General Conditions

‘Invite a friend’ program

These are the general conditions that regulate the ‘Invite a friend’ program of Webempresa.

By joining this program, you accept that these are the contractual conditions that we must both abide by in our relationship from that moment on; we as a supplier and you as a customer.

These conditions will be valid indefinitely and will be applicable to all the dynamics that take place within the framework of this program.

Webempresa reserves the right to modify these conditions at any time, without this affecting the activity or results of the client prior to any of these modifications.

The acceptance of this document implies that the CLIENT:

Has read and understand what is stated here.
Is a natural person over 18 years of age, with sufficient capacity to contract, or a legal entity, legally constituted, through the natural person who has representation capacity.
Assumes all the obligations set forth herein.

I. Parties to the contract

In the European Delegation:

The parties linked through this contract are, on the one hand, Webempresa Europa SL, with registered office at Calle Almagro, 11, 6º, 7ª in Madrid (C.P. 28010) – Spain, registered in the Mercantile Registry of Madrid, with C.I.F. B-65739856 and whose contact email is comercial@webempresa.com. Hereinafter, Webempresa.

On the other hand, the client, a natural person over 18 years of age or a legally constituted legal entity, who meets the requirements and wishes to participate in the program, in accordance with the provisions of these conditions. Hereinafter, the client.

In the Americas Delegation:

On the one hand, Webempresa América INC., with address at 150 Clove Road, 11 Floor Little Falls, 07424 New Jersey – United States of America, with tax identification EIN: 99-0373184 and whose contact email is comercial@webempresa.com. Hereinafter, Webempresa.

II. About the program “Invite a friend”

The objective of the ‘Invite a friend’ program of Webempresa is to offer Webempresa clients the possibility of obtaining a bonus/prize for recommending web hosting services to people around them.

This bonus will materialize in the form of a balance in the client’s account, this balance being for exclusive use to discount when contracting, expanding or renewing services in that same Webempresa client account in which it was generated.

Definitions:

In the context of these contractual conditions, the following terms are defined as noted below:

URL of invitation / invitation link / personal invitation link: it is a link or link to the Webempresa website, which uniquely identifies the reference client (the one who issues the invitation), for the correct measurement of the visits and contracts referenced by him.
Click: is the action of clicking on a link.
Supports: these are the different channels used by the client to share their invitation link.
Session: is the time that elapses since a user enters the Webempresa website through a client’s invitation link. The session ends when the user returns to the Webempresa website through another link or when the expiration period of the qualified link expires, 90 calendar days.
Referred / invited / referred client: is the person to whom the client sends his personal invitation link, and who will ultimately become a new Webempresa client when contracting a service.
Contract: is the agreement between Webempresa and the client, defined in these contractual conditions.

III. Conditions to be able to participate in the program

Participation in the program is free of charge and does not require any type of economic investment on the part of the client.

In the event that for any reason the client needs to make an investment to be able to carry out their activity in the context of this program, this investment will be their sole responsibility.

Requirements to be part of the program

Any person, company or organization that meets the following requirements can participate in the program:

It must be a natural person over 18 years of age or a legally constituted legal person (through the natural person who has legal capacity to represent it), with full capacity to contract.
You must have a customer file with accurate and updated data on Webempresa.
You must have read, understand and assume all the rights and obligations defined in these conditions.

Participation in the program

All those applicants who meet the requirements can participate in the program using the invitation link that will be provided to them through their Webempresa client area.

Participation in this program is compatible with participation in the Webempresa affiliate program, each of which is governed by its specific conditions.

IV. Program management “Invite a friend”

Within the Webempresa client area, the client will have a section in which they can track their activity and find their personal invitation link.

V. Generation of balance, accumulation of balance and forms of use

Generation of balance:

In the event that Webempresa hosting services are contracted through the client’s personal invitation link by a referral who is a new client (that is, a person who was not previously a client of Webempresa), Webempresa will assign the client issuing the invitation a balance bonus of €10, once the 45-day guarantee of the service contracted by the referral has been completed.

The bonus will have a fixed amount of €10/$ (taxes included), regardless of the type of hosting service contracted, its price, and the contract period chosen.

Only bonuses will be assigned for contracting web hosting services.

Only bonuses will be assigned, not being valid contracts by customers who already had other services contracted with Webempresa, either in the same or in other customer files.

Bonuses will only be assigned for the first contracting of a web hosting service, and not for renewals or extensions of the service. Nor will bonuses be assigned for other additional contracts by the referrals, either in the same or in other Webempresa client files.

Webempresa reserves the right to temporarily or permanently suspend the status and activity of the client in the program if it detects any irregularity or breach of these conditions, as well as to withdraw the balance obtained through these irregular activities from your account.

Bonus/Balance Assignment:

The client will have the right to be assigned the indicated bonus provided that each and every one of the following conditions come together:

The referral must have contracted a Webempresa service having accessed the Webempresa website through the client’s personal invitation link.
When a user accesses the Webempresa website from the invitation link, the user will install a tracking cookie in their web browser, persistent for a period of 90 days. If said user makes a contract within said period, without deleting said cookie, the client will be entitled to the assignment of the bonus after the 45-day service guarantee. If the user deletes the cookie or uses a program or browser extension that blocks cookies, the client will not be entitled to any bonus, since it will not be possible to detect that the contract has been made through your guest link.
The Invite-a-Friend program is compatible with the Affiliate program and can be used in parallel to recommend our services. If both programs are used, it must be taken into account that the referred contract will be assigned, and therefore the corresponding bonus will be added, to the tab of the last link used before contracting.
For example, if a user first clicks on the affiliate link and then on the Invite a Friend link and contracts from the latter, the contract will be associated with the recommender (Invite a Friend) and the bonus of 10 will be obtained €/$ balance. If the user accesses the Invite-a-Friend link first and then accesses the affiliate link by contracting with it, the contract will be assigned to the affiliate file and the affiliate will receive the corresponding commission.
All customer invite links that are part of the program install the tracking cookie described above. If a user clicks on the invite link for one customer and then clicks on the invite link for a different customer, the tracking cookie for this last unique URL will replace the previous one (and so on).
For this reason, if that referred user contracts a service with Webempresa, the holder of the last invitation link on which said user has clicked will have the right to the bonus. The tracking cookie is nothing more than a system to facilitate the work of clients, and Webempresa will not have any type of responsibility in other cases of this nature.
Webempresa must have verified the payment by the client referred, as well as their permanence as an active client for a period of at least 45 days. This period is the guarantee time available to all new customers to test the service and, where appropriate, withdraw from the contract and request a refund of the amount paid for the service. Clients will not receive bonuses for the services of referred clients that are suspended for any reason.
Our system has two customer management areas and independent services (delegations) based on the customer’s geolocation (determined by their IP). The bonuses will be assigned in the customer area where the contract was made, and they will not be transferable from one management area to another even if the customer has an active profile in both branches.

Use of the balance by the client

The balance accumulated by assigning bonuses from the ‘Invite a friend’ program may only be used to apply it as a discount on the bills of the customer to whom they have been assigned.
The accumulated balance will not expire and can be used by the customer at any time.
It will not be possible to claim the collection of the accumulated balance through any form of payment.
The accumulated balance may be applied to any proforma invoice and for any service marketed by Webempresa.
Bonuses cannot be transferred between different client accounts.
Bonuses cannot be used to obtain refunds of paid invoices. They can only be applied to proforma invoices (not paid).

VI. Validity and resolution

The terms and conditions of this contract will take effect from the moment the client begins to share their personal invitation link and visits to the wempresa.com website are received through it.

Either party may terminate this contract with a 5-day notice, and the client must, once the contract is completed, remove any personal invitation link from Webempresa from his/her support(s).

Webempresa, for its part, must keep the balance generated in the client’s account available, unless the latter requests the total closure of his account, in which case that balance will be eliminated, thus terminating any contractual obligation, without have nothing more to claim by reason of the contract.

VII. Loss of participant status

Webempresa reserves the right to revoke the condition of participant to any member of the program, if any of the following reasons occurs:

Breach of any of the conditions stipulated in this contract.
Unauthorized manipulation of the Webempresa website.
Use of the identifying elements of Webempresa in advertising shipments through the Internet such as newsletters, e-mail, or other advertising media such as postal mail, advertisements, brochures, letters, among others.
Use of the Webempresa brand by the client in order to appear as a commercial association beyond the mere agreement signed in this document.
Use by the client of unauthorized techniques of mass advertising (spam). In these cases, the responsibility derived from the breach of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, corresponds exclusively to the client, Webempresa not authorizing any type of commercial communication by electronic means. .
The conclusion of operations or transactions by illegal or fraudulent means.
Carrying out payment campaigns in search engines (SEM), such as Google Adwords, or on other Social Ads platforms or social networks, to promote landing pages with personal invitation links using the Webempresa brand.
Any other conduct for which the client gives users the false belief that they have a commercial relationship different from the one regulated in these conditions.
The use of the personal invitation link for contracting services by the client himself, or for the creation of client accounts with the same personal data to receive auto-bonuses or using the personal data of blood relatives or by affinity up to and including the second degree.
Breach of the conditions and time limits explicitly established by Webempresa for the promotion of certain services or special promotions.
Any other conduct by which the client creates the false belief that users are offered service or contracting conditions that are different from those that Webempresa offers at that time.

VIII. Obligations of the client

The client undertakes to comply with this contract and all the clauses described in it, from the moment their activity in the program begins.

It will be the client’s responsibility to update the information shown on the supports that he uses in the development of his activity.

Webempresa will not be responsible for the breach of the legal obligations of the client with respect to the supports used in the development of their activity within this program.

The customer undertakes to keep his customer account operational for the duration of this contract, as well as the email address with which he will maintain communication with Webempresa.

The client undertakes not to modify the links and codes made available by Webempresa for the development of the service.

The client undertakes to keep their personal data updated at all times. Webempresa will not be responsible for any incident that may arise from the lack of updating of personal data, data related to billing and/or contact data by the client.

The client undertakes not to modify the links and codes made available by Webempresa for the development of the service.

IX. Contractual modifications

Webempresa reserves the right to modify or cancel the ‘Invite a friend’ program at any time.

The client is responsible for reviewing this page periodically.

Continued use of this service after changes have been made constitutes acceptance of the updated terms. If the client does not agree with the updated terms, they have the exclusive right to request the resolution of this contract, without any other type of claim.

If the client does not communicate anything to Webempresa regarding these modifications within a period of ten calendar days from their update, it will be considered that they accept the new contracting conditions established after the modifications applied.

X. Incidents

Webempresa declines any responsibility for problems arising from lack of access or those inherent to Internet connectivity or telecommunications networks when these originate from causes beyond its control or causes that could not have been foreseen by the parties or that , even if foreseeable, Webempresa has made all reasonable efforts to avoid them, or that they were considered as fortuitous causes or force majeure.

Webempresa will not be responsible for failures in the service that lead to loss of data in the information processing system, or failures in the security system or viruses or other harmful software components in the Webempresa service.

Webempresa will not be responsible for any error in the installation of the links in the supports used by the client, nor for the function specified in the links.

Any type of incident detected by the client that affects the normal operation of the system will be brought to the attention of Webempresa so that it can proceed with the correction.

Webempresa informs that for maintenance reasons of a technical nature, access to the application may occasionally be restricted, the client understanding that such maintenance tasks are necessary for the proper functioning of the service.

XI. Intellectual property

Webempresa is the exclusive owner of all intellectual and industrial property rights over the different advertising media, computer programs, software developed for the program, and over the brands, logos, texts, creations, contents, and designs that are part of your whole program.

You may not reproduce, distribute, transform, publicly communicate, assign or use source code of any of the applications, websites, developments or advertising media for purposes other than those stipulated in this contract. For all these reasons, Webempresa reserves the right to act against anyone who is infringing its intellectual or industrial property rights.

The client will not make use of any material made available for purposes other than those subscribed here, unless explicit, prior and written authorization is obtained from Webempresa. The client undertakes not to use the advertising signs in any way that discredits or negatively represents Webempresa, its image or its brands.

XII. Other Considerations

Webempresa does not guarantee the continuity of the program, so you can terminate it at any time.

Each of the parties is responsible for the contents and links that it includes on its web page or that it sends through the channels accepted in the program for the dissemination of personal invitation links.

XIII. Data protection

The data will be collected by Webempresa or by the treatment managers designated by it, in order to manage their incorporation and permanence in the program. Likewise, the data may be processed to send information about our products and services even by electronic means.

The registration data must be true. In the event that they are false, the user may not be part of the program, reserving Webempresa, or those in charge of data processing, where appropriate, designated, the right to unsubscribe anyone who fails to comply with this requirement.

In all matters relating to the protection of personal data, the program will be governed by the provisions of the Legal notice and Privacy Policy of Webempresa of our European delegation and the Legal notice and Privacy Policy of Webempresa of our American delegation.

XIV. Responsibilities

The client will assume responsibility for the damages caused to Webempresa due to the breach of the clauses contemplated in this contract, and specifically:

When misuse of media causes damage to the image of Webempresa.
For third-party claims against Webempresa due to negligence in the use of the program.
For damages caused to Webempresa by incorrect use of the program.

In the event of any of these causes, or any other cause that implies fraudulent use of the program, Webempresa is authorized to withhold the amounts as a balance that may have been added to the client’s account.

XV. Legislation and jurisdiction

In aspects not stipulated in this contract, as well as in the interpretation and resolution of conflicts that may exist between the parties as a consequence thereof, Spanish legislation will apply.

To resolve any type of dispute that may arise as a result of the interpretation and execution of this affiliation contract, both parties will submit to the jurisdiction and competence of the Courts and Tribunals of Madrid.

The nullity or unenforceability of any of the clauses of these Conditions will not affect the validity or enforceability of any other clause; the rest will remain current and effective.

Document reviewed and updated on December 1, 2021.