I. Purpose, Amendments, and Services

1.1. These General Terms and Conditions, together with the Specific Terms, the relevant service descriptions, and the applicable price lists established in each case, shall govern the provision by HOSTGAR of web hosting services, domain name registration, servers, email services, applications, and software tools (hereinafter, «the Services»), as well as other services that may be offered to the CLIENT in the future in exchange for the corresponding remuneration. These Services shall grant the CLIENT a right to use the offered products, subject to the terms, conditions, and deadlines set forth in these General Terms and Conditions and, where applicable, in the Specific Terms.

1.2. These General Terms and Conditions shall prevail over any general conditions alleged by the CLIENT, unless expressly agreed otherwise in writing and accepted by HOSTGAR.

1.3. These General Terms and Conditions shall apply provided they do not conflict with the Specific Terms or unless Specific Terms have been established.

II. Rights and Obligations of the Parties

a) CLIENT

• 2.1. The CLIENT shall have the right to use the contracted Service(s) in accordance with the General and Specific Terms agreed in each case.

• 2.2. The CLIENT must use the contracted Service(s) in accordance with the agreed conditions, applicable legislation, and good faith.

• 2.3. The CLIENT must be of legal age, i.e., over 18 years old.

• 2.4. The CLIENT must pay the agreed remuneration for each Service in the terms and manner established in the Specific Terms and price lists.

• 2.5. The CLIENT must provide HOSTGAR with correct and complete data and notify HOSTGAR immediately of any changes. Required data include: full name, ID number, confirmation of legal age, address, email, phone, service holder, payment details (credit/debit card, bank account, or PayPal), and payment holder. For legal entities, legal form must also be provided.

• 2.6. The CLIENT accepts that the email address provided to HOSTGAR shall serve as the means of receiving any communication related to this contract.

• 2.7. The CLIENT is responsible for complying with applicable laws and regulations, including e-commerce, copyright, public order, and universal principles of internet use.

• 2.8. The CLIENT assumes ownership of all rights to any content hosted on HOSTGAR servers and shall be solely responsible for such content.

• 2.9. The CLIENT agrees NOT to use the Services in bad faith, including but not limited to:

  • Use contrary to Spanish law or third-party rights.

  • Publishing or transmitting violent, obscene, abusive, illegal, xenophobic, or defamatory content.

  • Using cracks, serial numbers, or content infringing intellectual property rights.

  • Collecting or using personal data without consent.

  • Using email servers for spam, phishing, or similar.

  • Storing files unrelated to hosting purposes.

  • Using email storage as a “virtual hard drive.”

• 2.10. The CLIENT must adopt security measures to preserve the confidentiality of login and password credentials.

• 2.11. In case of breach, HOSTGAR may terminate the contract and suspend services with 48 hours’ prior written notice (including email).

• 2.12. HOSTGAR may provide access to third-party applications, without endorsement or sponsorship. The CLIENT agrees to third-party terms when using such applications.

• 2.13. HOSTGAR guarantees that contracted Services will be provided as set forth in these General Terms and, where applicable, in the Specific Terms.

III. Fees and Payment

• 3.1. Fees listed are fixed and depend on the chosen plan.

• 3.2. HOSTGAR may increase fees with four weeks’ prior notice before the end of the quarter. Consent shall be deemed granted if the CLIENT does not object within four weeks.

• 3.3. The CLIENT will be informed of the final price, including applicable taxes, during the purchase process.

• 3.4. Invoices will be issued and sent by email, which the CLIENT accepts as the sole method of receipt.

• 3.5. In case of non-payment, the CLIENT shall bear collection costs and related expenses.

IV. Termination of Contract

• 4.1. The contract may be terminated by mutual agreement.

• 4.2. Either party may terminate the contractual relationship at any time without justification.

V. Personal Data Protection

• 5.1. HOSTGAR respects and prioritizes the protection of client data, complying with applicable legislation.

VI. Applicable Law and Jurisdiction

• 6.1. Spanish law shall apply to these General Terms.

• 6.2. The Parties submit to the competent courts for dispute resolution.

VII. Miscellaneous

If any provision of these General Terms is deemed invalid, the validity of the remaining provisions shall not be affected.

Specific Terms for Domains and Premium Services shall be drafted according to HOSTGAR structure and needs, following the same logic and adapting terms to the services offered.