TERMS AND CONDITIONS OF SERVICE.

Modification date: February 25, 2025.

1. GENERAL TERMS AND CONDITIONS.

These general contract conditions apply to commercial transactions carried out on www.civi-go.net, consisting of the provision of hosting or web hosting services, where the CiviCRM computer program is executed.

Civi-Go is a hosting service for the CiviCRM software. The Civi-Go service is provided, designed and carried out by IXIAM GLOBAL SOLUTIONS, S.L.U. (hereinafter “IXIAM”).

1.1. Identification of the service provider.

In compliance with the duty of information contained in article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (in its updated and consolidated version), the following data is provided: the company that owns www.ixiam.com is IXIAM GLOBAL SOLUTIONS SLU, with address at Carrer de Casp 79, 7.º, 08013 Barcelona, NIF B64725625, registered in the Mercantile Registry of Barcelona (Tomo 40105 General, Folio 10, Hoja B360331). Contact email: info@ixiam.com. Phone: 933 900 517.

The “Client” is the natural or legal person who fills out the forms on the “Civi-Go” website and selects the services to be contracted, providing their data necessary for the formalization of the contract. The Client has had access to all information necessary to understand the services to be provided, and freely gives their consent.

Contracting and service provision are subject to IXIAM’s approval of the Client’s identity and circumstances.

1.2. Definitions.

• CiviCRM: an open source program offered under the Affero General Public License (AGPL) to record data and activities of the Client Organization’s contacts.
• Civi-Go: the cloud-based CiviCRM service provided by IXIAM, using infrastructure (servers, Internet connection, network elements, backup and security) of its providers.
• Client: any person who contracts, accesses, browses, uses or purchases services advertised on www.civi-go.net.
• Hosting or web hosting: system for storing information, images, video, software or other content accessible via a website.
• Access credentials: login and password for accessing the service, complying with security standards and ensuring only the Client accesses it.
• Equipment: desktops, laptops, servers and any electronic machines that store and process data or interact with the software via www.civi-go.net.

1.3. IXIAM activity.

IXIAM provides remotely, over the Internet, services related to the design and programming of database management programs and their hosting on external servers, where they can be accessed, managed and used.

Provision of any service is conditional on the Client’s full and unconditional acceptance of these General Contract Conditions, which is essential to contract any existing or future products. Use of www.civi-go.net and acceptance of these terms grants the status of Client.

Each service plan’s details are at www.civi-go.net/es. IXIAM is not responsible for the lawfulness of Client-stored information, but may remove or block illicit data per article 16 of Law 34/2002.

1.4. Conditions to be a Client.

Clients must be of legal age and have full capacity to contract. Completion and signing (online/offline) of the order form constitutes the service contract. The Client declares:

• They have read, understood and accepted these terms.
• They are of legal age and capable of contracting.
• They comply with tax laws in Spain and other countries of operation.
• They uphold non-discrimination and equal opportunity principles.
• If a legal entity, its capital is not related to weapons manufacturing or human rights violations.
• They do not engage in child labor, trafficking, sexual exploitation or similar illicit activities.
• They respect gender equality in all areas.

1.5. Contents and information on www.civi-go.net.

IXIAM may modify services, prices, promotions or conditions at any time with prior notification, and the Client may withdraw. All site imagery, brands and graphics are indicative and non-contractual.

IXIAM strives for error-free information. In case of pricing typos influencing a purchase, IXIAM will correct and allow the Client to cancel without cost.

2. CIVI-GO SERVICE PROVISION REGIME

IXIAM may provide Civi-Go directly or subcontract infrastructure to third parties, always respecting data confidentiality and without altering contract terms despite subcontracting changes.

3. CONDITIONS OF USE OF THE CIVI-GO PLATFORM
3.1. Only the Client with assigned credentials may access the CiviCRM installation and must change the password on first login.
3.2. Prohibited uses include:

• Exploitation, reproduction, or distribution of the Platform’s content.
• Modifications or damage to the Platform.
• Processing illicit, offensive or discriminatory data.
• Introducing viruses or harmful elements.
• Any activity offensive to public order or law.

The Client is liable for damages from breaches and must indemnify IXIAM. Passwords must remain secret and unauthorized use reported immediately.

4. DESCRIPTION OF THE SERVICE
4.1. Civi-Go uses Omega8.cc and Symbiotic infrastructure; servers at Upcloud (Amsterdam for Europe; New York for USA/LatAm) and OVH (France for Europe; Canada for USA/LatAm).
4.2. Upon acceptance and initial payment, service is provided within 72 business hours (Spanish workweek).
4.3. IXIAM strives for continuous connectivity but does not guarantee uninterrupted service.
4.4. Support via ticket system; infrastructure providers 24×7, IXIAM support during Spanish business hours with ≤ 24 h response.
4.5. On request, Client receives database admin credentials to export full CiviCRM backups.
4.6. IXIAM attends incidents but isn’t liable for supplier failures; suppliers must respond directly to the Client.
4.7. Clients may change plans at any time; changes take effect the following month.

5. SERVICE LEVEL AGREEMENT (SLA)
5.1. 99.9 % average monthly availability; monitored every 60 s via Pingdom; downtimes ≥ 60 s recorded.
5.2. Credits of 1/30 of the monthly base rate per 30 min downtime (up to 100 %), applied to future payments.
5.3. No credit for events beyond IXIAM’s control, maintenance, client-caused issues, third-party hardware/software, external Internet disruptions, or force majeure.
5.4. Scheduled maintenance every weekend night; critical updates ASAP; typical downtime 5–15 min, up to 1 h rarely.

6. CONDITIONS FOR SENDING EMAILS
6.1. Applies to all emails sent via Civi-Go; non-compliance may suspend or terminate service.
6.2. Must comply with all laws (spam, privacy, defamation, IP, pornography, terrorism, gambling, minors’ protection, etc.). Client responsible for compliance. Emails must follow IXIAM privacy policy (https://www.ixiam.com/politica-de-privacidad) and SendGrid policy (http://sendgrid.com/email_policy).
6.3. Prohibited: unauthorized or purchased email lists; third-party domains; non-specific addresses; high spam rates; no unsubscribe link; emailing unsubscribed recipients; no physical address.

7. PRICE AND PAYMENT METHOD
7.1. Client pays the established rate plus applicable taxes.
7.2. Payments monthly or annual in advance; invoice issued with Client data.
7.3. Payment by bank transfer, debit/credit card or authorized online platforms.
7.4. Service may be suspended for unpaid invoices; if unpaid after one month, contract may be terminated.

8. ENTRY INTO FORCE AND DURATION

Contract effective upon acceptance and platform enablement. Duration one year, automatically renewing annually unless either party gives ≥ 1 month notice prior.

9. LIABILITY OF IXIAM IN SERVICE PROVISION
9.1. Liability capped at the service price; IXIAM not liable for direct/indirect damages, including viruses from browsing.
9.2. No compensation for consequential damages, lost profits, business loss, reputational harm or third-party claims.
9.3. Email content is solely the Client’s responsibility.
9.4. IXIAM not liable for content errors, unavailability or malware transmission if reasonable measures were taken.

10. WARRANTY ON CIVI-GO SERVICE
10.1. Service includes Drupal (GPL v2+) and CiviCRM (AGPL); no warranty on these community-maintained programs.
10.2. Provided “as is”; no guarantee of specific needs, uninterrupted operation or error-free service. Client bears adaptation costs.

11. PROTECTION OF PERSONAL DATA

IXIAM complies with EU Regulation 2016/679 (GDPR), Organic Law 3/2018 and Law 34/2002 (LSSICE). We inform you:

• Controller: IXIAM GLOBAL SOLUTIONS S.L.U., NIF B-64725625. Address: Carrer de Casp 79, 7.º, 08013 Barcelona. Tel. +34 93 390 05 17. Email: dpd@ixiam.com.
• Purpose: client management, accounting, billing and informational communications.
• Retention: until deletion right is exercised and as required by law.
• Legal basis: contractual relation (GDPR art. 6.1) or consent for prospects; LSSICE art. 21 for commercial emails.
• Recipients: data processors with GDPR guarantees; no transfers outside EEA without appropriate safeguards; with consent, to collaborators.
• Rights: access, rectification, erasure, restriction, objection, portability, and consent withdrawal.
• Exercise: write with ID copy to dpd@ixiam.com; complaints to www.aepd.es.

12. ADAPTATIONS OR NEW VERSIONS OF THE PLATFORM

Client authorizes IXIAM to notify updates or upgrades necessary for platform maintenance. No compensation for malfunctions due to refusal of updates.

13. DURATION AND TERMINATION OF SERVICES
13.1. Services last as per specific conditions; end on delivery unless extended by written mutual agreement.
13.2. Ongoing services without fixed term or tacit renewal may be terminated by either party with 30 days’ written notice, unless otherwise agreed.
13.3. For online contracts, Client may withdraw within 14 days after subscription by written notice; refund minus incurred expenses.
13.4. Termination for mutual agreement, uncured breach within 15 days of notice, or non-payment per clause 7.

14. FORCE MAJEURE

Neither party is liable for failures due to causes beyond reasonable control (fires, floods, strikes, unrest, energy shortages, network failures, wars, embargoes, riots, insurrections, etc.).

15. CHANGES AND MODIFICATIONS

IXIAM may change these terms; Client should review periodically. Essential changes will be notified in detail. Platform versions may be updated; Client responsible for correct use.

16. TRANSFER OF RIGHTS AND OBLIGATIONS

Client may not transfer rights or obligations; any transfer upon sale of the company or assets requires IXIAM’s written consent.

17. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

All website, platform and software content, trademarks, logos and designs are protected by intellectual and industrial property rights reserved by IXIAM or rights holders. Unauthorized reproduction, alteration, distribution or public communication is prohibited without prior written consent.

18. UNITY OF ACT

These terms constitute the entire agreement, replacing all prior verbal or written accords.

19. NULLITY

Partial or total nullity of any clause does not affect the validity of the remaining provisions unless directly impacted.

20. APPLICABLE LEGISLATION AND JURISDICTION

Spanish law applies (consolidated Law 34/2002 on Information Society Services and Electronic Commerce; Royal Legislative Decree 1/2007; and complementary regulations). Parties waive other jurisdictions and submit to the Courts of Barcelona.