Terms and Conditions

1. CONTENT

Patagonia Web Design is not responsible for the content that THE CLIENT wishes to place on the website, such as IMAGES or TEXTS extracted from another website, an image bank, or texts of intellectual property belonging to others, extracted from other registered sites. THE CLIENT, who contracts the service, is solely responsible for any legal actions that may arise due to misuse of the websites and their content, absolving Patagonia Web Design and assuming responsibility for any actions that any third party may take as a result of the violation of their rights. Patagonia Web Design reserves the right to reject images or texts that it deems inappropriate and/or illegal.

2. SUSPENSION OF SERVICE

Patagonia Web Design reserves the right to deny or cancel the services contracted by THE CLIENT with or without prior notice if the subscriber engages in any conduct or activity that Patagonia Web Design deems abusive or in violation of any of the terms, rules, and conditions set forth here, with or without prior notice and without being responsible for the consequences that may result from this. This situation also includes cases in which Patagonia Web Design’s Technical Area cancels the service to accounts that engage in actions that hinder the proper functioning of other users. Each suspension case will be evaluated, and if necessary, the administrative withdrawal of the client will be carried out. Patagonia Web Design reserves the right to cancel the account at any time with or without prior notice. Any abuse towards our staff in any medium or format will result in the suspension or termination of their services.

3. PROGRAMS AND SCRIPTS

Patagonia Web Design reserves the right to deactivate any script or software installed by the subscriber that affects the normal functioning of the servers and harms other clients hosting sites on them.

4. CONSUMED TRAFFIC (BANDWIDTH)

All hosting plans include a specified amount of monthly traffic. If THE CLIENT exceeds the transfer limit, they will be notified to request an extension of their plan and obtain a higher transfer rate to avoid possible web service blocks.

5. DATA LOSS

Patagonia Web Design is not responsible for data loss on the server caused by users, failures in our system, or updates on our servers. It is the user’s responsibility to maintain a backup of the site. The user is also responsible for keeping the webmail system mails under protection.

6. INTERRUPTION OF SERVICES

Patagonia Web Design is not responsible for the drop or interruption of any of the services it provides and what this could cause to the accounts/websites hosted there.

7. DELAYS IN DOMAIN TRANSFER

Patagonia Web Design is not responsible for delays in domain registrations and DNS transfers caused by third parties or by the user acquiring our services.

8. INTELLECTUAL PROPERTY

The intellectual rights to the design of the website and its ownership belong to Patagonia Web Design.

9. PAYMENTS AND DUE DATES

Patagonia Web Design may terminate users if the payment is not registered on time. The user is obliged to report the corresponding payment on the stipulated date. Otherwise, no claims or complaints will be accepted due to the suspension or permanent elimination of said user and their information/files.

9.1 - Websites:

Upon confirming a website project, times and dates that must be met by both Patagonia Web Design and THE CLIENT will be established. A project start date will be agreed upon, for which certain information will be requested in advance for the website assembly. This information must be available before the stipulated and mutually confirmed date. A grace period of up to 5 consecutive days from the indicated date will be considered. At the end of the project, Patagonia Web Design will request the remaining payment to deliver the project result. THE CLIENT must make this payment within 15 consecutive days. In both cases, if these deadlines are not met, THE CLIENT will enter automatic arrears, where Patagonia Web Design may apply interest. These late interest charges will be 15% weekly of the amount owed. In addition, in this situation, Patagonia Web Design may deactivate the corresponding website from the servers on which it was located, to make space for new clients as needed. This deactivation implies an additional payment when THE CLIENT wants to recover the website and pay the outstanding amount, of $300 for re-hosting and re-configuration of the systems and the website. If the contracted service requires a monthly maintenance fee, it must be paid from the 1st to the 10th of each month. THE CLIENT is obliged to inform said payment through any of the corresponding channels and thus avoid surcharges for late payment. In the event that THE CLIENT does not make the payment on the previously indicated date of each month, they will automatically incur in arrears, which does not require legal or judicial notice. This late fee will be 20% weekly. If after 20 consecutive days the delay continues, Patagonia Web Design may terminate the service.

9.2 - Reservation Amounts:

The deposits made by THE CLIENT to Patagonia Web Design will be valid for a period not exceeding 2 months (60 consecutive days) in the cases of Websites/E-commerce Websites. After that time lapse, and if the corresponding start of the project has not occurred, the refund of the deposit cannot be requested by THE CLIENT. Once THE CLIENT pays the deposit amount stipulated by Patagonia Web Design according to the type of work, THE CLIENT accepts the terms and conditions of the service.

10. SERVICE TERMINATION

THE CLIENT can request the termination of the Subscription only if they are up to date with payments, meaning that they have no debt with Patagonia Web Design. If there is a debt, THE CLIENT must settle it before being in a position to request the termination of the service. Once the debt is settled, they must complete the “termination form” found on the website in the cancellations section.

11. CONFIDENTIALITY

Patagonia Web Design will maintain the confidentiality and security of the information provided by THE CLIENT for the payment of the service, as described in the Data Protection Law.

12. MODIFICATIONS

Patagonia Web Design reserves the right to introduce modifications to the characteristics and prices of plans and/or services offered. Any notification affecting the technical characteristics of the services offered will take place directly through our websites on the Internet.

13. ANTI-PHISHING POLICY

To report a service or domain being used for illicit purposes, contact our Investigation Department at info@patagoniawebdesign.com.

14. INDEMNIFICATION

THE CLIENT agrees to defend, indemnify, save, and exempt Patagonia Web Design from any and all claims, liabilities, losses, costs, and claims, including reasonable attorney fees filed against Patagonia Web Design, its agents, clients, officers, and employees that may arise or result from any service provided or performed or agreed to be performed or any product sold by the client, its agents, employees, or assigns. THE CLIENT agrees to defend, indemnify, and hold Patagonia Web Design harmless from liabilities arising from; (1) any injury to a person or property caused by any product sold or otherwise distributed in connection with Patagonia Web Design; (2) any material supplied by the client that infringes or allegedly infringes the property rights of a third party; (3) copyright infringement, and (4) any defective product sold to customers from the server of Patagonia Web Design.

15. DISCLAIMER

Patagonia Web Design will not be liable for damages or economic losses that your business may suffer. Patagonia Web Design does not offer any warranties, explicit or implied, for the services they provide. Patagonia Web Design waives any warranty of merchantability or fitness for a particular purpose. This includes data loss resulting from delays, non-deliveries, incorrect delivery, and any service interruption caused by Patagonia Web Design and its employees.

16. CHANGES IN TERMS AND CONDITIONS / LEGAL NOTICE

Patagonia Web Design reserves the right to revise its policies at any time without prior notice.