1. Identification of the provider
These Terms and Conditions govern the access, contracting and use of the services offered through the GINERNET Manager.
The technical provider of the services is:
- GINERNET S.L.
- Company incorporated in Spain
- Tax ID (NIF/CIF): B54660485
- Registered office: Pza. San Cristóbal 14, 03002 Alicante, Spain
Hereinafter, the platform is referred to as “the Manager” or “the GINERNET Manager”, and its technical provider as “GINERNET”, “we” or “the Provider”, as applicable.
The Manager is a platform for managing and contracting infrastructure, hosting, virtual private servers, network resources, IP addresses, backups, cloud services and other related technical services.
2. Acceptance of the terms
Using the Manager requires the express acceptance of these Terms and Conditions.
The Client accepts these terms when they:
- a) create an account on the Manager;
- b) access the Manager for the first time with a previously existing account;
- c) contract, activate, top up balance, modify or maintain active services on the platform;
- d) tick the corresponding acceptance box in the panel; or
- e) continue using the services after having been informed of a modification of these terms.
If the Client does not accept these terms, they may not use the Manager or contract services through the platform.
GINERNET may keep technical proof of the acceptance, including date and time, IP address, user identifier, accepted version, language, browser, user-agent and any other metadata necessary to evidence the electronic contracting.
3. Definitions
For the purposes of these terms:
Client: a natural or legal person who creates an account, contracts services, adds balance or uses the Manager.
User: a person authorized by the Client to access the account or manage services.
Account: the space assigned to the Client within the Manager.
Service: any product, resource or feature contracted or used by the Client, including VPS, IP addresses, subnets, storage, backups, network resources, console, firewall, reverse DNS, traffic, support or other related services.
VPS: a virtual private server provisioned on infrastructure managed by GINERNET.
Balance: a prepaid amount loaded by the Client on the Manager and used to pay for hourly consumption, setup fees, charges, traffic, additional resources, commissions or other applicable items.
Tax contact: the billing data provided by the Client, including name, company, address, country, tax identification, VAT ID, currency and the applicable billing entity.
Billing entity: the entity that issues the invoice corresponding to the balance or contracted service, according to the currency selected by the Client.
NEURALIA LLC: an independent legal entity used for the administrative, fiscal, accounting and operational management of billing in US dollars.
4. Service provider entity and billing entities
The services contracted through the Manager are technically provided by GINERNET S.L., a Spanish company responsible for operating the infrastructure, network, servers, IP addresses, management systems, technical support, acceptable use policies, security measures, incident management and the handling of legal requests related to the infrastructure.
The Client may select the currency and billing entity associated with their tax contact.
When the Client selects billing in euros, invoices will be issued by GINERNET S.L.
When the Client selects billing in US dollars, invoices will be issued by NEURALIA LLC, an independent legal entity used for the administrative, fiscal, accounting and operational management of USD operations.
The issuance of invoices by NEURALIA LLC does not imply that NEURALIA LLC operates the infrastructure, acts as a technical reseller of the service, manages the network, owns the IP addresses, provides infrastructure technical support or replaces GINERNET S.L. as the entity responsible for the technical provision of the service.
The technical provision, operation, support, abuse handling, security measures, retention of technical records and the handling of legal requests relating to the infrastructure are carried out under the operational responsibility of GINERNET S.L., in accordance with these Terms and Conditions and applicable regulations.
Invoices issued by NEURALIA LLC may include a clarifying note stating that NEURALIA LLC acts as the billing entity in USD and that the Manager's services are technically operated by GINERNET S.L.
5. Nature of the Manager
The Manager is a technical infrastructure platform aimed primarily at professionals, companies, system administrators, developers, service providers, network operators and users with sufficient technical knowledge to manage hosting, VPS, network and cloud resource services.
Unless expressly stated otherwise, the services are offered on a self-service basis. The Client is responsible for configuring, administering, protecting, updating and maintaining the systems, applications, content and data hosted on their services.
GINERNET provides the base infrastructure and the management tools available in the Manager, but does not by default administer the operating system, software, applications, databases, panels, scripts, internal configurations or content hosted by the Client.
6. Account registration
To use the Manager, the Client must create an account and provide truthful, complete and up-to-date information.
The Client declares that they are of legal age and have sufficient legal capacity to contract, or that they act on behalf of a legal entity with sufficient authority to bind it. GINERNET may apply reasonable controls to check this, including the account verification described in clause 7.
The Client is responsible for:
- a) keeping their contact and billing data up to date;
- b) safeguarding their access credentials;
- c) enabling and maintaining reasonable security measures, such as 2FA or passkeys where available;
- d) limiting access to authorized users;
- e) periodically reviewing the activity of their account;
- f) reporting without delay any unauthorized access, loss of credentials or security incident.
GINERNET may deny, suspend or cancel accounts when there are reasonable indications of false data, fraudulent use, abuse, impersonation, breach of these terms, risk to the infrastructure or an applicable legal request.
7. Account verification and fraud prevention
GINERNET may require account verification processes, facial liveness checks, tax validation, payment method checks, phone validation, full verification with an identity document where applicable, or equivalent measures whenever it deems necessary to prevent fraud, abuse, non-payment, impersonation, circumvention of restrictions, unlawful activity or operational risks.
The standard account verification consists, at the Client’s choice, of a facial liveness check (a short selfie) or the validation of a mobile phone number through a one-time code sent by SMS. In neither case is an identity document required.
GINERNET may additionally require a full verification with an identity document in specific cases, including indications of fraud, duplicated identities, impersonation, payment disputes, legal requests or operational risk. In that case, the Client must complete it within the indicated period to keep access to the platform.
GINERNET may use anti-fraud signals derived from the verification, including the detection of duplicated identities or phone numbers used across accounts and technical analysis of the connection, to assess risks, require additional verifications or apply the measures provided for in these terms.
The Client's refusal to complete a required verification may prevent the contracting, activation, management through the Manager, execution of sensitive operations, recovery, reactivation or contractual continuity where there is a risk of fraud, abuse, security issues or non-compliance.
When external verification providers are used, those providers will process the data in accordance with the applicable data processing agreements, their privacy policies where relevant, and GINERNET's instructions when acting as data processors. The processing of personal data associated with verification is described in the Privacy Policy.
8. Tax contacts, currency and billing
Before adding balance or contracting services, the Client must create at least one valid tax contact.
The Client is responsible for ensuring that the tax data provided is truthful, complete and up to date. This includes name or company name, address, country, region, postal code, tax identification, VAT ID, business or individual status and any other data required to issue invoices correctly.
The currency selected in the tax contact will determine the applicable billing entity:
- a) EUR: billing issued by GINERNET S.L.
- b) USD: billing issued by NEURALIA LLC.
The Client understands and accepts that choosing USD means that invoices and payments may be managed by NEURALIA LLC as the administrative and billing entity in US dollars, without altering the technical provision of the service by GINERNET S.L.
The Client may not demand the reissuance of invoices already issued because they entered incorrect, incomplete or outdated tax data, unless applicable regulations require a rectification and such rectification is technically and fiscally possible.
GINERNET may request additional documentation to validate tax data, VAT ID, residence, business status, professional use or the Client's location.
9. Taxes
Prices may be subject to VAT, sales tax, withholdings, indirect taxes, fiscal charges or equivalent obligations, depending on the billing entity, the Client's country, the type of Client, the service location, applicable regulations and the tax data provided.
The Client is responsible for providing correct tax information and for complying with their own tax obligations in their country of residence or establishment.
When the Client acts as a company within the European Union and provides a valid VAT ID, a reverse charge or another applicable tax regime may apply, where appropriate.
When the Client is located outside the European Union, or in territories with a special tax regime, the applicable tax treatment will apply in accordance with the available information and the regulations in force.
GINERNET and/or the corresponding billing entity may modify the applied tax treatment when they detect errors, regulatory changes, incorrect data or a lack of tax validation.
10. How prepaid balance works
The Manager works primarily through prepaid balance.
The Client may add balance to their account using the payment methods available at any given time. Once credited, the balance is used to pay for active services, hourly consumption, additional resources, setup fees, commissions, excess traffic or other applicable items.
The balance does not represent a bank deposit, financial product, payment account or electronic money. It is an internal credit limited to paying for the Manager's services.
The balance does not generate interest, returns or any right to financial compensation.
The balance is recorded by currency. EUR and USD balances are independent. GINERNET may allow, limit or deny internal conversions between currencies depending on availability, accounting criteria, costs, exchange risk or applicable regulations.
The Client is responsible for keeping sufficient balance to cover their active services.
11. Balance top-ups and absence of refund
Balance top-ups are voluntary and are intended for the consumption of the Manager's services.
Once the balance is credited to the Client's account, top-ups are non-refundable, except for a mandatory legal obligation, a technical error attributable to GINERNET, a manifest duplicate charge or an express written agreement.
The Client understands that services are provisioned, reserved or consumed immediately or almost immediately, and that the added balance may be used automatically to pay for active services, hourly charges, commissions, reserved resources or outstanding debts.
The Client is responsible for calculating the amount they wish to top up and for cancelling the services they no longer wish to consume.
Failing to use all or part of the balance does not automatically create a right to a refund.
Promotions, bonuses, rewards, extra balance or credit granted free of charge by GINERNET are non-refundable, have no monetary value outside the Manager and may be subject to specific conditions.
12. Payment fees
Some payment methods may include bank, gateway, processing, network, blockchain, currency conversion fees or equivalent costs.
When such fees are passed on to the Client, the Manager will display them before confirming the operation or include them as a separate line on the invoice where appropriate.
The Client accepts that the amount actually credited as balance may be lower than the total amount paid if applicable fees exist.
GINERNET is not responsible for fees, exchange rates, withholdings, blocks, reviews, delays or rejections applied by banks, gateways, card issuers, payment networks, wallets, crypto providers or external financial intermediaries.
13. Hourly billing
Unless otherwise stated, the Manager's services are billed hourly.
The monthly price shown for certain services may be used as a commercial reference or as a basis to calculate the hourly price, but actual consumption is charged in hourly periods while the service remains active, reserved, assigned, suspended with outstanding debt or in any other billable state defined by the Manager.
The Client may cancel services whenever they wish from the panel, provided the feature is available and there is no technical, administrative, abuse, security or legal limitation.
Cancelling a service stops future billing of the removed resource, but does not remove charges already accrued, outstanding debts, prior consumption, commissions or charges associated with resources already used.
The Client is responsible for cancelling the services they no longer wish to use. No refunds will be made for services that the Client keeps active by mistake, carelessness, lack of knowledge, lack of use or lack of access to their account.
14. Minimum balance requirements to contract or expand services
Even though billing is hourly, the Manager may require a minimum balance before allowing the creation, activation, expansion or modification of services.
This minimum balance may be equivalent, among other criteria, to the estimated cost of a full month of the service, the resource setup, additional resources, IPs, storage, traffic or any other amount necessary to prevent abuse, fraud, immediate non-payment or uncovered consumption.
Requiring a minimum balance does not turn the service into a monthly one nor does it guarantee availability for one month if the Client consumes other resources, modifies services, incurs additional charges or has outstanding debts.
15. Setup charges, additional resources and non-refundable operations
Some services or operations may have a setup, activation, installation, unlocking, assignment, license, commission, manual intervention or additional resource cost.
These charges may be deducted immediately from the balance and, once the operation is executed or started, will be non-refundable except for a legal obligation or an error attributable to GINERNET.
This may include, among others:
- a) service setups;
- b) assignment of premium IPv4 or IPv6 addresses;
- c) unlocking or enabling sensitive features;
- d) configuration changes;
- e) resource expansions;
- f) backup restorations;
- g) network operations;
- h) advanced support services;
- i) gateway commissions;
- j) third-party licenses or products.
16. Suspension due to insufficient balance
If the Client does not have sufficient balance to cover hourly charges or outstanding charges, the Manager may automatically suspend the affected services.
In the case of a VPS, suspension may involve a change of state in the virtualization infrastructure, including suspension, shutdown, blocking of operations, access limitation or any other equivalent technical measure.
In the case of IP addresses, subnets, premium IPv6 or other network resources, suspension may involve internal marking as suspended, route withdrawal, usage limitation, blocking of operations or deferring the technical action to a later stage, depending on the type of resource.
During suspension, the Client may still view service information in the panel, but certain operations may be blocked.
Suspension does not entail immediate automatic cancellation nor the immediate release of all resources.
17. Outstanding debt per service
When a service cannot be charged due to a lack of balance, the Manager may record outstanding charges associated with that service.
The debt will be recorded by service, resource, currency, period and amount.
When the Client adds sufficient balance, the Manager may automatically apply the available balance to the outstanding debt, by order of age or in accordance with the internal settlement logic in force.
Partial payment of a debt does not oblige GINERNET to reactivate services if the balance does not cover the minimum amounts required for reactivation.
GINERNET does not ordinarily pursue debts if the Client cancels or lets the service be deleted, but it may keep the necessary accounting, technical and operational records.
If a service is definitively deleted, GINERNET may cancel or forgive the outstanding debt associated with that service, except for fraud, abuse, exceptional costs, harm to third parties, a legal request or a specific agreement.
18. Ordinary reactivation
A service suspended due to insufficient balance may be reactivated when the Client adds enough balance to cover:
- a) outstanding debt for the service or services they wish to keep;
- b) charges accrued during suspension, if applicable;
- c) the minimum balance required to continue the service;
- d) any other payable charge associated with the reactivation.
Reactivation may not be immediate if it requires queues, asynchronous tasks, technical checks, payment verification, manual intervention, state reconciliation or incident resolution.
GINERNET does not guarantee that a suspended service will indefinitely retain its state, data, IPs, routes, configuration or availability if the Client does not reactivate it within the indicated timeframes.
19. Temporary emergency reactivation
The Manager may offer, at GINERNET's discretion, a temporary emergency reactivation to allow the Client to recover data, access services or resolve a one-off lack of balance.
Temporary reactivation, if available, will have a limited duration. Currently it may be up to five days, unless the Manager indicates another timeframe.
Temporary reactivation does not cancel the outstanding debt, does not necessarily stop the accrual of charges and does not entail forgiveness of the amount owed.
GINERNET may limit this feature to once per a given period, for example once every thirty days, and may deny it in cases of abuse, fraud, risk, recurrence, a legal request or a serious breach.
20. Automatic deletion due to prolonged suspension
If a service remains suspended due to insufficient balance for the timeframe indicated in the Manager, it may be automatically deleted.
Unless another timeframe is indicated, services suspended due to insufficient balance may be scheduled for deletion fifteen days after the first suspension for non-payment.
If the Client uses a temporary emergency reactivation, the deletion date may be postponed in accordance with the duration of that reactivation, without this constituting a waiver of the right to delete.
The deletion of a service is irreversible.
Deletion may involve destruction of the VPS, release of IPs, withdrawal of routes, deletion of disks, loss of data, deletion of associated backups, cancellation of configurations, release of resources and definitive loss of access.
The Client is responsible for keeping sufficient balance, downloading their data and acting before the deletion date shown in the panel.
GINERNET will not be liable for data loss resulting from suspension, cancellation, automatic deletion or the Client's lack of balance.
21. Voluntary cancellation of services
The Client may request the cancellation of their services from the Manager when the feature is available.
Voluntary cancellation entails the deletion or release of the affected resources and may be irreversible.
Before confirming a cancellation, the Client must make sure they have downloaded, migrated or backed up any data they wish to keep.
Voluntary cancellation does not create a right to a refund of previously added balance or of charges already accrued.
Cancelling a service may cancel the outstanding debt associated with that service, except for fraud, abuse, exceptional costs, harm caused, a legal request or a specific agreement.
22. Prices and modifications
The Manager's prices may vary depending on the type of service, location, node, node group, currency, contracted resources, traffic, IPs, storage, backups, licenses, promotions, taxes or commissions.
GINERNET may modify prices, rates, consumption rules, resource conditions, service availability, payment methods or billing entities.
Price changes may apply to new contracts and, where appropriate, to existing services with reasonable notice through the panel, email or publication on the Manager.
If the Client does not accept a price modification, they must cancel the affected services before the date the new price takes effect.
Keeping services active after the date the new prices take effect implies acceptance of those prices.
23. Availability and maintenance
GINERNET will make reasonable efforts to maintain the availability of the platform and the services.
However, the Client understands that infrastructure services may be affected by:
- a) scheduled or urgent maintenance;
- b) hardware failures;
- c) software failures;
- d) network incidents;
- e) DDoS attacks;
- f) provider issues;
- g) power outages;
- h) human errors;
- i) security updates;
- j) data center issues;
- k) force majeure;
- l) actions necessary to protect the infrastructure or third parties.
GINERNET may carry out preventive, corrective, urgent or security maintenance without prior authorization from the Client.
Where reasonably possible, GINERNET will inform of scheduled maintenance that may significantly affect the service.
Unless a specific SLA agreement has been contracted in writing, the Manager does not include an availability guarantee, automatic compensation or credit for unavailability.
24. Technical support
Technical support is provided exclusively through the ticketing system integrated into the Manager. GINERNET does not offer support by email, phone, chat, social media or any other channel: any support request must be opened and handled via a ticket in the panel.
Support is provided in accordance with the hours, languages and scope indicated in the Manager.
Included support is limited, unless otherwise indicated, to incidents related to the infrastructure, network, panel, billing and availability of the base service.
It does not include by default system administration, software installation, application debugging, internal VPS security, optimization, migrations, data recovery, advanced configuration, third-party support, forensic analysis, malware cleanup or management of the Client's content.
GINERNET may offer advanced support services or manual intervention at an additional cost.
GINERNET may reject support requests that are abusive, repetitive, out of scope, disrespectful, fraudulent or that involve unlawful activity.
25. Client responsibility for their services
The Client is solely responsible for:
- a) the use of their account;
- b) authorized users;
- c) the operating systems installed;
- d) the software, scripts, panels and applications deployed;
- e) the data hosted;
- f) passwords and SSH keys;
- g) firewall rules;
- h) the internal security of their VPS;
- i) their own backups;
- j) the software licenses they use;
- k) the regulatory compliance of their content and services;
- l) the traffic generated;
- m) the communications sent from their resources;
- n) the activity of third parties accessing their services.
The Client must keep their systems updated, protected and securely configured.
Technical ignorance, lack of use, lack of access, forgetting to cancel a service or failing to review the panel do not exempt the Client from their obligations.
26. Data hosted by the Client
GINERNET does not proactively control the data that the Client hosts on their services.
The Client declares that they have the rights, authorizations, licenses and legal bases necessary to host, process, publish, transmit or store any data, content or software on their services.
If the Client hosts personal data of third parties, they will act as the data controller for that data, and GINERNET may act as data processor to the extent that it provides hosting infrastructure.
The Client is responsible for signing or accepting, where appropriate, the corresponding data processing agreement.
GINERNET will not be responsible for the content, legality, integrity, accuracy, lawfulness or availability of the data hosted by the Client.
27. Backups
Unless the Client expressly contracts a backup service, GINERNET does not guarantee the existence, frequency, retention, restoration or integrity of backups.
The Client is responsible for maintaining their own external, up-to-date and verified backups.
Backups offered by the Manager, if any, may be subject to technical limitations, retention, availability, process errors, corruption, exclusions, surcharges or failures.
The existence of a backup system does not replace the Client's responsibility to keep their own copies.
GINERNET will not be liable for data loss caused by lack of backup, voluntary deletion, suspension, non-payment, automatic deletion, attack, software failure, Client error, malware, data corruption or any cause beyond GINERNET's reasonable control.
28. IP addresses and network resources
IP addresses, subnets, routes, reverse DNS, IPv6 assignments, BGP resources or network resources associated with a service are assigned for the Client's use while the service is active and complies with these terms.
The assignment of an IP does not transfer ownership to the Client.
GINERNET may modify, withdraw, reassign, filter, block or replace IP addresses or network resources for technical, operational, legal, abuse, reputation, maintenance, renumbering, provider change, security or availability reasons.
The Client must use IP addresses in accordance with applicable regulations, network best practices and acceptable use policies.
The Client may not announce, resell, transfer, delegate or assign assigned IP addresses without GINERNET's express authorization.
29. Reverse DNS and network reputation
The Manager may allow the Client to manage PTR or reverse DNS records associated with assigned IP addresses.
The Client is responsible for ensuring that the configured records are correct, lawful, not misleading and do not infringe the rights of third parties.
GINERNET may modify, delete or block PTR records when there are errors, abuse, impersonation, spam, phishing, malware, justified complaints, reputational risk or a breach of these terms.
The Client is responsible for maintaining a good reputation for their IPs and services. GINERNET does not guarantee that an IP is free from prior listings, external blocks, negative reputation or restrictions imposed by third parties.
30. Traffic, bandwidth and fair use
Services may include a certain amount of traffic, bandwidth, speed, port or network capacity.
When the Client exceeds the applicable limits, the Manager may apply additional charges, speed limiting, temporary blocking, suspension, notice, plan change or any other measure indicated in the panel.
Traffic will be measured in accordance with GINERNET's systems or those of its providers. GINERNET's internal measurements will prevail except in the case of manifest error.
The Client may not use the services in a way that degrades, saturates, harms or endangers GINERNET's network, nodes, clients, providers or systems.
31. Acceptable use
The Client undertakes to use the Manager and the services in a lawful, responsible manner and in accordance with these terms.
It is prohibited to use the services for:
- a) sending spam, unsolicited email or abusive bulk communications;
- b) phishing, impersonation, fraud or credential theft;
- c) malware, ransomware, botnets, trojans, viruses or malicious tools;
- d) DDoS, DoS attacks, abusive scanning, brute force or exploitation of vulnerabilities;
- e) hosting, distributing or facilitating unlawful content;
- f) infringing intellectual or industrial property rights;
- g) hosting child sexual abuse material or seriously unlawful content;
- h) unauthorized hacking activities;
- i) sanctions evasion, financial fraud or money laundering;
- j) abusive or unauthorized mining that affects the infrastructure;
- k) proxy, VPN, scraping, crawling or abusive automation services that generate complaints, blocks or reputational risk;
- l) publishing personal data of third parties without a legal basis;
- m) threats, harassment, extortion or criminal activities;
- n) any activity that causes harm, claims, blocks or risk to GINERNET, its clients, providers or third parties.
GINERNET may take immediate measures when it detects or receives reasonable indications of abuse, even without prior notice if the urgency, severity or risk justify it.
32. Measures against abuse
In the event of abuse, technical risk, claims, legal requests, unlawful activity or breach of these terms, GINERNET may:
- a) send notices to the Client;
- b) limit traffic;
- c) block ports;
- d) withdraw routes;
- e) suspend services;
- f) shut down VPS;
- g) block access to the panel;
- h) remove content where technically possible and legally required;
- i) cancel services;
- j) preserve technical evidence;
- k) report information to the competent authorities when there is a legal obligation;
- l) reject new contracts;
- m) terminate the contractual relationship.
Failure to act immediately against an infringement does not imply a waiver by GINERNET of its right to act later.
GINERNET may prioritize the protection of the infrastructure, network, reputation, clients and legal compliance over maintaining the infringing service.
33. Legal requests and authorities
The Manager's technical infrastructure is operated by GINERNET S.L. from Spain, without prejudice to additional locations being offered in the future.
Legal requests relating to infrastructure, IPs, traffic, logs, abuse, technical identification or operational data will be handled in accordance with applicable regulations, official channels and the legal obligations that correspond to GINERNET S.L. as the technical provider of the service.
GINERNET will not disclose Client data to private third parties except on a legal basis, consent, contractual obligation, defense of rights, abuse prevention or a valid request in accordance with applicable regulations.
Requests from authorities, law enforcement, courts, public bodies or equivalent entities must be processed through official channels and with sufficient jurisdiction.
Where legally possible and not prohibited, GINERNET may inform the Client of a request affecting them.
34. Intellectual property and licenses
The Client retains the rights to their content and data.
The Manager, its software, interface, design, brand, documentation, systems, APIs, texts, logos, visual elements and developments belong to GINERNET or its licensors, unless otherwise indicated.
Using the Manager does not grant the Client any intellectual property rights over the platform, code, brands, systems or infrastructure.
The Client is responsible for holding valid licenses for any software they install or use on their services.
35. Security
GINERNET will apply reasonable technical and organizational measures to protect the platform and the infrastructure.
However, no system is completely secure. The Client must apply their own security measures, including updates, hardening, strong passwords, SSH keys, firewall, backups, monitoring and access control.
The Client must immediately report any vulnerability, intrusion, abuse, loss of credentials or incident that may affect the Manager, GINERNET, other clients or third parties.
It is prohibited to carry out penetration testing, aggressive scanning, exploitation of vulnerabilities or unauthorized audits against the infrastructure of GINERNET, the Manager or other clients.
36. Console access, rescue, reinstallations and destructive operations
The Manager may offer features such as console, VNC, rescue, reinstallation, password reset, firewall, shutdown, power-on, reboot, snapshots, restorations or deletion.
The Client understands that some operations are destructive, may cause data loss, irreversible changes, unavailability or alteration of the service.
The Client is responsible for reviewing the panel warnings before performing any operation.
GINERNET will not be liable for losses resulting from operations initiated or confirmed by the Client or by authorized users of their account.
37. Third-party services
The Manager may integrate with external providers, including payment gateways, identity verification providers, email providers, monitoring systems, data centers, network providers, virtualization software, licenses, panels, APIs or auxiliary services.
GINERNET does not control the conditions, availability, fees, blocks, verifications, changes, errors or decisions of those providers.
The use of third-party services may be subject to their own terms, privacy policies and technical requirements.
GINERNET will not be liable for damages, delays, rejections, blocks or unavailability caused by external providers, except to the extent required by law.
The foregoing does not limit GINERNET's responsibilities as data controller when a provider acts as a data processor in matters of data protection.
38. Location of services
Currently, the Manager's technical services are operated mainly from infrastructure located in Spain or the European Union.
GINERNET may offer additional locations in the future, including the United States or other jurisdictions.
When the Client selects a specific location for a service, they accept that the data hosted on that service may be stored, processed or transmitted from that location.
If the Client hosts personal data in a location outside the European Economic Area, they will be responsible for ensuring that such location is appropriate for their use case and for complying with applicable obligations as data controller.
GINERNET may modify locations, nodes or providers for technical, operational, security, availability, maintenance, growth or force majeure reasons, trying to minimize the reasonable impact on the Client.
39. Personal data protection
The processing of personal data is governed by the GINERNET Manager Privacy Policy, which forms part of the applicable contractual framework.
GINERNET S.L. acts as data controller for the data necessary to manage accounts, contracting, billing, support, security, abuse prevention, legal compliance and the operation of the Manager.
When the Client hosts personal data of third parties on their VPS or services, the Client will act as data controller for that data and GINERNET may act as data processor to the extent that it provides hosting infrastructure.
When the Client selects billing in USD, NEURALIA LLC may process certain administrative, fiscal and payment data necessary to issue invoices, manage collections, reconcile accounts and comply with its own legal obligations.
Such processing may involve the communication or international transfer of administrative data to the United States, limited to the purpose of billing and managing payments in USD.
The Client must review and accept the Privacy Policy and, where appropriate, the Data Processing Agreement.
40. Retention of data, logs and records
GINERNET may retain technical records, logs, activity events, IP assignments, accesses, administrative actions, invoices, payments, tickets, communications and other data necessary to:
- a) provide the service;
- b) evidence operations;
- c) prevent fraud and abuse;
- d) resolve incidents;
- e) comply with legal, fiscal and accounting obligations;
- f) attend to requests from authorities;
- g) defend rights and legitimate interests;
- h) ensure network and infrastructure security.
Retention periods may vary depending on the type of data and the applicable obligation.
The deletion of an account or service does not entail the immediate deletion of invoices, accounting records, security logs, abuse evidence, communications or data whose retention is necessary or legally required.
41. Account closure and anonymization
The Client may close their own account from the Manager, on a self-service basis, when the account is empty: no active or suspended services, no assigned IP addresses, no tasks in progress, no top-ups pending payment, no open support tickets, no outstanding debts, and not being the only user with access to another client account. The closure form itself lists any pending items, which the Client must resolve personally before continuing.
The closure is executed immediately after confirmation and is irreversible. Confirmation requires the current password, the second factor if enabled, and express acceptance of the closure conditions.
The account is not physically deleted: it is anonymized. Personal data (name, email, tax details, phone, payment methods, account-verification data and the content of communications) is deleted or replaced with anonymous values, except where retention is necessary due to fraud, abuse, a dispute, a legal obligation, a request from an authority or the defense of claims.
Issued invoices and their PDF documents are kept intact, without anonymization, because tax and commercial regulations require their custody for the legal retention periods. Internal access to those documents is restricted.
Technical and operational records (IP address assignments, balance ledger entries, payment records, activity audit and security logs) are retained associated with the anonymized account, identified only by its username (nic-handle), which is permanent and never reused.
The Client's email address is released after closure: it is no longer associated with personal data in the Manager and can be used to register a new account in the future.
If the account holds available balance when the closure is requested, the Client must expressly accept, through a specific checkbox in the closure form, that they waive that balance and that GINERNET will donate an equivalent amount to REFORESTA.ES, an association dedicated to reforestation, as compensation for the CO2 generated by the servers. There is no balance refund option. Without this express acceptance it is not possible to close an account holding balance.
GINERNET will keep a minimal closure record (date, IP address, accepted terms version, donated amounts and the encrypted email address) as proof of the consent given and for defense against claims, for a period aligned with the invoice retention period.
Anonymized data may temporarily persist in backup copies until their natural rotation, without being restored except for technical necessity, in which case it would be anonymized again.
GINERNET may apply this same closure and anonymization procedure to accounts handled administratively, for example following an erasure request received through support or in the termination scenarios provided for in these terms.
42. Communications
GINERNET may communicate with the Client via email, panel, internal notifications, tickets, notices on the Manager or any other reasonable means.
The Client is responsible for keeping their email up to date and for periodically reviewing the panel.
Communications sent to the registered email or shown on the Manager will be deemed validly made.
GINERNET will not be liable for consequences arising from the Client not reading notices, having an incorrect email, filtering messages as spam or not reviewing the panel.
43. Limitation of liability
To the maximum extent permitted by law, GINERNET will not be liable for:
- a) loss of the Client's data;
- b) loss of profit;
- c) loss of business;
- d) loss of revenue;
- e) loss of reputation;
- f) loss of opportunities;
- g) indirect damages;
- h) consequential damages;
- i) Client configuration errors;
- j) lack of backups;
- k) third-party activity;
- l) attacks;
- m) software installed by the Client;
- n) misuse of credentials;
- o) services the Client forgets to cancel;
- p) balance consumed by active services;
- q) blocks or decisions of external providers;
- r) unavailability not covered by a specific SLA.
Except in cases of willful misconduct, gross negligence or a mandatory legal obligation, GINERNET's total accumulated liability towards the Client for any claim related to the services will be limited to the amount actually paid by the Client to GINERNET for the affected service during the three months prior to the event giving rise to the claim.
This limitation will not affect rights that cannot legally be limited.
44. Indemnity
The Client will hold GINERNET, its directors, employees, providers, affiliated entities and collaborators harmless from claims, sanctions, costs, damages, expenses, fines, fees or liabilities arising from:
- a) unlawful use of the services;
- b) content hosted by the Client;
- c) infringement of third-party rights;
- d) network abuse;
- e) spam, malware, phishing or attacks;
- f) the Client's breach of data protection regulations;
- g) lack of licenses;
- h) use of services by authorized users or third parties with access to the account;
- i) breach of these terms.
45. Suspension or termination by GINERNET
GINERNET may suspend, limit, cancel or terminate the contractual relationship with the Client when they:
- a) breach these terms;
- b) do not maintain sufficient balance;
- c) provide false data;
- d) there is fraud or reasonable suspicion of fraud;
- e) network abuse occurs;
- f) there are legal requests;
- g) the service poses a risk to the infrastructure;
- h) the Client engages in abusive conduct towards support or staff;
- i) there are non-payments, payment disputes, chargebacks or fraudulent claims;
- j) the Client attempts to circumvent restrictions;
- k) GINERNET stops offering a service;
- l) it is necessary for technical, legal, commercial or security reasons.
Termination does not oblige GINERNET to refund balance already consumed or charges accrued, without prejudice to legally mandatory rights.
46. Payment disputes, chargebacks and fraud
If the Client initiates a payment dispute, chargeback, bank claim or unjustified reversal, GINERNET may suspend the account, block services, withdraw balance, cancel pending invoices, require additional verification or terminate the contractual relationship.
Costs arising from chargebacks, bank fees, penalties or fraud may be passed on to the Client where legally appropriate.
GINERNET may deny new contracts to clients with a history of fraud, non-payment, abuse, unjustified disputes or risky behavior.
47. Modification of the terms
GINERNET may modify these Terms and Conditions to adapt them to legal, technical, operational, fiscal, commercial, security, platform or service changes.
When the changes are significant, GINERNET will inform the Client by email, panel or notice on the Manager.
The Client may decline the new terms by ceasing to use the Manager and cancelling their services before the effective date.
Continued use of the Manager after the changes take effect implies acceptance of the new terms.
GINERNET will retain previous versions of the terms when necessary to evidence the contracting.
48. Assignment and subcontracting
The Client may not assign their account, contract, services, IPs or rights derived from the Manager without GINERNET's prior authorization.
GINERNET may subcontract technical providers, data centers, carriers, network providers, software, payment gateways, identity verification providers, support services, processing, security or affiliated entities when necessary to provide the service.
Subcontracting does not exempt GINERNET from its responsibilities as the technical provider under the terms established in this contract.
49. Force majeure
GINERNET will not be liable for breaches, delays, interruptions or damages caused by events beyond its reasonable control, including natural disasters, fires, floods, conflicts, terrorist acts, massive attacks, provider failures, power outages, Internet failures, strikes, government decisions, pandemics, regulatory changes, embargoes, sanctions, data center incidents or any other force majeure event.
50. Partial nullity
If any clause of these terms is declared null, invalid or unenforceable, that clause will be interpreted or limited to the extent necessary for it to be valid, and the rest of the terms will remain in force.
51. Applicable law and jurisdiction
These Terms and Conditions are governed by Spanish law, without prejudice to the mandatory rules that may apply to the Client due to their status as a consumer or under applicable international regulations.
Unless a mandatory rule provides otherwise, the parties submit to the courts and tribunals of Alicante, Spain, for the resolution of any dispute arising from these terms, the Manager or the contracted services.
When the Client acts as a consumer, the jurisdictions and rights that correspond under applicable regulations will apply.
52. Language
These terms may be available in several languages.
In the event of a discrepancy between versions, the Spanish version will prevail, unless applicable regulations require otherwise or GINERNET expressly states the contrary.
53. Complementary documents
These Terms and Conditions are complemented by:
- a) Privacy Policy;
- b) Data Processing Agreement, where appropriate;
- c) Acceptable Use Policy;
- d) Cookies Policy, if applicable;
- e) specific conditions of products or promotions;
- f) conditions shown in the Manager before contracting, topping up balance or activating services.
In the event of a contradiction, the specific conditions of the product or service will prevail for that particular aspect, unless these Terms state otherwise.
54. Specific note on NEURALIA LLC and billing in USD
The Client expressly understands and accepts that NEURALIA LLC may issue full invoices in USD for administrative, fiscal, accounting and operational multi-currency management reasons.
NEURALIA LLC's role is limited to billing, collection, reconciliation and compliance with its own obligations related to USD operations.
NEURALIA LLC does not operate the Manager's technical infrastructure, does not manage the physical servers, is not the operational owner of the network, does not administer the IP addresses, does not provide infrastructure technical support and does not act as a technical reseller of GINERNET.
The existence of an invoice issued by NEURALIA LLC does not change the fact that the Manager's services are technically provided and operated by GINERNET S.L. in accordance with these Terms and Conditions.
55. Final confirmation by the Client
By accepting these Terms and Conditions, the Client declares that:
- a) they have read and understood the content of the contract;
- b) they understand that the Manager works through prepaid balance;
- c) they understand that services are billed primarily by the hour;
- d) they understand that they must cancel the services they no longer wish to consume;
- e) they understand that balance top-ups are non-refundable except for a legal obligation or an error attributable to GINERNET;
- f) they understand that a lack of balance may cause suspension and irreversible deletion of services;
- g) they understand that they are responsible for their data, backups, content, software and use of the platform;
- h) they understand that GINERNET S.L. technically provides and operates the service;
- i) they understand that NEURALIA LLC may issue invoices in USD as an administrative and billing entity;
- j) they agree to comply with these terms and the applicable complementary policies.