("CLICKPANDA") TERMS AND CONDITIONS OF CLICKPANDA.COM (“CLICKPANDA”)
Clickpanda provides worldwide services, and has the responsibility to protect to each client and give the best support service available. All ClickPanda’s clients are attached to the following politics:
1. Object, modifications and benefits:
1.1. The current General Conditions, with the Particular Conditions, the corresponding descriptions and the list of rates, wich in each case are establish, will regulate the capability of ClickPanda of the services of Web Hosting, domain names registration, servers, electronic message service, applications and computer tools (from now on, “the services”), and other services that can be offered to the CLIENT in exchange to satisfaction for the same. Those services will confer a right to the CLIENT to use the offered products, subject to terms, conditions and terms of the current General Conditions and the particular conditions who, in this case, will be established,
1.2. ClickPanda can modify the content of the present General Conditions mediating the CLIENT’s acceptance; in the communication submitted to this effects, ClickPanda will facilitate to the CLIENT the relative information to the modification and the consequences of his no opposition. The acceptance of the modifications of the General Conditions will be consider if the CLIENT don’t agree in the ter of 4 weeks after receiving the communication. In case the CLIENT inform his rejection to ClickPanda within this term, the General Conditions under the contract was signed will remain valid.
1.3. The current General Conditions will prevail above any general condition the CLIENT can plead, unless a deal expressed in opposite in which has to be recorded in writing the ClickPanda’s acceptance.
1.4. The current General Conditions will apply if there’s no contradiction with the Particular Conditions or have not been arranged any Particular Condition.
2. Rights and obligations from the parts.
2.1. The CLIENT has the right to see the Service or Services acquired according to the General and Particular Conditions in every case agreed.
2.2. The CLIENT should use the Service or Services acquired according to the Conditions agreed on both parts, to the current legislation and good faith.
2.3. The CLIENT must be older than 18 years old.
2.4. The CLIENT should satisfy the agreed remuneration for each Service or Services in the terms and forms contained in the Particular Conditions and prices list.
2.5. The CLIENT must facilitate to ClickPanda his complete and correct information. It is obligated to inform to ClickPanda immediately about any modification of the information and confirm them to ClickPanda again, on his petition, in a 15 days term from the modification day. Unless in the Particular Conditions agreed something else, it should facilitate the following information: Complete name, ID/Cédula de ciudadanía/DNI/Passport, confirmation that the client is older than 18 years old, address, email address, phone, service holder, payment information (credit or debit card or bank account) the holder of the payment information. In the case the CLIENT is a legal entity or person he/she will facilitate his legal form.
2.6. The CLIENT is responsible for comply with the laws and regulations that applies and, and in enunciative, the online rules, Ecommerce, Copyright, public order maintenance, and applicable regulations in relation to this agreement.
2.7. The CLIENT will abstain to use the Services in opposite to the good faith and particularly, and enunciatively, won’t do the following:
- Utilize the Service in opposite ways to the european, american and more specifically colombian laws or that breaks the the rights of third parties.
- Any content transmission or publication of contents that of ClickPanda’s judgment results violent, obscene, abusive, illegal, xenophobic or defamatory.
- The use of cracks, program number series or any other type of content that violates the rights of the third parties intellectual property.
- The collection and/or utilization of personal information from other users without their express consent or contravening of the “Ley de Protección de Datos de Carácter Personal” disposed.
- The server email usage and/or email addresses to spam, mail bombing, phishing, escrow fraud, scam 419, pharming, virus difusion (trojans, worms, etc,) or any other type of activity with sabotage spirit, fraudulent or illegal.
- ClickPanda expressly warns the CLIENT that their outgoing emails will be automatically filtered by ClickPanda to detect, in this case, this activities.
- The website space usage to upload not appropriate files of hosting or telematic hosting for example, the backup generation of any type, remote storage uploads, data storage to share files or similar behaviors not directly related to the content and application of this website space.
- The usage of email access to a server like “virtual hard disk”, meaning, it’s usage to storage of catalog like files or any other way. The usage of the email account can’t be use to other purpose to the ones related to a normal context email traffic.
2.8. The web space offered in “Shared Services” (this is, all hostings services shared with server exclusion) can only be used by the CLIENT for web content and applications. In that way, is not allowed to generate backups, nor data storage if are not directly related with the content and applications to that web space. In all cases the CLIENT won’t use the web space in a way to overload for ClickPanda’s hardware or that affects the functionality or operations of ClickPanda’s network or equipments.
2.9. The CLIENT must adopt as many as security measures are convenient or necessary to preserve the confidentiality and his username and password in secret to access the ClickPanda’s access portal, that will be in all cases personal and non-transferable.
2.10. In case the trespass any of the obligations indicated on the points 2.3, 2.5, 2.6, 2.7, 2.8 and 2.9, ClickPanda has the right to cancel the contract with the CLIENT and this has no right to claim. Also, ClickPanda has the right to suspend the service without any written notification with 48 in advances, that can be made through email and in which case it’s cancellation.
2.11. ClickPanda guarantees the services acquired will be given in the specified General Conditions and established in the Particular Conditions.
2.12 The CLIENT has no right to demand the same IP assignment in the validity of the contract. 2.12. For each Internet domain of the CLIENT only can be applied one only rato from ClickPanda.
2.13. Unless otherwise agreed, it is consider included in the rate the volume of monthly transmission indicated in the moment the contract is done through www.clickpanda.com. The volume of the data transmission used it’s reduced to the sum of all data transmissions derivative of the product used by the CLIENT (for example, emails, downloads, uploads and websites). To the volume determination of data transmission, a Gigabyte equals to 1000 Megabyte, a Megabyte equals to 1000 Kilobytes and a Kilobyte equals to 1000 Bytes.
2.14. In case the CLIENT exceed in a month the volume of the transmission included on the rate, ClickPanda reserves the right to invoice the difference between the volume included in the rate contracted and the real volume consumed to the ClickPanda’s prices valid at that moment. The faculty won’t be applied in case the volume of the transmission planned on the on the rate contracted is unlimited.
2.15. The CLIENT will choose a determined rate when he makes the purchase. Unless otherwise agreed, is not possible to combine different offers.
2.16. ClickPanda offers a guarantee of the Services functionality which empower the client to receive a total or partial credit to the paid rates in case the total website availability by ClickPanda in under 95.99%. In case the CLIENT proves satisfaction to ClickPanda the total websites availability in inferior to the above mentioned reference, the CLIENT can contact ClickPanda to request a credit to the rate to that month proportional to the availability remaining time, credit that will be assigned to the future purchase of ClickPanda Services. The credits are not exchangeable for money and doesn’t affect the applied taxes. The credirts are not gonna be applied with interruptions caused by:
- Periodic maintenance predicted or repairs carried out time to time by ClickPanda.
- Not availability caused by the CLIENT.
- Availability incidents that limits the access the browser to the access the CLIENT’s website (example, FTP service interruption or email).
- Suspension of the CLIENT’s account due to legal actions taken or announced against the CLIENT or his services.
- CLIENT’s account suspension for General Conditions violations, for example, excessive use of system resources, no payment or payment incidents, identification of fraudulent behaviors or General Conditions contract contractions
- Causes beyond ClickPanda’s control or not reasonably predicted by ClickPanda.
2.17. ClickPanda can limit or interrupt tentatively the CLIENT’s access to her/his benefits when the network service security make it necessary, the maintenance of the network integrity, and specially to prevent serious network, software or saved data interruptions. Those interruptions will be communicated, if it’s possible in advanced to the CLIENT through www.clickpanda.com or via email (it’s the CLIENT’s obligation keep his personal information updated). The above duty won’t be exigibles to ClickPanda in circumstances beyond one's control or if a data network down is produced that serves of base to provide the same alien to his will and control. ClickPanda reserves the right to cancel definitely the above access supposing the CLIENT seriously infringe his obligations or supponing with reasons not on ClickPanda’s will, be indispensable make technologic changes that prohibit the service continuation, advanced notification to the CLIENT 15 days before. To this effects, are consider serious infractions to the ones named above in the 2.10 or the current General Conditions.
2.18. ClickPanda is no responsible for :
- The hosted content in the attributed storage to the user for the service
- The possible damage in the computers due to the incorrect manage of them (which will be the CLIENT’s responsibility)
- The damage caused to an infection by a virus on the CLIENT’S computers and/or websites (the security measures for each website in his code or package used are the CLIENT’s responsibility).
- The errors produced by the access providers, any illegitimate intromission by a third party. The deficient configuration by the CLIENT’s part.
2.19. ClickPanda can grant the rights and obligations included on the General Conditions to one or more third parties. In this case, the CLIENT can cancel the contract immediately.
2.20. ClickPanda will choose freely the technical ways, that can be relative to the technology or infrastructure, with the purpose of facilitate the provision of the services given.
2.21. ClickPanda is not responsible for the damage or any nature that can be caused by a third party o to the CLIENT as consequence of the improper or illegitimate use of the service by the CLIENT.
2.22. Any claim from the CLIENT to ClickPanda should be presented in written form, that can be done also via email if the CLIENT add to his claim his full name, NIF/DNI/CIF, address, email address, phones, owner of the service and provides the electronic document with an electronic signature, in accordance with current regulations. The claim will be excluded for defects or interruptions not warned on time. The claim should be send to the Postal Office: ClickPanda - Dominio amigo S.A.S Carrera 11 #73 - 20, oficina 601 Bogotá Colombia or through an email to email@example.com. After the notification to ClickPanda about the inconvenients, claiming objects, the CLIENT will give to ClickPanda a 20 days term to reestablish the correct service functionality. While this term, the CLIENT can’t perform any action against ClickPanda nor finish the contract due to defects or interruptions.
2.23. ClickPanda will answer in any case of the damage produced as consequence of an contractual breach due to a willful behavior or seriously unwise from ClickPanda or any the people that ClickPanda uses to comply with their obligations. If the contractual breach is not produced by a serious unwise or willful, ClickPanda’s responsibility will be limited to amount of the damage foreseen or that could be prevent to the contract celebration. In any case, and except legal provision imperative against ClickPanda, the quantification to the above responsibility will be limited to the efectivamente abonadaby the CLIENT to ClickPanda for the contracted services.
2.24. The promotions given from 2010 to 2016 were only for one year from the product purchase. After that year ClickPanda will charge the product depending of the use the client has taken and how much he/she needs for the next year.
3. Licenses, Intellectual property
ClickPanda is headline or in this case, is authorized for his use from the legitimate owner, of all copyright, brands, Intellectual Property Rights, know-how y any other rights other rights keep with the CLIENT’s contracted services, also for the computer programs needed to his implementation and the information obtained about the same.
The CLIENT must respect the third parties programs placed to ClickPanda’s disposition even though they were free, in which ClickPanda has the necessary exploitation rights.
The CLIENT, under these General Conditions, doesn’t adquire absolutely no right to license of the Services given, about the necessary computer programs to give the Services nor about the technical tracking information of the Services, exception made of the rights and licenses needed to comply with the current General Conditions and only for the time the services were contracted.
The CLIENT is compromised to guarantee that any program user respect the use conditions of the same.
The CLIENT can use only the programs in one computer simultaneously. It will be consider that exist a “use” of the programs when the they are on the main memory or in a file on a computer. It will not consider using a program that is only installed on a network server to the only distribution effects of programs. For the software usage given by ClickPanda for a product without additional consideration, the CLIENT must activate via a licenced code given by ClickPanda. The licence code will be valid for 6 months, once they’re reached it will be not possible the activation.
4. Rates and payment methods.
4.1. The rates included on the rates list are determined. The rates depend of the rate chosen, included on the Particular Conditions. If tariffs independent of the use had been agreed, ClickPanda can establish a way of payment. The related rates with the use or consumption will be invoiced after given the benefit.
ClickPanda can increase the amount of fees not more than once per trimester with a previous notice and/or post on his website www.clickpanda.com from 4 weeks before the end of the trimester. To validate the increasement it is required the CLIENT’s consent, that will be granted if the CLIENT doesn’t state your disagreement with said increase, within the following 4 weeks to his written notification, submitted vía email (ClickPanda – Dominio Amigo SAS, Cra 11 # 73 - 20 Bogotá Colombia, or via email to firstname.lastname@example.org). If you do not declare your disagreement, you have alternatively the right to end your contract within the same time lapse, once is done, the contract will be valid with the new notified rates.
4.3. ClickPanda will inform the CLIENT the final price, with applicable taxes, to formalize the purchase process and always previously to the shipping from the CLIENT’s part on his order to ClickPanda.
4.4 If there is a variation in taxes applicable to the agreed services, ClickPanda can adapt his prices in consequence.
4.5. The invoices will be emit and send to the CLIENT via email. If the CLIENT accept email usage as the only available way to receive invoices generated for the services.
4.6. In function to the services and the payment way gave by ClickPanda, the invoice payment will be send the bank account indicated by the CLIENT o it will be charged to the bank card given by the CLIENT. The CLIENT authorize expressly to ClickPanda to make the charges of the invoices while the contract is active.
4.7. For the direct payment to the debit account (SEPA), it will be apply the following: The CLIENT authorize CLICKPANDA to remove the charges to the specified account through an expressed declaration (order of direct debit). The previous notification (“Prenotification”) will be send 5 business days before the debit o and at earliest, this debit, will be removed 5 business days after the invoice date. The invoice will be notified to the client via email, his configuration menu or another agreed way. The client will be obliged to provide enough funds in his specified account so that the amounts owed can be withdrawn. The debit can vary, the amount can be previously notified if:
4.8. In case of unpaid invoice, the CLIENT will defray the cost of all requirements of payment, as well as the cost of returning the bank receipt and expenses that will accrue for said reason attributable to the CLIENT, including fees and expenses to the ClickPanda’s lawyers.
4.9 ClickPanda reserves the right to suspend the services given before any incident experienced of the charges of the same or for non payment. If the CLIENT doesn’t pay the services in the term of 20 following calendar days to the Service billing, ClickPanda can suspend immediately the same and proceed simultaneously to the claim of the amounts owed, being able later to solve the contract with the CLIENT for breach.
5. Offer, formalization and extension of the contract
5.1. After the telephone or email request by the CLIENT, ClickPanda can accept the request of the contract within a term of 14 days. ClickPanda will make available to the client this General Conditions to which the contract will be subject, so the same can be stored and reproduced by the same. After the mentioned request from the CLIENT’s part, ClickPanda will confirm the contract through a welcome email to the CLIENT in which will be informed the activation of the given services and details of the same.
5.2. If the contract was signed for a certain period or if it was agreed with the CLIENT for a minimum valid time period, it will be extended in each case for the time agreed or for the minimum time, but at most one year, as long as it is not waived within four weeks before the agreed time or the completion of the minimum period. The provisions of this clause will be applicable unless otherwise agreed in the Particular Conditions.
6. Termination of the contract
6.1. The contract can be terminated by mutual agreement by the part.
6.2. The contractual relations between ClickPanda and the CLIENT that did not have a specific duration may be terminated by any of the parties at any time without the need for any justification.
6.3. The CLIENT may terminate in advance the contracts conditioned to a commitment of minimum permanence, as long as the price difference between said contracts and those that, at the time of contracting, offered ClickPanda, are reimbursed to ClickPanda in a non-conditional manner to a minimum permanency commitment for the same products or services.
6.4. The CLIENT has the online tool to manage his contract, through which he can request the cancellation of the contract in full or of any of the services associated with it. Said withdrawal request will generate the sending of a confirmation email by ClickPanda, which will contain the necessary information to complete the withdrawal procedure.
6.5. If the CUSTOMER requests additional services to the contract, the period initially agreed in the contract will be valid for them. The additional benefits may be, according to the waiver regulations indicated, subject to a separate waiver, otherwise the validity of the contract will continue.
7. Personal Data Protection
8. Right of withdrawal
8.1. When the CLIENT is a consumer and the contract is concluded without the simultaneous physical presence of the CLIENT and of ClickPanda (distance selling), the CUSTOMER will enjoy the right of withdrawal described in this section.
8.2. The CLIENT will have a maximum period of two days to cancel the contract by means of a written declaration, sent by email to email@example.com or by means of the cancellation tool mentioning the data referred to in clause 2.5, as well as those of the Service (customer identifier and contract number (s)). The deadline to exercise the right of withdrawal, which will not imply any penalty or need to indicate the reasons, will begin to run from the day of conclusion of the contract.
8.3. The right of withdrawal of the CLIENT is extinguished early if ClickPanda, with the express consent of the CLIENT or on his initiative, has already begun with the provision of the contracted service before the expiration of the withdrawal period. The CLIENT does not have the right of withdrawal if ClickPanda supplies him merchandise elaborated in accordance with the CLIENT's specifications or that are clearly designed according to his needs or if the CLIENT himself has ordered the provision of a service before the expiration of the withdrawal period (for example, immediate registration of a domain at the CLIENT's request). Neither does the CUSTOMER have the right of withdrawal if ClickPanda supplies a software in a data medium and the CLIENT disconnects it.
9. Refund Guarantee
Each CUSTOMER may only use this option once, regardless of the number of Services contracted by ClickPanda. Thus, for example, in the case of products such as Exchange Email that admit the possibility of extending the initial contract, this guarantee will only apply to the initial contract and not to its successive extensions. This guarantee may not apply to the services contracted through promotional offers. ClickPanda reserves the right to exclude the application of the same in the aforementioned cases. In no case will return cash be made; All reimbursements will be made on any product available on the www.clickpanda.com page or balance available for the use of the client at its discretion in another product. The warranty period will not be applicable for dedicated server services.
10. Applicable legislation and jurisdiction
10.1. As foreseen in these General Conditions, as well as in the interpretation and resolution of conflicts that may arise between the Parties, the legislation of the country where the service or product is provided will apply.
10.2. The Parties submit to the final resolution of all disputes resulting from the contractual relationship to the courts or tribunals that are competent in each case.
In case one or more of the stipulations of the present General Conditions are null, the validity of the rest will not be affected.
II. Particular Conditions for Domains
1. Domain Registration
1.1 The different Top-Level-Domains are administered by a multitude of different organizations, mostly national. Each of these domain allocation organizations has established different conditions for the registration and administration of Top-Level-Domains, their corresponding Sub-Level-Domains and for the way to proceed in cases of disputes over domains.
1.2 As for the procedures of assignment, renewal, cancellation, modification of data, transfer of management, cancellation and transmission of any domain names offered by ClickPanda. When the domains are subject to the contract between ClickPanda and the CLIENT, the rules applicable to the aforementioned procedures will also regulate the relationship between them as long as they are not modified by the individual agreements between the Parties and these General Conditions.
1.3 The CLIENT accepts that for security reasons ClickPanda protects your domain name against unauthorized requests for the transfer of said domain name through a transfer block. The CLIENT may authorize transfers in individual cases by eliminating said block.
1.4 In the creation and / or maintenance of domains, ClickPanda will intervene in the relationship between the CLIENT and the organization corresponding to the concession of the domain, as a mere intermediary. ClickPanda does not have funds in the granting of domains. ClickPanda does not assume any guarantee that the domains requested by the client are granted and have the rights granted in favor of third parties or have long-term continuity. The CLIENT has the right to cancel his pre-reservation for individual domains until the date of registration of the pre-reserved domain in the event that the initial price of the domain is higher than the price indicated by ClickPanda. This right only refers to the new ones. The TLD is not uniform, while the renewal of the domain name registration may be different from other domain names in the same or other TLDs.
1.5 ClickPanda can not guarantee the CLIENT that the domain name or the TLD will be registered by the competent registrar. ClickPanda can not guarantee the CLIENT that the TLD will be available to the general public or that it will be offered by ClickPanda. It may happen that the TLD is subject to special Registration Terms and Conditions and / or restrictions not known at this time. It may be the case that ClickPanda is not allowed to register the domain name in the name of the CLIENT due to these Terms and Conditions and / or restrictions. In such case, the CLIENT will have the right to cancel his pre-registration without incurring any cost. In case the domain name is not registered by the registrar and the TLD is not available, the CLIENT will not incur any cost.
1.6 The domain name can only be renewed after the expiration date if the registering entity (ICANN) allows it, our system will try the renewal after receiving the payment from the CLIENT. ClickPanda does not guarantee that the domain can be renewed after the expiration date. Additional restoration costs may apply if the domain is renewed after the expiration date. The domain will be released once the grace period has ended, then it can be registered again. The grace period may vary according to the TLD. For more information you can visit: https://www.icann.org/resources/pages/expired-2013-05-03-en
1.7 The CLIENT accepts that when registering a domain name, ClickPanda may renew it at any time if a third party requests and pays the renewal cost. However, only the original registrar will have access to administration, DNS change, contact change or domain modifications.
2. Domain rights, litigation
2.1 The CLIENT guarantees that the domain requested by him does not infringe the rights of third parties.
2.2 The CLIENT is obliged to notify ClickPanda immediately of the eventual loss of his domain. If the CLIENT plans the recovery of his domain by a third party, he will be obliged to inform ClickPanda immediately about the initiation of negotiations with the third party, answer the ClickPanda queries about the status of the negotiations with the third party and grant ClickPanda the preferential right of recovery for the CLIENT, in the cases and to the extent that this does not harm the interests of the CLIENT.
2.3 While the CLIENT itself has not yet endowed a domain with content, ClickPanda will be able to introduce its own content, such as ClickPanda or third-party advertising.
2.4 The CLIENT authorizes ClickPanda to renew the domain name using the express renewal method, which entitles third parties to pay for the renewal of the domain.
2.5 The administration and ownership of the domain belong to the original CUSTOMER registrar, paying the renewal does not mean a change of ownership of the Domain.
2.6 ClickPanda is not responsible for conflicts of interest that may arise during the registration, renewal or transfer of a domain.
3. Duration and automatic renewal of the domain registration.
The domains object of these Particular Conditions will be registered for the period indicated in the Particular Conditions and automatically renewed for identical periods, unless any of the following circumstances occur:
- Non-compliance with contractual obligations by the CLIENT. For these purposes, the non-payment by the CLIENT of the amounts due will not have the consideration assigned in this clause and, therefore, will not prevent the automatic renewal of the domain name.
- Express complaint of the contract by the CLIENT.
- The damages due to a virus infection of your equipment and / or on websites owned by the client (the security measures for each web page in your code or package used are the responsibility of the client).
- Any other reason legally provided for that purpose. The renewal of the domain will entail the obligation of the CLIENT to pay the price established for it and the authorization of the CLIENT so that ClickPanda can collect this amount from the CLIENT's bank account. Your credit card payment will also be valid.
4. Domains TLD.
The domains with TLD (.mx, .uk, .ar etc) are audited by companies belonging to each country as well as ICANN and they will determine if it is possible or not to register it. If problems arise, it is necessary to present the following information to the respective company:
- Valid driver's license.
- Valid nationality ID card.
- Utilities invoices for the last 3 months.
- Taxes declared for the last 3 months.
- Official letterhead of the company with stamp.
In case of not presenting this information, ClickPanda S.A.S is not responsible for money returns.
5. Disclaimer of warranty
ClickPanda no se responsabiliza de fallos e inestabilidad de los servicios generados por aplicaciones terceras o daños causados por terceros.
6. Limitation of liability
ClickPanda no se responsabiliza por demora en los servicios por fallo de aplicaciones de terceros o daños hechos a los mismos.
The CLIENT agrees to defend, indemnify and hold ClickPanda, its affiliates and its sponsors, partners, other brand partners and the respective directors, officers and employees of each of and against any and all claims, losses, damages, liabilities and liabilities. costs (including, without limitation, reasonable attorneys' fees and court costs) that arise or are related to the breach of any of these Conditions or the use by you or third parties of the Services, except to the extent of the foregoing, directly of own serious negligence of ClickPanda or fraud. ClickPanda reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification on its part, the CLIENT.
For its own purposes and operational efficiencies, ClickPanda occasionally makes a backup copy of the data on its servers, but has no obligation or duty to the client to do so under these Terms. IT IS THE SOLE DUTY AND RESPONSIBILITY of the client's backup files and data servers in ClickPanda, of the CLIENT itself, and under no circumstances, ClickPanda will be liable to anyone for damages of any kind under any legal theory for loss of subscriber and / or data files on any server ClickPanda will not attempt to back up accounts that exceed 50,000 files or 30 gigabytes of space for any reason.
Monitoring and Dissemination
All activities that occur on, in and / or through the Services or any website hosted by ClickPanda can be controlled, recorded, and examined by any authorized person, including the application of the law. In general, ClickPanda does not monitor websites or activities of its clients to determine if they are in compliance with these Terms. However, when and if ClickPanda becomes aware of any violation of these Terms, ClickPanda may take legal action, and in the case of illegal activity, will take measures to stop or correct such violation, including, but not limited to, the closing of a website, denying access to the Services or the Internet through ClickPanda, and / or eliminating non-conforming information. In addition, ClickPanda may take legal action against a customer or subscriber, patron, customer, guest, visitor or guest of said subscriber due to the activities of said client, patron, client, visitor or guest. ClickPanda reserves the right to take any action even though such action may affect other subscribers, customers, customers, guests, visitors or guests of the subscriber. ClickPanda may disclose any information in its possession, including, without limitation, customer information, Internet transmissions and website activity in order to comply with a court order, subpoena, request for information, order, law, regulation, orders of the government, or other legal process to protect ClickPanda or others from any damage and / or to ensure the proper functioning of the Services. ClickPanda has no obligation to notify any person, including the subscriber from whom the information is requested, that ClickPanda has provided the information.
Exact account information
The subscriber must continuously update and maintain the customer's precise and current contact information stored and saved in ClickPanda in order to avoid the cancellation of the ClickPanda’s subscriber account. ClickPanda breach notification duty If the subscriber discovers any person in the ClickPanda system that violates any of these conditions or suspicious notices of the ClickPanda network, the subscriber agrees to report the violation or suspicious activity by opening a ticket with Terms of Service of Attention to research. ClickPanda reserves the right, and any account of what ClickPanda concludes that it is violating any of these Conditions will be terminated immediately.
Reservation of rights
ClickPanda reserves the right to refuse or cancel the service to any potential subscriber or existing subscriber for any legal reason at any time during the subscriber's stay period with ClickPanda.
These terms are binding for ClickPanda, all existing and future subscribers, and on the assignees, heirs and successors of each. If any provision of these Conditions is carried out by any court of competent jurisdiction as invalid or unenforceable, the remainder of these Terms, however, will remain valid and in full force and effect, to the extent that those remaining terms are for the contrary consistent with the original intention of the Terms of Service.
Law that governs
These Conditions are governed by the laws of the Republic of Colombia, without reference to conflicts of legal principles. The United Nations Convention on the International Sale of Goods will not be applied and is expressly excluded. By subscribing or using any of the ClickPanda Services, the subscriber agrees that all disputes, if any, with the participation of ClickPanda will be subject exclusively to the jurisdiction of the state courts and within the Republic of Colombia; provided, further, that any appeal filed against ClickPanda in a state court must be filed in the Republic of Colombia, within Colombia and, if it is in the Court, in Colombia. The subscriber agrees that it is subject to the personal jurisdiction of said courts for all purposes in relation to these Terms and / or in relation to any claim or dispute involving ClickPanda. The subscriber hereby waives any objection that he has or may have, known or unknown, either by virtue of the statutes of the Republic of Colombia or otherwise, to the existence of said jurisdiction in personam. The subscriber accepts that he has no right to not present or present a claim against ClickPanda outside the Republic of Colombia in another way; since the subscriber, if intervening before a court in a trial outside the Republic of Colombia, will be considered to support and stipulate a motion made by ClickPanda to dismiss said process in relation to ClickPanda.
ACCEPTABLE USE POLICIES OF CLICKPANDA.COM, ("CLICKPANDA")
As used herein, the term "Subscriber" or "subscribers" will include any and all users, customers, subscribers, affiliates (including, without limitation customers or non-customers to which ClickPanda provides links or banners promoting the services or ClickPanda products or third parties the services or products of which are offered by or obtained through or in connection with ClickPanda), resellers or others (i) who sign up for, use or obtain services or products from ClickPanda or from any of the services of third parties or products of which they are offered by or obtained through or in connection with ClickPanda, or (ii) they visit the website of ClickPanda Web Hosting or any third party. As a provider of access to the Internet / World Wide Web, hosting websites and other Internet-related services, ClickPanda, ("ClickPanda") offers subscribers the means to acquire and disseminate a large number of public, private, commercial, and not commercial information. ClickPanda respects that the Internet provides a forum for the discussion and dissemination of free and open information, however, when there are competing interests in question, ClickPanda reserves the right to take certain preventive or corrective actions. In order to protect these conflicting interests, ClickPanda has developed this Acceptable Use Policy ("PUA"), which complements and explains certain terms of the respective service contract of each subscriber and is designed as a guide to the rights and obligations of the subscriber. Subscriber when using ClickPanda services. This AUP will be reviewed regularly. The use of a subscriber of the ClickPanda services after changes in the acceptable use policy is published on the ClickPanda Web for hosting of Web sites, under the conditions of the service section and will constitute the subscriber's acceptance of the new terms or additional PUAs that result from those changes. An important aspect of the Internet is that nobody owns or controls it. This fact represents a large part of the openness and value of the Internet, but also places great emphasis on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers or other people obtain information through the Internet, they must take into account that ClickPanda can not and does not supervise, verify, guarantee or attest to the accuracy and quality of the information that users may acquire. For this reason, the user must exercise his best judgment when relying on information obtained through the Internet, and must also be aware that some material published on the Internet may be sexually explicit or offensive. Because of this, ClickPanda can not control or censor the Internet, and will not attempt to do so, ClickPanda can not and will not accept any liability for damages to its subscribers or others that result from inaccurate, inappropriate, offensive or illegal communications. When subscribers or others disseminate information through the Internet, they must also take into account that ClickPanda does not review, edit, censor, or assume responsibility for any information their users, customers, subscribers or others may create. When subscribers or others put the information on the Internet, they have the same responsibility as other authors for copyright infringement, defamation and any other harmful information. In addition, because of the information that they create or carry through the ClickPanda network and that can reach a large number of people, including both subscribers and non-subscribers of ClickPanda, publications of Internet subscribers can affect the and may damage the goodwill of ClickPanda, business reputation and operations. For these reasons, subscribers violate the ClickPanda policy and the service agreement when they, their users, customers, subscribers, employees, affiliates or subsidiaries are engaged in the activities described in this document.
The purpose of this AUP is to improve the quality of services and protect subscribers and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This AUP applies to each subscriber. Each subscriber must use common sense and good judgment in relation to the Services. Parents or guardians must always supervise minors in the use of the Internet. Parents and guardians must be aware at all times of what is on the Internet and how minors in their charge are using Internet services.
Security site and updates
ClickPanda uses sophisticated security means in relation to its Services. Notwithstanding the foregoing, it is the subscriber's sole obligation to maintain control of passwords on the subscriber's website (s), and the subscriber is solely responsible for all activities that occur in relation to the user's names, subscriber's passwords and registered domain names (as), as well as each and every one of the scripts or programs added to the account by the subscriber or authorized users. The Subscriber agrees to notify ClickPanda immediately of any unauthorized use of the Service or any other breach of security. It is the sole responsibility of the subscriber to update and ensure that all programs or scripts available through the Parallels - Plesk interface. The inconveniences that the subscriber has when updating and securing all the programs or scripts available through the Parallels - Plesk interface may result in ClickPanda updates of any of the programs and scripts or the suspension of their services from the account until they are update. ClickPanda will not be responsible for losses or damages of any kind, under any legal theory, caused by the failure of the subscriber to comply with any of the previous security obligations or caused by any person to whom Subscriber guarantees access to the services of the subscriber , or for any updates made by ClickPanda in accordance with the terms of this section.
Dedicated Hosting Password Policy
ClickPanda reserves the right to reset the password in a dedicated server if the password in the file is not current, so that we can perform security audits as required by our data center. It is the responsibility of the subscriber to ensure that there is a valid email address and password of the subscriber's current dedicated server root in the file to avoid the forced password reset inactivity time. ClickPanda reserves the right to audit servers and perform administrative actions, as necessary. The use of a secure password is required. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits can be done to avoid weak passwords being used. If an audit is performed and your password is found to be weak, we will notify you to change / update your password.
The uses of ClickPanda Services proclaimed in this section of this document below are prohibited. The performance of any prohibited use as set forth herein by the subscriber or by any Subscriber Subscriber or Subscriber (as determined in the sole discretion of ClickPanda) constitutes a serious breach of these Terms and will subject the Subscriber's account to Immediate termination without prior notice and without any refund.
Spam, whether or not it overloads services or interrupts service to ClickPanda subscribers, is prohibited. The term "spamming" includes, but is not limited to, sending unsolicited junk and / or commercial messages over the Internet, maintaining an open SMTP policy, or sending to any mailing list that is not double opt in ClickPanda requires that all emails contain an automated opt out. We do not allow purchased lists. ClickPanda subscribers are required to follow all the rules of the Can Spam Act (more information at: http://business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business), as well as our spam company rules. ClickPanda reserves the right to determine, in its sole and absolute discretion, if the email recipients were part of an opt-in email list. Regardless of whether an email campaign constitutes Spamming as defined here, ClickPanda allows a maximum of 100 emails per hour that will be sent from any individual hosting account.
ClickPanda is not responsible for the content or classification of the messages received, nor is responsible for the reputation of remote servers and domains outside our network.
ClickPanda does not ensure delivery or receipt of messages since it is only responsible for keeping the server on air.
Any problem attached to the delivery of mails must be reviewed by their senders since ClickPanda does not have in its control all the necessary conditions for the delivery of mails.
ClickPanda is not a computer security company, nor does it provide information filtering services.
Our services are limited to the delivery and receipt of emails that comply with RFC and CAN-SPAM standards.
ClickPanda has no control over blacklist, public or private blacklists, remote spam control services or RBL, so it does not guarantee that IPs can be removed from these lists at any time as they are not under our control.
If you wish to send mass emails, we recommend using a tool suitable for sending mass messages, such as: mailpanda.co
The Subscriber may not use the Participation Services in the illegal distribution of prescription drugs, including, but not limited to, the promotion, marketing or sale of prescription drugs or without a valid prescription.
The Subscriber may not use the Services to provide, sell or offer for sale the following: controlled substances; illegal drugs and drug smuggling; weapons; pirated materials; instructions on how to make, assemble or obtain goods or weapons to attack others of an illegal nature; the information used to violate the copyright (s) of, violate the trademark (s) of or destroy the property or intellectual information of third parties; information used to illegally damage any person or animal; pornography, nudity, sexual products, programs or services; accompaniment services or other content considered for adults or related.
Blasphemy or profane matters in the content of the site and in the domain name are prohibited.
Information and private images
Subscribers may not publish or disclose any personal or private information about or images of children or third parties without the consent of that party (or the consent of the parent in the case of a minor).
Violations of intellectual property rights
Any violation of any person or the entity's intellectual property rights, privacy rights, publicity rights or other personal rights are prohibited. ClickPanda is required by law to remove or block access to content that appears on or through ClickPanda Services.
The misrepresentation of information
Forging, misrepresenting, omitting or deleting message headers, returning mail information and / or Internet protocol addresses to hide or erroneously identify the origin of a message is prohibited.
Viruses and other destructive activities
The use of the Services for the creation or sending of Internet viruses, worms or Trojans, or for pinging, flooding or mail bombing, or participating in denial of service attacks is prohibited. It is also prohibited for any subscriber to participate in another activity that is intended to disrupt or interfere with, or that results in disruption or interference with the ability of others to effectively use the Services (or any connected network, system, service or equipment) or carry out your business through the Internet.
"Hacking" and related activities are prohibited. "Hacking" includes, but is not limited to, the following activities: illegally or without authorization, access to computers, accounts or networks, penetrating or attempting to penetrate security measures, port analysis, stealth scans, and other activities designed to help piracy.
ClickPanda does not allow the use of anonymous proxy scripts on its servers. They can be very abusive with server resources since it affects all users on the server.
The use of the Storage Services is prohibited to publish, display, transmit, advertise or make available our services of child pornography. ClickPanda is required by law to, and will have to notify law enforcement agencies when there is knowledge of the presence of child pornography on, or that is transmitted through, our Services.
Other illegal activities
The use of the Services to participate in an activity that is determined by ClickPanda, in its sole and absolute discretion, which is illegal is prohibited. Such illegal activities include, but are not limited to, storing, publishing, displaying, transmitting or making available Ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information from third parties without your consent, non-compliance of applicable local line of privacy laws or any executive orders, as well as rules, regulations or orders issued by the Office of Foreign Assets Control ("OFAC"). ClickPanda will cooperate fully with the appropriate law enforcement agencies in relation to any and all illegal activities that occur on or through the Services.
Obscene, defamatory, abusive or threatening Language
Use of the Services storage, publish, transmit, display or make available obscene, defamatory, harassing, abusive or threatening language is prohibited.
ClickPanda offers its services to host WEB sites, NOT to store data. The use of an account as a space for online storage for electronic files or files is prohibited and will result in the termination of hosting services without prior notice.
Participate in any activity that, at the sole and absolute discretion of ClickPanda, interrupts, interferes or is detrimental to (or threatens to interrupt, interfere with or be detrimental to) the services, businesses, operations, reputation, good will, subscribers of ClickPanda and / or subscriber relationships, or the ability of ClickPanda subscribers to effectively use the Services is prohibited. Such prohibited activities include the making available to any program, product or service that is designed for or could be used to violate these Conditions. In addition, subscriber's failure to cooperate with ClickPanda in correcting or preventing violations of these Terms by, or resulting from, the activity of a Subscriber, patron, customer, guest, visitor or guest of the Subscriber constitutes a violation of these Terms of Service of the subscriber.
Hosting and VPS
All activities listed in this section are also prohibited in the dedicated hosting and VPS accounts, with the exception of the activities described in the paragraph "backup storage".
Specific terms of Email and Web Hosting
ClickPanda (hereinafter, "Provider") and you (hereinafter, "Client")
(1) The customer chooses this means and undertakes to initiate the provision of web hosting services through the Provider. Each order that represents a web hosting service or a VPS service and / or an email hosting service is known as an "Accommodation Order".
(2) Provider accepts by choosing the client to start offering web hosting services through the provider.
2. Rights of Suppliers
While certain attributes of a hosting order may consist of unlimited resources, the client acknowledges that a hosting order is a shared hosting service, and that the provider has the right, in its sole discretion to apply hard limits on any attribute or specific resource in a Hosting requested at any time and without notice in order to prevent the degradation of its services, or in case of any breach or violation or threat of breach or violation of this Agreement, or in the event that the Provider is aware of the possibility of non-compliance or violation of this Agreement, that the Provider in its sole discretion deems appropriate, or to protect the integrity and stability of the Supplier's products and services, or to avoid any civil or criminal liability, for part of the Provider, and / or service providers, or any other appropriate reason. The customer acknowledges that the Supplier and / or service providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, suppliers of the Provider and services, are not responsible for the loss or damages that may arise of any of the aforementioned events.
A. General Conditions
Client, or its contractors, employees, directors, officers, representatives, agents and affiliates and their services or users, may not use or permit their use, either directly or indirectly, or through their clients, of any Accommodation Order, in violation of this Agreement, and by any of the activities described below -
(1) For any unacceptable or inappropriate material, as indicated by the Provider at its sole discretion, including, but not limited to Topsites, IRC Scripts / Search Engines, Proxy Scripts / Anonymizers, Pirate / Warez Software, hosting of scripted images (similar to Photobucket or Tinypic), AutoSurf / PTC / PTS / PPC sites, IP scanners, Bruteforce / Scripts / Applications, Mail Bombers / Spam Scripts, Banner-ad services (commercial rotation banner), file dump / Mirror scripts (similar to rapidshare), Commercial Audio Streaming (more than one or two English streams), security deposit / bank obligation, High Performance Programs of interest (HYIP) or related sites, investment sites (FOREX, E- Gold Exchange, Second Life / Exchange Linden, Ponzi, MLM / Pyramid Scheme), sale of any controlled substance without prior proof of the corresponding permit (s), Prime Banks programs, lot sites ería, MUD / RPG / PPBGs, / hate sites / racist targeted harassment, hacker focused sites / files / programs, websites that promote illegal activities, forums and / or websites that distribute or link to warez / pirated / illegal content , unsecured obligations Bank / Bank Commercial programs, fraudulent sites (including, but not limited to, the sites listed on aa419.org and escrow-fraud.com), Mailer Pro.
(2) Use more than 25% of system resources, including but not limited to memory, CPU, disk, network, and bandwidth capacity, for more than 90 seconds in a consecutive 6-hour period.
(3) Run long-running, stand-alone applications, without server supervision, robots or demons.
(4) Run any type of web spiders or indexers.
(5)Run any software that interacts with an IRC (Internet Relay Chat) network.
(6) Run, host or store any P2P client, tracker, software, server, files, content or application, including bittorrent.
(7) Participate in any P2P network or file exchange.
(8) Use excessive resources that at the discretion of the provider result in damage or degradation of server performance, use, or experience of its services, other users, other orders, and any of the services that the provider has hosted on the server.
(9) Use the email service to send or receive unsolicited emails.
(10) Use the email service to send or receive emails through automated scripts hosted on your website. For the sending of promotional emails, email campaigns, etc., it is recommended to use a tool suitable for this type of messages, such as mailpanda.co. After the detection of such messages that pass through the regular mail system, such messages will be classified as spam even though the recipient could have chosen to receive such messages. This would lead to an immediate cessation of mail delivery capabilities for the user or the domain name. A frequent violation of the aforementioned terms could lead to permanent suspension of the domain name.
(11) Sending messages to invalid or non-existent email addresses. Upon notification of too many back-return messages due to invalid email addresses of the recipient, the user sending such messages may be blocked. Frequent violation could lead to permanent suspension of the domain name..
(12) Sending emails from an email address that is not valid and that translates into triple bounces would result in the suspension of the user sending such messages. Frequent violation could lead to permanent suspension of the domain name.
(13) Send emails with malicious content. Such emails could emanate from user (s) whose machine (s) are infected with a virus or malware and such activity could be happening without the knowledge of the user or user (s) could be unknowingly sending of emails whose recipients considered unsolicited.
(14) Execute cron with intervals of less than 15 minutes.
(15) Participate in any activity related to the purchase, sale or mining of currencies such as Bitcoin.
(16) Messages that have been in the Trash for more than 30 days will be deleted automatically.
(17) The Client has 30 calendar days to change the main domain after its purchase or renewal.
(18) The services acquired will be suspended at the beginning of the day of the expiration date.
(19) The bandwidth is unlimited as long as no abuses or attacks on the website are detected.
B. Web, email hosting specific terms
(1) As a backup / storage device.
(2) Run any game server.
(3) Store more than 100,000 files.
(4) Constantly create and delete a large number of files on a regular basis, or cause damage to the file system.
(5) Run any MySQL query more than 15 seconds.
(6) It divides multi-domain hosting orders into smaller packages to resell. Multi-Domain Hosting orders can only be used by a single company or client to host websites that are fully owned by them. Certain relevant documents other than domain names whois details, with respect to the names of companies and domain / will have to be submitted when you request ownership of the website. Having the same whois data for all the domain names of the Hosting Order of several domains will not be enough to justify the property.
(7) A large number of multimedia files (audio, video, etc.) are stored, in which the limit is at the sole discretion of the Providers.
(8) Send more than 100 messages per hour per user and / or 300 messages per hour for a domain name. Receive a high volume of emails, using a username or domain, in a given period of time.
(9) Buy / use a dedicated IP address without installing an SSL certificate.
(11) The unlimited storage space mentioned in the hosting packages refers to storage of files for websites, which has an initial limit of 40 GB and its increase is subject to the availability of space on the shared server. The mail storage space has a maximum limit of 20 GB and it is not possible to increase it.
(12) Use a WHMCS license issued by the parent company with any product / service other than the one for which it was issued.
(13) More than two website backup files are stored.
(14) Use more than 5 GB per database.
(15) The Windows shared hosting service has a maximum use of RAM and ISS applications of 150MB.
About the IVA application
As of February 8, 2017, ClickPanda withdraws VAT from hosting services in accordance with the 1819 law.
LAW 1819 OF 2016 ART 187 NUMERAL 24.
Article 187. Add four numerals to article 476 of the tax statute, as follows:
23. Virtual education services for the development of digital content, in accordance with the regulations issued by the ICT Ministry, provided in Colombia or abroad.
24. Provision of web pages, servers (hosting), cloud computing (cloud computing) and remote maintenance of programs and equipment.
The price without IVA applies only to invoices generated after February 8, 2017. The IVA remains valid for domain services (Registration, renewal, transfer).
Terms of services included, promotions and services acquired.
(1) Hosting plans that include free domain registration only applies for the first year, the renewal cost will be sent 30 days before the expiration date along with the cost of hosting renewal.
(2) The two email accounts included in the hosting require that the domain be registered with ClickPanda.
(3) The email accounts included in the domain registration are not cumulative with the accounts included in the hosting.
(4) The email accounts included in the domain registration are not cumulative with corporate or business + drive mail accounts.
CLICKPANDA MONEY RETURN POLICY
1.1. These Terms and Conditions govern the relationship under which ClickPanda lend its ClickPanda Services to Payers.
1.2. A Payer is any natural or legal person, who, like you, accepts these Terms and Conditions for the purpose of using the ClickPanda Services.
1.3. With the acceptance of these Terms and Conditions ClickPanda enables you to use a technological platform (the "ClickPanda System" or the "System") so that you can pay, through the local means of payment enabled in each ClickPanda country, the goods or services Let you sell ClickPanda. You can also use the different functionalities that ClickPanda has developed and developed, and put at your disposal to manage your information related to your means of payment, or with your payment experience in ClickPanda (the "ClickPanda Services").
1.4. The goods or services that you can pay through ClickPanda are made available by ClickPanda, which previously have been linked with ClickPanda through a platform for processing and managing payments.
1.5. Regardless of your address, you can access the ClickPanda Services in any of the ClickPanda Countries (Argentina, Chile, Colombia, Ecuador, Spain, Mexico, Panama, USA, UK, Trinidad and Tobago), so you can pay ClickPanda, provided that ClickPanda has put at your disposal local means of payment in the ClickPanda country where you wish to pay and you can access or count on one of them.
2. PARTICULARITIES OF THE CLICKPANDA SERVICE
2.1. ClickPanda may suspend or cancel the CLIENT's use of ClickPanda Services, at any time, if it violates the provisions of our Terms and Conditions or makes an illegitimate or inappropriate use of the ClickPanda System.
2.3. The lack of immediate actions of ClickPanda in front of the breach of the CLIENT will not imply a resignation of ClickPanda to exercise the rights that correspond to him.
3. MODIFICATIONS MADE TO THE TERMS AND CONDITIONS
3.1. Occasionally, ClickPanda may modify these Terms and Conditions when deemed necessary.
3.2. The modifications will not be applied retroactively and will become effective as of their publication on the ClickPanda websites, in the Legal Section of the URL: www.clickpanda.com/terms-of-service.php or in the URL that then arrange ClickPanda.
3.3. By accepting the Terms and Conditions, you accept their modifications.
3.4. If the CLIENT does not agree with the modifications made by ClickPanda to these Terms and Conditions, he must refrain from using the ClickPanda Services.
4. RESTRICTIONS ON THE USE OF THE SYSTEM
4.1. As payer, the CLIENT must refrain from using the System to do the following:
4.1.1. Pay sums of money that do not result from the acquisition of a good or service from ClickPanda.
4.1.2. Intervene the System or access it using a method other than the interface and instructions provided by ClickPanda.
4.1.3. No website can exceed the assigned use of your hosting plan (Disk space, memory, etc.).
5. PAYER STATEMENTS
5.1. By using the ClickPanda Services, the CLIENT understands and accepts the following:
5.1.1. ClickPanda is not intended to be a system for capturing resources or receiving deposits.
5.1.2. The payments made by the CLIENT are governed by the law of the country of the Company that processes the payment.
5.1.3. During the payment process, or from the customer area, the CUSTOMER has the option to save his credit card. When saving the credit card, automatic debit payment is enabled for pre-expired bills. The CLIENT can eliminate the information of his card at any time, the automatic collections will be made on the due date of the unpaid invoices, ClickPanda can not make refunds of automatic debits once the products have been activated or renewed.
6. PROTECTION OF PRIVACY
ClickPanda recognizes that as a payer, the CLIENT is the sole owner of your personal data and strives to protect the privacy and confidentiality thereof, in the terms required by the applicable regulation.
6.2. With the acceptance of these Terms and Conditions, the CLIENT authorizes ClickPanda to process your personal data for the following purposes:
6.2.1. Validate the CLIENT's information with third parties, such as financial institutions issuing the means of payment used by the payer, such as Visa and Mastercard franchises, among others, to validate and process your payments through the payment gateway used by ClickPanda .
6.2.2. Use your data in internal filters or provided by third parties to ClickPanda, in order to mitigate the risk of identity theft of cardholders if it becomes necessary.
6.2.3. Store and have available to the CLIENT, for when it requires to make payments, the information related to your electronic equipment, as well as your means of payment, such as card numbers, security codes, as long as you decide to make use of the functionalities storage or similar. Credit card data will be kept by our payment gateway provider, taking into account the security and information protection standards established by the Payment Card Industry PCI DSS regulations, which the CUSTOMER may consult at www.pcisecuritystandards.org.
6.2.4. Provide the CLIENT with the customer assistance and problem solving service.
6.2.5. Prevent the ClickPanda system from being used to carry out illegal activities and monitor compliance with the provisions of these Terms and Conditions.
6.2.6. Customize, measure and improve the services provided by ClickPanda, as well as improve our web pages and access to ClickPanda services.
6.2.7. Compare the information to verify its accuracy.
6.2.8. Inform yourself about failures and service updates.
6.2.9. Verify the identity of the CLIENT.
6.2.10. Contact or send notifications to the CLIENT, if necessary. ClickPanda respects your preferences in relation to communication and contact channels. If the CLIENT does not wish to receive notifications via text messages on his device, or prefers to receive them via a single means of communication, for example by email, he can let ClickPanda know by sending an email to firstname.lastname@example.org
6.2.11. Resolve disputes.
6.2.12. Bill the use of ClickPanda services.
6.2.13. Use personal information for internal purposes, such as audits, data analysis and research to improve products, ClickPanda Services and communications with users.
6.2.14. Carry out the processing of the CLIENT's personal data in the ClickPanda servers, which may be located in different countries of the world. With the acceptance of these Terms and Conditions the CUSTOMER authorizes to carry out the processing of your personal data in servers that are not located in your country of residence and as a consequence, you authorize us to transfer your personal information, outside the country of your residence and address.
6.2.15. Store your personal data for as long as it is required according to commercial laws or privacy and protection of information, in the different countries in which ClickPanda provides its services.
6.2.16. Send the CLIENT promotional and advertising information of the ClickPanda, ClickPanda and third party companies that include promotions for the purchase of goods or services through ClickPanda.
6.2.17. Request the opinion or participation of the CLIENT in electronic surveys.
6.2.18. Send discount coupons or give benefits to the CLIENT for future purchases through ClickPanda.
6.2.19. Propose affiliation to loyalty programs, create consumer profiles of Payers and send promotional and advertising materials that may become of interest to the CLIENT.
6.2.20. Organize and carry out competitions, games, offers or promotional or marketing operations and similar events of ClickPanda and / or linked or not to ClickPanda.
6.2.21. The CLIENT may request ClickPanda, at any time, that we refrain from sending you promotional or advertising information, or that we send you only certain information; as well as asking us, that your data is only used for the purposes of making the payment to ClickPanda Stores.
6.3. ClickPanda will ensure that your personal data is treated appropriately, but that it will be exempt from liability for the treatment that ClickPanda does, or the third parties to whom the CLIENT is authorized to do so.
7. SPECIFIC CLICKPANDA REIMBURSEMENT POLICY
7.1 The CLIENT may request for reimbursement within a period of 30 days for those products with the exception of domains, whose registration includes an annual period.
7.1.1 The CLIENT may require the reimbursement of orders with monthly periods, however, may require reimbursement during the 48 hours after the activation of the product.
7.1.2 All reimbursement requirements must be accompanied by clear reasons and their acceptance or not, is subject to the terms and conditions and ClickPanda refund policy described here.
7.2 List of products or services for which you can request a refund:
Hosting (All plans within the first 30 days of activation)
Dedicated Servers, VPS and Cloud.
Failed domain transfers.
Email services (All plans within the first 30 days of activation).
Reseller accounts / Partners
Website builders (All plans within the first 30 days of activation).
SSL Certificates (Before it’s issue).
8.1. The CLIENT may stop using the ClickPanda Services at any time.
8.2. Similarly, ClickPanda may stop lending ClickPanda Services, at any time if:
- If the CLIENT breaches these Terms and Conditions.
- If ClickPanda reasonably suspects that the CLIENT is using the Services or the System fraudulently or that their account is being used by third parties fraudulently.
- Immediately, if required by a change in the laws or regulations applicable to the ClickPanda Country, or when required by a regulator or legal authority.
- Immediately, if ClickPanda decides to stop offering its services in a specific ClickPanda country.
9. FINAL PROVISIONS
9.1. As Payer the CUSTOMER accepts the use of electronic communications to modify these Terms and Conditions, to make notifications and to have contact with ClickPanda.
9.2. If any court or administrative body of competent jurisdiction or an arbitration tribunal determines that any of the provisions of the Terms and Conditions or any part thereof is illegal, invalid or unenforceable, such provision or part thereof shall be deemed to be unwritten, without this affecting the legality, validity or capacity of execution of the rest of these Terms and Conditions.
9.3. The CLIENT may not assign this contract or any right or obligation arising from it without prior written authorization from ClickPanda. ClickPanda may, without prior notice, assign to third parties this contract or any right or obligation arising from it.
9.4. ClickPanda will not be violating or breaching any of its obligations arising through this contract, when this is a consequence of the occurrence of a situation of force majeure. A situation of force majeure refers to any fact or situation that escapes or is beyond the control of ClickPanda.
9.5. The CLIENT may contact ClickPanda, by sending an email to the following address: support@clickpanda. ClickPanda will contact the CUSTOMER in order to respond to your requirements.
10. APPLICABLE LAW AND JURISDICTION
10.1. The applicable law to settle disputes arising between ClickPanda and the Payer, will be the country of domicile of the ClickPanda Company that processes the payment in question.
10.2. The disputes arising will be subject to the jurisdiction of the competent courts in the ClickPanda Country in which the payment in question has been processed.
11. COMBO PLANS
What are the combined plans?
The combined plans are a combination of domain names, single domain hosting, website generator and commercial email orders packaged together to offer great discounts.
Can I transfer a domain and use it in a combined plan?
No. You can not transfer a domain name and use it in a Combo Plan. It can be purchased only with a new domain registration order.
Can I choose any other product that is not included in the Combo Plan?
No. You can not choose any other product or TLD other than what is already available within the Combo Plans.
How do I renew the Combo Plan orders?
You can renew the orders included in the Combo Plan independently. Renewals will be billed at regular prices for each individual order in a Combo Plan.
Is there a money back guarantee for combined plans?
No. We do not currently offer a money back guarantee for orders in combined plans.
Can I update orders in a combined plan?
You can not change from one Combined Plan to another. However, orders included in a combined Plan can be updated individually. The update or demotion will not include a prorated credit.
Can I create my own custom Combo Plan?
No. You can not create a custom merged plan.