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Hosting Contract

This document is a hosting contract between Producciones, S.A. as the client and Procesamientos, S.A. as the provider. The client wishes to contract internet connection services, web hosting, and additional services to carry out e-commerce. The provider specializes in these services. The contract details the terms and conditions of the service provision such as continuous internet access, technical support, domain registration, server space, analysis tools.
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0% found this document useful (0 votes)
3 views10 pages

Hosting Contract

This document is a hosting contract between Producciones, S.A. as the client and Procesamientos, S.A. as the provider. The client wishes to contract internet connection services, web hosting, and additional services to carry out e-commerce. The provider specializes in these services. The contract details the terms and conditions of the service provision such as continuous internet access, technical support, domain registration, server space, analysis tools.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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In the city of Guatemala, on the fifteenth day of the month of August, the celebration takes place.

HOSTING CONTRACT gathered with the gentlemen on one side, Allan Fernando

Álvarez Contreras, Guatemalan, acts in his capacity as Legal Representative of

the Entity PRODUCCIONES, LIMITED COMPANY, As evidenced by the

notarial act of their appointment authorized in the city of Guatemala, by the

Notary Luis Humberto Salazar Martínez, duly registered in the Registry

Commercial General of the Republic, Under number 23, Page 23, book 23, of

Commerce Assistants who hereinafter shall be referred to as THE CLIENT;

another part, Cristiano Leonel Figo Morales, Guatemalan, acts in his capacity as

Legal Representative of the Entity PROCESAMIENTOS, SOCIEDAD ANONIMA,

As evidenced by the notarized certificate of his appointment authorized in the city.

from Guatemala, by Notary Edgar Francisco López Contreras, duly

registered in the General Commercial Registry of the Republic, under number 423,

Folio 423, book 423, of Trade Auxiliaries to whom henceforth it

will be referred to as PROVIDER. The CLIENT and the PROVIDER, hereinafter, may

be referred to, individually, as “the Party” and collectively as “the Parties”,

mutually recognizing sufficient legal capacity and ability to act for the

celebration of the present Contract. THEY EXPOSE: FIRST: That the CLIENT is

interested in the hiring of the services

a) Internet connection service through the carrier capacity of

PROVIDER. b) Hosting service for CLIENT's Content in the

Servers of the PROVIDER located in zone 7 Avenida Las Colonias city of

Guatemala case number 45 c) Other services consist of


The CLIENT is interested in hiring these services to carry out

e-commerce activities through product presentation and

services a through its website www.PROCECALAM.COM.

SECOND: That the SUPPLIER is a company specialized in the provision

internet connection services and content hosting on the server

of interview formats and forms for hiring services from individuals.

THIRD: That the Parties are interested in entering into a contract to

HOSTING by virtue of which the PROVIDER provides the CLIENT with the services of:

a) Internet connection service through the carrier capacity of

PROVIDER. b) Hosting service of the CLIENT's Content in the

Servers of the PROVIDER located in zone 6, La Mirada neighborhood of the city.

from Guatemala. c) Additional website services as well as services

Recruitment informatics for people with companies added to the company

from the website it has. That the Parties gathered at the registered office of

CLIENT, agree to enter into this HOSTING contract, hereinafter referred to as

"Contract," according to the following CLAUSES FIRST: OBJECT In

by virtue of the Contract, the SUPPLIER agrees to provide services to the CLIENT

internet connection through the carrier capacity of the PROVIDER and

storage of CLIENT's content on the PROVIDER's servers

located in zone four of Guatemala City, residential Los Alamos for

lease services, hereinafter referred to as 'the Services', under the terms and

conditions provided in the Contract and in all its Annexes. SECOND.

GENERAL AND SPECIFIC TERMS AND CONDITIONS OF SERVICE

OF THE SERVICES: The Services will be provided under the following terms and
General conditions: 1. The SUPPLIER will be responsible for the quality of the work.

developed with the diligence required of a company expert in execution

the works subject to the Contract. 2. The PROVIDER agrees to manage and

obtain, at your own expense, all licenses, permits, and administrative authorizations

that may be necessary for the provision of the Services. 3. The

SUPPLIER will be responsible for all taxes, whatever they may be.

nature and character, that arise as a consequence of the Contract, thus

like any physical and legal operations it entails, except the Tax

about the Value Added Tax (VAT) or its equivalent, which the SUPPLIER will charge to

CLIENT. 4. The PROVIDER will keep the information confidential that

the CLIENT facilitates in or for the execution of the Contract or that by its own

nature should be treated as such. It is excluded from the category of information

confidential all information disclosed by the CLIENT, that

that must be revealed in accordance with the laws or by a judicial resolution or

act of competent authority. This duty will remain in effect for a period of three

years to count from the end of the service. 5. In the event that the provision

of the Services implies the need to access personal data, the

SUPPLIER, as the person in charge of processing, is obliged to comply

from Law 15/1999, of December 13, on the Protection of Personal Data

Personnel and Royal Decree 1720/2007, of December 21, which approves

the Development Regulation of Organic Law 15/1999 and other regulations

applicable. The SUPPLIER will therefore be accountable for the infringements in which

could incur in the case of using personal data for another purpose, the

communicate to a third party, or in general, use them irregularly, as well as


when I did not adopt the corresponding measures for storage and

custody of the same. To this end, it is obligated to compensate the CLIENT, for

any damages and losses that he suffers directly, or by any claim,

action or procedure, resulting from a breach or compliance

defective on the part of the SUPPLIER of what is provided both in the Contract as

the provisions of the regulations governing the protection of personal data

personal. For the purposes of Article 12 of Law 15/1999, the PROVIDER

will only handle personal data to which it has access

according to the CLIENT's instructions and will not apply or use it for a purpose

different from the object of the Contract, nor shall it communicate or store them,

to other people. In the event that the PROVIDER allocates the data to another

purpose, communicated or used them in violation of the stipulations of the Contract,

will also be considered responsible for the processing, answering for the

infractions in which he would have personally incurred. The PROVIDER must

adopt the necessary technical and organizational measures that guarantee

the security of personal data and prevent its alteration, loss,

unauthorized access or treatment, given the state of technology, the

nature of the stored data and the risks to which they are exposed, already

arise from human action or from the physical or natural environment. For these purposes, the

The PROVIDER must apply the security levels established in the

Royal Decree 1720/2007 according to the nature of the data processed. 6. The

SUPPLIER will be responsible for the correctness and accuracy of the documents that

contribution to the CLIENT in the execution of the Contract and will notify the CLIENT without delay

when I detect an error so that I can take the necessary measures and actions
correctors that it deems appropriate. 7. The SUPPLIER will be liable for the damages and

damages resulting for the CLIENT and from any claims that may arise

to make a third party, and that they have their direct cause in errors of the PROVIDER, or

of its personnel, in the execution of the Contract or that arise from a lack of diligence

as previously mentioned. 8. The obligations established for the SUPPLIER by

the present clause shall also be binding for its possible

employees, collaborators, both external and internal, and subcontractors, due to

that the PROVIDER will respond to the CLIENT if such obligations are

breached by such employees. SECOND The SUPPLIER will provide the

Services under the following specific terms and conditions: 1. Access to

Internet continuously and without time limitations through the capacity

provider with a bandwidth flow of three

capacity 2. Technical assistance and 'Help Desk' service from eight to six between the

Four days a week there will be no work on holidays and festive days 3.

registration of a domain name on the Internet, in the case of registering more

domain names will have an additional cost. 4. In order to respond to the

IP address of the domain name and the machine for exchange of

domain email, The CLIENT will have [cite the amount] of entries in the

primary and secondary DNS servers of the PROVIDER. 5. The CLIENT

will have [mention the quantity] POP mailboxes of [indicate] that will be able to

expand according to the rate. 6. The subdirectories specified by THE CLIENT

they will have access to [quote the amount] private access FTP accounts. One of them

it is the main FTP account and provides access to the root of the server. The rest can

be assigned to subdirectories within the server, so that they only have


access to the content of the assigned subdirectory. The FTP access accounts

private can be expanded according to the rate. 7. The accommodation of the Contents of

CLIENT on the hard drive of the PROVIDER's designated servers in this

Contract [indicate annex, if any] through the HTTP protocols for the

public access to CLIENT's content by Internet and FTP users

for private access by the CLIENT for private access to their content. 8. The

provision of the necessary tools for the CLIENT to have access to

statistical analysis of the accesses to the CLIENT's web pages, conducted

about the web server log files. 9. Provide the CLIENT with all the

codes, identifications, keys, etc. that allow and grant access to their contents.

10. The installation and configuration of the base software located in the

facilities of the PROVIDER that are necessary for the operation of the

internet connection services and hosting of the CLIENT's content.

The PROVIDER will have exclusive control over access to the operating system.

from the PROVIDER's servers, providing the CLIENT with the following

user management services (i) create, maintain and delete users and

operating system passwords; (ii) create, maintain and delete profiles of

operating system user; (iii) create, maintain, and delete login scripts,

user logon of the operating system. 12. The supply of space,

power supply, cooling and adaptation of the processing center room

of necessary data for the proper maintenance of the servers of

PROVIDER where the CLIENT's contents are hosted. 13. Update

and maintenance of hardware components, protection devices

[quote them] and the operating systems of the servers that the PROVIDER
provide the CLIENT as part of the Internet connection service and

hosting of the CLIENT's contents. 14. The CLIENT authorizes the

SUPPLIER to carry out the Backup, backup copies of the information and the

regular content recovery procedures and their storage.

All of this regarding the information generated on the PROVIDER's servers in

relationship with the contents of the CLIENT. In the event that the CLIENT wishes to

To obtain the backups that are made, you must request them in writing.

the PROVIDER. The PROVIDER must keep the backups a

three-month period after the termination of this contract or any other

of its extensions, notifying the CLIENT before proceeding with the destruction of the

backups. 15. The PROVIDER will execute the Contract by

competently and professionally providing the Services, meeting the quality standards

required and diligently taking care of the CLIENT's materials that needed to

use as a consequence of the Contract. 16. Services are excluded

provided by THE SUPPLIER and are the responsibility of THE CLIENT the following: (i)

acquisition, installation, and maintenance of the router from which the

connection to the PROVIDER's router; (ii) supply, hiring, installation and

maintenance of the necessary lines between the CLIENT and the PROVIDER to

to carry out this Contract; (iii) the installation, capacity, performance,

maintenance and support of the content; (iv) the hiring of mechanisms for

digital certification. 17. The CLIENT has exclusive control over all

the content hosted on the PROVIDER's servers, being the only

Responsible for the legality, suitability, and accuracy of the data. They must also

to have the license or any necessary permission for the use of the data from
any nature that is made available to Internet users. 18. The

CLIENT will be solely responsible for ensuring that the products, services and

materials that are made available to the public through the server of

SUPPLIER, comply with the applicable legislation for each of them and will be

responsible for any damage that may occur and for any claims

that is produced by its use. THIRD.- USE POLICY 1. The

THE CLIENT is the only responsible for determining whether the services that constitute the

The purpose of this Contract is tailored to your needs, which is why the SUPPLIER

does not guarantee the hosting service of the content or connectivity

provided adjusts to the specific needs of the CLIENT.

PROVIDER does not guarantee that the hosting service of the contents or the

network connectivity can provide sufficient capacity to respond to

"demand spikes" that significantly increase the estimated volumes

currently by the CLIENT. 3. The CLIENT agrees to state expressly

clear, visible and accessible from its contents, its identifying data and how

solely responsible for the contents, placing a notice in their contents of the

Usage policy. FOURTH.- PRICE AND BILLING.- 1. The price of the Contract

is 5% VAT excluded. 2. Payment of the invoices will be made after acceptance.

for the work by the CLIENT, through bank transfer within 30 days of

the date of receipt of the invoice to the following current account held by

SUPPLIER: FIFTH.- DURATION OF THE CONTRACT The duration of the

This contract is for three months from the date referred to in the

heading of the Contract. The Contract may be expressly extended by

written. SIXTH.- SERVICE LEVEL AGREEMENT 1. All Services


provided by the SUPPLIER will be carried out by specialized personnel in each

material. The PROVIDER's staff will come equipped with all the material

necessary, appropriate and up-to-date, to provide the Services. 2. The breakdowns or the

malfunctioning of the Services will be communicated to the PROVIDER in its

address a through of call telephone company


o shipmentof fax.

3. The problems will be resolved within a maximum period of three months.

A critical incident is understood as incidents that, within the framework of the

the provision of the Services significantly affects the CLIENT. [if they can

set objective parameters better • Serious incidence is understood as:

incidents that, in the context of the provision of Services, affect

moderately to the CLIENT. • A minor incident is understood as: the incidents

that only hinder the provision of Services. The repair is

It will be carried out in the following maximum periods from the notification: Minor incident

4. The state of the Services will be reviewed quarterly by the CLIENT and the

SUPPLIER for to check his good operation. SEVENTH.-

AMENDMENT The Parties may modify the contract by mutual agreement and by

EIGHTH.- RESOLUTION The Parties may terminate the Contract,

right to compensation for damages and losses caused, in case of

noncompliance with the obligations established therein. NINTH.-

NOTIFICATIONS The notifications made by the Parties must be

to be done by mail with acknowledgment of receipt to the following addresses: TENTH.-

LEGAL REGIME This contract is of a commercial nature, there being no

in no case any employment relationship between the CLIENT and the staff of

SUPPLIER that specifically provides the Services. Any controversy


derivative of this contract or related to it – including any matter

related to its existence, validity or termination - will be resolved by arbitration OF

LAW, managed by the Commerce Association of Guatemala

Arbitration of Guatemala, in accordance with its current Arbitration Regulations.

the date of submission of the arbitration request. The Arbitral Tribunal that

designed for this purpose will consist of a single expert referee and the language of

The arbitration will be in Spanish. The venue for the arbitration will be Guatemala City.

As a proof of what precedes, the Parties sign the Contract in two copies and

to a single effect, at the place and date indicated in the heading

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