Hereinafter, the person contracting the Tehuentec service will be referred to as the «SUBSCRIBER». The use of the contracted service implies the acceptance of each and every one of the following conditions:
1. THIS SERVICE REQUEST is subject to Tehuentec’s acceptance. Such acceptance will be confirmed by the activation of the service.
2. ACCEPTANCE OF SERVICE CONDITIONS: The SUBSCRIBER declares to be aware of and accept the technological conditions of the Service being contracted, as well as its facilities, coverage, and possibilities.
3. CONTRACTUAL TERM: The Contract will be valid for an indefinite period, not being less than the specified duration in the contracted offer*. In the event that the duration is not specified, it shall not be less than 24 months for websites and 6 months for advertising campaigns.
The SUBSCRIBER agrees to receive and pay for the Service from the date of subscription to the respective request. If the SUBSCRIBER decides to terminate the operation after the Service has been connected, they will not have any right to claim a refund of the amount paid for the Service. In order to terminate the Service, the SUBSCRIBER agrees to notify Tehuentec, by any reliable means, no less than thirty (30) days prior to the payment date. The SUBSCRIBER accepts that, in the event of requesting the termination of the Service, as a prior and indispensable condition, they must be up to date with all invoiced amounts up to that date. Otherwise, Tehuentec may reject the request until the outstanding invoices are paid. The connection fee will be applied according to the commercial conditions in force at the time of contracting the service.
4. MODIFICATION OF CONDITIONS. Freedom of prices: Tehuentec reserves the right to modify the conditions regarding the price of the marketed service, billing cycles, additional services, commercial plans, as well as other current and future concepts within the services provided.
5. Tehuentec may limit or remove bonuses.
6. LAW 24.240: In the event that the SUBSCRIBER decides to cancel the Request before receiving the Service, Tehuentec will refund the money paid with a deduction to be determined by Tehuentec as administrative expenses. The revocation faculty provided for in Article 34 of Law 24.240 may be applicable if applicable: The consumer has the right to revoke this commercial transaction (for the acquisition of goods and/or provision of services) within a period of FIVE (5) consecutive days, counted from the date the goods are delivered or the Contract is concluded, whichever occurs last, without any liability. This faculty cannot be waived or renounced. The consumer will notify the provider of such revocation in writing and make the goods available to them. The return costs are borne by the provider. In order to exercise the right of revocation, the SUBSCRIBER must make the goods available to the seller without having used them and keeping them in the same condition in which they were received, and the provider must refund the amounts received to the consumer.
7. CONTENT: The services contracted with TEHUENTEC must be used exclusively for lawful purposes. It is strictly prohibited to use any of the contracted services in violation of any international, national, or provincial law. While using the services contracted with TEHUENTEC, the SUBSCRIBER may not: disclose or transmit illegal, abusive, defamatory, racist, offensive, or any other objectionable information, whether through photographs, texts, banners, or links to external pages, as well as publish, transmit, reproduce, distribute, or exploit any information or software that contains viruses or any other harmful components, unauthorized (pirated) software, infringe intellectual property rights, publish or provide material or resources on hacking, cracking, or any other information that TEHUENTEC deems inappropriate (even if not explicitly mentioned in this document). In this regard, the SUBSCRIBER must consult TEHUENTEC regarding the possibility of adding any type of information that they believe could be objected to by TEHUENTEC before doing so. The lack of response from TEHUENTEC within ten (10) business days from the moment of the formal request will be considered a denial of the request, and the SUBSCRIBER must refrain from publishing. Any use of the system for illegal purposes authorizes TEHUENTEC to suspend the contracted services without prior notice to the SUBSCRIBER.
8. PROGRAMS AND SCRIPTS: In the case of hosting accounts with execution permissions, the SUBSCRIBER can install and run scripts as they see fit. However, TEHUENTEC reserves the right to deactivate, without prior notice to the SUBSCRIBER, any script or software installed by the SUBSCRIBER that affects the normal functioning of the servers and harms other clients hosting sites on the same servers.
9. FILE DISTRIBUTION: Websites whose purpose is file distribution (e.g., photo galleries, MP3s, program libraries for download, etc.) will be evaluated on a case-by-case basis to determine the possibility of hosting them by TEHUENTEC personnel. A site will be considered as such when more than 20% of its content is dedicated to files for distribution (regardless of their nature).
10. DATA LOSS: TEHUENTEC is not responsible for data loss on the server caused by users, failures in our system, or updates on our servers. It is the responsibility of the SUBSCRIBER to maintain a backup of the website and all information stored on TEHUENTEC’s servers. This includes the entire email system. The SUBSCRIBER’s information is considered to be 100% of what they or their delegate have uploaded to the server and what the use of the same system has generated as a result of scripts executed on the server (scripts, databases, emails, images, etc.). If such a situation occurs, TEHUENTEC will request that the SUBSCRIBER recover their information to restore their sites and other contents to operational status. TEHUENTEC is available to advise the SUBSCRIBER on backup policies or data protection measures that best meet their needs (depending on the type of information or data stored with TEHUENTEC).
11. DELAYS IN DOMAIN TRANSFERS: TEHUENTEC is not responsible for delays in domain registrations and DNS transfers caused by third parties or the SUBSCRIBER.
12. CONSUMED TRAFFIC: All hosting plans include a specific amount of monthly traffic. If the SUBSCRIBER exceeds the transfer limit, they will be notified on their Web Site. FTP and POP Mail access will not be suspended. The restriction cannot be lifted. If a site frequently exceeds the consumed traffic, the SUBSCRIBER can request an upgrade to another plan that offers a higher transfer rate to avoid potential service Web blockages. TEHUENTEC does not automatically change the plan as it directly affects the SUBSCRIBER’s billing.
13. PAYMENTS AND DUE DATES: The SUBSCRIBER will have two (2) due dates to make the payment. In case of non-payment within 5 days from the due date, access to the services will be suspended. If payment is not made within 15 days from the due date, TEHUENTEC will permanently suspend the services, resulting in the deletion of all information hosted by the SUBSCRIBER. TEHUENTEC is not liable for any damage caused by this deletion to the SUBSCRIBER. Payment for the service must always be made in advance. The Costs, as identified in the Insertion Order, are due prior to the start of each billing cycle as described in more detail in the Product Terms. If there are Configuration and Setup Costs (as indicated in the Insertion Order), they must be paid in advance along with any outstanding amounts in the first billing cycle.
14. DEFAULT IN PAYMENT: Any amount not paid by its due date will accrue monthly interest of 3%. The subscriber shall bear the payment of all collection expenses related to the debt (including fees, legal costs, and all other judicial and collection expenses) incurred by TEHUENTEC in relation to the enforcement of its rights under this Agreement.
15. NOTIFICATIONS: All written notifications that must be made to TEHUENTEC under the Agreement shall be sent via email to the following address: firstname.lastname@example.org
16. CONFIDENTIALITY: TEHUENTEC shall maintain the confidentiality and security of the information provided by the subscriber for the purpose of service payment, as described in the Data Protection Law. TEHUENTEC undertakes not to send any type of advertising, except upon express acceptance by the subscriber. This excludes any notification regarding price changes, features of the offered services, or other internal notifications between the subscriber and TEHUENTEC.
17. SPAM and bulk email sending: With the growth of the Internet, email abuse is also increasing. People are greatly annoyed by SPAM emails and file complaints with providers. In addition to the illegality of SPAM, there are also technical issues that prevent the mass sending of emails, even if they are requested by users. In this case, TEHUENTEC has appropriate tools that ensure control and proper delivery, as well as the certainty of not harming any other user sharing a server. When a mass email sending occurs, servers that are shared by many users experience an overload on their resources, which can even lead to service disruptions due to the characteristics of the protocol used for email delivery (SMTP). Due to this, TEHUENTEC must take a strict stance regarding SPAM and bulk email sending. The subscriber agrees that in the event of needing to conduct a mass email campaign (cases such as companies with hundreds or thousands of clients), they will communicate with TEHUENTEC to seek advice on the most appropriate technical approach to follow.
18. EARLY TERMINATION OF CONTRACT: I acknowledge and agree that any partial or total discount on the monthly or one-time service fee granted to me by TEHUENTEC, as stated in this service request, is conditional upon my remaining as a TEHUENTEC customer for a period not less than specified in the contracted offer, starting from the service activation date. Therefore, in the event of termination, cancellation, or rescission of this contract, for any reason, within the aforementioned period, I undertake to pay TEHUENTEC an amount equivalent to 100% of the remaining fee for the entire duration of the contract. If termination occurs after the mentioned 24-month period, there will be no mandatory charge unless specified in the service request. In the case where the offer indicates a minimum term of 6 months and the termination, cancellation, or rescission of this contract occurs within the aforementioned period, for any reason, I undertake to pay TEHUENTEC an amount equivalent to 100% of the remaining fee for the entire duration of the contract.
19. SUBSCRIBER’S INFORMATION: The Subscriber shall provide TEHUENTEC with their personal data as requested to complete the Service registration, which will be verified by the personnel designated by TEHUENTEC for administrative purposes.
20. JURISDICTION: Any judicial dispute arising from this contract shall be resolved before the competent ordinary courts of the Province of Mendoza.
© 2022. · Tehuentec