the duty of secrecy as per section 9.

(a) Unless expressly stated otherwise by the CUSTOMER, the COMPANY may publish the corporate image, trade name and website of the CUSTOMER in the “Success stories” or “Client section” of the COMPANY on the website alto-impacto.es

(b) The CUSTOMER expressly accepts that their data be used to receive information about services and products of the Company, by telephone, email or any other electronic communication means, as well as to carry out statistics, analysis, commercial prospecting and market segmentation for commercial purposes on them, in order to adapt them to the needs of the Customer. The CUSTOMER authorizes this processing until they expressly state their desire for them to be deleted, even in the event that they do not renew their commercial relationship with the Company.

(c) The CUSTOMER allows their web signature to be inserted on the web pages developed by the COMPANY, consisting of the text “Website designed by INTERCOSTA TRADE” or similar

12.1. The CUSTOMER may communicate to the COMPANY any incident that has arisen in the provision of a service. The response will be made as soon as possible and always within a period of 10 days, communicating in said response the resolution period of the incident.

12.2 The communication will be made to the email address clientes@alto-impacto.es stating: (i) identification data of the CUSTOMER, (ii) contracted service, (iii) date and detailed description of the incident.

12.3 Incidents relating to any charge made to the CUSTOMER's account must be communicated in a reliable manner within 60 days from the charge, and the COMPANY may not be claimed against after this period.

12.4 Possible incidents in the services provided do not in any case entitle non-payment or interruption in the payment of fees by the CUSTOMER.

12.5 The CUSTOMER may in any case make the claims they deem appropriate.

(a) Unless expressly stated otherwise by the CUSTOMER, the COMPANY may publish the corporate image, trade name and website of the CUSTOMER in the “Success stories” or “Client section” of the COMPANY on the website alto-impacto.es

(b) The CUSTOMER expressly accepts that their data be used to receive information about services and products of the Company, by telephone, email or any other electronic communication means, as well as to carry out statistics, analysis, commercial prospecting and market segmentation for commercial purposes on them, in order to adapt them to the needs of the Customer. The CUSTOMER authorizes this processing until they expressly state their desire for them to be deleted, even in the event that they do not renew their commercial relationship with the Company.

(c) The CUSTOMER allows their web signature to be inserted on the web pages developed by the COMPANY, consisting of the text “Website designed by INTERCOSTA TRADE” or similar

14.1 The COMPANY cannot guarantee that the availability of the services is continuous and uninterrupted during the period of validity of the contract, due to the possibility of problems in the Internet network, breakdowns in server equipment and other possible unforeseeable contingencies.

14.2 The COMPANY, although it has internal backups to guarantee the provision of services, cannot guarantee or be responsible for the loss or accidental deletion of data by the CUSTOMER.

14.3. The COMPANY is not responsible for the information, material or content stored on its servers at the request of the CUSTOMER provided that it does not have effective knowledge that the activity or the stored information is illegal or that it harms goods or rights of a third party.

14.4. The COMPANY cannot be held responsible for errors produced by access providers, for infection by viruses or malware on the CUSTOMER's equipment whose protection is their responsibility, and for erroneous, defective or inadequate configurations by the CUSTOMER.

14.5. The COMPANY cannot be held responsible for the rejection of legitimate email messages due to non-compliance by the CUSTOMER with the rules and criteria set for considering an activity as spam that are incorporated by the systems and spam filters of the COMPANY.

In matters not provided for in this contract, for its interpretation and for the resolution of conflicts that may arise between the parties, the applicable law is Spanish. Both parties submit to the Courts and Tribunals of Alicante, waiving their own jurisdiction if it were different.