General Terms

Last updated: March 21, 2026

1. Scope

These General Terms and Conditions govern the provision of hosting services offered by Martin Schenk S.L. (hereinafter "the Provider") through the platform hosting.martin-schenk.es.

These services include, but are not limited to: virtual servers (VPS), web hosting, WordPress hosting, professional email hosting, and domain registration.

2. Provider Information

• Company name: Martin Schenk S.L.
• Tax ID (CIF): B-56288997
• Address: Calle Claudio Coello 14, 28001 Madrid, Spain
• Email: [email protected]
• Phone: +34 669 686 832

3. Contract Formation

By ordering any service, the Customer fully accepts these terms and conditions. The Customer declares to be of legal age and have the legal capacity to contract.

The contract is concluded when the Customer completes the payment process and receives the order confirmation by email.

4. Duration, Renewal and Cancellation

Services are contracted for the period indicated in each product (monthly, quarterly, semi-annually or annually). Renewal is automatic for equal periods, unless the Customer communicates their intention to cancel within the notice periods specified below.

a) Cloud Servers (unmanaged)

The Customer may cancel their subscription by providing at least 7 calendar days' notice before the end of the current billing period. Cancellation will be effective at the end of the period already paid for.

b) Managed Servers

Cancellation of managed server services must be communicated at least 2 months (60 calendar days) before the end of the current billing period. Cancellation will be effective at the end of the period already paid for.

This notice period is required because managed servers are sourced from third-party providers who in turn require their own cancellation notice periods.

c) Domains

Domains are registered and renewed for annual periods. The Customer may choose between two renewal modes:

• Automatic renewal (default): The domain is automatically renewed before its expiration date. The Customer will receive the corresponding invoice.
• Manual renewal: The Customer will receive a payment request approximately 45 days before expiration. The domain will only be renewed upon receipt of payment.

To change the renewal mode or cancel a domain, the Customer must notify the Provider at least 30 calendar days before the domain's expiration date.

Important: Once a domain has been renewed, the renewal is irreversible and no refunds will be issued.

Grace period after domain expiration

If a domain is not renewed before its expiration date, it stops working immediately (the associated website and email will become unavailable). Depending on the domain extension, there is a limited grace period during which recovery is still possible:

• .com, .net, .org and other generic extensions (gTLD): Grace period of up to 41 days after expiration, during which the domain can be renewed at the regular price. After this, a redemption period of approximately 30 days follows, with an additional recovery fee of €60 (plus renewal cost). After the redemption period, the domain is permanently released and may be registered by any third party.
• .es domains: Grace period of only 9 days. After this, the domain is immediately and irreversibly deleted and becomes available for public registration. There is no redemption period for .es domains.

Liability and monitoring obligation

The Customer is obligated to monitor the expiration dates of their domains and to make renewal payments within the specified timeframes. The Provider sends renewal reminders as a courtesy, but ultimate responsibility lies with the Customer.

The Provider is not liable for the loss of a domain resulting from: late or non-payment by the Customer, decisions by the domain registrar or the competent authority (such as ICANN or Red.es), or force majeure events.

In the event that the loss of a domain is demonstrably attributable to an error by the Provider, liability shall be limited exclusively to the direct cost of the domain renewal (the annual renewal fee). Expressly excluded are any and all indirect damages, consequential damages, loss of profits, loss of search engine rankings, loss of website traffic, reputational damage, or any other derived losses.

5. Prices and Payment

Prices shown include applicable VAT. Payment is made in advance by credit/debit card or bank direct debit (SEPA).

In case of non-payment, the Provider reserves the right to suspend the service after a 7-day prior notice. If non-payment persists for 30 days, the service and all associated data may be permanently deleted.

6. Right of Withdrawal

In accordance with European legislation, the Customer has the right to withdraw from the contract within 14 calendar days from the date of purchase, without giving any reason.

If the Customer has used the service during the withdrawal period, the pro-rata amount for the time used, as well as any additional costs incurred (excess traffic, etc.), will be deducted from the refund.

Example: €20/month server used for 14 days with 5 TB extra traffic = €20 - €10 (14 days) - €5 (traffic) = €5 refund.

Domains are excluded from the right of withdrawal once registered.

7. Resources and Limits per Service

a) Cloud Servers (VPS)

All Cloud Servers include 20 TB of outbound traffic per month. Incoming traffic is unlimited and free. Additional outbound traffic is billed at €1 net per TB. Customers can add extra storage (Block Storage Volumes) for €0.088/GB/month. Important: Volumes are NOT included in server backups.

b) Web Hosting and WordPress Hosting

Shared hosting and WordPress plans include the resources specified in the contracted plan (storage, email accounts, databases). The following fair use limits also apply:

• Inodes (files): Maximum 100,000 files per account.
• Databases: Maximum 2 GB per individual database.
• Traffic: Unlimited under fair use. Prohibited: streaming platforms, mass downloads or storage of files unrelated to the website.
• CPU and RAM: Shared resources. Excessive usage affecting other users may be temporarily restricted.
• Backups: Daily, 7-day retention. Backups are an additional service, not a substitute for the Customer's own backups.

c) Email

The email service includes the accounts and storage specified in the contracted plan. Sending limits:

• Per mailbox: Maximum 50 emails per hour and 500 per day.
• Per domain: Maximum 200 emails per hour and 2,000 per day.
• Newsletters and mass emails require verifiable Double Opt-In and the use of specialized sending services (Mailchimp, Sendinblue, etc.).
• Prohibited: open relay, spam and unsolicited emails.

d) DNS (Free Service)

The DNS management service is free and available for any domain, even without contracting other services.

• Zones (domains): Maximum 100 per account.
• Records: Maximum 100 DNS records per zone.
• Prohibited: DNS amplification, zone abuse or any malicious activity.

e) Domains

WHOIS data of the registrant must be truthful and up-to-date. Using domains for phishing, malware distribution or other illegal activities will result in immediate suspension without prior notice.

8. Customer Obligations (Acceptable Use Policy)

The Customer agrees to:

• Use the services legally and in accordance with these terms.
• Not host illegal, defamatory content, child pornography, or material that violates third-party rights.
• Not engage in spam, phishing, malware distribution, or hacking activities.
• Not use server resources abusively in a way that affects other users.
• Maintain their own backups of their data (except for managed services that include backup).
• Keep their applications and software updated to avoid security vulnerabilities.

Strictly prohibited:

• Cryptocurrency mining (including staking, farming, and plotting).
• DDoS attacks or participation in botnets.
• Network scanning or port scanning of third-party IPs.
• Open mail relays or any spam-related activities.

Breach of these obligations entitles the Provider to suspend or cancel the service immediately and without notice, without right to refund.

9. Service Level Agreement (SLA)

The Provider strives to maintain 99.9% monthly availability for its hosting services. This guarantee does not include:

• Scheduled maintenance (notified at least 24 hours in advance).
• Force majeure events.
• Problems caused by the Customer or third parties.
• Failures in the infrastructure provider's network.

10. Backups

The Provider performs periodic server backups as a precautionary measure. However, the Customer is solely responsible for maintaining their own backups.

The Provider does not guarantee data recovery in case of loss, except for services that expressly include "Managed Backup".

11. Limitation of Liability

The Provider's liability for any damage arising from the service shall be limited, in any case, to the total amount paid by the Customer in the last 12 months.

The Provider shall not be liable for indirect damages, loss of profits, data loss, or damage to the Customer's reputation.

12. Data Protection

The processing of personal data is governed by our Privacy Policy.

In hosting services, the Customer acts as Data Controller for the data stored on the server, and the Provider acts as Data Processor in accordance with Article 28 of the GDPR.

13. Price Changes

The Provider may adjust service prices at most once per year. Price changes will be communicated to the Customer at least 45 calendar days in advance by email. If the Customer disagrees, they may cancel the service without penalty before the new price takes effect. Silence is deemed acceptance.

14. Suspension and Termination for Breach

The Provider distinguishes between suspension (temporary service block) and termination (permanent contract end):

• Suspension: Service is temporarily blocked. Contract and payment obligations continue. Customer is notified by email with reason. Service resumes once the issue is resolved.
• Immediate termination: In cases of serious breach (spam, malware, prolonged non-payment, illegal activities), the Provider may terminate immediately without notice and without refund.

15. SLA Compensation

If monthly availability falls below 99.9% due to causes attributable to the Provider, the Customer is entitled to account credits:

• 5% of the monthly fee per full hour of unplanned downtime.
• Maximum: 100% of the affected service's monthly fee.
• Compensation as credit on the next invoice, not cash refund.
• Claims must be filed within 14 calendar days of the incident.

16. Data After Contract Termination

After contract termination for any reason, the Customer has 15 calendar days to download or export their data. After this period, all data will be permanently and irreversibly deleted. Migration assistance may be offered as a paid service.

17. IP Addresses and Technical Resources

IP addresses assigned to services are the Provider's property and are temporarily assigned during the contract term. The Customer may not transfer, sell, or retain IP addresses after service termination. The Provider reserves the right to change assigned IP addresses with reasonable notice.

18. Content Responsibility and Indemnification

The Customer is solely responsible for all content hosted on their services. The Customer agrees to indemnify and hold harmless the Provider against any third-party claims arising from hosted content, including legal costs and damages. The Provider may remove content without prior notice when there are reasonable grounds to believe it is illegal.

19. Intellectual Property

The Provider retains all intellectual property rights in its platform, software, and tools. The Customer retains all rights to their own content. The Customer grants the Provider a limited license to host and display their content solely for service delivery.

20. Force Majeure

Neither party shall be liable for failure to perform obligations due to force majeure, including but not limited to: natural disasters, wars, terrorism, pandemics, government actions, labor disputes, power grid or telecommunications failures, DDoS attacks on infrastructure, or supply chain disruptions.

21. Data Location

All Customer data is processed and stored exclusively within the European Union (EU/EEA), in data centers located in Germany and Finland. No data transfers outside the EEA take place without adequate safeguards in accordance with the GDPR.

22. Abuse Reporting and Illegal Content (DSA)

In compliance with the EU Digital Services Act (DSA), the Provider has a mechanism for reporting illegal content. Reports can be sent to [email protected]. The Provider will act diligently and notify the Customer when content is removed, offering the possibility to submit a counter-notification.

23. Communications

Email is the official communication channel between the parties. Notifications sent to the Customer's registered email address are deemed received within 24 hours of sending. The Customer is responsible for keeping their email address up to date.

24. Referral Program

Martin Schenk S.L. offers a referral program to its customers with recurring hosting billing.

Terms:

• For each referred new customer who subscribes to a hosting service and remains active for at least 3 consecutive months, the referring customer will receive a credit equivalent to 2 monthly payments per year.
• The credit is calculated based on the monthly amount of the new customer's plan or the referring customer's plan, whichever is lower.
• Example: If the referrer has a €30/month plan and refers a new customer with a €10/month plan, the credit will be €20 (2 × €10). If both plans are equal or the new customer's plan is higher, the referrer receives 2 full monthly payments of their own plan.
• The credit is applied as a discount on the referrer's subsequent invoices and remains active as long as both plans (referrer and referred) are in force.
• With 6 active referrals with equal or higher plans, the referrer's billing can be reduced to €0.
• Excluded from this program are reseller customers, customers without recurring billing, and one-time services.
• Martin Schenk S.L. reserves the right to modify or cancel this program with 30 days' notice, without affecting credits already earned.

25. Modifications

The Provider reserves the right to modify these terms. Changes will be communicated to the Customer at least 30 days in advance. If the Customer disagrees, they may cancel the service before the new terms come into effect.

26. Applicable Law and Jurisdiction

These terms are governed by Spanish law. For any dispute, the parties submit to the Courts and Tribunals of Madrid, Spain.