Terms and Conditions of Use

These Terms of Use (hereinafter the <<Conditions>>) set out the terms and conditions under which services are provided through the Website www.jotelulu.com and through all its related or linked sites from www.jotelulu.com (hereinafter the <<Platform>> and/or the <<Website>>).

By contracting for services on the Website, you acknowledge that you accept these Terms and Conditions and agree to be bound by them. If you do not accept them, you must not use the Website or the services provided through it.

These Conditions shall be valid from the date on which the user (hereinafter the <<User>>) checks the box of acceptance of these Conditions that appear at the bottom of this document.

These Terms and Conditions shall apply to the exclusion of any other terms and conditions referred to, proposed, or invoked by the User, whether in negotiation or at any stage of the relationship between JOTELULU, S.L. (hereinafter JOTELULU) and the User, in relation to any services (as defined below) provided by JOTELULU to the User under these Terms of Use.

Access to and use of the Website is prohibited for users under the age of eighteen (18). Therefore, by accepting these Conditions, the User acknowledges that he/she is a person with sufficient capacity to acquire the obligations arising from his/her actions and that he/she has read, understands, and accepts their content.

If a person under 18 years of age registers as a User, JOTELULU may take the necessary measures to that effect and may proceed to delete or block the User’s account as well as suspend the products and services.

This document may be printed and stored by Users. JOTELULU makes the following e-mail address available to Users so that they can ask any questions about these Conditions: finance@jotelulu.com.

1.Information about us

In compliance with article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, the following details identifying the owner of the Website are provided:

Name: JOTELULU, S.L. (hereinafter, <<JOTELULU>>).
Registered office: Impact Hub Picasso, plaza Pablo Ruiz Picasso, n.º 1, 28020 Madrid, Spain.
Tax ID: B-65814709.
Register details: Barcelona Commercial Register, volume 43288, folio 0129, section: 8, page: B 423241, entry 1.
Email: finance@jotelulu.com

2. Updating and modification of the Terms of Use

JOTELULU reserves the right to modify these Conditions, the Privacy Policy and the Cookies Policy at any time and without prior notice. The User must read these Conditions carefully before accessing the Platform. In any case, acceptance of the Conditions is an essential first step to access the services and content available on the Platform. The Conditions in force will be always available on the Website.

3. Description of the service

JOTELULU provides its Users with a Platform through which they can contract the Products.

The User will be able to have a complete overview of the activity of his company using the functionalities offered by the Platform. Through the Platform, the User will be able to, among other things:

Deploy IT and Communications Products.
Centrally manage multiple IT and Communications Products by centralising control.
Create and manage users necessary for the correct functioning of the service in each Organisation.
Continuous monitoring of all your Products.
Manage additional and complementary subservices associated with each of the original Products proposed.
View the real-time consumption of the contracted Products and access the billing history for each one of them.
Manage incidents or make queries to our technical team.

The services provided to the User may be replaced or modified by JOTELULU at any time with prior written notice to the User and for a similar or superior service to that initially contracted.

4 User registration

Users who wish to make use of the products and services (hereinafter, <<the Products>>) offered on the Website must register on the Website using the form created for this purpose, for which they will have to follow the instructions indicated therein and provide the required data (hereinafter, the <<Registration Form>>).

It is also possible for JOTELULU staff to register users and organisations in the case of offline processes, with the prior authorisation of the client and the corresponding signature on the order form.

Once the Registration Form has been completed, the User will receive an e-mail at the address indicated in the Registration Form, confirming the registration, and informing them of the use they can make of the tool.

5. Contract duration

The Products are used for periods of one hour and are counted from the time the service is contracted. The sum of the hours in which the Products are activated, whether or not they are in effective use, will be billable to the User at the end of each month.

For those products that cannot be contracted based on one-hour periods (Domains, Certificates, Mobile Telephony or FTTH, among others), the contracting period will be adjusted to the agreement pre-established during the contracting of the product either through the Website or the JOTELULU Platform.

6. Partner Programme

The User may subscribe to the Partner programme by selecting such service through the Website. The Partner programme is governed by specific conditions and available at the following link: https://jotelulu.com/en-gb/conditions-partner-programme/

Transferring a User from one Partner to another.

The Program allows Users to be transferred between Partners. The explicit consent of the Partner who transfers the User (“Donor Partner”) and the Partner who receives such User (“Recipient Partner”) is required. The Recipient Partner shall negotiate the new financial and service conditions with the User. The transfer cannot take place without the explicit consent of the User.

The Recipient Partner shall be responsible for the migration and shall receive for such purpose the cooperation of the Donor Partner to make it technically possible. The role of Jotelulu in such migration shall be limited to its legal position of online service provider.

The migration shall be effective on the first day of the month following the date of authorisation of the change by the User.

7. Price and payment

The price of the services shall be the price indicated at the time of contracting the service on the Platform.

The price shall be paid monthly in arrears by credit/debit card or by direct debit order to the User’s bank account indicated at the time of contracting the service. This charge will only be made if Products have been deployed. If the User’s account has no Products contracted, no charge will be issued even if the account is still active. In the event that there is a charge or expense associated with part of the Products, the User agrees to pay such charge. The price indicated for the Products does not include VAT (value added tax), unless otherwise specified.

In order to pay for a Product, JOTELULU will ask you to provide a payment method at the time of subscription. The User may at any time access and modify its billing account information and payment method on the JOTELULU Platform under the <<Consumption>> section. The User agrees and undertakes to keep his/her billing account information up to date at all times. Likewise, you agree and allow JOTELULU to use your updated account information about your payment method and provided by the issuing bank or applicable payment network.

By providing JOTELULU with a payment method, you (i) represent that you are authorized to use the payment method you have provided and that the payment information you have provided is accurate and truthful; (ii) authorize JOTELULU to charge you for Products using the payment method provided; and (iii) authorize JOTELULU to charge you for any payment features of Products you subscribe to or order while these Terms are in effect.

JOTELULU provides an online invoice on the Platform in the <<Consumption>> section, where the User can view and print his/her invoice. The User is obliged to check the invoice regularly. This is the only invoice provided by the Platform. The User is responsible for printing or saving a copy of each online invoice and keeping it for his/her records. In the event that there are errors on the invoice, JOTELULU staff undertakes to correct them as soon as possible, once the error has been reported by opening a ticket on the Platform via the <<Help>> section, and the charge has been examined.

In the event of non-payment by the User of contracted Products, JOTELULU shall, in the first instance, suspend said Products if the amounts owed have not been paid within 10 calendar days of notification. When the account becomes <<suspended>>, account users will not be able to access the Products but will only be able to access their profile on the Platform and their organisation’s editing page to restore/manage their payment method.

8. Data Protection

In providing the services, JOTELULU will comply with the Privacy Policy which is available at the link: [link] and is incorporated herein by reference. JOTELULU’s Privacy Policy is subject to change at JOTELULU’s discretion; however, JOTELULU’s changes to the Privacy Policy will not result in a significant reduction in the level of protection afforded to User Personal Data.

In the event that JOTELULU does not act as a Data Controller but as a Data Processor, the Personal Data will be processed in accordance with the Data Processing Agreement available at the link: [link], entered into between JOTELULU and the User. The Data Processor Agreement, which is available at link: above and is incorporated herein by reference, describes the respective roles of the parties with respect to the processing and control of the Personal Data that the User provides to JOTELULU as part of the Services.

By contracting JOTELULU’s services, the User accepts the aforementioned Privacy Policy and in turn, where applicable, the contents of the Data Processor Agreement.

9. Security of data

JOTELULU undertakes to implement the legally required security measures that are appropriate to the state of technology, in order to ensure the confidentiality, availability and integrity of the information hosted on its servers.

However, the User must use the means available to them to maintain the level of security of their data, and it is especially recommended that they use strong passwords to access their user account, with at least 8 characters alternating numbers, letters, uppercase, lowercase and special characters. We also recommend that you change your password regularly (at least once a year) and that if you suspect that a third party may know your password, you should change it immediately.

Likewise, JOTELULU informs that it has a backup system that complies with the requirements established by current legislation. However, JOTELULU does not guarantee the total recovery of the information in the same state in which it could be lost, due to technological factors that prevent such recovery from being exact (e.g., latency of communications, frequency of making copies, etc.).

10. Period and termination of services

The User may terminate the Products associated with his or her account at any time through the Platform and the functionalities existing in each section, all without prejudice to the amounts pending or committed for payment according to the specific conditions of the contracted Product. The termination and cancellation of the Products shall be effective once the outstanding and committed amounts for the use of the service have been correctly paid.

Once the Services have been terminated, the User shall not have any rights to access or use the Services.

11. Trial period

JOTELULU offers the User the possibility of having a period of 15 days to deploy Products and make use of them completely free of charge. During this trial period, the User will be able to deploy and manage the enabled Products and assess whether the Platform meets his or her needs.

This service is intended to show users the Products, services, and functionalities of JOTELULU, but allows them to keep all the services deployed, as configured during the trial period. The renewal of the subscription once the trial period is over will be carried out automatically unless the User expressly cancels the contracted Products.

12. Prohibited uses

The User may only use the Services for professional purposes and with the scope established in these Conditions.

The User shall refrain from using the services to carry out any activity that is unlawful or infringes the rights of third parties, intentionally causing any damage to an entity or person. In particular, but without limitation, the User shall refrain from using the services to:

Use the services for the storage, dissemination or transmission of racist, xenophobic, paedophilic content or content that violates the right to honour, privacy, the self-image of persons or current legislation.
Send spam or use your account to help other people send spam. Spam is any unsolicited bulk email, posting or instant message.
Store, disseminate or transmit illicit content, introduce, store, or disseminate programmes, viruses, macros, applets or any other logical device or sequence of characters that cause or are likely to cause any type of malicious alteration in the computer systems of the Service Provider, any of its Users or third parties.

The User is prohibited from storing content that infringes the intellectual or industrial property rights of third parties.

It is forbidden to use or install programs or devices capable of invalidating the security controls or passwords established by JOTELULU, and it is also forbidden to decipher the keys, encryption systems or algorithms or any other security element involved in the processes or services provided by the contracted services, as well as to attempt to increase their permissions or privileges, or to fraudulently supplant or evade the credentials of any other User.

The User may not under any circumstances: (i) circumvent or omit the technical protection measures that the services, the software associated with them, or the Platform itself contain, or that are related to them; ii) reverse engineer, decompile or disassemble the software or any other aspect of the products and services included therein or accessible through them, except to the extent expressly authorised by applicable intellectual property law; iii) disassemble the components of the software or the Products for use in different devices; iv) copy, publish, lease, rent or lease the software or the Products.

However, in the event of any conduct that goes against morality and public order, JOTELULU will proceed to block or delete the User’s account, without prejudice to any legal action that may be taken against those responsible for such conduct.

13. Technological limitations

JOTELULU informs the User that, as a result of maintenance work, in certain cases there may be temporary interruptions in the services provided.

JOTELULU undertakes, as far as possible, to inform the User as far in advance of the aforementioned interruption and to make every effort to ensure that such intervention lasts as short a time as possible and that it affects the User as little as possible.

The User acknowledges and accepts that JOTELULU may modify the services or launch a new version of the same at any time and for any reason, including but not limited to: addressing the needs of users, meeting competitive demands, responding to a government regulation or law, or continuing to innovate in its product offerings.

JOTELULU informs the User that there are a wide variety of factors that may affect the Platform and its services, such as, but not limited to: environmental conditions, network saturation, connectivity, third party software, etc.

14. Liability

JOTELULU undertakes to provide the services contracted by the User, to manage the hardware and to replace all the necessary elements of said hardware to guarantee the correct functioning of the service.

Except in the case of wilful misconduct by JOTELULU, JOTELULU shall not be liable to the User for damages arising from incorrect use of the services, or failure to comply with the recommendations or instructions provided by JOTELULU.

Likewise, JOTELULU shall not be liable for service failures or crashes that are attributable to external causes or causes beyond the control of JOTELULU or any of the circumstances described in these legal conditions.

JOTELULU shall not be liable for any damages caused as a result of the following events:

Errors and failures caused by the User.
Problems caused by elements unrelated to JOTELULU, such as deficiencies in the hardware used by the User, Internet connection failures or slowness or hardware failures.
Non-compliance, delays or malfunctioning of services or service levels of third parties outside JOTELULU (e.g. Internet access providers, etc.).
Possible errors or security deficiencies that may occur due to the use, by the User, of software that is not updated or insecure, as well as the activation of password conservation devices or User identification codes in the browser or damage, errors or inaccuracies that may result from the malfunction of the same.
Maintenance operations scheduled and notified at least 24 hours in advance by JOTELULU.
Errors or damages caused by the interaction of software, applications or any other sequence of code, installed or executed by the User or third parties unrelated to JOTELULU.
Negligent actions, abusive use, or configuration errors by the User.
Damages caused by circumstances of force majeure, terrorist attack or natural disaster.
Damages, including but not limited to: direct or indirect, inherent or consequential damages, losses or expenses arising in connection with each service or its use or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or system or line failure.
Malicious attacks by third parties, execution of malicious software, malware, etc., affecting the contracted services.
Neither shall JOTELULU be liable for damages caused by the content hosted by the User, the illegitimate or fraudulent use made of the services or content, or the violation of the regulations and laws in force, or contracts signed by the User.

In accordance with the provisions of art. 16 of Law 34/2002 on Information Society Services and Electronic Commerce, JOTELULU is not responsible for the contents, the software installed, or the information stored by the User, as it has no relationship of dependence, management, control or authority over the same. The User is the sole owner and responsible for the content hosted on the contracted Products.

Some Products enable you to communicate with third parties and to store or share various types of files, such as photographs, documents, videos, and music. All content of your communications and files are the responsibility of the User (your <<Content>>). We strongly recommend that you regularly make backup copies of all your Content.

In any case, the parties accept that JOTELULU’s liability for any damage or loss for which it is responsible, according to the stipulations described above, shall be limited at most and for all concepts, to the proportional amount paid by the User for the period in which the originally contracted service was not received, as indicated in the Service Level Agreement (SLA) formula, or otherwise to the last invoice paid by the User, waiving in any case the claim for loss of profit.

Availability (A) = [(Hours per month – Hours of unavailability) / (Hours/month)] x 100
AVAILABILITY	COMPENSATION
99,99>A>=99,72 99,72>A>=99,44 99,44>A>=99,16 A<99,16	10% monthly fee 20% monthly fee 30% monthly fee 40% monthly fee

The following are not included in the calculation of the availability of access:

Causes beyond the control of the Service Provider and force majeure.
Unavailability times because of failures in the Client’s own software residing in the virtual machines.
Viruses and computer attacks that cause the total or partial impossibility of providing the services.

15. Assignment of contract and subcontracting

The User may not assign or subrogate its contractual position in favour of third parties without the express consent of JOTELULU.

JOTELULU may assign its contractual position to third parties without prior notice to the User.

Likewise, if JOTELULU deems it appropriate, it may subcontract part or all the services that it provides to the User to third parties that it considers sufficiently qualified to do so without detriment to the service that it undertakes to provide to the User.

16. Intellectual Property

16.1. Intellectual and industrial property rights of the parties.

Each of the parties acknowledges the ownership of the other or any other third party in respect of all its intellectual and industrial property rights (such as: texts, images, graphics, source code, drawings, designs, designs, navigation structure, databases, trademarks, brands and trade names, logos, distinctive marks, domain names and social profiles, trade secrets and know-how, trade names and trademarks, copyrights, rights similar or related to copyrights or sui generis rights on databases, patents, utility models, industrial models and any other content, regardless of whether they have been registered or not).

The rights granted to the User to use the Services under these Terms do not grant any additional rights in the Service or in JOTELULU’s Intellectual Property Rights. Subject only to the limited rights to access and use the Services, as expressed herein, all right, title and interest in and to the Services and all hardware, software and other components or used to provide the Services, including all Intellectual Property Rights, shall remain with JOTELULU and shall belong exclusively to JOTELULU.

JOTELULU shall have a fully paid-up, royalty-free, worldwide, transferable, sub-licensable, assignable, irrevocable, perpetual license to implement, use, modify, commercially exploit, incorporate into the services, or use any suggestions, enhancement requests, recommendations, or other feedback it receives from the User.

16.2. Intellectual and/or industrial property rights on the software

16.2.1. Software associated with the Products

Unless accompanied by a separate License Agreement, all software (including, but not limited to, source code, object code, user manuals, APIs, supporting documentation, updates, upgrades, new versions) provided or recommended by JOTELULU as part of its Products shall be governed by the terms of these Terms. The software is licensed and not for sale, and JOTELULU reserves all rights in the software not expressly granted under the license terms. The parties expressly acknowledge that JOTELULU owns or has been granted the rights to exploit all intellectual and industrial property rights relating to JOTELULU and its services. JOTELULU only grants the User the right to use the software recommended or supplied as part of its products and services, on a non-exclusive, non-transferable basis and subject to the terms and conditions set out in these Conditions.

JOTELULU may automatically check the version of its software, as this is necessary in order to provide the Products. JOTELULU may automatically download software updates to the User’s computer, free of charge, in order to keep up to date, progress and further develop the Products. JOTELULU may require the User to accept such updates subject to these terms, unless the updates are accompanied by additional or different terms.

Furthermore, in order to ensure the proper functioning and legality of its services, JOTELULU reserves the right to audit any of the Products deployed on its Platform in order to ensure that the software installed, executed or stored therein is correctly licensed and complies with the required legality, being the User directly responsible in case of non-compliance with these requirements and may be required to take steps to regularize such software or remove or uninstall it, if applicable.

17. Content

17.1. Access to the content

Initially, the User controls who can access his or her Content. However, if the User shares content in the public areas of the Products through features that enable public sharing of Content, or in shared areas available to other users selected by the User, the User understands and agrees that such content will be made available to the users with whom the User has shared it. If the User does not want others to have this ability, the User should not use the Products to share their content. You warrant and represent that, for so long as these terms and conditions apply, you have (and will have) all necessary rights in and to the content you share or upload to the Products, and that your use of such content as contemplated in this section does not violate any law or the rights of any third party.

17. 2. Impermissible Content and Actions

JOTELULU reserves the right to reject any Content/Software or remove it from the Products at any time if it is deemed to violate applicable law or these Terms, or if it exceeds storage or file size limits. If the Content that a User stores on the JOTELULU Products is lawful, complies with the terms of these Terms, is protected by intellectual property laws, and the User is authorized to use it, JOTELULU will provide the opportunity to retrieve it. JOTELULU may also block the delivery of any type of communication (such as an instant message or email) to or from the Products as part of its effort to safeguard the Products and other users.

17. Links to third parties

JOTELULU assumes no liability whatsoever arising from the links that enable, through the Website and the Platform, the User to access features, software and services offered by third parties, provided that they are unrelated to JOTELULU. Therefore, JOTELULU shall not be held responsible for the information contained therein or for any effects that may derive from such information.

If any User or third party should observe that such links may be contrary to the law, morality, or public order, they should inform JOTELULU by e-mail: finanzas@jotelulu.com.

18. Confidentiality

Under these Conditions, each party may have access to confidential information of the other party (hereinafter referred to as <<Confidential Information>>). Each party agrees to disclose only such information as is necessary for the performance of its obligations under these Conditions.

A party’s Confidential Information shall not include information that: (a) is or becomes part of the public domain by reason other than through the act or omission of the other party; (b) was in the lawful possession of the other party prior to disclosure and which the other party did not obtain directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction as to such disclosure; or (d) is independently developed by the other party.

The parties agree not to disclose the Confidential Information of the other party to third parties other than those mentioned below for a period of three (3) years after the disclosure of the Confidential Information by the disclosing party to the receiving party. Notwithstanding the foregoing, JOTELULU shall keep your Confidential Information residing within the Platform confidential.

The parties may disclose Confidential Information only to those employees, representatives or subcontractors who are required to protect it from unauthorised disclosure in accordance with a level of protection no less than that provided for under these Conditions.

Nothing shall prevent the parties from disclosing terms or prices under these Conditions or orders made under these Conditions in any legal action arising under or because of these Conditions or from disclosing Confidential Information to any governmental entity where required by law.

19. Limitation of liability

Neither party shall be liable for indirect, incidental, special, punitive or consequential damages, or for lost profits or loss of revenue (other than fees under these terms), data or use of data. JOTELULU’S total liability for any damages arising under or out of these terms or your order, whether in contract, tort, or otherwise, shall be limited to the total amount paid to JOTELULU for services under the order giving rise to liability in the twelve (12) month period immediately preceding the event giving rise to such liability, minus any refunds or credits received by you from JOTELULU under such order.

20. Contact and written communications

Applicable regulations require that part of the information or communications that JOTELULU sends to the User be in writing. By accepting these Conditions, the User accepts that the majority of communications with JOTELULU will be electronic. JOTELULU will contact the User by e-mail or by posting notices on the JOTELULU Platform. The User is aware that he/she must use these electronic means of communication and acknowledges that all notifications, information and other communications that JOTELULU sends him/her electronically comply with the legal requirements of being in writing.

For any query or incident, complaint or claim related to the services, the User may contact JOTELULU through the <<Help>> section of the JOTELULU Platform or by sending an email to the following addresses:

Incidents: plataforma@jotelulu.com.
Queries and complaints: finance@jotelulu.com.

21. Analysis of the service

JOTELULU may (i) collect statistical and other information related to the performance, operation and use of the services, and (ii) use data from the Platform in aggregate form for operations and security management, to create statistical analyses, and for research and development purposes (collectively referred to as <<Service Analytics>>). JOTELULU may make the Service Analyses publicly available; however, the Service Analyses will not incorporate Your Content or Confidential Information in a manner that could be used to identify the User or any individual, and the Service Analyses do not constitute Personal Data. JOTELULU retains all intellectual property rights in the Service Analyses.

22. Warranties

JOTELULU warrants that it will provide (i) the Services as described in the Service Specifications, and (ii) the Professional Services in a professional manner in accordance with the Service Specifications.

JOTELULU does not warrant that (a) the services will be error-free or uninterrupted, or that JOTELULU will correct all errors in the services, (b) the services will work in combination with your content or applications, or with any other hardware, software, systems, services, or data not provided by JOTELULU, and (c) the services will meet your requirements, specifications, or expectations. you acknowledge that JOTELULU does not control the transfer of data over communications systems, including the internet, and that the services may be subject to limitations, delays, and other problems inherent in the use of such communications systems. JOTELULU is not responsible for delays, failures to deliver, or other damages resulting from such problems. JOTELULU is not responsible for any problems with the performance, operation or security of the services arising from your content, applications, or third-party content. JOTELULU makes no representations or warranties as to the reliability, accuracy, completeness, correctness or usefulness of third-party content or service, and assumes no liability arising under or as a result of third-party content or services. in the event of any breach of warranty of the services, your sole remedy and JOTELULU’s sole liability shall be to correct the deficient services that caused the breach of warranty, or if JOTELULU is unable to substantially correct the deficiency in a commercially reasonable manner, you may terminate the deficient services.

To the extent not prohibited by law, these warranties are exclusive and there are no other express or implied warranties or conditions, including any warranties or conditions relating to software, hardware, systems, networks or environments, or warranties of merchantability or fitness for a particular purpose.

23. Specific terms and conditions of the services

All the Products offered by JOTELULU shall be provided in accordance with the general and specific conditions set out in these terms and conditions, as well as the characteristics and functionalities described on the Website.

23.1. Specific conditions of the Product: SERVERS

By means of this Product, JOTELULU makes the contracted cloud infrastructure available to the USER for the storage, hosting, installation and/or execution of Software or data by the User, with Internet connectivity 24 hours a day.

The User will be responsible for the administration of the contracted infrastructure and must have the necessary and sufficient technical knowledge for its correct administration. Therefore, the User shall have sufficient access and control to be able to carry out administration, maintenance, installation, or removal of software. These powers shall be restricted solely to the software necessary for the correct operation of JOTELULU’s infrastructure and systems. Access by the User to its infrastructure will be carried out by means of identification: <<user>>> and <<password>>>, the User being solely responsible for its custody and confidentiality.

JOTELULU se compromete al mantenimiento del hardware y el software que da soporte a la infraestructura contratada por el Usuario, así como a establecer las medidas adecuadas que permitan la conectividad a internet de dicha infraestructura.

23.2. Specific conditions of the Product: VIRTUAL SWITCHBOARD

JOTELULU provides the User with an electronic communications Product under IP protocol (Virtual Switchboard). This service includes telephone switchboard and advanced communications functionalities, such as call forwarding programming, call filtering, multiconferencing, programming of abbreviated numbers, etc. The Virtual Switchboard also has a voicemail service integrated in an e-mail account for each of the extensions.

23.2.1. Service Prerequisites

It is considered a prerequisite for the Virtual Switchboard Product to comply with the requirements described below. In the event that these requirements are not followed, these Conditions shall be considered null and void. The User must at least meet the following requirements:

i. A minimum Internet access service of an ADSL or fibre service contracted from any national operator will be required for the installation of the Virtual Switchboard Service (minimum 65Kbps for each contracted extension).

ii. The Local Area Network (LAN) must be of category 5e or higher and must be certified to guarantee its correct operation and thus be able to connect the Virtual Switchboard Service approved by JOTELULU’s technical department.

iii. A <<managed level 2 switch>> on the network next to the telephone line where the service will be installed is required to ensure the quality of the internal traffic (<<Ethernet>> traffic). The wait should be less than 1ms and less than 1% packet loss. In case this installation does not meet the minimum requirements, JOTELULU will not be responsible for the proper functioning of the service.

23.2.2. Specific Obligations of the User

From the date of Product activation, the User shall pay the amount due for the Virtual Switchboard Product as defined in this Agreement. The costs of material delivery (if any) between the User and JOTELULU shall be borne by the User. The User assumes that the quality of the service depends on the quality of the Internet network and broadband support service.

The User understands and agrees that JOTELULU shall not be liable for any loss or damage, including loss of profits, resulting from failures or outages in telecommunications structures.

The User expressly authorises JOTELULU to provide this service through its own personnel or by contracting specialised third parties and must inform the User of the name of the entity or professional to whom tasks are entrusted that may involve access to personal data belonging to the User.

JOTELULU will provide the User with a Username, a Password, and an Account. It is the sole responsibility of the User to maintain the confidentiality of his or her Username and Password and to safeguard such data to prevent unauthorised access. The User is responsible for all activities carried out using his or her Username, Password and Account, even if they occur without his or her permission.

The User agrees to notify JOTELULU in writing immediately of any unauthorized or fraudulent use of his or her Username, Password or Account. The User agrees to indemnify JOTELULU against any and all third-party claims and liabilities arising out of or related to the use of your Username, Password or Account. JOTELULU shall not be liable for any damages resulting from unauthorized or fraudulent use of your Username or Password or unauthorized use of your Account.

JOTELULU reserves the right to change Your Username or Password if it is in the interest of the proper functioning of the VoIP service or to prevent fraudulent use. JOTELULU shall not be liable for any delay or failure in the total or partial implementation of the service, interruptions or malfunction of the service, caused by any network failure due to natural disasters, such as earthquakes, floods, lightning or fire, acts of terrorism or any force majeure, acts of God, acts of God, and situations of extreme urgency, such as labour disputes or serious lockouts, war, military operations, civil unrest or any other situation of a similar nature.

The User acknowledges and agrees to use the VoIP service for lawful purposes only. In this regard, the User may not engage in the following activities, which are not limited to,: (a) intercept or monitor, damage or modify any communication that is not intended for the User; (b) send any unsolicited commercial communication that is not permitted by applicable law; (c) use <<My Account>> or the VoIP service in a fraudulent manner (d) expose other users to offensive, harmful to a minor, indecent or unacceptable material or; (e) otherwise disrespect JOTELULU’s etiquette. The User acknowledges and agrees that JOTELULU is under no obligation to provide Emergency Services or short numbers under any applicable local or national laws, regulations, or provisions. Further, User acknowledges that JOTELULU is not a substitute for its primary telephone service.

23.3. Specific conditions of the Product: REMOTE DESKTOP

By means of this Product, JOTELULU provides the User with the infrastructure necessary for computing, storage and remote execution of the operating system and software installed by the User. The installation, execution and administration of the software installed by the User on the virtual server provided by JOTELULU are the sole responsibility of the User.

The User is solely responsible for having the corresponding licences or permissions for the software that he/she wishes to install.

23.4. Specific conditions of the Product: CLOUD STORAGE

JOTELULU provides the User with the resources offered in accordance with the File service selected by the User during the purchase process.

This service has the following minimum characteristics:

i. Provision to the User of the contracted logical space for storage.

ii. Encrypted connection for the storage and management of the files.

iii. Control Panel and computer applications that allow the management and administration of the file system contracted by the User.

The User is solely responsible for the information stored in this Product and shall refrain from using the Website and the Platform to carry out any unlawful activity listed in Section 12 (Prohibited Uses).

23.5. Specific conditions of the Product: BACKUP ONLINE

JOTELULU provides the User with the resources offered in accordance with the Online Backup Product selected by the User during the purchase process. This service has the following minimum characteristics:

i. Provision to the User of the contracted logical space for the performance of backup copies on a remote server.

ii. Client software based on java technology.

iii. Encrypted connection for the creation and transmission of backup files.

iv. Control Panel and computer applications that allow the management and administration of the Online Backup system contracted by the User.

23.6. Specific conditions of the Product: REPOSITORY S3

JOTELULU makes available to the User the resources offered in accordance with the S3 Repository service selected by the User during the purchase process. This service has the following minimum characteristics:

i. Provision to the User of the contracted logical space for storage.

ii. Encrypted connection for the storage and management of the files.

iii. Control Panel and computer applications that allow the management and administration of the file system contracted by the User.

The User is solely responsible for the information stored in this Service and shall refrain from using the Website and the Platform to carry out any unlawful activity listed in Section 12 (Prohibited Uses).

24. Cancelled accounts

If an account is in <<suspended>> status for more than 15 days, JOTELULU will proceed, with prior notice, to cancel the account, with the consequent deletion of all the information and services contained therein. Likewise, if the User voluntarily cancels his or her account, JOTELULU shall proceed to deregister him or her from the Organisation and delete all records associated with the same. Users may cancel their account at any time through the tool provided for this purpose on the Platform, specifically at: Organisation, Profile, Delete Organisation, after unsubscribing from the contracted Products. The User should be aware that each time a Product is cancelled, he/she is responsible for the information of said Product and at the time of cancellation, all the information contained in said service may be deleted.

25. Modifications

JOTELULU will notify the User of any changes to these Conditions prior to their occurrence. If the User does not agree with the changes, he/she must stop using the Website and the JOTELULU Platform, as well as the services offered through the same.

The use of the Website and/or the JOTELULU Platform after notification of the changes shall imply acceptance of the changes by the User.

26. Legal regime and juristiction

The contracting carried out by means of the acceptance of these Conditions is of a commercial nature and is governed by its own clauses and, in all matters not provided for therein, by the Spanish legislation contained in the Commercial Code, Special Laws and commercial uses and, in the absence thereof, by the provisions of the Civil Code.

The parties submit to the Courts and Tribunals of Madrid for the resolution of any controversy or discrepancy that may arise during the development, execution, and completion of these Conditions, expressly waiving any other jurisdiction that may correspond to them, unless such waiver is expressly prohibited by the regulations applicable to these Conditions.