This Order of Service (“SO”) is an integral and substantive part of the General Conditions of Service (“GCS”) of Nominalia (hereinafter, “Nominalia” or “Company”).
The GCS and this SO establish the terms and conditions for the provision to the customer, identified as a user of the hosting service associated with PHP Full Versions hereinafter, “Customer”) of the service called PHP Full Versions (hereinafter, “Service”).
1. Subject
1.1 - In order to activate the PHP Full Versions, the Customer must have previously issued an order related to the hosting product. The PHP Full Versions is in fact a
Service associated with an already active hosting order.
1.2. - Through the PHP Full Versions, Customer may:
- (i) continue to use PHP versions that are no longer supported;
- (ii) manage PHP versions older than the last officially supported one through its control panel.
1.3 - The complete list of supported and no longer supported PHP versions is determined according to the information officially published at the following link:
php.net.
1.4 - The Service is provided “as is”, without warranty of any kind, except those explicitly stated in this SO.
2. Use of the Service and Customer's Responsibilities
2.1 - Without prejudice to the provisions of Article 11 of Nominalia’s GCS, to be understood herein in full, the Client is solely responsible for the following operations:
- (i) evaluating the appropriateness of upgrading its own site/sites to a supported version of PHP;
- (ii) independently managing any necessary updates to the code of the site/sites to make the latter compatible with a supported PHP version;
2.2 - It is also Customer's responsibility to renew the PHP Full Versions prior to expiration. The Customer expressly declares that he/she understands and accepts, assuming any and all responsibility in this regard, that in case of non-renewal of the PHP Full Versions:
- (i) Customer's hosting associated with the PHP Full Versions will be automatically upgraded to the first supported version of PHP;
- (ii) previous PHP versions will no longer be accessible via the PHP Manager function in the Customer's control panel.
2.3 - It is expressly understood that the Company guarantees access to legacy versions of PHP up to and including version 5.6.
3. Limitations of Nominalia's liability
3.1 - Without prejudice to the provisions of Article 16 of Nominalia’s GCS, to be understood herein fully referred to, it is expressly understood that Nominalia will not perform, and therefore cannot be held liable in any way in this regard, the following activities:
- (i) verification and/or support of the proper functioning of the hosted website(s) in case of loss of Service and subsequent upgrade to the first supported version of PHP;
- (ii) verification and/or support of the proper functioning of the hosted website(s) in case of voluntary upgrade of the Customer to a supported PHP version;
- (iii) support for updating the code of the website/websites or the entire hosting account to a supported PHP version.
4. Duration and Termination
4.1 - This SO is effective as of the date of signing and remains in effect for the duration of the contractual period of the Service specified in the commercial offer, unless renewed.
4.2 - Nominalia reserves the right to terminate this SO in case of violation of even a single provision of it by the Customer.
5. Applicable Law and Jurisdiction
5.1 - This SO and all rights and obligations arising hereunder shall be governed by and shall be construed in accordance with Spanish law.
5.2 - Any dispute concerning this SO or arising from this SO or its execution shall be devolved to the exclusive jurisdiction of the Court of Barcelona. In the case of an SO entered into by a consumer, the Court of domicile or residence of the Customer shall have jurisdiction.
6. Referral
6.1 - or all matters not expressly governed by this SO, the
CGS of Nominalia will apply, to which reference is made.