Terms & Conditions

Effective Date: January 1, 2025

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

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

1. Summary

InformatiQ (VAT: ESY1324210E) (“We”, “Us” or “Our”) offers the following services:

  • Website design and development
  • Digital product design and development
  • Managed hosting services (included by default in all projects)
  • IT infrastructure maintenance:
    • Office systems and networks
    • Private cloud environments
    • Preventive/corrective support and maintenance
    • Backup management and recovery
    • System monitoring and management
    • Other related services as agreed

2. Scope of Services

2.1 Design and Development

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

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

Important Notes:

Content Delivery Dependency:

  • Our work heavily depends on timely content delivery
  • Any delay in delivering requested content for a specific step will:
    • Postpone deadlines for that step and final delivery to unspecified dates
    • Cause your project to lose priority in our workflow
    • Some steps cannot begin until we receive the requested content in full

Content Submission Requirements:

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

MVP Policy and Changes:

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

2.2 Managed Hosting

Managed hosting is included by default in all projects. Our services include:

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

3. Your Responsibilities

You agree to:

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

4. General Conditions on Service Use

4.1 Content

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

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

4.2 Service Denial or Cancellation

We reserve the right to deny or cancel contracted services, with or without prior notice, if the Client engages in any conduct or activity we deem abusive or violating these terms.

4.3 Confidentiality

  • We will maintain the confidentiality of your information according to Personal Data Protection Law
  • The Client is responsible for keeping their account information secure
  • Domain information will be publicly available according to ICANN policies

5. Technical Limitations

Databases

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

Email Sending

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

6. Intellectual Property

6.1 Your Content

You warrant that all provided content is original or properly licensed.

6.2 Our Work

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

7. SLA and Availability

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

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

7.1 SLA Exceptions

Service credits will not apply in cases of:

  • Scheduled maintenance
  • Force majeure events
  • Third-party actions
  • Client-caused problems
  • Internet network failures
  • Terms of Service violations

8. Payments and Billing

8.1 Design and Development Payments

  • First Payment: 30% upon service request
  • Second Payment: 40% upon MVP delivery
  • Third Payment: 30% before launch

8.2 Hosting Payments

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

8.3 Late Payments

Late payments will incur interest according to current legislation.

9. Technical Support

9.1 General Support

  • Ticket system with response time under 24 hours
  • Coverage all days of the week

9.2 VIP Plan

  • Response time under 1 hour
  • Priority phone support

10. Backup Policy

We perform disaster recovery backups for all accounts not exceeding:

  • 5 GB of emails
  • 5 GB of web files
  • 150,000 inodes
  • The Client is responsible for maintaining their own backups
  • Backups are not guaranteed and do not replace Client responsibility

11. Force Majeure

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

12. Limitation of Liability

  • We are not responsible for loss of profits, savings, or other indirect damages
  • Your liability toward us is limited to the total amount paid under this agreement

13. Applicable Law

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

14. Anti-SPAM and Mass Email Policy

14.1 Anti-SPAM Policy

InformatiQ takes a strict position regarding SPAM email. The Client agrees not to transmit unsolicited advertising via email or any other Internet medium. Non-compliance will lead to immediate service suspension.

Consequences:

  • Immediate service suspension
  • €50 reactivation charge
  • Suspension screen placement until fine payment is verified

SPAM complaints can be sent to abuse@informatiq.services

14.2 Mass Email Sending

The Client may only perform mass mailings through services specifically designed for this purpose. For mass mailings, the Client must:

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

14.3 Sending Limits

  • Basic Plans: 100 emails/hour per account
  • Cloud and Dedicated Servers: 2,000 emails/domain/hour
  • Standard Plans: 500 sends/hour
  • VIP Plan: 1,000 sends/hour

14.4 Configurations and Privileged Access

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

Password Management:

  • We recommend maintaining the originally assigned password
  • If modified, it must be provided to the support team when necessary
  • We recommend creating new users instead of modifying the main user

14.5 Technical Requirements

The server must:

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

14.6 Restrictions and Services

Access must be properly configured and restricted to:

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

Prohibited:

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

14.7 Compliance

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

  • Anomalies are detected in mentioned configurations
  • Service security and integrity are compromised
  • Unauthorized operating systems are installed

15. Domain Registration and Management

15.1 Domain Registration

  • Registration is subject to availability
  • Initiated after payment verification
  • No modifications or refunds after registration
  • Client accepts ICANN policies

15.2 Registrant Obligations

The Client must provide and keep updated:

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

15.3 Renewals

  • Payment required before expiration
  • Automatic renewal option available
  • Grace periods according to domain type
  • No responsibility for loss after grace period

15.4 Transfers

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

16. Technical Support and Communication

16.1 Support Channels

16.2 Abuse Reports

17. Money Back (Right to Refund)

17.1 Eligibility

The right to request a refund of money delivered to InformatiQ as payment for services rendered will only be valid for managed hosting plans.

17.2 Requirements

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

Request Period:

  • Must be made within the first 30 days of the original service
  • In case of plan modifications, the purchase date of the first service is considered

Service Status:

  • The plan must be ACTIVE
  • Service cancellation must not have been requested before or during the refund request

Justification:

  • The request must be based on justifiable facts
  • It must be verified that the Client has experienced technical inconveniences with the service provided

17.3 Refund Process

  • InformatiQ will evaluate each request individually
  • Refund will be made through an agreed method
  • Commission amounts, or financial expenses will not be included
  • Corresponding administrative expenses will be deducted

17.4 Exclusions

  • Credit balance will not be subject to refund
  • Erroneously made payments will be evaluated case by case
  • Bank commissions or payment processing fees are not included in the refund

18. Chargebacks

18.1 Chargeback Procedure

In case of receiving a chargeback request for payment made with credit card:

  • Immediate temporary suspension of all services associated with the client area corresponding to the claimed payment will proceed
  • Services will remain suspended for 48 business hours
  • The user must resolve the situation through an alternative payment method
  • If not resolved, definitive cancellation of all suspended services will proceed

18.2 Consequences

  • Permanent deletion of all associated content
  • InformatiQ is not responsible for information loss
  • It is the user’s responsibility to maintain backups of their content

19. Data Protection and GDPR

19.1 GDPR Compliance

InformatiQ complies with the European Union’s General Data Protection Regulation (GDPR), which regulates:

  • Personal data storage
  • Information transmission
  • User rights
  • Data processor obligations

19.2 Scope

Applicable to organizations that:

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

19.3 InformatiQ Commitments

  • Transparent data processing
  • Adequate technical and organizational measures
  • Processing activity records
  • Security breach notification
  • Impact assessments when necessary

19.4 User Rights

Users have the right to:

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

19.5 Security Measures

  • Sensitive data encryption
  • Continuous monitoring
  • Regular audits
  • Security updates
  • Staff training

20. Domain Reputation in Email Sending

20.1 Reputation Levels

Excellent

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

Regular Achieved when any of these conditions are met:

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

Poor

  • Parameters outside Excellent and Regular reputation ranges
  • Consequence: automatic blocking of email sending
  • Reactivation: automatic upon reaching Excellent/Regular reputation parameters

Not Available

  • Applicable to domains with less than 1,000 sends in 30 days
  • Does not allow classification in previous categories

20.2 Notifications

  • Automatic notification will be sent to the account email upon reputation changes
  • The notice will include current status and recommended measures

20.3 Monitoring and Management

  • Continuous evaluation of sending metrics
  • Automatic status update according to behavior
  • Tracking tools available in control panel

21. IT Infrastructure Maintenance

21.1 Service Scope

InformatiQ provides maintenance and management services for:

  • Physical infrastructure in client offices
  • Private cloud environments
  • Backup systems
  • Networks and communications
  • IT security systems

21.2 Client Responsibilities

21.2.1 Insurance and Liability

The Client is directly responsible for all their IT assets and must maintain adequate insurance covering:

  • Equipment and hardware damage
  • Data loss
  • Business interruptions
  • Cyber risks
  • Third-party liability

21.2.2 Software and Licenses

The Client must:

  • Use exclusively software with valid and updated licenses
  • Maintain an updated record of all licenses
  • Ensure compliance with license terms
  • Budget necessary renewals

21.2.3 Updates and Security

The Client must not reject:

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

21.2.4 Data Protection

The Client must follow established policies for:

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

21.2.5 Backups

It is mandatory to:

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

21.3 Technical Recommendations

The Client must follow InformatiQ recommendations regarding:

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

21.4 Disclaimer

InformatiQ will not be responsible for:

  • Losses caused by not following technical recommendations
  • Damage from unlicensed software
  • Problems caused by rejecting critical updates
  • Preventable security incidents
  • Data loss from not maintaining adequate backups

21.5 Audits and Compliance

InformatiQ reserves the right to:

  • Conduct periodic audits
  • Verify policy compliance
  • Request license documentation
  • Require security corrections
  • Suspend service in case of serious non-compliance

22. Modifications and Cancellation

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

23. Acceptance of Terms

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

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