These terms and conditions regulate hiring between Planisys (here in after THE PROVIDER ) and its clients that sign the " Request for Services ".There are no terms and conditions other than those provided here, unless Agree separately between the parties, in writing and signed byBy signing the Service Request "the Client recognizes that he has"Read and accept plainly these Terms and Conditions
TERMS AND CONDITIONS PLANISYS (GENERAL CONDITIONS)
1. Purpose:
1.1. THE PROVIDER will provide THE CLIENT the services specifically described in the "Service Request" that the CLIENT will deliver signed and in which the details of the services contracted and their price The signed delivery of the "Request for Services" implies the reading and acceptance of these Terms and Conditions.
2. Installation: The term of registration or installation of the contracted services, specified in the "Request for Services" shall apply from the moment THE CUSTOMER delivers signed THE PROVIDER said Request to unless it establishes a different term.
3. Conditions of service:
3.1. The service will be provided by THE PROVIDER twenty-four hours a day, 365 days a year, provided that the contract is in force, except for any interruptions that may occur as established in clauses 8, 9 and 10
4. Price and Payment Conditions:
4.1. THE CUSTOMER will pay, in consideration for the services provided by THE PROVIDER , the sums established in the "Service Request." The amounts determined there are free of taxes and charges , current or future, which will be exclusively for the account of the CLIENT.
4.2. If THE CUSTOMER requests additional services or modifications to the service, the price thereof will be agreed together by THE PARTIES in a new "Service Request".
4.3 THE PROVIDER will invoice THE CUSTOMER monthly in advance of the established period. For each month of provision of the Services, THE PROVIDER will send and send to the CUSTOMER an invoice in US dollars that will correspond to the total price of the contracted Services, they must be paid in US dollars or the amount of pesos, or the currency that could replace it in the future, necessary to effectively and truly acquire, net of any commission, expense, fee or tax, the amount of US dollar bills corresponding to the amount of the invoice(s) in US dollars in question, in the free market of the city of Montevideo (Eastern Republic of Uruguay), or failing that, in the city of New York (United States of America). To determine the amount of Legal Tender Currency, the price of the free US dollar, Seller type, published by Banco de la Nación Argentina, or the Uruguayan newspapers El País, El Observador, or, where appropriate, "The Wall Street Journal, will be taken into consideration. ", corresponding to the business day immediately preceding the one on which THE CUSTOMER made the payment. In the case of bank transfer or delivery of values, the price of the day on which the transfer or the corresponding values are credited in the bank account of THE PROVIDER will be considered. If the exchange rate of the US dollar at the time of actual payment varies from that considered by THE PROVIDER when issuing the invoice in dollars, THE PROVIDER will issue the corresponding debit or credit note.
4.4. After fifteen (15) days of receiving the invoices, the charges inThe invoices will be considered definitive and must be paid forthe CLIENT. If there was an error in the billing by partfrom THE PROVIDER, will be issued within sixty (60)days, a credit note for amounts erroneously invoiced.amounts can not be claimed in cash and will be applied to invoicescurrent or future.
4.5. THE PROVIDER will be able to modify the prices every 6 months, these changes will be communicated to the CLIENT in writing, with a prior notice of thirty days (30) upon the entry into force of If during the aforementioned period, THE PARTIES do not reach an agreement on the price of the services, they will be entitled to request the termination of this agreement, irrefutably notifying such decision at least in advance to thirty (30) calendar days.This rescission will not generate, in any case, the right to compensation in favor of the other party.
5.Validity of the Service:
5.1. Duration of the service: The acceptance of the “Service Request” will be carried out through the effective provision of the service, which will be understood to have begun to be provided from the date of delivery of the “Service Request”. Unless the “Service Request” specifies otherwise, the duration of the service will be for a period of twelve (12) months, and the CUSTOMER must clearly communicate its willingness to conclude with 30 (thirty) days prior to the end of the service. the provision of services. If this is not notified, or if all invoices issued to date have not been paid, the validity of the same will be automatically extended indefinitely.
5.2. Early termination: THE PARTIES may definitively discontinue the service by means of reliable notification thirty (30) days in advance, and this discontinuity will not generate, in any case, the right to compensation in favor of the other party.
6.Obligations of the Client:
They will be general obligations of THE CLIENT:
6.1 Pay in full the charge for the services according to the rates valid according to the "Service Request" and the conditions established herein.
6.2. Keep THE PROVIDER unharmed by any
a) Act or omission of THE CUSTOMER and / or its agents, employees or persons for whom legally must respond, which causes damages to third parties arising from the use of the Service or the applications provided by THE PROVIDER.
b) Infringement of intellectual property laws, defamation, slander or other crimes or infractions.
6.3. The use of the services of THE PROVIDER requires a certain level of knowledge in the use of Internet languages, protocols and software.This level of knowledge varies depending on the use of the service. EL CLIENT declares that he / she possesses the necessary knowledge to use the service of THE PROVIDER without his / her collaboration THE CLIENT accepts that it is not the responsibility of THE PROVIDER to provide this knowledge or support outside the services defined by the present.
6.4. THE CUSTOMER declares that it possesses the necessary hardware and software for the use of the contracted services, which are unrelated to the services object of the present.
6.5. Since the servers that are the object of the service may be restarted without prior notice due to technical reasons, the CLIENT must adapt the software and the services installed in such a way that they start automatically after the restart of the service. server.
6.6. THE CUSTOMER must appoint those responsible for the management of the service, being valid for the purpose of providing it, only the communications issued by them.For the above-mentioned purpose, THE CLIENT will inform within three days of delivery of the "Request for Service", the names and surnames, charges, line, cell phone numbers and e-mail address of those responsible.
6.7. In case the service requires the use of Microsoft licenses THE CLIENT must comply with the provisions of the Annex Use of Microsoft Licenses in relation to the licenses involved in the services that you contract the Annex that you declare to accept. Any dispute regarding the use of the licenses, their validity and scope is the exclusive responsibility of the CLIENT, who undertakes to keep THE COMPANY harmless from any claim that the owner of the licenses could do it. The aforementioned licenses will be provided in accordance with what is stated in the "Request for Services". The elimination, modification or concealment of any notice of intellectual property, trademark or other notifications of property contained in the products contracted to THE PROVIDER, as well as the use of reverse engineering techniques, decompilation or disassembly of the products, except in the extent to which said activity is expressly permitted by the applicable legislation.
7. Obligations of the PROVIDER:
They will be general obligations of PROVIDER, ensure :
• Who will provide the Services in strict compliance with the delivery dates and deadlines specified in this agreement and with professionalism,
care and diligence in accordance with market standards.
• That for the successful provision of the Services will use the utmost diligence and expertise in order to select the most qualified and adequate personnel to carry out the specific
tasks included in the "Request for Service".
• Proper provision of services in accordance with the provisions of the "Service Request" herein.
8. Limitation of Guarantees and Liability:
8.1 THE PROVIDER does not guarantee any results or effectiveness due to the specific uses and / or applications made by THE CLIENT of the Equipments provided beyond those stipulated in the eighth clause of the present "Terms and Conditions", unless additional ones are specifically foreseen in the "Request for Services".
8.2. Unless specified, neither party will be liable for any damage suffered by the other or any third party, except for those caused directly by the other's intent. In no case will THE PARTIES be responsible for damages, loss of profits, loss of data and / or information and / or funds in money and / or stored values and / or direct or indirect damages, that may suffer directly, and / or third parties, unless such damages have been caused In the latter case, the liability for those damages will be extended, at most, to two monthly installments of the Service.The protection of the information hosted on the servers under the service contracted is the sole responsibility of the CLIENT, who must carry out the measures that he considers necessary to prevent any event of theft or removal of information that is considered essential for his business, im carrier, secret, or any other irruption or security breach that generates charges at your expense. THE CUSTOMER will keep the PROVIDER unaware of any claim that may occur regarding the obligations mentioned in this clause.
8.3. THE PROVIDER does not exercise any control over the content of the information that crosses the Internet, not being responsible for the contents that THE CLIENT hosts on the servers, their sites or third parties nor the content of the emails. THE PROVIDER will not be responsible for the accuracy or quality of the information obtained through its services, nor the content of the information it hosts / circulates / contains on its servers . THE CUSTOMER is responsible for compliance with the laws relating to the protection of copyright, intellectual property, trademark law, right to privacy, protection of personal data, keeping harmless THE PROVIDER for any claim that may suffer from a violation arising from an act related to the services contracted or to the use thereof by the CLIENT. Before the notification the alleged violation of any of the aforementioned rights or any other rights that affect third parties , THE PROVIDER will eliminate or immediately remove access to the services that infringe them.
8.4. Regarding Internet services provided by THE PROVIDER, this will not be responsible for any claim derived from the content of the information published by THE CLIENT. . that which may incur the transmitted information, will configure an improper use, alien to the PROVIDER, who will not be liable for the damages derived from such illegality, it is understood as illicit information, among others, to any use of any material protected by copyright, trademarks or not, trade secrets, patents or other intellectual property rights, without the proper authorization of the respective authors and owners of the works, as well as the publication of personal data protected by the laws, and / or the distribution of all obscene, defamatory, libelous, pornographic or material that harms the rights of a third party or is contrary to public order. lico, to the laws, to morals and good customs.
8.5. THE PROVIDER owes the contracts with its suppliers in due form and has the necessary levels of services to comply with the obligations assumed herein, without prejudice to this, THE PROVIDER will not be responsible if one, several or all suppliers of equipment, lines, services or information, which is used for the fulfillment of this contract, suspend temporarily or definitively, or totally or partially, such equipment, lines, services or information, when you will make your best efforts to restore services in agreement with THE CLIENT.
8.6.For the case that corresponds according to the nature of the service, THE CUSTOMER declares that:
a) regarding the equipment of your property housed in the THE PROVIDER datacenter will be the sole
responsibility of the maintenance and repair / replacement of the hardware of the same, not being in any case responsibility THE PROVIDER .
b) It assumes exclusivity the risks referred to its equipment and other elements,
during the entry, exit or permanence of the same in the datacenter of THE PROVIDER , not contracting this last any type of responsibility for eventual damages or losses whatever the cause.
c) In case of damage to the THE CLIENT team that could harm the services and / or EL PROVIDER and / or third parties, THE CUSTOMER must correct them in the shortest reasonable time
according to the severity and urgency of the case, in which case THE PROVIDER will be able to suspend the service until the flaw.
9. SLA (Service Level Agreement) :
9.1. THE PROVIDER undertakes to provide a minimum of 99.5 % annual availability per calendar year of the components involved in the contracted service, calculated on 365 days of the year. Failure that affects the availability will not be considered the time during which there is no service due to unforeseeable circumstances or force majeure, nor the periods of interruption of the service that have been notified to the THE CLIENT with a programmed and delivered schedule with the right opportunity, nor the periods of interruption caused by damage to the equipment owned by THE CLIENT and that make the normal delivery of the service impossible.
9.2. If for reasons attributable to the PROVIDER there is a loss of availability, interruptions or suspension of service less than 99.5 % (representing 43.8 cumulative hours per year), the user is entitled to an economic acknowledgment that corresponds to the time when the service has not been available, that THE PROVIDER will credit the following month, excluding cases of loss of availability, interruption or suspension of service, originating in a case fortuitous or in a greater force.
9.3. The responsibility of THE PROVIDER is limited to providing the services in accordance with these "Terms and Conditions"and the "Request for Services", and to grant credits for interruption of services according to the terms mentioned in the previous clause THE PROVIDER will not be subject to any sanction or responsibility any damage and / or damage that may occur to THE CLIENT , its dependents, third parties, assets, operations and / or business, due to or on the occasion of the services contracted by .
9.4 THE CLIENT will be responsible for the care, copying and maintenance (backups) of the data of its servers, demarcating THE PROVIDER of any liability arising from the loss of these, unless THE CLIENT contracts the service of BDEC (Backup of Specific Data in Tape for Historical Archive ) for specific content.
9.5. Since THE PROVIDER will be responsible for the operation of the servers, you can perform full server backups (Snapshots) so that in case of inconvenience you can rehabilitate the server's operation within three (3) days following the interruptive event.
9.6. THE PROVIDER is not responsible for the maintenance of emails or emails hosted on the server, unless the mail archiving service is contracted.
9.7. THE PROVIDER will not provide additional information such as: logs to access the mailboxes, IP addresses, or any information without prior contracting of the service called Mailaudit, which must be requested by "Request for Service" and budgeted for each particular case, taking into account the special circumstances of the same. Unless it is requested previously and specifically in the "Service Request", THE PROVIDER does not store no historical log or audit data.
9.8. In case of detecting any incident in the provision of services, the persons mentioned in subsection 5.6 must communicate this situation: (1) Via the ticketing system provided by THE PROVIDER in the following address https://vims.plansiys.net, (2) By e-mail to soporte@planisys.com (3) By telephone at 011-5278-2211, detailing as completely as possible the situation detected and, if possible, the solution Suggested The response time of the application will be a maximum of 4 (four) hours of receipt, provided that it has been taken between 9 and 6 pm For requests made outside that schedule that are not related with failures of the own services of planisys these will be cataloged as additional hours of managed services and billed at the end of the month to the value specified in the service request, in the case of non-urgent tickets and sent after the established schedule the term begin counting from 9 am on the next business day. The maximum response time will be 18 (eighteen) hours of receipt of the request.
10. Suspension of service:
10.1. THE PROVIDER may make scheduled service suspensions, up to 6 times per year, for a term of up to 5 hours at a time, prior communication via email and / or any means of notification, with a minimum advance of forty-eight (48) hours for the purpose of performing maintenance, repair or other tasks on the equipment and accessories through which the service is provided, both parties agree to coordinate schedules for the purposes of perform the tasks described above. THE PROVIDER can carry out emergency maintenance in case of a fall or defect of the servers, notifying THE CLIENT at the time of the event. Service interruptions will not be computable for the purposes of calculating the SLA.
10.2. For the case that corresponds, according to the nature of the service, reasons for space and / or optimization of the service, THE PROVIDER may relocate the equipment to another site and / or modify the addresses at its discretion. IP assigned to the CUSTOMER, arbitrating the measures available to minimize and, as far as possible, avoid interruptions in the services, not being responsible for any damage, in the case of IP address modification, THE CUSTOMER will make the necessary changes in its services and servers that allow the continuity of the same with the new assigned addresses The damages caused by the delay or lack of execution of said changes are the exclusive responsibility of the CLIENT . THE PROVIDER undertakes to keep the client informed about the performance of such tasks and to notify it with a period of no less than 48 hours.
10.3. In order to perform maintenance tasks on the servers and to be able to perform infrastructure backups, THE PARTIES will agree on a schedule to perform 1 (one) hour of downtime (weekly service down) per 50G of disk space.
10.4. The contracted servers have a processing capacity known by THE CLIENT. THE PARTIES Agree that, faced with the possibility of suffering computer attacks (hacking), or if this ability is seen exceeded by a term greater than 30 (thirty) minutes without being able to determine the source of the increase in consumption, THE PROVIDER, after communicating with THE CLIENT , may pause the team involved until determine the cause of overprocessing
11.Force Majeure:
11.1. Any breach or delay in compliance with the obligations of any of THE PARTIES will not generate liability, if said breach or delay results from the fortuitous event or force majeure, understood by them, acts or acts of government, facts of nature, or any other similar circumstance, including but not limited to, actions or failures of any of its users, catastrophes, fires, prohibitions or government regulations, viruses that do not result from the acts or omissions of some of the parties , its employees or agents, national emergencies, insurrections, riots or wars, strikes, closures, interruption of work or other labor difficulties. THE PARTIES undertake to act with diligence to correct said force majeure in the minor possible time.
11.2. In case of delay of THE CLIENT in the fulfillment of any of its payment obligations, which will occur automatically, the sums owed will accrue an interest equivalent to that received by the Argentine National Bank for the operations of discount of documents to 30 consecutive days (the "Active Rate" of the National Bank), with more than 50 % on the mentioned monthly rate on debit balances, from the expiration and until its effective cancellation. Said interest will be invoiced in the following period from the day immediately following the expiration of the respective payment term and until the date of effective cancellation of the obligation If the delay of the CLIENT in the payment of their invoices is extended for a period of more than two billing periods, whatever the concept attributed to these debts, THE PROVIDER may permanently interrupt the provision of services or to resolve without further provision of the same, being for this case the automatic default, without the need for prior interpellation, being entitled to demand the payment of the debt plus the corresponding repairs. The suspension will last until the full and complete payment by THE CLIENT of what is owed to THE PROVIDER and will not generate any right to claim by THE CLIENT for the eventualities that could arise as a consequence of the suspension of the service.
11.3.The reconnection of interrupted services due to non-payment must pay a fine of twenty percent (20 %) of the last invoiced monthly charge, which must be paid before the services are reconnected. THE CLIENT will reimburse THE PROVIDER for all expenses incurred to manage the collection, including attorneys fees and court costs.
12.Use Policies:
12.1. THE CLIENT undertakes to use the Service within reasonability criteria, only for lawful purposes and in accordance with the provisions of this document and the "Service Request". THE CLIENT will refrain from using the services and / or products provided by THE PROVIDER for applications or situations in which the failure of them may cause death, personal injury to persons, as well as damage serious physical or environmental
12.2 The massive and indiscriminate sending of electronic mail (spam) is absolutely forbidden, regardless of its content.The use of the system presupposes that the consent of the holders of the data in the lists is available. or databases of which THE CUSTOMER is used to direct its communication, in case of complaint by sending spam , THE CLIENT will be exclusively responsible for the violation of privacy and for having obtained such personal data without the consent of the owner.
12.3. Failure by the THE CLIENT, of any clause relating to these "Terms and Conditions", as well as the rest of the conditions set forth herein, will empower the PROVIDER to immediately suspend the service, notifying EL CLIENT , who must correct their behavior so that the service can be restored. breach by THE CLIENT within a period of 3 (three) days, such failure will authorize the PROVIDER to terminate immediately the provision of the service, enabling it to claim the damages and corresponding damages.
12.4. The CUSTOMER will notify its users, employees, dependents and final clients about the fulfillment of what is theirs of these Terms and Conditions, and can not in any case claim lack of knowledge on the part of of some of them.
13.Confidentiality:
13.1. Each PART is obligated to protect the confidentiality of the Confidential Information of the other in the same way that it protects its own confidential information of a similar nature, but under no circumstances will it act below the standards of due diligence. and prudence to protect said Confidential Information Confidential Information should not be divulged to third parties and within each of the PARTIES will only be known by the partners, employees and advisors linked to the execution of the contract. The PARTIES agree not to use the Confidential Information except for the purposes of this contract, except that such Confidential Information has been transformed from the public domain by an act that is not of the recipient of the Confidential Information or that The recipient can demonstrate that it has become aware of it independently before the date of this contract.The recipient of the Confidential Information must make every effort to ensure that its employees and partners to whom the Confidential Information is disclosed, take necessary precautions. to safeguard and preserve the confidentiality and confidentiality of Confidential Information The breach by the receiving party of the confidentiality obligations established in this contract, will entitle the disclosing party to request the corresponding compensation for damages. Upon termination of the service, the party that has received Confidential Information agrees to return to the disclosing party all the material provided by the latter, as well as all copies made, except for a copy of the Confidential Information that the recipient may In any case, the commitment of confidentiality will remain at the expiration of this contract for a period of 3 years, or until that information, by other means, becomes public domain, whichever occurs first.
14. Independence:
14.1. It is recorded that THE PARTIES are independent contractors and that there is no solidarity or corporate relationship between them, nor will any of the parties be liable for any personnel that may intervene in the provision and / or use of the services that will be provided by virtue of this, whatever form of contracting is adopted for it, having to give effective fulfillment to all the labor, social security, ART, union and tax obligations as applicable. the PARTIES are obliged to keep the other unharmed for any claim they may suffer derived from such labor relations that are totally alien to them.
15.Jurisdiction and Applicable Law::
15.1. All notifications that must be made under this Contract must be in writing, and no change or modification of this Agreement will be valid or enforceable unless it is implemented in writing and if it is not signed by both PARTIES.
15.2.For all purposes derived from this, the parties expressly submit to the jurisdiction of the Ordinary Courts of First Instance in the Commercial Area of the Federal Capital, waiving any other jurisdiction or jurisdiction that may correspond, the parties constitute legal addresses in: THE CLIENT: in the one indicated in the "Request for Services" and THE PROVIDER in Av. Álvarez Thomas 198 floor 3, office "L" - CABA - CP: 1417 , where all communications will be considered valid.
Of the services provided by THE PROVIDER
1. Specific services of added value:
1.2 The Specific value-added services are provided under the managed mode, or managed services, exclusively under the use of Linux operating systems.
1.3 The managed mode consists in providing resources configured from the THE PROVIDER 's own infrastructure, in order to provide the final service contracted, which resources are made available to the extent necessary to ensure the availability of the services. In this case, THE CLIENT does not have access to the configuration or management of these resources.
1.4 The unmanaged modality implies that the services provided by THE PROVIDER are limited to guaranteeing the integrity and functioning of the hardware where the VPS is located, the connectivity to the Internet and the provision of the electric power necessary for the operation The operation or administration of the VPS is done exclusively by THE CLIENT , who has exclusive Administrator access to them.
2. Bandwidth:
2.1. Unless otherwise specified in the "Service Request" the contracted services will use the bandwidth that THE PROVIDER at its discretion assign for that service called ABR, (Regular Bandwidth) The services that expressly in the "Request for Services" require a certain bandwidth, will be provided under the following conditions:
If a specific bandwidth consumption is agreed upon, this will be recorded in the "Service Request" and will be referred to as base bandwidth (ABB) .The ABB will be offered in two modalities at the CUSTOMER's choice : (1) "ABB FIXED" consisting of a fixed and constant bandwidth without permission of surplus consumptions to the contracted bandwidth; (2) "ABB FLEX" in a minimum bandwidth and authorization to make surplus consumption peaks at the minimum hired ABB The authorized consumption peaks will be specified in the "Service Request." In case of exceeding the established limit of excess consumption, EL PROVIDER may limit consumption to ABB values.
2.2.Consumptions by ABB will be billed monthly in advance along with the service subscription, The consumption of bandwidth generated above the ABB will be billed as excess charge per megabit according to the sample taken at the end of each month and will be included in the invoice of the following month, using the following calculation: Planisys uses the 95th percentile measurement rule to calculate the excess bandwidth used above the ABB.This rule consists in collecting, every 5 minutes and 24 × 7, the traffic values generated from the PUBLIC IP addresses assigned to the client, considering the monthly invoicing period, 5% of the values that register the highest traffic are discarded and with the remaining values the surplus bandwidth is determined, with respect to the contracted ABB. This calculation allows 36 monthly hours of peak traffic, which will not be taken as surplus.
Surplus charge = Excess bandwidth used X extra value per excess Mbps used .
2.3. THE CUSTOMER will notify THE PROVIDER of any operation that may require resources outside the parameters considered in clause 2.2 and 2.3 in order to avoid performance inconvenience. or provision of own or third-party services as well as the suspensions or charges provided in said clauses.