PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

What will you find in these terms?

These terms will inform you about the rules on the use of our website m247.com/es (our site).

Who we are and how to contact us.

www.M247.com is a site owned by Metronet (UK) Limited. M247 is the trade name for M247 Iberia, S.L., Metronet (UK) Limited, M247 Ltd and Venus Business Communications Ltd (“we”). We are a private limited company, we are registered in England and Wales under the company number 04975343 and our registered office is at Turing House, Arch 5, Manchester M15 5RL. In Spain we have a subsidiary of the group called M247 Iberia, S.L., which is a limited liability company with Corporate Tax Code number B01883727, and registered office in Malaga, Plaza de la Solidaridad, number 12, 5th floor, P.C. 29006. It was incorporated by means of a public deed granted on 31 August 2020 before the notary public of Malaga Mr José Sánchez Aguilera, under his protocol number 1836, and duly registered in the Malaga Companies Registry on page MA-156979, Volume 5966, Folio 16, entry one.

To contact us, please send an email to info@m247.es or send us a letter to the business address indicated above.

By using our site, you agree to these terms.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, please refrain from using our site.

We recommend that you print out a copy of these terms for future reference.

Other terms may apply to you.

These terms of use refer to the following additional conditions, which also apply to the use of our site:

  • Our Privacy Policy (see our website), which sets out the terms based on which we process the personal data obtained from you or was provided to us by you. By using our site, you consent to such processing and you guarantee that all data provided by you is correct.
  • Our Cookie Policy (see our website), which collects information about cookies on our site.

We may make changes to these terms

We modify these conditions from time to time. Each time you wish to use our sites, please review these terms to ensure that you understand the applicable terms at that time. The most recent update of these conditions is 15 September 2020.

We may make changes to our site.

We may update and change our site from time to time to reflect changes in our products, user needs or business priorities.

We may withdraw or suspend our site.

Our site is available free of charge.

We do not guarantee that our website, or any of its content, will always be available or that it will be uninterrupted. We may withdraw, suspend or restrict the availability of all or any part of our site for business or operational reasons. We will attempt to give reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons accessing our site through their own internet connection are aware of and comply with these terms of use and other applicable terms and conditions.

You should keep your account details secure.

If you choose, or are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We reserve the right to deactivate any user ID or password, whether chosen by you or assigned by us, at any time, if in our opinion you have breached any of the provisions of these terms of use.

If you know or suspect that someone other than yourself knows your user ID or password, you should immediately notify info@M247.es.

How can you use the material on our site

We are the owner or licensee of all intellectual property rights on our site, and on the material published on it. These works are protected by copyright and treaties throughout the world. All rights are reserved.

You may print a copy and download excerpts from any page(s) on our site for your personal use and may draw the attention of others within your organisation to content published on our site.

You may not alter hard copies or digital copies of any material that you have printed or downloaded in any way, and you may not use any illustrations, photographs, video or audio sequences or graphics separately from accompanying text.

Our status (and that of any identified contributors) as authors of content on our site should always be recognised.

You may not use any of the content of our site for commercial purposes without a license from us or our licensors.

If you print, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you shall return or destroy, at your discretion, any copies of the materials you have made.

Do not trust the information on this site.

The content on our site is provided for general information only. It is not meant to be used as advice you should rely on. You should obtain professional or specialist advice before taking, or not taking, any action based on the content provided on our site.

While we make reasonable efforts to update the information on our site, we make no representation or guarantee, either express or implied, that the content of our site is accurate, complete or up to date.

We are not responsible for the websites that we address.

We have no control over the content of such sites or resources.

User-generated content is not approved by us.

This website may include information and materials uploaded by other users of the site, including bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. Opinions expressed by other users on our site do not represent our views or values.

If you wish to file a complaint about information and materials uploaded by other users, please contact us at info@m247.es

Our liability for loss or damage suffered by you.

If you are a consumer:

  • We do not exclude or limit our liability to you in any way where it would be illegal to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, and for fraud or misrepresentation.
  • Different limitations and exclusions of liability will apply to liability arising as a result of offering the products in accordance with our terms and conditions of offer.

If you are a business user:

  • We exclude all conditions, guarantees, representations or other implied terms that may apply to our site or any of its content.
  • We shall not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, though foreseeable, arising out of or in connection with:
  • The use of, or inability to use our site; or
  • The use or reliance on any content appearing on our site.

In particular, we shall not be liable for:

  • the loss of profits, sales, business or income;
  • business disruption;
  • the loss of anticipated savings;
  • the loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

We are not responsible for viruses and you should not introduce them.

We do not guarantee that our site is secure or free of errors or viruses.

You are responsible for setting up the information technology, program and platform to access our site. You should use your own anti-virus software.

You should not abuse our site by intentionally introducing viruses, Trojans, worms, logic bombs or other malicious or technologically harmful material. You should not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You should not attack our site through a denial of service attack or a distributed denial of service attack. Non-compliance with this provision may imply committing a criminal offence under the 1995 Penal Code. Any breach will be reported to the law enforcement authorities and we will cooperate with the authorities in disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Rules about links to our website.

You can link to our home page, provided that you do so in a way that is fair and legal and does not damage or take advantage of our reputation.

You should not establish a link in any way that suggests any form of non-existing association, approval or endorsement by us.

You should not link to our website, on any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw permission to link without notice.

If you would like to link to or make any use of content on our site other than what is stated above, please contact info@m247.es

Which country’s laws apply in the event of any dispute?

Please note that these terms of use, their subject matter and their implementation, shall be governed by English law unless it is imperative to apply Spanish law in accordance with Spanish regulations. You and we agree that the courts of England and Wales shall have exclusive jurisdiction except where Spanish jurisdiction is mandatory under applicable rules, in which case the courts of Malaga shall have jurisdiction if the jurisdiction is not imposed by law.

In any case, the terms and conditions of use are in accordance with, among others, the General Data Protection Regulation ((EU) Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016), Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights, Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, and Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws.

Trademarks

You are not allowed to use any of our trademarks on our site without our approval.

 

Terms of use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

Any order through our website implies that you accept the terms and conditions detailed below.

The general terms and conditions apply to all sales services provided by M247 Iberia, S.L. (hereinafter referred to as M247) through the website m247.com/es for the Customer. Do not use the M247 website or any of the Services provided on it, unless you agree to the terms and conditions of this website.

The general terms and conditions shall be deemed to have been accepted by the Customer when placing an Order from M247, and a contract with M247 will be entered into once the Order has been confirmed by M247; this implies a service provision agreement between M247 and the Customer.

In accordance with the legal provisions, you are informed that you will lose the right of withdrawal after full contract performance by M247.

Terms

Acceptable Use Policy –  The acceptable use policy (which may be modified occasionally) is published on our website m247.com/es ;

Customer –  Natural person/Legal entity placing an Order;

M247 – The company M247 Iberia, S.L. is a limited liability company with Corporate Tax Code number B01883727 and registered office in Malaga, Plaza de la Solidaridad, number 12, 5th floor, P.C. 29006. It was incorporated by means of a public deed granted on 31 August 2020 before the notary public of Malaga Mr José Sánchez Aguilera, under his protocol number 1836, and duly registered in the Malaga Companies Registry on page MA-156979, Volume 5966, Folio 16, entry one.

Services – Any of the services offered by M247 Iberia, S.L., as indicated on the Order, and provided by M247 to the Customer.

Order – The agreement between M247 and the Customer, whereby M247 agrees to provide the Services, and the Customer agrees to pay for such Services.

Agreement – Order confirmed by the Supplier.

To process an Order on the website m247.com/es the Customer agrees to the Terms and Conditions of our website. Acceptance of the Order by M247 occurs when M247 sends confirmation by e-mail, which shall take place within 24 hours from receipt of the acceptance by M247. The contract between M247 and the Customer will not be created before M247 confirms the Order .

The contract can be downloaded both in English and Spanish, a copy of which will be sent to the Customer by email. The contract will be filed by M247 but will not be accessible via the web.

Subscription of an Order

Once the desired Services have been selected and added to the shopping cart, the Customer shall pay for them using the means of payment detailed in the Payment Methods.

The customer undertakes to enter the full, accurate and truthful data in the corresponding form. The domains are registered in accordance with the applicable legislation. M247 shall not be held responsible for any damage caused to the Customer by providing inaccurate or incomplete information.

The Customer undertakes to pay for the price of our Services in advance for the period in which they are to be provided (on a monthly or annual basis).

Services offered

VPS (Virtual Private Server) data hosting services

dedicated server rental services

positioning services

internet access services in Spain and Europe

IT consultancy and support services

server management services

sale of IT equipment

Details about the characteristics of the products or services available on the website under the corresponding category, or by phone or e-mail, upon request.

Fees (Prices)

The prices on m247.com/es are in EUROS and do not include VAT. Payment will be made in EUROS, at the official exchange rate informed by the European Central Bank for the day of the payment, +2%. M247 has the right to change the prices described, and to change the characteristics of the packages offered.

The +2% points added to the official exchange rate informed by the European Central Bank is intended to cover the costs incurred by M247 for the fees charged by the payment processing bank, such as Pay Pal, in addition to the losses from exchange rate differences paid by M247, considering that our suppliers are spread throughout the world, and therefore the payments must be made in different currencies. If you are a consumer, we will not apply any additional charges related to credit cards, Pay Pal, etc.

Prior to placing any order, M247 reserves the right to change prices for the Services offered through the website at any time, and M247 does not offer price guarantees or refunds in the event of a price reduction or promotional offer subsequent to the purchase.

M247 can adjust prices once a year in accordance with the official Consumer Price Index in Spain (CPI). Customer approval will not be required for such price increases.

Means of payment

Online Payment With Card

Payments can be made online by card through the Netopia MobilPay platform, with full security. The cards accepted for payment are those issued under the VISA (Classic and Electronic), and MASTERCARD trademarks (including Maestro, provided they have a CVV2/CVC2 code).

There is no additional charge for transactions.

For the purposes of transaction security,  www.m247.com/es uses the Netopia MobilPay platform.

In order for the transaction to be duly completed, you must provide your card number (all four groups of figures on the front of the cards without spaces), the expiry date, the name of the cardholder, and the three figures on the back of the card written on the strip with your signature (some details may be missing, depending on the type of card).

Card data are processed exclusively on the Netopia MobilePay platform. m247.com/es does not request or store any data regarding your card.

PayPal Online Payment

You can also pay online through PayPal, using your open PayPal account.

There is no additional charge for transactions.

Bank Transfers (Payment Order)

Payment Orders can only be made to pay a pro-forma invoice issued by M247 and emailed to the Customer.

The processing and delivery of services are executed after confirmation of payment of the corresponding pro-forma invoice on the account.

Company name: M247 Iberia S.L.

IBAN number: ES78 0049 3727 8628 1484 2985 with SCH.

Regardless of the currencies available on your account, payments will be made in euros, at the exchange rate used by the bank.

Suspension of Services due to Non-Payment

M247 has the right to suspend the provision of service when any charges due under the agreement remain unpaid after 5 days from their due date and without further notice.

Closing of the Account due to Non-Payment

M247 has the right to stop providing any service and terminate the Agreement when any charges due under the agreement remain unpaid after 10 days from their expiry date, and the service contract shall be deemed terminated without the need to follow any additional procedures.

Right of withdrawal

Each service offers a 14-day guarantee period during which the amount paid can be refunded in full, if the right of withdrawal is exercised, without giving any reasons. We hereby inform you that you will lose the right of withdrawal after the performance of the contract by M247, except for VPS services for which you can also exercise your right of withdrawal within 14 days after the services have been provided.

The right of withdrawal period expires after 14 days from the day the order was issued/the price was paid.

To exercise your right of withdrawal, you shall let us know your decision to withdraw from this agreement by means of a simple statement, for example by letter to the company’s registered office or by e-mail to billing@m247.es. You can use the attached withdrawal form for this purpose (the use of this form is not mandatory).

To comply with the withdrawal period, you only need to send the communication to exercise the right of withdrawal before the expiry date of the withdrawal period.

If you decide to withdraw, we will refund any amount received from you no later than 14 days from the date you informed us of your decision to withdraw from this contract. We will make the corresponding refund using the same payment method used to make the initial payment, unless it is expressly agreed otherwise. However, no fees will be charged for such refund.

The right of withdrawal is not effective once the services have been provided, except for VPS services for which you may exercise your right of withdrawal, also after they have been provided, within 14 days.

Termination

At the Customer’s request, the Contract may be terminated subject to 30 days’ notice. Termination of requests shall not be accepted if there are outstanding amounts on your account. Requests for termination will be submitted in writing, and not by phone, tickets, live chat, etc.

The annual price calculated and paid in advance by the Customer for the full year will not be refunded if the Customer requests the termination of the Contract (except for the right of withdrawal) and there is no fault by M247; any difference for damages in consideration of the discounts enjoyed by the Customer for making advance payments shall belong to M247.

M247 or the Customer may terminate the Contract (without prejudice to its other rights) if the other party commits a material breach of the Agreement (including, without limitation, breach of the Customer Acceptable Use Policy).

Uptime (Service Availability)

M247 guarantees 99.9% uptime. If Services do not meet the 99.9% level, M247 may offer one month of free Services. The free of charge period may be claimed by contacting the payment department by email at billing@m247.es, and such claim may be approved at our discretion. The uptime of our servers is defined in the OS reports and in our own monitoring systems, which means that it can be different from the uptime reported by other monitoring systems.

Backup copies

Customers have full responsibility for their use of the Services. M247 does not keep any backups. Optionally M247 can offer additional backup services for a price, but it is recommended that you keep your own backups. Also, please note that backups cannot be completely verified to confirm every file or directory. M247 is not responsible for loss of files and/or information.

M247 can offer you backup services for a price. Please contact the sales team on 951 56 70 20 or by email sales@m247.es for more information.

Use of the M247 Services

The services offered by M247 will be used by Customers only for legitimate and ethical purposes. Customers shall comply with the Acceptable Use Policy and shall ensure that any third party using the services must comply with the Acceptable Use Policy.

Mass mailing, sending messages to a large number of email addresses can be done using our servers or other servers to promote any website hosted on our servers, provided that it is performed in accordance with current legislation. Any complaints received in this regard will be immediately forwarded to the Customer for processing between the two parties involved (Customer and complainant), but M247 may, at its absolute discretion, decide directly to suspend or cancel the Services depending on the nature of the complaint.

All Services provided by M247 are used and administered by the Customer, and any use of these Services is the sole responsibility of the Customer. M247 shall not be held liable for any breach of any applicable law or for non-compliance of the Acceptable Use Policy by the Customer or End User.

M247 is governed by legal provisions and shall act against any claim received from any of the injured persons, institutions and/or authorities or organisations that shows at least apparent legality.

Use of resources

Please note that the VPS server suites are located in a shared space (server). Therefore, you agree to the non-exclusive use of the resources for a long period of time by you or your customers. Accounts that are harmful to our servers shall be notified to their management within 3 days, provided that the damage is not serious. Otherwise, the corresponding accounts may be suspended until the situation is addressed. If the Customer fails to identify the reported problems within 3 days of the date of notification, M247 may, at its absolute discretion, terminate the Agreement.

 

Our Liability for Loss or Damage Suffered by You

If you are a consumer:

  • We do not in any way exclude or limit our liability to you where it would be illegal to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, and for fraud or misrepresentation.

If you are a business user:

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, though foreseeable, arising out of or in connection with:

  • the use of, or inability to use our site; or
  • the use or reliance on any content appearing on our site.

In particular, we will not be responsible for:

  • the loss of profits, sales, business or income;
  • business disruption;
  • the loss of anticipated savings;
  • the loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU SHOULD NOT INTRODUCE THEM

We do not guarantee that our site is safe or free of errors or viruses.

You are responsible for the configuration of the information technology, programmes and platform to access our site. You should use your own anti-virus software.

You should not abuse our site by intentionally introducing viruses, Trojans, worms, logic bombs or other malicious or technologically harmful material. You should not attempt to obtain gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You should not attack our site through a denial of service attack or a distributed denial of service attack. Non-compliance with this provision may mean that you may be committing a criminal offence. Any breach will be reported to the law enforcement authorities and we will cooperate with the authorities in disclosing your identity. In the event of such a breach, your right to use our site will cease immediately.

 Customer responsibilities

The customer is responsible for updating the invoicing and contact information listed on their account. M247 does not accept any responsibility for any damages suffered by the Customer as a result of not updating invoicing and contact information.

The customer shall be responsible for keeping safe the username, passwords and other sensitive information. In case of any doubt in this regard, the Customer shall change or request that the authentication date be changed by contacting the support team.

M247 will not be responsible for damages caused as a result of the temporary unavailability of our servers for any reason. This also covers damages suffered at the date of impairment or loss.

Rules about links to our website

You can link to our home page, provided that you do so in a way that is fair and legal and does not damage or take advantage of our reputation.

You should not establish a link in any way that suggests any form of non-existing association, approval or endorsement by us.

You should not link to our website, on any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw permission to link without notice.

Force Majeure.

Neither party shall be liable for the breach of its contractual obligations in the event that such breach is due to an event outside its control, in accordance with the applicable provisions of law.

Applicable law – Jurisdiction

The agreement shall be governed by English law unless it is legally required to be governed by Spanish law. Any potential dispute arising between M247 and the Customer will be resolved amicably, and should this not be possible, any dispute will be resolved by courts of English jurisdiction unless it is legally required to be submitted to Spanish jurisdiction in which case it will be at the courts of Malaga city.

Intellectual Property Rights

All materials contained on this website are the intellectual property of M247. These materials may not be copied or reproduced. However, all pages on the website can be printed out provided that this is done for personal purposes.

Closure provisions

In addition to the above Terms and Conditions, terms of service purchased by the Customer, M247 may subscribe additional provisions, in which case such conditions shall also be applicable to the parties. Therefore, the Terms and Conditions constitute a master agreement that can be subsequently modified by agreement between the parties in other formalised agreements or annexes.

M247 reserves the right to amend its policies (including for the avoidance of doubt the Acceptable Use Policy) and conditions of use of the service without prior notice.

 

CONTACT FOR CONSUMER COMPLAINTS

If you decide to file a complaint with the competent Consumer Administrations and get your demand met, you can either go to Municipal Consumer Information Office (O.M.I.C.) in your area, or to the Directorate General for Consumer Affairs of your Autonomous Community. These Administrations will take action first through mediation with the company with which you have a dispute, in order to smooth out positions so that the most satisfactory result is achieved for both parties.