Current version 30/04/2023
Any person who does not accept these general terms and conditions, which are mandatory and binding, must refrain from using the site and/or services.
The user must read, understand, and accept all the conditions established in the general terms and conditions, privacy policies, and other documents incorporated therein by reference prior to registering as a user of hexome.cloud. By expressly opting to receive them and all other information by digital means, the user agrees to the terms and conditions.
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the https://hexome.cloud website (the "Service") operated by Hexome Argentina, a team based in Posadas, Misiones, Argentina, with CUIT# 27348290016. Throughout these Terms, "we", "us", or "our" refers to Hexome Argentina.
These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use or access the Service. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms, and you are responsible for ensuring that you meet these requirements.
Customer: The person or entity who uses or subscribes to the services provided by Hexome Cloud.
Operator: Hexome Cloud, the provider of the services.
Services: The cloud computing services provided by Hexome Cloud, which include but are not limited to virtual servers, data storage, and data transfer.
Equipment: The physical hardware and software used to provide the Services, including but not limited to servers, storage devices, and networking equipment.
Account: The login credentials and associated information used by the Customer to access the Services.
Subscription: The agreement between the Customer and Hexome Cloud for the provision of the Services.
Payment: The fees charged by Hexome Cloud for the provision of the Services, which may include setup fees, subscription fees, and usage fees.
Termination: The cancellation of the Subscription by either the Customer or Hexome Cloud, which may be done for various reasons as outlined in the Terms and Conditions.
Renewal: The extension of the Subscription beyond the initial term, which may occur automatically or through explicit agreement between the Customer and Hexome Cloud.
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to part of the terms, then you do not have permission to access the Service.
By accessing or using the Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service and any additional terms that may apply to some Services.
You must use our Services only in accordance with the instructions and interfaces we provide. Misuse of our Services, such as attempting to access them in any other way, is strictly prohibited.
You may not copy, modify, distribute, sell, or lease any part of our Services or included software. Additionally, you may not reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
We may modify these terms or any additional terms that apply to a Service to reflect changes to the law or changes to our Services.
These terms govern the relationship between Hexome Cloud and you. Any disputes arising from or related to these terms will be resolved through arbitration.
While you may freely access our website, full access to our Services requires you to create an account.
When you create an account, you warrant to us that you are at least 18 years of age or that you are of legal age and capacity where you reside. When you create an account on behalf of a legal entity (when you own a business or use the Services on behalf of your employer), you represent and warrant that you have the authority to bind the legal entity representing these Terms.
By default, our Services functionality allows you to create an owner account where you remain in control of the Subscription, connected domain names, and team member access.
Individuals who already have their own account with the Services may connect as team members to the existing owner account and may use all the benefits of the Owner Account Subscription.
Such connection will only be limited to purchases within the owner account (Subscription and domain names), and will not apply to domain names and Subscription available within a third-party account, which is connected as a team member.
You may use the Services by interconnecting your and your staff accounts and granting them access to the benefits of your Subscription. You can also connect your staff who do not have an account with Services with SSO login technology, where a SAML-based account will be created.
You can delete your account in the Services settings panel. If you disconnect a third-party account in your account dashboard or completely delete your own account, all access granted to third parties will be closed. Due to the details of the technology, disconnected SAML-based accounts will be temporarily suspended. If you have a SAML-based account, it may be completely restored or deleted by contacting our support support.
If you are using the Services on behalf of an entity (such as on behalf of your employer), you agree to these Terms on behalf of that entity and its affiliates and represent that you have the authority to do so. In such case, "you" and "your" will refer to that entity, as well as to yourself.
SECTION 1 – SUBSCRIPTIONS
Some portions of the Service are billed on a subscription basis ("Subscriptions"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set monthly or annually, depending on the type of subscription plan you select when purchasing a subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel or hexome.cloud cancel it. You may cancel your Subscription renewal through your online account management page or by contacting hexome.cloud customer support team.
A valid payment method, including credit card, is required to process payment for your Subscription. You will need to provide hexome.cloud accurate and complete billing information, including full name, address, state, zip code, phone number, and valid payment method information. By submitting such payment information, you automatically authorize hexome.cloud to charge all subscription fees incurred through your account to such payment instruments.
In the event that automatic invoicing does not occur for any reason, an electronic invoice will hexome.cloud issued indicating that it must proceed manually, within a certain deadline, with full payment corresponding to the billing period indicated on the invoice.
If you fail to pay the subscription fee, we reserve the right to suspend the Services available under the Paid Subscription or terminate your account.
SECTION 2 – DOMAINS AND PURCHASES
The services allow you to use free domains for testing purposes or to connect your own domain names. All these free domains are our sole and exclusive property. Your right to use the free domain will be limited only to the trial period determined in the You can connect the domain names you own to the Services. In such case, you warrant that you own the domain name or that you are authorized to connect the domain name to the Services.
You can also purchase a new domain name using our built-in functionality. Domain name prices are relevant on the date of purchase and may change from time to time. Such purchase will be subject to the terms of Amazon Web Services (https://aws.amazon.com/ru/route53/domain-registration-agreement/). The domain name you have purchased will be temporarily retained by us and may be transferred to your Amazon Web Services account within 14 days from the date of purchase, or to your third-party domain name services within 60 days from the date of purchase.
At the time of purchase, you have certain rights and responsibilities, all of which are set forth in ICANN's Registrant Benefits and Responsibilities policy. When you make a purchase on behalf of a third party, you warrant that you are authorized to do so and that you are authorized to use the purchased domain name in connection with the Service.
SECTION 3 – CHANGES TO FEES
We strive to keep the subscription plan rates we offer at the same rate for as long as possible. However, we cannot guarantee that we will never change our rates. Our operating expenses may increase due to inflation, changes in legislation, changes in the labor market or changes in contractor fees. In any event, any change to the Subscription fee will be effective at the end of the then-current Billing Cycle.
hexome.cloud, in its sole discretion and at any time, may add new subscriptions to subscription plans.
hexome.cloud will provide you with reasonable prior notice of any changes to the Subscription fees to give you the opportunity to cancel your Subscription prior to such change becoming effective.
Your continued use of the Service after the Subscription fee change becomes effective constitutes your agreement to pay the amount of the modified Subscription fee.
SECTION 4 – REFUNDS
Certain requests for reimbursement of Subscriptions may be considered on a hexome.cloud case-by-case basis and granted at hexome.cloud's sole discretion.
SECTION 5 – ACCOUNTS
When you create an account with us, you warrant that you are over the age of 18 and that the information you provide to us is accurate, complete and current at all times. Inaccurate, incomplete or outdated information may result in immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to restricting access to your computer and/or account. You accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
SECTION 6 – LINKS TO OTHER WEBSITES
Our Service may contain links to third-party websites or services that are not owned or controlled by hexome.cloud.
hexome.cloud has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not guarantee the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that hexome.cloud shall not be responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through such third party websites or services.
We strongly encourage you to read the terms and conditions and privacy policies of any third-party website or service you visit. or any part of our social media pages (on Twitter, LinkedIn, Facebook) to display, redirect, upload, distribute or transmit any content, web pages, messages, images, video files, texts, audio files, articles (collectively "Content") that:
• violates the law, regulation, act or code of the Argentine Republic imposed by the government, authority, tribunal or any other authorized body in the Argentine Republic, including sanctions;
• violates the intellectual property rights of others, including copyright, trademark, patent, trade secret;
violates any law of the state of the Argentine territory; including laws relating to pornography, promotion of racism, bigotry, bigotry, hatred, promotion of physical harm against any group of persons, illegal, defamatory, libelous, false harassment, abusive, tortuous, vulgar or harmful to minors in any way;
violates any law of the state of the Argentine territory; including laws related to violates any personal rights, including moral rights, privacy rights, right of publicity;
promotes or contains the sexual exploitation or abuse of children;
promotes, contains or encourages any serious harm, terrorism or violence;
distributes or makes available computer viruses, Trojan horses, worms or any other harmful software;
send unauthorized or unsolicited advertising, junk emails, promotional materials, spam, chain letters, pyramid scheme-related messages, or any other form of duplicate or unsolicited messages, whether commercial or otherwise;
interfere with, disrupt or create an undue load on servers or networks connected to the Services or violate the regulations, policies or procedures of such networks;
SECTION 7 – TERMINATION
We may terminate or suspend your account and prohibit access to the Service immediately, without notice or liability for breach of the Terms.
In case your account does not violate the law of the Argentine Republic. But violate local laws, we may restrict your account in these regions.
If you wish to cancel your account, you may simply stop using the Service.
All provisions of the Terms that by their nature should survive termination shall survive termination, including, but not limited to, ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
SECTION 4 – INDEMNIFICATION
Subject to the Limitation of Liability section below, you agree to defend, indemnify and hold harmless hexome.cloud and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debts and expenses (including, without limitation, attorneys' fees), resulting from or arising out of a) your use of and access to the Service, by you or anyone using your account and password, or b) a breach of these Terms.
SECTION 8 – LIMITATION OF LIABILITY
In no event shall either party, or their respective directors, employees, partners, agents, suppliers or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including, without limitation, loss of profits, data, use, goodwill or other intangible losses, resulting from (i) your access, use of, or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been advised of the possibility of such damage, and even if a remedy set forth herein is determined to have failed of its essential purpose.
Except for liability which cannot be limited by law, each Party's aggregate aggregate total liability, whether based on warranty, contract, tort (including negligence) or any other legal theory, arising out of or in connection with these Terms shall be limited to an amount equal to the Subscription fees paid by you to hexome.cloud during the preceding 12-month period from the date of the liability claim.
SECTION 9 – INTELLECTUAL PROPERTY INDEMNIFICATION
hexome.cloud will defend, at its own expense, any third party claim, suit or proceeding brought against you to the extent based on a claim that the Service you have access to under this Agreement, when used in accordance with the terms and conditions of this Agreement, infringes any patent, copyright or trade secret of the Argentine Republic of any third party.
SECTION 10 – WAIVER
Your use of the Service is at your own risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
hexome.cloud its subsidiaries, affiliates and licensors do not warrant that (a) the Service will operate uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
SECTION 11 – EXCLUSIONS
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.
SECTION 12 – MODIFICATIONS TO THE SERVICE AND PRICES
We reserve the right, in our sole discretion, to modify or replace these Terms at any time. If a revision is important, we will provide at least 30 days' notice before the new terms take effect. What constitutes a material change will be determined in our sole discretion.
By continuing to access or use our Service after the revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
SECTION 13 – MODIFICATIONS TO THE SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 14 – PERSONAL INFORMATION
SECTION 15 – INFORMATION PRIVACY
To use the Services offered by hexome.cloud, Users must provide certain personal data. Your personal information is processed and stored on servers or magnetic media that maintain high standards of security and protection both physical and technological. For more information on the privacy of Personal Data and cases in which personal information will be disclosed, you can consult our Privacy Policies.
SECTION 16 – ERRORS, INACCURACIES AND OMISSIONS
From time to time there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transfer times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Service or any related website is inaccurate at any time without notice (including after you have subscribed).
SECTION 17 – ERRORS, INACCURACIES AND OMISSIONS
We undertake no obligation to update, modify or clarify the information on the Service or any related website, including, without limitation, pricing information, except as required by law. No specified update or update date applied to the Service or any related website should be taken to indicate that all information on the Service or any related website has been modified or updated.
SECTION 18 – PROHIBITED USES
The user accepts that he is aware and knows this clause once the payment has been made by the means of contracting that we provide mentioned in the payment clauses and understands that screenshots are strictly prohibited in order to be shared in any digital media that has public access regardless of the type or origin or class of technology in which it is presented (servers, Pages, referred sites, digital messaging services or social networks of any type and / or class existing on the Internet without prior written authorization and certified by their owners before a notary public prior consent for publication.
SECTION 19 – PROHIBITED USES
In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful act; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to present false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will be used or may be used in any way that affects the functionality or operation of the Service or any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) for spam, phishing, pharm, pretext, spider, crawl or scraping; j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 20 – PROHIBITED USES
In case of making publications in digital media that are not within our website, emails or contact by private means of communication indicated in our hexome.cloud policies or current laws; (f) insult, discriminate or assault other Users, collaborators of hexome.cloud or any person who is related to the services that hexome.cloud who works provides on its platform; (g) use your reputation, ratings or feedback received on the hexome.cloud in any area outside of hexome.cloud that you believe to match.
SECTION 21 – PROHIBITED USES
This type of activities will be investigated by hexome.cloud and the offender may be sanctioned with the suspension or cancellation of the offer and even his registration as a user of hexome.cloud and / or in any other way he deems appropriate, without prejudice to the legal actions that may give rise to the configuration of crimes or contraventions or the civil damages that may cause to the offering users.
SECTION 22 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Service, such determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 23 – INAPPLICABILITY
The invalidity or unenforceability of one or more provisions of this Agreement shall not affect any other provision of this Agreement. If possible, the performance of any provision in this Agreement will be modified to reflect the original intent of the parties.
SECTION 24 – THE REMAINING PROVISIONS OF THESE TERMS SHALL REMAIN IN EFFECT
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of those rights. If any provision of these Terms is held invalid or unenforceable by a court, the remaining provisions of these Terms shall remain in effect. These Terms constitute the entire agreement between us with respect to our Service, and supersede any prior agreements we may have had between us with respect to the Service.
SECTION 25 – TERMINATION
The obligations and liabilities of the parties incurred prior to the date of termination shall survive the termination of this agreement for all purposes.
SECTION 26 – YOU MAY TERMINATE THESE TERMS OF SERVICE AT ANY TIME
These Terms of Service are effective unless and until terminated by you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.
SECTION 27 – BREACH OF TERMINATION
If, in our sole discretion, you fail, or we suspect that you have not complied, with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 28 – GOVERNING LAW
These Terms of Service and any separate agreements by which we provide Services to you shall be governed by and construed in accordance with the laws of Posadas, Misiones, within the territory of the Argentine Republic, without regard to its conflict of law provisions.
SECTION 29 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 30 – LIMITATION OF IMPLIED WARRANTY
We are not responsible for misuse and/or mistreatment of the systems by users through our consumption-based subscriptions. The customer agrees to notify us in case of requiring improvements to their subscriptions, resources with more capacity, speed of response, in case of technical problems we reserve the right to apply SECTION 7 of termination.
SECTION 31 – LIMITATION OF IMPLIED WARRANTY
To the extent permitted by local law, this product is provided to you "as is" without warranties or conditions of any kind, whether oral or written, express or implied. hexome.cloud specifically disclaims all liability as to warranties or conditions of merchantability, satisfactory quality, non-non-compliance and fitness for a particular purpose.
SECTION 32 – RESTRICTION ON UNLAWFUL ACTS
You may not use our products for illegal acts or unauthorized purposes, nor may you, in using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
SECTION 33 – WILL TO PURCHASE
Willingness to pay is how high a consumer is willing to go when purchasing a good or service, or how much citizens will gladly pay to maintain a service.
The terms of negotiation for making online purchases are due to the voluntary purchase of subscriptions in hexome.cloud. By making the purchase through this website, the customer admits to understand and accept the terms provided.
SECTION 34 – PRIVACY PROTECTION
SECTION 35 – EXPLICIT REQUIREMENTS
We provide services that can be and are not limited to:
SECTION 36 – NATURE OF PURCHASE AND PAYMENTS
By sending payments to the hexome.cloud account(s) responsible for processing the payment, you agree that the purchase is for intangible services.
SECTION 37 – TAX REQUIREMENTS
SECTION 38 – LAWFUL ORIGINS AND PAYMENTS
By submitting payments to the account(s), you represent that the funds used to proceed with crediting funds through the payment processor are lawful manner and origin.
SECTION 39 – IMPLIED LIABILITY AND PAYMENTS
Our services are non-refundable upon delivery and once you make the payment, you accept that you are satisfied with it.
SECTION 40 – CONFERRED APPLICATION AND PAYMENTS
The services are non-refundable upon delivery and once you make payment, and you agree that you are satisfied with them and with us for the performance.
SECTION 41 – EXPLICIT LIABILITY AND PAYMENTS
You agree that hexome.cloud, is exempt from claims by this or another means, after the delivery of the service you acquire, delivery that is made to you, payment processing, through the available means of communication including and not limited to the legal communication channels available and / or applicable.
SECTION 42 - RIGHT OF ADMISSION
We reserve the right of admission and permanence where hexome.cloud and the person or parties who own the establishment and / or event, reserves the attribution of admitting or excluding third parties with certain places, IP address addresses, geographical areas, where the exclusion is based on objective conditions of admission and permanence, where the user understands, You accept and understand that there will be no discriminatory or arbitrary treatment for users, nor place them in situations of inferiority or defenselessness with respect to other competitors or spectators or aggravate them.
SECTION 43 – SCOPE OF SERVICES
This agreement does not create any partnership, mandate, franchise, or employment relationship between us and the user. The user acknowledges and accepts that we are not a party to any operation, nor does he have any control over the quality, security or legality of the contents or services offered by a client application of the platform.
SECTION 44 – PLATFORM SECURITY
SECTION 45 – SYSTEM FAILURES
The user disclaims liability in the following cases:
For no errors or omissions contained on your website.
SECTION 46 – IRREVOCABLE RIGHT
SECTION 47 – USE OF SERVICE
The Service may only be used for lawful and authorized purposes. The User agrees not to use the Service for illegal activities, to infringe the rights of other Users or third parties, or to interfere with other Users' use of the Service. The User agrees to comply with all applicable laws, rules, and regulations related to the use of the Service.
SECTION 48 – LAWFUL USE OF THE SERVICE
The service may only be used for lawful and authorized purposes. Users agree not to use the service for illegal activities, to infringe upon the rights of other users or third parties, or to interfere with other users' use of the service. Users agree to comply with all applicable laws, rules, and regulations related to the use of the service. Any use of the service for an unlawful purpose is strictly prohibited and may result in immediate termination of the user's account and legal action.
SECTION 49 – PROHIBITION OF VANDALISM AND ILLEGAL ACTIVITY
Users may not use the service to carry out illegal activities or to damage, vandalize, or interfere with the property of Hexome Cloud or third parties. The user agrees not to post, transmit, or distribute content that incites violence, hate, harassment, or discrimination of any kind. Any use of the service to carry out illegal activity or damage the property of Hexome Cloud or third parties is strictly prohibited and may result in immediate termination of the user's account and legal action.
SECTION 50 – PROHIBITION OF FRAUD
Users may not use the service to carry out fraudulent or deceptive activities, including but not limited to, phishing, spam, and scams. Users agree not to use the service to collect personal or financial information from other users or third parties without their consent. Any use of the service for fraudulent or deceptive activities is strictly prohibited and may result in immediate termination of the user's account and legal action.
SECTION 51 – FAIR USE
At Hexome Cloud, we are committed to providing a high-quality service to our users. To ensure that all of our users can enjoy the service safely and responsibly, we have established the following fair use terms:
Prohibited use: It is prohibited to use the service for any illegal, fraudulent, or harmful purpose. This includes, but is not limited to, the distribution of illegal content, the conducting of spam activities, or any other activity that may harm the service or other users.
User responsibility: Users are responsible for any activity they conduct on the service. Users must comply with all applicable laws and must be responsible for obtaining any necessary permits or authorizations before using the service.
Privacy protection: Users must respect the privacy of other users and must not use the service to collect or share personal information without the consent of the corresponding person.
Reasonable use: Users must use the service in a reasonable manner and must not use the service in a way that may negatively affect the quality of service for other users.
Intellectual property policy: Users must respect the intellectual property rights of others and must not use the service to infringe on such rights.
We reserve the right to take action against any user who violates these fair use terms. If a user is found to have violated these terms, we reserve the right to suspend or cancel their user account.
We hope that our users will use the service responsibly and respect these fair use terms. If you have any questions about these terms, please do not hesitate to contact our customer support team.
SECTION 52 – BEST EFFORT CLAUSE
At Hexome Cloud, we are committed to providing the best possible service to our users. We will use our best efforts to ensure that our service is available and functioning properly at all times. However, there may be occasions when the service is interrupted due to maintenance, upgrades, or other technical issues beyond our control. In such cases, we will use our best efforts to minimize the duration of any service interruption.
We make no guarantees regarding the availability or performance of our service, and we will not be held responsible for any damages or losses that result from service interruptions or any other technical issues that affect the service.
We will monitor our service 24/7 and will work to resolve any issues as quickly as possible. Our customer support team is available to assist you with any questions or concerns you may have about the service.
We appreciate your understanding and patience in the event of any service interruptions, and we will do our best to keep you informed of any issues that may affect the service.
SECTION 53 – MODIFICATIONS TO THE CONTRACT
In the event that the user requests an improvement in the contracted service that involves modifications to the fees and/or changes to the relevant contract, Hexome Cloud reserves the right to require attention or an extension of the payment margin to cover additional costs. The user must update their contract, subject to changes according to the type of contract applied, as stated in the general terms and conditions. To enable Hexome Cloud to implement the requested improvements to the contracted service, the user must accept the changes and updates to the contract.
If the user does not wish to accept the changes to the contract, Hexome Cloud reserves the right to reject the service improvement request. Acceptance of the changes and updates to the contract is necessary to ensure that the requested improvements are effectively implemented and covered under the terms and conditions of the updated contract.
SECTION 54 - TECHNICAL SUPPORT
Hexome Cloud will provide technical support to the Client during the term of the contract. Technical support will be limited to the identification and resolution of issues related to the use of the contracted service. Technical support will not include the identification and resolution of issues related to hardware, software, networks, or operating systems not owned by Hexome Cloud. The Client shall provide Hexome Cloud with access to relevant systems and data to facilitate the identification and resolution of any technical issues. Technical support hours shall be Monday through Friday, 9:00 a.m. to 6:00 p.m. local time. Technical support outside of these hours will be considered an additional service and subject to additional charges.
SECTION 55 – GUARANTEED UPTIME
Hexome Cloud guarantees that the contracted service will be available and operational 99.8% of the time, excluding scheduled maintenance periods. If Hexome Cloud fails to meet this uptime guarantee, the Client may be eligible for a credit of the monthly service fee, as outlined in the service level agreement (SLA) provided by Hexome Cloud. The uptime guarantee does not apply to any service unavailability or outage resulting from factors outside of Hexome Cloud's control, such as force majeure events, internet service provider (ISP) or telecommunications provider issues, or actions or omissions of the Client or any third party acting on behalf of the Client. The uptime guarantee is subject to the Client's compliance with the terms and conditions of the contract and any applicable SLA.
SECTION 56 – SOFTWARE UPDATES
Hexome Cloud undertakes to provide regular updates to the software used to provide the contracted service, provided that such updates are reasonably possible and are included in the contract specifications. The customer shall be responsible for requesting an update plan that includes software maintenance and shall be subject to the terms and conditions of said previously accepted plan. Hexome Cloud shall not be liable for any damages that may result from the failure to update the software by the customer.
SECTION 57 – BACKUP
Requests for backups during maintenance will be carried out, and our clients can request special site treatment or migration to a dedicated server. We will communicate by email to provide you with the news, and you should be attentive and request this procedure; otherwise, we will not guarantee the integrity of the data, nor will we guarantee an updated copy. The user accepts these terms and understands that it is their responsibility to constantly monitor and pay attention to the maintenance dates where we will communicate in advance with a reasonable notice.
SECTION 58 – FORCE MAJEURE CLAUSE
Force Majeure: Neither party shall be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, terrorism, civil unrest, acts of government, acts of war, acts of cyber-attack, failure of internet or telecommunications services, or any other cause beyond the reasonable control of the affected party. In such event, the affected party shall give prompt written notice to the other party of the occurrence of such an event and shall use its reasonable best efforts to eliminate or remedy the cause of such nonperformance or delay and to continue performance under this Agreement as soon as reasonably practicable.
SECTION 59 – SCALABILITY
which will be updated on the following billing cycle month or upon client's request if it is immediate, abandoning the previous plan without implying a partial or total refund of the amounts accrued on the new contract.
SECTION 60 – LIMITATION OF LIABILITY FOR DATA LOSS OR DAMAGE CAUSED BY MALWARE OR VIRUSES
We will not be held liable for any data loss or damage caused by malware or viruses that may infect or damage your computer systems or data. It is your responsibility to implement appropriate security measures and take necessary precautions to protect your data and systems from malware or viruses. In the event that data loss or damage does occur, our liability will be limited to the amount of fees paid by you for our services during the preceding three (3) months prior to the incident.
SECTION 61 – LIABILITY EXCEPTION
The company shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use or inability to use the service, including but not limited to loss of profits, interruption of business, loss of information or data, or any similar damages, even if the company has been advised of the possibility of such damages. In any event, the company's total liability shall not exceed the amount paid by the customer for the service during the period in which the incident occurred
SECTION 62 – RENEW
Unless otherwise stated in the service agreement, all Hexome Cloud services will be automatically renewed at the end of the initial term for a period of equal duration unless the customer notifies Hexome Cloud otherwise. The automatic renewal will be charged at the current rate for the service at the time of renewal. If the customer wishes to cancel the automatic renewal, they must do so by providing written notice to Hexome Cloud at least 30 days before the end of the initial term or any renewal term. Hexome Cloud is not responsible for any damages, liabilities, or losses incurred as a result of the customer's failure to cancel the automatic renewal.
SECTION 63 – STABILITY AND PROTECTION OF OTHER USERS
Hexome Cloud reserves the right to take measures to protect the stability of the server and the performance of other customers in the event that a customer is detected consuming server resources excessively. These measures may include, among others, limiting or temporarily suspending the customer's access to server resources and/or contracted services. In the event that measures are taken, Hexome Cloud will notify the affected customer and work with them to resolve any issues that may be causing excessive resource consumption.
The customer will be solely responsible for making the necessary decisions to upgrade their service plan or to contract the necessary corrections to resolve the problem of excessive resource consumption. In no event shall Hexome Cloud be responsible for problems caused by external agents or problems present in the customer's applications or systems, unless otherwise specified in a specific contract.
SECTION 64 – PAYMENT TERMS
The customer agrees to pay all applicable charges by the due date indicated on their invoice. Invoices will be sent to the customer via email or through the online control panel. If payment is not received by the due date, a reactivation fee of 25 € will be charged. The customer will have a 14-day period to reactivate their service by paying the outstanding amount and the corresponding reactivation fee. If the customer fails to make the payment within the 14-day period, Hexome Cloud reserves the right to cancel and terminate the mentioned service and to completely erase the data of said product from their servers.
SECTION 65 – ACTIVITIES THAT ARE STRICTLY PROHIBITED AND MAY RESULT IN IMMEDIATE SUSPENSION OR TERMINATION OF SERVICES INCLUDE, BUT ARE NOT LIMITED TO
Hexome Cloud reserves the right to take immediate action, including but not limited to suspension or termination of services, if any of these prohibited activities are detected. Users who engage in these activities may also be reported to the appropriate legal authorities.
SECTION 66 – WHEN THERE IS A CLAIM
When there is a claim of these Terms and Conditions (for example, when there is a claim, complaint, court decision, other irrefutable evidence of violations, including Operator's log files, screenshots, correspondence with the Customer, etc.), Hexome Cloud reserves the right to charge the Customer five hundred euros (500 € euros ) plus the cost of the ordered service for 1 year as compensation. The Customer acknowledges that if Hexome Cloud cannot automatically effect a debit of funds (payment) from the Customer's card, the Customer will pay the invoice for compensation within 7 working days.
SECTION 67 – INVESTIGATIONS
The Customer understands the importance of preventing any criminal activity, and thus the Customer hereby gives to the Operator full unreserved permission and unconditional consent to access at any time to any information, files, software, resources, and data stored on pieces of equipment leased by the Customer from the Operator. This authorization to access is to ensure that any suspicious activities can be properly investigated and stopped by the Operator to prevent any criminal activity. If needed, at the request of the Operator, the Operator must be provided by the Customer with credentials and passwords to gain access to these pieces of equipment in order to perform all necessary actions to prevent offenses. The Operator reserves the right to investigate any suspicious activity at any time in order to protect all parties. The Customer agrees that the Operator is not obliged to notify the Customer of ongoing investigations.
SECTION 68 – AUTO RENEW
Service Renewal. Unless explicitly canceled by the Customer, the services provided by the Operator will be automatically renewed for the same period as the initial subscription. The Customer agrees to pay for the services provided by the Operator for each renewal period at the current rates at the time of renewal. The Operator reserves the right to change the fees for the services provided, but will provide the Customer with a 60-day notice of any fee changes prior to the expiration of the current subscription period. The Customer will have the option to cancel the service before the renewal date if they do not agree with the new fees. If the service is not canceled before the renewal date, the Customer will be deemed to have accepted the new fees and will be responsible for payment at the new rates.
SECTION 69 – CANCELATION
The customer may request the cancellation of the service at any time, and must communicate it in writing to the company. The company will proceed to cancel the service within a maximum period of 10 business days from the receipt of the cancellation request. If the customer has paid in advance, the company will reimburse the proportional part of the services not provided up to the moment of the cancellation.
SECTION 69 – PRIVACY DATA
SECTION 70 - REFUND POLICY
We understand that sometimes customers may need to request a refund for digital products purchased through our website. We want to make this process as easy and transparent as possible.
SECTION 70.1 - REFUND POLICY AND ELIGIBILITY FOR REFUND
SECTION 70.2 - REFUND POLICY AND REQUESTING A REFUND
SECTION 70.3 - REFUND POLICY AND REFUND PROCESS
We hope this policy provides clarity and transparency in regards to refunds for digital products. If you have any questions or concerns, please don't hesitate to contact our customer support team.
SECTION 71 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us through our support in https://hexome.com.ar