Terms and Conditions

Last update: October 2, 2022

WEB SOLUTIONS HOSTING, Organized under the laws of Mexico, with its registered office at Arquimides # 130, Piso 5 Of. A, Col. Polanco Reforma, C.P. 11560, Alcaldía Miguel Hidalgo, Mexico City, Mexico. Offers you web hosting services when you visit or shop at https://websolutionshost.com/ ("Web Site").
This contract (the "CONTRACT") contains the terms, restrictions and conditions that govern the use of the system and the contracted services that WEB SOLUTIONS HOSTING makes available to the person interested in its use (the "CLIENT"). The terms of service apply to all clients of WEB SOLUTIONS HOSTING.
The Terms of Service automatically apply to all WEB SOLUTIONS HOSTING customers when placing a purchase order for one or more services, including purchase orders through a third party or any business partner.
BY PLACING AN ORDER WITH WEB SOLUTIONS HOSTING, YOU ACCEPT THE POLICIES DESCRIBED IN THIS DOCUMENT AND AGREE TO ABIDE BY THEM.
Generalidades
WEB SOLUTIONS HOSTING agrees to provide the service(s) described in the purchase order to the CLIENT holder, detailed in the purchase order. The use of WEB SOLUTIONS HOSTING services implies acceptance and agreement with these terms of service and all attachments. WEB SOLUTIONS HOSTING will make all reasonable efforts and then make continuous improvements to provide quality customer service.
1. Services
1.1 Traffic services
WEB SOLUTIONS HOSTING will provide the customer with Internet connection, IP addresses and Internet traffic services (collectively, the "Bandwidth Services"), as specified in the service purchase order.

1.2 Web hosting and reseller services
Customer agrees to use bandwidth as described in the Service Limitations Policy and Acceptable Use Policy. It also agrees that the bandwidth cannot exceed the number of gigabytes per month of the services contracted by the customer and that the number of gigabytes is the sum of incoming and outgoing data transfer for a period of 1 month. The unused bandwidth in one month is not transferable to the following months. WEB SOLUTIONS HOSTING monitors the customer's bandwidth usage and shall have the right to take corrective action if the customer's bandwidth usage exceeds the agreed upon usage. Such corrective action may include the assessment of additional charges based on the published price per gigabyte per service.
2. VPS Server, Dedicated Server and Cloud Server Services
2.1 IP Address Service
Any IP address assigned to the Client by WEB SOLUTIONS HOSTING must be maintained by the client in an efficient and 80% utilized manner within 30 days of assignment by WEB SOLUTIONS HOSTING to the Client. Failure to comply with this provision may result in revocation of IP addresses after five days once the customer has been notified by email. WEB SOLUTIONS HOSTING shall maintain and control ownership of all Internet Protocol numbers and addresses that it may assign to WEB SOLUTIONS HOSTING's Customer, and WEB SOLUTIONS HOSTING reserves the right to modify or remove any and all such Internet Protocol numbers and addresses in its sole and absolute discretion. All requests for additional IPs must be fully justified.
3. Support Services
3.1 Support Warranties
1.Guarantee of response within a maximum of 24 hours, only for basic support requested via ticket.
2. 2. 72-hour solution guarantee.
3.2 Exceptions to the support guarantee
a) Does not include the problems that apply to the "Uptime Guarantee", "Abuse Policy", "Service Limitations Policy", "Refund Guarantee" and "Terms and Conditions of Use".
b) Does not include problems where the customer has not provided the requested information, or the customer has not performed the steps recommended by the support department.
c) The support warranty only applies to the support department.
d) The guarantee of delivery of a solution within 72 hours does not apply to the problems described in "Uptime Guarantee".
e) The basic support provided by chat and telephone is not guaranteed.
f) The request for compensation cancels the right to request reimbursement for the same problem.
g) The support warranty does not apply to software problems involving the intervention of third parties.
h) The support guarantee does not apply in case of natural disasters.

3.3 Limitations Basic support
Basic support does not include the following types of support listed below. Other types of support requests are included.
a. Any type of configuration.
b. Configuration problems, installation of software, packages, etc. in the operating system.
c. Programming or graphic design.
d. Programming problems.
e. Installation or configuration of software or applications.
f. Software or application configuration problems.
g. Virus, malware or hacking problems.
h. Bulk mailing / SPAM problems
i. Abuse problems.
j. Restoration of accounts.
k. Database programming.
l. Installation or configuration of software or applications.
m. Configuration of software from external companies.
4. Migration service:
In order for customers to contract our migration service, a follow up of the program will be made, which will be respected by our sales team, once the customer can also coordinate their migration through our ticketing platform. Account migration will be performed only from Monday to Friday from 8:00 am to 6:30 pm, requests outside these hours, Saturdays, Sundays and holidays must be scheduled through our basic support executives. The news of the migration process, such as start and end, or any other relevant information about the operation will be duly informed through the support ticket linked to the process.
4.1 Conditions
The accounts to be migrated must obey the following characteristics:
a. Migrations will only be performed for users with an active cPanel account.
b. The customer shall timely indicate valid access credentials to the current provider's panel.
c. The account to be migrated must have available space to generate the respective backup.
d. The maximum weight of the account to be migrated is 10 GB The migration process has a maximum duration of 48 working hours from the launch of the process initiated by our team through a support ticket.

4.2 Responsibilities:

a. Our company's executives must make all the corresponding verifications to ensure that the migration is possible.
b. Customers must provide valid access credentials in a timely manner, as well as all technical information regarding the operation of the account to be migrated. Problems associated with access, availability, account space, will be the sole responsibility of the customer. Our company will not intervene in any way.
c. The migration team is committed to complete the migration process within the mentioned times, in addition to keeping the information updated through the support ticket. In case of problems in the migration process, the customer must be informed in a timely manner.

4.3 Warranty:
The customer has a guarantee of 5 working days after communicating that the migration process has been completed, any other support request outside the deadline will be reviewed by our basic support.

5. Additional service: "Everything ready" Pack
The "all ready" pack configuration service is for customers who have decided to contract our range of Linux VPS services. The configuration process will be performed in a single schedule from Monday to Friday from 8:00 to 18:30, on Saturdays, Sundays and holidays our specialized team will not be available.
Any configuration process must be duly coordinated through our sales team, or otherwise, as a customer you may issue a support ticket requesting the coordination of the operation, which must be framed within the above-mentioned hours without exceptions. After hours requests will be handled by our basic support, which will escalate or refer each case to the corresponding team.
New developments in the configuration process, such as the start and end, or any other relevant information about the operation will be duly informed through the support ticket linked to the process.
The "all-inclusive" configuration package includes the following

- Simple Apache 4 configuration with rpm-event plus FastCGI.
- MySQL installation.
- Apache installation and configuration.
- Installation of cPanel.
- CSF installation and configuration.
- Explorer installation.
- Installation of the "Remote MX Wizard" plugin.
- Tweak configuration.
- Basic WHM Manager.
- DNS configuration.
- Installation of the HTOP tool.
- PHP installation.

6. Responsibilities:

a. It is the customer's responsibility to have an active cPanel license when starting the setup process.
b. During the configuration process, the customer will not be able to access the machine, in case this happens, the configuration process will be cancelled immediately.
c. The advanced support team will only perform the configuration detailed above, any other additional requirements will NOT be considered.
d. The support team is committed to perform the configuration of the VPS service within 48 working hours.

7. Conditions:

Customers who choose the "all-inclusive" configuration service package must have an active cPanel license. This requirement is mandatory.

The configuration process has a maximum duration of 48 hours, from the notification of the start of the configuration process through the respective support ticket. Any support request outside this period will be handled by our basic support.

8. Payments
All costs for the services, one-time installation charges specified in the purchase order, must be paid in advance to WEB SOLUTIONS HOSTING. All such payments made to WEB SOLUTIONS HOSTING must be supported by a Purchase Order. In addition, the customer shall pay all taxes under this AGREEMENT.
All payments must be paid in U.S. dollars within 15 days from the date of issuance of the purchase order, in the case of renewals these will be issued 15 days before the last day of the paid period. You can pay with any credit and/or debit card, Visa or Master Card. This will notify us by email when you have made the payment. From the notification, within 48 hours your payment will be validated to start processing your order.
9. Purchase orders and invoicing
Purchase orders and tax invoices are sent by email. Renewal purchase orders will be generated 15 days prior to the end of the paid period, within these 15 days 3 late payment notices will be sent. Service will be suspended at 00:01 hours on the day following the end of the paid period. Purchase orders expired for a period longer than 60 days for the web hosting and reseller service, and 15 days for any other service will be cancelled and all information will be deleted.
10. Delay in payment
Service will be suspended on accounts with expired purchase orders after three email notifications have been sent within 15 days prior to the expiration date.
11. Duration and termination
The commencement of the service shall commence on the date of generation of the first purchase order and shall be for the period indicated in the contract between the parties. The service will be renewed for successive periods of the same period indicated in the first purchase order until terminated by either party. The customer agrees to pay the purchase orders to renew the service, if the CONTRACT is not terminated on the corresponding dates. After the initial commitment contained in the purchase order, either party may terminate this AGREEMENT prior to the renewal date (renewal date corresponds to the day of the month detailed on the first purchase order). The customer must request the term and not renew the service within 48 hours of the renewal date. WEB SOLUTIONS HOSTING may terminate the contract without prior notice backed by the Policies applicable to such service.
The termination and non-renewal of the service must be done through the "Client Area" in the "View Details" tab of the service and select the option "Request Cancellation" at least 48 hours prior to the renewal date. The cancellation of the service can be done immediately or once the contract period has expired. There is no refund or credit when early termination of service is requested. You should not request termination of service if you wish to request a refund in accordance with the "Refund Policy".
12. Downgrading and upgrading
It is not acceptable to downgrade or reduce the contracted service plan. In this case, the customer must contract the new service and migrate his previous service to the new one.
Upgrades are allowed within the same type of service and provided that there is sufficient availability of resources and/or stock in the server, node or data center. Upgrades will be charged on a pro-rata basis from the date the upgrade is ordered until the next renewal date. The upgrade purchase order must be paid prior to the upgrade becoming effective. Once the upgrade has been performed, the next renewal purchase order will be issued for the new value of the service. An upgrade is not allowed if the renewal purchase order has already been issued or if a delinquent document has been issued, the customer must pay the outstanding document prior to making an upgrade.

13. Privacy
WEB SOLUTIONS HOSTING will use the CLIENT's personal information only when reasonably necessary to provide the contracted services, make collections due and will not disclose such information to third parties, except when required by law as evidenced by an order of a court of competent jurisdiction and collection services, if necessary. The CUSTOMER authorizes the hosting to use its name and company name in advertising material documents. At any time, the CUSTOMER may send a written notice to waive this authorization.
14. Immediate threats
If, in WEB SOLUTIONS HOSTING's reasonable determination, the equipment, software or hosted applications used by the customer or the activities of the customer represent an immediate threat to the physical integrity of the premises or the physical integrity of the computer equipment or the integrity of WEB SOLUTIONS HOSTING's network, or represents an immediate threat to the safety of any person, WEB SOLUTIONS HOSTING has the right to take any action deemed necessary without prior notice to the customer and without any liability for damage to equipment or data in the service interruption. As soon as possible after eliminating the immediate threat, WEB SOLUTIONS HOSTING will inform, by email, the customer of the actions taken or measures taken.
15. Insurance
In any case, WEB SOLUTIONS HOSTING is obliged to provide insurance coverage for any equipment or data owned by the customer.
16. Backup copy
WEB SOLUTIONS HOSTING will make every effort to provide a backup mechanism and maintain complete backups of all web hosting and services. However, the customer must maintain a personal backup of their software, sites, databases and all hosted content. WEB SOLUTIONS HOSTING will NOT be responsible for any loss or corruption of data.
16.1 VPS Server, Dedicated Server and Cloud Server Services
The VPS Server, Dedicated Server, and Cloud Server services do NOT include a backup service. The Customer may, if desired, hire the backup service as an additional product.
17. Force majeure
Neither party shall be liable for any delay, interruption or failure to perform its obligations if caused by catastrophes, wars, declared or undeclared, fires, floods, storms, landslides, earthquakes, or any other similar event beyond the control of WEB SOLUTIONS HOSTING ("Force Majeure"). If a Force Majeure event occurs, the party affected by the Force Majeure shall immediately notify the other party. The party invoking the Force Majeure shall use commercially reasonable efforts to eliminate or remedy the Force Majeure.
THIS SECTION SHALL NOT APPLY UNDER THE PRETEXT OF FAILURE TO MAKE A PAYMENT ON AN OVERDUE DOCUMENT.
18. Suspensions
WEB SOLUTIONS HOSTING in order to resolve more quickly the requests of customers affected by suspensions in their services, we have implemented a new team concerned only to review these cases, the department of suspensions is available in a single schedule Monday through Friday from 8: 00 to 18:30 hours, requests linked to this department that are out of hours, Saturdays, Sundays and holidays, will be escalated and notified by our basic support.

18.1 Suspensions:
Customers whose account security has been compromised will be notified via email with the details of the suspension, the reasons for the suspension and the steps to follow.
Customers with suspended accounts may directly contact our suspensions department, and may request the information they deem convenient during the above-mentioned hours.
Our suspension team should provide information on the affected routes, as well as recommendations to avoid problems in the future.
Each cPanel account has a maximum of 3 (three) suspensions, in cases where the customer exceeds this limit, if the customer will initiate the refund process of the affected account.
The account may be suspended for the following reasons
- Mass mailing (SPAM): Accounts that voluntarily or involuntarily send e-mails will be immediately suspended. This is a serious offense.
- Phishing: Accounts with routes linked to this type of crime will be suspended immediately. This offense is considered serious.
- Account Misuse: Customers who use the account for purposes that are not associated with proper use will be suspended, e.g., accounts that are used as file storage units indifferent to a website will be suspended.
ACCOUNTS THAT FALL INTO A FOURTH SUSPENSION WILL NOT BE REACTIVATED IN OUR SERVICE, FOR THESE ACCOUNTS WILL BEGIN THE PROCESS OF PROPORTIONAL REIMBURSEMENT OF THE ACCOUNT FOR THE UNUSED DAYS, ALONG WITH THIS WILL BE DELIVERED A FULL BACKUP OF THE ACCOUNT. THE PROPORTIONAL REFUND OF THE ACCOUNT WILL BE CALCULATED BASED ON THE REMAINING UNUSED DAYS OF THE SERVICE.
19. Indemnification
You agree to indemnify, defend and hold harmless WEB SOLUTIONS HOSTING and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
20. Divisibility
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, without such determination affecting the validity and enforceability of the remaining provisions.
21. Full agreement
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.
22. Applicable Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Mexico.
23. Changes in the Terms of Service
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
24. Contact information
Questions about the Terms of Service should be sent to info@websolutionshost.com.