PROCOM TERMS AND CONDITIONS OF SERVICE
The following rules contemplate the terms and conditions under which Profesionales de Cómputo Procom SA (hereinafter “PROCOM”) provides its web hosting or internet site hosting services, electronic billing through the mifacturasegura.com portal, billing solutions or point of sale hardware to your customers. Accordingly, any natural or legal person who contracts or uses any of PROCOM's services, hereinafter "THE CLIENT", has accepted the following conditions without the need for the existence of a written contract between the parties:
1. Acceptance by THE CUSTOMER
Prior to contracting any product and/or service, THE CUSTOMER must accept all the terms included here as a necessary condition for their provision.
In this sense, any natural or legal person who requires a product or service provided by PROCOM will be subject to the provisions established here, along with those complementary or accessory guidelines dictated by PROCOM, made known to customers through the site www. procom.cr; and those that arise from the different national and international legal regulations whose application corresponds.
When the CLIENT does not accept, or does not agree with the provisions indicated in the preceding paragraph, PROCOM will not be obliged to provide the products and/or services offered.
In addition to these terms and conditions, each service or product may provide for particular provisions regulated in a written or unwritten contract, to which those who use these services or acquire such products must be subject. These documents may complement, modify, or delete part of what is provided here, with the conditions of the written contract prevailing at all times when it exists.
1.1. Legal capacity to contract:
Only natural persons with the capacity to act and who can validly issue their consent for the execution of contracts may acquire the services provided by PROCOM. Those who do not have this capacity may only contract through their legal representatives, who will be considered responsible for all acts carried out for the benefit of the incapacitated persons in their care.
If acting on behalf of a legal entity, THE CLIENT must have sufficient powers to contract on behalf of the entity invoked and to bind it under the terms of this contract. If THE CLIENT does not have such powers, or acts in excess of them, it will be understood that he has also committed himself in a personal capacity, and will therefore respond under such conditions to PROCOM and third parties.
1.2 Personal information:
For the purposes of contracting the services, the information provided by THE CLIENT must be reliable and will have the character of a sworn statement. When the information provided is false or inaccurate, THE CLIENT will be considered to have breached the service contract, being responsible for all damages suffered by PROCOM and/or any third party as a result of such lack of truthfulness.
It is the CUSTOMER's responsibility to keep their personal information recorded in the registry updated as necessary, and must notify PROCOM whenever changes occur in relation to it.
PROCOM reserves the right to request any proof and/or additional data in order to corroborate THE CLIENT's data, as well as to temporarily or permanently suspend the services of those customers whose data could not be confirmed.
THE CLIENT will be responsible for all operations carried out through his account, and must notify PROCOM immediately and by suitable and reliable means of any unauthorized use of his account, as well as entry by unauthorized third parties into it.
In all cases, the personal information provided by THE CLIENT to PROCOM will be subject to adequate treatment and preservation, safeguarding its privacy.
2. Acceptance by PROCOM:
PROCOM reserves the right to accept or reject, at its sole discretion and without the need to invoke any cause, the service requests it receives from potential clients through the web forms created for this purpose. It will be understood that the request for services has been accepted when THE CLIENT receives, via email, a confirmation of said acceptance from PROCOM. The silence, the absence of notification to the eventual client, or the express rejection of the request for services by PROCOM, will imply that there is no formation of any contract between THE CLIENT and PROCOM, ceasing any legal effect arising in view of the same, and the parties expressly waiving any judicial or extrajudicial claim that may arise from said circumstance.
2.1 Activation of the account, license, products or services contracted
Once the service request is accepted by PROCOM, THE CUSTOMER will receive the details of their purchase by email within the next 72 hours.
3. Usernames and Passwords:
THE CLIENT will have, in cases of purchasing PROCOM cloud services once their account has been validated, a username and password that will allow personalized, confidential and secure access to their personal account within their web hosting service. . The services provided by PROCOM have been designed for the personal use of the CLIENT, so the username and password to access the account, granted by PROCOM, may only be used by THE CLIENT. THE CLIENT will assume the obligation to save and safeguard under his/her sole responsibility his/her username and password to access the account, as well as the passwords related to emails, FTP accounts, database, additional users, etc., and must inform immediately to PROCOM when they have lost their confidentiality status.
4. Of the Services provided via the cloud in general:
The cloud service (webhosting, crm or electronic billing) provided by PROCOM constitutes a set of facilities that allow storing information, sensitive data, images, video, web page files, or any content accessible via the web, on the servers to that effect provided by PROCOM.
The main benefits promised by PROCOM in its web hosting service are basically:
Location of a limited data storage space, on servers permanently connected to the Internet, which will be allocated to THE CLIENT.
• CLIENT's remote access to the servers in order to manage their account, through the CPANEL control panel.
• Technical support by telephone or email, 24 hours a day, every day.
• Webmail, spam filtering.
To these benefits are added those that respond to the characteristics of the contracted plan.
PROCOM will make the information and files that are stored by THE CLIENT in the space granted accessible through the Internet. In no case will PROCOM supply or provide THE CLIENT or third parties with the necessary connectivity so that they can access the system from their respective location. The Internet access facilities of THE CLIENT or third parties will be at the exclusive discretion and charge of these, and in no case may responsibility for the proper functioning of these services be transferred to PROCOM.
5. Of the services provided in the cloud in particular:
The services are divided into different plans according to the benefits and characteristics offered, which may be selected by THE CUSTOMER according to their needs.
6. Acceptable Use Policies of the services (AUPs):
The services offered by PROCOM may be used by THE CLIENT exclusively for lawful purposes, expressly prohibiting the transmission, storage or presentation of Information that violates the provisions of current national or international legislation, harms the rights of third parties or promotes any activity contrary to morality. and good customs, whether produced directly or through the presentation of links to other websites.
6.1 PROHIBITED USE of the services:
In accordance with the provisions above, any use of the services that has the direct or indirect result of harming the rights of third parties, contravening the legal order or constitutes a practice offensive to public modesty, will be considered a PROHIBITED USE of the services, as long as it transgresses the purposes for which it was provided.
PROHIBITED USE will be considered, among others, the fixation, propagation, and reproduction of information, expressions, messages, photographs, images, computer files, links to web pages, and any other element, current or developed in the future, that :
• Are offensive to the very personal rights of individuals, with special reference to the right to honor, dignity, privacy, not to be subject to discriminatory treatment, health, image, and the free expression of ideas ; with absolute independence of the legal body where such rights acquire recognition.
• Infringe upon third-party intellectual property rights.
• Has inappropriate content.
• Is intended to violate the security, or normal functioning of the computer systems of PROCOM or third parties.
• Induce, instigate or promote criminal, illicit, dysfunctional or morally reprehensible actions.
• Promote discrimination or hatred based on race, origin, sex, religion, political inclinations, social condition, economic condition, etc.
• Includes or enables access to material that is illegal, prohibited by law, risky, offensive, harmful, obscene or that is otherwise morally reprehensible.
• Its purpose is to collect information from third parties in order to send them advertising or propaganda of any type or kind, without it being expressly requested.
• Its purpose is to collect information in order to send advertising or propaganda of any type or kind, without it being expressly requested.
6.2 Email:
The CLIENT undertakes to use the email service provided, within a framework of adequate reasonableness, without engaging in its abusive use. It will be abusive use among other things: that which harms third parties or affects the quality of service provided by PROCOM; the use of the virtual mail server and addresses for the purposes of spamming, spoofing, trolling, mailbombing and/or any other similar purpose. Spam is understood to be the massive sending of unsolicited email, without taking into account the characteristics of its content (advertising, propaganda, sales, information, etc.).
THE CUSTOMER may not use PROCOM's network resources to impersonate another person or falsify authorization to act on behalf of others or PROCOM. All messages transmitted via PROCOM must identify the sender correctly; THE CUSTOMER and its users cannot alter the attribution of origin of email messages.
6.3 Systems or database violations:
Any action or use of devices, software, or other instruments aimed at interfering both in the activities and operations of PROCOM, as well as in the accounts or databases of other clients, is illegal. Any interference, attempt or activity that violates or is contrary to the laws on: computer crimes, confidentiality of information, protection of personal data, inviolability of communications, intellectual property, and/or the prohibitions stipulated in this document will make the person responsible liable for the pertinent legal actions, and the sanctions provided for by this agreement.
6.4 Intellectual property of third parties:
THE CLIENT may under no circumstances, through the use of any of the services that PROCOM makes available, carry out actions that imply the violation of the rights that make up the intellectual property of third parties. In that order, the fixation, dissemination and reproduction of material protected by copyright, by an invention patent, by a utility model, by trade secret, etc. Without express authorization from the owner of the rights, it will be considered PROHIBITED USE, and will make THE CLIENT who has infringed such rights fully responsible for all damages and losses that the owner may experience, keeping PROCOM harmless from any impairment. that has been suffered as a consequence of the claims filed by the owner of the violated intellectual property rights.
7. Changes and Modifications:
PROCOM may introduce all changes and modifications that it deems appropriate at its sole discretion, on these terms and conditions, and/or on the services and/or the way in which they are provided, at any time and without prior notice, the sole publication of the changes made on the site www.procomtechgroup.com. To this end, THE CLIENT must periodically enter said site and become aware of the modifications. In the event that THE CLIENT does not agree with the modifications, they must communicate their rejection by email within 10 days of their publication on the site or receipt of the communication to THE CLIENT; In this case, the link will be dissolved and your account will be deregistered. Once the 10-day period has expired without THE CUSTOMER expressing its rejection, it will be considered that it has accepted without reservation the changes made.
8. Availability of web hosting, CRM and electronic billing services:
PROCOM makes its best efforts to maintain and improve the quality of its services, however it does not guarantee the continuous and uninterrupted provision of its services. The computer systems on which the web hosting services depend may eventually be unavailable due to technical difficulties or connectivity failures, or due to any other circumstance beyond the control of PROCOM. For its part, THE CLIENT recognizes and accepts that viewing and accessing the Internet sites, applications and/or files hosted in the space provided by PROCOM is only possible thanks to the resource infrastructure of third parties such as suppliers. Internet connection providers, software and hardware providers, interconnection nodes, data carriers, electricity providers, etc., over which PROCOM has no control. Accordingly, THE CLIENT expressly renounces claiming any repair based on the subjective or objective responsibility of PROCOM for failures, slowness, and/or errors in access and use of the service, due to connectivity, communications, failures or breakdowns. in computer systems or other possible contingencies.
Nor will PROCOM be responsible in the event of interruption of the service or deficiencies in its provision when this is a consequence of:
– failures caused by computer viruses, Dos or DDoS attacks, unauthorized intrusion into computer systems, and any other circumstance that may be classified as a computer crime.
- Fortuitous event or force majeure.
– acts of cyberterrorism according to the scope given to the definition by the UN
– Criminal acts of third parties, such as sabotage, damage to facilities, interruption of telecommunications,
– government acts, emergencies, natural disasters, economic and financial crises, war.
– strike or other union force measures
8.1 Up Time:
Without prejudice to what is established in the preceding point, PROCOM will try to achieve, under normal conditions, a monthly availability of 99.5% of its service. This degree of availability will be average monthly and will be calculated and determined exclusively by the monitoring systems of PROCOM or third parties contracted by PROCOM. If the indicated level is not reached due to circumstances whose direct and immediate responsibility falls on PROCOM, THE CLIENT will, at its request, have the right to a bonus on the service charge for the month following the one in which an uptime of less than 99,5 is registered. 5%; which will be calculated according to the uptime actually recorded, and in no case will it give rise to compensation greater than XNUMX% of the monthly payment for the contracted services.
8.2 Scheduled maintenance tasks:
Occasionally PROCOM may temporarily interrupt the storage of the Information on its Servers, or the availability of the same by Internet users, for security reasons, or due to restructuring of PROCOM's computer resources, aimed at improving its services. storage and making available of Information through the Internet. In such case PROCOM will ensure that such interruptions minimally affect THE CUSTOMER. PROCOM will not be liable for any damages caused by such interruptions, if these have been previously communicated to THE CUSTOMER.
9. Domains:
Domain names registered by PROCOM are registered as the property of PROCOM; However, the formal owner of the domain is THE CUSTOMER, who may request at any time, at his or her own cost and risk, to change the administrative and technical contacts, as well as the transfer code. Domains that are transferred by THE CLIENT to another registrant will not be included in the renewal of the Hosting Plan and THE CLIENT will be solely responsible for said action and all its procedures. Likewise, the renewal of the domain by THE CLIENT will not entail a discount of this amount in the renewal of the hosting. In the event of termination of the service contract for any reason, THE CLIENT will be solely responsible for the domain and its transfer and renewal.
PROCOM is not responsible for delays in domain registrations and DNS transfers caused by third parties or THE CUSTOMER.
10. Backups or backup:
PROCOM informs THE CLIENT that, since the information and other files are in computer systems, these under certain conditions, or as a result of certain actions, may collapse or fail, and as a result, total or partial losses may occur in the information and files. THE CLIENT. Consequently, THE CUSTOMER expressly acknowledges that the use of the service is at their exclusive risk, assuming full responsibility for periodically making backup copies of the files and/or information that resides in their account. PROCOM will not be liable in any case for losses caused by the deficiency or non-existence of backup copies.
Without prejudice to the obligations assumed by THE CLIENT, PROCOM will endeavor to make its own backup copies, but in no case does it guarantee the total replacement of the information and/or files in THE CLIENT's account.
11. Responsibilities:
11.1 Guarantee of legality:
PROCOM does not carry out audits on the content of THE CLIENT's sites hosted on its servers. Consequently, THE CLIENT guarantees that in no case the data hosted on PROCOM's servers They will contain material that affects the rights or guarantees of third parties, recognized by national and international laws, whether personal, very personal, patrimonial or any information that is considered illegal under Costa Rican legislation.
11.2 Responsibility for hosted material:
THE CLIENT declares to be solely and fully responsible for the Information published through PROCOM services, as well as for all the activity generated on its website. THE CLIENT guarantees that he is the owner of the stored information or that, in any case, he has the corresponding authorization to disclose the Information over the Internet. PROCOM will not be liable jointly, subsidiary, jointly or alternatively, as a consequence of the violation of copyright, intellectual property, trademarks, trade names, patents and designs corresponding to third parties, for the material and information existing on THE CLIENT's website. , THE CUSTOMER being the only person responsible.
Responsibility for the data, files or programs hosted by THE CLIENT on the server is exclusive of THE CLIENT. In the event that any cause subject to legal sanction is incurred, PROCOM may terminate this contract unilaterally without prejudice to the legal actions it may take for the damage caused.
11.3 Responsibilities in the administration of electronic communications:
Please note that the services provided to THE CUSTOMER include functionalities such as webmail, mail server, spam filtering (anti filter), redirection of email addresses, or, where appropriate, the hosted sites may include communication facilities. such as instant messengers, electronic message centers, communications through private electronic messages, among others and without this list implying a limitation, THE CUSTOMER acknowledges and accepts that PROCOM will have the possibility of controlling the messages that in any of the suggested ways, may take place in relation to communications directed towards THE CLIENT, or from THE CLIENT towards third parties. In that order, THE CLIENT grants express authorization, on an irrevocable basis while the contractual relationship remains in force, to monitor, supervise, intervene, suspend or interrupt their electronic communications for the purposes of filtering spam, email that incorporates a computer virus. or harmful code, spyware, malware, or any other type of circumstance that in principle and on a preventive basis is identified as dangerous, potentially dangerous or unwanted by PROCOM, as well as for carrying out hardware or software maintenance or updating tasks. .
Given the nature of the tasks to be carried out, PROCOM commits its best efforts to adequately fulfill them, however it does not guarantee that such tasks will completely eliminate spam mail, viruses or the other circumstances indicated, nor does it guarantee that in The performance of these tasks cannot affect electronic communications that are legitimate or desired by THE CLIENT.
12. Sanctions. Suspension/interruption of service:
Without prejudice to other measures it deems appropriate, PROCOM will warn, temporarily suspend or permanently disable THE CLIENT'S account if:
a) Any law, the rights of a third party, public order, morality and good customs, or any of the stipulations of this contract, or the stipulations published on the website www.procom.cr, relating to the services provided.
b) Any authority notifies PROCOM that the content of the information published by THE CLIENT could be illegal or harmful to the interests of third parties, in which case PROCOM reserves the right to suspend the service without prior notice.
c) A third party informs PROCOM that the content of the information published by THE CLIENT affects its rights.
d) THE CLIENT fails to comply with its contractual obligations.
e) THE CLIENT incurs, at PROCOM's discretion, in malicious or fraudulent conduct or acts.
f) The identity of THE CLIENT could not be verified or any information provided by the CLIENT was erroneous.
13. Payment and billing for services:
THE CUSTOMER will pay PROCOM the subscription charges and the monthly charges, hereinafter jointly “the Price”. Subscription charges, if any, may be invoiced from the date of signing hereof. The obligation to pay the charges is independent of THE CUSTOMER's use of the service.
13.1 Of the price:
The subscription charges and monthly charges are those published on the website www.procomtechgroup.com in accordance with the Plan chosen by THE CUSTOMER.
13.2 Payment on time:
Invoices issued by PROCOM must be paid by THE CLIENT before their respective due dates for payment to be considered on time. Any claim related to the invoiced concepts must be filed by THE CUSTOMER before the expiration date of the invoice in question.
13.3 Non-payment:
Failure to pay within the agreed period will be considered automatic default by THE CLIENT, without any communication being necessary from PROCOM. Said late payment will generate interest payable by THE CUSTOMER according to the rate established on the invoice.
Likewise, non-payment of any of the charges attributable to THE CLIENT will entitle PROCOM to terminate this contract by canceling all services provided. Termination of the contract for this reason will not release THE CLIENT from the amounts owed at the time it occurs.
13.4 Modifications and validity of the price:
Price modifications will be notified to THE CLIENT by publishing the new price on the site www.procomtechgroup.com, www.facebook.com/procomtech and www.procom.co.cr or by email, fax, or any other means. writing used for this purpose.
14. Partial Nullity:
The nullity, voidability or judicially declared illegality of any of the stipulations of this contract will not affect the validity, legality and enforceability of the other unquestioned stipulations.
15. Jurisdiction and Applicable Law:
This agreement will be governed in all its points by the laws in force in the Republic of Costa Rica. Any controversy arising from this agreement, its existence, validity, interpretation, scope or compliance, will be submitted to the ordinary courts of the First Judicial Circuit of San José, Costa Rica.
