These General Conditions of Service ("CGS"), together with the other terms and conditions contained in the Service Requests ("PdS"), govern the provision of services offered by INOVAWEB to customers ("Customer (s)"). Web Design & Services Hosting based in São João da Madeira - Distrito de Aveiro. The agreements between INOVAWEB and the Client, relating to each Service, are deemed to have been concluded upon receipt by INOVAWEB of the payment of the Fees for these Services.
Clause I - General use of the services, a website template and web hosting service 1) The web hosting service consists of the hosting of the client's site or an account of our platform, in a web server, in order to allow any Internet user, who has access to a computer, with Web-browser client Explorer, Mozilla, etc.), and internet connection, access to this site, at all times. 2) The accommodation is shared, except at the request of the client, and can be on individual server (VPS or Dedicated Server). The site of the client will share the server with other sites, according to the contracted resources and with the standards that are in these general conditions. The use of server resources obeys this sharing principle. 3) The accommodation may suffer temporary and occasional interruptions. Examples of situations that may cause temporary disruptions: upgrading and configuring server software, server hardware or software failures, upgrades to the web site. Any interruption will take the minimum of time required for the problem to be resolved. At the date of publication of these general conditions, the average server uptime of our company is higher than 99.9%. 4) The service provided includes the hosting of email accounts. The server to be used by the client will support the POP3, IMAP and SMTP protocols allowing mail sent to these email accounts to be saved on the server so that it can be queried by the client through the various available webmail programs. You can also download this mail to your computer, provided you have the necessary software (Outlook Express, Mozilla Mail, etc.). 5) The client can not transmit (legal concept) the resources contracted.
Clause II - Rules regarding the use of the service The client undertakes to: 1) Ensure the security of access to your client area in Inovaweb and the content manager inovamanager and also:
(a) Prevent third party access to passwords
(b) Periodic and frequent change of passwords of client areas.
(c) Failure to use programs with possible security breaches.2) Back up the information and content hosted on our server, at a frequency appropriate to the frequency of updates of this information, to prevent loss of data, regardless of the cause of such loss. Inovaweb makes daily server backups. 3) Does not violate any law that is in force in the Portuguese legal order or in any legal order that is applicable according to the rules of private international law, including copyright and industrial property. The commission of criminal offenses, such as the publication or transmission of child pornography, shall be reported to the competent criminal police. The concept of transmission used here includes, in addition to the legal concept, the transmission of any file to and from the server. 4) Do not send SPAM: commercial information not requested by the recipient, sent to more than 1 recipient, including junk mail, chain letters and pyramid schemes; do not refer to any client domain hosted on our servers in any spam message; do not associate any email account hosted on our servers with any spam message. These obligations also apply in the case of mailing lists. Any message sent to a subscriber of a mailing list must include a link that allows the immediate and automatic removal of that mailer's email account from the mailing list. INOVAWEB also underlines that it will hold the Client liable even when the illegal activity of spam is carried out through different e-mail addresses than that acquired from Inovaweb.
4.1 Inovaweb reserves the right to suspend the Service if it considers that the Client carries out activities that violate, in a gross and patent manner, the obligations set forth in this article or in the general law, or in case of a complaint of violation of third party rights, supported or not by ANACOM, and the suspension will last until you eliminate the causes of the dispute or submit to Inovaweb suitable documentation capable of attesting that it does not violate the rights of third parties.
4.2 The Customer acknowledges that it is solely and exclusively responsible for the activities performed through the Service or directly or indirectly related thereto, even if it subscribes to a service on behalf of a third party authorized by it and will be responsible for the contents and communications inserted, published, disseminated and transmitted by or through the Services.
4.3 Inovaweb shall not be liable in any way for any illegal, criminal, civil and administrative acts committed by Customer through the Service. The Client undertakes to exempt Inovaweb from any action, instance, claim, cost or expense, including legal expenses related, possibly arising from the failure of the Client to comply with the obligations assumed and the guarantees provided with the acceptance of these CGS or with a PdS and, in any case, linked to the use of the Services by the Customer.5) It does not violate security or impair the functioning of any server, computer system or telecommunications or any transmission of data between such systems, which includes any attempt or any computer process containing code that can be used for this purpose and also includes sniffing actions. 6) Do not publish any information associated with crackers, hackers, warez or insert links to sites that publish this information. 7) Do not transmit available resources to third parties, especially to anonymous ones. 8) Do not post or transmit (to and from the server) any pornographic content. The Client undertakes not to insert, and not to allow third parties to insert, content that violates the privacy, copyright and intellectual and industrial property in general or offensive, or that may in any way harm or endanger the image or from Inovaweb. The Client also undertakes not to carry out acts of computer hacking through its Internet access. 9) The Customer also undertakes not to use the Services for illegal purposes and in no way violates the applicable national and international regulations, even if applicable. 10) Inovaweb reserves the right to suspend the Service if it considers that the Client performs activities that violate, in a gross and patent manner, the obligations set forth in this article or in the general law, or in case of a complaint of violation of third party rights, supported or not by ANACOM, and the suspension will last until you eliminate the causes of the dispute or submit to Inovaweb appropriate documentation capable of attesting that it does not violate the rights of third parties. 11) The Customer acknowledges that it is solely and exclusively responsible for the activities performed through the Service or directly or indirectly related thereto, even if it has subscribed a service for the account of a third party authorized by it and will be responsible for the contents and communications inserted, published, disseminated and transmitted by or through the Services. 12) Inovaweb shall not be liable in any way for any illegal, criminal, civil and administrative acts committed by Customer through the Service.
Clause III - Request for services on behalf of third parties In the event of a Customer request (or, for the purposes of this Article, Reseller) that provides, even for free, Inovaweb services, Customer shall adapt to the following conditions: 1) The Reseller undertakes to have the obligations set forth in this contract approved and enforced by the final customers. 2) For the domain registration request, the Reseller also undertakes to make known and enforce the Technical registration rules and procedures. 3) The Reseller also undertakes to make known to the final customer and to enforce the obligations contained in clause II of this contract. 4) Reseller will always be solely responsible to Inovaweb for the fulfillment of the obligations contained in clause II and VI of this agreement, without prejudice to any right of return on the final customer. 5) Reseller agrees to ensure that requisitions will not violate the rights of third parties. In particular, in the case of a domain registration application, that the applications will relate to Domains for which the final customer to register has expressly stated that they have all rights. 6) Reseller agrees to keep updated its data and that of final customers, informing Inovaweb immediately any update. 7) Reseller agrees to ensure compliance with the Privacy and Data Protection laws. 8) Reseller agrees to send to its own customer any service communications that Inovaweb deems useful. Reseller will assume responsibility to the end customer and Inovaweb for breach of the obligation to communicate the information provided in this section. Only in cases foreseen by the Registration Authority and expressly required by it, Inovaweb may directly contact the final customers to send information, it is clarified that this information will not be commercial in nature. 9) Reseller guarantees that purchases made on behalf of third parties, end customers or all activities performed by Reseller on behalf of final customers will only be made after payment of the charges for the purchase of the service by the final customer. Reseller will be solely responsible and undertakes to exempt Inovaweb from any consequences arising from the unauthorized acquisition by the third party of Inovaweb services and / or products. 10) Reseller assumes responsibility for the Inquiries sent to Inovaweb and undertakes to exempt Inovaweb from any third party claim relating to and in connection with the performance of the Agreement and / or violation by the Reseller or by whomsoever is registering, of the obligations , statements and warranties contained in this agreement. Clause IV - Suspension and Cancellation 1) Our agency may suspend or cancel the web hosting account without the client being entitled to any refund or compensation if the client violates any of the obligations set forth in clause II of these general conditions or if the use does not fit the type of use provided for in clause I. 2) Our agency will freely choose between suspension and cancellation. The criteria used to date to apply the most serious or less serious sanction are the gravity of the infringement, the damage caused to third parties and the fault of the customer.
Clause V - Duration of the contract 1) This agreement begins when payment of subscription of the services since with first payment the Client declares the knowledge and acceptance of the terms and conditions presented herein. 2) The contract will have the duration of the accommodation time contracted and paid by the client. 3) Automatically renews at the end of this period for a period of time equal to the initial one. 4) Either party may terminate the contract provided that it notifies the other party in writing 30 days in advance.
Clause VI - Price and Procedure 1) During the initial period, the price will be the one that was contracted and will appear in the particular conditions. 2) In case of renewal, the price to be paid by the customer will be the one published on the respective site on the renewal date and the respective expiration date will be the 1st business day of the new contract period. 3) All payments must be made to Inovaweb in advance for the period of the Accommodation Service to which they relate. Inovaweb, on the date of renewal of service, sends to the Customer, by mail, the notifications of launch of debit movement indicating the amount to be paid by the customer and payment data. The customer has 15 calendar days to make the payment. The corresponding invoices / receipts will be issued after confirmation of the payment made. Inovaweb does not issue advance invoices. All accounting movements are always present in the respective customer area for consultation and printing of the accounting documents posted there. This area, protected by login and password, is developed for the client when the first subscribed service is activated. 4) The Accommodation Service will be suspended, in accordance with the provisions of clause IV in the event that the Customer does not pay for the Service, as indicated in the previous number. When the service is suspended the domain will point to a pre-defined page of Inovaweb informing about its suspension. 5 (five) 5 days after the suspension of the Hosting Service, and in the event that payment is not made in the meantime, the hosting account may be completely erased from Inovaweb servers, while the unpaid amount(s) until the fulfillment of the stipulated in Clause V point 4. 5) In the scope of the provision of the Accommodation Service, Inovaweb can not be held responsible for any loss of data / information that may result from the suspension or cancellation of the Accommodation Service due to lack of payment. 6) In case of default attributable to the Customer, Inovaweb will collect the amounts due and default interest calculated at the applicable commercial rate, and may also cumulatively suspend the provision of the service under the provisions of clauses IV and VI.
Clause VII - Misuse 1) The client may not use any program, script or process that monopolizes server resources or causes errors in its operation. 2) Our agency may terminate, deactivate, remove and, in the latter case, delete this program, script or process, in order to ensure the proper functioning of the server and the equitable distribution of resources by the respective users.
Clause VIII - Technical Assistance Our agency will provide technical assistance in accordance with the following standards: 1) The object of the technical assistance must be any malfunction or error in the operation of the server or any request for help regarding the use of BackOffice. 2) Technical assistance will respond within 24 hours. The average response time on the date of publication of these general conditions is much shorter than the established deadline. 3) Our agency will provide free technical assistance to the use of pre-installed software (Inovamanager, Webmail)
Clause IX - Notifications 1) Any notification between the parties must be in written form and must be sent by email or registered letter. 2) Inovaweb's email for any notification is email@example.com. And the address is: Travessa das Pedrinhas 79 3700-854 São João da Madeira
Clause X - Judicial Forum and Acceptance of Services This Agreement is governed by Portuguese Law. Our agency and the client agree that any legal action whose object is any question related to these general conditions and the respective contract will be exclusively tried in the competent court of the county of São João da Madeira or Santa Maria da Feira. Under the terms of the Law, I declare to have carefully read and expressly approve all clauses herein.
Satisfaction guarantees Inovaweb undertakes to make available the services subscribed by its customers through the platform http://inovaweb.pw and the site https://inovaweb.eu/en upon receipt of confirmations of the respective payments and within the working hours ( working days from 9 am to 8 pm). We remind you that the availability of a domain may be temporary so that, upon receipt of payment confirmation, it may no longer be verified.
Emerging litigation of service provision Pursuant to article 15 of the Public Services Law (Law no. 23/96, July 26), disputes arising from the provision of services by Inovaweb to its Customer, when it is a natural person, shall be submitted to the Arbitral Tribunal of Consumer Conflict Arbitration Centers, if the Client expressly and in writing expresses this intention. Alternative dispute resolution - Consumers