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Terms and conditions of the service

On the one hand, Go-Host México and on the other hand, the user (hereinafter client), natural or legal person who fills out the contracting form and declares to know and freely accept, after learning about the service and its operation, this contract.

Both parties, Go-Host México and the client, are interested in formalizing this contract by accepting the terms and conditions established in the following

The following is agreed

1. Object of the Contract

1.1. The object of this Contract is the provision by Go-Host of support, update and maintenance services [hereinafter, the "Service"], of products and computer programs related to the management of mobile applications and web services [hereinafter the "Software"]. The characteristics, specifications and general conditions of the Service are detailed in this Contract and the particular conditions of the Service contracted by the CLIENT are specified in the Annexed of the contract.

1.2. Only the Software provided by Go-Host, or those products and computer programs distributed by Go-Host.

2. Conditions of service

2.1. Go-Host has the technical and organizational means necessary to carry out the provision of the Service, and will make available to the CLIENT the appropriate technical or professional staff for its provision.

2.2. The Service includes the following services by Go-Host:

• On-line support: Telematic assistance service through email (E-mail: support@gohost.com.mx), SMS, OnLine chat, Whatsapp, for solution of doubts, queries, advice and / or notification of problems on any aspect of the Software .

• Remote connection: Telematics assistance service through secure remote connection for solution of queries, advice, problem solving and / or notification of problems related to the Software.

• Documentation: Access to the library of videos and guides Go-Host.

• Upgrades: Go-Host will make available to the CUSTOMER the new versions and / or updates of the Software, so that the applications are always up to date and with the maximum benefits. Software updates are done automatically and are part of the monthly maintenance fee paid for the service.
• Clients Area: Through secure connection through the website of Go-Host, the CLIENT will be able to access different services (Payment history, online help, updated information, etc.)

2.3. Go-Host will provide the Service from its offices, by the means it deems appropriate, within working hours and according to the official working calendar:

Monday to Friday from 09:00 to 14:00 and from 15:00 to 19:00.

2.4. The average response time for inquiries will be twenty-four (48) hours or less, although in the case of application errors, the problem resolution time may be longer or even have no short-term solution. In these cases Go-Host will offer suggestions to try to get around the error.

2.5. Occasionally, software or hardware updates may require a restart of the servers that provide the information and image hosting service for the CLIENT's application, in which case every effort will be made to carry out such updates at night to avoid interruptions in the service. .

2.6. For the provision of the Service, it will be an essential condition that the CLIENT is up to date in the payment of the monthly maintenance in advance and that he has completed the payment of the implementation in a period not exceeding 3 months from the date of the first monthly payment. Go-Host México undertakes to generate the mobile application within a period of no more than 15 calendar days, with all the information, images and videos provided by the CLIENT

2.7 If the CLIENT makes use of the mobile store, service directory or document repository, it is established that Go-Host México will not be responsible for capturing the corresponding information and that the CLIENT will be responsible for said capture.

2.8 Go-Host México undertakes to provide the software service in the cloud with access to the control panel and providing support for the proper use of the software during the service hours established in this contract, as long as the CLIENT is up to date. in payments for this service

3. Economic conditions

3.1. The Service is established on a monthly, quarterly, semi-annual or annual basis depending on the version of the mobile app in question. The price and payment method may vary in relation to the app version, the complexity of the implementation, etc.

3.2. The payment of the Service will be made preferably by bank transfer to the account of Go-Host. Payment may also be agreed by bank deposit that is indicated in the annex to this contract, the payment will be made in advance of the provision of services.

3.3. The price of the Service will be increased with the legally applicable VAT (or applicable taxes) and may be revalued annually, in the month of January of each year, taking as a reference the increase in the exchange rate of the Mexican peso against the dollar. Go-Host will notify the CLIENT in writing of said increase in advance.

3.4. Failure to pay within the agreed terms and terms will lead to the interruption of the provision of the Service, not being responsible Go-Host México and in which case the privilege of having the monthly fee with a discount would be lost, so if the client decides to resume the service they will have to pay the normal service fee. In any case, once the payment has been made up to date, the provision of the Service will be resumed as soon as possible.

3.5. In case of provision of support services or technical assistance not included in this Contract, the current rates will apply, which Go-Host will make it available to the CLIENT at all times. In any case, the CLIENT may request a prior budget for all those services excluded from the contracted Service.

4. Excluded benefits

4.1. In no case will problems unrelated to the operation of hardware and software other than that which is the object of this Contract be included. Issues related to the contracted Software will be addressed solely and exclusively, excluding all those issues related to the management or operation of other applications or operating systems owned by other entities or brands.

4.2. Neither will the Service cover the technical assistance necessary to solve problems arising from misuse of the program, failure of the computer network or mobile devices, computer viruses, recovery of backup copies and any other cause other than the normal use of the Contracted software.

4.3. The Service does not include the displacement of the technical service to the CLIENT's facilities. When for specific or circumstantial reasons such assistance may be necessary, the service will be billed with the inclusion of hours of service and payment of per diem for the personnel of Go-Host.

5. Duration

5.1. The duration of the Contract is established from the date on which the CLIENT made the payment for the services and for the months that he has paid in advance.

5.2. The Contract will be automatically renewed for successive periods, unless one of the parties resolves it, at any time of its validity, by means of a written notification that guarantees confirmation of receipt, not less than one (1) month in advance.

6. End of your contract

6.1. Either party may terminate this Contract with immediate effect by means of a written notification guaranteeing dated receipt confirmation, in the event of serious breach by the other party of its contractual obligations or in the event of exceptional circumstances that justify an early termination.

6.2. Go-Host will have the right to declare this Contract terminated immediately, without giving prior written notice to the CLIENT, in the event that one or more of the following circumstances occurs: (a) Due to the failure to pay by the CLIENT of the corresponding amounts in the expiration date of each one of them; (b) If the CLIENT includes in their applications pornographic, violent or offensive or inappropriate material at the discretion of Go-Host México, or in any other way involved in activities prohibited by Mexican law.

7. Responsibility

7.1. Go-Host will take care of the correct functioning of the Software in optimal operating conditions, excluding any responsibility if the instability or the incident is caused by the manipulation of third parties and / or people who do not have the corresponding accreditation. Go-Host It will not be responsible in any case for the conditions derived from the incorrect or misuse of the Software.

7.2. Software errors will not be considered to be those operating system problems that appear after the installation and start-up of the Software, or that are not indicated in its requirements. Nor will incompatibilities with certain devices such as printers, etc., be considered Software problems, since it is the manufacturer's responsibility that their drivers work with the applications developed for the operating system. Supposed benefits, reports, etc. are not considered a program error. that the user considers that the program should have.

7.3. Go-Host excludes all liability for damages of any kind that may be due to fraud of the utility that the CLIENT may have attributed to the Software or the Service. Consequently, you will not be liable for loss of profits and damages as a result of the use, operation or performance of the Software. And it will only be responsible for the breach of its obligations defined in this Contract, if the performance of such obligations has been impeded, interfered with or delayed by circumstances that are reasonably beyond the control of Go-Host.

8. Duty of collaboration

For the provision of the Service, the collaboration of the CLIENT will be necessary, who must facilitate access by Go-Host to all the information necessary for the correct development of the object of the Contract. The breach of the duty of collaboration by the CLIENT, or its employees and collaborators, exonerates Go-Host of any responsibility derived from the breach of its obligations in accordance with the provisions of this Contract.

9. Confidentiality

The information and documentation provided by the CLIENT to Go-Host is confidential, so it will be for internal and exclusive use of professional staff or collaborators hired by Go-Host for the provision of the Service, and may not be transferred or communicated to third parties, unless said transfer or communication is inherent to the provision of the Service or that the client authorizes the sharing of their contact information for commercial reference purposes. The obligation of confidentiality will last beyond the term of this Contract.

10. Data Protection

10.1. Go-Host It will only treat personal data in accordance with the CLIENT's instructions, it will not apply or use them for a purpose other than that provided without the prior consent of the CLIENT.

10.2. Go-Host is obliged to adopt and implement the necessary technical and organizational security measures that guarantee the security of personal data and prevent its alteration, loss, treatment or unauthorized access, in accordance with the provisions of the LOPD and in its implementing regulations.

10.3. Go-Host undertakes to communicate and enforce to its employees and collaborators, the obligations established in the previous sections and specifically those related to the duty of secrecy and security measures.

11. Entire Agreement

11.1. This Agreement replaces any other prior agreement between the parties regarding the Software Maintenance Service that is the subject of the same. The annexes to this Contract are an integral part thereof.

11.2. No additions or modifications will be valid, unless they are in writing, or to the extent that each of the parties with their respective actions has recognized it.

11.3. If any provision or clause of this Contract is null or unenforceable, the Contract will be taken as a whole so that it takes effect as close as possible to the original intention of the parties.

11.4. The parties agree to consider this Contract as the provision of services and, consequently, it is neither set nor expected to achieve a specific result or purpose.

11.5. The relationship between the parties is exclusively commercial, with no employment relationship between the CLIENT and the staff of Go-Host.

11.6. Communications and notifications between the parties to this Contract will be made to the addresses listed in the heading thereof.

12. Jurisdiction

For any divergence that arises from the interpretation, application and execution of this Contract, the Courts and Tribunals of Monterrey, Nuevo León, Mexico will be competent, the parties expressly renouncing any other jurisdiction that may correspond to them.

The client accepts this contract with the terms and conditions described in it with the simple fact of registering voluntarily and making the first payment for the services.