General conditions of contracting ACV System's services

This agreement regulates the general contracting conditions for the various services provided on this website, and specified in the annexes to this contract, through its website www.acvsystem.com, so that the user, at the time he/she completes the registration process and contracts any service through this website, the business telephone number or via email [email protected], expressly accepts and submits to the clauses specified below.

All ACV System's general contracting agreements are accessible and permanently available on our website www.acvsystem.com at the bottom of the web page, under the Legal Links link, with an indication of the last update date.

CONTRACTING PARTIES

This contract is entered into by means of the website www.acvsystem.com, on the one hand, the commercial company acv sysemtem sas, hereinafter ACV System, with address at carrera 110a # 140 35, with NIT 900877816

And on the other hand, the CLIENT, whose data is provided to us through the forms that ACV System makes available through this website or its control panel, in order to proceed with the contracting of the service freely chosen and specified in the annex to this document. The CLIENT declares that the data provided are true, truthful, valid and that he/she provides them by him/herself, and that he/she is not a minor.

Clauses

FIRST: DEFINITIONS

ACV System: a duly constituted company, dedicated to the provision of telematic services, basically specialized in web hosting and domain name registration, and which complies with all the legal requirements necessary to carry out the activity object of this contract.
Client and/or holder of the hosting: any natural or legal person who has a domain name owned by him/her or by a duly authorized third party who, interested in contracting ACV System's services, free or onerous, fills out the contracting form to obtain any service offered by ACV System through its web www.acvsystem.com and who appears as one of the contracting parties. In any case, it is the natural or legal person in whose name the invoice with the contracted services is issued.
Reseller: Individual or legal entity that subcontracts ACV System's services on its own behalf, but for the provision of services to third parties (hosting, domain registration, IT, etc.). Any person or entity that contracts a hosting service on behalf of third parties is obliged to inform them of their rights and obligations with respect to the contracted service. Also, it will be obliged to comply with each of the legal obligations that affect it, especially those relating to the Law on Protection of Personal Data. ACV System is exonerated from any responsibility derived from the commercial relationship between the reseller and its client.
Contract: These are the general contracting conditions that contain all the clauses contained in this document, as well as any additional information on the particular web hosting service chosen by the customer, which is expressly updated on the website www.acvsystem.com, and which is always available for consultation, indicating the last update date.
Domain name: set of characters that identifies a site on the Internet with an address (IP).
IP (Internet Protocol): set of rules that regulate the transmission of data over the network.
Services: Services offered on this website, and specified in the annex to this contract.
Hosting: The hosting services described in this contract are offered through a shared hosting system in ACV System's servers, that is to say, several web pages of different clients are hosted in the same server, where the client's domain name is located and where the resources and applications of the services offered by ACV System are managed and which are included in this contract.
Servers: Computer devices where the data and information managed by the CLIENT through its web page are hosted and stored by means of the hosting service offered by ACV System.
Resources and Applications: Technical and computer programming features that allow the management of the different services contracted by the CLIENT.
Login and password: Computer security systems that allow the identification, authentication and verification of the CLIENT's person, for the access to the contracted services in a safe and reliable way. They allow the access to the Control Panel via web and the request of help and information about the contracted service through ACV System's hotline, support tickets or e-mail.
Control panel: tool provided by ACV System that is awarded to each CLIENT for the management of resources and applications available to the contracted service, as well as other additional services or extensions, consult your billing information, make requests so that each order causes the technical and administrative actions necessary for the development of the required action. These requests will be reflected in ACV System's internal management system.

SECOND: OBJECT

The purpose of this agreement is the contracting and acceptance by the CLIENT of the Internet service or services offered on this website by ACV System indicated below under the terms and conditions set forth in the clauses of this document.

Services:

Alpha Centaury Hosting
Hosting Nebulosa
Hosting Espacio Infinito
Hosting Reseller 1 or Reseller Entrepreneur
Reseller 2 or Reseller Plus Hosting
Reseller 3 or Ultra Reseller Hosting
Reseller Hosting 3 Promotion
The characteristics of each of our services, as well as the price to be paid for them, are specified on our website www.acvsystem.com. The CUSTOMER has the right to make extensions or changes of plans, and these will be governed by the provisions of paragraph D of the fourth clause of this contract.

The present contract shall apply to other hosting services that ACV System may offer in the future on its website, even though they are not included in the present clause. As far as possible, these services will be specified in the annexes of the present contract. The incorporation of new services will in no case imply the modification of the substantial parts of the same, not being a cause for termination of the same.

The modifications suffered in each hosting shall be governed by the provisions of the fifth clause of this contract. In any case, any change affecting the shared hosting plans or affecting the provisions of this contract shall be deemed to be notified with the publication of such changes on the website www.acvsystem.com. Notwithstanding the foregoing, and to the extent possible, ACV System may notify these changes via email.

THIRD: OBJECT

Price: In consideration for the contracted services, the CUSTOMER expressly agrees to pay ACV System the amounts specified at that time in the price list established on the website www.acvsystem.com for the corresponding requested service.
ACV System reserves the right to make changes in its price rates. Such changes will never affect the services contracted prior to the price modification, and will always be communicated to the CUSTOMER at least 30 days before the end of the contract, reserving the CUSTOMER the right not to renew the contracted services, and without generating any compensation for both parties.
Conditions:
The free services are subject to the conditions indicated on this website for their use.
Payment must always be made prior to the provision of the service, so ACV System will not provide the requested service until it has received payment for it.
Service requests made by wire transfer that are not paid within 2 days will be cancelled.
ACV System reserves the right to temporarily or permanently cancel the services provided, in the event of any incident regarding the collection of the same, regardless of the payment method applied (annual, monthly, quarterly or half-yearly), until the resolution of the non-payment, regardless of whether it is not attributable to the CUSTOMER. ACV System, ten (10) calendar days before the cancellation of the services provided, will communicate this circumstance to the CLIENT so that he/she can take the necessary measures before the cancellation of the service (backup copies, etc.). ACV System is exonerated for any consequence derived from the cancellation of the services due to the non-payment of the same.
In cases of deactivation of a service for non-payment, all data associated with it will be deleted. If the CUSTOMER re-hires the service, all the data must be re-registered. The recovery of any of the previous data, in case it is possible, must be requested to the technical department of ACV System, previous payment of the price of this service, which is $ 95525 (Colombian pesos).
In the case of return of bank receipts for reasons not attributable to ACV System, the CLIENT will have to pay a surcharge of $15000 (Colombian Pesos) for the bank charges incurred by the return and the administration and management costs. The payment of this surcharge will be an indispensable condition for the resumption of the services in case of temporary cancellation of the same.
In any case, the customer who appears as such in the registration form on the website www.acvsystem.com is responsible for the payment of invoices even if a third party intervenes on behalf of the customer, so that the responsibility for providing authentication data to a third party is solely and exclusively the customer.
ACV System will issue the corresponding invoice with the detail of all the concepts that make up the invoice. The CLIENT will receive the invoices issued by ACV System telematically by e-mail and through its Control Panel, to which it will have access through its Login and password.
Additionally, once the services are active, the invoice will be sent by e-mail to the address provided by the CUSTOMER as billing contact.
In the event that the CUSTOMER exceeds the contracted monthly amount of data transfer by 100 %, the service will go into restricted mode up to 110 % of the contracted amount (10 % courtesy of ACV System). Upon reaching 110 % of the contracted transfer, the service may be deactivated, in order to avoid over-consumption.
The CUSTOMER is solely responsible for making the necessary backups to prevent the loss of the hosting service files. ACV System performs temporary backups of the contents of the hosting services, however, it is not responsible for the loss or accidental deletion of data. In the same way that does not guarantee the total replacement of the same due to the fact that between the last copy and the deletion, the data may have changed. The contracted hosting service does not include the price of replacement of the contents saved through the backup copies made by ACV System. The cost of the data replacement service shall be borne by the CUSTOMER when the loss of the content is attributable to him/her.
The customer consents that telephone conversations with ACV System may be recorded in order to improve the quality of services and security in the provision of the same.
ACV System will not provide functional or technical support beyond the support already offered with the contracted hosting service. In the case of incidents due to causes attributable to the CUSTOMER due to culpable actions that involve a breach of this contract, the assistance may involve an additional cost depending on what is determined in the technical interventions service. ACV System will not provide assistance in everything related to the development of the CLIENT's website, programming and database; the CLIENT assumes that he/she has the necessary knowledge to enjoy the contracted service.
Form of payment:
Payment in compensation for the services will be as indicated at the time of contracting on the web site
The CUSTOMER must pay the amount corresponding to the contracted service through the payment methods that are established as available on the website www.acvsystem.com. The CUSTOMERS with a certain history of non-payment in ACV System -considering non-payment any return of a charge made by ACV System- will only have at their disposal certain specific payment methods for new contracts as well as for the renewal of their services. This limitation in the payment methods may have a transitory character until the CUSTOMER solves the anomalous situation or a permanent character, even if the situation is solved, if the CUSTOMER has a continuous history of non-payment. Likewise, in the event of any conduct likely to constitute an unlawful act or the contracting of certain services or the introduction of inconsistent data by the CLIENT, ACV System reserves the right to offer only certain methods of payment.
Payment for services is generally made in a single annual fee; however, for certain services, the annual fee may be divided into monthly, quarterly and half-yearly payments. The payment methods are indicated on the web page according to the services contracted.
Payment for additional services, if any, will be billed separately from the price of the chosen service, and will be paid monthly. The non-payment of the additional services will entitle ACV System to cancel the main services contracted, until the resolution of the non-payment, regardless of whether it is not attributable to the CLIENT.
The payment of the services will always be paid in advance, except for the conditions of payment in installments, through bank transfer to the account that will be indicated if you choose this option, by credit card that the CUSTOMER wants to use in the payment gateway of the bank, by payment of the PayPal system, and certain services may be paid by bank receipt. The conditions will be those indicated when this payment method is chosen. The bank refund for reasons not attributable to ACV System will involve the payment by the CUSTOMER of a surcharge for bank charges and the costs of administration and management of the return.
Payments made through PayPal have a surcharge of 3.9% plus S/1 as commission surcharge compared to other payment systems. ACV System makes available to the customer other payment methods without surcharge, PayPal being an optional and voluntary payment system.
The payment by card in the payment gateway will not entail any type of commission for both debit and credit cards, we accept different types of cards such as Visa, Mastercard, etc.
The totality of the bank charges of the transfers issued in favor of ACV System, for the payment of contracted services, will always be charged to the person ordering the transfer, generally, the CUSTOMER. ACV System reserves the right not to activate the contracted service in the case of not having received the full amount of the contracted service.
The CLIENT must duly inform the concept of the deposit in the case of transfers, otherwise ACV System will not be able to carry out any management until this payment is duly credited.

FOURTH: START-UP, DURATION, RENEWALS, PROMOTIONS AND PLAN CHANGES

Beginning: The present contract will be perfected when ACV System receives the payment of the service selected by the CLIENT, moment in which it will begin the provision of the requested service, which will be confirmed by e-mail at the address indicated by the CLIENT, within 24 hours from the confirmation of the payment of the contracted services.
Duration: The contract has a duration indicated in the terms of service, although it will generally be annual.
Promotions: ACV System is committed to offer promotions where free domains are given, however the customer must request it as soon as the order is placed or request it within a period not exceeding 7 days in the case of a reseller promotion. The cost of the promotions are not subject to change, depending on the type of campaign. If the client does not renew the promotion package when it is stipulated after 7 days, he loses the right to it, and will be changed to a promotion of the same plan if there is any or to the plan without promotion.
Renewal: This agreement shall be tacitly renewed for identical periods to those contemplated in this agreement, unless the CUSTOMER states in writing 30 days prior to its termination its desire not to renew. The renewal will become effective at the moment ACV System receives payment for the renewed service. Once the renewal of the service takes place without any manifestation against it by the CLIENT, in no case will there be a refund of the amount paid for it. In the event that the CUSTOMER has notified its intention not to renew, the CUSTOMER assumes that it must proceed to make the transfers, backups or renewals of the service before its expiration date to avoid unexpected consequences. If the client does not renew in its cut-off date after that, he/she will have to pay a fine of S/50 for the storage of his/her backup to be restored in a period no longer than 7 days. If the client does not manifest his/her intention within 14 days, we will proceed to eliminate the hosting account in its totality without the right to claim a backup of his/her site.
The price and payment conditions for the renewal shall be governed in the same manner and conditions as those specified in the present contract. However, ACV System reserves the right to modify the rates stipulated in this contract, circumstance that will be communicated to the CUSTOMER with a minimum notice of 30 days, with the objective that, if desired, the CUSTOMER may terminate this agreement at the end of the same, and without generating any compensation for both parties for the termination of the contract.

At each renewal, a copy of the contract will not be sent through the link, and the contract published on the website www.acvsystem.com, which contains the most current version, will always be considered valid.

Change of plans: The CUSTOMER may request ACV System to contract new services or changes to the ones contracted, being these subject to the provisions regulated in this contract and being billed according to the prices stipulated in the web page www.acvsystem.com for the requested service. The extensions or changes of services must be made through the control panel or through the commercial attention service.
Changes to plans lower than those contracted will not entitle the customer to a refund of the amounts paid for the service with the higher contracted characteristics, as it implies an early unilateral termination of the previously contracted service.

Changes to superior plans in terms of features, resources and applications will generate a rectifying invoice in favor of the CUSTOMER, for the amount paid and not consumed, which will be discounted from the price of the new service.

Cancellations: In the event that the CLIENT cancels in advance the contracted service 30 days after the first contracting, he/she will not be entitled to a refund for the amount paid. The CLIENT will only be entitled to a credit for the amount of the unused service, in the event that he/she makes any extension or change with respect to the contracted service of greater amount, in which case it will be discounted from the price of the new service. In no case will be refunded the disbursements in concept of domain registration, registration fees, expenses of technical service consultancies, nor for any other service that, by its own nature, is impossible to carry out, for having already been enjoyed by the client or for having breached the terms of this contract.
The cancellations of the services will be effective the day the CUSTOMER requests it through the website or the day he/she indicates us if he/she contacts our company directly, so the CUSTOMER must take the precaution of making copies of the contents hosted on our servers, being exonerated ACV System of any loss of information, once this contract is terminated. If there is a loss of information, once the contract is terminated, for reasons attributable to the CUSTOMER, the recovery of this, if possible, would involve the payment of an economic consideration to be determined according to the time invested in performing this task.
All renewals, plan changes and cancellations can only be made by the CUSTOMER, or a person sufficiently authorized by the CUSTOMER. Changes made by domain owners or similar will not be attended if they are not registered as ACV System CUSTOMERS, regardless of the fact that the hosting is based on a domain of their ownership.
Satisfaction Guarantee: The CUSTOMER, without prejudice to the provisions of clause FIFTH, shall have a term of thirty (5) calendar days from the date of activation of the hosting service to terminate this contract without incurring any penalty, except for registration fees, technical service consulting fees, domain registration or any other service that, by its nature, cannot be refunded, because it has already been enjoyed or because the CUSTOMER has failed to comply with the terms of this contract. This guarantee period shall not apply to contract renewals. The cancellation request must be made via your customer area.
Any request outside the guarantee period referred to in this paragraph shall be subject to the 5th point (Cancellations) of the fourth provision of this contract.

FIFTH: RIGHT OF WITHDRAWAL

The CUSTOMER has the right to withdraw from this contract within 5 calendar days with valid justification and the right to reimbursement. If the CUSTOMER requests a refund outside these days of guarantee will not proceed.

The withdrawal period with guarantee shall expire 5 calendar days after the day of the conclusion of the contract.

To exercise the right of withdrawal, you must notify us through your customer area, your decision to withdraw from the service through a statement sent by that person or person responsible for legal entity, and justifying their problems with the service, being duly accredited the latter. You may use the model form below, although its use is not mandatory. If the problems presented are not valid, are solved because they are of a configuration nature, or are due to an external problem of the server, we will not proceed with the cancellation of the service, and therefore no refund can be issued.

In order to meet the withdrawal deadline, it is sufficient that the communication concerning your exercise of this right is sent before the expiration of the withdrawal period.

Consequences of withdrawal:

In case of cancellation on your part, we will refund all payments received on your part, if it is within the 5 days of guarantee, accessing the right to reimbursement of the hosting or hosting reseller service. If you have taken a promotion, and it included a free domain, the amount to be refunded will be less S/75 or $40USD corresponding to the domain registration if it is a .com extension and will not be refunded S/150 or $60 USD if it is a .pe or .com.pe. .co .ec .cl extension.

We will proceed to make such reimbursement using the same means of payment used by you for the initial transaction, unless this is technically impossible; in any case, you will not incur any charges as a result of the reimbursement.

SIXTH: MODIFICATIONS

ACV System reserves the right to modify in any way the characteristics and conditions of its services, always with the aim of improving them and that this will be of benefit to the CUSTOMER.
The modifications adopted for the benefit and improvement of the services provided to the CUSTOMER, in the event that a minority of them consider themselves harmed, the benefit to the greater number of CUSTOMERS in accordance with the modifications shall prevail.
ACV System will communicate to the CLIENT any modification or change in its services, reserving the CLIENT the possibility to terminate the contract, within 15 days from the communication, if he/she does not agree with the changes to be made. After the stipulated term, ACV System will understand that the CLIENT accepts the changes.
In the event that the CUSTOMER does not agree with the modifications communicated by ACV System and decides to terminate the contract, the CUSTOMER shall comply with the obligations assumed prior to the termination.
ACV System understands that the mere publication on our website of the modifications that affect the contracted services implies the notification of the same to the CLIENT. However, as far as possible, ACV System will try to notify individually to its clients the modifications made.
ACV System reserves the right to install on its servers the most appropriate versions at any given time, with the sole purpose of guaranteeing the provision and security of the services.
ACV System reserves the right to block or remove, temporarily or permanently, without prior notice to the CUSTOMER, one or more configuration parameters in the Control Panel if a risk or vulnerability of the hosting service is detected that could jeopardize the integrity of the data or the service itself.

SEVENTH: ACV System OBLIGATIONS

To render the contracted services under its sole responsibility and with the utmost diligence, complying with the conditions and technical specifications contained in this document and its annexes.
To take care of the maintenance of the facilities necessary for the operation of the network, for which purpose it has the appropriate technical and computer equipment.
Additional services, such as the acquisition of domain names, or any other services that may be agreed upon by both parties, shall be specified separately in separate proposals and shall require mutual acceptance.
Deliver to the CLIENT all the technical and functional information necessary for the development of the hosting of the contracted web page.
Offer the customer an indemnity on his next invoice in case of server downtime, maintenance or external difficulties.
Provide an explanation if the above case occurs.
Comply with all obligations arising from this contract.

 
EIGHTH: OBLIGATIONS OF THE CUSTOMER

Comply with all obligations arising from this contract, in particular, those related to the price and payment conditions stipulated.
When the service requires it, to have a generic or territorial top-level domain name, owned or authorized by third parties, which must be hosted on ACV System's servers.
Use the contracted service in good faith, without violating the laws in force in any matter or infringing the rights of third parties, including in their professional activities.
Adequately maintain the necessary IT devices to guarantee an efficient use of the service provided, exonerating ACV System from any responsibility regarding the performance of the CLIENT's IT equipment.
Make good use of the connections, committing to avoid any action that may damage the systems, equipment or services directly or indirectly accessible by ACV System.
Keep a backup copy of the files in the hosting services or on your premises in order to replace them if necessary.
To control the size of the transfers made in order not to exceed the contracted size, as well as to make an equitable use of the service according to the contracted characteristics. If ACV System detects an abusive use of the service that implies a slowdown or a deficient functioning of the server, in a way that harms third parties that share the server, it will have the power to interrupt the service contracted with the CLIENT temporarily, and if the CLIENT does not solve the problem, totally. In any case ACV System will warn the CUSTOMER sufficiently in advance of these circumstances to take appropriate measures to avoid loss of information.
The mail service limits are set by the e-mail account and are as follows:
Main folder space: the customer can decide the size of his mailbox as long as it does not exceed the total space contracted for his hosting.
Number of emails sent per day: there is a limit of 100 messages sent per day/basic account. If you wish to send more emails because there are users who have distribution lists, you can consult with us about the options in this regard and which products are suitable for this purpose. In the event that there are users who use other systems, they should contact the Technical Department, who will study the specific case.
Emptying of the trash: For a better efficiency of the space of the mail servers, the emails that are in the folder SPAM (JUNK) will be eliminated from the seventh day of antiquity in an automatic way, the client must verify in this lapse of time if something was catalogued as not wished mail and return it to the main folder.
To be responsible for the content of its website and email, as well as for the information transmitted and stored and the hyperlinks contained therein. The CLIENT is solely responsible for the claims of third parties regarding its website and email, and for all legal actions that may result from the publication and use of its website, being ACV System exonerated from any liability.
The CLIENT is solely responsible for compliance with the legal obligations resulting from the use of its website and e-mail, such as intellectual and industrial property laws, personal data protection, information services and electronic commerce, consumer rights, protection of minors, public order, Internet uses and any other that must be complied with.
The CUSTOMER shall indemnify ACV System for the expenses incurred as a result of any charge attributable to the CUSTOMER, including attorneys' fees and expenses, even in the event of a non-final court decision.
Not to access, modify, visualize the configuration, structure and files of ACV System's servers, by the CLIENT or third parties not authorized by ACV System. Any incidence that may occur in the servers and security systems of ACV System as a direct consequence of a fraudulent action of the CLIENT, the CLIENT will respond for the civil and penal responsibility that may correspond to him/her.
Use, keep and protect properly the user name and password to access our control panel, being their sole responsibility. The use and communication of the same by the CLIENT or third parties shall be under the sole responsibility of the CLIENT.
The CUSTOMER agrees to have good behavior, appropriate language and abide by the instructions of the staff. In case of any inappropriate behavior and insistence, the customer will be considered a CUSTOMER NOT GRATEFUL, leading to the suspension of the service.
The hosting must be subject to a domain name or subdomain of which the CUSTOMER must be the owner or have authorization for its use.
The CLIENT will be exclusively responsible for keeping the e-mail address provided in the contracting form operative, active and updated for communications with ACV System and has the obligation to inform ACV System of any modification of his/her data, being ACV System exonerated from any responsibility derived from this circumstance.
The customer is responsible for checking that the characteristics of the product meet his needs, and acknowledges that he has been duly informed by ACV System.
The CUSTOMER undertakes to follow the elementary rules of respect in the dialogue in its communications with ACV System.
With the acceptance of this contract, the CUSTOMER expressly consents to the sending of invoices related to the provision of the service through telematic means.
The CLIENT is responsible for the veracity of his data, committing himself not to enter false data and to proceed to rectify them if necessary. ACV System puts at the disposal of the CLIENT all the means so that he/she can proceed to modify them. The CLIENT declares that when he/she does not introduce his/her personal data, but those of a third party, he/she is authorized by the latter to introduce them.
THE CUSTOMER will use his hosting correctly and will not upload prohibited content to it, if he does it will be reason for suspension or termination of the service. The following is understood as prohibited content:
1-. Do not provide free hosting (for reseller users).
2-. High traffic news website and non-permitted e-commerce website, with more than 3 million visits per month (consult which are the non-permitted businesses).
3-. Spam/threat website
4-. phishing website
5-. e-mail marketing
6-. IRC scripts/bots
7-. proxy/anonymizer scripts
8-. pirated software/Warez
9-. image hosting scripts (similar to Photobucket or Tinypic)
10-. Collection of MP3, MP4, FLAC, MPEG-4 SLS, MPEG-4 ALS, MPEG-4 DST, WavPack, Shorten, TTA, ATRAC, Apple Lossless, WMA, Vorbis, Musepack, AAC, WMA, SKM and Opus and/or DVD/CD ISO image files and movies. 11-. main bank programs
12-. Lottery sites
13-. Sites of Municipalities, Governors, or any governmental entity.
14-. Websites of movies, series, live TV, IPTV.
15-. Forums and/or websites distributing warez/pirated/illegal content.
16-. fraudulent sites (including, but not limited to, sites listed on aa419.org and escrow-fraud.com)
17-. adult site (pornographic sites)
18-. Push button mail scripts
19-. Bitcoin Mining
20-. It is not allowed to host .tk, .ml, .cf, .ga domains. If someone finds it, we will cancel the service without notice.
21-. Sites/files/programs focused on hackers.
22-. commercial audio streaming (more than one or two streams) All shared hosting plans are for web hosting purposes. we do not allow hosting of download files such as mp3, wallpaper download sites, movie download/streaming sites or bot sites on our hosting.
23-. Use storage to save backups of other accounts. Or as cloud storage use.

NINTH: INTELLECTUAL PROPERTY

ACV System is the owner of all Intellectual Property Rights, own or third party legally acquired, on the software, operating manuals, associated documentation, procedures and any other right related to the services contracted, supplied or made available to the CLIENT. The CLIENT does not acquire any rights, except for the rights and licenses essential for the fulfillment of this agreement and only during the term of this agreement.
The CUSTOMER undertakes to indemnify ACV System against any claim, in cases where the infringement is caused by the use of the equipment or software by the CUSTOMER in conjunction with another device or software not provided by ACV System.

TENTH: CONFIDENTIALITY AND PERSONAL DATA PROTECTION

Confidentiality:
All information that the parties transmit to each other during the execution of this contract is confidential. Both parties undertake to keep such information as such, adopting all appropriate measures necessary to ensure that only authorized persons will have access to such information to develop the contracted activity.
Confidential information, including the contents of this contract, may not be disclosed to outside third parties either during the term of this contract or at its termination for a period of two years, without the express authorization of both parties.
The obligation of confidentiality excludes any information that, due to its characteristics, does not have such consideration.
All information hosted on ACV System servers is confidential and may not be disclosed to third parties except at the express request of authorized judicial and administrative bodies.
Both parties are exonerated from any responsibility derived from the non-compliance of one of the parties with respect to the Colombian regulations on the protection of personal data, related to the execution of this contract.
In general, it is absolutely forbidden to provide personal data to minors under 18 years of age without the consent of parents or legal guardians.
All personal data provided, as well as those derived from the commercial relationship are treated with absolute confidentiality, and only transferred in the cases legally foreseen, and by judicial or administrative request.
If the data provided by the client corresponds to high security levels, the CLIENT must expressly communicate this to ACV System by means of an email, so that ACV System can analyze the feasibility of adopting the corresponding security measures. ACV System reserves the right not to admit the supply of data of higher levels than the basic one.

Once the service has been completed, the personal data must be destroyed or returned to the person in charge of the files.
All personal data provided are confidential. ACV System shall communicate and enforce to its employees the obligations set forth in this contract and, in particular, those relating to the duty of secrecy and security.
The data processor shall inform the data controller of any request for access, rectification, cancellation and opposition received within the deadlines and in the manner provided for by law.
In the event that the data processor fails to comply with any of the requirements and stipulations agreed upon in this contract and uses the data for another purpose, or communicates them, he/she shall be considered the data controller, and shall be liable for any infringements incurred personally, exonerating the data controller of the files from any liability.

 
ELEVENTH: LIMITATIONS OF LIABILITY

ACV System does not guarantee that the availability of the service object of this contract will be continuous and uninterrupted, due to circumstances originated by problems in the Internet network, breakdowns in the computer devices and other unforeseeable circumstances. Therefore, the CLIENT accepts to bear within reasonable limits these circumstances, and therefore expressly renounces to claim to ACV System any contractual or extra-contractual responsibility for the possible failures, errors and use of the contracted service.
However, if ACV System, due to these circumstances, fails to comply with the commitments assumed in this contract for more than 24 hours, the CUSTOMER will have the right to claim and request compensation in its next billing corresponding to the period in which the service is interrupted or does not work properly.

Under no circumstances will ACV System be responsible for the loss of data, whatever its origin, interruption of business activities or any damage resulting from the operation of the services, or the expectations generated to the CLIENT, being exonerated from any responsibility.
Taking into account that the hosting services are provided on a shared basis with other websites, ACV System is exonerated from any liability for technical problems attributable to third parties. Therefore, the CLIENT expressly renounces to claim any liability, contractual or extra-contractual, damages to ACV System for possible failures, slowness or errors in the access and use of the contracted service, without prejudice to the provisions of current legislation.
ACV System recommends to the CUSTOMER that if for the operation of its activity or business is of utmost importance the hosting service, hire a dedicated server service / high performance cloud that guarantees greater security. We remind you that ACV System is exonerated from any liability for loss of data, interruption of business or economic activities.
ACV System is not responsible for the loss or deletion of data, regardless of the fact that for security reasons it makes temporary copies on its servers, being the sole responsibility of the CLIENT the loss or deletion of data, which for its security has the obligation to make its corresponding backup and recovery copies.
The CLIENT assumes all responsibility derived from the use of the web page and e-mail hosted on ACV System servers, being the only responsible for any direct or indirect effect on the web page, including, but not limited to, any adverse economic, technical and/or legal result, and the CLIENT is obliged to hold ACV System harmless for any claims derived, directly or indirectly, from such events. Therefore, ACV System shall not be liable, either directly or secondarily, for any direct or indirect damage that the CUSTOMER may cause to third parties.
The CLIENT assumes all the responsibility derived from the use and content of the electronic mail, being obliged to use it in good faith and in accordance with the current legislation.
ACV System, and any person in its organization, is exonerated from any liability exclusively attributable to the CUSTOMER, or derived from any claim, including the payment of attorney's fees, for claims and demands originated by third parties due to non-compliance by the CUSTOMER, or any other claim due to non-compliance with the legislation in force.
The CLIENT is solely responsible for the use, custody and confidentiality of the user name and password to access our control panel, being exonerated ACV System and any person in your organization of any responsibility for its loss, theft or voluntary communication to third parties.
ACV System is not responsible for the following circumstances:
Of the contents of the CLIENT's web page and e-mail hosted on ACV System's servers.
Possible errors caused by Internet access providers.
Virus infection in the CUSTOMER's equipment, which the CUSTOMER must protect itself.
Loss or deletion of data.
Of acts of hacking in the service provided to the CUSTOMER, even though ACV System has reasonable measures to prevent them.
Deterioration, malfunction or misuse of the CUSTOMER's equipment and computer applications.
Problems that may arise due to causes attributable to the customer.
ACV System is exonerated from any liability arising from the commercial relationship between the reseller and its customer, as well as from the service offers made by third parties (resellers) in relation to our products, as well as from the.

ACV System, is not obligated to migrate the user's information from another server to ours, and if accepted, we can only migrate up to 10 Cpanel accounts at no additional cost. In any case we always send video tutorials telling the customer how to perform their own migrations. ACV System is not responsible in the following circumstances:

Database connection errors.
Your web system does not open, or contains some other problem.
Incomplete migration because the customer rushes the technical team that supports it.
In this case the client must be responsible for their developments and once the migration is done, make the corresponding connections for their sites to work.

TWELFTH: COMMUNICATIONS

All notifications between the parties will be made through a ticket in your customer area or otherwise by email. The CLIENT is responsible for confirming the reception of the notifications and for informing ACV System of any modification of his/her data, ACV System being exonerated from any responsibility derived from this circumstance. In case of modification, the CLIENT must inform ACV System in the e-mail or telephone numbers indicated in this contract, being exonerated ACV System for the non-receipt of our mails due to causes attributable to the CLIENT.

Both parties undertake to keep all relevant documentation exchanged by any means whatsoever, as proof of the transactions carried out.

THIRTEENTH: SUPPORT

Technical support is offered solely and exclusively through a ticket generated from your customer area, to ensure the monitoring and recording of incidents. Calls will not be answered without prior coordination and support is also not offered via WhatsApp as it does not guarantee the monitoring and recording of incidents. The space will be open 24/7, however, technicians will attend you during the following hours.

Monday to Friday:

Morning shift: 9:00 a.m. to 12:00 p.m.

Afternoon shift: 2:00 p.m. to 6:00 p.m.

Saturdays:

Morning shift: 9:00 a.m. to 12:00 p.m.

These schedules were established to ensure the fastest attention and avoid abuse of authority, harassment and abuse of personnel by the CUSTOMER. In the event the CUSTOMER requires, and under his insistence that technical support is provided outside these hours, the amount of 15usd per hour attended will be charged, being 1 hour minimum.

FOURTEENTH: ASSIGNMENT

ACV System admits the assignment of the present contract by the client to a third party as long as this assignment is made following the procedure established by ACV System, being the same notified with sufficient advance notice and such assignment obtains the consent of the assignor and the assignee. ACV System reserves the right not to authorize the assignment to a third party if it deems it appropriate.

No assignment of contracts shall be made as long as there are payments pending for the object/service to be assigned.

FIFTEENTH: GROUNDS FOR TERMINATION OF THE CONTRACT AND COMPLETENESS OF THE CONTRACT

This agreement shall terminate for the general causes and for breach of the obligations arising from this agreement.
ACV System reserves the unilateral right to remove a website if, after receiving a complaint and analyzing it internally, it is considered that rights are being violated or illegal acts are being committed, in addition to reserving the right to file complaints in the case of criminal acts.
The early termination of this contract for causes attributable to the CUSTOMER will result in the cancellation of the contracted services, without such termination and its consequences generating any right to compensation in favor of the CUSTOMER.
The early termination of the contract does not imply the breach of the commitments and obligations assumed prior to the cancellation, the CUSTOMER being obliged to comply with them, especially those referring to payments pending payment.
Each of the clauses of this contract must be interpreted separately and independently from the others. Should any of them become invalid, illegal or unenforceable by virtue of any legal rule or be declared null and void or ineffective by any court or administrative authority, the nullity or ineffectiveness of the same shall not affect the other stipulations, which shall retain their full validity and effectiveness. The contracting parties agree to replace the clause or clauses affected by another or others that have the effects corresponding to the purposes pursued by the parties in this contract.
The present contract includes all the existing agreements between the parties, and cancels and revokes, if applicable, any other agreements or understandings, verbal or written, that were in force at the date of its execution. This contract may only be modified by agreement between the parties.
In case of conflict, the Spanish text shall prevail over any translation thereof that may be published on this website.

SIXTEENTH: COMMITMENT, ACCEPTANCE AND VALIDITY OF THE CONTRACT

The CLIENT acknowledges that he/she has understood all the information regarding the services offered on our website, as well as all the conditions and stipulations contained in this electronic contract, and therefore affirms that they are sufficient for the exclusion of error in the consent to this contract, and therefore, accepts them fully and expressly.
The CLIENT is fully aware that the acceptance and execution of this contract will take place by providing his/her data and clicking on the corresponding "click" button indicated on our page www.acvsystem.com and that it will be perfected with the payment of the service.

SEVENTEENTH: LEGAL REQUESTS

In the event that the CLIENT does not remember his/her user and/or password to access the Control Panel, he/she may request its recovery through the web www.acvsystem.com, as long as he/she has access to the contact e-mail address included in the contracting form of the services.
In the event that the CLIENT does not have access to any of the contact emails, the CLIENT must prove to ACV System that he/she is the owner of the contracted services included in his/her Control Panel. With this purpose, ACV System will send to the CLIENT a form of Legal Requests that the CLIENT will have to fill in with the requested information and documentation that identify him/her as the owner of the services.

In the case of different owners of the services of the same Control Panel (owner of the domain according to the Whois criteria and/or receiver of the last valid invoice in the case of shared hosting), the CLIENT must provide a duly completed form of Legal Requests and provide the corresponding documentation for each and every one of the different owners. Otherwise, the applicant will only be able to access and manage the services whose ownership has been verified. These services in particular may be transferred to another user - newly created if necessary - to which he/she has access.

EIGHTEENTH: APPLICABLE LAW AND DISPUTE RESOLUTION

This agreement is of a commercial nature, and shall be governed and interpreted in accordance with the laws of Colombia.
In the event of any discrepancy or difference between the parties in relation to the interpretation, content or execution of the Contract that is not resolved by mutual agreement, the parties shall submit to the courts or tribunals that are competent in each case, unless the Client is a legal entity. In this case, expressly waiving any other jurisdiction that may correspond to them, they shall submit to the Courts and Tribunals of Trujillo (Peru).
The parties by mutual agreement may opt for arbitration. In this case, they shall submit to the arbitration center agreed upon by the parties, and shall be bound from now on to comply with the arbitration decision in the event that they opt for arbitration.
ATTENTION: The present General Contracting Conditions have been drawn up as of 22/09/2021. Any future modification of the same will not affect the services contracted prior to the change of conditions, with the exception of the modifications stipulated in the fifth clause of the present agreement.