These terms and conditions govern the purchase and use of the services provided by SMWebGroup (hereinafter, “the Company”): domains, hosting, cloud servers and VPS, housing and software services. Any person or organization that purchases or uses a service from the Company (hereinafter, the “Customer”) accepts the following terms and conditions.
The specific conditions of each service (accepted plan, offer or quotation) supplement this text. Where a specific condition expressly regulates a matter differently, it prevails over these general conditions, within the applicable legal limits.
- The Company provides the contracted infrastructure and handles technical requests exclusively through tickets, which are generated from emails, so that everything is on record.
- For unmanaged VPS and servers, the Customer manages their own operating system, applications, data and backups, unless they purchase an additional service.
- VPS and servers do not include backups unless that service is expressly purchased. The Customer is responsible for keeping their own verified copies of their information (section 12).
- Support distinguishes between the automatic acknowledgment of receipt of the ticket and the technical response that follows the initial analysis, and resolution (section 8).
- For VPS and servers there is a monthly availability target with a limited service credit, which is the sole compensation for lack of availability (section 9).
- Price changes are communicated by email and changes to these conditions are published on the website; in both cases they apply going forward, without altering periods that have already been paid.
1. Acceptance, version and changes
1.1. Purchasing or using any of the Company’s services implies acceptance of the version of these terms in force at the time of purchase or renewal.
1.2. The Company may update these terms to reflect changes in its services, its operations or the applicable legislation. The current version is published on this page with its date, and relevant changes are communicated to Customers by email at the address provided.
1.3. The new conditions apply going forward: they have no retroactive effect on events that occurred before they came into force, nor do they alter the prices of periods that have already been paid.
1.4. If the Customer does not agree with an amendment, they may request cancellation of the service in accordance with section 7.
1.5. Continued use or renewal of the service after an amendment comes into force implies acceptance of it.
2. Scope of the service and administration
2.1. The resources, location and features of each service are those indicated at the time of purchase. For unmanaged VPS and servers, the Company provides the contracted infrastructure and the installation of the operating system available in its catalog or previously agreed with the Customer.
2.2. Unless an additional service is expressly purchased, the Customer is responsible for administering the operating system and its updates, users, credentials, firewall, applications, databases and internal backups. Guidance and one-off assistance with the initial setup do not imply permanent administration of the environment.
2.3. Additional interventions, migrations, configurations or restorations are carried out according to the scope and price previously communicated and, where applicable, accepted. Any free migration that is expressly included in the commercial offer purchased will be honored.
2.4. The software and hardware that the Customer uses to manage access to or maintenance of their site are the responsibility of the Customer and of the companies that market them. When the Customer requires a licensed operating system, they must provide the license and the installation image by digital means and are responsible for holding the corresponding usage rights. All software installed by the Customer must hold the respective license; upon a verification request from the software owner, the Company may suspend the service until the Customer proves their rights, and is not liable for the use of unlicensed software.
2.5. Services called “dedicated servers” may be provided under a hybrid model that combines hardware resources with a virtualization platform. The resources assigned, and whether they are exclusive or shared, are those indicated in the purchase of each plan.
2.6. Account, data and credentials. The Customer declares that the data they provide is truthful, complete and up to date, and undertakes to keep it current. The Company may require verification of the Customer’s identity, of the ownership of the payment method or of any information provided, and may suspend the service if it cannot verify them. The Customer is solely responsible for all activity carried out from their account, whether or not authorized by them, and for safeguarding their access credentials, including the administration credentials (root or administrator) of VPS and servers. Credentials are personal and non-transferable.
2.7. Acceptance and rejection of orders. The Company may reject, not activate or revoke the activation of an order, and may decline to renew a service with the notice provided in section 7.1, where there are signs of fraud, inconsistent data, risk to the security or stability of the infrastructure, prior breaches or other well-founded reasons. If the order is rejected before the service is provided, the amount paid for that order is refunded.
3. Acceptable use
3.1. The Company’s services may only be used for lawful purposes. It is prohibited to transmit, store or display information, data or material that violates the national, provincial or local laws of the Argentine Republic, including, among others, material that infringes copyright (Intellectual Property Law No. 11,723) or trade secrets, threatening or obscene material, and any illegal content or activity that may harm the Company’s infrastructure or any other Internet system.
3.2. Child sexual abuse material and any illegal sexual content (article 128 of the Criminal Code) are absolutely prohibited, as are sites or links that point to such content. The Company may report these events to the competent authority.
3.3. The following are also prohibited: sending unsolicited bulk messages (spam), “mail bombs”, attacks or intrusion attempts and other conduct classified as computer crimes (Law No. 26,388), uncontrolled advertising and any activity aimed at harming a user, a system or a group of Internet systems.
3.4. It is prohibited to use programs or practices that overload the operation of the infrastructure, as well as any abuse of resources. Legitimate intensive consumption of resources is not considered abuse in itself; it is assessed according to the service purchased and its impact.
3.5. The Company does not offer services intended for online game servers. It is not permitted to install, run or offer game platforms or servers (for example, Minecraft or Counter-Strike), whether for personal use or for resale, on any of the Company’s services. If such use is detected, the Company may suspend or terminate the service.
3.6. Cryptocurrency mining is prohibited on hosting, VPS and server services, unless expressly authorized in writing by the Company.
3.7. The services may not be used to resell, share, lease or provide third parties with Internet access or connectivity services, nor to operate VPNs, tunnels, proxies or similar services for those purposes, nor to circumvent the limits, restrictions or data plans of mobile telephone operators or Internet providers (including “http injection” techniques or equivalents). The use of a VPN for the Customer’s own private access to their resources is not covered by this prohibition.
3.8. The Customer must configure and secure the services they install so as to prevent their abuse by third parties (for example, open DNS resolvers, NTP servers, unauthenticated proxies, or memcached or databases exposed to the Internet). If a service is abused or generates abuse, the Company may block the IPs, ports or instances involved.
3.9. The Company has no obligation to monitor the Customer’s content and is not liable for it. The Customer declares that they hold the necessary rights and licenses over the content they host (including musical works, phonograms and software). Upon a well-founded report of abuse or of infringement of rights, the Company may remove or block the content, or suspend the service while it assesses the case. Reports are submitted by email to the support address.
3.10. In the event of a breach that can be remedied, the Company may notify the Customer of the event detected and require its correction within a reasonable period. Where there is an urgent risk to the security or stability of the infrastructure, of other customers or of third parties, or the content is manifestly unlawful, the Company may immediately adopt containment measures, including full or partial suspension of the service, and will inform the Customer as soon as possible. The seriousness or repetition of the conduct may result in termination of the service. Measures taken in response to a breach of these conditions do not give rise to any right to a refund or compensation.
4. Communications
4.1. Communications between the Company and the Customer are carried out by email. The Company sends operational communications (billing, due dates, maintenance, security, changes to the service conditions) to the email address provided by the Customer, who must keep it up to date and operational.
4.2. The Company may also send commercial communications about new services or improvements. The Customer may request to stop receiving them by means of a support ticket, without this affecting operational communications.
4.3. The disclosure of Customers’ email addresses is prohibited. Personal data is processed in accordance with the applicable personal data protection regulations.
5. Prices and payments
5.1. Payments are made in advance for each period, by any of the payment methods available. The proof of payment is the record of the service paid for.
5.2. Billing and payment documentation is digital and is sent by email. Failure to receive a payment order does not release the Customer from the obligation to pay on time; the Customer may request it by means of a support ticket.
5.3. The Company may change the prices and features of its services for future renewals and new purchases, with prior notice by email. The Customer may consult the current prices and their updates at any time in their customer panel or on the Company’s website. The prices for the period paid in advance remain unchanged, and changes are not applied retroactively to periods that have already been paid.
5.4. The Customer is responsible for knowing the due dates of their services and for verifying that their payments have been credited. Payments by transfer or deposit must be reported to the Company in accordance with the payment registration procedure; until they are credited and reported, they are not considered paid. Partial payments do not discharge the debt.
5.5. Disowning or charging back a payment without first having submitted a claim to the Company by ticket constitutes a serious breach and authorizes the immediate suspension or termination of the service and the claiming of the debt and associated costs.
6. Late payment, suspension, termination and deletion
6.1. Default occurs automatically upon expiry of the payment deadline (article 886 of the Civil and Commercial Code). Failure to pay on time may result in the following stages, whose periods are counted in calendar days from the due date:
| Delay | Action |
|---|---|
| 5 days | Suspension of the service. |
| 10 days | Termination of the service and deletion of the account and of the data hosted on the servers. |
6.2. Suspension, termination and permanent deletion of data are distinct measures. The Customer is advised to regularize their payment situation before the dates indicated and to retrieve in good time any information they need to keep.
6.3. Moving the Customer to another provider does not result in the automatic deletion of their services. While there are outstanding obligations, the stages described in this section apply.
6.4. The Company may agree in writing, in particular cases, to periods different from those indicated.
6.5. Basis for the measures. Suspension is the exercise of the right to withhold performance in the event of the other party’s breach (article 1031 of the Civil and Commercial Code). The parties expressly agree that failure to pay within the period indicated for termination terminates the contract (express termination clause, article 1086 of the Civil and Commercial Code), effective from the communication the Company sends by email, including automatic billing and late-payment notices.
6.6. The deletion of the account and data pursuant to this section is permanent. The Company has no obligation to keep or recover deleted information and the Customer may not make any claim in respect of it, within the legal framework of section 13.1.
7. Cancellation, renewal and refunds
7.1. Either party may terminate the service by giving prior notice to the other party, thirty (30) days before the end date of the last period paid by the Customer. The Customer must request cancellation by means of a support ticket, without prejudice to the cancellation channels that consumer protection regulations require to be made available (article 10 ter of Law No. 24,240).
7.2. Once the service has ended, access is disabled and the hosted data may be deleted. The Customer is responsible for retrieving their information before the end date.
7.3. Voluntary cancellation or a change to another service does not give rise to a right to a refund of amounts for periods already started or paid, or of items already consumed (for example, domain registrations, licenses, installations or work performed), except as provided in the specific contract or as recognized for the Customer by applicable law.
7.4. The renewal of each service is governed by what was stated at the time it was purchased.
7.5. Withdrawal. Where the Customer is a consumer and contracts at a distance, they may exercise the right of withdrawal within ten (10) calendar days counted from the purchase or from the activation of the service, whichever occurs last, under the terms of article 34 of Law No. 24,240 and article 1110 of the Civil and Commercial Code, without prejudice to the exceptions established by law. It is exercised through the channels the Company makes available in accordance with current regulations and, failing that, by means of a support ticket.
8. Technical support and ticket system
8.1. Help desk and support channel
The Company uses a ticket system to centralize support communications, keep the history of each incident and facilitate its follow-up and assignment to the relevant staff. The support channel is email: the Customer opens and replies to tickets by sending messages to the email addresses enabled for support. Tickets accept attachments within the file types and sizes permitted by the system.
All support requests are handled exclusively through tickets, so that there is a record of the request, of the instructions, of the authorizations and of the interventions carried out. The Company does not provide support via WhatsApp or other messaging applications. Although the Company has a telephone line, it is not a technical support channel: requests made by telephone or by other means do not replace the opening of a ticket, and whatever is agreed or indicated must be documented in the associated ticket.
Tickets received by email are logged at any time, which does not imply immediate technical attention at any hour.
8.2. Scope of support
Support for the base service covers incidents affecting the infrastructure provided. Failures of the Customer’s software, development queries and application administration are not part of this scope, unless specifically purchased. Technicians or developers intervene according to the service and scope purchased; having access to the help desk does not include software development or maintenance in all plans.
8.3. Business hours and automatic acknowledgment messages
Business hours are Monday to Friday, from 08:00 to 18:00, Argentina time, except public holidays. Nights, weekends and public holidays are considered outside business hours.
The ticket system sends automatic messages, generated by the system and neither written nor reviewed by a person: a) upon receipt of the ticket, an automatic reply confirming its receipt and stating that the Company will communicate any updates; and b) an automatic escalation notice, stating that the ticket has been escalated to be reviewed by a technician as soon as possible. The operational target, within business hours, is for the acknowledgment of receipt and the internal routing of the ticket to the relevant department to be generated within 30 minutes of its receipt by email.
These messages are automatic: they do not constitute a technical response, a diagnosis or human intervention on the substance of the incident. Their delay, absence or repetition does not constitute a breach by the Company nor give rise to any right to compensation.
8.4. Impact, urgency and priority
Priority is determined by considering the impact on operations and the urgency of intervention. Impact describes the extent of the disruption; urgency describes how long attention can wait before its consequences worsen. The initial classification is reviewed when new information appears or the disruption to the service changes.
| Impact | Description |
|---|---|
| Extensive | The incident prevents the main operation from continuing or the affected basic service from being provided. |
| Significant | Operations can continue, but relevant functions or areas are affected. |
| Moderate | The incident has limited scope and does not block the main operation. |
| Priority | Classification criteria |
|---|---|
| High — critical blocker | Interruption of an essential service within the contracted scope, with no viable operational alternative, requiring urgent intervention. |
| Medium — non-critical blocker or critical delay | Significant disruption with partial operation or a temporary workaround, or degradation that requires priority attention without total interruption. |
| Low — non-critical delay | Incident with limited impact that allows operations to continue. |
When opening the ticket, the Customer must describe the affected service, the symptoms, the time it started, the number of users or functions affected and, where they exist, the alternatives available. The Company determines the technical priority according to the information received and communicates relevant changes in classification.
8.5. Technical response targets following the initial analysis (infrastructure)
For incidents affecting the infrastructure provided, in addition to the automatic acknowledgment of receipt and the routing of the ticket described in section 8.3, the following operational targets are established for communicating an initial assessment of the incident and the next steps, according to its priority:
| Priority | Within business hours |
|---|---|
| High — critical blocker | Up to 2 hours |
| Medium — non-critical blocker or critical delay | Up to 4 hours |
| Low — non-critical delay | Up to 12 hours |
These periods correspond to a technical response following the initial analysis; they are not deadlines for resolving the incident or for delivering a definitive root cause analysis. They are counted within business hours, from receipt of the ticket by email, without restarting the count when it is assigned internally. If the analysis continues, the status of the investigation, the pending information and the next actions are reported.
Outside business hours, tickets are logged upon receipt of the email and are handled according to staff availability and the seriousness of the incident, with no committed deadlines.
These targets do not apply to contracted software, which is governed by the Annex and by what is agreed for each project.
8.6. Resolution
Resolution time depends on the cause, the complexity and the availability of the elements needed to intervene. Where possible, a recovery estimate is communicated and updated if conditions change. No fixed resolution time is established for all incidents.
The targets in this section organize support and do not give rise to credits or compensation; the availability of VPS and servers is governed by section 9. The specific conditions of a purchased service prevail over this general scheme in the matters they expressly regulate, within the applicable legal limits.
9. Availability and service credits
9.1. Efforts and absence of guarantee. The Company makes technical and operational efforts to maintain the availability of its services. It does not guarantee the continuous and uninterrupted operation of the services or of the Customer’s applications. This description does not exclude the obligations or rights arising from applicable legislation.
9.2. Target and scope. For contracted VPS and servers, the Company aims to achieve a monthly availability equal to or greater than 99.5% of the network and virtualization infrastructure it provides. This target does not apply to shared hosting, email, domains, software services or free or trial services. It is a management objective: it does not constitute a guarantee of results or a service level agreement (SLA), and its sole economic consequence is the credit provided for in this section.
9.3. Measurement. Monthly Availability is calculated over a month of 720 hours (43,200 minutes), subtracting the hours of Unavailability and dividing the result by 720, and is expressed as a percentage. Unavailability is defined as a continuous period of at least five (5) minutes during which the contracted instance is powered off or inaccessible from the Internet due to a failure of the network or virtualization infrastructure provided by the Company. Shorter periods are not counted. Unavailability is measured in actual minutes, from the moment the Company becomes aware of the failure, through its monitoring systems or the Customer’s ticket, until the service is restored, according to the Company’s monitoring records. Periods covered by the exclusions in section 9.7 are not counted.
9.4. Service credits. If the Monthly Availability of a service is below the target, the Customer is entitled to a credit, calculated as a percentage of the monthly fee of the affected service, excluding taxes, according to the following table. If the period paid is longer than one month, the monthly fee is the total paid divided by the number of months in the period. The maximum credit per service per month is equal to one (1) monthly fee of the affected service.
| Monthly availability | Cumulative unavailability in the month | Credit |
|---|---|---|
| 99.5% or more | Up to 3 h 36 min | No credit |
| From 99.0% and less than 99.5% | More than 3 h 36 min and up to 7 h 12 min | 5% of the monthly fee |
| From 98.0% and less than 99.0% | More than 7 h 12 min and up to 14 h 24 min | 10% of the monthly fee |
| From 95.0% and less than 98.0% | More than 14 h 24 min and up to 36 h | 25% of the monthly fee |
| From 90.0% and less than 95.0% | More than 36 h and up to 72 h | 50% of the monthly fee |
| Less than 90.0% | More than 72 h | 100% of the monthly fee (maximum) |
9.5. Request. The credit must be requested by means of a support ticket within thirty (30) calendar days after the end of the month in which the Unavailability occurred, indicating the affected service, the dates and times and the evidence available. Once that period has expired without a request, the credit lapses. To be eligible for the credit, the service must be up to date with its payments and free of outstanding breaches of these conditions. The Company determines whether the credit is applicable and its amount according to its monitoring and ticket records, without prejudice to the rights that the law recognizes for the Customer.
9.6. How it is applied. The credit is posted to the Customer’s account and applied to future invoices for the Company’s services. It is non-refundable, cannot be exchanged for money or transferred to third parties, and does not give rise to a right to reimbursement if the service ends before it is applied.
9.7. Exclusions. Unavailability is not counted, and does not give rise to a credit, where it is due to: a) scheduled maintenance communicated in accordance with section 10.2, and the emergency tasks described in section 10.3; b) causes beyond the Company’s control described in section 13.3, including denial-of-service attacks, intrusions and third-party failures; c) causes attributable to the Customer or its users, to its software, to the configuration or operating system of its instance, to the exhaustion of the contracted resources or to its equipment and connectivity; d) suspension, limitation or containment measures adopted in accordance with these conditions, and non-payment; e) breach of these conditions; f) the Customer’s failure to respond or to provide the information or authorization needed to intervene.
9.8. Hardware failures. Unavailability caused by a hardware failure of the infrastructure provided is counted in accordance with this section. This does not modify the provisions of section 13.5 on replacement of the component, nor does it imply a guarantee of a replacement time or of data recovery.
9.9. Sole compensation. Within the legal framework of section 13.1, the credit is the sole and exclusive compensation for lack of availability of the service, does not include data loss or other damages, and counts toward the limit in section 13.10.
9.10. Historical indicators and changes. Any historical availability indicators that may be published correspond to the period and scope expressly stated, and do not constitute a guarantee of future availability. The Company may modify or discontinue the target and the credit regime in this section by publishing an update of these terms and conditions on the Company’s website, and the changes apply to the periods following their publication. This mechanism applies to this section and is specific with respect to what is provided in section 1.2.
10. Maintenance
10.1. The Company may carry out maintenance tasks, scheduled or not, to preserve the security, stability and operation of the infrastructure, or because of a restructuring of its computing resources in order to improve the services. In such cases it endeavors to ensure that interruptions affect the Customer as little as possible.
10.2. Scheduled maintenance is communicated by email with the advance notice appropriate to the intervention. Urgent tasks needed to contain an incident may require immediate action; in that case their scope is reported as soon as possible.
10.3. In the event of critical vulnerabilities or security incidents, the Company may carry out restarts, blocks or emergency updates at any time and without prior notice, in order to protect the infrastructure and the services.
11. Network and data transfer
11.1. Unless dedicated connectivity is expressly purchased, connectivity is provided over shared network infrastructure and on a best-effort basis. This means that the available bandwidth is neither dedicated nor guaranteed, may vary according to network load and overall infrastructure utilization, and is subject to traffic management policies.
11.2. The maximum speed per instance, where the plan indicates it, is not equivalent to a dedicated or guaranteed throughput. Backbone capacity identifies the aggregate network infrastructure and not the speed available to each customer.
11.3. The service includes unmetered data transfer, meaning that traffic volume is not billed, subject to a fair use policy, under which:
- network use must be consistent with the type of service purchased;
- intensive use aimed at mass content distribution, continuous media streaming, content delivery networks (CDN) or equivalent services is not permitted without a specific purchase.
11.4. In the event of traffic that compromises the stability of the service for all customers, the Company may apply technical measures proportionate to the incident (throttling, prioritization or partial suspension) and inform the Customer of the reason. Where there is an urgent risk, containment may precede notification.
11.5. Where a plan is described as unlimited or as having no metering of a resource, its use is subject to fair use criteria and to the stability of the service. If consumption compromises it, the Company may require a change to a higher plan or service or adopt the measures described in the preceding section.
12. Backups, restorations and migrations
12.1. The Customer must keep independent backups of their site, server and data, and verify that they allow them to recover it. Any storage protection or redundancy mechanisms that the Company may use in its infrastructure do not constitute a backup for the Customer, do not guarantee the preservation of data and do not replace an independent backup strategy.
12.2. VPS and servers do not include backups, unless that service is expressly purchased, which must be stated in writing in the offer or in the purchase. When purchased, the data covered, the frequency, the retention and the restoration conditions are communicated, and the service does not extend beyond what is stated there.
In shared hosting, the Company may make backups of the platform for its own operational purposes. Their existence, frequency, retention and possible use to restore the Customer’s data depend on the service purchased and do not constitute an obligation to keep or recover data, unless the service expressly provides otherwise.
12.3. The possibility of restoration depends on the existence, integrity and compatibility of the available copies. Before a restoration, reinstallation or migration, the scope, the risks of overwriting and the necessary authorizations must be agreed.
12.4. At the Customer’s request, the Company may make copies, restorations or migrations of sites between servers, internal or external, with the scope and cost previously communicated where applicable. Given the variety and nature of the source and destination environments, a migration free of incidents is not guaranteed; therefore the Customer must hold their own prior copy and verify the result.
12.5. Unless a backup service has been expressly purchased, the Company does not assume any obligation to keep, recover or restore the Customer’s data. The Customer bears the risk of loss of information arising from not having their own copies; that omission is an act of the injured party under article 1729 of the Civil and Commercial Code, within the legal framework of section 13.1.
13. Liability and external causes
13.1. Legal framework. Each party is liable for the obligations incumbent upon it in accordance with the service purchased and the applicable legislation. These conditions are entered into in the exercise of freedom of contract and are binding on the parties (articles 958 and 959 of the Civil and Commercial Code). The exclusions and limitations of liability in these terms apply to the extent permitted by article 1743 of the Civil and Commercial Code (which invalidates clauses that affect non-waivable rights, run contrary to good faith or mandatory laws, are abusive or exempt from liability for damage caused with intent), article 988 of the same Code for adhesion contracts and, where the Customer is a consumer, article 37 of the Consumer Protection Law No. 24,240. In that case, the limitation applies to the maximum extent those rules allow, and any part found invalid does not affect the rest (article 389 of the Civil and Commercial Code). This section is referred to as the “legal framework” in the rest of these conditions.
13.2. The Customer is responsible for the content, credentials and configurations under their administration, and must ensure the proper use of the service by their own users.
13.3. The Company is not liable for interruptions or deficiencies in the service whose cause is beyond its reasonable control, to the extent that they do not result from its own breach, such as:
- viruses or malicious software on the Customer’s systems, denial-of-service attacks (DoS or DDoS) and unauthorized intrusions, and other conduct that may be classified as a computer crime;
- fortuitous events or force majeure (article 1730 of the Civil and Commercial Code), emergencies, natural disasters, acts of authority, armed conflicts or economic-financial crises;
- acts of third parties for whom the Company is not responsible (article 1731 of the Civil and Commercial Code), such as criminal acts, sabotage, damage to facilities or telecommunications interruptions;
- labor union actions;
- failures or interruptions of Internet connection providers, electricity suppliers, interconnection nodes, data carriers or other intermediate networks over which the Company has no control;
- Customer devices or software that are unsuitable for the application developed;
- inclusion of the Customer’s server IP in blocklists (blacklists) because of the use that they or their users make of the service.
13.4. The intervention of third parties does not constitute an automatic exemption from liability for the Company’s own actions.
13.5. In the event of a hardware failure of the infrastructure provided (power supplies, motherboards, processors, memory, disks or other components), the Company is limited to repairing or replacing the defective component with another of equivalent or superior quality and performance, at no additional cost to the Customer and, where applicable, reinstalling the operating system, within a reasonable period and without any specific time being guaranteed. Within the legal framework of section 13.1, the Company is not liable for loss of data, interruption of the service, loss of income or damage to reputation arising from the failure, without prejudice to the credit described in section 9. Data recovery depends exclusively on the backups that the Customer has maintained or purchased, in accordance with section 12.
13.6. The Company is not responsible for the content of its Customers’ sites and services.
13.7. Limited compensation. Within the legal framework of section 13.1, the Company is not liable for direct or indirect damages, loss of profits, loss of income, customers or business opportunities, damage to reputation, or loss or alteration of data arising from the absence, interruption or deficiency of the service. The only compensation payable by the Company is that expressly provided for in these conditions: a) the service credit described in section 9, up to a maximum of one (1) monthly fee of the affected service; b) the repair or replacement of the component described in section 13.5; and c) the refund of amounts paid for services not provided or for rejected orders (section 2.7), as well as whatever the law recognizes for the consumer Customer. These limitations do not extend to damage caused with intent by the Company.
13.8. The obligations arising from these terms are assumed exclusively by the Company. No natural person who is part of, manages, administers or works for the Company assumes personal liability toward the Customer for them, except as otherwise provided by law.
13.9. The Customer shall hold harmless the Company, and those who are part of, manage or work for it, against claims, penalties, damages and expenses (including reasonable fees) arising from the content hosted by the Customer, from the use that they or their users make of the service, from the breach of these conditions or from the violation of third-party rights or of the law.
13.10. Cap. Within the legal framework of section 13.1, the Company’s total liability to the Customer for any cause related to the service shall not exceed, per event or series of related events, the equivalent of one (1) monthly fee of the affected service, calculated in accordance with section 9.4. The service credits described in section 9 count toward this cap. The refund of amounts paid for services not provided or for rejected orders does not count toward the cap.
13.11. Where the Customer resells or provides the service to third parties, the Customer is solely responsible toward them. Those third parties have no contractual relationship with the Company or right to claim against it, and the Company does not provide them with support.
13.12. The Customer is responsible for the personal data they host or process through the service and for complying with the applicable regulations, including the Personal Data Protection Law No. 25,326. The Company only accesses the Customer’s content when necessary to provide the service, safeguard security or comply with a request from a competent authority, and is not liable to the Customer for the cooperation provided in that context.
14. Respectful treatment and age of majority
14.1. The Company addresses the Customer in a respectful and courteous manner, and expects the same treatment toward its staff. In the event of aggressive, offensive or abusive conduct, the Company may warn the Customer, restrict the support channels and, in serious or repeated cases, terminate the service, without prejudice to the rights that the law recognizes for the Customer.
14.2. The Customer declares that they are over 18 years of age. If they are not, they must appoint a co-holder who is over 18.
15. Special agreements and amendments
15.1. These conditions, together with the specific conditions of the service purchased, constitute the applicable agreement between the Company and the Customer.
15.2. Any special agreement that modifies or makes an exception to these conditions for a given Customer must be in writing and expressly confirmed by a person with authority to do so at the Company.
15.3. The updating of the general conditions by the Company is governed by section 1.
15.4. The Company’s records (tickets, emails, and system and monitoring logs) constitute valid evidence between the parties, unless proven otherwise.
16. Domains
16.1. The registration, renewal and transfer of domains are carried out through registrars and registry authorities that are separate from the Company and are also governed by their own rules and deadlines. The Company does not guarantee the availability of a name or the acceptance of a registration, and is not liable for delays, rejections or decisions of those entities.
16.2. The Customer is responsible for keeping their domain current, for managing its renewal before expiry and for knowing the applicable recovery rules. Failure to renew may result in the loss of the domain, without liability for the Company.
16.3. The Customer declares that the registrant data is truthful and that they have the right to use the registered name. That data may be published or reported according to the rules of the registry authority. False data or use of the name in violation of third-party rights may result in the suspension or cancellation of the domain.
16.4. Domain registration and renewal fees are non-refundable once processed with the registry.
17. General provisions
17.1. Severability. If any provision of these conditions is declared invalid or unenforceable, the remainder continues in force and the affected provision is construed in the manner closest to its purpose that the law permits (article 389 of the Civil and Commercial Code).
17.2. No waiver. The Company’s failure to exercise a right does not imply a waiver of it.
17.3. Assignment. The Customer may not assign or transfer the service, the account or their credentials without the Company’s written authorization. The Company may assign or transfer its contractual position to a related company or successor (article 1636 of the Civil and Commercial Code), notifying the Customer.
17.4. Notices. The email address provided by the Customer constitutes their electronic address for service, and notices sent to it are considered validly served; the electronic medium satisfies the requirement of written form (article 286 of the Civil and Commercial Code). The Customer must keep it operational and up to date. Communications from the Customer to the Company are made by support ticket.
17.5. Governing law and jurisdiction. These conditions are governed by the laws of the Argentine Republic. For any dispute, the parties submit to the ordinary courts seated in the Autonomous City of Buenos Aires, without prejudice to the jurisdiction that article 36 of Law No. 24,240 recognizes for consumers.
Annex: contracted software
This annex applies only when the Customer purchases software development or maintenance. It does not extend the base hosting, VPS or server service.
Software support comprises the assessment and correction of reproducible incidents in the development covered and the handling of security issues within the contracted scope. It does not imply a guarantee that there are no errors or vulnerabilities whatsoever. New features, extensions, integrations and changes of scope are assessed and quoted separately, unless expressly included.
Third-party or Customer platforms, infrastructure and services that are not included in the maintenance remain the responsibility of their administrator. Where an incident depends on those components, that dependency is communicated together with the information needed to coordinate its handling.
In projects that include prototypes, the necessary access and instructions are provided by email or ticket. Prototypes and deliverables are presented according to the agreed milestones for evaluation or approval. Requirements, requested changes and approvals are documented by digital means in the ticket or project record. Access to a prototype is not equivalent to its acceptance or to authorization for production use.
Anti-spam policy
The Company prohibits its Customers and users from using the email service it provides in a manner that infringes the following anti-spam provisions. The purpose of this policy is to specify the prohibited spamming conduct, meaning the sending of unsolicited, bulk, indiscriminate or illegal emails that affect the rights of third parties (SPAM, UCE).
Email acceptable use policy
- The recipient of a commercial or advertising email must have previously accepted or requested to receive it. It is an essential obligation of the sender that the recipient can revoke their consent at any time; to that end, whoever benefits from the advertising must provide simple, free-of-charge procedures and make them known.
- The sender of an email must identify themselves (full name or full company name) for the recipient’s information.
- If promotional offers are made by email, the requirements of current legislation (Consumer Protection, Fair Trade, National Lottery, etc.) must be met and the conditions for participating in the promotional offers or prize draws must be stated.
- Sending by email advertising or commercial notices not previously requested by the recipient is prohibited.
- When the commercial advertising mentioned in the preceding paragraph is sent with prior consent, it is an essential obligation to identify it in the subject line (“Subject”) with the legend “ADVERTISING”.
- It is expressly prohibited to use another site’s mail server to relay mail without its express permission (relaying).
- It is prohibited to provide services that, directly or indirectly, facilitate the proliferation of spam, including mailboxes, spamming software and hosting of websites intended for spamming or that engage in it.
- The Customer must adapt to the new email usage policies that the Company notifies or publishes on its website, to the national and international legal provisions in force and to the customs and practices generally accepted on the Internet.
- The messages contained in emails may not be contrary to public order, morality, good customs or the customs and practices applicable on the Internet, and must respect the personal rights of third parties.
- Hosting or housing Customers are prohibited from engaging in conduct contrary to this policy, from being promoted or advertised through the improper use of email, or from reselling or subcontracting the Company’s service to third parties who engage in such conduct. A Customer who wishes to resell or subcontract these services must obtain written authorization from the Company for each new customer. The hosting or housing Customer is answerable to the Company for the conduct of their own customers and is subject to the procedure described in the following paragraph.
- Procedure for improper use of email: when the Company detects that a Customer or user is making improper use of email, directly or indirectly, or is transmitting or is linked to bulk, indiscriminate, annoying and unsolicited mail (spamming) that affects the rights of third parties or of the Company, it will serve notice once only, validly by email, to the address provided when the service was activated, on pain of suspending the service and terminating the contract if the conduct is not remedied within forty-eight (48) hours, counted from the sending of the notice. Exceptionally, in the event of serious or urgent reasons, such as conduct that affects public order, current legislation or Internet customs and practices, or that seriously harms the Company or third parties, the Company may suspend the service immediately and will inform the Customer as soon as possible. The Company may claim the damages it proves it has suffered because of the prohibited conduct.
- Spam sent through servers outside the Company to advertise sites hosted with it is considered internal spam, and the Customer or user is subject to the procedures described above.