1. Identification of the holder
These Terms and Conditions regulate the procurement and use of services offered by:
ManiaNetwork
Location: Malaga, Spain
Email: info@manianetwork.es
ManiaNetwork is an independent project specialized in web development, digital infrastructure, domains, hosting, technical support and custom digital solutions.
Currently, ManiaNetwork is not formally constituted as a company or autonomous. In case of future formalization of the activity, the identifying data may be updated in the Legal Notice and in these Terms and Conditions.
2. Acceptance of terms
The request, contracting or use of any ManiaNetwork service implies acceptance of these Terms and Conditions.
These terms may be supplemented by budgets, commercial proposals, contracts, technical annexes, invoices or specific agreements signed between ManiaNetwork and the customer.
In the event of a contradiction between these general terms and a specific contract signed, the provisions of the specific contract shall prevail.
3. Purpose of the services
ManiaNetwork provides services related to:
- Web design and development.
- Development of web applications.
- Online stores.
- Landing pages.
- Infrastructure and web hosting.
- Registration, configuration and domain management.
- Professional posts.
- Technical maintenance.
- Digital support and consulting.
Each project will be evaluated individually. The prices published on the website are indicative, unless expressly stated otherwise.
4. Personalised nature of the service
ManiaNetwork services are provided in a customized manner according to the customer's needs.
Before the start of the project, it may be defined:
- Scope of work.
- Features included.
- Planned pages or sections.
- Approximate deadlines.
- Price.
- Terms of payment.
- Services included and excluded.
- Specific technical needs.
Any change beyond the initial scope may entail an additional cost or an extension of the time limits.
5. Modalities of recruitment
5.1. Single payment
The client pays an amount for the project development. Recurrent services such as hosting, domain, maintenance, support or subsequent modifications may be invoiced separately.
5.2. Monthly service or subscription
The customer pays a periodic fee for the use, maintenance, accommodation, support or evolution of the project.
In this mode, unless otherwise agreed, the client obtains a license to use the site or solution while the subscription is active, but does not acquire ownership of the source code, internal structure, reusable design or technical system developed by ManiaNetwork.
5.3. Timely services
ManiaNetwork will be able to offer specific services such as domain configuration, mail, migration, consulting or on-time technical support.
6. Budgets and prices
Budgets issued by ManiaNetwork shall have the validity indicated in the document or communication itself. If no deadline is specified, the budget shall be deemed to have a validity of 15 calendar days.
Prices may vary depending on:
- Technical complexity.
- Number of pages or sections.
- Necessary functionality.
- External integrations.
- Custom design.
- Project ER.
- Infrastructure requirements.
- Content volume.
- Maintenance required.
Prices do not include jobs, functionalities or services not expressly described in the accepted proposal.
7. Payments and economic conditions
The start of any project may be conditional on the agreed initial payment.
ManiaNetwork may require:
- Full payment in advance.
- Initial payment and final payment.
- Phase payments.
- Monthly fee.
- Regular domain renewals, hosting or maintenance.
The total or partial non-payment of any expired amount may result in:
- Temporary suspension of service.
- Paralysing development.
- Withdrawal from the website.
- Suspension of the support.
- Cancellation of contract or service.
- Claim for outstanding amounts.
The customer may not withhold payments on grounds not directly related to the contracted service.
8. Delays and defaults
In case of late payment, ManiaNetwork may suspend service until the debt is regularized.
If the delay exceeds 30 calendar days, ManiaNetwork may cancel the service definitively, unless otherwise agreed in writing.
In monthly or recurring services, default may involve the deactivation of the website, mail, maintenance, support or any associated service.
The resumption of the service may be conditional on payment of the outstanding amounts and, where appropriate, of the costs of reinstallation or revival.
9. Cancellation by the client
The customer may request the cancellation of the service in accordance with the conditions agreed in the budget, contract or specific agreement.
In single payment projects, once the work is started, the payments made will not be repayable unless express agreement or non-compliance attributable to ManiaNetwork.
For monthly services, the customer must report the cancellation at a reasonable minimum advance, preferably 15 days before the next billing period.
If there is a minimum period of agreed stay, early cancellation may oblige the customer to pay the outstanding amounts until the end of the agreed period.
10. Cancellation by ManiaNetwork
ManiaNetwork may suspend or cancel the service in case of:
- Unpaid.
- Lack of customer collaboration.
- Misuse of service.
- Unauthorized manipulation of the site or infrastructure.
- Abusive or out of reach requests contracted.
- Unrespectful, threatening or inappropriate conduct.
- Use of the service for illegal activities.
- Technical, legal or reputational risk.
- Vulneration of these terms.
In the event of cancellation for failure by the customer, ManiaNetwork will not be obliged to return amounts already paid.
11. Managed infrastructure model
ManiaNetwork works under a managed infrastructure model. This means that, unless expressly agreed in writing:
- Projects are housed in infrastructure managed by ManiaNetwork.
- ManiaNetwork is responsible for the technical configuration.
- ManiaNetwork maintains technical control of the server, environment, deployment and configuration.
- The client does not receive administrative access to the server.
- The client does not receive direct access to the source code, internal panel or deployment system.
- Technical modifications must be made by ManiaNetwork.
This model allows to maintain performance, safety, stability and technical coherence of the service.
12. Administrative access and modifications
Unless otherwise agreed, ManiaNetwork does not provide administrative access to the server, internal panel, repository, file system, database or deployment environment.
The customer may not modify, alter, access, copy, extract, manipulate or technically intervene the website or infrastructure without express authorization.
If the client, a third party or any person authorized by the client modifies the site, server, files, database, DNS, domain, mail or technical configuration without authorization from ManiaNetwork, ManiaNetwork may:
- Discontinue the service.
- Cancel maintenance.
- Refuse free repair.
- Invoice the revision or restoration.
- The service relationship is terminated.
- Exclude any warranty or liability for subsequent operation.
13. Work on third-party projects
ManiaNetwork is not required to work on websites, systems, templates, code, plugins, servers or infrastructures developed by third parties.
When a client requests to intervene on an existing project, ManiaNetwork may:
- Refuse the job.
- Request a prior audit.
- Propose partial or total reconstruction.
- Limiting the guarantee of work.
- Exclude liability for inherited errors.
ManiaNetwork will not be responsible for failures, vulnerabilities, low performance, incompatibilities or bad practices arising from work previously performed by third parties.
14. Quality and technical control
ManiaNetwork reserves the right to reject customer requests that may:
- Compromise security.
- Harm performance.
- Reduce accessibility.
- To negatively affect the technical SEO.
- Introduce bad practices.
- Damage the user experience.
- Risk the stability of the service.
- Affect the reputation or quality of the work.
The client may request changes, but ManiaNetwork will have the last technical word on implementation when such changes affect the quality, safety, accessibility or stability of the project.
15. Working process
Unless otherwise agreed, the process may include:
- Initial consultation.
- Definition of needs.
- Proposal or budget.
- Acceptance of the project.
- Initial payment, if applicable.
- Compilation of contents.
- Design or structure.
- Development.
- Review.
- Adjustments included.
- Publication.
- Support or maintenance, if contracted.
The deadlines will depend on the complexity of the project and the speed with which the customer delivers the necessary information.
Delays on the part of the customer in delivering texts, images, accesses, documentation or approvals may delay the final delivery.
16. Content provided by the client
The customer will be responsible for delivering the texts, images, logos, brands, documents, data, products, prices and any other content necessary for the project.
The customer guarantees that he has sufficient rights to use all the content he delivers to ManiaNetwork.
ManiaNetwork will not be responsible for claims arising from the use of content provided by the client, including unlicensed images, copied texts, third party brands or false information.
17. Content, SEO and commercial performance
ManiaNetwork will be able to apply good performance, structure, accessibility and technical SEO practices.
However, unless specifically agreed in writing, ManiaNetwork does not warrant:
- Concrete positions on Google.
- Increased traffic.
- Increased sales.
- Customer engagement.
- Economic performance.
- Minimum conversion.
- Specific commercial performance.
A website is a digital tool, not a guarantee of commercial results.
18. Domains
When ManiaNetwork manages a domain for the client:
- The customer shall be the legitimate owner of the domain provided that it has been so agreed.
- ManiaNetwork may act as a technical or administrative manager.
- The customer must pay renewals, fees or associated costs.
- Failure to pay may result in loss, suspension or expiration of the domain.
ManiaNetwork will not be responsible for the loss of a domain if the customer does not pay the corresponding costs on time or does not provide the necessary information.
If the client manages his own domain, he will be responsible for keeping it active, renewed and correctly configured.
19. Hosting, servers and availability
ManiaNetwork will be able to host projects on servers managed by the ManiaNetwork itself or selected infrastructure providers.
Although reasonable security, maintenance and stability measures will be applied, ManiaNetwork does not guarantee 100% uninterrupted availability.
Interruptions may occur due to:
- Maintenance.
- Updates.
- Technical incidents.
- External attacks.
- Supplier failures.
- Network problems.
- Force majeure.
ManiaNetwork will seek to resolve the incidences in the shortest reasonably possible time.
20. Backups
ManiaNetwork will be able to make regular backups of projects hosted in your infrastructure.
However, unless specifically agreed, backups do not constitute a permanent file system or guarantee full recovery of any data, file or version.
The customer must keep his own copy of important materials he has delivered: images, texts, logos, documents, catalogues, databases or commercial information.
21. E-mails
When ManiaNetwork configures professional emails for the customer, the customer will be responsible for the correct use of such accounts.
It shall be prohibited to use mail services to:
- Spam.
- Phishing.
- I.D. impersonation.
- Unauthorized mass shipments.
- Illegal activities.
- Dissemination of malware.
- Harassment or abusive communications.
Misuse of the mail may result in immediate suspension of the service.
22. Intellectual property of ManiaNetwork
Unless otherwise agreed in writing, all code, design, structure, components, templates, systems, configurations, processes, technical documentation and elements developed by ManiaNetwork will remain the property of ManiaNetwork.
The customer does not acquire ownership of the source code or internal systems, unless expressly agreed upon a transfer of rights.
In managed subscription or maintenance services, the customer obtains a limited, non-exclusive, non-transferable and revocable license for as long as the service remains active and current payment.
23. Customer Use License
During the service period, ManiaNetwork grants the customer a license to use the website or solution developed for the agreed purpose.
The customer may not:
- Copy the code.
- Resell the design.
- Deliver the project to another provider to clone it.
- Reusing components in other projects.
- Create unauthorized derivatives.
- Extract the internal structure or system.
- Remove credits or notices of ownership, if any.
- Use the job to compete directly with ManiaNetwork.
The termination of the service may entail the loss of the right of use if agreed in the contracted modality.
24. File delivery and migration
ManiaNetwork will not be required to deliver source code, repositories, internal credentials, server configurations, databases, templates or editable files unless expressly agreed in writing.
If the customer wishes a complete delivery of the project to accommodate him outside of ManiaNetwork, the scope, price and conditions of such transfer or export must be agreed beforehand.
For single payment projects, a final file delivery may be agreed according to the type of project contracted.
In subscription projects, unless otherwise agreed, the design, code and infrastructure will remain under the control of ManiaNetwork.
25. Maintenance and support services
The support included will depend on the plan contracted.
Maintenance may include, as the case may be:
- Technical corrections.
- Minor updates.
- Monitoring.
- Backups.
- Content changes.
- Visual adjustments.
- Email support.
- Issue resolution.
They are not considered to be ordinary maintenance:
- New features.
- Completely rediseños.
- Structural changes.
- New integrations.
- Migrations.
- Repair of modifications made by third parties.
- Recovery for errors caused by the client.
- Massive content creation.
- Advanced SEO.
- Advertising, social media or marketing.
This work may be budgeted separately.
26. Revisions and changes
Each project may include a certain number of revisions or adjustments.
If it is not expressly defined, it shall be understood that only reasonable accommodation necessary to complete the agreed scope is included.
Changes that alter the scope, structure, approved design or agreed functionalities may be considered additional work.
27. External services and integrations
Some projects may require third-party services such as payment gateways, APIs, domain registrars, email tools, e-commerce platforms or other providers.
ManiaNetwork shall not be responsible for:
- Changes in third party prices.
- Drops from external services.
- API limitations.
- Blocking accounts.
- Changes in external policies.
- Mistakes of other platforms.
- Refusal of verification by third parties.
The customer shall be responsible for accepting and complying with the terms of such suppliers.
28. Prohibited activities
The customer may not use ManiaNetwork services to:
- Illegal activities.
- Fraud.
- Phishing.
- Malware.
- Spam.
- Computer attacks.
- I.D. impersonation.
- Content violating third party rights.
- Unauthorized distribution of protected software or content.
- Activities that harm the infrastructure or reputation of ManiaNetwork.
- Any use contrary to applicable law.
ManiaNetwork may immediately suspend any service deemed dangerous, unlawful or abusive.
29. Limitation of liability
ManiaNetwork will not be liable for indirect damages, loss of profits, loss of income, loss of business opportunities, reputational damage, loss of data not directly attributable to ManiaNetwork or interruptions arising from third parties.
Nothing in these terms will limit rights that cannot be legally limited, especially when the customer has consumer status.
30. Compensation
The customer undertakes to keep ManiaNetwork free from claims, penalties, damages, losses or costs arising from:
- Content provided by the customer.
- Misuse of service.
- Infringement of third party rights.
- Non-compliance with the client's law.
- Unauthorized manipulation of the system.
- Activities carried out by third parties authorized by the customer.
31. Data protection
The processing of personal data shall be governed by the ManiaNetwork Privacy Policy.
Where the project involves the processing of personal data from customers, users or employees of the client, it may be necessary to sign a specific processing agreement under the GDPR.
32. Electronic communications
The customer accepts that communications related to the service can be made by electronic means, including email.
The budgets, acceptances, confirmations, invoices, notices, approvals and communications sent electronically may be valid as proof of the commercial relationship, without prejudice to the fact that certain contracts may require specific signature.
33. Changes in terms
ManiaNetwork may modify these Terms and Conditions to suit legal, technical, commercial or operating changes.
The current version will be published on the website.
Changes shall not affect retroactively contracts already signed, unless they are necessary by legal obligation or expressly agreed upon.
34. Applicable legislation and jurisdiction
These Terms and Conditions shall be governed by Spanish law.
In the event of a conflict, the parties shall submit themselves to the relevant courts and tribunals in accordance with the applicable rules.
When the customer acts as a consumer, the legally established rights in his favour shall be respected.
Where the customer acts as a company or professional, unless otherwise mandatory, the parties may submit to the courts and tribunals of Malaga.
35. Contact
For any questions related to these Terms and Conditions, the customer may contact:
ManiaNetwork
Email: info@manianetwork.es