Legal information

CDS, Terms of Service Agreement.
Introduction.
SW Hosting Terms of Service. The first part of our Terms of Service is an introduction, which is structured in a question-answer fashion and sets out some high-level concepts before delving into other terms.
Glossary
CMS: Total monthly cost of the service, including add-ons and extras.
CTB. Amount payable for early termination of service.
FBS. Effective date of service termination.
FCS. Date of service contracting
FFC. Date of termination of the service contract
FPP. Date of end of monthly period of service
HNI. Time of incident notification
IAA. Adjustment amount of the period of discharge of a service
DML. Service availability limit
MRI. Maximum time to restore an incident
MXI. Maximum time of intervention in an event
PPS. Period of service billing
TMD. Minimum time of availability
TIS. Time of intervention in an incident
TRS. Service restoration time
TTD. Total time of availability of the service
TXI. Maximum time of unavailability
PGES. Supported Services and Software document. Available at https://www.swhosting.com/PGES
CDS. Terms of Service Agreement.
DPA. Data Processing Agreement.
PDP. Privacy Policy
PUA. Acceptable Use Policy
SLA. Service Level and Quality Agreement.
TDS. Terms and Conditions of Service.
TDT. Agreement for the treatment of third party data.
RGPD. RGPD Data Protection Policy for EU.
CCPA. California Consumer Privacy Information.

Schedule of hours.
All times and dates specified in these CDS are calculated as of GMT+2.
Which documents make up the Terms of Service.
We refer to the terms of service as the "CDS".
This page sets out the core of our terms of service, but we also have other contract documents that you may consider as additional terms for specific topics. From a legal standpoint, these other documents are incorporated by reference as if they were written here and are part of the general CDS. Therefore, you should also review these other documents, which can be found at the links below:
Data Processing Agreement, which describes the terms of data processing on your behalf through our Services.
Quality Criteria or SLAs of the service. Stipulates the basis for the analysis of the correct operation of the service .
Policy of Acceptable Use PUA, which describes the prohibited uses of our Services .
Privacy Policy, which describes how we collect, use and share data on our websites and services, including the RGPD data protection policy for residents or data located in the USA.
To whom do these terms of service apply?.
When we refer to SW Hosting US, LLC we will use "SW Hosting", as well as when we do not refer to its parent companies, affiliates and subsidiaries.
When we refer to the "User/Customer", we are talking about you, and we will also use the word "CUSTOMER". Who the "CUSTOMER" is may be more complicated if you are using our services on behalf of a company, organization or other entity. In that case, you are communicating to us that you have the authority to bind your company, organization or other entity to these terms of service and that you agree to be legally bound by these terms of service on behalf of that entity, then the word the "CUSTOMER" refers to that entity. If you are not sure what this means or whether you are authorized to bind your company, organization or entity to this contract, you should ask others in your organization for clarification of their authority.
What are the terms of service?.
These terms of service are a binding contract between the CUSTOMER and SW Hosting, and cover all offerings, websites, products, services, features, content, applications and other things we offer to Customers like you.
We will periodically differentiate between our websites such as www.swhosting.com or www.swpanel.com (which we will refer to collectively as the "Websites") and all of our other services, such as our cloud infrastructure and other paid services (which we will refer to collectively as the "Services").
When do these terms of service apply to me?.
First, you should understand that this is a legally binding contract that is required to use our websites and services. Therefore, you may only use our websites and services if you agree that you have read, understood and accepted these CDS.
If you sign up for the Services or create an account through our websites, these CDS will take effect when you click "I Agree" or any other function that indicates your acceptance of the terms. If you purchase the Services through a separate written agreement, these Terms of Service are incorporated into that agreement, whether or not it is referenced. Regardless of these other methods, when the CUSTOMER accesses or uses our websites and services, these terms of service apply and are legally binding on the CUSTOMER and their access and use. These are common examples, and this paragraph does not necessarily include all other ways in which the CUSTOMER may be bound by these CDS.
What happens to disputes under these CDS?.
One of the requirements of our CDS is that the CUSTOMER agrees to resolve any disputes directly between him/her and SW Hosting without the use of arbitration. SWHosting will always listen to your arguments and offer the best possible solution for the CUSTOMER. The resolutions of disputes arising from the services regulated by this CDS are set out in detail in the section on SLA or quality of services. The CUSTOMER may still take cases to court, but accepts the regulation of the maximums of his claim based on the criteria established in our SLAs, not being able to request compensation of any kind beyond what is established in the SLAs.
You must understand that this means that neither the CUSTOMER, nor SW Hosting will have the opportunity to resolve disputes in court before a judge or jury. The CUSTOMER will not be able to present claims in a conventional trial and will not be able to participate in a class action based in court or in a similar procedure.
TDS, Terms and Conditions of Service.
1. Eligibility and registration
1.1. Before using our Websites and Services, the CUSTOMER, must ensure that such use complies with all applicable laws, rules and regulations. Your right to access the Websites and Services is revoked to the extent that such use is prohibited or to the extent that our provision conflicts with any applicable law, rule or regulation. The CUSTOMER is responsible for making these decisions before using the Websites and Services.
1.2. In order to access the Websites and the Services, the CUSTOMER represents and warrants that (i) it is 18 years of age or older; or (ii) it has sufficient legal consent, permission and capacity to use the Websites and the Services in the applicable jurisdiction(s) as determined by the CUSTOMER.
1.3. To access the Services and some features of the Websites, you must register for a customer account ("Account"). When you register for your Account, you may be asked to provide SW Hosting with certain information about the CUSTOMER, such as your name, email address and a valid form of payment, and you may also provide optional information about the CUSTOMER on a voluntary basis. The account information, as well as the use and disclosure thereof, are subject to the Privacy Policy and the Data Processing Agreement.
1.3.1. In the event that any clause of this CDS is declared null and void, the other clauses shall remain in force and shall be interpreted taking into account the will of the parties and the same purpose of these conditions.
1.3.2. It is not technically possible that the CUSTOMER can formalize any type of contracting with SW Hosting through our websites without the acceptance of the CDS.
1.3.3.3. At the time of activation of your Customer Account, under a secure environment, the public IP of access of the user, the date and the exact time of the transaction, along with the data necessary to validate the legality of the acceptance of these CDS will be recorded.
1.3.4. The CUSTOMER agrees at all times to provide real data to SW Hosting, being solely and exclusively responsible for the falsification of such data.
1.3.5. The CUSTOMER authorizes SW Hosting to block the service covered by this contract in case of detection of falsity in the data provided or in any payment system that the CUSTOMER has used during the time of activation.
1.3.6. SW Hosting may not exercise any of the rights and powers conferred in this CDS, which does not imply in any case the waiver thereof, unless expressly acknowledged by SW Hosting.
1.4. SW Hosting may, in its sole discretion, refuse to provide or continue to provide the Websites and Services to any person or entity and change the eligibility criteria at any time, including if the CUSTOMER does not comply with the Terms of Service. SW Hosting reserves the right to deactivate, cancel, prevent access, disable services and/or delete any Account or access to the Websites and Services at any time in its sole discretion.
2. SW Hosting's Proprietary Rights
2.1. As between the CUSTOMER and SW Hosting, the Websites and the Services are owned and/or provided by SW Hosting. The names, logos, trademarks, trade dress, arrangements, visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services and all other elements of the Websites and Services ("Materials") provided by us are protected by intellectual property and other laws. All Materials included in the Websites and Services are the property of SW Hosting or its third party licensors. CUSTOMER may only use the Websites and Services as expressly authorized by us and as set forth in these Terms of Service. CUSTOMER shall respect and maintain all intellectual property notices, information and restrictions contained in the Websites and Services. SW Hosting reserves all rights in the Websites and Services that are not expressly granted in these Terms of Service.
2.2. If you choose to provide information and suggestions regarding problems or proposed modifications or improvements to the Websites and Services ("Feedback"), you hereby grant to SW Hosting an unrestricted, perpetual, irrevocable, non-exclusive, fully paid-up and royalty-free right to exploit the Feedback in any manner and for any purpose, including improving the Websites and Services and creating other products and services.
2.3. The CUSTOMER authorizes SW Hosting to include its name, logos and trademarks in our promotional and marketing materials and communications.
2.4. Some of the Materials provided by SW Hosting are licensed under one or more open source, Creative Commons or similar licenses (collectively, "Open Source Licenses"). Nothing in this CDS prevents, restricts or is intended to prevent or restrict CUSTOMER from obtaining such Materials under the applicable Open Source Licenses or to limit their use under such Open Source Licenses.
2.5. Subject to your full and continued compliance with this CDS and our rights hereunder, SW Hosting grants you a limited, non-exclusive, non-transferable, non-sublicensable, non-sublicensable and revocable license to access and use the Websites and/or the Services as described in and subject to this CDS.
3. Content of the Services
3.1. Our Services allow you to provide us with source code, files, software, processes, interfaces, data, data, text, configurations, media or other information for storage, hosting or processing by the Services (your "Services Content").
3.2. Subject to this CDS, by providing your Services Content through the Services, the CUSTOMER grants SW Hosting a license to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your Services Content solely for the purpose of providing the CUSTOMER with the Services.
3.3. As between the CUSTOMER and SW Hosting, the CUSTOMER retains any copyright and other proprietary rights it may have in its Services Content.
3.4. Some of our Services allow third parties to access, use or contribute to your Services Content, including through resale, their own products and services, or public-facing websites, applications, interfaces and other manifestations of your Services Content. These other users are collectively defined as your "End Users" for purposes of these Terms of Service. For clarity, "End Users" in this context includes all other users, regardless of whether they are intermediary parties, End Users of other End Users or the like. The CUSTOMER is responsible for its End Users' compliance with these CDS.
3.5. The CUSTOMER is solely responsible for the Content of its Services, End Users and any activity of its End Users, and agrees that SW Hosting is not and shall not be in any way responsible for the Content of its Services, End Users and/or the activity of its End Users. By providing its Services Content through the Services, the CUSTOMER affirms, represents and warrants that:
3.5.1. Its Services Content, and the CUSTOMER's or its End Users' use of its Services Content, will not violate these Terms of Service (including the PUA) or any applicable laws, regulations, rules or third party rights;
3.5.2. The CUSTOMER is solely responsible for the development, moderation, operation, maintenance, support and use of its Services Content, even when its Services Content is contributed by its End Users;
3.5.3. The Content of its Services and the use that the CUSTOMER or its End Users, make thereof, does not infringe, violate or misappropriate any third party rights, including copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, rights of publicity or any other intellectual property or proprietary rights; (ii) libels, defames, defames, libels or invades any other person's right of privacy, publicity or other proprietary rights; or (iii) causes SW Hosting to violate any law, regulation, rule or third party rights.
3.5.4. Except for specific Services provided to you under these Terms of Service or other express contract, the CUSTOMER, is solely responsible for the technical performance of the Content of its Services, including on behalf of its End Users.
3.6. CUSTOMER is responsible for properly configuring and using the Services and for taking its own measures to maintain adequate security, protection and backup of its Services Content, which may include the use of encryption technology to protect such Content from unauthorized access and routine archiving of such Content. SW Hosting does not undertake to maintain any retention or backup of the Content of its Services. CUSTOMER is solely responsible for the integrity, preservation and backup of its Services Content, regardless of whether its use of the Services includes a SW Hosting backup feature or functionality, and to the fullest extent permitted by law, SW Hosting shall have no liability for any loss of data, unavailability, or other consequences related to the foregoing.
3.7. When purchasing the Services, the CUSTOMER may specify the geographic region and jurisdiction in which the Content of its Services will be stored. The CUSTOMER consents to the storage of its Services Content in, and the transfer of its Services Content to, the geographic region and jurisdiction the CUSTOMER selects. Unless otherwise agreed in writing between the CUSTOMER and SW Hosting, the CUSTOMER agrees that SW Hosting may transfer and store its Services Content in other geographic regions or jurisdictions at its sole discretion. CUSTOMER represents and warrants that such storage and transfer are properly consented to by CUSTOMER and permitted in accordance with applicable laws, regulations, rules and third party rights.
4. Use of SWPanel
4.1. SW Hosting, offers SWPanel to the CUSTOMER in its free mode, as a communication tool between the CUSTOMER and SW Hosting, as a communication channel, as a zone of access to the Technical Support Area and the Administrative and Financial Area of SW Hosting.
4.2. SW Hosting offers the CUSTOMER, in addition to other versions of SWPanel different from the free one.
4.2.1 The CUSTOMER may have other modalities of use/activation of SWPanel that are subject to the contracting/acquisition of licenses and monthly fees by the CUSTOMER. These modalities will be presented as options to the CUSTOMER. During the contracting/activation process of any of these modalities, the CUSTOMER will be notified of the exact and detailed license costs.
4.3. All the SWPanel use and rental costs, as well as its conditions of use, are permanently published, and the CUSTOMER may file, print and consult them.
4.4. The use of SWPanel is established on the basis of good practice and good faith. Its use under different conditions, authorizes SW Hosting to block access to it, in order to preserve the integrity of SWPanel and other customers.
4.5. Assignment and rights of SWPanel.
4.5.1. SW Hosting assigns the use of SWPanel to the CUSTOMER. At no time SW Hosting assigns to the CUSTOMER rights to the property, source code and image of SWPanel.
4.5.2. SW Hosting allows you to customize SWPanel to be used by customers or users in Reseller mode. The use of SWPanel to manage your users may result in license costs that will be notified to you at all times and are published on the SW Hosting websites.
4.6. Responsibilities of SW Hosting on SWPanel.
4.6.1. SW Hosting offers to the CUSTOMER, SWPanel as a means and tool for service management, in order to provide a more intuitive layer to facilitate such actions. At no time, SW Hosting is responsible for misuse or mismanagement on your part and causing malfunction of SWPanel.
4.6.2. SW Hosting can not be responsible for the proper functioning of the management layer of SWPanel, in all those services in which the CUSTOMER has the "administrator or root" access, or has full control. In this case, SW Hosting reserves the right to (i) NOT offer SWPanel as a management tool; (ii) decline any responsibility for the operation of SWPanel on the customer's services if the customer has manipulated or modified them.
4.6.3. SW Hosting is not responsible for any misuse by you, or any of your customers or users, of SWPanel.
4.7. Your Responsibilities for SWPanel.
4.7.1. The CUSTOMER agrees to preserve the integrity and security of the private area of customers or SWPanel, provided by SW Hosting and to prevent misuse, alteration, reproduction, illicit dissemination or use contrary to the instructions issued by SW Hosting. Also, the CUSTOMER agrees to discontinue such use immediately and to notify SW Hosting any incidence of misuse that may be detected. If such conduct persists, SW Hosting may suspend the license to use SWPanel to the CUSTOMER, in addition to communicating to the relevant authorities such incidents.
4.7.2. The CUSTOMER is solely responsible for the use of SWPanel and each of the services or actions performed through it.
4.7.3. The CUSTOMER understands and accepts these CDS on SWPanel, also accepts that if, from any of the actions that the CUSTOMER performs through it, costs are derived, the CUSTOMER is obliged to pay such costs as detailed in this contract, billing and payment section.
4.7.4. The CUSTOMER is solely responsible for the actions that may be performed by any of its customers or users when it assigns SWPanel, for which it accepts such responsibility.
4.8. Ownership of SWPanel.
4.8.1. SWPanel and all revisions and versions thereof, past and future, are the property of SW Hosting.
4.8.2. The domain and SSL secure certificates www.swpanel.com and all its variants, and aggregations including version numbers, registered by SW Hosting, are the property of SW Hosting.
4.8.3. SW Hosting in no case assigns ownership or exploitation rights of this private area to the CUSTOMER or third parties, beyond those permitted by the licenses that the CUSTOMER acquires in SWPanel services.
5. Rules of conduct
5.1. You must use the Websites and the Services in accordance with our PUA, which is incorporated by reference. Accordingly, any use of the Websites and Services in violation of the PUA will constitute a breach of these Terms of Service.
5.2. The CUSTOMER is solely responsible for the activity that occurs on its Account, regardless of whether the activities are performed by the CUSTOMER, its employees, any third party (including its contractors or agents), its End Users, its licensors or its customers.
5.3. The CUSTOMER is responsible for notifying its employees, agents and others associated with its use of the Websites and Services of the provisions of these Terms of Service, even when the terms of these Terms of Service are binding on them.
5.4. CUSTOMER shall not (directly or indirectly) (i) decipher, decompile, disassemble, reverse engineer or attempt to derive any source code or underlying ideas or algorithms from any part of the Websites or Services (including, without limitation, any applications), except to the limited extent that applicable laws specifically prohibit such restriction; (ii) modify, translate or create derivative works of any part of the Websites or Services; or (iii) copy, rent, lease, distribute or otherwise transfer any of the rights you receive under this TOS. You shall comply with all applicable local, state, national and international laws and regulations. To the extent that any portion of the Websites or Services is subject to Open Source Licenses, such Open Source Licenses shall apply irrespective of this section.
5.5. SW Hosting reserves the right to access, read, preserve and disclose any information that we deem reasonably necessary to (i) respond to any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Service, including investigation of potential violations thereof; (iii) detect, prevent or otherwise address fraud, security or technical issues; (iv) respond to user requests for assistance; or (v) protect the rights, property or safety of SW Hosting, our users and the public. More information is available in our Compliance Guidelines.
5.6. The CUSTOMER shall use appropriate security protocols, such as establishing secure passwords and access control mechanisms, safeguarding access to all logins and passwords, and verifying the trustworthiness of persons entrusted with account access information. The CUSTOMER is solely responsible for any unauthorized access to its Account, and must notify SW Hosting immediately of any unauthorized access upon becoming aware of it.
5.7. The CUSTOMER shall notify SW Hosting if and when it becomes aware of any security incident or breach affecting the Websites or Services, including unauthorized access to its Account or Account credentials, and shall assist in any investigation or legal action taken by the authorities and/or SW Hosting, to investigate and cure the security incident or breach to the extent caused by its Account or its use of the Websites and Services. Our Data Processing Agreement includes more information about security incidents regarding certain personal data.
5.8. Applicable to customers of SW Hosting US, LLC:
5.8.1 The Services are subject to trade and economic sanctions maintained by the Office of Foreign Assets Control ("OFAC"). By accessing the Services, the CUSTOMER agrees to comply with these laws and regulations. Specifically, the CUSTOMER represents and warrants that it is not (i) located in any country subject to OFAC trade and economic sanctions, currently Cuba, Iran, North Korea, Syria and the Ukrainian region of Crimea; nor (ii) a person or entity on any U.S. list of prohibited parties, including: the Treasury Department's Specially Designated Nationals List ("SDN List") and Sectoral Sanctions List ("SSI List"). In addition, CUSTOMER agrees not to sell, export, re-export, transfer, divert or otherwise dispose of any services received from SW Hosting in contradiction of these laws and regulations. Failure to comply with these laws and regulations may result in the suspension or termination of your Account.
5.8.2. The CUSTOMER agrees to comply with all applicable export and import control laws and regulations in its use of the Services, and, in particular, shall not use the Services to export or re-export data or software without all required U.S. and foreign government licenses. CUSTOMER assumes all legal responsibility for any access to and use of the Services from outside the United States, with full understanding that such access or use may constitute an export of technology and technical data that may implicate export regulations and/or require an export license.
6. Payments, invoicing and economic conditions
6.1. CUSTOMER must provide current, complete and accurate information for its Account and Billing Information, and must promptly update all such information in the event of changes (such as a change in billing address, credit card number or credit card expiration date). You must promptly notify SW Hosting or our Payment Processors if your payment method is cancelled (for example, due to loss or theft) or otherwise becomes inoperative. Changes to such information can be made in your account settings.
6.2. By entering into these Terms of Service and using the Services, the CUSTOMER agrees to be billed on a recurring basis and to be billed automatically by SW Hosting or our Payment Processors using the Payment Methods the CUSTOMER selects at the time of billing. If your Payment Method or payment of fees is subject to other terms and conditions, as set forth on order forms, invoices or otherwise, then those other terms and conditions apply in addition to this CDS. You may also be billed an amount up to your current balance at any time to verify the accuracy of your account information. SW Hosting reserves the right to deactivate, cancel, prevent access, disable services and/or remove any Account or access to the Websites and Services at any time in our sole discretion, including for non-payment, late payment or failure to charge your Payment Methods at the time of billing.
6.3. CUSTOMER is responsible for any duties, customs fees, taxes, and penalties, fines, audits, interest and late payments related to its purchase of the Services, including, without limitation, national, state or local sales taxes, use taxes, value added taxes (VAT) and goods and services taxes (GST) (collectively, "Taxes"). Unless otherwise stated, our pricing policies do not include and are not discounted or enhanced for such Taxes. If we are required to collect or pay Taxes in connection with your purchase of Services, such Taxes will be billed to you as part of a billing process or collected at the time of purchase. In certain states, countries and territories, we may determine whether your purchase of Services is subject to certain Taxes, and if so, we may collect such Taxes and remit them to the appropriate taxing authority. If the CUSTOMER believes that a certain Tax is not applicable or that any amount should be withheld from payments you make to SW Hosting, you shall promptly provide, to SW Hosting, a tax certificate, a withholding receipt, a tax identifier (e.g., VAT number or TIN) or other appropriate proof, provided that such information is valid and sufficiently authorized by all relevant tax authorities. You shall also provide to SW Hosting, any tax identification information that is necessary to comply with our tax obligations, as determined by us from time to time. CUSTOMER shall be solely responsible for any misrepresentations or defaults caused by it in connection with Taxes, whether with respect to SW Hosting or other parties, including any penalties, fines, audits, interest, back payments or additional taxes associated with such misrepresentations or defaults.
6.4. Billing Systems.
6.4.1. SW Hosting will invoice the CUSTOMER for the costs of the Services for the contract period stipulated at the time it is formalized.
The following is the Billing Treatment according to the type of billing stipulated in the service:
6.4.1.1. Monthly or annual billing type:
6.4.1.1.1. SW Hosting will generate an invoice for the stipulated period at the time of commencement of such period. This period is always billed in advance.
6.4.1.1.2. At the end of the invoiced period, a new invoice will be issued for the new period, and so on.
6.4.1.2. Billing type by hours, minutes, or pay-per-use:
6.4.1.2.1. SW Hosting will issue a single monthly invoice in which the costs of all hours of service comprising it will be accumulated.
6.4.1.2.1.a. Consumption costs such as vCores, RAM memory, Disk space IPs, and those that are detailed in SWPanel as cost per consumption or pay per use add-ons will be invoiced on a periodly basis.
6.4.1.2.1.b. All those services/additions not billable by consumption and all those that are not detailed in pay-per-use mode in your SWPanel will be billed in advance period.
6.4.2. The billing periods of SW Hosting are monthly, and are calculated from the date of registration of the service so that an invoice is generated each month, in case of opting for the monthly payment mode, if another mode, such as the annual one, an invoice will be generated each year.
6.4.3. Invoice grouping mode on a single day of the month
6.4.3.1. If the CUSTOMER wishes, he can request the grouping of all his services in a single monthly invoice, which will be issued on the 25th of each month. SW Hosting reserves the right to accept or not this billing method depending on the history, seniority, types of services or solvency of the customer.
6.4.3.2. The activation of the billing grouping of all its services, as detailed in point 6.4.3.1, will imply that, at the time of contracting the service, a proportional adjustment will be generated so that the periods correspond to the 24th day at 23:59:59 hours of the month of issuance of the invoice.
6.4.3.3. SW Hosting will make, automatically, at the time of contracting, such adjustment, generating an additional item in the first invoice as "period adjustment cost", this value can be positive or negative depending on the type of adjustment and the payment method established in the service.
6.4.3.4. The formula used to calculate this adjustment is as follows:
6.4.3.4.1. End date of the first monthly period. The end date is always assumed to be the 24th day at 23:59:59 hours of the month. From now on FPP.
6.4.3.4.2. Date of contracting. Hereinafter FCS.
6.4.3.4.3. Monthly cost of the service and all add-ons and extensions. From now on CMS.
6.4.3.4.4. The unit of time measurement used is days.
6.4.3.4.5. The amount to be paid for adjustment in the period of registration is understood to be the result of the following formula. From now on IAA.
IAA = (FPP - FCS) * ((CMS) / 30)
6.5. SW Hosting will inform the customer at all times, by e-mail, with a copy of the messages in SWPanel, about the prices of all charges and penalties arising from non-payment or blocking of services.
6.6. SW Hosting reserves the right to update, downward or upward, any of the costs of the service or any of its complements, depending on market developments, changes in technology, updates of direct or indirect costs, increases in resources allocated to the service, or any reasonable variation in the service that involves additional investments by SW Hosting.
6.6.1. Any price changes will be published on SW Hosting's websites or SWPanel with a minimum of sufficient notice.
6.6.2. SW Hosting reserves the right to apply a correction factor to the costs of the Service or any of its add-ons in the event that you make unreasonable use thereof or that your use may affect SW Hosting or any of its other customers or violate the specifications of the PUA.
6.6.3. SW Hosting, with the intention of not harming you, will offer you the possibility of cancellation or change in the modality of the service, in case any modification or update in the prices is applied.
6.7. SW Hosting will invoice the costs arising in the excess use of the service or any of its add-ons in case the CUSTOMER makes abusive use, or make a higher consumption than established in the items of resources allocated to the service.
6.7.1. SW Hosting will provide the CUSTOMER, through SWPanel, the management and visualization of consumption and resources used of the service.
6.8. The fees stipulated for the service will be increased by the corresponding taxes as detailed in point 6.3.
6.9. Payment Systems.
6.9.1. Payment of the first invoice for the service must be paid in cash and through the systems available on the SW Hosting Websites at the time of the formalization of the activation of the service.
6.9.1.1. The activation of the service will take place at the time of payment validation.
6.9.2. SW Hosting will provide the CUSTOMER three different methods of payment for services depending on their customer history, country of billing services or their country of origin
6.9.2.a. SWPanel Credits
6.9.2.b. Direct credit card charge. Restricted to billing from EU.
6.9.2.c. Direct debit. Restricted to EU invoicing under SEPA regulations.
6.9.3. The CUSTOMER can request a change of payment method from his SWPanel.
6.9.3.1. The request to change the payment method must be authorized by the Administration department of SW Hosting. SW Hosting reserves the right to accept or not any change in the payment method of your Customer Account.
6.9.3.2. For SW Hosting's approval of any change of payment method, the following checks will be made.
6.9.3.2.a. Review of the active services in your Customer Account.
6.9.3.2.b. A financial and risk analysis of your Customer Account will be requested.
6.9.3.2.c. Solvency status of your Customer Account.
6.9.3.3. The CUSTOMER may not request a change of payment method in the following cases:
6.9.3.3.a. Existence of invoices pending payment or in circulation.
6.9.3.3.b. Negative balance in the SWPanel.
6.9.3.3.c. Services blocked due to non-payment situation.
6.9.4. Available payment methods.
6.9.4.1. Payment method by direct debit. Details of the payment rules associated with this method of payment.
6.9.4.1.a. SW Hosting will issue a receipt to your bank account indicated at the time of requesting payment by direct debit.
6.9.4.1.b. SW Hosting will offer the possibility of defining a specific day of payment, subject to a risk analysis.
6.9.4.1.c. SW Hosting will not accept a direct debit with a maturity of more than 30 days from the date of issuance of the invoice.
6.9.4.1.d. SW Hosting will not allow payments of recurring invoices for services by direct debit, if there are previous invoices pending payment.
6.9.4.1.1. Management of bank refunds.
6.9.4.1.1.a. The payment of a returned bill must be made, solely and exclusively, by bank transfer. SW Hosting will not remit a returned receipt and will not proceed again to the transfer of the same.
6.9.4.1.1.b. SW Hosting will apply a cost of #coste_devolucion_recibo# for each return of a receipt for expenses and collection management thereof. Not being, at any time, the return of such effect for reasons beyond the CUSTOMER, a mitigation of the collection of that amount.
6.9.4.1.1.c. All the amounts of surcharge will be increased with the VAT or taxes that correspond, as it is detailed in point 6.3.
6.9.4.1.1.d. The maximum time for payment of an unpaid bill shall never exceed one (1) day, otherwise, the procedure shall be as detailed in section 6 hereof.
6.9.4.1.1.e. SW Hosting reserves the right to vary and force a form of payment other than direct debit to a CUSTOMER, in case of repeated returns of the effects charged to that bank account.
6.9.4.2. Mode of payment by Direct Debit to credit card.
6.9.4.2.1. Payment by Direct Debit to credit card.
6.9.4.2.1.a. The CUSTOMER shall indicate a credit card in its SWPanel as the default card.
6.9.4.2.1.b. At the time of the selection of the default credit card, SW Hosting, will make a charge to verify that card.
6.9.4.2.1.c. At the time an invoice is generated, SW Hosting, will proceed to charge it immediately to the default card.
6.9.4.2.1.d. In case of non-acceptance of the charge on the credit card by default, SW Hosting will retry the charge 5 times, within a period of 1 hour each retry, stopping if the charge can be made.
6.9.4.2.1.e. If after 5 retries, the default credit card could not be charged, SW Hosting will automatically change the payment method to SWPanel Credits, activating the credit payment mode, as stipulated in section 6.9.4.3 hereof.
6.9.4.3. Payment mode by "SWPanel Credits".
6.9.4.3.1. Definition of SWPanel Credits:
6.9.4.3.1.a. SWPanel Credit means the balance deposited by the CUSTOMER as a provision of funds, in a virtual financial account located in its SWPanel.
6.9.4.3.1.b. SW Hosting provides a statement of all movements of your credit account through SWPanel.
6.9.4.3.2. SWPanel Credits Payment Policy
6.9.4.3.2.a. Payment using credits is made by way of balance discount. The CUSTOMER shall charge a balance in its SWPanel by (i) credit card (ii) bank transfer or (iii) third party payment processors active in its SWPanel.
6.9.4.3.2.b. SW Hosting will charge the amount corresponding to each invoice or service contracted.
6.9.4.3.2.c. If the available balance in your SWPanel virtual account is less than the amount of the new service to be contracted, you must add balance to your SWPanel, before being able to proceed with the contracting of the new service.
6.9.4.3.2.d. It is possible, depending on your customer history that, at the time of activation of any service, additional service module, add-on or upgrade, SWPanel may ask you, if necessary, to preload a balance in your Customer Account. If you are requested to do so, you will not be able to proceed with the activation until the balance has been preloaded.
6.9.4.3.2.e. Each time an invoice is generated for a service, the amount corresponding to the same will be deducted from the balance that your SWPanel has at that moment.
6.9.4.3.3. Negative balance situation in SWPanel credits
6.9.4.3.3.a. SW Hosting will notify you by e-mail, the situation of negative balance in your SWPanel account.
6.9.4.3.3.b. The CUSTOMER will be able to view the balance of your customer account through your SWPanel.
6.9.4.3.3.c. In case of a negative balance in its SWPanel, it will have a maximum time of five (5) days to regularize it by entering new money to SWPanel, otherwise it will proceed to the total blocking of the services, according to the conditions of section 6.12 of this CDS.
6.10. Third party payment processors.
6.10.1. At SW Hosting we use third party payment processors (the "Payment Processors") to facilitate payment to your Account. Payment processing may be subject to the terms, conditions and policies of the Payment Processors in addition to those present in this CDS. We are not responsible for the acts or omissions of the Payment Processors. CUSTOMER agrees to pay SW Hosting, through the Payment Processors or as otherwise agreed by SW Hosting, all sums for the Services you select or use at the applicable prices in accordance with our pricing and billing policies and hereby authorizes SW Hosting and the applicable Payment Processors to charge all such sums (including all applicable taxes) to the form(s) of payment specified or linked to your Customer Account.
6.11. Promotions or Credits.
6.11.1. We may offer Service credits from time to time, and any provision of such credits is governed by the disclosures, terms and policies relating to credits. CUSTOMER acknowledges and agrees that all credits, whether previously offered or otherwise, are revocable or subject to early expiration at any time and for any reason or no reason by SW Hosting, including for abuse, misrepresentation of Account information, unauthorized transfer or illegal conduct by CUSTOMER.
6.12. Unpaid Services Situation.
6.12.1. The non-payment by the CUSTOMER of the amount of one or more invoices shall be considered as non-payment of services.
6.12.1.a. By direct debit payment is considered non-payment, the return of the bank receipt issued by SW Hosting to the CUSTOMER from the due date of the invoice.
6.12.1.b. By payment by SWPanel Credits, the non-payment of the outstanding balance within a period not exceeding 5 days after notification of the negative balance.
6.12.1.c. By direct debit to credit card, if the amount of an invoice cannot be debited, the stipulations of point 6.9.4.2.1.e shall apply.
6.12.2. Surcharges and/or penalties for non-payment and blocking of services.
6.12.2.a. SW Hosting will apply a surcharge of #coste_desbloqueo_servicios# for the unblocking of the services in case they are blocked for non-payment as detailed in section 6.12.
6.12.2.b. All surcharge amounts shall be increased by the corresponding taxes, as stipulated in section 6.3.
6.12.3. The CUSTOMER authorizes SW Hosting to block, without prior notice, ALL services contracted by the CUSTOMER for non-payment of any invoice as a precautionary measure until the time of regularization of such non-payment situation.
6.12.3.a. SW Hosting will not generate more invoices of the (s) service (s) blocked for non-payment, until the time of its unblocking.
6.12.3.b. SW Hosting will not proceed to perform any action related to the blocked services during the process of blocking them, nor will it perform actions related to domain registration such as (i) registration, (ii) renewal, (iii) auto-renewals of existing domains and/or SSL certificates in the portfolio of your SWPanel. As well as any planned or timed action on any of the active services in your customer account.
6.12.3.c. The CUSTOMER shall bear all costs arising from the blocking of the contracted services.
6.12.3.d. At the moment of unblocking the services, the new service period will be invoiced in case the last one has expired.
6.12.4. Removal of Blocked Services.
6.12.4.a. After 30 calendar days after the blocking of the services for non-payment; SW Hosting will proceed to the total elimination of the services of your customer account, and all content associated with them.
6.12.4.b. SW Hosting will not provide means for the total or partial restoration of the content removed for non-payment of services.
6.13. Claiming for non-payment.
6.13.1. The CUSTOMER authorizes SW Hosting to make the claim of any unpaid invoice through legal channels enabled for this purpose.
6.13.2. Also, SW Hosting will include your data, as well as the detail of the debt, in a debt management service (ASNEF).
6.13.3. The CUSTOMER agrees to hold harmless SW Hosting from any liability arising (i) the blocking of services for non-payment, (ii) the removal of (the) service (s) and content.
7. Third Party Services
The Websites and Services may include links to third party websites, services or other resources on the Internet, and third party websites, services or other resources may also include links to our Websites and Services. When the CUSTOMER accesses third party resources on the Internet, it does so at its own risk. These third party resources are not under our control and, to the extent permitted by law, we are not responsible for the content, functions, accuracy, legality, suitability or any other aspect of such resources. The inclusion of any such links does not imply our endorsement or any association between SW Hosting and any third party. To the fullest extent permitted by law, we shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party resources. We also permit certain vendors to make available Vendor Offers on the SW Hosting Marketplace ("Vendors" and "Vendor Offers" are defined in the SW Hosting Marketplace Terms and Conditions). Use of any Vendor Offering may require CUSTOMER to agree to certain terms and conditions directly with the Vendor, and SW Hosting may not be a party to any such agreement. It is your responsibility to protect your system from risks such as viruses, worms, Trojan horses and other security risks that may be presented by the third party resources or Vendor Offerings described in this section.
8. Confidentiality and Beta Services
8.1. To the extent that CUSTOMER receives or possesses any non-public information from SW Hosting that is designated as confidential or that, given the nature of the information or the circumstances surrounding its disclosure, should reasonably be understood to be confidential, such information is our "Confidential Information" and must be handled in accordance with this CDS. Confidential Information includes, but is not limited to: (i) non-public information about our technology, customers, business plans, marketing and sales activities, finances, operations and other business information; and (ii) the existence and content of our discussions or negotiations with CUSTOMER regarding your Account and/or use of the Services. Confidential Information does not include any information that (i) is or becomes publicly available without violating these Terms of Service; (ii) can be shown by documentation to have been known to CUSTOMER at the time of receipt from SW Hosting; (iii) is received from a third party who has not acquired or disclosed the information by an unlawful or tortious act or in violation of the rights of SW Hosting or any third party; or (iv) can be shown by documentation to have been independently developed by CUSTOMER without reference to the Confidential Information.
8.2. CUSTOMER may not use the Confidential Information except in connection with its use of the Service as permitted in these Terms of Service or as separately authorized in a writing signed by SW Hosting. CUSTOMER agrees not to disclose the Confidential Information during the term of this CDS, after it ceases to use the Services and after this CDS ceases to apply. The CUSTOMER shall take all reasonable measures to prevent unauthorized disclosure or use of the Confidential Information, including at least the measures that the CUSTOMER takes to protect its own confidential information of a similar nature.
8.3. We may offer "beta" versions or features of the Services (each, a "Beta Service"). Any production or non-production candidate version of the Services or any other version of the Services designated as a beta or test version is considered a Beta Service under these CDS. SW Hosting will determine, in its sole discretion, the availability, duration, features and components of each Beta Service. If we permit you to use a Beta Service, CUSTOMER agrees that the information we provide to you in connection with the Beta Service is Confidential Information, and you specifically agree, in addition to the other requirements set forth in these CDS, not to: (i) use the Beta Service for benchmarking or performance testing or to publicly disseminate performance information or analysis from any source related to the Service; (ii) modify or create derivative works of the Beta Service or remove any product identification, proprietary, copyright or other notices contained in the Beta Service; or (iii) permit any other person to access or use the Beta Service. SW Hosting, in its sole discretion, will determine whether or not to continue to offer any Beta Service, and may discontinue offering any Beta Service at any time.
9. No Warranty
9.1. The Websites and the Services, including, without limitation, any content delivered as part thereof, are provided "as is" and on an "as available" basis. SW Hosting disclaims all warranties of any kind, whether express or implied, relating to the Websites and Services and all content delivered in connection therewith, including, but not limited to (i) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement; (ii) any warranty arising from course of dealing, usage or trade; (iii) or any warranty relating to availability, accuracy, error rate, system integrity or uninterrupted access. We do not warrant that (i) the Websites or the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any content or software available on or through the Websites or the Services will be free of viruses or other harmful components; or (iv) the results of using the Websites or the Services will meet your requirements. The use that the CUSTOMER makes of the Websites and the Services is exclusively at its own risk.
To the extent permitted by law, we have no liability for the Sellers' Offers. Instead, if applicable, all limited warranties, disclaimer of warranty, limitations of liability and other specific provisions with respect to the Sellers' Offerings can be found in SW Hosting's Marketplace Terms and Conditions or, if applicable, the agreement between the CUSTOMER and the Seller.
9.2. SW Hosting is not responsible for the content that the CUSTOMER accesses through its use of the Websites, the Services or the content of other SW Hosting users or other third parties. To the extent permitted by applicable law, the CUSTOMER releases SW Hosting from all liability related to such content. CUSTOMER acknowledges and agrees that we make no representations regarding any content through the Websites or the content of other SW Hosting users or other third parties, and that we are not responsible for the accuracy, quality, legality, or other attributes of such content.
9.3. The limitations, exclusions and disclaimers in this Section 9 apply to the fullest extent permitted by law. SW Hosting does not disclaim any warranties or any other rights that SW Hosting is prohibited from disclaiming under applicable law.
10. Limitation of Liability
10.1. To the maximum extent permitted by law, in no event will we be liable to the CUSTOMER for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill or any other intangible loss) arising out of or in connection with your access or use, or your inability to access or use, the Websites and Services or any materials or content on the Websites and Services, whether based on warranty, contract, tort (including negligence), statute or any other legal theory, and whether or not we have been advised of the possibility of damage. To the extent permitted by law, the CUSTOMER agrees that SW Hosting, shall have no liability for data that may be destroyed, lost or otherwise inaccessible, whether because the CUSTOMER failed to back up its data or for any other reason.
10.2. Except as provided in Section 13 and to the extent permitted by law, our total liability to the CUSTOMER for all claims arising out of or relating to these Terms of Service or the Websites and Services, whether in contract, tort or otherwise, is limited, at most, to the amount you paid to SW Hosting for the Services in question in the month prior to the event or circumstance giving rise to the claim.
10.3. Each provision of these CDS that sets forth a limitation of liability, disclaimer of warranties or exclusion of damages is intended to allocate and allocates risk between the parties under these CDS. This allocation is an essential element of the basis of the negotiation between the CUSTOMER and SW Hosting. Each of these provisions is severable and independent of all other provisions of these Terms of Service. The limitations of this section shall apply even if any limited remedy fails of its essential purpose.
10.4. SW Hosting will not accept, nor be liable, in any case, for damages to persons or entities other than the CUSTOMER, or persons or entities to which SW Hosting does not issue an invoice on a regular basis or do not have a CDS established and in force with SW Hosting.
10.5. The responsibility of SW Hosting is limited solely and exclusively to the CUSTOMER, and ends at the time that the CUSTOMER cursa low service since this CDS is extinguished.

11. Indemnification
To the fullest extent permitted by law, CUSTOMER is responsible for its use of the Websites and Services, and shall defend, indemnify and hold harmless SW Hosting and our employees, officers, directors, agents, contractors and representatives from all liabilities, claims and expenses, including reasonable attorneys' fees and costs, arising out of or related to Content on its Services, User Content, your End Users, or your access to or use of the Websites and Services, including your breach of these Terms of Service or applicable law, willful misconduct, negligence, illegal activity, breach of security or data, unauthorized access to or use of your Account, or violation of the rights of a third party, including any intellectual property, confidentiality, proprietary or privacy rights. SW Hosting reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, without limiting its indemnification obligations with respect to such matter, in which event CUSTOMER shall use its best efforts to cooperate with SW Hosting in the defense of the matter at its own expense.
12. Duration and termination
12.1. Duration of the service agreement.
12.1.1. There is no minimum duration established in the activation of services.
12.1.1.a. SW Hosting and the CUSTOMER may agree on a minimum duration of the service, as a compensatory measure to SW Hosting on discounts, promotions, commercial attention, or offers that have been applied at the time of proceeding with the hiring of the service.
12.1.1.b. The cost resulting from the bonus agreed with the CUSTOMER, as indicated in point from now on will be CBP (Cost of Bonus Agreed).
12.1.1.c. If this agreed minimum duration exists, it will be reflected in your SWPanel.
12.1.1.d. Failure to comply with the agreed minimum duration shall be considered as early termination.
12.1.2. The service shall be renewed tacitly and indefinitely for periods equal to the established billing method, unless a cancellation request has been made.
12.1.2.a. From SWPanel, the CUSTOMER may deactivate, if he/she wishes, the automatic renewal of the service.
12.1.2.b. The deactivation of the automatic renewal, will imply that the system will proceed to process the cancellation at the end of the billing period of the service for which the non-renewal has been requested.
12.1.2.c. In the services based on pay-per-use, at the time of cancellation or non-renewal of the service, an invoice could be issued for the resources used by the CUSTOMER until the date of cancellation of the service. In this case such invoice is payable by the CUSTOMER because it corresponds to the period in which the services were active, and prior to the date of cancellation.
12.1.3. . Definition of the cancellation of the service
12.1.3.1. The cancellation of the service shall always be done through the SWPanel.
12.1.3.2. SW Hosting will not accept service cancellations that are not made through SWPanel.
12.1.3.3. SW Hosting will continue billing the service until the CUSTOMER does not cancel or cancel the service as stipulated in point 12.1.3.1.
12.2. Termination.
12.2.1. Although SW Hosting prefers to provide advance notice of termination, SW Hosting reserves the right, in our sole discretion, to terminate your access to all or any part of the Websites and/or Services at any time, with or without notice, effective immediately. Such termination may result in immediate forfeiture and destruction of data associated with your Account. Except as otherwise set forth in this CDS or as expressly agreed between the parties, any and all fees paid to SW Hosting are non-refundable and any and all fees owed to SW Hosting at the time of such termination shall be immediately due and payable. Upon termination, any and all rights granted to you in these CDS shall immediately terminate, and you must also immediately discontinue all use of the Websites and/or the Services. All provisions of this CDS which by their nature should survive termination shall survive termination shall survive termination.
13. Dispute Resolution and Arbitration
13.1. SW Hosting provides the CUSTOMER with an SLA specifying how the quality of the service provided is to be measured and analyzed.
You can consult the SLAs that are also included in this CDS.
13.2. SW Hostig also determines in this SLA, how the breach of the service provided shall be assessed by you and what shall be the compensations that SW hosting shall give you in case of this breach.
13.3. The CUSTOMER agrees that at no time will claim more than the compensation stipulated in the SLA, and that such compensation may never exceed the monthly price that the CUSTOMER pays for the service.
13.4. The CUSTOMER expressly waives the use of any arbitration court or any court of law to file a claim against SW hosting for the provision of services related to this SLA.
13.5. Any claim that the CUSTOMER makes by any means beyond that stipulated in SLA, shall be considered invalid claim and does not bind SW Hosting to any kind of performance.
13.6. The CUSTOMER and SW Hosting agree that each may not bring claims against the other.
13.7. If any part of this Section 13 is found to be unenforceable, then that part shall be null and void and the remainder of this Section 13 shall remain reasonably in effect. In such event, if Section 13 cannot reasonably remain in effect as a whole, CUSTOMER and SW Hosting agree that the exclusive jurisdiction and venue described in Section 14.4 shall govern any action arising out of or relating to this CDS.
14. Miscellaneous Provisions
14.1. Updates and Modifications. SW Hosting reserves the right to update, change or otherwise modify this CDS at any time in SW Hosting's sole discretion. If SW Hosting updates this CDS, SW Hosting may provide notice of such updates by, for example, sending an email notification to the email address listed in your Account and/or updating the "Last Updated" date at the top of this CDS. Updates will be effective on the date specified in the notice. If you continue to access or use the Websites or the Services after the date specified in the notice or updated CDS, you are agreeing to accept and be bound by the updated CDS and all terms incorporated therein. If you do not agree to the updated CDS, you may no longer use the Websites or the Services and your sole and exclusive remedy is to deactivate your Account and stop using the Websites and/or the Services.
14.2. General. This CDS, including all documents expressly incorporated by reference, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, relating to its subject matter. The use of section headings in these Terms of Service is for convenience only and shall have no impact on the interpretation of any provision. Any use of the singular shall be reasonably construed as if it also included the plural, and vice versa. If not specified, any use of "including" or "as" shall be construed as "including but not limited to". If any part of these Terms of Service is held invalid or unenforceable, the unenforceable portion shall be enforced to the maximum extent possible, and the remaining portions shall remain in full force and effect. Our failure to enforce any provision shall not affect our right to enforce it at any later time, nor shall our waiver of any breach or default of this CDS, or any provision of this CDS, constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
14.3. Assignment. CUSTOMER may not assign, transfer or delegate these CDS or any of its rights and obligations hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign, transfer or delegate these CDS or our rights and obligations hereunder without notice or consent. Subject to this section, these CDS shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns, and any assignment or transfer in violation of this section shall be void.
14.4. Applicable Law. These Terms of Service and any disputes relating to them (including Section 13) are governed by Spanish law, without regard to principles of conflict of laws. Subject to Section 13, the CUSTOMER and SW Hosting submit to the personal and exclusive jurisdiction of the courts of Spain province of Girona, for the resolution of any claim or legal proceeding permitted under these CDS.
14.5. Notifications.
14.5.1. The CUSTOMER must send notices by e-mail to [email protected].
14.5.2. The CUSTOMER agrees to receive our electronic notifications, which will be sent by email to the email address associated with its Account. Notifications will be effective on the date of acknowledgement of receipt or, in the case of email, at the time of sending. The CUSTOMER is responsible for ensuring that the email address associated with its Account is correct and up to date. Any email notification we send to that email address will be effective when sent, whether or not the CUSTOMER receives the email.
14.6. Consent to Electronic Communications. By using the Websites and/or the Services, CUSTOMER consents to receive certain electronic communications from us as described in our Privacy Policy. Please read SW Hosting's Privacy Policy to learn more about our electronic communication practices. CUSTOMER agrees that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
14.7. Notice to California Residents. If you are a resident of California, pursuant to California Civil Code Section 1789.3, you may contact the Claims Assistance Unit of the Consumer Services Division of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd. Market Blvd, Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 to resolve a complaint or receive further information about your use of the Websites or the Services.
14.8. Relationship of the Parties. The parties are independent contractors. These Terms of Service do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. Neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has any authority to bind the other.
14.9. Force Majeure. SW Hosting shall not be liable for any failure to comply with the terms of this CDS to the extent SW Hosting is prevented from performing as a result of any act or event occurring beyond SW Hosting's reasonable control, including, without limitation, acts of God, war, riot or disturbance, strikes, any action by a governmental entity, weather, quarantine, fire, flood, earthquake, explosion, utility or telecommunications outages, Internet disruption, epidemic, pandemic or any unforeseen change in circumstances, or any other cause beyond our reasonable control.
14.10. Absence of third party beneficiaries. These CDS do not create any third party beneficiary rights in any person or entity other than the CUSTOMER.
15. Notifications about services
15.1. SW Hosting will notify, on a regular basis, information or actions required to be performed by the CUSTOMER
15.1.a. via email, to the email account that the customer has indicated in the SWPanel or at the time of registration as such.
15.1.b. and shall leave a digital copy of such notification in the CUSTOMER's SWPanel so that it can be consulted by the CUSTOMER at any time.
15.2.2. Modification of the notifications by the CUSTOMER
15.2.1. The CUSTOMER, using SWPanel, may disable, modify or redirect to other email accounts, any notification that SW Hosting may send.
15.2.2.2. If desired, the CUSTOMER may even disable ALL notifications from SW Hosting, accepting the risk that this implies for the proper functioning of the services and compliance with this DCS.
15.2.3. The CUSTOMER may disable, modify or redirect important notifications that may prevent him from complying with this CSD, in this case, the CUSTOMER is not exempted from the content of such notifications.
15.3. The CUSTOMER understands and accepts as formal means of notification those indicated in point 15.1, not being able to claim to SW Hosting other systems or means of notification other than those set out in this point 15.1 of the CDS.
15.4. SW Hosting has no obligation to notify the CUSTOMER, beyond the system stipulated in point 15.1 of this CDS.
16. Right of withdrawal applicable to EU consumers.
Directive 2011/83/EU on consumer rights ("Consumer Rights Directive" - DDC) establishes a module covering the right of withdrawal, according to which consumers have the right to withdraw from contracts concluded at a distance and off-premises contracts. For more detailed information on the provisions of the Consumer Rights Directive, please consult Module 1 or the European Commission Guidance Document which is available in all official languages of the EU2.
16.1. The CUSTOMER has the right to withdraw from this contract within 14 calendar days without giving any reason.
16.2. The withdrawal period shall expire 14 calendar days after the day of conclusion of the contract.
16.3. The said directive provides for the following exceptions or cases in which the right of withdrawal shall not be applicable:
16.3.1. Provision of services, once the service has been fully performed, when the performance has begun, with the prior express consent of the consumer and user and with the acknowledgment by him that he is aware that, once the contract has been fully performed by the entrepreneur, he will have lost his right of withdrawal.
16.3.2. Supply of goods made to the consumer's specifications or clearly personalized.PUA, Acceptable Use Policy.
This Acceptable Use Policy, hereinafter referred to as the "PUA", is entered into between SW Hosting US, LLC or/and its affiliates, which we will refer to as "SW Hosting" and you, which we will refer to as the "CUSTOMER".
This PUA describes the material and activities that are not permitted in connection with the Services offered by SW Hosting. This PUA is not exhaustive, and SW Hosting reserves the right to take corrective action regarding content or uses that are not specifically described below.
CUSTOMER is responsible for violations of this PUA by anyone using their account with their permission or in an unauthorized manner. CUSTOMER is also responsible for violations of this PUA by its users. Your use of the Services to assist another person in an activity that would violate this PUA would also be considered a violation of the PUA. We may modify this PUA at any time by posting a revised version on the SW Hosting Websites and/or Services.
Good use of the service.
The CUSTOMER agrees to the use of the service in accordance with the rules of good practice and good use.
Illegal or abusive activity or content.
The CUSTOMER may not use the Services for any illegal or abusive purpose. Prohibited activities include:
a. Illegal Activities:
Any use of the Services to engage in, further, promote or encourage illegal conduct or activities, including the dissemination of content that has been declared illegal by a court of competent jurisdiction.
b. Fraudulent or Disruptive Activities:
Engaging in activities that are deceptive or harmful to others, or that may damage SW Hosting's operations or reputation, including offering or disseminating fraudulent goods, services, schemes or promotions (e.g., make-money-fast schemes, Ponzi and pyramid schemes, phishing or pharming), deceptively impersonating another person or entity, or engaging in other fraudulent or deceptive practices.
c. Infringement of Intellectual Property Rights:
Use of the Services in a manner that violates, infringes or misappropriates the intellectual property or proprietary rights of any third party, including, without limitation, copyright, patent, trademark, trade secret, privacy or publicity rights, and posting content intended to assist others in unlawfully circumventing technical measures intended to protect any such rights. For more information, see SW Hosting's Copyright Policy and Trademark Policy.
d. Illegal Pornography:
Disseminating child pornography or depictions of nudity or sexual activity obtained or disseminated without the consent of those depicted (e.g., "revenge porn").
e. Violent, harassing or abusive content:
Content that incites or threatens violence against any person, promotes terrorism, is intended to harass, abuse or invade the privacy of any individual, creates a risk to the physical safety or health of any individual or to public safety or health, or that threatens or encourages harm on the basis of race, ethnicity, national origin, religion, caste, sexual orientation, sex, gender, gender identity, serious illness or disability, or immigration status.
f. Controlled Substances:
Unlawfully selling or distributing controlled substances, including but not limited to any illegal or prescription drug.
Security Violations.
CUSTOMER may not use the Services to violate the security or integrity of any network, computer or communications system, software application, or computer network or device (each, a "System"). Prohibited activities include:
a. Harmful Software:
Content, software or any other technology that may damage, interfere with, surreptitiously intercept or expropriate any computer system, program or data, including any viruses, malware, spyware, adware, Trojan horses, worms or time bombs.
b. Unauthorized Access:
Accessing or using any System without permission, including attempting to probe, scan or test the vulnerability of a System or violate any security or authentication measures used by a System.
c. Interception:
The monitoring of data or traffic on a System without permission.
d. Source Forgery:
Using false or misleading TCP-IP packet headers, email headers, or any part of a message that describes its origin or path. This prohibition does not include the use of aliases or anonymous forwarding.
e. Network Abuse:
You may not make network connections with any user, host, or network unless you have permission to communicate with them. Prohibited activities include:
e.1. Monitoring or Tracking:
Monitoring or tracking of a System that harms or disrupts the System being monitored or tracked, or any other collection or scraping of any content from the Services.
e.2. Deceptive Actions:
Intentionally, knowingly or recklessly introducing any virus or other contaminating code into the Service, or collecting, transmitting or using information, including email addresses, screen names or other identifiers, by deception or covert means (such as phishing, Internet scamming, password stealing, spidering and harvesting).
e.3. Intentional Interference:
Interfering with the proper operation of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, flooding techniques, or conducting a denial of service ("DoS") attack.
e.4. Operation of certain network services:
Operating open proxies, open mail relays, open recursive domain name servers, Tor exit nodes, or other similar network services.
e.5. Avoid system restrictions:
Use manual or electronic means to circumvent any usage limitations placed on a System, such as access limits and storage restrictions.
f. Retaliation or Attacks against SW Hosting:
Any conduct that may result in retaliation against SW Hosting, including the Services, or SW Hosting's employees, officers or other agents, including engaging in conduct that results in any SW Hosting server being the target of a DoS attack.
g. Identity Retention:
Any activity intended to conceal or disguise identity or contact information, including the omission, deletion, falsification or misrepresentation of any transmission or identifying information, such as return mail and IP addresses.
h. Cryptocurrency Mining:
Mining any cryptocurrency without explicit written permission.
i. Abuse of email and other messages; Spamming:
CUSTOMER shall not distribute, publish, send or facilitate the sending of unsolicited bulk email or other messages, promotions, advertisements or solicitations (such as "spam"), including commercial advertising and informational announcements. You will not alter or obscure email headers or assume the identity of a sender without the sender's explicit permission. You will not collect responses to messages sent from another Internet service provider if such messages violate this AUP or that provider's acceptable use policy. You shall use reasonable efforts to secure any device or network under your control from being used in violation of applicable anti-spam and anti-spam laws, including, where appropriate, installation of anti-virus software, firewall software, and operating system and application software patches and updates. You will not take any action that, directly or indirectly, results in any of our IP addresses appearing in any abuse database (e.g., Spamhaus).
Obligations of the CLIENT on the electronic mail.
i.1. You must comply with the laws and regulations applicable to bulk or commercial e-mail in your jurisdiction. In addition, your bulk or commercial e-mail must comply with the following requirements:
i.2. You must have a privacy policy or similar disclosure posted for each domain associated with the mailing;
i.3. You must have a means of tracking anonymous complaints.
i.4. You must not conceal the origin of your e-mail in any way.
i.5. You should post a complaint email address (such as [email protected]) in a conspicuous place on any website associated with the email, and you should respond promptly to messages sent to that address.
i.6. Your recipients have given their consent to receive e-mail through some affirmative means, such as an opt-in procedure, and you may provide evidence of such consent within 72 hours of receiving a request from the recipient or SW Hosting.
i.7. You must use reasonable means to ensure that the person giving consent is the owner of the email address for which consent is given;
i.8. You must include the recipient's email address in the body of the email or in the "To" line of the email.
i.9. You must honor revocations of consent and notify recipients of such revocations.
These mail policies apply to messages sent through the Services, or to messages sent from any System by the CUSTOMER or by any person on its behalf who directly or indirectly refers the recipient to a site hosted through the Services. In addition, CUSTOMER may not use a third party email service that does not practice similar procedures for all of its customers. These requirements apply to distribution lists created by third parties to the same extent as if you created the list.
Vulnerability Testing.
CUSTOMER may not attempt to probe, scan, penetrate or test the vulnerability of a SW Hosting system or network, or breach SW Hosting's security or authentication measures, whether by passive or intrusive techniques, or conduct any security or malware research using the Services, without the prior written consent, of SW Hosting.
Excessive use of shared system resources.
CUSTOMER may not use any Shared System provided by SW Hosting in a manner that unnecessarily interferes with the normal operation of the Shared System, or that consumes a disproportionate share of the System's resources. For example, we may require you to fix coding anomalies in your cloud-hosted code if it unnecessarily conflicts with other customers' use of the Services. CUSTOMER agrees that we may quarantine or delete any data stored on a shared System if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the System or other customers' data stored on the same system.
Responsibility for data preservation and restoration.
The CUSTOMER is responsible for performing or contracting additional backup services to secure the data located in the service.
In case of not hiring the additional backup service, it exempts SW Hosting from any responsibility for the restoration and recovery of the data located in the service.
Regardless of the hiring of backup systems or data backup, the CUSTOMER is obliged to regularly perform a full backup and local backup of all data contained in its service.
The CUSTOMER will hold harmless SW Hosting from any direct or indirect claim on the restoration of backup or data in the following cases:
a. The CUSTOMER has not explicitly contracted the backup services to SW Hosting.
b. The CUSTOMER has not provided all the technical means for SW Hosting to perform the backup in the event that such service has been contracted.
c. The CUSTOMER has not provided passwords and access permissions to SW Hosting on the content and data that the CUSTOMER has explicitly requested that SW Hosting must copy.
d. That SW Hosting has not been able to make such backup because the CUSTOMER has contracted, the CUSTOMER, an insufficient space to accommodate such copy.
e. The CUSTOMER does not have the mandatory backup outside SW Hosting.
f. Any other case in which technically, SW Hosting has not been able to make or keep such backup, and that can be credited as not the direct responsibility, solely and exclusively of SW Hosting.
SW Hosting disclaims any responsibility for the data and files located on the service.
Professional Responsibility on its services.
The CUSTOMER declares to have a Professional Liability Insurance policy on the services specified in this contract with, at least, the following coverages
a. Total coverage in the management of data and files of any of its clients or third parties.
b. Total coverage for damages to third parties, as a result of the misuse of the services by you or your personnel, direct or indirect.
c. Full coverage for loss of third party data, resulting from the misuse of the services by you or your personnel, directly or indirectly.
Applicable laws.
You must comply at all times with the laws applicable to your services depending on your country of origin or the country of provision of your services
The CUSTOMER knows, understands and complies with all regulations or laws on which it must govern its services and formally declares to SW Hosting that it is complying with them.
SW Hosting disclaims any direct or indirect liability for any breach by you of any law or formal obligation of its services.
If SW Hosting receives any notice from a Competent Authority on a breach by you on any law or legislation that applies to their services, proceed to block them as a precautionary measure to clarify the situation with the Competent Authority and the CUSTOMER.
Overuse of the service.
SW Hosting will notify the CUSTOMER, if detected, of the overuse of the services so that it can make the relevant updates of the same in order to correct such overuse.
The overuse of the services may result in invoices, which the CUSTOMER must pay.
In case of continuous and repeated overuse of the services, the CUSTOMER authorizes SW hosting to block them until it proves that it has proceeded to update and correct sizing.
In case of blocking for overuse, the CUSTOMER may not claim to SW Hosting any compensation or damages for such blocking.
SW Hosting's supervision of the PUA.
We reserve the right, but have no obligation, to investigate any suspected violations of this PUA or misuse of the Services of which we have actual knowledge. In connection with such investigations, we may report any activity that we suspect violates any law or regulation to law enforcement officials, regulators or other appropriate third parties. Such reporting may include disclosure, review and retention of CUSTOMER information in accordance with applicable law. We may also cooperate with law enforcement agencies, regulators or other appropriate third parties to assist in the investigation and prosecution of illegal conduct by providing network and systems information related to suspected violations of this PUA.
Consequences of Violation of the PUA.
If we determine, in our sole discretion, that CUSTOMER has violated this PUA, we may remove, disable access to or modify any content or resources and/or block, suspend or terminate your use of the Services.
SW Hosting may intercept or block any content or traffic belonging to CUSTOMER or CUSTOMER's users when the Services are being used illegally or not in accordance with this PUA. Our right to suspend or terminate your use of the Services applies even if an infringement is committed unintentionally or without your authorization. This right does not obligate us to act at any particular time or with respect to any particular subscriber, and we may exercise this right at any time in our sole discretion.
Notification of Violations of this PUA.
If you become aware of any suspected violation of this PUA, please notify us by providing a full explanation of the basis for the violation. We may request your assistance in helping to stop or remedy the violation. To report any violation of this PUA or to make related inquiries, please contact us by email at [email protected].
SLA, Service Level and Quality Agreement..
This Service Level and Quality Agreement, hereinafter SLA, is entered into between SW Hosting US, LLC or/and its affiliates, which we will refer to as "SW Hosting" and you which we will refer to as the "CUSTOMER".
Introduction.
This SLA is intended to organize and stipulate, in a coherent manner, the bases on which the quality and continuity that SW Hosting offers in the services should be analyzed, as well as to define the means of complaint and guarantee, which the CUSTOMER has, in case of non-compliance.
Definition of service
1.1. Service is established as the sum of processes and resources that SW Hosting provides the CUSTOMER according to the type and level contracted.
1.2. SW Hosting is committed to the levels of quality of service set out in section 2 of this SLA.
1.3. The partial degradation of the service, is not understood as a loss of it.
1.4. Failure to comply with this service availability by SW Hosting gives the CUSTOMER the possibility to claim to SW Hosting the appropriate compensation. The formula, methods and procedures for calculating and making such claims are detailed in section 5 hereof.
1.5. SW Hosting will in no event assume any liability for the service beyond those set forth in this SLA, and therefore the CUSTOMER agrees not to claim any compensation in addition to those set forth in section 5 of this SLA.

2. SLA Details
2.0. Scope of this SLA.
2.0.a. The following is determined as the scope of this SLA, the services detailed in sections 2.0.b of this SLA.
2.0.b. The products available for activation/engagement on SW Hosting owned websites are applicable.
2.0.c. Any other product/service offered by SW Hosting is excluded, if not explicitly contemplated as included in the scope of the SLAs.
2.1. The quality commitments of SW Hosting with the CUSTOMER are:
2.1.1. Service availability.
2.1.1.a. Minimum service availability limit, 99.95% of the time. From now on LMD
2.1.1.b. Calculation of time in seconds is established as a basis, in monthly service billing periods, from 1 to 30 of the month. From now on PPS.
2.1.1.c. A minimum monthly service availability time of 2590704 seconds is defined. From now on TMD.
2.1.1.d. A maximum monthly service unavailability time of 1296 seconds is defined. From now on TXI.
2.1.2. Service intervention and restoration time.
A maximum intervention and restoration time is established, see section 4 of this SLA.
2.2. Any incidents resulting from: 2.2.1.
2.2.1. Misuse of the service by the CUSTOMER or by any of its employees.
2.2.2. Direct action of the CUSTOMER on its services that causes a total or partial failure of the same.
2.2.3. Degradation or fall of the services as a result of malicious attacks by third parties.
2.2.4. Blocking of the services by SW Hosting by application of any of the clauses of the service framework contract agreed with the CUSTOMER.
2.2.5. Any other cause that can not be determined as directly and solely attributable to SW Hosting.
2.3. Exclusions of responsibility in the quality and continuity of the service, and the application of the present clauses of this SLA.
2.3.1. Any interruption or discontinuance of service resulting directly or indirectly from, occurring through or as a consequence of war, civil war, invasion, hostilities (whether war has been declared or not), rebellion, insurrection, military power or usurpation of state, confiscation or nationalization or requisition or destruction of property damage by or under the order of any government or local public authority.
2.3.2. Any interruption or discontinuance of service resulting directly or indirectly from terrorism, or from any act or acts of force or violence for political, religious or other purposes, with intent to overthrow or influence any government, or for the purpose of terrorizing the population by any person or persons, acting alone or in connection with any organization.
2.3.3. Any interruption or discontinuity of service resulting directly or indirectly from natural disasters, earthquakes or meteorite falls, or any other force qualified as force majeure.
2.3.4. In case of conflict on the application or not of a cause of exclusion contemplated herein, the CUSTOMER shall tacitly demonstrate that such exclusion is not applicable. If it is not applicable or can be demonstrated, the application of the exclusion shall be understood by mutual agreement and by both parties.
2.3.5. Any liability other than those specified and or typified in section 5 and the compensatory tables defined therein section 5.2, 5.3 and 5.4, shall be considered as non-application or exclusion.
3. Communication of incidences
3.1. Valid means of reporting incidents.
3.1.1. SW Hosting shall provide the CUSTOMER with the following means of communication of incidents or errors in the service.
3.1.1.a. By technical Ticket Level 2 systems from the private customer area or "SWPanel" if you have this service.
3.1.1.b. Initiate a conversation with support or support wall from the private customer area or "SWPanel". In this case the MXI is set to 24 hours.
3.2. Invalid means of incident communication.
3.2.a. It will not be understood as valid notification of an incident, the sending of emails to any recipient of SW Hosting, nor to generic email accounts.
3.2.b. It will not be understood as a valid notification of an incident, the use of any social network, or messaging elements to perform the notification of the same.
3.2.c. It shall not be understood as a valid notification of an incident, the use of the telephone as a means of communication of the same.
3.2.d. It will not be understood as a valid notification of an incident, those that have not been reported to SW Hosting by any of the means detailed in section 3.1.1 of this SLA.
3.3. Invalid notification of incidents.
3.3.1. The use of invalid means for the notification of incidents, detailed in section 3.2 hereof, shall not count the time, as time limit established in the intervention and resolution of the incident stipulated in section 2.
3.3.2. All invalid notifications of incidents are exempt from this SLA, and the CUSTOMER may not, in any case, claim any compensation.
3.4. Incident notification time definition.
3.4.a. The time of incident notification is understood as the day, hours, minutes and seconds in which the CUSTOMER has notified the incident using the guidelines defined in section 3.1.
3.4.b. From now on HNI. The HNI value must always be expressed in seconds for any calculation formula.
4. Service intervention and restoration
4.1. Definition of intervention time
4.1.a. Intervention time is defined as the time elapsing between the notification of the incident in the service as detailed in section 3, and the allocation by SW Hosting, of resources and specialized personnel, for the resolution of such incident.
4.1.b. From now on TIS.
4.2. Definition of service restoration.
4.2.a. Restoration of the service is understood as the moment in which the CUSTOMER is notified of the resolution by SW Hosting of the notified incident.
4.2.b. From now on TRS. The TRS value must always be expressed in seconds for any calculation formula.
4.3. Commitment to intervention and restoration.
4.3.1. SW Hosting commits to a maximum intervention time on a reported incident, not exceeding 2 hours. From now on MXI.
4.3.1.1. Exceptions in the time of intervention on the incident.
4.3.1.1.a. The only exception to the intervention time is any major cause or disaster.
4.3.2. Definition of the maximum service restoration time or MRI.
The MRI value must always be expressed in seconds for application in any calculation formula.
4.3.2.a For customers with level 2 support, maximum service restoration time not to exceed 2 hours. MRI in seconds 7200.
4.3.2.b For customers without level 2 support, maximum service restoration time not to exceed 24 hours. MRI in seconds 86400.
4.3.2.1. SW Hosting shall apply by default the TRS based calculation Formula, section 5.3.2 herein.
4.3.2.2. Service Restoration Time Exceptions.
The calculation formula based on MXI, section 5.3.2 hereof, shall be applied as the calculation formula.
In order to maintain the quality commitment with the CUSTOMER, SW Hosting, in this case, will apply the criterion of MXI intervention commitment, canceling the commitment of restoration time, because it is impossible to comply with it for natural purposes.
4.3.2.2.a. The exception shall be understood as those hardware interventions on the equipment that involve RAID disk regenerations, disk formatting and backup restoration, or reinstallations of the base system or operating systems. Such processes have an execution time longer than the times stipulated in section 4.3.2 herein.
4.3.2.2.b. It shall be understood as an exception, those interventions that require a response or intervention by the CUSTOMER to complete the restoration of the incident, and that such response is not made in the time margins necessary for compliance with the times stipulated in section 4.3.2 and through the channels stipulated in section 3.2 of this SLA.
4.3.2.2.c. Exceptions shall be understood as those interventions that require a change of hardware or configuration of the services that cannot be carried out naturally within the time period stipulated in section 4.3.2.
4.3.2.2.d. It shall be understood as an exception, those interventions that from SW Hosting are notified to the CUSTOMER as scheduled for a specific date and time, require the intervention of a specific technician, or require a period of time for diagnosis or resolution. In this case, SW Hosting will always notify such exception, informing an expected resolution time, or waiting time, to the CUSTOMER by technical ticket.
4.3.2.2.e. It shall be understood as an exception, those interventions, not detailed in sections a, b, c and d, which can not be solved or resolved in a natural time and such processes of action and resolution executed by SW Hosting necessary for the restoration of service, exceeds the time stipulated in section 4.3.2.
5. Conditions.
5.0. Definition of problem or incident in the services.
5.0.a. Problems in the services shall not be understood as those caused by the interruption, alteration, unavailability or defects in the service, or loss of continuity in the transmission(s), which were not directly and exclusively attributable to the development of the activity of SW Hosting, its technical team or its staff, or are due to an event of force majeure.
5.0.b. Service problems shall not include all those exceptions detailed in section 2.3 exclusions of service liability of this SLA.
5.1. Compensation Policy.
5.1.1. The request for compensation must be made by the CUSTOMER according to the criteria detailed in section 5.3 of this SLA, and under the following conditions:
5.1.1.a. The compensation request must be made by Administrative Ticket through its SWPanel.
5.1.1.b. Any compensation on the services must be documented and approved by the Financial and Systems Area of SW Hosting. No compensation will be made without such approval.
5.1.1.c. Compensation cannot be requested for service incidents that occurred within 2 months of the date of the claim.
5.1.1.d. After this period of time, the client rejects any type of claim on such incident.
5.1.2. SW Hosting reserves the right to the non-application of compensations in the service in case the CUSTOMER incurs in any of the following points:
5.1.2.a. Not being the CUSTOMER up to date with the payment of their invoices.
5.1.2.b. Failure of the CUSTOMER to notify the incident using the means stipulated in section 3.1.1 of this SLA.
5.1.3. SW Hosting will apply compensations in the next invoice of the service in relation to the criteria stipulated in section 5.3 of this SLA.
5.1.4. Will not be understood as errors or deficiencies in the service compensable, all those that are not derived solely and exclusively from SW Hosting, excluding all deficiencies outside SW Hosting.
5.1.5. It will not be understood as errors or incidents in the service all those detailed in the points specified in section 2.2 and 2.3 of this SLA.
5.2. Compensations.
5.2.1. They are established based on the calculation of the service availability time.
5.2.2. For the calculation of the default, the Total Time of Availability, hereinafter TTD, shall be calculated first.
5.2.3. The minimum service availability time detailed in section 2.1.1 of this document is established as the basis for calculating the unavailability of the service.
5.2.4. The time elapsed between the maximum service restoration time stipulated in section 4.3.2, including the exceptions stipulated in sections 4.3.2.1 and following, and the restoration of the service, shall be considered as the time attributable to the unavailability of the service.
5.3. TDT calculation formulas.
One formula or another shall be applied, depending on the clauses applied in section 4.3.2 hereof.
5.3.1. TRS-based calculation formula.
TTD = 100 - ((((HNI - TRS) - MRI) / PPS) * 100)
5.3.2. Calculation formula based on MXI
TTD = 100 - ((((HNI - TXI) - MRI) / PPS) * 100)
5.4. Table of compensations according to TTD.
SW Hosting stipulates as compensations, the payment of part of the base fee of the service according to the following table.
5.4.1. A TTD of between LMD and 99.7501% of the established service level for 1 month.
No compensation.
5.4.2. A TTD between 99.75% and 99.5501% of the established service level for 1 month.
A credit of 10% of the fee for the affected service will be applied.
5.4.3. A TTD of between 99.55% to 99.3501% of the established level of service for 1 month.
A credit of 25% of the quota of the affected service shall be applied.
5.4.4. A TTD of less than 99.35% of the established level of service for 1 month.
A credit of 100% of the fee for the affected service will be applied.
5.4.5. Maximum compensation.
5.4.5.1. A maximum of financial compensation is stipulated, which shall never exceed the monthly base fee of the service affected by the incident.
5.4.5.2. The CUSTOMER accepts the compensation detailed in section 5.4 hereof as valid and unique.
5.5. Method of compensation.
5.5.1. SW Hosting shall apply the crediting only on the base fee pertaining to the service affected by the compensable incident. It will not be credited or compensated on fees for other services that the CUSTOMER may have contracted with SW Hosting.
5.5.2. All those incidents in the service that are not covered by this SLA, or whose TTD are not reflected in section 5.4 of this SLA, are not subject to any claim for compensation by the CUSTOMER.
5.5.3. SW Hosting shall at no time be liable for compensation beyond those stipulated in this SLA, which the CUSTOMER accepts as the only compensation claimable against SW Hosting.
5.5.4. SW Hosting will at no time compensate anyone other than the CUSTOMER, nor any third party that may be harmed by the breach of the quality of service criteria set forth in section 2 of this SLA.
5.5.5. With the receipt of the compensation set forth in section 5.4 of this SLA quality of service, the CUSTOMER waives any civil or criminal actions that may apply with respect to SW Hosting attributing to the compensation received the status of balance and settlement without requesting or claiming anything else, accepting as fair and correct compensation stipulated in this SLA, which accepts.
DPA, Data Processing Agreement.
Definition and separation of responsibilities between SW Hosting and the CUSTOMER.
a. For On-Premise services. Housing and/or Collocation
a.1. The customer is responsible for: the management of Applications, Data, Runtime, Middleware, Operating Systems, Virtualization, Servers, Storage, Network.
a.2. SW Hosting is responsible for: Power and cooling of the room.
b. For Infrastructure as a Service (IaS). Cloud, VPS Dedicated Servers.
b.1. Are the responsibility of the customer: the management of Applications, Data, Runtime, Middleware, Operating Systems.
b.2. Are the responsibility of SW Hosting: Virtualization, Servers, Storage, Network.
c. For platform services (PaS). Shared Hosting
c.1. Are the customer's responsibility: Applications, Data management
c.2. Are the responsibility of SW Hosting: Runtime, Middleware, Operating Systems, Virtualization, Servers, Storage, Network.
EU SCC Module Definitions
a. Module 1: transfer from responsible party to responsible party
b. Module 2: transfer from responsible to manager
c. Module 3: transfer from processor to processor
d. Module 4: transfer from processor to processor
You can find all the documentation at https://ec.europa.eu/info/system/files/1_en_annexe_acte_autonome_cp_part1_v5_0.pdf
1. Scope, Order of Precedence and Term
1.1. This Data Processing DPA ("DPA") is an addendum to the CDS Customer Terms of Service between SW Hosting US, LLC ("SW Hosting") and Customer. SW Hosting and Customer are individually a "party" and, collectively, the "parties".
1.2. This DPA applies where and only to the extent that SW Hosting processes Personal Data on behalf of Customer in the course of providing the Services and such Personal Data is subject to the Data Protection Laws of the appropriate jurisdiction, including the State of California, the European Union, the European Economic Area and/or its member states, Switzerland and/or the United Kingdom. The parties agree to comply with the terms and conditions of this DPA in relation to such Personal Data.
1.3. The duration of the Processing covered by this DPA shall be in accordance with the duration of the CDS.
Definitions
2.1. "Controller" means the entity that determines the purposes and means of the processing of Personal Data. "Controller" includes equivalent terms in other Data Protection Laws, such as the term "Company" or "Third Party" as defined by the CCPA, as the context requires.
2.2. "Data Protection Law" means all data protection and privacy laws applicable to the processing of Personal Data under the Agreement as it relates to Customer, including Regulation 2016/679 (General Data Protection Regulation) ("GDPR"), and Cal. Civ. Code Title 1.81.5, § 1798.100 et seq. (California Consumer Privacy Act) ("CCPA").
2.3. "Data Subject" means an identified or identifiable natural person.
2.4. "Anonymized Data" means a data set that does not contain any Personal Data. Aggregated data is Anonymized Data. "De-identify" means to create Anonymized Data from Personal Data.
2.5. "EU" means the European Economic Area.
2.6. "Standard Contractual Clauses" means the European Union Standard Contractual Clauses for international transfers from the European Economic Area to third countries, Commission Implementing Decision (EU) 2021/914 of 4 June 2021.
2.7. "Personal Data" means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to a particular Data Subject by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person. "Personal Data" includes equivalent terms in other data protection laws, such as the term "personal information" as defined by the CCPA, as the context requires.
2.8. "Personal Data Breach" means a breach of security of the Services that results in the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data.
2.9. "Processing" or "Processing" means any operation or set of operations on Personal Data, whether by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction.
2.10. "Processor" means an entity that processes Personal Data on behalf of another entity. "Processor" includes equivalent terms in other data protection laws, such as the term "service provider" as defined by the CCPA, as the context requires.
2.11. "Sensitive Data" means the following types and categories of data: data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership; genetic data; biometric data; data relating to health, including protected health information governed by the Health Insurance Portability and Accountability Act; data relating to a natural person's sex life or sexual orientation; government identification numbers (e.g., SSNs, driver's license); payment card information; nonpublic personal information governed by the Gramm Leach Bliley Act; a non-encrypted identifier in combination with a password or other access code that would allow access to a data subject's account; and precise geolocation.
2.12. "Subprocessor" means a Processor engaged by a party acting as a Processor.
Description of the parties' personal data processing activities and the parties' statuses.
3.1. Attachments 1 through 3 attached to this DPA describe the purposes of the parties' Processing, the types or categories of Personal Data involved in the Processing and the categories of Data Subjects affected by the Processing.
3.2. Attachments 1 to 3 list the statuses of the parties under the relevant Data Protection Law.
4. International Transfer of Data
4.1. With respect to Personal Data of Data Subjects located in the EU, Switzerland or the UK that Customer transfers to SW Hosting or allows SW Hosting to access, the parties agree that by executing this DPA they also execute the Standard Contractual Clauses, which shall be incorporated by reference and form an integral part of this DPA. The parties agree that, with respect to those elements of the Standard Contractual Clauses that require input from the parties, Exhibits 1 through 3 contain all relevant information.
Data protection in general
5.1. Compliance. The parties shall comply with their respective obligations under the Data Protection Act and their privacy notices.
5.2. Processing of personal data by the Customer. Customer represents and warrants that it has the consent or other lawful basis necessary to collect Personal Data in connection with the Services.
5.3. Cooperation.
5.3.1.1. Requests from Data Subjects. The parties shall provide each other with reasonable assistance to enable them to fulfill their obligations to respond to requests from Data Subjects to exercise any rights such Data Subjects may have under the Data Protection Law.
5.3.2. Governmental and Investigative Requests. Customer will promptly notify SW Hosting if it receives a complaint or investigation from a regulatory authority that SW Hosting has violated or is violating the Data Protection Law.
5.3.3. Other Data Protection Act Requirements. Upon request, the parties will provide each other with relevant information to fulfill their respective obligations (if any) to conduct data protection impact assessments or prior consultations with data protection authorities.
5.4. Confidentiality. The parties shall ensure that their employees, independent contractors, agents and representatives are subject to obligations to maintain the confidentiality of Personal Data and have received privacy and data security training commensurate with their responsibilities and the nature of the Personal Data.
5.5. Anonymized, Anonymized or Aggregated Data. Parties may create Anonymized Data from Personal Data and process the Anonymized Data for any purpose.
Data Security
6.1 Security Controls. Each party shall maintain a written information security policy that defines security controls that are based on the party's risk assessment for the Personal Data that the party processes and the party's information systems. SW Hosting's security controls are described in Exhibit 2.3 and Exhibit 3.4.
Obligations of SW Hosting as a Processor, Sub-processor or Service Provider.
SW Hosting shall have the obligations set forth in this Section 7 if it processes Personal Data in its capacity as a Processor or Service Provider of Customer; for clarity, these obligations do not apply to SW Hosting in its capacity as a Controller, Company or Third Party.
7.2. Scope of Processing.
7.2.1. SW Hosting will Process the Personal Data to provide the Services to Customer under this DPA, and to comply with applicable law. SW Hosting will notify Customer if the law changes and those changes render SW Hosting unable to comply with this DPA.
7.3. Data Subjects' Requests to Exercise Their Rights. SW Hosting will promptly inform Customer if SW Hosting receives a request from a Data Subject to exercise his or her rights with respect to his or her Personal Data under the applicable Data Protection Law. Customer shall be responsible for responding to such requests. SW Hosting will not respond to such Data Subjects except to acknowledge their requests. SW Hosting will provide Customer with commercially reasonable assistance, upon request, to assist Customer in responding to a Data Subject's request.
7.4. SW Hosting Subprocessors.
7.4.1. Existing Subprocessors. Customer agrees that SW Hosting may use the Subprocessors listed in Exhibit 3.
7.4.2. Use of Subprocessors. Customer grants SW Hosting general authorization to engage Subprocessors if SW Hosting and a Subprocessor enter into an agreement that requires the Subprocessor to comply with obligations that are no less protective than this DPA.
7.4.3. Notification of Additions or Changes to Subprocessors. SW Hosting will notify Customer of any additions or replacements to its Subprocessors via email or other contact methods and will make that list available to Customer upon request. SW Hosting will provide Customer at least 30 days to object to the addition or replacement of Sub-processors in connection with SW Hosting's performance under this DPA, calculated from the date SW Hosting provides notice to Customer. If Customer reasonably objects to the addition or replacement of SW Hosting's Subprocessor, SW Hosting will immediately cease using that Subprocessor in connection with SW Hosting's Services under this DPA, and the parties will enter into good faith negotiations to resolve the matter. If the parties are unable to resolve the matter within 15 days of Customer's reasonable objection (which time period the parties may extend by written agreement), Customer may terminate this DPA and/or any statement of work, purchase order, or other written agreements. The parties agree that SW Hosting has sole discretion to determine whether Customer's objection is reasonable; however, the parties agree that Customer's objection is presumptively reasonable if the Sub-processor is a competitor of Customer and Customer has a reason to believe that the competitor could gain a competitive advantage from the Personal Data SW Hosting discloses to it, or Customer anticipates that SW Hosting's use of the Sub-processor would be contrary to law applicable to Customer.
7.4.4. Liability of Sub-processors. SW Hosting shall be liable for the acts or omissions of its Subprocessors to the same extent that SW Hosting would be liable if it performed the Subprocessor's services directly under the DPA, except as otherwise set forth in this DPA.
7.5. Personal Data Breach. SW Hosting will notify Customer without undue delay of a Personal Data Breach affecting Personal Data that SW Hosting processes in connection with the Services. Upon request, SW Hosting will provide information to Customer about the Personal Data Breach to the extent necessary for Customer to comply with any obligation it has to investigate or notify authorities, except that SW Hosting reserves the right to redact information that is confidential or competitively sensitive. Notifications will be sent to the email address Customer provides in Customer's account. Customer agrees that email notification of a Personal Data Breach is sufficient. SW Hosting agrees that it will notify Customer if its contact information changes. Customer agrees that SW Hosting may not notify Customer of security-related events that do not result in a Personal Data Breach.
7.6. Removal and Return of Personal Data. Upon deactivation of the Services, all Personal Data will be deleted, except that this requirement does not apply to the extent that SW Hosting is required by applicable law to retain some or all Personal Data, or to Personal Data that it has archived in backup systems, which such Personal Data SW Hosting will securely isolate and protect from further processing, except to the extent required by applicable law.
7.7. Audits.
7.7.1. SW Hosting will maintain records of its security standards. Upon Customer's written request, SW Hosting will provide (on a confidential basis) copies of relevant external ISMS certifications, audit report summaries and/or other documentation reasonably required by Customer to verify SW Hosting's compliance with this DPA. SW Hosting will also provide written responses (on a confidential basis) to all reasonable requests for information made by Customer, including responses to information security and audit questionnaires, that Customer (acting reasonably) deems necessary to confirm SW Hosting's compliance with this DPA, provided that Customer shall not exercise this right more than once per year.
7.7.2. To the extent that the Standard Contractual Clauses apply and the Customer reasonably argues and establishes that the above documentation and/or other third party audit reports are not sufficient to demonstrate compliance with the obligations set forth in this DPA, the Customer may execute an audit as set forth in Clause 8. 9 of the Standard Contractual Clauses accordingly, provided that in such case, the parties agree that: (a) Customer is responsible for all costs and fees related to such audit (including time, cost and materials expended by SW Hosting); (b) a third party auditor must be mutually agreed between the parties to follow industry standard and appropriate audit procedures; (c) such audit must not unreasonably interfere with SW Hosting's business activities and must be reasonable in time and scope; and (d) the parties must agree to a specific audit plan prior to any audit, which must be negotiated in good faith between the parties. For the avoidance of doubt, nothing in this Section 7.7.2 modifies or varies the Standard Contract Clauses, and to the extent that a competent authority finds otherwise or any part of Section 7.7.2 is otherwise prohibited, unenforceable or inappropriate in view of the Standard Contract Clauses, the relevant part shall be severed and the remaining provisions of this DPA shall not be affected.

Attachment 1: Description of Processing and Subprocessors.
$
$
$
$Processing activity.
$Status of parties
$Categories of processed personal data
$Categories of sensitive data processed
$Frequency of the transfer
$Applicable SCC module
$
$
$
$
$CUSTOMER discloses personal data to SW Hosting to provide, operate and maintain the SW Hosting services.
$CUSTOMER is a controller.

SW Hosting is a controller.
$Account registration, payment information, user content, communications, cookies and other tracking technologies, use of the Services, and third-party accounts.
$None.
$Continuous
$Modulo 1
$
$
$The CUSTOMER discloses personal data to improve, analyze and customize SW Hosting services.
$Customer is a controller.

SW Hosting is a controller.
$Account registration, payment information, user content, communications, cookies and other tracking technologies, use of the Services, and third party accounts.
$None.
$Continuous
$Modulo 1
$
$
$Customer contacts SW Hosting for technical support $Customer contacts SW Hosting for technical support.
$CUSTOMER is a controller.

SW Hosting is a controller.
$Account registration, payment information, user content, communications, use of the Services, and third party accounts.
$None.
$Continuous
$Modulo 1
$
$
$The CUSTOMER stores end-user data in SW Hosting services.
$SW Hosting is a processor.

CUSTOMER is a controller or processor of a controller.
$As determined by the CUSTOMER.
$As determined by the CUSTOMER.
$As determined by the CUSTOMER.
$Module 2

or Module 3 (if the CUSTOMER is a processor of another controller).
$
$
$.
Processing Activity: CUSTOMER discloses personal data to SW Hosting to provide, operate and maintain SW Hosting services.
Status of the parties: CUSTOMER is a controller. SW Hosting is a controller.
Categories of Personal Data Processed: Account registration, payment information, user content, communications, cookies and other tracking technologies, use of the Services and third party accounts.
Categories of Sensitive Data Processed: None.
Frequency of transfer: Continuous
Applicable SCC module: Module 1
Processing activity: The CUSTOMER discloses personal data to improve, analyze, customize and SW Hosting services.
Status of the parties: The CUSTOMER is a controller. SW Hosting is a controller.
Categories of Personal Data Processed: Account registration, payment information, user content, communications, cookies and other tracking technologies, use of the Services and third party accounts.
Categories of Sensitive Data Processed: None.
Frequency of transfer: Continuous
Applicable SCC module: Module 1
Processing activity: CUSTOMER contacts SW Hosting for technical support.
Status of parties: CUSTOMER is a controller. SW Hosting is a controller.
Categories of personal data processed: Account registration, payment information, user content, communications, use of the Services and third party accounts.
Categories of Sensitive Data Processed: None.
Frequency of transfer: Continuous
Applicable SCC module: Module 1
Processing activity: The CUSTOMER stores end-user data in the SW Hosting services.
Status of the parties: SW Hosting is a processor. The CUSTOMER is a controller or processor of a controller.
Categories of personal data processed: As determined by the CUSTOMER.
Categories of sensitive data processed: As determined by the CUSTOMER.
Frequency of transfer: As determined by the CUSTOMER.
Applicable SCC module: Module 2 or Module 3 (if the CUSTOMER is a processor of another controller).

Annex 2: Controller information for international data transfers.
1. Retention periods.
SW Hosting retains the Personal Data it collects as Controller for as long as SW Hosting has a business purpose for it or for as long as permitted by applicable law.
2. Technical and organizational measures.
$
$
$
$Technical and organizational security measure.
$Evidence of the technical and organizational safety measure.
$
$
$
$
$Personal data pseudonymization and encryption measures $Personal data pseudonymization and encryption measures
$The SW Hosting databases that store the CUSTOMER's Personal Data are encrypted..
$
$
$Measures for data protection during transmission.
Measures for data protection during storage.
$The SW Hosting databases storing the CUSTOMER's Personal Data are encrypted..
$
$
$Measures to ensure the continued confidentiality, integrity, availability and resilience of processing systems and services.
Measures to ensure the ability to restore availability and access to Personal Data in a timely manner in the event of a physical or technical incident.
$SW Hosting uses a variety of tools and mechanisms to achieve high availability and resiliency. SW Hosting's infrastructure encompasses multiple fault-independent availability zones. SW Hosting's infrastructure is capable of detecting and resolving problems experienced by hosts or even entire data centers in real time and employing orchestration tools that have the ability to regenerate hosts, building them from the last backup. SW Hosting also uses specialized tools that monitor server performance, data and traffic load capacity within each availability zone and colocation data center.
$
$
$Processes to periodically test, assess and evaluate the effectiveness of technical and organizational measures in order to ensure the security of processing.
$SW Hosting conducts a variety of regular internal and external audits including security operations.
SW Hosting has developed and implemented a security control environment designed to protect the confidentiality, integrity and availability of customer systems. The customer data usage policy governs the requirements for the use of customer data in accordance with various industry standards.
$
$
$Measures for identification and authorization of users.
$Access control policies require that access to SW Hosting assets be granted based on a business justification, with authorization from the asset owner and limits based on "need to know" and "least privilege" principles. In addition, the policy also addresses requirements for the access management lifecycle, including access provisioning, authentication, access authorization, removal of access rights, and periodic access reviews.Documentation of these requirements is recorded and provided to external auditors for security certification testing.
$
$
$Measures to ensure the physical security of locations where personal data is processed.
$SW Hosting data centers are physically managed and monitored 24 hours a day to protect data and services from unauthorized access as well as environmental threats. All data centers have restricted access to individuals through biometric credential controlled doors, and CCTV is used to monitor physical access to data centers and information systems. Cameras are placed to monitor perimeter doors, facility entrances and exits, interior corridors, caged areas, high security areas, shipping and receiving, external areas of the facility such as parking lots and other areas of the facility.
$
$
$Measures to ensure event registration.
$Service, user and security event logging (web server logs, FTP server logs, etc.) is enabled and centrally maintained. SW Hosting restricts access to audit logs to authorized personnel based on job responsibilities.
Audit log procedures are reviewed as part of external audits for security standards.
$
$
$Measures for internal IT security governance and management.
Measures for process and product certification/assurance
$SW Hosting has developed and implemented a security control environment designed to protect the confidentiality, integrity and availability of customer systems. SW Hosting conducts an annual internal review of all security management policies and procedures. External auditors conduct an annual review of these policies and procedures.
SW Hosting conducts a variety of regular internal and external controls and audits that include security operations.
$
$
$Measures to ensure data minimization.
Measures to ensure data quality.
Measures to ensure limited data retention.
Measures to ensure accountability.
Measures to enable data portability and ensure data deletion
$For more information on these points, please refer to the Privacy Policy.
$
$
$Technical and organizational measures to be taken by the [sub]-processor to assist the controller and, in the case of transfers from a processor to a [sub]-processor, to the CUSTOMER.
$When SW Hosting contracts with a Subprocessor, SW Hosting and the Subprocessor enter into an agreement with data protection obligations substantially similar to those contained in this Addendum. Each Subprocessor agreement must ensure that SW Hosting is able to fulfill its obligations to CUSTOMER. In addition to implementing technical and organizational measures to protect Personal Data, Subprocessors must (a) notify SW Hosting in the event of a Security Incident so that SW Hosting can notify CUSTOMER; (b) delete Personal Data when directed by SW Hosting in accordance with CUSTOMER's instructions to SW Hosting; © not engage additional Subprocessors without SW Hosting's authorization; (d) not change the location where Personal Data is processed; or (e) process Personal Data in a manner that conflicts with CUSTOMER's instructions to SW Hosting.
$
$
$.
Technical and organizational security measure: Pseudonymization and personal data encryption measures.
Evidence of the technical and organizational security measure: SW Hosting's databases that store the CUSTOMER's Personal Data are encrypted.
Technical and organizational security measure: Measures for data protection during transmission
Measures for data protection during storage.
Evidence of the technical and organizational security measure: SW Hosting's databases storing the CUSTOMER's Personal Data are encrypted.
Technical and organizational security measure: Measures to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services. Measures to ensure the ability to restore availability and access to personal data in a timely manner in the event of a physical or technical incident.
Evidence of technical and organizational security measure: SW Hosting uses a variety of tools and mechanisms to achieve high availability and resilience. SW Hosting's infrastructure encompasses multiple fault-independent availability zones. SW Hosting's infrastructure is able to detect and resolve problems experienced by hosts or even entire data centers in real time and employ orchestration tools that have the ability to regenerate hosts, building them from the last backup. SW Hosting also uses specialized tools that monitor server performance, data and traffic load capacity within each availability zone and colocation data center.
Technical and organizational security measure: Processes to periodically test, assess and evaluate the effectiveness of technical and organizational measures in order to ensure the security of processing.
Evidence of technical and organizational security measure: SW Hosting conducts a variety of regular internal and external audits including security operations. SW Hosting has developed and implemented a security control environment designed to protect the confidentiality, integrity and availability of customer systems. The Customer Data Use Policy governs the requirements for the use of customer data in accordance with various industry standards.
Technical and organizational security measure: Measures for user identification and authorization.
Evidence of technical and organizational security measure: Access control policies require that access to SW Hosting assets be granted on a business justification basis, with authorization from the asset owner and limits based on "need to know" and "least privilege" principles. In addition, the policy also addresses requirements for the access management lifecycle, including access provisioning, authentication, access authorization, removal of access rights, and periodic access reviews.Documentation of these requirements is recorded and provided to external auditors for security certification testing.
Technical and organizational security measure: Measures to ensure the physical security of the locations where personal data is processed.
Evidence of technical and organizational security measure: SW Hosting's data centers are physically managed and monitored 24 hours a day to protect data and services from unauthorized access as well as environmental threats. All data centers have restricted access to individuals through biometric credential controlled doors.CCTV is used to monitor physical access to data centers and information systems. Cameras are placed to monitor perimeter doors, facility entrances and exits, interior corridors, caged areas, high security areas, shipping and receiving, external areas of the facility such as parking lots and other areas of the facility.
Technical and organizational security measure: Measures to ensure event registration.
Evidence of technical and organizational security measure: Service, user and security event logging (web server logs, FTP server logs, etc.) is enabled and centrally retained. SW Hosting restricts access to audit logs to authorized personnel based on job responsibilities. Audit log procedures are reviewed as part of external audits for security standards.
Technical and organizational security measure: Measures for internal IT security governance and management. Measures for certification/assurance of processes and products.
Evidence of technical and organizational security measure: SW Hosting has developed and implemented a security control environment designed to protect the confidentiality, integrity and availability of customer systems. SW Hosting conducts an annual internal review of all security management policies and procedures. External auditors conduct an annual review of these policies and procedures. SW Hosting conducts a variety of regular internal and external reviews and audits including security operations.
Technical and organizational security measures: Measures to ensure data minimization. Measures to ensure data quality. Measures to ensure limited data retention. Measures to ensure accountability. Measures to enable data portability and ensure data deletion.
Evidence of the technical and organizational security measure: For more information on these points, please refer to the Privacy Policy.
Technical and organizational security measure: Technical and organizational measures to be taken by the [sub]-processor to provide assistance to the controller and, in the case of transfers from a processor to a [sub]-processor, to the CUSTOMER.
Evidence of Technical and Organizational Security Measure: When SW Hosting engages a Sub-Processor, SW Hosting and the Sub-Processor enter into an agreement with data protection obligations substantially similar to those contained in this Addendum. Each Subprocessor agreement must ensure that SW Hosting is able to meet its obligations to the CUSTOMER. In addition to implementing technical and organizational measures to protect Personal Data, Subprocessors must (a) notify SW Hosting in the event of a Security Incident so that SW Hosting can notify the CUSTOMER; (b) delete Personal Data when directed by SW Hosting in accordance with the CUSTOMER's instructions to SW Hosting; © not engage additional Subprocessors without SW Hosting's authorization; (d) not change the location where Personal Data is processed; or (e) process Personal Data in a manner that conflicts with the CUSTOMER's instructions to SW Hosting.
3. Information for international transfers.
For the purposes of the Standard Contractual Clauses the following updates/modifications to the SCC Modules clause are established
Clause 11(a), Module 1: The parties do not select the independent dispute resolution option.
Clause 17, Module 1: The parties select option 1. The Member State is: Spain.
Clause 18(b), Module 1: The parties agree that it shall be the courts of Spain.
Annex I(A): The data exporter is the CUSTOMER. The data importer is SW Hosting. Customer's contact details are the email address(es) designated by Customer in its SW Hosting account. SW Hosting's contact details are: [email protected].
Exhibit I(B): The parties agree that Exhibit 1 describes the transfer.
Annex I(C): The competent supervisory authority is the supervisory authority of: The Dutch Data Protection Authority (Autoriteit Persoonsgegevens).
Annex II: The parties agree that Annex 2.3 describes the technical and organizational measures applicable to the transfer.

Annex 3: Controller to Processor and/or Processor to Processor information for international data transfers.
1. Subprocessors
SW Hosting uses Subprocessors when acting as a Processor. Customer authorizes SW Hosting to use these Subprocessors in accordance with Section 7.4. Subprocessors are available upon request at [email protected].
2. Retention Periods.
SW Hosting retains Personal Data it collects or receives from Customer as a Processor for the duration of the Agreement and in accordance with its obligations in this DPA.
3. Technical and organizational measures.
$
$
$Technical and organizational security measures.
$Evidence of the technical and organizational safety measure.
$
$
$
$
$Personal data pseudonymization and encryption measures
Measures to ensure the continued confidentiality, integrity, availability and resilience of processing systems and services.
$Customer responsibility.
$
$
$Measures to ensure the ability to restore availability and access to personal data in a timely manner in the event of a physical or technical incident.
$Customer's responsibility: It is the customer's responsibility to back up and use redundancy mechanisms to protect its content data.
$
$
$Processes for periodically testing, assessing and evaluating the effectiveness of technical and organizational measures in order to ensure the security of processing
Measures for the identification and authorization of users
Measures for the protection of data during transmission
Measures for the protection of data during storage.
$Customer liability.
$
$
$Measures to ensure the physical security of the locations where personal data is processed $Measures to ensure the physical security of the locations where personal data is processed
$SW Hosting data centers are physically managed and monitored 24 hours a day to protect data and services from unauthorized access as well as environmental threats. All data centers have restricted access to individuals through biometric credential controlled doors, and CCTV is used to monitor physical access to data centers and information systems. Cameras are placed to monitor perimeter doors, facility entrances and exits, interior corridors, caged areas, high security areas, shipping and receiving, external areas of the facility such as parking lots and other areas of the facility.
$
$
$Measures to ensure event logging
Measures to ensure internal IT security governance and management
Measures to ensure process and product certification/assurance
Measures to ensure data minimization
Measures to ensure data quality assurance
Measures to ensure limited data retention
Measures to ensure accountability.
$Customer liability.
$
$
$Measures to enable data portability and ensure deletion $Measures to enable data portability and ensure deletion.
$The Customer can export or delete the Content of its services using whenever it wishes, including installing data export and import tools in its services.
$
$
$Technical and organizational measures to be taken by the [sub]processor to assist the controller and, in the case of transfers from a processor to a [sub]processor, the Customer.
$Customer's responsibility.
$
$
$.

Technical and organizational security measures:Pseudonymization and encryption measures for personal data
Measures to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services.
Evidence of technical and organizational security measure: Responsibility of the customer.
Technical and organizational security measures: Measures to ensure the ability to restore availability and access to personal data in a timely manner in the event of a physical or technical incident.
Evidence of technical and organizational security measure: Customer's responsibility: It is the customer's responsibility to perform backups and use redundancy mechanisms to protect its content data.
Technical and organizational security measures: Processes for periodically testing, assessing and evaluating the effectiveness of technical and organizational measures to ensure the security of processing
Measures for the identification and authorization of users
Measures for the protection of data during transmission
Measures for the protection of data during storage.
Evidence of the technical and organizational security measure: Responsibility of the customer.
Technical and organizational security measures: Measures to ensure the physical security of the places where personal data are processed.
Evidence of technical and organizational security measure: SW Hosting's data centers are physically managed and monitored 24 hours a day to protect data and services from unauthorized access as well as environmental threats. All data centers have restricted access to individuals through biometric credential controlled doors. CCTV is used to monitor physical access to data centers and information systems. Cameras are placed to monitor perimeter doors, facility entrances and exits, interior corridors, caged areas, high security areas, shipping and receiving, external areas of the facility such as parking lots and other areas of the facility.
Technical and organizational security measures:Measures to ensure event logging
Measures for internal IT security governance and management
Measures for process and product certification/assurance
Measures to ensure data minimization
Measures to ensure data quality assurance
Measures to ensure limited data retention
Measures to ensure accountability.
Evidence of technical and organizational security measure: Customer liability.
Technical and organizational security measures: Measures to enable data portability and ensure erasure.
Evidence of the technical and organizational security measure: The Customer may export or delete the Content of its services using whenever it wishes, including by installing data export and import tools in its services.
Technical and organizational security measures: Technical and organizational measures to be taken by the [sub]processor to assist the controller and, in the case of transfers from a processor to a [sub]processor, to the Customer.
Evidence of the technical and organizational security measure: Responsibility of the Client.


4. Information for international transfers.
For the purposes of the Standard Contractual Clauses, the following updates/modifications are made to the SCC Module clauses
Clause 9, Module 2(a): The parties select option 2. The deadline is 10 days.
Clause 11(a): The parties do not select the independent dispute resolution option.
Clause 17, Module 2: The parties select option 2. The Member State of the data exporter is: Spain.
Clause 18(b), Module 2: The parties agree that it shall be the courts of Spain.
Annex I(A): The data exporter is the Customer. The data importer is SW Hosting. The Customer's contact details are the email address(es) designated by the Customer in its SW Hosting account. SW Hosting's contact details are: [email protected].
Exhibit I(B): The parties agree that Exhibit 1 describes the transfer.
Annex I(C): The competent supervisory authority is the supervisory authority of: Customer acting as data exporter.
Annex II: The parties agree that Annex 3.3 describes the technical and organizational measures applicable to the transfer.
TDT, Third Party Data Processing Agreement.
This agreement for Data Processing by third parties, hereinafter TDT, is established for customers located in the Spanish territory and who are subject to the rules of the Spanish Data Protection Agency, hereinafter AEPD, likewise, this TDT is established between SW Hosting US, LLC or/and its affiliates, which we will refer to as "SW Hosting" and who manage or may manage on demand the personal data of third parties and/or you. Also, in this TDT, when we refer to you we will refer to "CUSTOMER".
Definitions
1.1. Responsible for the file(s) and/or processing: natural or legal person, of public or private nature, or administrative body, who decides on the purpose, content and use of the processing.
1.2. Processor: the natural or legal person, public authority, department or any other body which, alone or jointly with others, processes personal data on behalf of the controller.
1.3. According to the above terminology:
1.3.a. The CUSTOMER is the controller of the file(s) and/or the processing.
1.3.b. SW Hosting, may act as data processor, if the CUSTOMER so requests, and for as long as SW Hosting has access to the service.
2. Access to service and data
2.1. SW Hosting will generate, at the time of contracting the service, subject of this, an access password security with a minimum hardness of 80% according to calculation algorithms based on SHA2, which will be provided to the CUSTOMER.
2.2. SW Hosting delivers the service object of the present without data.
2.3. SW Hosting will not store this password to ensure total confidentiality of the service, as well as the data that the CUSTOMER in it located.
2.3.a. Also, SW Hosting advises the CUSTOMER to change the random access password generated by SW Hosting, as detailed in point 2.1, within a period not exceeding 24 hours.
3. Access Request and data processing process
3.1. The CUSTOMER may request and audit SW Hosting, if deemed appropriate, access to your service, and therefore, access to the data that are located therein.
This access will always be temporary, and SW Hosting will notify the customer the termination of it.
3.2. To request and authorize SW Hosting access to the service hereunder, the customer must:
3.2.a. Open a Systems Engineering or Security Ticket related to the service subject hereof, through its SWPanel.
3.2.b. Detail the tasks to be performed by SW Hosting, as well as authorize specific access to the data that the CUSTOMER deems appropriate and necessary.
3.2.c. Provide in this same Ticket, the necessary access data, so that SW Hosting can access the service.
3.2.d. The CUSTOMER shall authorize the nature of access, determining a username and password that will be provided to SW Hosting as detailed in point 3.2.b.
3.2.e. If the CUSTOMER deems appropriate, may provide a user to SW Hosting without any access to data.
3.3. Once access by SW Hosting to the service and data is established, the clauses detailed in section 4 of this Annex shall apply.
3.3.a. If the nature of the access provided by the CUSTOMER to SW Hosting does not involve access to data, the clauses detailed in section 4 of this Annex shall not apply.
3.4. SW Hosting will proceed to access the service to perform the tasks entrusted by the customer and that must be unequivocally detailed in the Ticket.
3.5. Once the access is completed, SW Hosting will proceed to close the Ticket and detail all those actions that have been performed on the service, as well as, if any, all possible effects on the data.
3.6. SW Hosting will destroy the access data provided by the CUSTOMER to ensure total confidentiality of the same.
3.7. THE CUSTOMER must change the service access data provided to SW Hosting.
4. Purpose of the processing order.
4.1. The CUSTOMER shall define the purpose of the data processing as detailed in section 3.1 hereof.
4.2. Identification of the information concerned.
For the execution of the services derived from the fulfillment of the object of this order, the CUSTOMER or data controller, makes available to SW Hosting, the entity in charge of the processing, the information described below:
4.2.a. Data and password for access to the service and data.
4.2.b. Details of the actions that you want SW Hosting to perform in relation to the data contained in the service.
4.3. Duration.
This TDT has the duration stipulated by the time it takes SW Hosting to process and close the Ticket in which the CUSTOMER authorizes the processing of data. Upon termination, the data processor will delete all data contained in the service, as well as any copies in its possession.
4.4. Obligations of the data processor or SW Hosting.
During the process of access to the service and data, according to guidelines detailed in section 3 of this annex, SW Hosting and all its staff are obliged to:
4.4.1. Use the personal data subject to processing, or those it collects for inclusion, only for the purpose subject to this assignment. Under no circumstances may it use the data for its own purposes.
4.4.2. To process the data in accordance with the instructions of the data controller. If the processor considers that any of the instructions infringes the RGPD or any other data protection provisions of the Union or of the Member States, the processor shall immediately inform the controller.
4.4.3. Keep a written record of all categories of processing activities carried out on behalf of the controller, containing:
4.4.3.a. The name and contact details of the processor(s) and of each controller on whose behalf the processor is acting and, where applicable, of the representative of the controller or of the processor and of the data protection officer.
4.4.3.b. The categories of processing operations carried out on behalf of each controller.
4.4.3.c. Where applicable, transfers of personal data to a third country or international organization, including the identification of such third country or international organization and, in the case of transfers referred to in the second subparagraph of Article 49(1) of the RGPD, documentation of appropriate safeguards.
4.4.4. A general description of the technical and organizational security measures relating to:
4.4.4.a. Pseudonymization and encryption of personal data.
4.4.4.b. The ability to ensure the continuing confidentiality, integrity, availability and resilience of the processing systems and services.
4.4.4.c. The ability to restore availability and access to personal data quickly in the event of a physical or technical incident. The process of regular verification, evaluation and assessment of the effectiveness of technical and organizational measures to ensure the security of processing.
4.4.5. Not to communicate the data to third parties, except with the express authorization of the data controller, in the legally admissible cases. The processor may communicate the data to other processors of the same controller, in accordance with the instructions of the controller. In this case, the controller shall identify, in advance and in writing, the entity to which the data must be communicated, the data to be communicated and the security measures to be applied to proceed with the communication.
If the processor must transfer personal data to a third country or to an international organization under Union or Member State law applicable to it, it shall inform the controller of that legal requirement in advance, unless such law prohibits it for important reasons of public interest.
4.4.6. Subcontracting.
Not to subcontract any of the services that form part of the object of this contract that involve the processing of personal data, except for the auxiliary services necessary for the normal operation of the services of the person in charge.
If it is necessary to subcontract any processing, this fact must be previously communicated in writing to the person in charge, 15 days in advance, indicating the processing to be subcontracted and clearly and unequivocally identifying the subcontracting company and its contact details. The subcontracting may be carried out if the data controller does not express his opposition within the established period.
The subcontractor, who will also have the status of data processor, is also obliged to comply with the obligations established in this TDT for the data processor and the instructions issued by the data controller. It is the responsibility of the initial processor to regulate the new relationship in such a way that the new processor is subject to the same conditions (instructions, obligations, obligations, etc.) to the same conditions (instructions, obligations, security measures...) and with the same formal requirements as him/her, as regards the proper processing of personal data and the guarantee of the rights of the data subjects. In the event of non-compliance by the sub-processor, the initial processor shall remain fully liable to the controller for compliance with the obligations.
4.4.6.a. To maintain the duty of secrecy with regard to the personal data to which it has had access by virtue of the present assignment, even after the end of its object.
4.4.6.b. To ensure that the persons authorized to process personal data undertake, expressly and in writing, to respect confidentiality and to comply with the corresponding security measures, of which they must be duly informed.
4.4.6.c. To keep at the disposal of the person in charge the documentation accrediting compliance with the obligation established in the previous section.
4.4.6.d. To ensure the necessary training in the protection of personal data for the persons authorized to process personal data.
4.4.7. Assist the data controller in responding to the exercise of the rights of access, rectification and erasure:
4.4.7.a. Limitation of processing and access.
4.4.7.b. Data portability
4.4.8. Notification of data security breaches during the process of data processing delegation.
The data processor shall notify the data controller, without undue delay, and in any case within a maximum period of 15 days, and by e-mail to the e-mail address indicated at the time of contracting the service hereunder, of any breaches of security of the personal data under its responsibility of which it becomes aware, together with all relevant information for the documentation and communication of the incident.
Notification shall not be required when such security breach is unlikely to constitute a risk to the rights and freedoms of natural persons.
4.4.9. Support the controller in carrying out data protection impact assessments, where appropriate.
4.4.10. Support the controller in carrying out prior consultations with the supervisory authority, where appropriate.
4.4.11. Make available to the controller all information necessary to demonstrate compliance with its obligations, as well as for the performance of audits or inspections carried out by the controller or another auditor authorized by the controller.
4.4.12. To implement the following security measures:
The security measures relating to data processing, established in our security regulations certified and audited according to the regulatory standard UNE-EN ISO / IEC 27001: 2013, audited and certified annually with certificate number IS 676402.
4.4.13. Designate a data protection officer and communicate his/her identity and contact details to the person in charge.
4.4.14. Destination of data.
4.4.14.1. Upon termination of the access requested by the CUSTOMER
Destroy any copy of the data accessed and ensure the destruction of the access passwords used to access the data.
4.4.14.2. Upon termination of the CUSTOMER's service contract.
Completely destroy the data and content of the service in a secure and irreversible manner.
4.5. Obligations of the data controller or the CUSTOMER.
4.5.a. To deliver to the processor the data referred to in clause 4.2 of this TDT.
4.5.b. Comply with the legal requirements of the RGPD in the protection of personal data of the processing operations to be carried out by the processor.
4.5.c. To carry out the corresponding prior consultations.
4.5.d. To ensure, prior to and throughout the processing, that the processor complies with the RGPD.
4.5.e. If it deems it appropriate, to supervise the processing, including carrying out inspections and audits.
4.5.f. Right of information. It is the responsibility of the person in charge to provide the right to information at the time of data collection.
4.5.g. It is the responsibility of the data controller to attend to the rights of access, rectification, cancellation, opposition and portability of the personal data that he/she manages.
PDP Privacy Policy
This Privacy Policy describes how SW Hosting US, LLC and its affiliates, which we will refer to as "SW Hosting" collect, use and share information in connection with your use of our websites (including www.swhosting.com and www.swpanel.com), services and applications (collectively, the "Services"). This Privacy Policy (the "Privacy Policy") does not apply to information that our customers may process when using our Services. Also, in this Privacy Policy, when we refer to you we will refer to "CUSTOMER".
If you are looking for CCPA-specific information, see also our CCPA Privacy Notice, which is incorporated into this Privacy Policy.
If you are looking for specific GDPR information, see also our GDPR Privacy Notice, which is incorporated into this Privacy Policy.
We may collect and receive information about users of our Services, CUSTOMERS from a variety of sources, including (i) information you provide through your user account on the Services (your "Account") if you register for the Services; (ii) your use of the Services; and (iii) from third party websites, services and partners.
We encourage you to read this Privacy Policy in its entirety, including the Additional Disclosures referenced at the end of this PDP, to ensure that you are fully informed. If you have any questions about this Privacy Policy or SW Hosting's data collection, use and disclosure practices, please contact us at [email protected].
Information we collect
Information that the CUSTOMER provides
Account Registration. When CUSTOMER registers for an account, we may ask for CUSTOMER contact information, including items such as name, company name, address, email address and phone number.
1.1.1. If you choose to recommend our services to a friend, we may also collect your friend's email address so that we can send them a promotional or referral code to register for our services.
Payment information
When the CUSTOMER adds his financial account information to his Account, he can use two payment management systems.
1.2.1 If you choose to use third party payment providers, we do not store your financial account information in our systems; however, we have access to, and may retain, subscriber information through our third party payment processor.
1.2.2 If you use payment providers managed directly by SW Hosting, in that case, we store your financial account information on our systems in a manner that is properly secured and audited annually against ISO 27001 standards.
1.3. Personal data. Personal Data is information that identifies, relates to, describes, is reasonably capable of being associated with or could reasonably be linked, directly or indirectly, to a Data Subject, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. "Personal Data" includes equivalent terms in other data protection laws, such as the term "personal information" as defined by the CCPA or GDPR, as the context may require.
1.4. Communications. If you contact us directly, we may receive additional information about the CUSTOMER, such as your name, email address, telephone number, the content of the message and/or attachments the CUSTOMER sends, and any other information you choose to provide. We may also receive a confirmation when the CUSTOMER opens an e-mail from us.
The personal information you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the time we ask you to provide that information.
2. Information we collect when the CUSTOMER uses our services.
2.1. Cookies and other tracking technologies. As with most websites, we collect certain information automatically and store it in log files. In addition, when the CUSTOMER uses our Services, we may collect certain information automatically from your device. This information may include Internet Protocol (IP) addresses, browser type, Internet Service Provider (ISP), referring/exit pages, operating system, date/time stamp, clickstream data, landing page and referring URL. To collect this information, a cookie may be placed on your computer or device when you visit our Services. Cookies contain a small amount of information that allows our web servers to recognize you. We store the information we collect through cookies, log files and/or clear gifs to record your preferences. We may also automatically collect information about your use of features of our Services, about the functionality of our Services, frequency of visits and other information related to CUSTOMER interactions with the Services. We may track your usage across different websites and services. In some countries, including those in the European Economic Area ("EU"), the information referred to in this paragraph may be considered personal data under applicable data protection laws.
2.2. Use of our Services. When the CUSTOMER uses our Services, we may collect information about your participation in and use of our Services, such as processor and memory usage, storage capacity, navigation through our Services and system-level metrics. We use this data to operate the Services, maintain and improve the performance and utilization of the Services, develop new features, protect the security of our Services and our customers, and provide customer support. We also use this data to develop aggregate analytics and business intelligence to enable us to operate, protect, make informed decisions and report on the performance of our business.
Information we receive from third parties.
3.1. Third party accounts. If CUSTOMER chooses to link our Services to a third party account, we will receive information about that account, such as your third party account authentication token, to authorize the linkage. If you wish to limit the information available to us, you should visit the privacy settings of your third party accounts to learn about your options.
How We Use Information
We use the information we collect in a number of ways, including
4.1. To provide, operate and maintain our Services
4.2. Improve, customize and enhance our Services
Understand and analyze how you use our Services 4.4.
4.4. Develop new products, services, features and functionalities
Communicate with the CUSTOMER, either directly or through one of our partners, including for customer service, to provide you with updates and other information related to the Service, and for marketing and promotional purposes
4.6. Process your transactions
4.7. To find and prevent fraud
4.8. For compliance purposes, including enforcement of our Terms of Service, or other legal rights, or as may be required by applicable laws and regulations or requested by any judicial proceeding or governmental agency.
How we share information
We may share the information we collect in a variety of ways, including the following:
5.1. Vendors and Service Providers. We may share information with third party vendors and service providers who perform services on our behalf, for example, to help provide our Services, for promotional and/or marketing purposes, and to provide you with information relevant to the CUSTOMER, such as product announcements, software updates, special offers or other information.
5.2. Aggregate Information. Where permitted by law, we may use and share information about users with our partners in aggregate or de-identified form that cannot reasonably be used to identify you.
5.3 . Advertising. We work with third party advertising partners to show you advertisements that we believe may be of interest to you. These advertising partners may set and access their own cookies, pixel tags and similar technologies on our Services, and may collect or have access to information about the CUSTOMER that they may collect over time and across different online services.
5.4. Third Party Partners. We also share information about users with third party partners to receive additional publicly available information about the CUSTOMER.
5.5. Information we share when the CUSTOMER registers through a recommendation. If the CUSTOMER registers for our Services through the recommendation of a friend, we may share information with their referrer to let them know that the CUSTOMER used their recommendation to register for our Services.
5.6. Analytics. We use analytics providers such as Google Analytics. Google Analytics uses cookies to collect non-identifiable information. Google provides some additional privacy options in connection with its Analytics cookies at http://www.google.com/policies/privacy/partners/.
5.7. Business Transfers. Information may be disclosed and transferred to any prospective acquirer, successor or assignee as part of any proposed merger, acquisition, debt financing, asset sale or similar transaction, or in the event of insolvency, bankruptcy or receivership in which the information is transferred to one or more third parties as one of our business assets.
As Required by Law and Other Similar Disclosures. We may also share information to (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce this Privacy Policy and our Terms of Service, including investigation of potential violations thereof; (iii) detect, prevent or otherwise address fraud, security or technical issues; (iv) respond to your requests; or (v) protect our rights, property or safety, our users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam/malware prevention.
5.9. In addition, we may share any additional information with your express consent.
6. Legal basis for processing personal information
Our legal basis for collecting and using the personal data described above will depend on the personal data in question and the specific context in which we collect it.
However, we will normally only collect your personal data (i) where we need it to perform a contract with the CUSTOMER; (ii) where the processing is in our legitimate interest and is not overridden by your rights; or (iii) where we have your consent to do so. We have a legitimate interest in the operation of our Services and in communicating with the CUSTOMER as necessary to provide these Services, for example, in responding to your inquiries, improving our platform, conducting marketing activities, or for the purpose of detecting or preventing illegal activities.
In some cases, we may also have a legal obligation to collect your personal data or we may need it to protect your vital interests or those of another person.
If we ask you to provide us with personal data to comply with a legal requirement or to perform a contract with the CUSTOMER, we will let you know at the relevant time and inform you whether or not the provision of your personal data is mandatory (as well as the possible consequences if you do not provide us with your personal data).
7. Third party services
The CUSTOMER may access other third party offers through the Services, for example, by clicking on links to such third party offers from the Services. SW Hosting is not responsible for the privacy policies and/or practices of these third party offerings, and we recommend that you carefully review their privacy policies.
8. Security
SW Hosting is committed to protecting your information. To that end, we employ a variety of technologies and security measures designed to protect information from unauthorized access, use or disclosure. The measures we use are designed to provide a level of security appropriate to the risk of processing your personal data. Please note that no service is completely secure. While we strive to protect your data, we cannot guarantee that unauthorized access, hacking, data loss or data breach will never occur.
For more information on SW Hosting's security controls, please see the following resources:
Data Processing Agreement (DPA).
Certification Reports
Data Retention
Data will be retained for a minimum of 10 years.
The CUSTOMER may expressly request the deletion of his/her personal data, but should note:
9.1. We will not delete personal data we collect from the CUSTOMER when we have a legitimate business or fiscal need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax or accounting requirements).
9.2. We will delete it when we have no legitimate business need to process your personal data, we will delete or anonymize it or, if this is not possible (for example, because your personal data has been stored in backup files), we will securely store your personal data and isolate it from any further processing until such time as deletion is possible.
Access to
If the CUSTOMER is a registered user, he/she can access certain information associated with his/her Account by logging into our Services or by sending an email to [email protected]. If you terminate your Account, any public activity on your Account prior to deletion may remain stored on our servers and may continue to be accessible to the public.
To protect your privacy and security, we may also take reasonable steps to verify your identity before updating or deleting your information. Information that CUSTOMER provides to us may be periodically archived or stored by us in accordance with backup processes performed in the ordinary course of business for disaster recovery purposes. Your ability to access and correct your information may be temporarily limited where access and correction may: inhibit SW Hosting's ability to comply with a legal obligation; inhibit SW Hosting's ability to investigate, make or defend legal claims; result in the disclosure of a third party's personal data; or result in the breach of a contract or the disclosure of trade secrets or other proprietary business information belonging to SW Hosting or a third party.
Your data protection rights under the General Data Protection Regulation (GDPR).
Please refer to our specific GDPR Data Protection Policy for EU document.
12. Your options
You can use some features of the Services without registering, thereby limiting the type of information we collect.
You can unsubscribe from receiving certain promotional emails from us. If you wish to do so, simply follow the instructions at the bottom of the email or use your "SWPanel" to indicate which types of emails you do not wish to receive.
Even if you unsubscribe, we may continue to contact the CUSTOMER for informational, transactional, account-related or similar purposes.
Many browsers have an option to disable cookies, which may prevent your browser from accepting new cookies or allow selective use of cookies. Please note that if the CUSTOMER chooses not to accept cookies, some features and customization of our Services may no longer work for the CUSTOMER. You will continue to receive advertising material, but it will not be tailored to your interests.
Children's privacy
SW Hosting does not knowingly collect information from children or minors under the age of 18, children and/or minors under the age of 18 are prohibited from using our Services. If the CUSTOMER becomes aware that a child has provided us with personal data in violation of this Privacy Policy, he/she may alert us at [email protected].
14. Changes to this Privacy Policy
This Privacy Policy may be changed from time to time, so please review it frequently. Changes to this Privacy Policy will be posted on our websites. If we materially change the ways in which we use or share personal data previously collected from the CUSTOMER through our Services, we will notify you through our Services, on this page, by email or other communication.
15. International Data Transfers
With respect to Personal Data of Data Subjects located in the EU, Switzerland or the UK that Customer transfers to SW Hosting or permits SW Hosting to access, the parties agree that by executing the DPA they also execute the Standard Contractual Clauses, which shall be incorporated by reference and form an integral part of the DPA. The parties agree that, with respect to those elements of the Standard Contractual Clauses that require input from the parties, the Standard Contractual Clauses contain all relevant information.
EU-US and Swiss-US Privacy Shield. For personal data we receive from the EU and Switzerland, SW Hosting has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal data from those countries. To access the Privacy Shield list and find details of our certification, please visit: https://www.privacyshield.gov/.
SW Hosting currently uses the Standard Contractual Clauses in connection with data transfers from the EU to the United States to the extent that the EU-US Privacy Shield is deemed invalid and no other means are yet available. Please also see our FAQs on the GDPR and the Data Processing Agreement for more information on data transfers.
Contact Us.
If you have any questions or concerns about this privacy policy, please email us at [email protected].
The data controller of your personal information is SW Hosting US, LLC.
CCPA, California Consumer Privacy Information.
This CCPA Agreement is between SW Hosting US, LLC or/and its affiliates, which we will refer to as "SW Hosting" and who manage or may manage on demand the personal data of third parties and/or you. Also, in this CCPA, when we refer to you we will refer to the "CUSTOMER".
SW Hosting is complying with the CCPA and considering its underlying principles in the way we think of CUSTOMER trust and data privacy as a fundamental pillar of our business. We provide this CCPA-specific privacy notice to supplement the information and disclosures already contained in our Privacy Policy. This notice applies to individuals residing in California from whom we collect personal information.
The summary for California residents is:
We do not sell your personal information.
Below, we describe the categories of personal information as defined by the CCPA that we have collected for marketing purposes in the past twelve months. You can find more information about our specific practices in our Privacy Policy.
Information We Collect, But DO NOT Sell
Identifiers
Categories of personal information in Cal. Civ. Code 1798.80(e)
1.3. Business information
Professional or employment-related information 1.4.
Information we do NOT collect
2.1. Characteristics of classifications protected under California or federal law
2.2. Biometric information
2.3. Geolocation data
2.4. Sensory information
2.5. Nonpublic education information (as defined in 20 U.S.C. 1232g; 34 C.F.R. Part 99) 2.6.
2.6. Inferences drawn from personal information.
Use of Personal Information.
The CCPA defines various business and commercial purposes for the collection, use and disclosure of personal information. While we collect, use and disclose personal information in accordance with our privacy policy as a whole, we wish to clarify that this includes personal information in accordance with the specific CCPA business and commercial purposes below:
a. Auditing related to a current interaction with the CUSTOMER and concurrent transactions, including, but not limited to auditing compliance with this specification and other standards.
b. Detection of security incidents, protection against malicious, deceptive, fraudulent or illegal activities, and prosecution of those responsible for such activities.
c. Debugging to identify and repair errors that impair intended functionality.
d. Engaging service providers to perform services on our behalf, including maintaining or managing accounts, providing customer support services, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services, providing analytical services, or providing similar services on behalf of the company or the service provider.
e. Conducting internal research for technological development and demonstration.
f. Conduct activities to verify or maintain the quality or security of our services, and to improve, update or upgrade our services.
g. To enable or effect, directly or indirectly, a commercial transaction.
h. For other purposes for which we provide specific notice at the time the information is collected.
Collection and Disclosure of Personal Information.
In the twelve months prior to the last update of this notice, we have collected Personal Information from general sources, your use of our services, your devices, our affiliates, our vendors and our service providers. More specific information about the Personal Information we collect is set forth in this notice and in our Privacy Policy, which we update from time to time.
As also explained in our Privacy Policy, we share your Personal Information with the following categories of CCPA third parties:
a. Affiliates.
b. Vendors and service providers, including for data analysis and marketing and advertising of our products and services to the CUSTOMER.
c. Third parties integrated in our services.
d. Third parties as required by law and similar disclosures.
e. Third parties in connection with a merger, sale or transfer of assets.
f. Other third parties for whom we have obtained permission from the CUSTOMER to disclose your personal information.
Your privacy rights in California.
If the CUSTOMER resides in California, the CUSTOMER may exercise the following rights.
a. Right of Know and Access. You may submit a verifiable request for information about (i) the categories of personal information we collect or disclose, (ii) the purposes for which we collect the categories of personal information, (iii) the categories of sources from which we collect personal information, and
(iv) the specific personal information we have collected about you during the past twelve months.
b. Right of Deletion. Subject to certain exceptions, the CUSTOMER has the option to delete Personal Information we have collected about him/her.
c. Verification. Requests for access to or deletion of Personal Information are subject to our ability to reasonably verify the identity of the CUSTOMER in light of the information requested and in accordance with the relevant requirements, limitations and regulations of the CCPA.
d. Right to equal service and price. CUSTOMER has the right to be free from discriminatory treatment in exercising its CCPA privacy rights, subject to certain limitations.
e. We do not rent, sell or share your personal information with non-affiliated companies for their direct marketing purposes, unless we have the CUSTOMER's permission.
f. Submit requests. To exercise your rights under the CCPA, you may deactivate and purge your account in your "SWPanel" control panel settings. For other requests or to authorize an agent to make a request on your behalf, you may also contact us at [email protected].
Contact information.
If you have any questions, comments or concerns about our processing activities, or wish to exercise your privacy rights, please email us at [email protected]PPD, Data Protection Policy RGPD for EU.
This Data Protection Policy, hereinafter PPD, is entered into between SW Hosting US, LLC or/and its affiliates, referred to as "SW Hosting" and you, referred to as the "CUSTOMER".
In accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (RGPD), the Organic Law 3/2018 of 5 December (LOPDGDD) and other current legal regulations relating to the protection of natural persons with regard to the processing of personal data and the free movement of personal data, SW Hosting provides the CUSTOMER with all the information about our policy of processing and protection of personal data.
a. SW Hosting ensures compliance with the principles relating to treatment, as well as data minimization, purpose limitation, accuracy, security, confidentiality and transparency.
b. SW Hosting reserves the right to modify this PPD whenever there is a legal change or to adapt it to changes that may occur on our website or in the development of our products and / or services.
c. Data Controller
SW Hosting US, LLC
35-2779795
16192 Coastal Highway, DE 19958. Lewes, Sussex . United States of America
Lewes
[email protected]
Purpose of processing and storage periods:.
These are the treatments that we give to the personal data provided by different ways:
1. Emails:
To give answers to all queries or doubts and to attend to your requests.
1.1. Time of conservation:
Only stored until the different doubts or queries are resolved 2.
Contact form:
To answer all queries or requests for information required about the products and services offered by SW Hosting and for sending communications and commercial notifications about the services offered by SW Hosting, as well as commercial monitoring (provided that the person concerned expresses its consent at the time of collection of your data).
2.1. Retention period:
The data will be kept for a minimum of 10 years except if there is an express request for forgetting by the holder.
3. Job offers:
Management of job applications and, where appropriate, the selective process, in which it could be included, for the provision of jobs in the entity.
3.1.1 Retention period:
For 24 months from its receipt for future processes, unless there is an express request to forget by the interested party.
4. Recording of calls:
Calls may be recorded in order to verify and ensure the quality of services and for security reasons to prove the information provided. They will only be used internally and for the time necessary for this purpose.
4.1. Retention period:
They will be kept for a minimum of 10 years.
5. Contracting of services:
For administrative, accounting and tax treatment in customer management, for studies, quality surveys and customer tracking, technical support service, sending technical security notifications, support and service updates and commercial notifications and promotional campaigns by any means.
SW Hosting, in order to ensure the quality of service will regularly inform the CUSTOMER of situations or changes in the status of their services or customer account.
5.1. Retention period:
They shall be kept for a minimum of 10 years.
Notifications:
On a regular basis SW Hosting sends notifications to the CUSTOMER about its services, promotions, news or alerts.
6.1 Cancellation of notifications
6.2. If desired, the CUSTOMER may cancel the sending of these notifications using your private area or SWPanel.
6.2.1. The cancellation of the sending of technical or administrative communications related to the service object of the present by the CUSTOMER, does not exempt the CUSTOMER from the obligations contained therein.
SW Hosting will place in its CUSTOMER area or SWPanel a copy of the notification, even if it has not been sent to the CUSTOMER, so that the CUSTOMER can consult it and be aware of its content.
7. Access requests to SW Hosting facilities:
To maintain a control of access to our facilities and to carry out internal statistical studies.
7.1. Retention period:
The data will be kept for a minimum of 10 years except if there is an express request of forgetfulness by the owner.
8. Generic data retention periods
Except for the types of data detailed in the previous points, the minimum period of conservation, by SW Hosting, will be in accordance with the accounting and tax information of the company, at the request of the competent public entity (Tax Agency, Courts or Tribunals), or failing that, a minimum of 10 years after the end of the contract. However, the data will be kept, indefinitely, for historical and statistical purposes, except if there is an express request of oblivion by the CUSTOMER.
Legitimacy of data processing.
The legitimate basis for the processing is the consent of the data subject through our contact forms or by registering as a CUSTOMER on our website, so that the processing is necessary for the execution of a contract to which the data subject is a party.

Data recipients (assignments or transfers).
We may share the information we collect in a variety of ways, including the following:
1. Vendors and Service Providers.
We may share information with third party vendors and service providers who perform services on our behalf, for example, to help provide our Services, for promotional and/or marketing purposes, and to provide you with information relevant to the CUSTOMER, such as product announcements, software updates, special offers or other information.
2. Aggregate Information.
Where permitted by law, we may use and share information about users with our partners in aggregate or de-identified form that cannot reasonably be used to identify you.
3. Advertising.
We work with third-party advertising partners to show you advertisements that we believe may be of interest to you. These advertising partners may set and access their own cookies, pixel tags and similar technologies on our Services, and may collect or have access to information about the CUSTOMER that they may collect over time and across different online services.
Third-Party Partners.
We also share information about users with third party partners to receive additional publicly available information about the CUSTOMER.
5. Information we share when the CUSTOMER registers through a recommendation.
If the CUSTOMER registers for our Services through the recommendation of a friend, we may share information with your referrer to let him or her know that the CUSTOMER used your recommendation to register for our Services.
6. Analytics.
We use analytics providers such as Google Analytics. Google Analytics uses cookies to collect non-identifiable information. Google provides some additional privacy options in connection with its Analytics cookies at http://www.google.com/policies/privacy/partners/.
7. Business Transfers.
Information may be disclosed and transferred to any prospective acquirer, successor or assignee as part of any proposed merger, acquisition, debt financing, asset sale or similar transaction, or in the event of insolvency, bankruptcy or receivership in which the information is transferred to one or more third parties as one of our business assets.
8. As required by law and other similar disclosures.
We may also share information to (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce this Privacy Policy and our Terms of Service, including investigation of potential violations thereof; (iii) detect, prevent or otherwise address fraud, security or technical issues; (iv) respond to your requests; or (v) protect our rights, property or safety, our users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam/malware prevention.
9. In addition,
we may share any additional information provided with your express consent.

Rights of the holder.
SW Hosting guarantees the holder the following rights in relation to their personal data:
1. Access:
The holder has the right to know the processing that is carried out on his personal data: 2.
2. Rectification:
The holder has the right to request the rectification of his personal data due to inaccuracy or incompleteness.
3. Deletion / oblivion:
The holder has the right to request the definitive deletion of his or her data
4. Opposition:
The holder has the right to have his/her personal data included in a file intended for data management purposes.
5. Limitation of the treatment:
The holder has the right to obtain from the person in charge, the limitation of the treatment of his data when certain conditions are fulfilled.
6. Portability:
The holder has the right to receive his personal data in a structured and commonly used format, as long as it concerns him.
The holder may exercise his rights by sending an e-mail to the following e-mail address: [email protected] attaching the documentation that proves his identity (ID card, passport, driver's license or any other identification document equivalent to natural persons). In the event that he/she acts through a representative, legal or voluntary, he/she must also provide a document that accredits the representation and identification document of the same.
If the holder is already a CUSTOMER of SW Hosting, you can exercise your rights through your private area, SWPanel, accessed via web www.swpanel.com. In the case of right of deletion must also do so by email [email protected] proving their identity. However, you will not be able to request it until at least the term of conservation of the treatment of your data is fulfilled.
Likewise, if you consider your right to personal data protection has been violated, you may file a complaint with the Spanish Data Protection Agency.
Data location.
SW Hosting may locate, in whole or in part, the data in any of its Data Centers that are located in European territory.
Security measures
The security measures implemented are based on the security controls of the Information Security Management System, based on the UNE-EN ISO / IEC 27001: 2013 Standard, audited and certified annually with certificate number IS 676402.
CKS, Cookies on SW Hosting websites.
For the proper functioning of SW Hosting websites, the navigation system and the software used, collect some navigation data (hereinafter referred to as "cookies") that are necessary in the use of Internet communication protocols. Cookies" are small text files that the browser stores when browsing websites and applications. They can collect the IP address used by the computer to connect to the website, the URL of the requested web page, the time of the connection and other parameters relating to the operating system of the user's computer environment. This information is not associated with any person so that no personally identifiable data is stored, but is only information that is collected to identify the session in order to facilitate analysis of the website.
Cookies are stored in the memory of the user's browser, although the information they contain is not used.
In this section we will give the user specific information about the "cookies" used in SW Hosting portals and inform the user of the most common ways to delete or disable them. To control the use of cookies by websites, the user can define the privacy settings of your browser. If cookies are completely disabled, it is possible that some services of SW Hosting websites may not work properly.
1. Management of cookies
Although SW Hosting does not use "cookies" to collect personally identifiable information, we inform how the user can restrict or block "cookies" when browsing the websites of SW Hosting.
1.a. We recommend the website http://www.aboutcookies.org to users who want more information and more details about cookie management.
1.b. How to manage cookies depending on your browser can be found at http://www.aboutcookies.org/Default.aspx?page=1.
2. Cookies stored by www.swhosting.com
When users browse www.swhosting.com information is stored to facilitate navigation and direct access to these contents. The cookies stored by www.swhosting.com are the following:
2.1. sw_session: Identifies the user's session and is used to manage your shopping cart.
2.2. SERVERID: For the correct functioning and persistence of the visit working through load balancers.
2.3. SW Hosting portals also use "cookies" and technologies from other companies. The companies that offer these services use measurement cookies to count the actions performed by users and allow, anonymously, to analyze the behavior and profile of users.
2.3.a. Google Analytics: SW Hosting uses Google Analytics, a free web page statistics service provided by Google, Inc. Google Analytics collects information from the user's computer to evaluate usage and compile reports on activity.
2.3.a.1. Google stores the information collected by the cookies on servers in the United States.
2.3.a.2. The user is informed that Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google.
2.3.a.3. To reject or delete this cookie, please refer to the following address: http://www.google.com/intl/ca/policies/privacy/ or http://www.google.com/intl/en/privacypolicy.html.
2.3.b. Facebook: On the pages of the SW Hosting websites that offer Facebook content, this use cookies to select the content offered in each space.
2.3.b.1. All information on the use of "cookies" that makes Facebook, can be found at the following link: http://www.facebook.com/help/cookies?ref_type=sitefooter
2.3.c. Twitter: In the pages of the SW Hosting websites that offer Twitter content, Twitter uses cookies to select the content offered in each space.
2.3.c.1 For more information on the privacy policies of Twitter you can consult the following link: https://twitter.com/privacy
3. "Cookies" stored by www.swpanel.com
3.a. None of www.swpanel.com's cookies are shared with third parties.
3.b. All www.swpanel.com cookies are encrypted to ensure complete confidentiality.
3.c. When a CUSTOMER accesses www.swpanel.com, a series of cookies are stored to facilitate navigation and usability of the private customer area. The cookies stored by www.swpanel.com are the following:
3.1. ASPSESSIONIDAWCCRAAS: Manages session data.
3.2. "ENCRYPTED_ID_COOKIE": For the management of searches in listings.
3.3. ticket_nombre: Used to store the data of the person who opens a ticket from SWPanel.
3.4. ticket_telefono: Used to store the data of the person who opens a ticket from SWPanel.
3.5. ticket_email: It is used to save the data of the person who opens a ticket from SWPanel.
3.6. swpanel: It is used for the identification of the accesses to SWPanel.
4. "Cookies" from third party websites
4.1. In the information portals of SW Hosting, there are times that photos and video content from websites like YouTube and Flickr are inserted. The content is embedded in our portals and there is a possibility that the referring websites have cookies. SW Hosting has no control over the dissemination and management of these cookies and therefore it is recommended that you review the privacy policies of these websites to determine this.
4.2. In the event that the user shares some content of the web portals with certain social networks, there is a possibility that these sites include a "cookie" when registering your service. SW Hosting has no control over the dissemination and management of these cookies and the user is advised to consult the information regarding their privacy policies.