Wavenet SA Services Contract - Privacy Policy

PLEASE READ THESE CONDITIONS CAREFULLY BEFORE CONTRACTING THE WEB HOSTING SERVICE. IF YOU DO NOT ACCEPT THESE CONDITIONS, YOU CANNOT ACCESS OUR SERVICES. THE APPLICATION FOR CORRESPONDING ACCESSION WILL BE PROOF OF YOUR RECOGNITION THAT YOU HAVE READ AND ACCEPTED THESE CONDITIONS AND AGREED TO CONSTITUTE THE DETAILED CONTRACTUAL RELATIONSHIP. WE RECOMMEND YOU TO KEEP A PRINTED COPY OF THE CONTRACT AS A REFERENCE DOCUMENT.

This Agreement (“Agreement”) is effective between you (“Customer”) and Wavenet SA (“Wavenet”), from 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 hosting of applications and websites 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 recognizes the duty to verify these conditions periodically. Without limiting the generality or effect of the foregoing, Wavenet may add, cancel or modify some or all of its Services at any time and at its own discretion. By accepting this Agreement, the Client (I) represents and warrants that he or she is at least 18 years old and that they are authorized representatives of the organization or entity that he or she intends 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.

1 SERVICES

1.1 WEBMAX - xSERVER. In the terms and conditions of this Agreement and the Plan selected by the Client, Wavenet agrees to provide the Client: (i) space on a dedicated server or one or more 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 owned by their respective manufacturers that will be invoiced additionally depending on the values ​​established by said software manufacturer ("External Software" ), and (III) other services more specifically defined in each Customer's service plan (collectively, “Services”). The client hereby agrees that Wavenet is only responsible for providing the Services defined in the plan selected by the Client and by this Agreement, and is not responsible for providing any other services or tasks.

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 updates, and except for any loss or interruption of Connectivity Services due to causes beyond control. of Wavenet or that are not foreseeable enough by Wavenet, including but not limited to, interruptions or telecommunication failures in the digital transmission that connects the servers to the Internet, security failures in servers whose predictability is unpredictable, 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 full and exclusive control. Wavenet is committed, based on the chosen service, to maintain a Backup policy that prevents the loss of data as much as possible in the extreme case that our security systems, or security flaws of the software used by the client, in order to guarantee the null or minimum possible loss of data in extraordinary situations.

PLEASE SEE 3.2 SECTION FOR UPTIME 99.98% WARRANTY.

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") of the Service. Wavenet will update the service (s) as long as (I) the Client is not in a state of default with its payment obligations, (II) such updates are feasible within the scope of this Agreement; and (III) such updates are made according to the "Server Ready" principle (as defined below).

1.4 Updates on the values ​​of the services will be published on the Wavenet site. Those updates that include paid Software licenses will be transferred to the Client for consideration by Wavenet.

2 TERMS AND RENEWAL

This Agreement will take effect from the date of the application for membership and will continue for the period of time indicated in the Plan ("Initial Term"), unless there is an early termination as provided in Section 9 below. This Agreement will be automatically renewed for periods equal to the Initial Term (each, "Renewal Term") unless either party manifests at least thirty (30) days before the end of the Initial Term or Renewal Term, as applicable, you have chosen not to renew the Agreement. For reasons of security and general protection of all clients, Wavenet requires that all notices of the non-renewal of the Agreement be made by completing the corresponding form in https://bajas.wavenet.com, specifying the account name or domain, and the personal data of the owner of the service.

3 LIMITED WARRANTIES

3.1 30-day-money-back-guarantee Wavenet extends an unconditional money-back-guarantee to the Customer during the first thirty (30) calendar days from the date of service discharge (“30-day guarantee”) . This Warranty will become effective as of the complete installation of the Client's Plan ("Registration Date"). To enable the 30-day Guarantee, the Client 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 the effective provision of the Service will be credited to the Customer's credit card or will be returned by check (amounts paid as Setup or Enabling Charge are excluded. ).

3.2 99.98% Uptime Guarantee. Subject to the limitations contained in this contract, Wavenet hereby guarantees that the following services will have a monthly Uptime average of in no case less than 99.8% that will be calculated annually: 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 warranty and not due to (I) scheduled maintenance and / or necessary repairs, (II) causes beyond Wavenet's control, or (III) causes that are not sufficiently foreseeable by Wavenet, including, but not limited to, interruptions or failures of telecommunication or in the digital transmission that connects the servers to the Internet and / or loss of latency or performance failures 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. Said guarantee includes only and exclusively the disconnection of the Internet service, excluding failures of another type in the service.

4 CHARGES AND PAYMENTS

4.1 Charges. The client must pay in advance all the charges for his Service in accordance with the prices, terms and conditions of this contract and the Plan to which he adheres. Wavenet is empowered to modify the plans and their characteristics, having to notify these modifications thirty (30) days in advance of the date on which they will become effective for the client.

4.2 Payments and late fees. At the beginning of the contract, the Client must pay, for one time, the installation charge of the Service that will be debited immediately in the event that the client makes payments through Credit Card. Charges for 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, from the Date of Service Registration. This Agreement applies both during the Initial Term and for the Renewal Term, and for the same, the Client undertakes to pay the charges in full in accordance with the Plan that he selected of his own free will. All payments must be received in Wavenet by credit or debit card, or in your Bank Account before 15:00 p.m. of the payment or due date indicated. Under the regime of this agreement, default is automatic. The client will pay an additional charge of 10% per month after the expiration of the invoice, or the maximum allowed by the applicable law, on any unpaid amount of each month or late fraction plus a reconnection charge of $ 3500 + VAT, for WebMAX Plans , and $ 5000 + VAT for xServer services for account reconnection. The late payment of any service will void any and all service level guarantees included in this contract, Wavenet reserves the right to eliminate immediately and without prior notice any type of temporary bonus granted. The client will be responsible for all costs, damages and expenses that her delay in payments may cause, including, but not limited to, reasonable attorneys' fees and costs of the procedure. All matters related to administration, accounting or billing should be addressed via e-mail to adm@wavenet.com or by phone at 5199-1799 from Monday to Friday from 10 a.m. to 18 p.m.

4.3 Forms of payment. The client can pay the corresponding charges for their services through a deposit in the Current Account duly indicated by Wavenet in legal tender. If the payment is not received before the established due date, the Client will receive a notice of suspension of service via email. From the expiration date, the service may be suspended at any time at Wavenet's sole discretion. Debit card payments are also accepted.

4.4 Credit Cards. The customer 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 opportunely 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 the 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 her of the situation and cancel the outstanding balance. If the corresponding 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 the payment is not received by the established due date, the Client will receive a notice of suspension of service via email. From the expiration date, the service may be suspended at any time at Wavenet's sole discretion. Finally, in case the payment is not insured or received, a notice of suspension of service will be sent to the Client via email. From 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 Client Services until such time as all pending charges are canceled plus an additional $ 3500 + VAT, for WebMAX Plans and $ 5000 + VAT for plans xServer and for the rest of the services in concept of reconnecting the account.

4.5 Price Conflict. The customer must notify Wavenet in writing of any conflict or dispute regarding the charges debited from her card within thirty (30) days of receiving the invoice detailing such charges. If in that period of time, the Client does not make any claim to Wavenet, it is understood that they have waived all right to dispute or obtain reimbursement of those payments.

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 slopes. The reactivation of services will take place 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 of the present, will constitute immediate termination of the contract and suspension of services.

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 income and value added (VAT) and other similar charges type tax, including those related surcharge taxes or applicable duties; those that the client agrees to pay.

5 CUSTOMER OBLIGATIONS

5.1 Customer content. The client will provide all the materials that comprise the service including, but not limited to, all images, photographs, illustrations, graphics, audio files, video files or text that must be in all cases 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 to have access to the Services. Wavenet reserves the right, in its sole discretion, to exclude or remove from the Client's Website any content, program or application based on the following reasons: (I) The content or files on the site do not meet the requirement of the "Server Ready" structure, (II) When one or more programs or writings (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 infringe any law or right of an interested third party, or that, on the other hand, could potentially expose Wavenet to a civil or criminal obligation or, unfavorable public exposure, regardless of this an obligation on the part of Wavene t to control the information and data included in the service in terms of their content, accuracy or usefulness, the Client being exclusively responsible for keeping this control. The client will not be able to use the included email services in any case to carry out massive actions or email marketing, understanding by email service, 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 CONCERNING THE TERMINATION OF THE CONTRACT FOR VIOLATION, BY THE CUSTOMER, OF THIS CLAUSE.

5.2 Representation and Warranties. The client guarantees that: (I) it has the power and authority to regularly comply with its obligations arising from here and that this Agreement constitutes a valid and binding commitment enforceable against the Client in accordance with its conditions, (II) the Client possesses the Required and necessary level of knowledge in the use and implementation of languages, protocols and software in the Internet, 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 their jurisdiction) necessary to advertise or sell any goods or services through the Website, (V) the content of the Website does not count nor will it contain any false or inaccurate materials, advertising or services or that violate any applicable law, regulation or rights of third parties, including, but not limited to, export laws, or any property, contractual, moral, intellectual or privacy right of third parties, and (VI) the Client owns and owns the content of its Website or has the right or permission to place such data or information in the same. The client accepts when paying the billing of the services, to pay any additional in the excesses of the benefits that exceed those established in the contracted service

PLEASE SEE SECTION 7.2 OF THIS AGREEMENT CONCERNING THE TERMINATION OF THE CONTRACT FOR VIOLATION, BY THE CUSTOMER, OF THIS CLAUSE.

5.3 Permitted use of Services. The client agrees to comply with all laws and regulations as well as the Wavenet Acceptable Use Policy (“AUP”) found at https://www.wavenet.com/aup.html. The AUP is incorporated into this Agreement through this reference, and may be updated or modified regularly by Wavenet at its sole discretion. The client certifies that he has read and understood the AUP and has the obligation to periodically review it at the URL specified above. In addition to the activities prohibited by the AUP, the Client agrees not to use the Services for activity that: (I) constitute or promote 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 moral, public health, (II) defames or invades the private life of any third party, whether natural or legal person, (III) seriously infringes the rights of any third party, including, but not limited to intellectual, business, contractual or fiduciary property, (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 to promote violence or discrimination based on issues of race, sex, religion, nationality, disability or sexual orientation, (V) modify any property rights (Copyright) of news, notices or deeds registered by Wavenet without obtaining your prior written consent, (VI) provide mirroring service to other websites, (VII) its main purpose is the distribution of files not accessible or compatible with http, including, but not limiting to, files: .arj, .mp3, .exe, .tar, .rar, .zip, game emulators or ROMS (VIII) are linked, promoted or connected by any means to programs developed to send e -mail massive. Any activity directed or related to the massive sending of e-mails from Wavenet's servers is strictly prohibited, such as mailbombing (sending messages to the same user with a significant volume and without information or "junk mail"), Spam (sending of 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 forbidden to use dummy e-mail addresses with the name Wavenet (@ wavenet.com or @ wavenet.com.ar). The Customer cannot generate a significantly higher volume of outgoing email than a normal user. Wavenet reserves the right to determine any activity that constitutes an abuse of this policy, being empowered for this cause to immediately suspend the service without prior notice and the Client being subject to a fine of up to $ 15000.-, (IX) use a box Mail exclusively as data storage space, including any mailboxes that exceed the space included in the plan. In the event of a conflict between the regulation of this agreement with the provisions of the AUP, this Contract shall prevail.

PLEASE SEE SECTION 7.2 OF THIS AGREEMENT CONCERNING THE TERMINATION OF THE CONTRACT FOR VIOLATION, BY THE CUSTOMER, OF THIS CLAUSE.

5.4 Mailing Lists / Extended SMTP. Wavenet authorizes the Client to send messages through a mailing list only and exclusively through the Extended SMTP service to subscribers who have given their willingness to adhere to it. These messages must contain precise and explicit instructions on the steps to follow to exclude yourself from the list. All such list removal requests must be satisfied immediately. Due to the nature of email Marketing operations, Wavenet establishes that all mailing list shipments must be made through Extended SMTP, for which a RELAY IP address will be provided along with a username and password. Wavenet reserves the right to suspend 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 said 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 mailing program or application that affects or jeopardizes the normal operation of the email server. Due to the excessive consumption of system resources and the overload of the email server, Wavenet prohibits the use of the linkbuilders type for BlackHat SEO or similar by its clients.

PLEASE SEE SECTION 7.2 OF THIS AGREEMENT CONCERNING THE TERMINATION OF THE CONTRACT FOR VIOLATION, BY THE CUSTOMER, OF THIS CLAUSE.

6 LICENSES AND PROPERTY RIGHTS

6.1 Software licenses. During the entire term 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 is owned by a third party, Wavenet only guarantees those rights in terms of the applicable agreement with that third party. In the event 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 PARTS OF IT GENERATED BY MEANS OF SOFTWARE BELONGING TO ANOTHER SERVER OTHER THAN THE SERVER WHERE THE SITE IS HOSTED.

6.2 Licensing Restrictions. The client agrees, directly or indirectly (no longer to allow others to do so) not to:

6.2.1 Copy the Software or part of it.

6.2.2 Decrypt, decode or modify any source code of the software.

6.2.3 Sell, rent, transfer, possess or sublicense the software or its documentation to third parties.

6.2.4 Develop any software derived from or based in whole or in part on the licensed software.

6.3 Property Rights. The customer will not have any right, title, or interest, in the Shared Server, its Software, Hardware, documentation, patents, trademarks, trade secrets or any other proprietary right, except for the limited license provided in Section 6.1.

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, remain under their exclusive responsibility and protection, by this means the Client grants Wavenet a non-exclusive, universal and free license to modify, adapt, publish, display, transmit, distribute and use the Client's content necessary to provide the Service under the terms of this Agreement.

7 TERMINATION OF THE CONTRACT

7.1 Termination for Default or Insolvency. Subject to Section 7.3, this Agreement may be terminated at the written request of either party if, (I) one of the parties breaches any obligation resulting from this contract and such breach is not remedied within thirty (30) days from notification , or (II) if the other party enters into a state of voluntary or involuntary insolvency, reorganization or liquidation, bankruptcy, bankruptcy or admits in writing its inability to pay the debts owed. Notwithstanding the foregoing, Wavenet may terminate this contract at any time when the Client fails to make any payment on the due date thereof.

7.2 Termination for Client Breach of Sections 5.1, 5.2, 5.3, 5.4. Notwithstanding the provisions of 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 violated 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 he: (i) will not have any opportunity to remedy, (ii) will not be the holder of any right to reimbursement under any circumstances on the fees paid to Wavenet .

7.3 Rights and Remedies at Termination. In the event that either party terminates the contract in accordance with the provisions of Sections 7.1 or 7.2, Wavenet will hold the right to immediately receive payments for all the Services provided up to the termination date. Furthermore, it is accepted that if the Customer is the party in breach of the contract, Wavenet will suffer damages that would be difficult to determine. Consequently, 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 imply the waiver of other rights and remedies available to Wavenet in the applicable law, equity and general principles of law that could be granted by a court of competent jurisdiction.

8 LIMITATION OF WARRANTIES, LIABILITY AND COMPENSATION

8.1 Limitation of warranties. EXCEPTING THE WARRANTIES EXPRESSLY SET FORTH IN SECTION 4 OF THIS AGREEMENT, ALL CUSTOMER SERVICES ARE PROVIDED FORWARD AS THEY ARE IN REALITY. WAVENET CANNOT, AND HEREBY REFUSES, TO MAKE ANY PROMISES AND / OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, GUARANTEES OF RESULT OR MARKET PROFIT, THE FITNESS OF A PARTICULAR PURPOSE, AND / OR ANY OTHER WARRANTIES. OF A BUSINESS ENTREPRENEURSHIP. WAVENET DOES NOT WARRANT THAT THE SERVICES WILL BE TOTALLY UNINTERRUPTED OR FREE FROM ALL ERRORS OR RISKS.

8.2 Limitation of Liability. IN NO EVENT SHALL WAVENET BE LIABLE TOWARDS THE CUSTOMER, THE CUSTOMER'S USERS AND / OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, PUNITIVE OR LOST PROFITS AS A CONSEQUENCE OF OR RELATED TO THIS SERVICE WHEN WAVENET HAS BEEN ADVISED OF THIS POSSIBILITY. THE LIABILITY OF WAVENET, IF ANY, TO THE CUSTOMER OR ANY THIRD PARTY, MAY IN NO EVENT EXCEED THE TOTAL EQUIVALENT TO THE VALUE OF ONE MONTH OF SERVICE. THE PARTIES ACKNOWLEDGE THAT WAVENET HAS ESTABLISHED THEIR PRICES AS THE SAME PRICES BEING PUBLISHED MONTHLY ON ITS WEBSITE AND HAS BEEN BINDED BY THIS AGREEMENT ACCORDING TO THE LIMITATIONS OF LIABILITY AND WARRANTIES. THE PARTIES AGREE THAT THE LIMITATION AND EXCLUSIONS OF LIABILITY SHALL SUBSIST AND APPLY EVEN IF THEY ARE NOT IN ACCORDANCE WITH THEIR ESSENTIAL PURPOSE. IN NO TIME WILL WAVENET BE LIABLE FOR FAILURES OR DELAYS 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 CURRENT ACTS OF GAMER. WAR, INSURRECTION, PHYSICAL OR DIGITAL SABOTAGE, EMBARGO, FIRE, FLOOD, STRIKE OR OTHER WORK DAMAGE, INTERRUPTION OR DELAY IN TRANSPORTATION, UNAVAILABILITY OR DELAY IN TELECOMMUNICATIONS OR IN THIRD-PARTY SECURITY SERVICES, CUSTOMER OR A THIRD PARTY, THE INABILITY TO OBTAIN THE APPROPRIATE MATERIALS, SUPPLIES OR FOR THE ELECTRICAL ENERGY SERVICE NECESSARY FOR THE EQUIPMENT IN THE PROVISION OF THE SERVICES.

8.3 Indemnification. The client will indemnify Wavenet, and its officers, directors, employees, agents and affiliates (each a "compensable party") for all costs, obligations, losses and expenses, including, but not limited to, attorneys' fees resulting from any claim. , action, arbitration or procedure brought by a third party against any of the compensable parties in relation to: (i) the violation or breach of any of its representations, guarantees, agreements or obligations, (ii) infringement or misappropriation of any intellectual property, including but not limited to the rights of privacy, patents, copyrights, trade secrets, trademarks and / or licenses, (III) injury caused by any negligence or willful misconduct of the Client, or (IV) the use of the Services, including the use of the Services without the consent of the Client.

9 GENERAL CONSIDERATIONS

9.1 Privacy Policy. In an effort to protect the privacy of the Client, Wavenet has established a privacy policy that consists of the confidentiality of client data such as name, surname, DNI CUIT or company name, provided that there is no requirement and / or court order requesting said data. Wavenet reserves the right to change the Privacy Policy at any time. The client acknowledges that she has read and understood the Legal and Privacy Policy, being bound by its terms and her obligation to periodically check the Legal and Privacy Policy. In the event that any rule contained in this Agreement is in conflict with any non-formal communication between the parties, the regulation of this Agreement will apply.

9.2 Independent Contractors. Wavenet and Customer are independent contractors and this Agreement will 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.

9.3 Benefits for the parties. Except for the last paragraph of this section, all the conditions of this Agreement will be linked exclusively to the benefit of the parties and their respective successors, the Client may not assign or transfer their rights or obligations arising from this Agreement without obtaining prior written consent by 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 shares in the company.

9.4 Lease. This Agreement constitutes a service contract and does not constitute or constitute a location of any real or personal property. The customer acknowledges and agrees that (i) only one license has been granted to use the Services and equipment provided by Wavenet in accordance with this agreement, (II) the Customer has not been granted any ownership rights to any equipment, and (III) the Customer does not have any tenant or real rights over the equipment.

9.5 No Beneficiary to Third Parties. This Agreement was established solely for the benefit of each of the parties and their respective successors, and it is not the intention of the parties to confer beneficiary rights on third parties.

9.6 Attorney Fees. In the event of any litigation, mediation or arbitration between the parties related to any breach of this agreement, the party that prevails in any of those actions will become the holder of the right to reimbursement of all costs and expenses incurred in relation to such litigation or arbitration, including without limitation, attorneys' fees.

9.7 Alteration. Any alteration, modification, or change of this Agreement will be valid from the publication on the website (https://www.wavenet.com/legal.html).

9.8 Jurisdiction and Applicable Law. All controversies or litigation derived from this Request will be submitted to the jurisdiction of the competent courts of the Federal Capital, Argentina. This Contract will be governed by the laws of the Argentine Republic.

9.9 Domiciles The Parties constitute domicile. The one that will be valid for all notifications in: Wavenet is your 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 reliably notified to the other party.

9.10 Notifications. Any notification or communication that the parties send in relation to this agreement must be made in writing and be delivered with acknowledgment of receipt or by letter, document or any reliable means that allows determining the date of receipt and the content of the notification.

9.11 Severability. In the event that any of the provisions of this Agreement is considered invalid, illegal or not applicable, this will not limit or affect in any way the validity, legality and applicability of the other provisions herein.

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 her acceptance of this Agreement after payment of the first invoice issued by Wavenet, and of all subsequent ones.

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