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