General terms and conditions

1. Parties and scope of the contract

1.1. Services are contracted with Santiago Ángel Lope del Palacio, trading as WebMonster, with Spanish tax identification number 5429*****, tax address at Calle Picasso 1, Oficina 5, 28691 Villanueva de la Cañada (Madrid), and email address [email protected].

The website is www.webmonster.io and the customer area is at clientes.webmonster.io.

1.2. Customer means the individual or legal entity purchasing the services. Anyone entering into the contract must be of legal age and have sufficient legal capacity to be bound, or sufficient authority to act on behalf of the individual or entity named in the order.

1.3. These terms apply to professional and business customers as well as consumers. A consumer is a person acting for purposes outside their trade, business, craft or profession, or an entity granted that status by law. This classification depends on the actual circumstances of the purchase, not solely on the billing details or plan selected.

1.4. The contract covers only the services ordered, for the agreed period and with their applicable features. Creating an account does not oblige you to purchase services or add any paid services you have not requested.

2. Documents forming part of the contract

2.1. The contract consists of these general terms, the applicable service terms and agreements, and the accepted order or quote, which identifies the service, its features, price, duration and other characteristics. It also includes any pre-contractual or advertising information that is legally binding.

2.2. The service terms apply according to the services purchased and the components they include:

• The Hosting terms govern web hosting under WordPress Cloud Hosting and Business Cloud Hosting, and the hosting component included in WebMonster Managed. Their specific provisions on complimentary hosting govern the static hosting included with standalone email and free domain parking; these complimentary features do not, by themselves, include the features or guarantees of paid hosting.
• The Email terms govern email purchased as a standalone service and email included in WordPress Cloud Hosting, Business Cloud Hosting and WebMonster Managed.
• The Domain terms apply to domain registration, renewal, transfer and other domain services purchased from WebMonster. Using a domain registered with another provider on our hosting does not mean you have purchased its registration from WebMonster.
• The WebMonster Care terms govern the WordPress updates, security work and additional backups included in this add-on service. Care is purchased separately from hosting and does not change the hosting service’s own features.
• The WebMonster Managed terms govern its managed WordPress services and the features of the package purchased. Managed includes the Business Cloud Hosting Core plan, which can be upgraded under its service terms. For Enterprise, individually agreed terms take precedence.
• The WebMonster Pros terms govern the hour packages, consultations and technical work purchased under that name.

2.3. The Service level agreement (SLA) forms part of the contract for the features it expressly covers. It sets out how availability is measured, its exclusions, the claims procedure and compensation. It does not automatically extend to every component of an order or to complimentary features.

2.4. The Data processing agreement forms part of the contract when WebMonster processes personal data on the Customer’s behalf to provide the services. It also applies when the Customer acts as a processor for a third party and WebMonster acts as a sub-processor, subject to the relevant authorisations and obligations. Its sections and annexes are included in that document.

2.5. Add-ons and additional services, including paid SSL certificates, are governed by these terms and by the specific rules identified and provided before purchase. The terms of domain registries, certification authorities or other third parties will be identified in the service terms or order when they are to form part of the contract.

2.6. The Participation terms for WebMonster Partners and Recommend WebMonster apply to those who activate the relevant programme. Purchasing other services does not enrol you in either programme.

The Legal notice identifies the website owner and governs use of the website. The Privacy policy explains the processing WebMonster carries out as a controller, and the Cookie policy explains those technologies. The Accessibility statement describes the website’s accessibility status and scope. These documents each retain their own purpose: accepting the contract does not amount to general consent to any data processing or use of cookies.

2.7. By accepting these general terms, the Customer also accepts the service terms and agreements identified in this section that apply to their purchase and have been made available before the order. WebMonster will enable the Customer to read, save and reproduce them. This incorporation does not extend to future documents or services outside the order.

2.8. Individually negotiated agreements take precedence over standard terms on the matters expressly agreed. Service-specific terms take precedence over general terms within their subject matter, unless the general terms are more favourable to the adhering party under applicable law. The Data processing agreement specifically governs processing on the Customer’s behalf. Mandatory law and consumer rights that cannot be waived take precedence in all cases.

3. Ordering and activation

3.1. The Customer selects the service and options, signs in or creates an account, provides the necessary details, reviews the order summary and chooses an available payment method. Details and selected options can be corrected before submitting the order.

3.2. The pre-order summary will identify the main features, total price, applicable taxes and charges, billing frequency, duration, renewal terms and, where relevant, technical requirements and delivery times. Additional services or charges require the Customer’s acceptance.

3.3. To complete the order, the Customer accepts the contractual documents and expressly confirms the obligation to pay using the relevant checkout control. The contract is concluded when that confirmation is completed. For work commissioned by quote, it is concluded when the offer is accepted within its validity period.

3.4. WebMonster will send an email acknowledgement within twenty-four hours of receiving acceptance. It will provide confirmation of the contract and the applicable documents on a durable medium, such as an email containing the texts or attachments that allow that version to be retained, no later than the start of the service. The Customer can view orders and invoices in the customer area and request a copy of the contractual documents.

3.5. Activation requires payment where advance payment has been agreed, and the necessary details or verification. Timescales are those stated in the order or quote. Domain availability is subject to actual registration; an availability check does not reserve a domain.

If an ordered service cannot be supplied, WebMonster will inform the Customer promptly and refund the corresponding amounts without undue delay. An alternative that changes the order requires the Customer’s acceptance.

3.6. Where a consumer asks for the service to start during the statutory withdrawal period, WebMonster will obtain an express request and, where applicable, acknowledgement of its consequences under section 9. Accepting these terms alone does not replace those statements.

4. Account, authorised users and communications

4.1. The Customer must provide accurate, complete and up-to-date information, particularly the details needed to identify the contracting party, issue invoices and communicate due dates or incidents. WebMonster may request proportionate checks to verify identity, authority to act or a transaction showing signs of fraud.

4.2. The Customer may authorise others to manage their account within the available permissions. They must assign appropriate permissions and revoke access that is no longer authorised. WebMonster will follow those users’ instructions within their permissions and may require additional checks for particularly sensitive actions or reasonable signs of misuse.

4.3. Each user must safeguard their credentials, avoid sharing them and use the available security measures. The Customer must promptly report any suspicious access or loss of control of the account. Actions taken with compromised credentials will be assessed in light of the circumstances and each party’s diligence; use of a password alone does not automatically exclude any liability WebMonster may have.

4.4. The customer area and its support request system are the normal channels for account management and support. The contact email may also be used for contractual communications, complaints, cancellations and withdrawal, and the address given may be used for postal communications. Cancellation and non-renewal channels and deadlines are detailed in section 7.2. WebMonster may verify identity before making changes to services, without placing disproportionate obstacles in the way of exercising rights.

4.5. Individual communications will be sent to the contact details provided by the Customer. The Customer must keep them up to date and check service notices. WebMonster will retain evidence of relevant communications and address known delivery failures; sending an email alone does not create an absolute presumption of receipt.

5. Service provision and each party’s obligations

5.1. WebMonster will provide the services with the required professional care and in accordance with the agreed features. It will maintain the technical and organisational measures appropriate to its role and handle incidents within the service’s scope.

5.2. Support scope, hours, priorities, channels, migrations and included work are as described for each service. Being able to submit a support request at any time does not, by itself, mean immediate human assistance is available around the clock. Work outside the purchased service requires a quote or an additional purchase before incurring a charge.

5.3. WebMonster may carry out necessary maintenance and security work. Where a foreseeable interruption may result, it will give as much notice as reasonably possible and seek to reduce its duration and impact. Urgent work may be carried out without prior notice if delay would increase the risk, with information provided afterwards where appropriate.

5.4. The Customer will cooperate by providing the necessary information and access, and maintain the elements under their responsibility, including applications, devices and credentials. Technical management tasks expressly undertaken by WebMonster, including Managed and Care tasks, remain WebMonster’s responsibility on the agreed terms.

5.5. The Customer will keep copies of information they need to retain outside the service and use the available backup and export options properly. This obligation does not replace or reduce any backup or restoration services purchased from WebMonster.

5.6. WebMonster staff access to content, settings or data will be limited to what is necessary to carry out the Customer’s instructions, provide the service, manage security or meet legal obligations. Only necessary and proportionate changes will be made, subject to confidentiality and the Data processing agreement where applicable.

5.7. WebMonster may use infrastructure providers and other ancillary service providers. Their involvement does not remove WebMonster’s own obligations to the Customer. Data protection, subcontracting and international transfer terms are governed by the Data processing agreement; these terms do not grant blanket authorisation for them.

6. Prices, payments and invoicing

6.1. The applicable price is the price accepted in the order or quote, in euros. The total, including applicable taxes and charges, will be shown before purchase. Offers to consumers will state the final price; where prices excluding tax are shown in information for businesses, this will be clearly indicated.

6.2. Services are paid for in advance where stated in the order. Payment methods offered at checkout may be used. For recurring services, the Customer authorises charges for the agreed renewals to the payment method enabled for recurring payments, until cancellation, in accordance with the notified dates and amounts.

The automatic renewal charge will be requested on the notified due date, provided a non-renewal request has not been received in time. The date the transaction appears in the Customer’s account may depend on the payment method and their payment provider. Issuing an invoice or due-date reminder early does not, by itself, bring forward the automatic charge.

6.3. The Customer must maintain a valid payment method and sufficient funds. WebMonster will notify the Customer of unpaid amounts. For hosting, email, WebMonster Managed and WebMonster Care renewals, if the automatic charge on the due date fails, the system will retry daily during the seven calendar days following that date. Retries will stop earlier if payment is made or the Customer cancels renewal through the channels and with the effects set out in section 7.2. After that period, the suspension and cancellation procedure in section 11 applies. Removing a payment method or reversing a charge does not replace cancellation notice or extinguish a valid debt; the Customer retains the right to dispute charges.

6.4. Plan, resource or add-on changes require the Customer’s acceptance. Before confirmation, the Customer will be informed of the effective date, cost and, where applicable, the pro-rata calculation for the remaining period. No additional service will be charged for merely because the Customer remains silent.

6.5. WebMonster will issue invoices in accordance with applicable law. Electronic invoicing will be used with the required consent. Consumers may withdraw that consent and request paper invoices free of charge by notifying WebMonster.

6.6. Tax changes apply in accordance with the relevant legislation. Service price changes are governed by section 8.

6.7. Reversed-payment, collection or reactivation charges may only be required where they have a valid contractual or legal basis, have been disclosed where required and are proportionate to the costs actually incurred. Legal fees or penalties not agreed will not be passed on automatically. Interest and costs legally applicable to business-to-business transactions are governed by their specific legislation.

7. Duration, renewal and voluntary cancellation

7.1. Each service has the duration or billing period stated in its order. Recurring services renew automatically for periods equal to the original term, unless the order states otherwise or the Customer gives notice of non-renewal within the applicable deadline. Packages, consultations and one-off work follow the duration or delivery provisions in their service terms.

7.2. The main and recommended way to cancel or stop renewal is through the customer area. For domains, the Customer must switch off automatic renewal using the relevant button. For other recurring services, they must complete and submit the cancellation request form, choosing immediate cancellation or cancellation at the end of the purchased period. Both actions automatically disable renewal, without manual approval or a second step. To avoid the next charge or renewal, they must be completed before the relevant operation starts.

Alternatively, the Customer may open a support request or email [email protected], identifying the service and their wish to cancel or not renew it. For domains, the normal channels are the customer area and support requests; email is not offered for this purpose. To avoid the next renewal, requests through channels requiring manual handling must be received at least 72 working hours before the scheduled charge or renewal date, whichever comes first. For this purpose, all twenty-four hours of each Monday-to-Friday day count, excluding Saturdays, Sundays and public holidays in Madrid, Spain, using mainland Spanish time.

These communications do not automatically disable renewal. If received with less notice, WebMonster will try to handle them in time, but the charge or renewal may take place before they are processed. To avoid that delay, the Customer can use the customer area. WebMonster will confirm receipt and the effective date of cancellation or renewal deactivation. A request received within the stated deadline takes effect even if WebMonster is late processing or confirming it. If a customer-area fault attributable to WebMonster prevents use of the relevant button or form, that notice period will not be required for an alternative request received before the charge or renewal.

The notice period for manual handling does not restrict withdrawal, money-back guarantees or other statutory termination and refund rights. Legally valid methods of exercising those rights remain available. A charge having been made does not, by itself, rule out any refund due.

Domain and certificate operations subject to specific processing deadlines must state their cancellation deadline before purchase and in renewal notices. For domains, payment for renewal triggers immediate processing with the registration provider. If the Customer pays manually before the due date, that payment requests renewal at that point, without waiting for the scheduled automatic charge date. WebMonster will explain this effect before advance payment is confirmed.

For these domain and certificate operations, switching off automatic renewal after a renewal has been completed prevents future renewals but does not undo the completed one. Whether the operation can be reversed and any refunds due are governed by the service terms and applicable statutory rights. Advance payment alone does not replace the specific statements required in relation to a consumer’s right of withdrawal.

7.3. WebMonster will communicate upcoming due dates, the scheduled charge or renewal date, and the specific deadlines for preventing renewal through the customer area or manual handling. For consumer contracts subject to renewal, it will give notice of the non-renewal deadline and the consequences of not cancelling renewal fifteen days before that deadline.

7.4. There is no additional minimum commitment beyond the purchased service period. Non-renewal allows use until the end of the paid period. If the Customer requests immediate cancellation, its effects on access and data will be explained before it is carried out.

7.5. Outside withdrawal, the commercial guarantee and statutory or expressly agreed refunds, voluntary cancellation does not automatically entitle the Customer to a refund of the purchased period or work already performed. This rule does not restrict a consumer’s right to terminate ongoing services or permit charges for services not provided or compensation contrary to law.

7.6. Cancelling one service does not cancel other independent services. WebMonster will explain relevant dependencies: when a package ends, its included components also end. In Managed, hosting is part of the package and is not a separate contract for the purposes of its commercial guarantee.

8. Changes to terms and prices

8.1. The accepted terms remain in place for the purchased period. WebMonster may revise its terms to reflect changes in legislation, security, infrastructure or features, and revise prices for justified changes in the costs of service provision, licences, suppliers or maintenance.

8.2. Contractual or price changes affecting an existing service will be communicated individually on a durable medium at least thirty calendar days before they apply. The notice will identify the changes, the reason, the effective date, the new price where relevant, and how to opt out of renewal without penalty.

8.3. New terms apply from the first renewal that meets that notice period. If the Customer does not request non-renewal before the notified date, the service will renew automatically on the announced terms, provided the change complies with this section and applicable legal requirements. Acceptance through a new checkbox is not required for each renewal.

8.4. Changes will not apply retrospectively to periods already paid for. New catalogue prices do not, by themselves, change the prices of existing services; WebMonster may retain their previous pricing terms. Nor does renewal alone cause a price increase, without prejudice to general revisions notified under this section.

8.5. Changes strictly necessary to comply with a legal requirement or address an urgent security threat may take effect when that cause requires. WebMonster will explain their scope and will not use this exception to impose an unrelated price increase or commercial change.

8.6. Where a change negatively affects a consumer’s digital content or service beyond a minor degree, the conditions and right to terminate free of charge established by law will be respected, including the statutory thirty-day period from receipt of the information or from the change, whichever is later. No additional cost will be passed on to the Customer for changes subject to that regime. Changes that by their nature require a new agreement will not be imposed through this clause.

9. Consumers’ right of withdrawal

9.1. A consumer Customer entering into a distance contract has fourteen calendar days from its conclusion to withdraw without giving a reason, unless an applicable statutory exception applies. If the obligation to provide information about this right is not met, the period is extended as provided by law.

9.2. The right may be exercised by an unequivocal statement to WebMonster by email to [email protected], by post to the address in section 1, or through the customer area. The form in section 20 may be used but is not compulsory. Sending the notice before the period ends is sufficient. WebMonster will promptly acknowledge electronic requests on a durable medium.

9.3. If the Customer expressly requests that the service start during those fourteen days and subsequently withdraws, they will pay only the proportion actually provided up to notification of their decision, provided WebMonster has met the statutory information and early-start request requirements. The calculation will use the agreed total price or, if excessive, the market value of what was provided. No such amount will be required if the information or express request required by law is missing.

9.4. The right of withdrawal for a paid service is lost once the service has been fully performed, where performance began with the consumer’s prior express consent and acknowledgement that the right would be lost after full performance. Merely activating an ongoing hosting, email or managed service does not constitute full performance of the contract.

This exclusion does not automatically apply to all domains, certificates, bespoke work or hour packages. Its application depends on the particular service and compliance with statutory requirements, which will be identified before purchase where relevant.

9.5. WebMonster will refund payments due without undue delay and no later than fourteen calendar days after notification of withdrawal. It will use the same payment method unless another is expressly agreed at no cost to the Customer, deducting only amounts legally due for services already provided under section 9.3.

9.6. Withdrawal ends the obligations to continue providing the service. The Customer will stop using it and WebMonster will enable content and data recovery where required. Effects on ancillary contracts and personal data will comply with the law and the Data processing agreement.

10. Commercial 30-day money-back guarantee

10.1. WebMonster offers a commercial money-back guarantee of thirty calendar days from initial activation for WordPress Cloud Hosting, Business Cloud Hosting and Business Email purchased as standalone services. Both business customers and consumers may use it without giving a reason.

10.2. The guarantee applies to the initial purchase of the covered service. It does not renew with each billing period or restart when the plan changes. It covers the amount paid for the hosting or email plan, including applicable taxes, without deducting use during that period.

10.3. This commercial guarantee excludes WebMonster Managed in its entirety, WebMonster Care, domains, paid SSL certificates, add-ons, WebMonster Pros and any service not listed in section 10.1. Managed does not entitle the Customer to a proportional commercial refund of its hosting or email components. In an order containing several services, the guarantee covers only hosting or email plans meeting its requirements.

10.4. To claim, simply communicate the decision and affected service unequivocally through the customer area or contact email before the thirty days end. WebMonster will process cancellation and refund the covered amount within fourteen calendar days of the request, using the same payment method unless expressly agreed otherwise at no cost.

10.5. This guarantee is additional to the right of withdrawal and statutory rights for breach of contract or lack of conformity. The exclusions in this section apply only to the commercial guarantee and do not remove those rights. The same amount cannot be refunded twice.

11. Non-payment, suspension and termination

11.1. If an amount due is not paid by its due date, WebMonster will notify the Customer of non-payment, stating the amount, how to pay and the expected consequences. For hosting, email, WebMonster Managed and WebMonster Care, if payment remains outstanding seven calendar days after the due date, the affected service will be suspended following a suspension warning. Suspension will be limited to affected services and necessary technical dependencies. Suspension for non-payment does not, by itself, cancel the subscription or delete its hosted data.

11.2. If non-payment continues for thirty calendar days from the due date, WebMonster may terminate the affected service after notifying the cancellation date and data recovery options. For hosting, email and WebMonster Managed, at the end of that period the subscription will be cancelled for non-payment and its included websites, databases, email and other hosted content will be deleted, subject to the service terms and mandatory data recovery rights. The thirty days run from the due date, not suspension. Residual copies will be deleted under the Data processing agreement; billing data and other records will be retained for the legally applicable periods. For WebMonster Care, cancellation and deletion of its additional backups are governed by its service terms; non-payment of Care alone does not cancel hosting that is paid up or authorise deletion of its website or email. These periods do not guarantee retention or renewal of domains or certificates subject to external expiry dates, which are governed by their service terms.

11.3. Where payment is brought up to date before final cancellation, WebMonster will restore the service without unjustified delay, within its technical capabilities. Recovery of an expired domain, certificate or already deleted service must not be assumed possible or free; any additional cost must be disclosed and accepted beforehand.

11.4. For other breaches that can be remedied, WebMonster will notify the cause and allow a reasonable period, taking severity and risk into account, before suspension or termination. It may act immediately where necessary to comply with a valid order, stop known illegal activity or contain a serious risk to people, data or systems. The least restrictive effective measure will be used and the Customer informed without undue delay, unless prohibited by law.

11.5. Termination for breach does not automatically turn amounts paid into a penalty. Settlement will reflect services due, proven damage and applicable law. The Customer may terminate for WebMonster’s breach and exercise the available remedies, without being required to wait through a period of unavailability or first waive claims.

12. Acceptable use of the service

12.1. The Customer must use the services lawfully, respect third-party rights and hold the rights, licences and legal bases required for their content and data processing.

12.2. Services must not be used to distribute illegal content, infringe intellectual or industrial property rights, commit fraud or impersonation, distribute malware, carry out unauthorised access or attacks, send commercial communications contrary to the law, or facilitate child sexual abuse material. Activities compromising the security or availability of other services are also prohibited.

12.3. As specific hosting restrictions, hosting pornographic content or betting or online gaming sites is not permitted. Hosting must not be used as a platform for mass distribution of files, films, music or software, as a repository for other sites, or as an external service for scripts, banners or graphics, unless the purchased service expressly allows it or written authorisation exists. This does not prevent the inclusion of your own files and resources needed for the normal operation of the hosted site.

12.4. Reselling or transferring hosting space to third parties as an independent service is not permitted unless expressly authorised or included in the service purchased. An agency’s management of client sites within the capabilities expressly included in its plan is governed by those capabilities and is not, by itself, prohibited resale.

12.5. Plan resources and limits must be respected. Where usage exceeds the agreed allowance or affects stability, WebMonster may limit the affected processes and communicate the measures needed to correct the issue. A paid upgrade requires acceptance; excess usage will not trigger an automatic charge.

12.6. The Customer must not carry out penetration testing, information extraction or interference on systems outside the authorised scope. Software and tool restrictions are without prejudice to uses and exceptions allowed by mandatory law.

13. Reporting and handling illegal content

13.1. [email protected] is the electronic contact point for service recipients and authorities in relation to the Digital Services Act. Communications may be in Spanish. Authorities may also communicate in English. This channel allows direct communication and does not rely exclusively on automated tools.

13.2. Any person or entity may report allegedly illegal content hosted on WebMonster’s services. The notice must include a sufficiently substantiated explanation of its illegality, the exact electronic location (such as the URL) and any further details needed to find it, the reporting person’s name and email address, and a good-faith statement that the information is accurate and complete. A name and email address will not be required in the statutory exceptions relating to certain child sexual abuse or exploitation offences.

13.3. Where contact details are provided, WebMonster will acknowledge receipt and notify its decision and applicable redress options without undue delay. It will assess notices diligently, objectively and proportionately. A report alone does not trigger automatic removal of the content or the entire account. If automated means are used in processing or decision-making, this will be disclosed where required by law.

13.4. If WebMonster restricts content, access, payments or service provision because of illegality or a contractual breach, it will give the affected recipient a clear statement of reasons at the time required by law. This will include the measure and its scope, relevant facts, legal or contractual grounds, use of automated means where applicable, and options to challenge the decision. Statutory exceptions and protection of the reporting person’s data will be respected.

13.5. The Customer may request a review of a decision through the contact email, providing reasons and supporting documents. This does not prevent recourse to competent authorities or courts, or replace other mandatory mechanisms where applicable.

13.6. WebMonster will comply with valid orders from authorities and report suspected criminal offences involving a threat to people’s life or safety where required by the Digital Services Act. Disclosure of data or content to third parties requires a valid legal basis and will be limited to what is necessary.

14. Ending the service, retrieving data and switching provider

14.1. Before the service ends, the Customer must plan to export any information they need to keep. WebMonster will provide the exit functions and assistance set out in the contract and those required by law.

14.2. The hosting, email and other applicable service terms specify exportable data, formats, procedures, transition and retrieval periods, and the assistance available to switch provider. Where the EU Data Act applies, its switching rights, continuity during transition and retrieval rights, and its limits on switching charges and obstacles, will be respected. Any additional paid assistance will be distinguished from assistance owed by law or contract.

14.3. The time of deletion depends on the type of cancellation and the Customer’s instructions, under the service terms. Mandatory retrieval periods will be respected. Once the applicable periods have ended, WebMonster will delete content and handle residual backups in accordance with the service terms, Data processing agreement and statutory retention obligations. Once data has actually been deleted, recovery may be impossible.

14.4. Retention needed for legal obligations or claims does not mean maintaining an active hosting service or an archive accessible indefinitely to the Customer. Non-payment cancellation deadlines do not shorten any mandatory retrieval periods.

15. Liability and SLA

15.1. Each party is liable for breaches and damage attributable to it under the contract and law. Liability will be assessed in light of the obligations undertaken, the required care, the cause of the incident and its connection to the proven damage.

Where the rules for a debtor acting in good faith under Article 1107 of the Spanish Civil Code apply, compensation covers damage foreseen or reasonably foreseeable at the time of contracting that necessarily results from the breach. WebMonster will not be liable for damage without a causal link to a breach attributable to it. These rules do not alter rules of evidence, statutory presumptions or applicable special liability regimes.

15.2. WebMonster does not guarantee the complete absence of interruptions, vulnerabilities or incidents. A third-party intrusion or failure does not, by itself, establish a breach by WebMonster, but neither does it exclude liability arising from WebMonster’s own acts or omissions. The parties will cooperate to contain incidents and reduce their consequences.

15.3. The following financial cap applies only to contractual damages for ordinary negligence that may lawfully be limited by agreement, subject to the exclusions in section 15.5: for each event or set of related events, compensation will not exceed the fees paid for the affected service for the twelve months preceding the event. If the service has been in place for less time, the amount paid for the initial contracted period will be used, up to the equivalent of twelve months. Advance payments covering longer periods will be apportioned for this calculation; for one-off services, the basis is the price paid for the affected assignment. If one incident affects several services, the respective amounts will be added together. For WebMonster Managed, the basis is the Managed fee, without assigning a separate price to the included hosting.

This cap does not limit refunds of amounts improperly charged, repayment of the price where legally due, or obligations to provide the service or remedy defects.

15.4. Only where lawful, and subject to the exceptions in the next section, compensation for lost profits and indirect loss, such as lost business opportunities or expected profits, is excluded. Reasonable costs of recovery or repair of direct damage attributable to WebMonster will not automatically be classified as indirect loss.

15.5. These limitations and exclusions do not apply to intentional misconduct or gross negligence, personal injury, or liabilities that cannot be limited by law. Compensation for lack of conformity that consumer law prohibits limiting is expressly outside the cap. The Customer’s other non-waivable statutory rights, authorities’ enforcement powers and third-party rights, including those of people affected by personal data processing, are not restricted. Liability under data protection law is determined in accordance with that law.

15.6. The SLA establishes a contractual availability compensation scheme. Failures of WebMonster’s infrastructure provider are excluded from SLA credits on the terms set out in that agreement. This exclusion does not turn every provider failure into force majeure or remove WebMonster’s own statutory and contractual obligations.

15.7. SLA credits do not constitute a general waiver of claims for breach. Where compensation overlaps for the same head of loss and harm, it will be coordinated to avoid double recovery, respecting mandatory rights.

15.8. Force majeure will be assessed against the legal requirements. The affected party will explain its impact and take reasonable measures to reduce its effects and resume performance.

16. Intellectual property and confidentiality

16.1. The Customer retains their rights in their content, trade marks, domains and materials. They authorise WebMonster only to make the technical uses necessary to provide the service and follow their instructions, for the necessary duration and scope. This clause does not authorise advertising use.

16.2. Ownership of WebMonster’s and third parties’ tools, documentation and software remains with their owners, and use is subject to the applicable licences. Purchasing hosting does not mean acquiring the infrastructure or tools used to provide it.

16.3. Rights in developments, modifications or deliverables produced through WebMonster Pros or other commissions are governed by the quote and applicable service terms, respecting third-party component licences. Ownership of all results of a commission is not automatically assigned to WebMonster.

16.4. Both parties will keep confidential any non-public information accessed through the contract and limit its use to performing the contract. They may disclose it to people or providers who need to know and are subject to appropriate confidentiality duties, or where required by law. The obligation continues after the contract ends for as long as the information remains confidential.

17. Personal data protection

17.1. WebMonster processes the data needed to manage the Customer relationship, issue invoices, answer enquiries and meet legal obligations as set out in the Privacy policy. The legal basis depends on each purpose; accepting the contract does not replace any specific consents required.

17.2. Where WebMonster hosts or processes personal data on the Customer’s behalf, the Data processing agreement applies. The Customer will determine the purposes and legal basis of processing for which they are responsible and give lawful instructions. If acting on behalf of a third party, they must have sufficient authorisation to engage WebMonster.

17.3. The agreement specifies security measures, confidentiality, sub-processors, locations and transfers, assistance with data subject rights, personal data breach management, and data return or deletion. Roles will reflect the actual processing, without these terms changing the responsibilities established by law.

18. Incidents, complaints and consumer rights

18.1. The Customer may report incidents or make complaints through the customer area, email or other contact details in section 1. WebMonster will provide a record of the complaint and respond as soon as possible, and no later than fifteen days after submission. This response deadline does not authorise leaving an incident unattended or replace service-specific response commitments.

18.2. Consumers retain applicable statutory rights relating to the supply and conformity of digital services, including bringing the service into conformity, price reduction, termination and refunds where provided by law. The commercial guarantee and SLA do not replace those rights.

18.3. If a consumer complaint is not resolved, WebMonster will provide the legally required information about the competent alternative dispute resolution body and state whether it is affiliated or agrees to participate in the procedure. Complaining to WebMonster does not prevent recourse to consumer bodies, competent authorities or courts, or impose a mandatory waiting period before doing so.

19. Governing law, interpretation and applicable version

19.1. The contract is governed by Spanish law. For consumers resident in another country, this choice does not deprive them of the protection of applicable mandatory provisions of their habitual residence.

19.2. Disputes fall within the jurisdiction of the courts determined by statutory jurisdiction rules, including those protecting the consumer’s place of residence. There is no mandatory submission to the courts where WebMonster is based.

19.3. If a clause is invalid, the rest of the contract remains unaffected if it can continue without that clause. An invalid clause will not be interpreted so as to preserve a prohibited restriction of rights.

19.4. The applicable version is the one provided at the time of contracting or a version subsequently incorporated through the procedure in section 8. Existing individual agreements are not removed merely by publishing a new version.

20. Model withdrawal form

Complete and send this form only if you wish to withdraw from the contract. You may also communicate your decision through any other unequivocal statement.

To: Santiago Ángel Lope del Palacio (WebMonster). Calle Picasso 1, Oficina 5, 28691 Villanueva de la Cañada (Madrid). Email: [email protected].

I/We hereby give notice that I/we withdraw from my/our contract for the provision of the following service:

• Service and order or contract reference, if available:
• Date of contract:
• Name of consumer(s):
• Address of consumer(s):
• Date:
• Signature of consumer(s), only if submitted on paper:

Delete as appropriate.