Terms and conditions

Our legal and compliance

That comes with the service(s) and/or product(s).

Article 1: Definitions

  • “Customer“: Refers to any individual or entity, including unincorporated partnerships and their representatives or authorized persons, who have entered into or intend to enter into a contractual relationship with Pladinum.
  • “Consumer“: Refers to any natural person who is acting for purposes outside of their trade, business, craft, or profession.
  • “Agreement(s)“: Refers to any and all contracts entered into by Pladinum with the Customer, to which these General Terms and Conditions apply.
  • “Use“: Refers to the agreed-upon utilization of web space, e-mail space, and database space by the Customer, as specified in the quotation and expressed in megabytes (MB).

Article 2: General

Kindly be informed that the following General Terms and Conditions (hereinafter referred to as “General Conditions”) are applicable to both the sale of goods and the provision of services offered by Pladinum Privacy SL, (“Pladinum”).

By sending the order, the General Conditions shall be considered an integral part of this agreement and accepted without reservation by the Client. The General Conditions, along with any specific Agreement, constitute the entire and exclusive Agreement between the parties and shall supersede all prior oral or written agreements, proposals, promises, and notices pertaining to the subject of the specific Agreement. The Customer’s General Terms and Conditions are inapplicable.

Pladinum’s responsibility to deliver the goods or services ordered by the Client at the agreed-upon price and paid for by the Client constitutes the primary obligation of the Agreement. If Pladinum is dependent on the involvement of an external party for the delivery of a good or provision of a service ordered by the Client, Pladinum’s obligation to deliver will come into effect under the suspensive condition of the availability of the good or service, at the time that Pladinum consults the external party, and subject to the predetermined price set by Pladinum and paid by the Client. The price paid by the Client is considered a guarantee prior to the fulfillment of the suspensive condition. Pladinum agrees to consult the external party to verify the availability at this price within five (5) working days after receiving payment of the guarantee. If the ordered good or service is unavailable upon consultation with the external party, the agreement will terminate, and Pladinum will refund the paid guarantee without any further obligations between parties. If the ordered good or service is available at a different price upon consultation with the external party, then this agreement will terminate, and Pladinum will permit the client to accept the different price. This will result in a new agreement between Pladinum and the Client.

Article 3: Term and termination

Unless otherwise agreed between the parties, the Agreement shall be deemed to be concluded for a period of 1 year and will be automatically renewed for the same period thereafter unless either party gives written notice of termination by registered post or, in the case of the Customer, electronically via https://www.my.pladinum.com/cancel, no later than one month prior to the end of the initial one-year period. A notice period of 1 month shall apply from the date of termination.

In the event of unilateral termination by the Client, no refund or compensation shall be due in any way whatsoever, including with respect to any prior payments made. If the Agreement is terminated, all claims of Pladinum against the Customer shall become immediately due and any invoices for services provided shall remain due and payable without any obligation to cancel them. In the event of dissolution by the Customer, the Customer may only dissolve that part of the Agreement which has not yet been performed by Pladinum. If the dissolution is attributable to the Customer, Pladinum shall be entitled to compensation for any damage caused thereby.

Article 4: Prices

Kindly note that prices indicated by Pladinum on its website and via other channels are always subject to obvious writing errors. Individual quotations can be withdrawn and are valid for a period of 15 days, unless stated otherwise in the quotation. Unless stated otherwise, all prices are in euros and excluding Spanish VAT (IVA), and payable as indicated on the invoice. Unless agreed otherwise, the prices relating to the service are calculated for a period of one year. In accordance with Article 5, the full price must be paid at the start of this period.

Please be informed that Pladinum reserves the right to change the prices of the service at any time during the term of the Agreement. You will be notified of this via the website and via an individual notification. The altered prices will be payable by you after a period of two months from the individual notification, unless you have used the option to terminate the Agreement free of charge and without giving any reasons. It is required that the Client must give notice of termination by registered post or electronically via https://www.my.pladinum.com/cancel within thirty calendar days following the individual notification of the changed prices.

Furthermore, we would like to remind you that discounts apply per Client and are not cumulative. In the event of misuse of offered discounts, for example but not limited to creating multiple accounts, Pladinum reserves the right to remove the discounts without any prior notice.

Article 5: Terms of delivery, payment and protest

Pladinum’s delivery periods are stated for indicative purposes only and are not binding unless expressly agreed otherwise. The delivery periods are indicated in working days. A reasonable delay in delivery does not give the right to cancel the order or claim for compensation.

In the event of a complaint concerning the goods or services, regardless of their nature, the Client must notify Pladinum in writing within eight working days after the delivery of the goods or the commencement date of the provided services. The complaint concerning the delivery of goods or provision of services cannot be used to suspend or delay the payment of invoices. The absence of a written objection to an invoice within eight working days after sending implies irrevocable acceptance of the invoice and the amounts, products, and services mentioned therein.

The invoices should be paid within one month after the invoice’s issuance date. If the Customer has not fully paid after 14 calendar days after the set due date, they will be in default after the first reminder that states the consequences of non-payment. In case of default, the following consequences apply: (i) legal interest is owed on the outstanding amount; (ii) the Customer owes 15% of the main amount for collection costs, or 40 euros if the amount is more than 15% of the primary total, or, if the Customer is a Consumer, the amount that is required according to the applicable legislation; (iii) the services provided to the Customer can be suspended without any further notice, and any websites hosted for the Customer may be made inaccessible until the outstanding amounts, including interest, are paid; (iv) Pladinum reserves the right to dissolve or terminate the Agreement pursuant to Article 2 and take back any delivered goods as far as possible, at its discretion.

Registration of a domain name is only possible if the Customer has declared in advance during the registration process that they explicitly agree the registration can be performed directly, and the Consumer waives their right of withdrawal as soon as the domain name is registered. Article 8 of these General Terms and Conditions is then not applicable.

Article 6: Code of conduct and notice/take down

The Customer shall always cooperate with Pladinum in good faith for the promotion of services. The services provided by Pladinum shall be utilized by the Customer in adherence to the Acceptable Use Policy of Pladinum, which is available on https://www.pladinum.com/acceptable-use-policy/. If the Customer fails to comply with their duties arising from the Acceptable Use Policy, they hereby agree to bear the costs and charges incurred by Pladinum for additional services performed to resolve any issues resulting from non-compliance with the aforementioned duties.

Pladinum shall not be held accountable in any manner for any loss of internet connectivity arising from technical or other malfunctions, both within and outside Pladinum’s network. Furthermore, the Client shall be solely responsible for complying with Pladinum’s requirements, documentation, and guidelines regarding the product, service, or software. Any supplier errors leading to this shall also not be Pladinum’s responsibility.

Article 7: Domain name registration

The correct execution of the payment by the Client and receipt of a welcome email and invoice from Pladinum does not guarantee the registration of the domain name. The domain name will only be registered after Pladinum has expressly notified the Client in writing that the domain name has been registered. If it appears that Pladinum cannot register the domain name due to an error by the Customer, for example because the Customer appears not to be the current holder of the already registered domain name, the Client will be liable to pay Pladinum €25 in administration fees, without prejudice to the right of Pladinum to claim the actual damage suffered.

The registration of domain names shall be conducted in compliance with the regulations of the relevant parties responsible for domain name registration, including SIDN (https://www.sidn.nl), Dominios Spain (https://www.dominios.e), DNS Belgium (https://www.dns.be), DNS.LU (https://www.dns.lu), Afnic (https://www.afnic.fr), Nominet (https://www.nominet.uk/go/terms) or ICANN (https://www.icann.org), all of which are grouped under OpenProvider https://www.openprovider.com. The Client has been informed and hereby accepts the General Terms and Conditions for domain name registration, which are available on the website of the domain registry. Pladinum reminds the Client to refer to the websites of the relevant parties responsible for domain name registration for specific conditions. Pladinum is not liable for any decision made by the Client to register a domain name, or for any domain names registered at the Client’s request that infringe upon the rights of third parties. The Client shall indemnify Pladinum against any third party claims arising from the registration of a domain name at the Client’s request.

Article 8: Right of withdrawal

If the customer is a consumer, they are allowed a period of 14 days to withdraw from the agreement without specifying any reasons. This period of 14 days commences from the day the agreement is concluded or in the case of a sale of goods, from the day that the consumer physically takes possession of the same.

Should the consumer wish to exercise this right of withdrawal, they must inform Pladinum in writing within the aforementioned period. Pladinum will reimburse all payments received, including the delivery costs, via the same payment method used by the consumer when returning the goods.

Article 9: Liability

Pladinum will not be held liable, except under the circumstances outlined below, and only up to the stated limits, within the context of concluding or performing the Agreement.

Pladinum’s total liability for any damage sustained by the Customer as a result of a chargeable failure to comply with their responsibilities under the Agreement, including any warranty obligations agreed with the Customer or the commission of illegal acts by Pladinum, their staff, or third parties engaged by them, is limited to an amount equal to the total fees (excluding VAT) owed by the Customer under the Agreement or, if the Agreement’s duration is more than three (3) months, an amount equal to the fees owed by the Customer in the last three (3) months. Direct damage compensation will never exceed ten thousand (10,000) euros (excluding VAT).

Pladinum shall not be held liable for any indirect damages, consequential damages, loss of profits, missed savings, or damages resulting from business stagnation. Pladinum’s liability for attributable non-compliance with the Agreement shall only arise if the Customer provides a correct written notice of default to Pladinum, stipulating a period of at least 14 days to resolve the issue, and Pladinum continues to fail to comply with its obligations after this period. The notice of default must contain a detailed description of the issue so that Pladinum can adequately respond. The notice of default must be received by Pladinum within 30 calendar days of discovering the damages.

The exclusions and limitations mentioned in these articles shall become null and void in case the damages are a result of the deliberate or grossly negligent acts of Pladinum’s management. Additionally, any damages resulting in the death or physical injury of the Customer caused by Pladinum’s actions or negligence shall also not be considered under these exclusions and limitations.

The Customer is liable for any damages resulting from their errors or failures, and shall indemnify Pladinum against any claims arising from non-compliance with the code of conduct outlined in these General Terms and Conditions, whether by the Customer or anyone using the services or goods with the Customer’s permission or responsibility, even if they are not employees of the Customer.

Article 10: Processing personal data

If the Customer is considered a ‘controller’ according to the General Data Protection Regulation (GDPR) and processes personal data using Pladinum’s services, products or goods, then the Customer must enter into a ‘data processing agreement’ with Pladinum, based on the GDPR and using the option offered by Pladinum. If the Customer chooses not to use Pladinum’s option to conclude a data processing agreement, the Customer warrants that they will not utilize the goods or services for processing of personal data and agrees to indemnify Pladinum against any damage or claims arising from the processing of personal data using the goods or services.

If the Customer is a natural person (‘data subject’ according to the GDPR) and uses Pladinum’s services, products or goods, then Pladinum will comply with all obligations that the GDPR imposes on Pladinum as a ‘controller’ in accordance with Pladinum’s privacy policy and registration policy, which can be viewed here: https://www.pladinum.com/privacy-statement/.

Article 11: Intellectual property rights

All intellectual property rights related to the products and/or services, including but not limited to designs, software, documentation, and any other materials that were developed and/or used to prepare or execute the Agreement between Pladinum and the Client, will continue to be vested exclusively in Pladinum or its suppliers. The delivery of products and/or provision of services does not constitute any transfer of intellectual property rights. The Client will be granted a non-exclusive and non-transferable user right to use the products and results of the services for the purposes agreed upon. The Client must strictly adhere to the conditions stipulated in the General Conditions or otherwise imposed on the Client. Without prior written permission from Pladinum, the Client must not disclose, in whole or in part, the products and results of the services, copy them, or make them available to any third party. The Client shall not alter and/or remove instructions from Pladinum or its suppliers relating to copyrights, trademarks, trade names, or other intellectual property rights in any way. Pladinum guarantees that it is authorized to grant the Client the user right and will indemnify the Client against any claims by third parties.

This provision will not apply if and to the extent that the products and/or results of the services are changed and/or provided together with third-party goods, unless the Client proves that, in the latter case, the claims by third parties pertain exclusively to products and/or results of services supplied by Pladinum. Pladinum may take technical measures to safeguard their products, services or goods. If Pladinum has secured these products, services or goods by means of technical protection, the Customer is not permitted to remove or bypass this security, except where the law provides otherwise.

Article 12: Various

The rights and obligations of the Client resulting from the Agreement entered into with Pladinum may not be transferred, partially or wholly, to third parties without the prior written permission of Pladinum.

In the event that any provision in an Agreement entered into with Pladinum or its implementation, regardless of the party or circumstance concerned, is null or unfeasible, the other provisions of the agreement shall remain fully in force.

The Client must immediately notify Pladinum of any changes to contact information such as addresses, phone numbers, contact persons, and email addresses. If the Client fails to notify Pladinum immediately, it will be liable for the costs of search work or returned shipments. Pladinum’s log files and other administrative, whether or not electronic, documents are full proof of statements by Pladinum, and the version received or stored by Pladinum of any (electronic) communication shall be deemed authentic unless counter-proof is provided by the Customer.

Article 13: Force majeure

In the event of force majeure, Pladinum shall be released from its obligations under these General Terms and Conditions for the duration of such event, provided that Pladinum informs the Customer in writing, describing the force majeure and promptly resumes the performance of its relevant obligations as soon as the force majeure event has ceased. The Customer shall not be entitled to claim damages for any non-performance of contractual obligations by Pladinum resulting from force majeure.

Article 14: Applicable law and exclusive competence

This Agreement, which has been entered into with Pladinum, is subject to Spanish law. Unless the rules of mandatory law dictate otherwise, any disputes arising from this Agreement shall be settled by the authorized Spanish Court in the district where Pladinum is located.
Download