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Wavenet SA Services Contract
Legal

PLEASE READ THESE TERMS CAREFULLY BEFORE CONTRACTING THE WEB HOSTING SERVICE. IF YOU DO NOT ACCEPT THESE TERMS, YOU WILL NOT BE ABLE TO ACCESS OUR SERVICES. THE APPLICABLE JOINNESS APPLICATION SHALL BE EVIDENCE OF YOUR ACKNOWLEDGMENT THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND AGREED TO ENTER INTO THE DETAILED CONTRACTUAL RELATIONSHIP. WE RECOMMEND THAT YOU KEEP A PRINTED COPY OF THE CONTRACT AS A REFERENCE DOCUMENT.

This Agreement (“Agreement”) governs between you (“Customer”) and Wavenet SA (“Wavenet”), beginning on the date you request a service plan (the “Plan”) provided by Wavenet. Wavenet is a company dedicated to the business of offering, among other things, internet presence services, premium application and website hosting, and cloud servers, among others. Wavenet may amend this Agreement at any time by posting it in its entirety on its website. The client certifies that he has read and understood this Agreement and acknowledges the duty to verify these conditions periodically. Without limiting the generality or effect of the foregoing, Wavenet may add, discontinue or modify some or all of its Services at any time and at its sole discretion. By accepting this Agreement, Customer (I) represents and warrants that he or she is at least 18 years old and is an authorized representative of the organization or entity that he or she purports to represent, and (II) agrees to provide the true, accurate, current and complete information about your personal or entity data required in the account registration process.

Services

  1. 1.1 WEBMAX - xSERVER. Under the terms and conditions of this Agreement and the Plan selected by Customer, Wavenet agrees to provide Customer: (i) space on a server or one or more dedicated servers, to host data, applications and systems on the Internet ( “service”), (II) one or more licenses to use the PLESK or CPANEL Control Panel and other software(s) owned by their respective manufacturers that will be billed additionally depending on the values ​​that said software manufacturer establishes (“External Software” ), and (III) other services more specifically defined in each Customer service plan (collectively, “Services”). Customer hereby agrees that Wavenet is only responsible for providing the Services defined in the plan selected by Customer and by this Agreement, and is not responsible for providing any other services or tasks.
  2. 1.2 Availability of the service. The website or server will generally be accessible to third parties 24 hours a day, seven days a week, except for scheduled maintenance and required repairs or equipment upgrades, and except for any loss or interruption of Connectivity Services due to causes beyond the control of Wavenet or that are not sufficiently foreseeable by Wavenet, including but not limited to, interruptions or telecommunications failures in the digital transmission that connects the servers to the Internet network, security failures in servers whose predictability is unforeseeable, or cases in which the client has full access to the administration server through full administrative access, in which case it will be impossible for Wavenet to maintain total and exclusive control. Wavenet undertakes, based on the service chosen, to maintain a Backup policy that prevents the loss of data as much as possible in the extreme case of our security systems, or security flaws in the software used by the client, in order to guarantee no or minimal possible loss of data in extraordinary situations. PLEASE SEE SECTION 3.2 FOR UPTIME 99.98% GUARANTEE.
  3. 1.3 Updates. Within the services, Wavenet will provide the Client with a system and Software necessary for the Client to request from Wavenet any update, improvement or modification ("Updates"), to the Service. Wavenet will update the service(s) provided that (I) the Customer is not in default of its payment obligations, (II) such updates are feasible within the scope of this Agreement; and (III) such updates are performed in accordance with the “Server Ready” principle (as defined below).
  4. 1.4 Updates to service values ​​will be published on the Wavenet site. Those updates that include paid Software licenses will be transferred to the Client for the consideration of Wavenet.

TERMS AND RENEWAL

2.1 This Agreement shall begin on the date of application for membership and shall continue for the period of time indicated in the Plan (“Initial Term”), unless there is early termination as provided in Section 9 below. . This Agreement will automatically renew for periods equal to the Initial Term (each, “Renewal Term”) unless either party states at least thirty (30) days prior to the end of the Initial Term or Renewal Term, as applicable, who has elected not to renew the Agreement. For general safety and security reasons of all customers, Wavenet requires that all notices of non-renewal of the Agreement be made by completing the appropriate form at https://bajas.wavenet.com, specifying the account or domain name, and the personal data of the service owner. In cases where services are contracted from third parties, such as assigned additional bandwidth, the minimum contractual periods will be 12 months.

LIMITED WARRANTIES

  1. 3.1 30-Day Money-Back Guarantee Wavenet extends an unconditional money-back guarantee to the Customer for the first thirty (30) calendar days from the date of service registration (“30-Day Guarantee”) . This Guarantee will begin to take effect upon the complete installation of the Client's Plan (“Registration Date”). To enable the 30-Day Guarantee, Customer must notify Wavenet with the account or domain name, password, reason for cancellation, and authorized signature at (011) 5199.1799. Upon receipt, all Services will be terminated and all amounts for effective provision of the Service will be credited to the Client's credit card or returned by check (amounts paid for Setup or Enablement Charge are excluded. ).
  2. 3.2 99.98% Uptime Guarantee. Subject to the limitations contained in this agreement, Wavenet hereby warrants that the following services will have an average monthly Uptime of in no case less than 99.8% which will be calculated on an annual basis: http, ftp, SMTP and POP3. The month begins on the first day of each month and continues until the last day of that month. In the event of any loss or interruption of Service below the 99.8% Uptime guarantee and not due to (I) scheduled maintenance and/or necessary repairs, (II) causes beyond the control of Wavenet, or (III) causes that are not sufficiently foreseeable by Wavenet, including, but not limited to, interruptions or failures in telecommunications or in the digital transmission that connects the servers to the Internet and/or loss of latency or failures in performance on the Internet , the Client will receive a bonus equal to the month of service of the contracted Plan, thus exhausting all responsibility for the interruption or failure of the service below the guarantee of this clause. The percentage of 99.98% Uptime will be determined by the systems that Wavenet has for this purpose. This guarantee includes solely and exclusively the disconnection of the Internet service, excluding failures of other types in the service.

CHARGES AND PAYMENTS

  1. 4.1 Charges. The customer must pay in advance all charges for their Service in accordance with the prices, terms and conditions of this contract and the Plan to which they subscribe. Wavenet is entitled to modify the plans and their characteristics, and must notify these modifications thirty (30) days in advance of the date on which they will become effective for the client.
  2. 4.2 Payments and late fees. At the beginning of the contract, the Client must pay, on a one-time basis, the installation fee for the Service, which will be debited immediately if the client makes payments via Credit Card. The charges for the services will be governed in terms of their amount and frequency in accordance with the rules established for the Plan subscribed by the client and the values ​​published on our website, as of the Service Registration Date. This Agreement governs both the Initial Term and the Renewal Term, and by this Agreement, the Client agrees to pay the charges in full in accordance with the Plan that he/she selected of his/her own free will. All payments must be received on Wavenet by credit or debit card, or in your Bank Account before 15:00 p.m. of the payment or expiration date indicated. Under the regime of this agreement, default is automatic. The customer will pay an additional charge of 10% per month after the invoice is due, or the maximum permitted by applicable law, on any unpaid amount for each month or fraction overdue plus a reconnection fee of $3500 + VAT, for WebMAX Plans , and $5000 +VAT for xServer services for account reconnection. Late payment for any service will void any and all service level guarantees included in this contract, Wavenet reserves the right to immediately and without prior notice eliminate any type of temporary bonus granted. The client will be responsible for all costs, damages and expenses that his late payments may cause, including, but not limited to, reasonable attorneys' fees and costs of the proceedings. All issues related to administration, accounting or billing must be directed via e-mail to adm@wavenet.com or by telephone to 5199-1799 from Monday to Friday from 10 a.m. to 18 p.m.
  3. 4.3 Payment methods. The client can pay the charges corresponding to their services through a deposit in the Current Account appropriately indicated by Wavenet in legal tender. If payment is not received before the established due date, the Customer will receive a service suspension notice via email. After the expiration date, the service may be suspended at any time at Wavenet's sole discretion. Payments with debit cards are also accepted.
  4. 4.4 Credit Cards. The client may also make payments through the following credit cards: MasterCard, Visa, American Express and Diners Club in legal tender. The corresponding charges will be debited from the card seven (7) days before the Payment Date of the Credit Card number specified timely at the time of accession in the service request form. Payment by Credit Card implies the authorization to debit all future charges and repeat them if necessary, as well as charges generated by use beyond the limits established in the service contracted by the client. If the Client's Credit Card is rejected, for any reason, a notice will be sent to the Client via e-mail to inform them of the situation and cancel the outstanding balance. If the applicable payment is not received on the specified date, Wavenet will make a final attempt to collect from the Customer's Credit Card on the Payment Date. If payment is not received on the established due date, the Customer will receive a service suspension notice via email. After the expiration date, the service may be suspended at any time at Wavenet's sole discretion. Finally, in the event that payment is not secured or received, a service suspension notice will be sent to the Client via email. After the expiration date, the service may be suspended at any time at Wavenet's sole discretion. When a voluntary rejection or stop-debit is registered, Wavenet may immediately suspend all Customer Services until such time as all pending charges are paid in addition to an additional $3500 + VAT for WebMAX Plans and $5000 + VAT for plans. xServer and for the rest of the services as account reconnection.
  5. 4.5 Price Conflict. Customer must notify Wavenet in writing of any conflict or dispute regarding charges debited from their card within thirty (30) days of receipt of the invoice detailing such charges. If in that period of time, the Client does not make any claim towards Wavenet, it is understood that he has waived all right to dispute or obtain reimbursement of those payments.
  6. 4.6 Suspension of Services. Failure by the Client to partially or fully pay any outstanding payment or debt will be considered a material violation of this agreement justifying, at Wavenet's sole discretion, the immediate suspension of the service. This suspension does not imply in any case the release of the Client's obligation to cancel all charges and balances due to Wavenet under this Agreement. To lift the suspension of the Service, the Client must pay Wavenet an account reactivation fee of $3500 + VAT, for WebMAX Plans, and $500 + VAT for xServer plans and the rest of the services, in addition to fully completing all balances. earrings. The reactivation of services will be carried out only during Wavenet's business hours (Monday to Friday from 10:00 a.m. to 18:00 p.m.). Oral or written communication by the client announcing any breach hereof will constitute immediate termination of the contract and suspension of services.
  7. 4.7 Taxes. All charges hereunder do not include taxes or other national, provincial, local and/or foreign obligations on sales, use, transfer, consumption, public services, gross receipts and value added (VAT) and other similar levy type charges, including surcharge related taxes or applicable tariffs; those that the client agrees to pay.

CUSTOMER OBLIGATIONS

  1. 5.1 Client Contents. The client will provide all materials comprising the service including, but not limited to, all images, photographs, illustrations, graphics, audio files, video files or text which must in all cases be configured in the correct format under the “Server Ready” structure, that is, without requiring any type of manipulation or transformation by Wavenet. The client is solely responsible for the contents of the service, as well as for any sending or transmission of data or any other use of the Services by him or by any person or entity authorized or not authorized to have access to the Services. Wavenet reserves the right, at its sole discretion, to exclude or remove from the Client Website any content, program or application based on the following reasons: (I) The content or files of the site do not meet the requirement of the “Server Ready” structure, (II) When one or more programs or scripts consume an unreasonable amount of CPU, RAM, or other system resources that affect the normal operation of the service and/or access to the remaining services hosted on that same Server, (III) when the Client is the subject of a governmental or official investigation or complaint, (IV) if the Client runs or executes harmful JAVA Servlets on the Server, or (V) any other reason that may violate or violate any law or right of an interested third party, or which, on the other hand, may potentially expose Wavenet to civil or criminal liability or adverse public exposure, without regard to an obligation on the part of Wavenet to control the information and data included in the service in terms of its content, accuracy or usefulness, the Client being exclusively responsible for carrying out this control. Under no circumstances may the client use the included email services to carry out mass actions or email marketing, with email service being understood as the usual use, where the number of senders and recipients is balanced * Wavenet has an exclusive service , specific and additional to Extended SMTP for any promotional email or email marketing practice.
    PLEASE SEE SECTION 7.2 OF THIS AGREEMENT REFERRING TO THE TERMINATION OF THE CONTRACT DUE TO VIOLATION, BY THE CUSTOMER, OF THIS CLAUSE.
  2. 5.2 Representation and Guarantees. Customer warrants that: (I) it has the power and authority to regularly perform its obligations hereunder and that this Agreement constitutes a valid and binding commitment enforceable against Customer in accordance with its terms, (II) Customer has the required and necessary level of knowledge in the use and implementation of languages, protocols and software in the Internet field, according to the conditions and requirements of its service, (III) the Client has secured and has in its possession all the necessary authorizations to include hypertexts or links to third-party Websites, (IV) the Client has all the necessary licenses (according to its jurisdiction) necessary to advertise or sell any goods or services through the Website, (V) the content of the Website does not count or feature any material, advertising or services that are false or inaccurate or that violate any applicable law, regulation or third party rights, including, but not limited to, export laws, or any proprietary, contractual, moral, intellectual or copyright rights. privacy of third parties, and (VI) the Client owns and is the owner of the content of its Website or has the right or permission to place such data or information therein. The client accepts when paying the billing for the services, to pay any additional excess of benefits that exceed those established in the contracted service.
    PLEASE SEE SECTION 7.2 OF THIS AGREEMENT REFERRING TO THE TERMINATION OF THE CONTRACT DUE TO VIOLATION, BY THE CUSTOMER, OF THIS CLAUSE.
  3. 5.3 Permitted Use of Services. Customer agrees to comply with all laws and regulations as well as the Wavenet Acceptable Use Policy (“AUP”) located at https://www.wavenet.com/aup.html . The AUP is incorporated into this Agreement by this reference and may be updated or modified from time to time by Wavenet in its sole discretion. The client certifies that he has read and understood the AUP and that he is obliged to review it periodically at the URL specified above. In addition to activities prohibited by the AUP, Customer agrees not to use the Services for activity that: (I) constitutes or promotes a violation of any applicable law or regulation, including, but not limited to, the sale of illegal materials or in violation of export/import controls or against morality, public health, (II) defames or invades the privacy of any third party, whether a natural or legal person, (III) seriously infringes the rights of any third party, including, but not limited to intellectual property, business, contractual or fiduciary, (IV) involves the offer, sale, distribution or creation of any pornographic or obscene material or, on the other hand, offensive goods, services or ideas for the purpose promote violence or discrimination based on race, sex, religion, nationality, disability or sexual orientation, (V) modify any proprietary rights (Copyright) of news, notices or writings registered by Wavenet without obtaining its prior written consent, (VI) provides “mirroring” service to other websites, (VII) its main purpose is the distribution of files not accessible or compatible with http, including, but not limited to, files: .arj, .mp3, .exe, .tar, .rar, .zip, game emulators or ROMS (VIII) are linked, promote or are connected by any means to programs developed to send mass e-mail. Any activity aimed at or related to the massive sending of e-mails from Wavenet servers is strictly prohibited, such as mailbombing (sending messages to the same user with a significant volume and without information or “junk emails”), Spam (sending unsolicited messages or advertisements regardless of size or volume to people who do not know the sender or did not give their consent), Trolling (sending outrageous messages with the aim of achieving multiple replies or redirects) or any immoral marketing practice. It is strictly prohibited to use fictitious email addresses with the name Wavenet (@wavenet.com or @wavenet.com.ar). The Client cannot generate a volume of outgoing email significantly higher than that of a normal user. Wavenet reserves the right to determine that activity that constitutes an abuse of this policy, being authorized for this reason to immediately suspend the service without prior notice and subjecting the Client to a fine of up to $15000.-, (IX) use a box mailboxes exclusively as data storage space, including any mailboxes that exceed the space included in the plan.
    PLEASE SEE SECTION 7.2 OF THIS AGREEMENT REFERRING TO THE TERMINATION OF THE CONTRACT DUE TO VIOLATION, BY THE CUSTOMER, OF THIS CLAUSE.
  4. 5.4 Mailing Lists/Extended SMTP. Wavenet authorizes the Client to send messages through a mailing list (Mailing List) solely and exclusively through the Extended SMTP service to subscribers who have agreed to join it. These messages must contain precise and explicit instructions on the steps to follow to exclude yourself from the list. All such delisting requests must be honored immediately. Due to the nature of email Marketing operations, Wavenet establishes that all mailing list submissions must be made using Extended SMTP, for which a RELAY IP address will be provided along with a username and password. Wavenet reserves the right to suspend the sending of the Client's mailing, whether the service is provided by Wavenet or a third party, immediately and without prior notice if it is found that such operation is causing significant problems or delays in the SMTP service of the remaining clients or consumes unreasonable server resources. Wavenet also reserves the right to prohibit the Client from using any email sending program or application that affects or jeopardizes the normal functioning of the email server. Due to excessive consumption of system resources and email server overload, Wavenet prohibits the use of linkbuilders type for BlackHat SEO or similar by its clients.
    PLEASE SEE SECTION 7.2 OF THIS AGREEMENT REFERRING TO THE TERMINATION OF THE CONTRACT DUE TO VIOLATION, BY THE CUSTOMER, OF THIS CLAUSE.

LICENSES AND PROPERTY RIGHTS

  1. 6.1 Software Licenses. During the entire period of validity of this agreement, Wavenet grants the Client a non-transferable and non-exclusive license to use the software installed on the Server, solely for the purposes of using the contracted services and/or plans. Where such Software belongs to a third party, Wavenet only grants those rights in terms of the applicable agreement with that third party. In the case of increases in the value of said licenses, Wavenet may immediately transfer them to the total value of the contracted service. THE CUSTOMER MAY NOT USE ITS SERVICE OR PART OF IT GENERATED BY MEANS OF SOFTWARE BELONGING TO ANOTHER SERVER OTHER THAN THE SERVER ON WHICH THE SITE IS HOSTED.
  2. 6.2 License Restrictions. The client undertakes, directly or indirectly (and not to allow others to do so) not to:
  3. 6.2.1 Copy the Software or part of it.
  4. 6.2.2 Decrypt, decode or modify any source code of the software.
  5. 6.2.3 Sell, rent, transfer, give possession or sublicense the software or its documentation to third parties.
  6. 6.2.4 Develop any software derived from or based in whole or in part on the licensed software.
  7. 6.3 Property Rights. Customer shall have no right, title, or interest in or to the Shared Server, its Software, Hardware, documentation, patents, trademarks, trade secrets or any other proprietary rights, except for the limited license provided in Section 6.1.
  8. 6.4 Property Rights of the Client. As between the Client and Wavenet, the contents and rights of the Client such as, without limitation, patents, trademarks, Copyright or any other intellectual property right or not, are maintained under its exclusive responsibility and protection, the Client hereby grants Wavenet a non-exclusive, universal and free license to publish, display, transmit, distribute and use the Client's content necessary to provide the Service under the terms of this Agreement.

TERMINATION OF THE CONTRACT

  1. 7.1 Termination due to Default or Insolvency. Subject to Section 7.3, this Agreement may be terminated upon written request of either party if, (I) either party breaches any obligation under this agreement and such breach is not cured within thirty (30) days from notice. , or (II) if the other party enters into a state of voluntary or involuntary insolvency, reorganization or liquidation, bankruptcy, receivership or admits in writing its inability to pay debts owed. Notwithstanding the foregoing, Wavenet may terminate this contract at any time when the Client fails to make any payment on its due date.
  2. 7.2 Termination for Customer Default of Sections 5.1, 5.2, 5.3, 5.4. Notwithstanding Section 7.1, Wavenet may terminate this Agreement immediately and remove/suspend Customer's service if it is determined, in Wavenet's sole discretion, that Customer has breached the obligations contained in Sections 5.1, 5.2, 5.3, or 5.4 of this Agreement. Any termination under this Section 7.2 will take effect immediately and the Client expressly agrees that it: (i) will not have any opportunity to cure, (ii) will not have any right to refund under any circumstances on the fees paid to Wavenet .
  3. 7.3 Rights and Remedies on Termination. In the event that either party terminates the agreement in accordance with Sections 7.1 or 7.2, Wavenet shall have the right to immediately receive payments for all Services provided up to the date of termination. Furthermore, it is accepted that if the Client is the party in breach of the contract, Wavenet will suffer damages that would be difficult to determine. Therefore, the Client agrees to pay Wavenet all amounts due for damages incurred since the beginning of the contract as liquidated damages (not as a fine). These liquidated damages do not waive any other rights and remedies available to Wavenet under applicable law, equity and general principles of law that may be granted by a court of competent jurisdiction.

LIMITATION OF WARRANTIES, LIABILITY AND INDEMNITY

  1. 8.1 Limitation of warranties. EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH IN SECTION 4 OF THIS AGREEMENT, ALL CUSTOMER SERVICES ARE HEREUNDER PROVIDED AS THEY ARE. WAVENET CANNOT, AND HEREBY REFUSES, TO PROVIDE ANY IMPLIED PROMISES AND/OR WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MARKET RESULT OR GAINS, FITNESS FOR A PARTICULAR PURPOSE, AND/OR ANY OTHER WARRANTIES RESULTING OF A TRADE ENTERPRISE. WAVENET DOES NOT WARRANT THAT THE SERVICES WILL BE COMPLETELY UNINTERRUPTED OR FREE OF ANY ERROR OR RISK.
  2. 8.2 Limitation of Liability. IN NO EVENT SHALL WAVENET BE LIABLE TO CUSTOMER, CUSTOMER'S USERS AND/OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY OTHER SERVICES PROVIDED, EVEN WHEN WAVENET HAS BEEN ADVISED OF THAT POSSIBILITY. WAVENET'S LIABILITY, IF ANY, TO THE CUSTOMER OR ANY THIRD PARTY, SHALL IN NO EVENT EXCEED THE TOTAL EQUIVALENT OF ONE MONTH'S VALUE OF SERVICE. THE PARTIES ACKNOWLEDGE THAT WAVENET HAS ESTABLISHED ITS PRICES TO BE THE SAME PUBLISHED MONTHLY ON ITS WEBSITE AND HAS BEEN BOUND BY THIS AGREEMENT ACCORDING TO THE LIMITATIONS OF LIABILITY AND WARRANTIES. THE PARTIES AGREE THAT THE LIMITATION AND EXCLUSIONS OF LIABILITY SHALL SURVIVE AND APPLY EVEN IF THEY FAIL TO FAIL OF THEIR ESSENTIAL PURPOSE. AT NO TIME WILL WAVENET BE LIABLE FOR ANY FAILURE OR DELAY IN THE PERFORMANCE OF ITS OBLIGATIONS RESULTING FROM THIS AGREEMENT IF SUCH FAILURES OR DELAYS ARE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, THE ACTS OF ANY GOVERNMENTAL ORGAN, WAR, INSURRECTION, PHYSICAL OR DIGITAL SABOTAGE, EMBARGO, FIRE, FLOOD, STRIKE OR OTHER DISRUPTION OF WORK, INTERRUPTION OR DELAY IN TRANSPORTATION, UNAVAILABILITY OR DELAY IN TELECOMMUNICATIONS OR IN SERVICES PROVIDED BY THIRD PARTIES, SECURITY FAILURES IN THE SOFTWARE OF THE CUSTOMER OR A THIRD PARTY, THE INABILITY TO OBTAIN THE APPROPRIATE MATERIALS, SUPPLIES OR ELECTRICAL POWER SERVICE NECESSARY FOR EQUIPMENT IN THE PROVISION OF THE SERVICES.
  3. 8.3 Compensation. Customer will indemnify Wavenet, and its officers, directors, employees, agents and affiliates (each an “indemnifying party”) for all costs, liabilities, losses and expenses, including, but not limited to, attorneys' fees resulting from any claim. , action, arbitration or proceeding brought by a third party against any of the indemnifiable parties in relation to: (i) the violation or breach of any of its representations, warranties, agreements or obligations, (ii) infringement or misappropriation of any intellectual property, including but not limited to privacy rights, patents, copyright, trade secret, trademark and/or licenses, (III) injury caused by any negligence or willful misconduct of the Client, or (IV) the use of the Services, including use of the Services without Customer's consent.

GENERAL CONSIDERATIONS

  1. 9.1 Privacy Policy. In an effort to protect the Client's privacy, Wavenet has established a privacy policy that consists of the confidentiality of client data such as name, surname, CUIT DNI or company name, as long as there is no requirement and/or court order requesting said data. data. Wavenet reserves the right to change the Privacy Policy at any time. The client acknowledges that he has read and understood the Legal and Privacy Policy and is bound by its terms and his obligation to periodically check the Legal and Privacy Policy. In the event that any rule contained in this Agreement conflicts with any non-formal communication between the parties, the regulation of this Agreement will apply.
  2. 9.2 Independent Contractors. Wavenet and Customer are independent contractors and this Agreement shall not establish any partnership, franchise, employment, or agency relationship between Wavenet and Customer. Neither Wavenet nor the Client shall have the power to bind the other party or incur obligations on behalf of the counterparty without prior written consent.
  3. 9.3 Benefits for the parties. Except for the last paragraph of this section, all terms of this Agreement shall be bound solely to the benefit of the parties and their respective successors, Customer may not assign or transfer its rights or obligations arising from this Agreement without obtaining prior written consent. from Wavenet. Wavenet may, in its sole discretion, assign its obligations under this Agreement in the event of a merger, sale of all or substantially all of Wavenet's resources, or sale of a majority of the company's shares.
  4. 9.4 Lease. This Agreement constitutes a contract for service and does not and will not constitute a lease of any real or personal property. Customer acknowledges and agrees that (i) only a license has been granted to use the Services and equipment provided by Wavenet in accordance with this agreement, (II) Customer has not been granted any ownership rights in any equipment, and (III) the Client does not have any tenant right or real right over the equipment.
  5. 9.5 No Third Party Beneficiary. This Agreement was established exclusively for the benefit of each of the parties and their respective successors, and it is not the intention of the parties to confer any third party beneficiary rights.
  6. 9.6 Attorney Fees. In the event of any litigation, mediation or arbitration between the parties relating to any breach of this agreement, the prevailing party in any such action shall be entitled to reimbursement of all costs and expenses incurred in connection with such litigation or arbitration, including without limitation, attorneys' fees.
  7. 9.7 Alteration. Any alteration, modification, or change to this Agreement will be valid upon publication on the website (https://www.wavenet.com/legal.html).9.8 Jurisdiction and Applicable Law. All controversies or litigation arising from this Application will be submitted to the jurisdiction of the competent courts of the Federal Capital, Argentine Republic. This Contract will be governed by the laws of the Argentine Republic.
  8. 9.8 Jurisdiction and Applicable Law. All controversies or litigation arising from this Application will be submitted to the jurisdiction of the competent courts of the Federal Capital, Argentine Republic. This Contract will be governed by the laws of the Argentine Republic.
  9. 9.9 Domiciles The Parties constitute domicile. Which will be valid for all notifications in: Wavenet has its address at Calle Alicia Moreau de Justo 1080, Autonomous City of Buenos Aires. For its part, the client constitutes it at the address specified in the service request. Any modification of said addresses must be notified in a reliable manner to the other party.
  10. 9.10 Notifications. Any notification or communication that the parties send to each other in relation to this agreement must be made in writing and be delivered with acknowledgment of receipt or by document letter or any reliable means that allows determining the date of receipt and the content of the notification.
  11. 9.11 Divisibility. If any provision of this Agreement is held invalid, illegal or unenforceable, it shall not in any way limit or affect the validity, legality and enforceability of the other provisions hereof.
  12. 9.12 Entire Agreement. This Agreement, together with the AUP and the rules established for the Customer Service Plan, constitute the entire agreement between the parties with respect to the transactions contemplated between them and its terms and articles represent the only valid agreement and legal framework in force. The client confirms his acceptance of this Agreement after payment of the first invoice issued by Wavenet, and all subsequent invoices.
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