Payment of Services

Terms and Conditions by Service

Shared Hosting

The present document contains the contracted terms, conditions and restrictions that govern the use of the system and services that HOSTING.CL Ltda., in future HOSTING.CL, lends their clients.

For all the legal effects, the present document totally governs the relations between the parts once accepted by the CLIENT in the webpage of HOSTING.CL, these “Terms and Conditions?, clicking where the option is offered.

1. - Obligations of HOSTING.CL

HOSTING.CL will have to give fulfillment to the following obligations:

A) To serve to the CLIENT contracted, that is to say, to give the space stipulated in the plan selected by the client so that its information via protocol FTP can raise (abbreviations in English of File Transfer Protocol, ‘File transfer protocol’), as well as to create accounts of post office according to the number maximum supported by its plan and to connect both services to Internet by means of the IP IP.

B) The confidential information of which it takes knowledge HOSTING.CL, as a result of the benefit of the services that gives to account the contract, is of exclusive property of the CLIENT. Consequently, HOSTING.CL will not be able to disclose to third parties this information, except for express written authorization of the CLIENT.
This obligation will be extensive for all the employees of HOSTING.CL
The restrictions of use and revelation of the information and, therefore, the obligation of confidentiality of the same will not be applicable to that one part of the Confidential Information that:
1) To the date of the revelation, the information already era of public domain.

2) If HOSTING.CL or their representatives validly will be required or notified by a Court of Justice or a governmental or administrative authority, to reveal the existence and/or content of the confidential information. In the event that this happens HOSTING.CL will have to inform in writing to the CLIENT, to taking more within the fifth day of the requirement.

C) HOSTING.CL guarantees an annual time of uptime, that is to say, the operation of the granted service, that is to say the connection to the Internet network.

D) All the shared plans of hosting have parameters obstacles to protect the fall of the servers by sobreconsumption.

2. - Responsibility of the Client
It is responsibility of the CLIENT the definition and establishment of the levels of protection and defense of the data by means of the use of keys or passwords, establishment of profiles of access security, which are infused in their applications, to which the HOSTING.CL personnel does not have access.

The computer equipment is tools for the data processing that by their nature are subject to possible faults, or by own operation or in its programs. Therefore the CLIENT will have to take the usual preventive measures in the computer activity to maintain endorsed all their information, as well as to count on the necessary comfort for the execution of his processes.

The CLIENT will be direct and exclusively responsible for the efficiency of the personnel who operates its technological infrastructure.

The CLIENT is the person in charge to maintain a backup copy of all the content that raises or generates in Internet, for which HOSTING.CL makes their available the alternative automatically to lower backups (endorsements of information) daily to their computer from their Control Panel, denominated Cpanel, excepting the plans ASP (Pages Active Server) in which the CLIENT must lower his backups by means of protocol FTP or basic console of data, according to it is the case.

The user will make sure not leaving folders, directories and/or archives with permissions 777 of total access in their account of hosting, to assign permissions 777 to any folder, directory and/or file will allow the interference in the servant of possible attackers with aims of interruption of services and/or destruction of contents.

The user will make sure to maintain updated all scripts installed in his account of hosting with the most recent version of the same, to avoid vulnerabilities and/or intrusions in the servant.

3. - Payment, validation of payment and policies of return

The CLIENT will pay to HOSTING.CL by served according to the accepted form and value at the time of completing the form Web in the request on watch.

In the eventuality that the Client opportunely does not pay to the value of the services or not it report according to the instructions given and detailed via mail, Prism-Web is authorized to eliminate these services of our servers and to give by finished the contract.

The payment options will be sent via mail to the contacts authorized. Following the type of payment, the corresponding instructions will be given. Also a can enter directly: https://www.prism-web.com/pago-servicio-hosting.php where it will find the detail of how to make his payment and the steps follow to validate it.

The fact to send an email on the part of some banking institution to some of our directions will not be considered as valid notification.

Prism-Web does not carry out any type of reimbursement although the Client decides to give by finished the contract before the date of victory of the same, except in the first 30 days of contract of the service.

Prism-Web will not accept another form of payment as Valevistas, Checks for retirements in office or payment in our dependencies.

4. - Term
The term of duration of served by HOSTING.CL is of a year and will begin to govern from the acceptance of these terms and conditions on the part of the CLIENT.

The services offered by HOSTING.CL are of defined term, therefore, they are not susceptible of renovation. Any modification of the services or delay of the same will be matter in a new agreement, with new conditions, between the CLIENT and HOSTING.CL.

5. - Limitations to the responsibility
With respect to all those circumstances in that the CLIENT must right to demand of HOSTING.CL damages, independent of the foundations or their nature, it is a reclamation of contractual character as extra-contractual, that is by reclamations or demands on the part of third parties against the CLIENT, this one will have to demonstrate convincing the HOSTING.CL responsibility. In any case the damages will be limited only the direct damages and emergent damage, excluding specifically from the same the indirect damages and the dismissed profit, and also this indemnification will be limited a maximum amount the same to indeed phelp to HOSTING.CL by the CLIENT in the three months previous to the last payment. That is to say, the limit before indicated represents the maximum amount by which HOSTING.CL will be responsible.
Despite the established thing precedingly in this clause, HOSTING.CL will not be responsible under circumstance some and will be excluded from the obligations established in the letters a) and c) of number 1 of this document, in anyone of the following cases:
A) Badly use on the part of the CLIENT or third parties of the technological infrastructure of the CLIENT or their programs.
B) You cut of Suministro Electrical, caused by the electrical companies.
C) Fires in our dependencies other people's to our responsibility.
D) You cut of National or International connections provided by companies suppliers of Internet.
E) Badly Use of the access accounts. HOSTING.CL forces to their clients by security to have an endorsement of all the information who maintain in our servers.
F) Delay of the CLIENT in the change of DNS for the activation of the service from HOSTING.CL.
G) Delay in the crossing of the DNS of the company that previously served to HOSTING.CL.

H) Massive cybernetic attack to the HOSTING.CL facilities, that properly are credited at this last one.

6. - Content of the information

A) HOSTING.CL will not have responsibility some by the content and the information that the CLIENT lodges in our servers, despite the previous thing, HOSTING.CL, will be able to put term to the present service at any time, if in his opinion, the information lodged by the CLIENT in our servers attempts against the effective law in , the moral and moral convention, or affects third people, including the shipment of not asked for massive post office (SPAM).

B) The CLIENT commits himself not to saturate the servant with no type of program who attempts against the yield of the machine, or by use of shipment and/or bandwidth of not asked for massive post office (SPAM), if the monthly traffic surpasses the average and influences the good fast and expeditious service of a servant, this one automatically will block it and this domain will have to contract an agreed plan its needs or to limit itself to occupy the monthly bandwidth that the servant decides as monthly normal average, if the servant detects shipment of massive post office will suspend the service by a period nonsmaller to 24 hours. Now, if this is repeated during three (03) times in an equal period to (01) a year, the domain of servers, being HOSTING.CL, released of any responsibility will be eliminated automatically.

C) In event that detects Phishing, that is to say, that one crime cybernetic that is committed by means of the use of a type of social engineering to try to acquire confidential data of fraudulent form (as it can be a password or detailed information on credit cards or another banking information), HOSTING.CL will suspend the service by a period nonsmaller to 24 hours. Now, if this is repeated during 02 times in an equal period to 01 year, the domain of servers, being HOSTING.CL, released of any responsibility will be eliminated automatically.

7. - Endorsement of the information
The CLIENT maintains information lodged in the HOSTING.CL servers.

In the event that this information hackeada or is manipulated by third parties, HOSTING.CL is committed to recover this information, up to 5 times in the period of a year, from backup or endorsements that could have available, in the case that will have them and that has not been affected by the same act of hackeo. The excess of restorations in the period will have an additional cost of $10,000 more IVA each.

Notwithstanding the previous thing, HOSTING.CL does not become person in charge under any circumstance of the content nor of the quality of the recovered information, since if the original information presents problems or the mechanisms arranged to such effect can fail.

It is obligation of the CLIENT to take all the measures necessary to protect his information suitably, lowering periodically endorsements of the same.

For all the legal effects it is left it express certainty that the service that lends HOSTING.CL is not a service of defense of content nor of the information lodged in its servers, reason why will not be responsible in form some in the event for loss of this content or information.

8. - Blockade preventive of mail shipments from abroad
In order to maintain your safe accounts, the option to send mail remains disqualified in some countries of the foreigner. Of this form you do not expose yourself to problems as the robbery of your password, frauds or that somebody other people's one uses your account to send Spam.
If you are going to travel abroad, it remembers to qualify your mail to be able to send messages.
He is fast, simple and it will only take some minutes you. Only you must [Entrar here]
1. Beam click in “Direct access Support?

2. It selects “To send post office from abroad?

9. - Suspension of the service

Anyone of the following conducts or execution of the following processes is prohibited and are causal of immediate suspension of the services:
A) Shipment of massive mail or Spam, or in intentional form or by infection of virus of some terminal of the client.
B) Detection of Phishing, or intentional or default of the safety measures of its programming of the client in its website.
C) To execute processes that use near the 100% of the CPU by more than 3 minutes. Processes that they require on 48 Megabyte of memory, or great number of requests that slow down the operation of the servant.
D) To use more of 5% of all the resources of the system available at any time.
E) Use of the shared servers of HOSTING.CL for transmission of video and/or music in any type of format.

F) Saturation of the servant on the part of applications of CMS type Foros, Moodle, among others that attempts against the yield of the machine and, therefore, that harms the correct operation of the other clients who use the same servant.

10. - Greater force

HOSTING.CL will not have responsibility by cause that constitute or they are due to greater force, as it defines it the legislation.

For these effects they will be considered as force majeures or act of God, among others, that they are of similar nature the following: war; commotion; Lock out; he idles legal or illegal; robberies to our computer science facilities, earthquake, flood, attacks on a large scale to the HOSTING.CL facilities, other acts of the nature and, generally, all act other people's to the will of the parts, that prevents the fulfillment of the agreed to obligations, despite to have used the maximum diligence.

If such circumstances happened, HOSTING.CL will inform to the brevity to the CLIENT. As soon as they are solved the problems happened as a result of the constituent facts of force greater or act of God HOSTING.CL will reestablish the service of lodging of data.

11. - Advance term of the contract:
They are causal of anticipated completion of the contract:

A) The complete and opportune nonpayment of the price agreed by the services.
B) Anyone of the following conducts or execution of the following processes is prohibited and are causal of term of the services:
B.1) To send massive mail or Spam more than 2 times in the period of a year.
B.2) Detection of Phishing in the website of the client more in one go in the period of a year.

B.3) Abusive behavior against the personnel: Any abusive behavior, abusive language or threats against any member of the HOSTING.CL personnel will not be tolerated.

C) The breach of anyone of the other obligations established in the present document.

The notification of the advance term of the contract by some of the causal ones described in this clause, authorizes the exercise of the legal actions to compensate the damages that originate the breaches, anyone is its nature with the limitation of the amount established in clause 5.

12. - Communications:

Any warning, notification or another communication that is required to carry out between the parts will be sent by email electronic, to the direction provided by the client at the time of entering its data in the process of hiring of or the services.

13. - Address and Arbitration.

For all the legal effects derived from this document the parts they determine its address to the city and commune of Santiago.
Any difficulty that takes place between the parts on the occasion of the interpretation, extension, application, fulfillment or execution of the present contract, will be solved by means of arbitrador arbitrator designated according to the pertinent Regulation of the Center of Arbitrations and Mediations of Santiago of the Chamber of Commerce of Santiago A.G., and that, known and accepted by the contractors, is understood integral part of this contract.
The parts confer to be able special irrevocable to the Chamber of Commerce of Santiago A.G., so that to request of anyone of them, designates to the arbitrador referee among the members of the by arbitration body of the Center of Arbitrations and Mediations before referred.

Against the resolutions of the arbitrador some will not come resource, reason why the parts resign specifically to them. The referee is especially authorized to solve all subject related to his competition and/or jurisdiction.

Dedicated servers and VPS
The present document intends regular the provision of the service of SERVIDORES DEDICADOS Y SERVIDORES PRIVADOS VIRTUALES (VPS), who HOSTING.CL Ltda., in future HOSTING.CL, lends their clients.

For all the legal effects, the present document totally governs the relations between the parts once accepted by the CLIENT, in the webpage of HOSTING.CL, these “Terms and Conditions?, clicking where the option is offered.

1. - Obligations of HOSTING.CL

HOSTING.CL will have to give fulfillment to the following obligations:
A) To give in renting to the CLIENT a DEDICATED SERVANT of property of HOSTING or a part of the same in exchange for a rent according to the stipulations that next settle down. The service includes the installation and the connectivity of the SERVANT DEDICATED to the Internet network and other accessory services that are detailed in the present document according to the modalities and plans that the CLIENT contracts.

HOSTING.CL reserves the right at any time to replace the assigned equipment the CLIENT by an equipment of the same characteristics, for which previous warning to the CLIENT of this situation will occur him.

B) The confidential information of which it takes knowledge HOSTING.CL, as a result of the benefit of the services that gives to account the contract, is of exclusive property of the CLIENT. Consequently, HOSTING.CL will not be able to disclose to third parties this information, except for express written authorization of the CLIENT.
This obligation will be extensive for all the employees of HOSTING.CL.
The restrictions of use and revelation of the information and, therefore, the obligation of confidentiality of the same will not be applicable to that one part of the Confidential Information that:
1) To the date of the revelation, the information already era of public domain.

2) If HOSTING.CL or their representatives validly will be required or notified by a Court of Justice or a governmental or administrative authority, to reveal the existence and/or content of the confidential information. In the event that this happens HOSTING.CL will have to inform in writing to the CLIENT, to taking more within the fifth day of the requirement.

c) HOSTING.CL guarantees a time of uptime, of an annual 99.7%.

2. - Modalities of services object of the present terms and conditions, time of hiring and characteristics:2.1. Modalities dedicated servers Not administered

: They will have to be administered direct, only and exclusively by the CLIENT. The CLIENT affirms to have high technical knowledge and sufficient for his administration since this modality does not include settled software therefore its configuration, management and correct operation she is of exclusive responsibility of the CLIENT.

2.1.1. Technical support and monitoring: In the modality of SERVANTS nonADMINISTERED in anyone of its plans, the technical support lent by HOSTING.CL is offered always by email electronic and it will be limited hardware and the connectivity. The CLIENT will have gratuitous support for everything what she talks about to hardware and to the connectivity unless the problem is imputable directly to the CLIENT in which case the technical support of HOSTING.CL will have an additional cost. The CLIENT affirms to have knowledge sufficient to administer the SERVANT nonADMINISTERED. HOSTING.CL does not lend support on the administration of the DEDICATED SERVANT nor on the use or installation of programs, lodging of websites etc. puts record that under this modality HOSTING.CL gives in renting the DEDICATED SERVANT so that the CLIENT completely administers the same without intervention some on the part of HOSTING.CL. The monitoring that HOSTING.CL realises of these servers is limited only the shipment of an e-mail to the CLIENT in case his servant stops being in favor available of any cause.

2.2. Modalities dedicated servers Administered: They are characterized because they do not need high technical knowledge on the part of the CLIENT. In this modality HOSTING.CL one is in charge to always update and to maintain in perfect state the DEDICATED SERVANT.
2.2.1. Technical support and monitoring: In the ADMINISTERED modality the support offered by HOSTING.CL global staying is updated permanently the DEDICATED SERVANT and being realised necessary the technical interventions at any moment with gratuitous character in everything what it directly talks about to hardware, connectivity and licenses of Control Panel including itself in the technical support the services that are lent through these licenses. In no case support is lent on any type of software installed by the CLIENT or HOSTING.CL at the request of the same. The amount and type of support will depend on the plan chosen by the client and that is in detail published and prices in:

https://www.prism-web.com/servicios-adicionales-hosting.php
2.3. Modalities of virtual private servers (VPS) Not administered:

Administered the virtual private servers or VPS do not consist of a lodging whose basic characteristics is that it is an integrated servant in a physical servant of modality nonadministered but that as well lodges more of a private servant, that is to say, the CLIENT of the administered private servant does not share his resources of hardware with other virtual servers who can be lodged within the same servant. The administered virtual servant therefore does not share hardware with the rest of lodged virtual servers in the physical servant but he will work of independent form with respect to the others. The characteristics of their administered condition of are not the same that those of servers nonadministered.
2.4. Modalities of virtual private servers (VPS) Administered:

Administered the virtual private servers or VPS consist of a lodging whose basic characteristics is that it is an integrated servant in a physical servant of administered modality but that as well lodges more of a private servant, that is to say, the CLIENT of the administered private servant shares his resources of hardware with other virtual servers who can be lodged within the servant.
2.4.1. Technical support and monitoring: In the ADMINISTERED modality the support offered by HOSTING.CL global staying is updated permanently SERVANT VPS and being realised necessary the technical interventions at any moment with gratuitous character in everything what it directly talks about to hardware, connectivity and licenses of Control Panel including itself in the technical support the services that are lent through these licenses.
In no case support is lent on any type of software installed by the CLIENT or HOSTING.CL at the request of the same. The amount and type of support will depend on the plan chosen by the client and that is in detail published and prices in:

https://www.prism-web.com/servicios-adicionales-hosting.php

3. - Responsibility of the Client
It is responsibility of the CLIENT the definition and establishment of the levels of protection and defense of the data by means of the use of keys or passwords, establishment of profiles of access security, which are infused in their applications, to which the HOSTING.CL personnel does not have access.
The computer equipment is tools for the data processing that by their nature are subject to possible faults, or by own operation or in its programs. Therefore the CLIENT will have to take the usual preventive measures in the computer activity, as well as to count on the necessary comfort for the execution of his processes and endorsements of the information.
The CLIENT will be direct and exclusively responsible for the efficiency of the personnel who operates its technological infrastructure.
The CLIENT will be the direct person in charge to form his backup in the servant at issue as well as to guard by the correct operation of this. HOSTING.CL will not have responsibility some with respect to the information that the CLIENT keeps in the dedicated servant is this administering or not on the part of HOSTING.CL. The CLIENT will be able to solicit up to 2 restorations of backups that HOSTING.CL could have available during the period of 1 month.
The excess of restorations in the period will have an additional cost of $10,000 more IVA each.
The CLIENT will make sure not leaving folders, directories and/or archives with permissions 777 of total access in their account of hosting, to assign permissions 777 to any folder, directory and/or file will allow the interference in the servant of possible attackers with aims of interruption of services and/or destruction of contents.

The CLIENT will make sure to maintain updated all scripts installed in his account of hosting with the most recent version of the same, to avoid vulnerabilities and/or intrusions in the servant.

4. - Suspension of the service
Anyone of the following conducts or execution of the following processes is prohibited and are causal of immediate suspension of the services:
a) Shipment of massive mail or Spam, or in intentional form or by infection of virus of some terminal of the client.

b) Detection of Phishing, or intentional or default of the safety measures of its programming of the client in its website.

5. - Assigned bandwidth

 
As much national bandwidth as international guaranteed maximum available and minimum is given by the following table:
It connects National (Mbps)
It connects the International (Kbps)
Type on watch
Maximum
Minimum
Maximum

Minimum

Basic VPS

10

5

512

256

Standard VPS

10

5

512

256

VPS Companies

20

5

1024

256

Premium VPS

20

5

1024

256

Dedicated

20

5

1024

512

6. - Endorsement of the information.
HOSTING.CL does not become person in charge under any circumstance of the content nor of the quality of the recovered information, since if the original information presents problems or the mechanisms ready to such effect can fail.
It is obligation of the CLIENT to take all the measures necessary to protect his information suitably, lowering periodically endorsements of the same.

For all the legal effects it is left it express certainty that the service that lends HOSTING.CL is not a service of defense of content nor of the information lodged in its servers, reason why will not be responsible in form some in the event for loss of this content or information.

7. - Payment, validation of payment and policies of return

The CLIENT will pay to HOSTING.CL by served according to the accepted form and value at the time of completing the form Web in the request on watch.

In the eventuality that the Client opportunely does not pay to the value of the services or not it report according to the instructions given and detailed via mail, Prism-Web is authorized to eliminate these services of our servers and to give by finished the contract.

The payment options will be sent via mail to the contacts authorized. Following the type of payment, the corresponding instructions will be given. Also a can enter directly: https://www.prism-web.com/pago-servicio-hosting.php where it will find the detail of how to make his payment and the steps follow to validate it.

The fact to send an email on the part of some banking institution to some of our directions will not be considered as valid notification.

Prism-Web does not carry out any type of reimbursement although the Client decides to give by finished the contract before the date of victory of the same, except in the first 10 days of contract of the service, if and only if it is possible to be verified convincingly that an implementation problem existed or a breach of the services jeopardizes.

Prism-Web will not accept another form of payment as Valevistas, Checks for retirements in office or payment in our dependencies.

8. - Limitations to the responsibility
With respect to all those circumstances in that the CLIENT must right to demand of HOSTING damages, independent of the foundations or their nature, it is a reclamation of contractual character as extra-contractual, the indemnification will be limited the payment of direct damages indeed caused to the CLIENT by HOSTING.CL; previous convincing demonstration of its responsibility, with a maximum limit the same to indeed phelp by the CLIENT in the three months previous to the fact on that the CLIENT bases his reclamation. This limit represents the maximum amount by which HOSTING.CL would be responsible.
Despite the established thing precedingly in this clause, HOSTING.CL will not be responsible under circumstance some and will be excluded from the obligations established in the letters a) and c) of number 2 of this document, in anyone of the following cases:
A) Reclamations or demands of damages on the part of third parties against the CLIENT (that are precedingly subject to the limitation of established responsibility)
B) Loss of information or damages in the registries, data or teams of the CLIENT. Also, HOSTING.CL will not be responsible in case some by the damages or damages that can experience the CLIENT, or third parties direct or consequently indirect for the use and operation, or nonoperation or of the correct or incorrect operation of their technological infrastructure or its programs, or by any other fact or cause related to the service that renders.
C) Dismissed profit, special damages, indirect damages and/or mediate economic damage (including, but not limited, anticipated loss of savings, utilities or economies, loss of opportunities, loss of image or any other consecuencial damage).
D) You cut of Suministro Electrical, caused by the electrical companies.
E) Fires in our dependencies other people's to our responsibility.
F) You cut of National or International connections provided by companies suppliers of Internet.
G) Badly Use of the access accounts. HOSTING.CL Obliga to its CLIENTS by security to have an endorsement of all the information who maintain in our servers.
H) Delay of the CLIENT in the change of DNS for the activation of the service from HOSTING.CL.
I) Delay in Traspaso of the DNS of the Company previous to our Company.
j) HOSTING.CL does not become person in charge of any content of our servers.

k) Massive cybernetic attack to the HOSTING.CL facilities, that properly are credited at this last one.

9. - Content of the information

A) HOSTING.CL will not have responsibility some by the content and the information that the CLIENT lodges in our servers, despite the previous thing, HOSTING.CL, will be able to put term to the present service and at any time, if in his opinion, the information lodged by the CLIENT in our servers attempts against the effective law in , the moral and moral convention, or affects third people, including the shipment of not asked for massive post office (SPAM). B) In the event that detects Phishing, that is to say, that one cybernetic crime that is committed by means of the use of a type of social engineering to try to acquire confidential data of fraudulent form (as it can be a password or detailed information on credit cards

or another banking information), HOSTING.CL will suspend the service by a period nonsmaller to 24 hours. Now, if this is repeated during 02 times in an equal period to 01 year, the domain of servers being HOSTING.CL, released of any responsibility will be eliminated automatically.

C) The CLIENT commits himself not to saturate the servant with no type of program who attempts against the yield of the machine, or by use of shipment and/or bandwidth of not asked for massive post office (SPAM), if the monthly traffic surpasses the average and influences the good fast and expeditious service of a servant, this one automatically will block it and this domain will have to contract an agreed plan its needs or to limit itself to occupy the monthly bandwidth that the servant decides as monthly normal average, if the servant detects shipment of massive mail will suspend the service by a period nonsmaller to 24 hours. Now, if this is repeated during three (03) times in an equal period to (01) a year, the domain of servers, being HOSTING.CL, released of any responsibility will be eliminated automatically.

10. - Uptime or Time of Activity

Prism-Web is committed to serve with 99,8% of Up-trick out of NETWORK on the total of the contracted period. That is to say, in the sum of 365 days complete. Before any event different from the detailed ones in the Article ninth, an optimal and stable service will be due to provide, and in the smaller possible time and within the policy of the best effort, to give to solution to the misfortunes or problems that are of our responsibility. He is possible to indicate that the CLIENT is responsible by the content that lodges and that if this one brings about problems of slowness, falls or excessive consumption of resources, the CLIENT understands that it is not part of the natural UP-TIME by the service. Mainly when websites based on CMS with obsolete programming are used, not optimized or on loaded of plugins of doubtful origin.

11. - Operating systems

In case the dedicated servant needs to operate with operating system Microsoft Windows in anyone of his variants, he will have to be acquired directly with Prism-Web. By reasons for contract of distribution with Microsoft it is not possible that our dedicated servers operate with acquired operating systems of that company in another place.

12. - Greater force
HOSTING.CL will not have responsibility by cause that constitute or they are due to greater force, as it defines it the legislation.

For these effects they will be considered as force majeures or act of God, among others that they are of similar nature, the following: war; commotion; Lock out; he idles legal or illegal; robberies to our facilities, earthquake, flood, other acts of the nature and generally, all act other people's to the will of the parts, that prevents the fulfillment of the agreed to obligations, despite to have used the maximum diligence.

If such circumstances happened, HOSTING.CL will inform to the brevity to the CLIENT. As soon as they are solved the problems happened as a result of the constituent facts of force greater or act of God HOSTING.CL will reestablish the service of lodging of data.

13. - Advance term of the contract
They are causal of anticipated completion of the contract:

A) The complete and opportune nonpayment of the price agreed by the services
B) Anyone of the following conducts or execution of the following processes is prohibited and are causal of term of the services:
B.1) To send massive mail or Spam more than 2 times in the period of a year.
B.2) Detection of Phishing in the website of the CLIENT more in one go in the period of a year.

B.3) Abusive behavior against the personnel: Any abusive behavior, abusive language or threats against any member of the HOSTING.CL personnel will not be tolerated.
C) The breach of anyone of the other obligations established in the present document.

The notification of the advance term of the contract by some of the causal ones described in this clause, authorizes the exercise of the legal actions to compensate the damages that originate the breaches, anyone is its nature with the limitation of the amount established in clause 5.

14. - Communications

Any warning, notification or another communication that is required to carry out between the parts will be sent by email electronic.

15. - Address and Arbitration
For all the legal effects derived from this document the parts they determine its address to the city and commune of Santiago.

Any difficulty that takes place between the parts on the occasion of the interpretation, extension, application, fulfillment or execution of the present contract, will be solved by means of arbitrador arbitrator designated according to the pertinent Regulation of the Center of Arbitrations and Mediations of Santiago of the Chamber of Commerce of Santiago A.G., and that, known and accepted by the contractors, is understood integral part of this contract. The parts confer to be able special irrevocable to the Chamber of Commerce of Santiago A.G., so that to request of anyone of them, designates to the arbitrador referee among the members of the by arbitration body of the Center of Arbitrations and Mediations before referred. Against the resolutions of the arbitrador some will not come resource, reason why the parts resign specifically to them. The referee is especially authorized to solve all subject related to his competition and/or jurisdiction.

SLA contract: availability and responsibility of services for Dedicated VPS and Servers

In Prism-Web we guaranteed the availability of network for the dedicated servers and VPS, by means of SLA contract.
Nonavailability of the service by mes*
   

Discount

Between 2 and 5 hours

10% discount

Between 6 and 24 hours

50% discount

Between 24 and 48 hours

100% discount

More than 48 hours

200% discount

Nonavailability of the service = Time with total losses of connectivity, that will be the passed time since the personnel of technical support has knowledge of the opening of the incidence on the part of the client and until the restitution of the connectivity of the affected servant.

  Total losses of connectivity = Impossibility to connect itself to its servant dedicated, VPS or Servant in Housing by means of Ping (Packet Internet Groper) from All the suppliers of ISP. (He does not consider himself lost of connectivity if the client has an IP blockade from his machine)
With the object of the calculation of the Availability of the Service, the time of duration of the incidence (Tc) will be computed since the personnel of technical support has knowledge of the opening of the incidence on the part of the client by means of a ticket sent to the department of support and until the moment at which HOSTING.CL verifies the restoration of the connectivity.
- The availability guarantee on watch is of exclusive application to the connectivity of the servant.
- The availability guarantee on watch is not of application in case of lack on watch caused by:
• Software failures.
• Errors of configuration on the part of the client or similars.
• Falls of the servant of the client derived from an excessive or erroneous use of the resources of the same or the resources assigned to the same, external attacks, similar and hardware failures or software.
• Operations of programmed maintenance that have been warned previously via email or in the Web https://www.prism-web.com
• works carried out in the servant of the client on the part of the client.
• Works carried out in the servant of the client on the part of HOSTING.CL ordered by the client.

• Circumstances other people's to the HOSTING.CL control, including, without limitation, the motivated ones by causes of greater force.
• They are considered outside the HOSTING.CL control, among others, the following elements or resources:
- The computer science system of usuario/s
- Software of navigation or connection and accessories
- Virus, Trojans, worms or any other hostile, injurious or detrimental software

- Public switched telephone network, RDSI, frame relay, cable, satellite and any other infrastructure of transport or telecommunications (including the propagation of DNS)

The availability guarantee on watch is not of application in case the client has failed to fulfill some of the clauses of the present conditions on the basis of whose breach HOSTING.CL (or in case of existing, its supplier) she has decided to deactivate/to suspend/to disconnect the dedicated servant contracted by the client mediating warning, previous or no, according to the urgency and gravity. - To obtain the compensation, the client will have to ask for it to HOSTING.CL in writing passed a maximum of 24 hours since the incidence has been closed indicating: IP of the affected domain, date, aperture time of the incidence and all that one documentation that is asked for by HOSTING.CL.

The compensation will be realised in the invoicing following to the request and approval of the same on the part of HOSTING.CL.

The compensations are not cumulative from a month to another one.

Despite the previous thing, the Client accepts especially that HOSTING.CL cannot guarantee the uninterrupted use of the Services, considering that HOSTING.CL must take to end routine tasks of maintenance, repairs, reconfigurations, updates and/or improvements of the Services and in attention to the fact that Internet is a decentralized global network of computer science systems, on which HOSTING.CL does not have the absolute control.

HOSTING.CL reserves the right to temporarily deactivate or to suspend the servant of the client in case it harms integrity, yield or security of the network of HOSTING.CL or their suppliers, mediating warning that could be previous or not according to the urgency and gravity.
For all the services, the Client is the only person in charge of:
•  The content, use and publication of the information and communications transmitted by means of the Services.
• Losses or damages that affect to data or archives stored, transmitted or used in relation to the Service or the network of HOSTING.CL or its suppliers
• Violation or breach on the other hand of any norm that is applicable in relation to the use of the Service, including, among others, the dispositions and codes of self-regulation in the matter of protection of data, protection of the consumers and users, rights of industrial or intellectual property, contents distribution of injurious and illicit contents by Internet or unfair competition, effective at every moment.

• When it is necessary the use of names of user and passwords of access for the use of all or some of the Services, the Client takes responsibility of the confidential treatment of the same, their exclusive use by the Client and of a fraudulent use of the same by third parties as a result of the lack of diligence or confidentiality in the safekeeping of the same by the Client.

For all the services, the Client is responsible before HOSTING.CL and she commits herself to compensate to him by all the damages, I interest and denunciations in which this last one could she turns affected by a demand or claim of a third party interposed as a result of an infraction of the Client of the obligations that emanate generally of the present contract and, given the condition of HOSTING.CL intermediary, of which it is not direct consequence of a HOSTING.CL breach of his legal or contractual commitments.

Force majeures or act of God will be considered as, without limiting character, the delay, failure, suspension or interruption of the Services as a result of the restrictions of energy, blockade of the telecommunications or the Internet network, action or omissions of third people, operators of telecommunications or provision, maintenance companies or transport or any other cause or independent circumstance of the HOSTING.CL will that prevents the normal execution of the present contract.

Servers in modality of HOUSING or COLOCATION
The present document intends regular the provision of the service of HOUSING (COLOCATION), that HOSTING.CL Ltda., in future HOSTING.CL, lends their clients.

For all the legal effects, the present document totally governs the relations between the parts once accepted by the CLIENT, in the webpage of HOSTING.CL, these “Terms and Conditions?, clicking where the option is offered.

1. - Obligations of HOSTING.CL
HOSTING.CL will have to give fulfillment to the following obligations:

A) To give in renting to the CLIENT a space in our datacenter to lodge a servant property of the client in exchange for a rent according to the stipulations that next settle down. The service includes the installation and the connectivity of the SERVANT in HOUSING to the Internet network, power network electrical network and other accessory services that are detailed in the present document according to the modalities and plans that the CLIENT contracts.
B) HOSTING.CL Ltda. (or the company that corresponds), and its dependent personnel will have to keep absolute confidentiality with respect to the information from the CLIENT that takes knowledge during the benefit from the been suitable services.

The confidential information of which it takes knowledge HOSTING.CL, as a result of the benefit of the services that gives to account the contract, is of exclusive property of the CLIENT. Consequently, HOSTING.CL will not be able to disclose to third parties this information, except for express written authorization of the CLIENT.
This obligation will be extensive for all the employees of HOSTING.CL.
The restrictions of use and revelation of the information and therefore the obligation of confidentiality of the same will not be applicable to that one part of the Confidential Information that:
1) To the date of the revelation, the information already era of public domain.

2) If HOSTING.CL or their representatives validly will be required or notified by a Court of Justice or a governmental or administrative authority, to reveal the existence and/or content of the confidential information. In the event that this happens HOSTING.CL will have to inform in writing to the CLIENT, to taking more within the fifth day of the requirement.

C) HOSTING.CL guarantees a time of uptime for the connection and electrical energy is of 99,7%.

2. - Details of the service of HOUSING
They will have to be administered direct, only and exclusively by the CLIENT.

CLIENT affirms to have high technical knowledge and sufficient for his administration since this modality does not include settled software therefore its configuration, management and correct operation she is of exclusive responsibility of the CLIENT.

1. Of the Equipment: The CLIENT is proprietor of the Equipment stored detailed in the Order of Work and Certificate of Delivery that, subscribed by HOSTING.CL, are integral part of this contract. The Equipment must necessarily be “raqueable? (susceptible to be rich in “rack? conventional) and to be in good state, with power of processing, amount of memory, power of 750 feeding of w. and disc capacity sufficient to support the contracted service.

2. Technical support and monitoring: In the modality of HOUSING nonADMINISTERED in anyone of its plans, the technical support lent by HOSTING.CL is offered always by email electronic and it will be limited the connectivity. The CLIENT will have gratuitous support for everything what she talks about to the connectivity unless the problem is imputable directly to the CLIENT in which case the technical support of HOSTING.CL will have an additional cost. The CLIENT affirms to have knowledge sufficient to administer the HOUSING. HOSTING.CL does not lend support on the administration of the HOUSING nor on the use or installation of programs, lodging of websites etc. puts record that under this modality HOSTING.CL gives the connection, energy and physical space in our datacenter so that the CLIENT completely administers the same without intervention some on the part of HOSTING.CL. The monitoring that HOSTING.CL realises of these servers is limited only the shipment of an e-mail to the CLIENT in case his servant stops being in favor available of any cause.

3. - Assigned bandwidth

 
As much national bandwidth as international guaranteed maximum available and minimum is given by the following table:
It connects National (Mbps)
It connects the International (Kbps)
Type on watch
Maximum
Minimum
Maximum

Minimum

Housing

20

5

1024

512

4. - Responsibility of the CLIENT
It is responsibility of the CLIENT the definition and establishment of the levels of protection and defense of the data by means of the use of keys or passwords, establishment of profiles of access security, which are infused in their applications, to which the HOSTING.CL personnel does not have access.
The computer equipment is tools for the data processing that by their nature are subject to possible faults, or by own operation or in its programs. Therefore the CLIENT will have to take the usual preventive measures in the computer activity, as well as to count on the necessary comfort for the execution of his processes and endorsements of the information.
The CLIENT will be direct and exclusively responsible for the efficiency of the personnel who operates its technological infrastructure.

The CLIENT will be the direct person in charge to form his backup in the servant at issue. HOSTING.CL will not have responsibility some with respect to the information that the CLIENT keeps in the servant IN HOUSING.
1- The CLIENT will have to solicit to the COMPANY, through a mail to [email protected], the authorization of the access to the Datacenter on the part of the authorized personnel to manipulate his equipment. The selected personnel will have to properly be in favor credited and authorized of the CLIENT, according to HOSTING.CL procedure, and will have to be in force by the safety procedures of the COMPANY.

2- The schedule in which the client can accede to his servers to make lack ferocity, repair or others is of Monday through Friday of 10:00 to 18:00 hours. Having a maximum term of work of 4 hours followed by day. In case it is required to accede to his servers outside this schedule, it is to criterion of Prism-Web the form, schedule and time in which can accede to its servant.

5. - Payment, validation of payment and policies of return

The CLIENT will pay to HOSTING.CL by served according to the accepted form and value at the time of completing the form Web in the request on watch.

In the eventuality that the Client does not pay to the value of the services oportunamenteo or not it report according to the instructions given and detailed via mail, Prism-Web is authorized to eliminate these services of our servers and to give by finished the contract.

The payment options will be sent via mail to the contacts authorized. Following the type of payment, the corresponding instructions will be given. Also a can enter directly: https://www.prism-web.com/pago-servicio-hosting.php where it will find the detail of how to make his payment and the steps follow to validate it.

The fact to send an email on the part of some banking institution to some of our directions will not be considered as valid notification.

Prism-Web does not carry out any type of reimbursement although the Client decides to give by finished the contract before the date of victory of the same, except in the first 10 days of contract of the service, if and only if it is possible to be verified convincingly that an implementation problem existed or a breach of the services jeopardizes.

Prism-Web will not accept another form of payment as Valevistas, Checks for retirements in office or payment in our dependencies.

6. - Limitations to the responsibility
The COMPANY does not become person in charge by any problem of configuration of the servant and/or evil operation by problems of hardware and/or software.
In the same way, the COMPANY reserves the right to take the pertinent measures for maintaining the necessary security before any indication of violation of security through lodged el/los servidor/es towards the servers of Date or of third parties. Any indication of malicious activity originated from this/these servidor/es will give to HOSTING.CL the right him to take the pertinent actions to preserve its interests.
With respect to all those circumstances in that the CLIENT must right to demand of HOSTING.CL damages, independent of the foundations or their nature, it is a reclamation of contractual character as extra-contractual, the indemnification will be limited the payment of direct damages indeed caused to the CLIENT by HOSTING.CL; previous convincing demonstration of its responsibility, with a maximum limit the same to indeed phelp by the CLIENT in the three months previous to the fact on that the CLIENT bases his reclamation. This limit represents the maximum amount by which HOSTING.CL would be responsible.
Despite the established thing precedingly in this clause, HOSTING.CL will not be responsible under circumstance some and will be excluded from the obligations established in the letters a) and c) of number 2 of this document, in anyone of the following cases:
a) Reclamations or demands of damages on the part of third parties against
CLIENT (that is precedingly subject to the limitation of established responsibility).
b) Loss of information or damages in the registries, data or teams of the CLIENT. Also, HOSTING.CL will not be responsible in case some by the damages or damages that can experience the CLIENT, or third parties direct or consequently indirect for the use and operation, or nonoperation or of the correct or incorrect operation of their technological infrastructure or its programs, or by any other fact or cause related to the service that renders.
c) Dismissed profit, special damages, indirect damages and/or mediate economic damage (including, but not limited, anticipated loss of savings, utilities or economies, loss of opportunities, loss of image or any other consecuencial damage).
d) You cut of Suministro Electrical, caused by the electrical companies.
e) Fires in our dependencies other people's to our responsibility.
f) You cut of National or International connections provided by companies suppliers of Internet.
g) Badly Use of the access accounts. HOSTING.CL forces to their CLIENTS by security to have an endorsement of all the information who maintain in our servers.
h) Delay of the CLIENT in the change of DNS for the activation of the service from HOSTING.CL.
i) Delay in Traspaso of the DNS of the Company previous to our Company.

j) HOSTING.CL does not become person in charge of any content of our servers.

7. - Content of the information
a) HOSTING.CL Some by the content and the information will not have responsibility that the CLIENT lodges in his servant in HOUSING, despite the previous thing,
HOSTING.CL, will be able at any time to put term to the present service and, if in his opinion, the information lodged by the CLIENT in our datacenter kind against the effective law in , the moral and moral convention, or affects third people, including the shipment of not asked for massive post office (SPAM). b) In the event that detects Phishing, that is to say, that one cybernetic crime that is committed by means of the use of a type of social engineering to try to acquire confidential data of fraudulent form (as it can be a password or detailed information on credit cards

or another banking information), HOSTING.CL will suspend the service by a period nonsmaller to 24 hours. Now, if this is repeated during 02 times in an equal period to 01 year, the domain of servers being HOSTING.CL, released of any responsibility will be eliminated automatically.

8. - Licenses of all type in servant in Housing

The Client declares to be the only person in charge in maintaining all the licenses to the day in his servant in Housing exempting of all responsibility that will be able to fit to Prism-Web as a result of the evil use to him on the part of the Client of incorrect licenses or of the nonuse of which they correspond. The Client accepts and authorizes that in the development of the scheduled inspections that make the suppliers of licenses to the Datacenter de Prism-Web its machine possibly can be reviewed and they also are applied to fines product of the lack of licenses or erroneous use of the same, whose payment will be always of position and obligation of the Client.

9. - Greater force
HOSTING.CL will not have responsibility by cause that constitute or they are due to greater force, as it defines it the legislation.

For these effects they will be considered as force majeures or act of God, among others that they are of similar nature, the following: war; commotion; Lock out; he idles legal or illegal; robberies to our facilities, earthquake, flood, other acts of the nature and generally, all act other people's to the will of the parts, that prevents the fulfillment of the agreed to obligations, despite to have used the maximum diligence.

If such circumstances happened, HOSTING.CL will inform to the brevity to the CLIENT. As soon as they are solved the problems happened as a result of the constituent facts of force greater or act of God HOSTING.CL will reestablish the service of lodging of data.

10. - Advance term of the contract
They are causal of anticipated completion of the contract:

a) The complete and opportune nonpayment of the price agreed by the services.
b) Anyone of the following conducts or execution of the following processes is prohibited and are causal of term of the services:
b.1) To send massive mail or Spam more than 2 times in the period of a year
b.2) Detection of Phishing in the website of the CLIENT more in one go in the period of a year

b.3) Abusive behavior against the personnel: Any abusive behavior, abusive language or threats against any member of the HOSTING.CL personnel will not be tolerated.
c) The breach of anyone of the other obligations established in the present document.

The notification of the advance term of the contract by some of the causal ones described in this clause, authorizes the exercise of the legal actions to compensate the damages that originate the breaches, anyone is its nature with the limitation of the amount established in clause 5.

11. - Renovation of Services of Housing:

In order to maintain the continuity of the services and not to affect the correct operation of the same, in case a client does not warn explicitly by means of mail before the term of his period will be understood that she is wanted to renew the service by another period similar to the previous one. The client even so has an instance of 5 days additional to ask for cancellation of this new period and in case she corresponds to come to retire his servant. From the sixth past day the date of victory if the client wants to retire his servant and to annul the service will have to pay the equivalent to 1 month on watch.

12- Storage:
At the time of finishing to the service or in anticipated form or by contract term the CLIENT it has 5 working days to retire his equipment of our facilities. In case of not doing it from day 6 storage of the equipment by a price of $10,000 monthly + IVA will be received.

Passed 6 months the equipment it will be retired of our facilities and eliminated as trash exempting of all responsibility our company by the equipment at issue.

13. - Communications:

Any warning, notification or another communication that is required to carry out between the parts will be sent by email electronic.

14. - Jurisdiction and Address.

For all the legal effects derived from this document the parts they determine its address to the city and commune of Santiago.

Any difficulty that takes place between the parts on the occasion of the interpretation, extension, application, fulfillment or execution of the present contract, will be solved by means of arbitrador arbitrator designated according to the pertinent Regulation of the Center of Arbitrations and Mediations of Santiago of the Chamber of Commerce of Santiago A.G., and that, known and accepted by the contractors, is understood integral part of this contract. The parts confer to be able special irrevocable to the Chamber of Commerce of Santiago A.G., so that to request of anyone of them, designates to the arbitrador referee among the members of the by arbitration body of the Center of Arbitrations and Mediations before referred. Against the resolutions of the arbitrador some will not come resource, reason why the parts resign specifically to them. The referee is especially authorized to solve all subject related to his competition and/or jurisdiction.

Transfer of Website

The use terms next constitute a legal agreement between you (in future denominated “the Client?) and Prism-Web (in future denominated as “the Company?)

General

The website transference is provided in the following terms:

1.1 If its previous company is not using Cpanel or has bloquedo the service of transference between servers, Prism-Web does not become person in charge of the complete transference of the website, accounts of post office or data bases.

1.2. The client must provide all the information of necessary access about his account of previous lodging, that she includes but a is not limited: control of data of the panel of beginning of session, data of MySQL access, tools of basic export of data, the location of its company of hosting previous etc.

1.3. The client must provide all the additional attendance that can be necessary during the transference, that it includes but a is not limited: to put in touch to its old company of hosting before in case of technical problems that there are from the origin of the data.

1.4. Prism-Web reserves the right to refuse to realise the transference if: the version of MySQL of hosting previous is different from the version of Prism-Web; if the site uses version PHP different from version PHP of Prism-Web; if the website has the configuration of the servant that is different from the configuration of the servant of Prism-Web at the time of the transference; if the previous servant of hosting undergoes continuous falls during the transference process.

1.5. The transference of a domain is not part of this service.

1.6. The transference website can take up to 5 working days to be realised after having all the information provided by the client.

Only 1.7 a website or an account of cPanel will be transferred free for the client. If the client wants more websites to transfer, additional collections will be applied.

1.8 the total size of the account of the client for the transference does not have to exceed 1 GB of space in hard disk. Each data base associated to the account does not have to be greater than 200MEGABYTE. Additional positions for the transference of the accounts are applied that exceed this quota.

1.9 any change is not responsibility ours to make changes to adapt the website transferred to the services of Prism-Web that there is to do must it make the client directly.