Terms and Conditions

Effective date: 1 January 2025

By registering for our services or paying an invoice, you (“Customer”, “You” or “Your”) accept these Terms and Conditions (“Terms”). Please read them carefully. If you do not agree to these Terms, you must not use our services.

A QR code on every invoice links to this page. By accepting the invoice, you accept these Terms.

1. Summary

CloudHost.es (Tax ID/VAT: ESY1324210E) (“We”, “Us” or “Our”) offers the following services:

• Website design and development
• Digital product design and development
• Managed hosting services (included by default in every project)
• IT infrastructure maintenance:
  • Systems and networks at the customer’s offices
  • Customer’s private cloud environments
  • Preventive/corrective support and maintenance
  • Backup and recovery management
  • System monitoring and management
• Other related services as agreed

2. Scope of Services

2.1 Design and Development

We will design and develop your website or digital product according to the agreed project plan. This includes:

• Documenting your original request and providing a roadmap detailing:
  • The data and content we need from you
  • The approximate timelines to complete each step of the project and reach the expected MVP

Important Notes:

Dependence on Content Delivery:

• Our work depends heavily on the timely delivery of content
• Any delay in delivering content requested for a specific step:
  • Will push back the timeline for that step and the final delivery to unspecified dates
  • Will cause your project to lose priority in our workflow
• Some steps cannot begin until we have received the requested content in full

Content Submission Requirements:

• We will only accept content uploaded to a shared online drive (e.g. Google Drive, OneDrive, NextCloud, etc.), which we will provide you with
• Content sent through other channels (e.g. WhatsApp, email) will not be accepted

MVP (Minimum Viable Product) and Changes Policy:

• We will prepare an MVP based on the information and content you provide
• You will be entitled to one round of free changes after delivery of the MVP
• Any additional changes will incur fees, payable in advance

2.2 Managed Hosting

Managed hosting is included by default in every project. Our services include:

• Weekly and daily backups (subject to specific limits)
• Continuous security monitoring
• Technical support according to your contracted plan
• Server updates and maintenance

3. Your Responsibilities

You agree to:

• Provide all necessary content, resources and feedback within the agreed timelines
• Ensure that all content provided is accurate, original and legally permissible
• Review and approve work in a timely manner to avoid delays
• Comply with the established payment schedule
• Keep regular backups of your data OFF-SITE
• Check your site frequently to identify potential issues
• Ensure that the information displayed is accurate and legally permissible
• Use our services only for website hosting purposes
• Keep your CMS updated and extensions properly licensed
• Not send unsolicited emails from our systems
• Not host any type of illegal content

4. General Terms of Service Use

4.1 Content

Contracted services must be used exclusively for lawful purposes. While using the services, the Customer may not:

• Disclose or transmit illegal, abusive, defamatory, racist or offensive information
• Publish or distribute software containing viruses or harmful components
• Use pirated software or infringe intellectual property rights
• Install unauthorised online gaming platforms
• Use cryptocurrency mining software on shared servers

4.2 Denial or Cancellation of Service

We reserve the right to deny or cancel contracted services, with or without prior notice, if the Customer engages in any conduct or activity we deem abusive or that violates these Terms.

4.3 Confidentiality

• We will keep your information confidential in accordance with the Personal Data Protection Law
• The Customer is responsible for keeping their account information secure
• Domain information will be publicly available in accordance with ICANN policies

5. Technical Limitations

Databases

• Maximum 3 GB per database
• Exceeding this limit may result in temporary suspension

Email Sending

• 100 emails per hour per mailbox
• 400 emails per hour per domain
• Maximum 25 recipients per mailbox
• Attachments: maximum 70 MB (mail client) or 50 MB (webmail)

6. Intellectual Property

6.1 Your Content

You warrant that all content you provide is original or properly licensed.

6.2 Our Work

• We will assign you all intellectual property rights to the delivered work after full payment
• We retain ownership of unused elements, frameworks and templates
• We reserve the right to showcase your project in our portfolio

7. SLA and Availability

We commit to 99.5% monthly uptime. Service credits will be applied according to the following scale:

• 99.5% or above: 0%
• Between 99.0% and 99.49%: 10%
• Between 88.0% and 98.99%: 20%
• Below 88.0%: 30%

7.1 SLA Exceptions

No service credits will apply in cases of:

• Scheduled maintenance
• Force majeure events
• Third-party actions
• Issues caused by the Customer
• Internet network failures
• Breach of the Terms of Service

8. Payments and Billing

8.1 Design and Development Payments

• First payment: 30% upon requesting the service
• Second payment: 40% upon delivery of the MVP
• Third payment: 30% before launch

8.2 Hosting Payments

• Paid in advance upon contracting
• 2-month discount for annual payment
• Renewals must be paid before expiry

8.3 Late Payments

Late payments will accrue interest in accordance with applicable law.

9. Technical Support

9.1 General Support

• Ticketing system with response time under 24 hours
• Coverage every day of the week

9.2 VIP Plan

• Response time under 1 hour
• Priority phone support

10. Backup Policy

• We run disaster-recovery backups for all accounts that do not exceed:
  • 5 GB of email
  • 5 GB of web files
  • 150,000 inodes
• The Customer is responsible for keeping their own backups
• Backups are not guaranteed and do not replace the Customer’s own responsibility

11. Force Majeure

Neither party will be liable for delays or failures caused by events beyond its control, such as natural disasters, pandemics or wars.

12. Limitation of Liability

• We are not liable for loss of profits, savings or other indirect damages
• Our liability to you is limited to the total amount paid under this agreement

13. Governing Law

This agreement is governed by the laws of Spain. Any dispute will be resolved in the courts of Palma, Balearic Islands.

14. Anti-SPAM and Bulk Email Policy

14.1 Anti-SPAM Policy

CloudHost.es takes a strict stance on SPAM email. The Customer agrees not to transmit unsolicited advertising by email or any other means on the Internet. Non-compliance will lead to immediate suspension of services.

Consequences:

• Immediate service suspension
• €50 reactivation fee
• A suspension screen will be shown until payment of the fine is verified

SPAM reports can be sent to abuse@palma.solutions

14.2 Bulk Email Sending

The Customer may only carry out bulk email sending through services specifically designed for that purpose. For bulk sending, the Customer must:

• Consult with technical support beforehand
• Follow the instructions provided
• Respect the established limits

14.3 Sending Limits

• Launch and Growth plans: 100 emails/hour per account
• Cloud Servers and Dedicated: 2,000 emails/domain/hour
• Menorca and Mallorca plans: 500 sends/hour
• VIP plan: 1,000 sends/hour

14.1 Configurations and Privileged Access

Customers with privileged (root/administrator) access must maintain certain basic security configurations:

• Password management:
  • We recommend keeping the originally assigned password
  • If changed, it must be provided to the support team when needed
  • We recommend creating new users rather than modifying the main user

14.2 Technical Requirements

The server must:

• Respond to Ping (Packet Internet Groper)
• Keep SNMP active and properly configured for monitoring
• Have an active firewall that blocks all traffic by default
• Keep the original server name and correct FQDN configuration

14.3 Restrictions and Services

Access must be properly configured and restricted for:

• DNS servers (open resolvers)
• NTP servers
• Proxy servers (Squid)
• Memcached servers
• MongoDB servers

The following is prohibited:

• Using the servers to bypass mobile ISP bandwidth restrictions
• Installing “HTTP injection” software (dropbear, badvpn, openvpn, shadowsocks, stunnel)
• Installing operating systems other than those offered in our catalogue

14.4 Compliance

We reserve the right to suspend the service without prior notice if:

• Anomalies are detected in the configurations mentioned above
• The security or integrity of the service is compromised
• Unauthorised operating systems are installed

15. Domain Registration and Management

15.1 Domain Registration

• Registration is subject to availability
• Begins after payment verification
• No modifications or refunds after registration
• The Customer accepts ICANN policies

15.2 Registrant Obligations

The Customer must provide and keep the following up to date:

• Full name
• Postal address
• Email
• Phone
• Technical and administrative contact details
• DNS server information

15.3 Renewals

• Payment required before expiry
• Auto-renewal option available
• Grace periods vary by domain type
• No liability for loss of a domain after the grace period

15.4 Transfers

• Requires an authorisation code (auth-code)
• Minimum 60 days since registration or last transfer
• Subject to registrar and registry policies

16. Technical Support and Communication

16.1 Support Channels

• Help desk: https://cloudhost.soporte.biz
• Technical support: 24/7/365
• Administrative queries: Monday to Friday, 9am-6pm (Spanish time)

16.2 Abuse Reports

• Email: abuse@palma.solutions
• Abuse reporting portal: https://cloudhost.soporte.biz/

17. Money Back (Right to a Refund)

17.1 Eligibility

The right to request a refund of amounts paid to CloudHost.es for services rendered is valid only for managed hosting plans.

17.2 Requirements

For a refund request to be considered, the following conditions must be met:

1. Request Deadline:
   • Must be made within the first 30 days of the original service
   • In the case of plan changes, the purchase date of the first service applies
2. Service Status:
   • The plan must be ACTIVE
   • Cancellation of the service must not have been requested before or during the refund request
3. Justification:
   • The request must be based on justifiable facts
   • It must be shown that the Customer experienced technical issues with the service provided

17.3 Refund Process

• CloudHost.es will evaluate each request individually
• The refund will be made via an agreed method
• Commission or financial charge amounts will not be included
• Applicable administrative costs will be deducted

17.4 Exclusions

• Account credit balances are not refundable
• Payments made in error will be assessed on a case-by-case basis
• Bank or payment-processing fees are not included in the refund

19. Chargebacks

19.1 Chargeback Procedure

In the event of a chargeback request for a payment made by credit card:

1. All services associated with the customer area linked to the disputed payment will be immediately and temporarily suspended
2. Services will remain suspended for 48 business hours
3. The user must resolve the situation using an alternative payment method
4. If unresolved, all suspended services will be permanently cancelled

19.2 Consequences

• Permanent deletion of all associated content
• CloudHost.es is not liable for loss of information
• It is the user’s responsibility to keep backups of their content

20. Data Protection and GDPR

20.1 GDPR Compliance

CloudHost.es complies with the European Union’s General Data Protection Regulation (GDPR), which governs:

• The storage of personal data
• The transmission of information
• Users’ rights
• Data processors’ obligations

20.2 Scope

Applicable to organisations that:

• Collect data from EU citizens
• Process personal information
• Store data of European residents
• Operate within or outside the EU

20.3 CloudHost.es Commitments

• Transparent data processing
• Appropriate technical and organisational measures
• Records of processing activities
• Notification of security breaches
• Impact assessments where necessary

20.4 User Rights

Users have the right to:

• Access their personal data
• Rectify incorrect information
• Request deletion of data
• Object to processing
• Data portability

20.5 Security Measures

• Encryption of sensitive data
• Continuous monitoring
• Regular audits
• Security updates
• Staff training

21. Domain Reputation in Email Sending

21.1 Reputation Levels

Excellent

• Hard bounce rate ≤ 5%
• Complaint rate ≤ 0.2%
• Evaluation period: last 30 days

Regular

Reached when either of these conditions is met:

• Hard bounce rate between 5% and 7% over the last 30 days
• Complaint rate between 0.2% and 0.7% (with a sending volume other than 1,000 emails in 30 days)

Poor

• Parameters outside the Excellent and Regular reputation ranges
• Consequence: automatic email sending block
• Reactivation: automatic once Excellent/Regular reputation parameters are reached again

Not Available

• Applies to domains with fewer than 1,000 sends in 30 days
• Cannot be classified into the above categories

21.2 Notifications

• An automatic notification will be sent to the account email when reputation status changes
• The notice will include the current status and recommended actions

21.3 Monitoring and Management

• Continuous evaluation of sending metrics
• Automatic status updates based on behaviour
• Tracking tools available in the control panel

22. IT Infrastructure Maintenance

22.1 Scope of Service

CloudHost.es provides maintenance and management services for:

• Physical infrastructure at the customer’s offices
• Private cloud environments
• Backup systems
• Networks and communications
• IT security systems

22.2 Customer Responsibilities

22.2.1 Insurance and Liability

• The Customer is directly responsible for all of their IT assets
• Must maintain adequate insurance covering:
  • Damage to equipment and hardware
  • Data loss
  • Business interruption
  • Cyber risks
  • Third-party liability

22.2.2 Software and Licences

The Customer must:

• Use only software with valid, up-to-date licences
• Keep an up-to-date record of all licences
• Ensure compliance with licence terms
• Budget for necessary renewals

22.2.3 Updates and Security

The Customer must not decline:

• Recommended security updates
• Critical system patches
• Firmware updates
• Necessary infrastructure upgrades
• Manufacturer recommendations

22.2.4 Data Protection

The Customer must follow established policies for:

• Password management
• Access control
• Information classification
• Personal data protection
• GDPR compliance

22.2.5 Backups

It is mandatory to:

• Maintain backups as established
• Periodically verify backup integrity
• Store copies off-site
• Document recovery procedures

22.3 Technical Recommendations

The Customer must follow CloudHost.es’s recommendations regarding:

• System architecture
• Security configurations
• Access policies
• Operating procedures
• Business continuity plans

22.4 Disclaimer of Liability

CloudHost.es will not be liable for:

• Losses caused by failure to follow technical recommendations
• Damage arising from unlicensed software
• Problems caused by declining critical updates
• Preventable security incidents
• Data loss due to inadequate backups

22.5 Audits and Compliance

CloudHost.es reserves the right to:

• Carry out periodic audits
• Verify policy compliance
• Request licence documentation
• Require security fixes
• Suspend the service in cases of serious non-compliance

23. Modifications and Cancellation

• We reserve the right to modify these Terms with 30 days’ notice
• Cancellation requires written notice 30 days in advance
• All work completed up to the cancellation date must be paid for

15. Acceptance of Terms

By registering for our services or paying an invoice, you tacitly accept these Terms and Conditions. A QR code on every invoice links to this page. Accepting the invoice constitutes acceptance of these Terms.