These Terms and Conditions govern the contracting and delivery of services offered by María Concepción García Navas, trading as Grafitto (“Provider”).
- Tax identification number
- 77468166A
- Address
- Calle Alcalde José Herrera 18 ático, 29700 Vélez-Málaga, Málaga, Spain
- Phone
- 623102743
- Contracting and support email
- privacy@grafitto.es
- Website
- grafitto.es
1. Scope and order of application
These Terms govern VPS and cloud VPS servers, shared hosting, domain registration, renewal, transfer and management, email and hosting tools, software development, and advanced technical services when contracted.
The contract also includes the applicable service-specific terms, accepted quotation, and current price list. Service-specific terms and an accepted quotation prevail over these Terms in case of conflict.
2. Acceptance and communications
Contracting a service means accepting these Terms in full. The Provider may update them for legal, technical, organisational, or security reasons. The customer email address is a valid channel for service, support, billing, and contractual communications.
3. Customer requirements and data
The customer confirms that they are at least 18 and legally capable of contracting. They guarantee that the information supplied is accurate, complete, and current, and are responsible for consequences arising from inaccurate or outdated information.
4. Contract formation
The contract is formed when the service request and terms are accepted, payment or the quotation is accepted, and the Provider confirms activation. The Provider may reject or cancel requests showing fraud, technical risk, unlawful use, or previous breach.
5. Prices and billing
Prices are those published or agreed in writing. Unless stated otherwise, prices exclude applicable indirect taxes. Invoices may be issued electronically. Renewal prices may be updated with reasonable notice where required.
6. Payment and non-payment
Payment is made in advance unless otherwise agreed. For recurring services, the customer authorises charges through the supplied payment method. Non-payment may result in suspension, justified charges, and termination if it persists. Suspension does not cancel amounts already due.
7. Duration, renewal, and cancellation
The initial duration is the period contracted. Recurring services may renew automatically unless cancelled before the deadline stated in the customer area, invoice, or service terms. Cancelling one additional service does not automatically cancel other active services.
8. Customer obligations
The customer must use the services diligently, protect access credentials, maintain independent backups, cooperate with incident resolution, and comply with law and third-party rights. The customer is solely responsible for hosted content and the legality of data processed in their services.
9. Acceptable use
Spam, phishing, scams, malware, network attacks, unlawful software, copyright infringement, activity that degrades shared infrastructure, and abusive use of hosting or email are prohibited. The Provider may limit, isolate, block, or immediately suspend an affected service where there is a risk to the network, third parties, or the platform.
10. VPS and shared hosting
Resources are supplied according to the contracted plan. Unless managed administration is purchased, the customer is responsible for the operating system, patches, security, applications, and configuration. Shared environments have reasonable CPU, memory, process, I/O, inode, and mail limits.
11. Support and service levels
Support is provided through the published channels and hours. Response times are reasonable targets and are not an absolute guarantee unless an express SLA applies. Consulting or advanced administration outside the plan is not included in standard support.
12. Suspension, termination, and liability
The Provider may suspend or terminate services for non-payment, serious or repeated breach, legal or authority requirements, or technical and security risk. The Provider is liable as required by applicable law, but is not liable for indirect damage, lost profit, third-party incidents, force majeure, or the customer’s own actions where exclusion is lawful.
13. Domains
Domain services depend on the policies of the relevant registrars and registries, including ICANN and ESNIC where applicable. The customer is responsible for accurate holder and contact data and for ensuring that the requested domain and its use do not infringe third-party rights. Expiry, redemption, transfer, and dispute procedures are governed by the applicable registry rules.
14. Advanced technical services
Migrations, optimisation, interventions, specialist support, and custom work are provided under an expressly accepted quotation. The customer must provide the access, information, materials, approvals, and current backups needed. Changes outside the approved scope may require a new estimate.
15. Data protection
Personal data is processed under the Privacy Policy. Where the Provider processes customer data on the customer’s behalf, the parties will enter into an appropriate data processing agreement.
16. Consumers, complaints, and jurisdiction
Consumers retain any statutory right of withdrawal and other mandatory rights, subject to lawful exceptions such as service execution beginning with express consent. Complaints may be sent to privacy@grafitto.es or the postal address above.
These Terms are governed by Spanish law. Consumer disputes are subject to the courts legally competent to hear them. In professional or business relationships, and unless mandatory law provides otherwise, the courts of Málaga will have jurisdiction.