CONDICIONES SERVICIO WEBHOSTING
CHILECOM DATACENTER LIMITADA
Please read carefully the terms of agreement regarding our service
Between Chilecom Datacenter Ltda. RUT: 76.653.886-k, for all legal effects domiciled at Océano Pacífico Norte 8506, Peñalolén, Santiago de Chile, henceforth CHILECOM.NET, and the CLIENT, who/whom will be mentioned once the web hosting electronic form is completed. Both parts agree the following contract:
FIRST: The CLIENT agrees to contract the web hosting service offered by CHILECOM.NET detailed in the second term of this current agreement, , which allows to host a website in CHILECOM.NET servers. This served can be accessed or visited by internet users.
SECOND: The web hosting service will rendered in one of the following forms, accordingly to the plans detailed, available at CHILECOM.NET website.
THIRD: CHILECOM.NET holds no responsibility nor liability regarding resgistration before to the regulatory organisms:
Existing domain, Domain in publication process, and Domain with any other form of restriction, under 30 days in publication. Under the event that the solicited domain is rejected by the regulatory organism, the CLIENT must declare the new domain that wishes to register.
FOURTH: CHILECOM.NET holds no responsibility nor liability before the following events:
- Earthquakes, that prevent an optimal or complete service.
- Fires in our dependencies, for reasons beyond our control.
- National or International link interruptions provided by internet contractors.
- Misuse of access accounts. CHILECOM.NET requires to all clients to backup all of their information that host in our servers, by security reasons.
- Delays in the client's DNS transferring for service activation.
- Delays in client's DNS transferring from the previous hosting service to ours.
- Burglary events in our installations.
FIFTH: CHILECOM.NET commits with a 99.75% uptime service. Under any event unmentioned on the Fourth term, CHILECOM.NET commits to supply an optimal and stable service within 24 hours. CHILECOM.NET commits to solve any setbacks or problems of our exclusive responsibility.
SIXTH: CHILECOM.NET will not be hold responsible for the content and information that the CLIENT hosts in CHILECOM.NET servers, Notwithstanding, CHILECOM.NET will have the right to end the service at the end of the agreed term or at any other time, if under CHILECOM.NET criteria and judgement, the CLIENT information threatens the Chilean law, moral and/or good habits, threatens others and/or affects the server's performance.
The CLIENT agrees to not overload and/or saturate the server with any program that threatens device performance, especially massive unsolicited mail remittance (SPAM). It is forbbiden to host any MP3 (without author's consent), adults or any other content that affects our legislation. Under this scenario, CHILECOM.NET is free to give any kind of information to institutions that enforces the law. CHILECOM.NET will contribute with all of the CLIENT information under its control in case he breaches this clause.
SEVENTH: The commercial conditions of the current agreement might be modified by CHILECOM.NET, prior notification of no less than 30 days before the new condition validity enacts. These new conditions will be notified to the client email address. Under the circumstance that the CLIENT refuses the new conditions, he can rescind the present agreement, notifying this to CHILECOM.NET. This notification must be done before the new conditions enact.
EIGHTH: The CLIENT contracting the webhosting service must comply with the payment regime stated on the eletronic form filled by the CLIENT.
NINTH: All of the CLIENTS will automatically receive an electronic coupon 10 days before the payment date. Payment overdue is causal for automatic service suspenssion. CHILECOM.NET commits to automatically notify via one electronic coupon 10 days before the payment date, one payment reminder 2 days before the payment date, one suspenssion notification where the suspenssion date will be clearly stated. In case of overdue payment or payment delay, CHILECOM.NET will suspend said service, prior to an email notification. The CLIENT will be the exclusive responsible of notifying any change, whether it be business name, telephones, emails. Service restorement will be done once overdue payments have been resolved, and we have been notified by a competent agent. If the CLIENT whises an expedite service restorement, payment receipt must be emailed or faxed as soon as possible, there will not be any exceptions nor last day information recovery will be granted. If the CLIENT wishes to discontinue the service, he can notify his will until the payment date in order to retrieve all of his information hosted in the server, otherwise, the CLIENT might retrieve his information back once the service has been renewed for the period previously stated. The CLIENT will receive an electronic invoice once the payment has been confirmed.
TENTH: The current service will have an undefined duration, any of the involved parts can end the agreement manifesting this either via phone or email.
ELEVENTH: CHILECOM.NET commits to support exclusively via phone: +56 2 2938 1240, Monday to Friday, from 09:00 to 13:00 and 14:00 to 18:00. CHILECOM.NET also commits to answer high emergency calls, understood but not limited to fall service, during 24 hours at +56 9 9888 8743. Emergency cellphone will be under one of CHILECOM.NET's employees in his particular residence. Under this excepcionality, his task will be to respond to high emergency calls, excluding support. Those support calls out the opening hours stated above will be denied.
CHILECOM.NET will not support via email or electronic tickets. Technical contact will be provided exclusively via phone. It is considered as support the following tasks:
- Contracting a new service.
- Modify DNS.
- Create email addresses.
- Configure email addresses in Microsoft Outlook or Microsoft Outlook Express.
- Park domains.
- Quota related issues.
- Assistance in mounting the website via FTP.
- FTP Assistance.
- Assistance in migrating services to CHILECOM.NET
- Assistance in issues whose liability is on CHILECOM.NET.
CHILECOM.NET does not contemplate programming as a support component. Given the customized CLIENT needs, programming is considered unrelated to support. Programming has independent prices, conditional to the complexity and time to consider in the requirements.
Notwithstanding, CHILECOM.NET does not return money to the CLIENT in case that he cancelled the service prior to the agreed period. This, considering the exception that CHILECOM.NET might have not accomplished with an optimal service that belongs exclusively to it, under conditions stated in the fifth term.
TWELFTH: Under the circumstance that the CLIENT wishes a Domain Transfer, he must pay the equivalent of 1 UF (Chilean Unidad de Fomento) + VAT, due to the process involved.